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Company / Laws

The fee in the court of General jurisdiction changed

Legal aid 02.10.2017 at 16:14

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The Supreme court of the Russian Federation proposes to amend the Tax code to increase state duty when filing claims in the court of General jurisdiction and in arbitration. In addition, the proposed Draft of the Federal law "On amendments to parts one and two of the Tax code of the Russian Federation" it is planned to increase the state duty for filing appeals, cassation appeals, Supervisory complaints and also a complaint to the cassation Court.

Before the Draft Federal law "On amendments to parts one and two of the Tax code of the Russian Federation" will be submitted for consideration in the State Duma of the Federal Assembly of the Russian Federation, the Draft Federal law intend to discuss at the meeting of the Plenum of the Supreme court.

According to the official site of the Supreme court, the discussion of the mentioned Draft Federal law are scheduled 03.10.2017 G. at the meeting of the Plenum of the Supreme court.

currently the limit for the size of the state fee when filing the statement of claim of property character is 60 000.

for Example, the price of the claim when submitting to a court of General jurisdiction is 30 000 000. Calculate according to the formula: from 1 000 000 roubles - 13 200 roubles plus 0.5 per cent of the amount exceeding 1 000 000 but not more than 60 000.

13 200p. – "Solid" size of the state duty; 30 000 000. – 1 000 000. = 29 000 000. (excess amount); 29 000 000. x 0.5 % = 145 000. (proportional to the size of the state duty); 13 200p. + 145 000. = 158 200.

because the total size of the state duty may not exceed 60 000., the amount of state tax will be 60 000.

If the maximum size of the duty will be repealed by the Draft Federal law, the state duty in the above example will amount to 158 200R.

currently on appeal to the court of General jurisdiction of a natural person, the state duty is 150r. (50% of the 300r. – the size of state duty on cases of non-property nature). The same fee is set for individuals for filing cassation and supervision complaints.

the Draft law is planned to increase the size of state duty when filing the appeal, cassation, Supervisory appeal. Thus, the size of the state duty when filing the appeal will be 50 %, appeal 100 % (first review); cassation (UK armed forces) 150 %, for Supervisory review to 200% of property claims (the claim).

for Example, the plaintiff is an individual person filed a statement of claim on debt collection under the loan agreement in the amount of 300 000. The claim was denied in full. The plaintiff intends to appeal the court's decision. The fee will be: 300 000. x 50 % = 150 000. If the appeal is denied, then upon the filing of the appeal, the state duty will need to pay the amount of 300 000. x 100 % = 300 000.

Thus, if the Draft Federal law is adopted, the size of the state duty for physical persons and legal entities will be substantially increased. The last change of duty was in 2015 but the state fee for claims of property nature has not changed, and the size of the state duty when filing appeals, cassation appeals, Supervisory complaints, did not change. In introducing the proposed Draft of the Federal law "On amendments to parts one and two of the Tax code of the Russian Federation", the armed forces are thus planning to reduce the burden on judges at all levels. If the Draft Federal law is adopted, the workload of judges might be reduced, but also will limit access of individuals to justice.