In civil proceedings, the legal costs are a sum of money that is paid by the person seeking the assistance of the court.In a broad sense, the concept is a charge for the activity as a whole and individual actions.Individual actions can make the court authorities or individuals who perform judicial duties.Also, the concept involves the expenditure of doing business - hiring an attorney.
court fees and fees paid to the production of things to come.The payment is carried out by the party, which requires fulfillment of the procedural act.If the requirement to perform the two sides, the legal costs are borne equally by them.
Adjudication involves the definition of an opponent who has to compensate for the conduct of the process.Also installed in deciding the party that will carry out the reimbursement of costs to another party.The amount of expenditure is determined in accordance with the supplied data during the process.If it is not possible to establish when setting decision, the party has the right to find a justifiable sum in the executive order.
Costs established in accordance with the principle of "retribution" in the modern civil proceedings.The government, providing security and protection of civil rights charge for their services.
It should be noted that in ancient times in Russia (as in western countries), the court was considered one of the most profitable items of power.So, sending its representatives to collect certain revenues in the area, officials and princes have committed violence as an integral part of the revenue.Fees received in favor of either the Prince sent.
The court decision determined different penalties.Thus, the higher was the face, to resolve disputes, the more were spending.This legal fees paid in favor of the accused by the court and the winning side.
Sudebnik Before publication of the first to use three types of fees.For example, they charge a fee for the call to justice, "the field" and the global transaction.With the introduction of Laws was established about eleven types of fees.Each court had its own duties.Collection was carried out after the process.However, at the time of the court proceedings are in litigation gave bail.During the reign of Tsar Boris all fees have been turned into the treasury.The judges in this case were granted the right to make voluntary offerings.
During ulozhenija fee is a special system.Thus, the duties were imposed in favor of office and the courts, as well as the sovereign duties (the treasury).
In the pre-reform Russia was established four types of fees.These were:
- fees to petitions brought by the courts.
- amounts for the transfer of proceedings on the appeal to the higher authorities, and penalties for unjust complaints and claims.Some penalties appealed to the court decided the matter, and some - in the direction of the order (agencies) public charity.Carrying charges were made solely as a guarantee of the right of appeal (similar to today's cassation collateral) and in case of recognition of the right of appeal, returned.
- Money for the article.
- duties on stamped paper.
According to the Body from 1857 spending levied in any case from the other side, which was recognized as wrong.Thus, the losing party opponent rewarded for all damages and expenses, regardless of the penalties, which were produced at the request justified.The old process involves doing business on plain paper.But at the end of the proceedings carried out the recovery of stamp duty for all the used paper.Subsequently, the Charter has been canceled this fee.Later, the penalties have been canceled for the presentation of the rejected claims.
