The state duty to the court: the calculation and payment

If you need to go to court with a lawsuit, you should know that certain categories of cases considered by judges for free, but for some you need to pay the state duty.What is the state duty to the court, how come the calculations of what constitutes the amount of the claim, which categories of citizens are entitled to benefits on payment of where and how to pay the state fee?

What is the state duty?

State fee - a fee, guided the country's budget, which must pay the citizen, referring to the competent authorities (state, local government or otherwise) that perform specific functions and legal actions set by legislation.

state duty paid for the actions of bodies such as:

• judicial areas (magistrates);

• courts of general jurisdiction and arbitration;

• higher judiciary (the Supreme and Constitutional Courts);

• notaries;

• registry offices;

• migration services;

• other state and municipal authorities.

calculation of the sum payable

In order to properly calculate the amount of duty necessary to know the exact amount and nature of the claim (eg, payment of alimony or compensation for damages).After that you should refer to the statutory (currently) calculations.

There are two types of payment of state duty:

• depending on the price of the disputed property (in rubles and a percentage of the amount of the claim);

• fixed amount (in rubles).

The fee to the court established the Tax Code (Sec. 25.3 of the Tax Code) and is the same for all regions.

What is included in the amount in dispute?

It would seem, nothing complicated in the calculation of the claim can not be.In most cases we know exactly the amount you want to require the defendant.But why do so many complainants turn to lawyers for advice on the compilation, calculation of the price of the claim and the calculation position of the state fees?Why is it necessary and accurate calculation of the correct stamp duty paid?

a lawsuit is served only when complete and clear (to the penny) calculating the required amount and, accordingly, properly paid registration fee, otherwise the matter may pause to correct any errors in the calculations.

The amount of the claim includes:

• desired value of the property;

• accrued liquidated damages, penalties and fines;

• costs of the plaintiff in the exercise of their rights (for example, payment for the preparation of the statement of claim or a lawyer);

• non-pecuniary damage.

simple example: under the supply agreement the defendant shall 250,000 rubles.During the delay, in accordance with the previously concluded contract, it has been assessed a penalty of $ 5 000.In addition, the plaintiff spent 1000 rubles, paid for drafting pleadings hired a lawyer, and 5 000 for presenting services in court.Total amount of the claim was as follows: 250 000 + 5 000 + 1 000 + 5 000 = 261 000 rubles.

state duty in the court of general jurisdiction, magistrates' courts and the Supreme Court

This fee is calculated in accordance with Art.333.19 of the Tax Code.If it is possible to set the price of the disputed property, the price of registration fee is:

suit for a court order will be charged at 50% of the amount calculated using the formula for establishing the price of the property dispute.

fixed stamp duty in the Magistrate's Court, courts of general jurisdiction and the Supreme Court

In addition settlement, there are constant (fixed) amount of payment of state duty for claims:

• totally or partially challenging regulations and documents of bodies and officials of state / municipaland local authorities - to 200 rubles.for individuals and 3 000 rubles.for legal entities;

• a complete invalidation of non-legislative acts, documents and decisions of the above mentioned persons, as well as their action or inaction - 200 rubles.for individuals, 2,000 legal entities;

• about collecting child support - 100 rub .;

• about collecting child support and claimant - 200 rub .;

• for special proceedings, for interim measures by the arbitral tribunal - 200 rub .;

• divorce - 400 rub .;

• the receipt of the writ of execution or annulment of the court - 1500 rubles .;

• for compensation for violation of rights and freedoms in court or post-trial (execution of the judgment) process - 200 rubles.for individuals and 4,000 legal entities.

• property claims are not subject to the evaluation, non-property claims, supervisory complaints - 200 rubles.for individuals and 400 rubles.for legal entities;

• appeal and cassation complaints - 50% of the registration fee, calculated on the amount of non-pecuniary nature of the claim submission.

state duty in the Supreme Court, courts of arbitration

state duty in arbitration court and the Supreme Court of arbitration cases is calculated in accordance with Art.333.22 of the Tax Code on the following parameters:

fixed stamp duty to the Supreme Court, courts of arbitration

fixed stamp duty to the arbitration court on various claims of:

• on disputes related to the conclusion, modification or termination of contracts and nullity of transactions - 4000 rubles.;

• in challenging regulations and documents of the organs and officials of the State / municipal and local authorities on the protection of the rights and intellectual property, as well as to invalidate the non-legislative acts, documents, decisions, actions and inaction of these persons - 200rub.for individuals and 2000 legal entities;

• on claims, establishing the facts of legal significance, on applications for the issuance of the writ, for interim measures, the abolition of a court decision on the execution of foreign judgments - 2 000 rub .;

• under other non-property claims (recognition of rights, specific performance) when filing a claim in bankruptcy - 4000 rubles .;

• appeal, cassation, supervising complaints, claims for termination (leaving without moving or considering) judicial proceedings - 50% of the amount of state duty when filing a claim non-material nature;

• on the claim for compensation for the violation of rights and freedoms in the proceedings or after - 200 rubles.for individuals and 4,000 legal entities.

benefits for certain individuals

state duty to the court is not paid by the following persons:

1. authors of cultural values ​​(for claims on the export of works of authorship).

2. Heroes of the Soviet Union, heroes of Russia, holder of the Order of Glory.

3. participants and invalids of the Great Patriotic War.

4. invalids I and II (no stamp duty is paid to the district court, and the world of law).

5. plaintiffs in the following claims and statements:

   - for the recovery of wages, benefits or other salary;

   - for claims arising from the employment relationship;

   - alimony;

   - to protect the rights and freedoms of the child;

   - on of adoption;

   - for compensation for injury (including death caused a breadwinner);

   - compensation for moral and material damage, the restoration of the rights and freedoms violated by a criminal prosecution;

   - compensation for moral or property damage caused by a court established by the offense;

   - the restoration of the rights and freedoms of persons affected by the political repression and rehabilitated citizens;

   - to postpone, change the method and order of execution of decisions;

   - to review the decision;

   - to review the case, if you open a new important circumstances;

   - the restoration of the terms missed due to objective reasons;

   - Complaints against decisions on administrative matters;

   - complaints to the actions of the bailiff;

   - on private complaints against the court decision;

   - on appeal in criminal cases in which the question of challenging property damage caused by crime.

6. plaintiff and defendant on appeal and appeal in cases of divorce.

All these persons are exempt from paying the registration fee in cases where the amount in dispute does not exceed 1 million. Rubles.If you exceed this amount, payment is made in accordance with the usual calculation given above, but 1 million. Rubles when calculating not taken into account.

from paying state duty magistrates and courts of general jurisdiction, except for the disabled groups I and II are also exempt combat veterans and military service, the plaintiffs consumer protection and pensioners on matters related to pension security.

In addition, there are a large number of legal entities and organizations on specific actions which the state duty payment is not made in court.

Payment Procedure

State fee is payable prior to filing a lawsuit in its entirety.

If the statement of claim filed several plaintiffs, the fee is divided between them in equal shares.

If among the plaintiffs, there are those who are exempt from state taxes, it does not apply to the share of other persons, and reduces the size of the payment for this stake.

Please note that the stamp duty is paid to the court with the exact calculation penny.

Where to pay legal costs?

First you need to take the details of the institution, which you have to pay the state fee.To do this, you must understand exactly what the court you will be treated.

Usual shall be submitted to the district court or the magistrate (depending on the amount of the claim) of residence / residence of the defendant.

Appeals - the same court or the judicial sector, whose decision is being appealed.

appeal against the decision, order or ruling of court of first or second instance - to a higher court.

details can be obtained directly from the court (on the information board, the secretary), or on the official website of the court.Calculation of the state duty to the court, you must do it yourself, according to current legislation.

After receiving the details you need to go to any bank for payment.Currently, there is a convenient system of payments through terminals or online in your account.All the major banks in the country providing the service of payment of state duty.It's enough to know the name of the court or the judicial district, the essence of your claim (the name of the action), and the exact amount needed for translation.

What documents may require the court?

When applying to the court, you must provide the original receipt of payment of state duty.This can be a payment order from a bank or a check terminal.If you pay a state fee via the Internet, you need to contact your bank stamped and your payment order (or get the original payment order).

Please note - copy of the receipt in the court are not needed and not taken into account, you must provide the original.Stamp duty is paid to the court a large number of people, often the same amount, and no one will be looking for your money among the many similar.Make a copy for yourself in case of loss will be easier to restore the necessary documents.

If the claim is filed several plaintiffs, and one (or more) of them are exempt from state taxes, along with the receipts of other participants in the proceedings must provide documents confirming the right to benefits.