State duty for consideration in an arbitration court - calculation features

When is it necessary to file an appeal?

No one is immune from mistakes. The appellate authority exists to correct illegal and unfounded court decisions. In the second instance, the court re-examines the case, and if there are procedural violations, which are an absolute basis for reversing the court decision, it considers the case according to the rules of the first instance. The procedure and rules of trial by the court of appeal are regulated by Chapter 34 of the Arbitration Procedure Code of the Russian Federation.

What is an appeal and what does it achieve?

An appeal, if satisfied, provides an opportunity for the defendant to cancel the court decision before it enters into force, and therefore before the issuance of a writ of execution.

In addition, both the plaintiff and the defendant will not be able to file a cassation appeal without going to the appellate court.

You can appeal not only the court decision, but also some rulings.

State duty in litigation

If there is an unresolved conflict between the parties, a claim is filed in arbitration with a request to resolve this issue. Any demands of the applicant - to challenge the actions of government agencies, establish a legal fact, etc., require monetary costs on his part, therefore it is necessary to calculate the state fee to the arbitration court before filing a statement of claim.

All claims to arbitration are divided into:

• property;
• non-property.

The type of application mainly determines the cost of legal fees. Property claims include any claims for debt collection, penalties, contractual debts, and losses. Also establishing the fact of recognition of rights to property or its alienation from other persons.

Non-property claims do not involve financial claims. This includes requests to recognize concluded documents, signed contracts as invalid, and demands to refute false information. One claim may include both monetary and non-property claims. There is a practice regarding how the arbitration court fee for such applications is calculated: for each claim it is paid separately.

The cost of the claim usually includes the amount of payments collected and the value of the property in dispute. If arbitration receives an appeal for a debt under a contract, the total claims include the principal debt plus penalties, interest, possible losses - usually all this is listed in a list.

The subject of the proceedings may be monetary claims in foreign currency. Here, the value of the claim will be determined as follows: the documented condition of the payment is taken into account, specifically in what monetary units. If the agreement states that the parties pay in rubles linked to the currency, then the price of the claim is determined in rubles. Another alternative: if an amount in currency is specified as a condition of settlement before the disputed contractual transaction, then it is in foreign units that the claims are determined.

The cost of the claim is one of the required details of the application. If it is not specified, there is a high probability that the judicial authorities will return his appeal to the plaintiff. If the appeal consists of several monetary claims, it is better to additionally make a separate document with their calculation and justification. This will be an attachment to the main claim document. The non-property nature of the claims should be clarified in the submitted appeal so as not to mislead the defendant and the judge. A detailed explanation of how to calculate the state duty to the arbitration court is given below.

How to file an appeal

In your complaint, be sure to include:

• name of the court of appeal,
• name, INN, OGRN and contact details of the parties to the dispute,
• case number and date of the decision of the court of first instance,
• arguments why you do not agree with the decision,
• your demands (to cancel or change the court decision).

Please attach to the complaint: confirmation of sending a copy to the defendant and other parties to the dispute, payment documents confirming payment of the state fee in the amount of 3,000 rubles, a copy of the court decision, and other documents.

But the appeal then becomes effective when the applicant correctly argues his position/

Appeal: argumentation

When preparing the arguments of the complaint, refer to Art. 270 of the Arbitration Procedure Code of the Russian Federation, which regulates the grounds for reversing a decision:

• indicate which circumstances the court did not consider and did not find out, which of your arguments it ignored and did not evaluate,
• point out the court's conclusions, which are not supported by any evidence and are based on assumptions,
• indicate which conclusions do not correspond to the facts,
• list the violation of the law (material and procedural) with reference to specific articles and paragraphs.

Don’t forget to sign the complaint, and also check that the representative’s power of attorney includes the authority to appeal the court’s decision.

If you do not attach the necessary documents, the complaint will be left without progress, and if you do not correct the shortcomings on time, it will be returned.

In addition, the complaint will be returned to you immediately if it is not signed or the signatory is not authorized to do so.

Appeal to the court: who can file it?

Persons involved in the case may file a complaint.

In addition, any person, even if he did not participate in the case, but the judicial act affected his rights or obligations, can file an appeal. In this case, you will have to justify exactly what your rights and obligations are affected by the judicial act and how.

The prosecutor can also file a complaint, even if he was not involved in the case.

Legal successors of the parties and third parties can also appeal against judicial acts.

State duty rates for an appeal

State duty rates for consideration of arbitration disputes are approved by Article 333.21 of the Tax Code of the Russian Federation. In pp. 12 clause 1 of this article states that for an appeal in arbitration you must pay 50% of the amount of the fee established for filing claims of a non-property nature. Here's how the duty rate will be calculated:

1. the state duty when filing a statement of claim with the arbitration court is 6,000 rubles, if the subject of the claim is of a non-property nature;
2. The state fee for the appeal will be 3000 rubles, i.e. 50% of the amount 6000 rub.

The specified duty rate is fixed and does not depend on the subject of the dispute and the cost of the claim. Any participants in the process, including citizens and legal entities, are required to pay it.

Also use the “Court Fee Calculator”

In Art. 33.37 of the Tax Code of the Russian Federation specifies benefits for paying fees when applying to arbitration courts.

Only public organizations of disabled people are exempt from the fee if they are the plaintiff or defendant. The organization must confirm this status with the Unified State Register of Legal Entities and constituent documents. The court does not have the right to provide benefits for plaintiffs and defendants if they are not provided for in the Tax Code of the Russian Federation.

Deadline for filing an appeal

You are given one month to appeal a court decision or ruling.

The period is considered not when the complaint is received by the court, but when you send it there.

If the deadline for appeal is missed, send along with the complaint a request to restore the deadline. But you can restore the period only no later than 6 months from the moment the decision was made or a person not participating in the case learned about it.

The reason must be valid, for example, illness, long business trip, other family circumstances - for individuals; a long absence of a decision in the file on the court’s website and the simultaneous failure to receive a copy on paper - for companies. The illness or business trip of an individual representative, the absence of a lawyer on staff, or a change of director will not be a valid reason for the company.

If there is no request or if the reason is considered unjustified, the complaint will be returned to you.

Deadline for filing an appeal to the arbitration court

The generally established deadline for filing an appeal is within a month after the arbitration court of first instance makes the appealed decision. The period for filing an appeal is calculated from the date the court of first instance issues the judicial act in full.

The ten-day deadline for filing an appeal is established:

• in cases considered under simplified proceedings (part 3 of Article 229 of the Arbitration Procedure Code of the Russian Federation);
• in cases of bringing to administrative liability (part 4 of article 206 of the Arbitration Procedure Code of the Russian Federation);
• in cases of challenging the decision of an administrative body to bring to administrative liability (Part 5 of Article 211 of the Arbitration Procedure Code of the Russian Federation);
• in cases of forcing a legal entity to convene a general meeting of participants (part 4 of Article 2257 of the Arbitration Procedure Code of the Russian Federation);
• to appeal against rulings made during the consideration of cases on corporate disputes (with the exception of rulings to terminate proceedings and to leave an application without consideration) (Part 1 of Article 2259 of the Arbitration Procedure Code of the Russian Federation);
• to appeal rulings on transfer of a case according to jurisdiction or on refusal to transfer a case according to jurisdiction (Part 3 of Article 39 of the Arbitration Procedure Code of the Russian Federation), on refusal to satisfy a request for a co-plaintiff to join the case, on the involvement of a co-defendant (Part 7 of Article 46 of the Arbitration Procedure Code of the Russian Federation), on refusal on the entry into the case of a third party who declares independent demands regarding the subject of the dispute (Part 4 of Article 50 of the Arbitration Procedure Code of the Russian Federation), on the refusal to enter into the case of a third party who does not declare independent claims regarding the subject of the dispute (Part 31 of Article 51 of the Arbitration Procedure Code of the Russian Federation), on the refusal to satisfaction of the petition to combine the cases into one proceeding, to refuse the petition to separate the claims into separate proceedings (Part 7 of Article 130 of the Arbitration Procedure Code of the Russian Federation);
• to appeal the ruling of the arbitration court on the imposition of a judicial fine (Article 120 of the Arbitration Procedure Code of the Russian Federation);
• to appeal against rulings made by an arbitration court when considering insolvency (bankruptcy) cases and the appeal of which is provided for by the Arbitration Procedure Code of the Russian Federation and other federal laws governing issues of insolvency (bankruptcy), separately from the judicial act that ends the consideration of the case on the merits (Article 223 of the Arbitration Procedure Code of the Russian Federation ).

No later than fourteen days from the date of adoption, other rulings of the arbitration court that were adopted in the framework of a bankruptcy case may be appealed against (Articles 15, 42, 93, 124, 233 of the Federal Law of October 26, 2002 N 127-FZ “On insolvency (bankruptcy)").

Rules for calculating procedural time limits

The timing of procedural actions is determined by the exact calendar date, an indication of an event that must necessarily occur, or the period during which the action can be performed (Article 113 of the Arbitration Procedure Code of the Russian Federation). The procedural period, calculated in months, expires on the corresponding date of the last month of the established period. If the end of a procedural period calculated in months falls on a month that does not have a corresponding date, the period expires on the last day of that month. The procedural period, calculated in days, expires on the last day of the established period. In cases where the last day of the procedural period falls on a non-working day, the end of the period is considered to be the first working day following it.

A procedural action for which a time limit has been established can be completed before twenty-four hours of the last day of the established time limit. If an application, complaint, other documents or sums of money were submitted by post, transferred or declared to the body or to the person authorized to receive them before twenty-four hours of the last day of the procedural period, the deadline is not considered missed (Article 114 of the Arbitration Procedure Code of the Russian Federation).

What requests can be submitted simultaneously with the complaint?

In addition to the petition for restoration of the missed deadline, you can submit along with the complaint:

• a request to consider the complaint via video conferencing,
• application for deferment of payment of state duty,
• a petition to order an examination, request evidence or involve third parties, if you applied for this in the court of first instance and were refused,
• a petition for the inclusion of additional evidence that you could not provide in the court of first instance for objective and valid reasons.

Appeal in an arbitration case: assistance from a lawyer

Lawyers at Legal Guaranty have been defending the interests of clients in arbitration disputes in various instances for more than 18 years.

We will professionally prepare all the necessary procedural documents in compliance with the procedure for submitting them to the justice authorities.

We do not have standard solutions - each sample appeal is individual and drawn up in accordance with your situation.

Cost of drawing up an appeal to arbitration

Calculation of the cost of the complaint in your case

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Duty calculation system. Example.

For non-property claims, payment is made in the amount established by tax rules. For 2021 it is 6,000 rubles. This fee is the same for both legal entities and individual entrepreneurs. The same fee is paid by creditors or debtors to initiate proceedings in bankruptcy cases. For property disputes, a special formula is used for calculating the state duty in the arbitration court, focused on Article 333.21 of the Tax Code (clause 1 subparagraph 1). Based on the established procedure, the amount of payment to arbitration will be determined by the amount of the main claim. According to tax standards, the minimum amount of duty is 400 rubles, the maximum is 200,000 rubles.

Let's give an example of calculations.

The organization wants to reduce its accounts receivable and goes to arbitration to recover from its debtor obligations under the contract in the amount of 500,000 rubles. If we turn to the Tax Code, in case of monetary claims in the range from 201 thousand rubles to 1 million, the duty is 7,000 rubles. plus 2% of the amount exceeding 201 thousand rubles. Final calculation: 7,000 + (500,000 – 201,000) x 2% = 12,980 – this is how much you will have to pay when filing a claim. Calculations are carried out in the same way for other sizes of financial claims.