State fee for an appeal in a civil case

Payment of state duty

The very first step when filing an appeal is the state fee, or rather its payment. It is carried out before the start of legal proceedings.

All categories of citizens who are not beneficiaries: individuals or entrepreneurs must pay the state duty. The payment amounts for these categories differ from each other.

For an individual, the state fee when filing an appeal is only 150 rubles. And for a legal entity - already 3,000 rubles.

This amount may increase depending on specific cases. Each person can receive a deferment if he is in a difficult financial situation.

The court may, at its sole discretion, relieve a person from the obligation to pay state fees or change the terms of payment of the fee.

Exceptions

But there are also those categories of persons who do not pay the state fee when filing a complaint. These include:

• Government bodies that go to court to assert their rights.
• A person who goes to court to defend the rights of children.
• A person who goes to court to assert his copyright.
• Disabled people of groups 1 and 2.
• A person who goes to court to assert consumer rights.
• Veterans.
• Participants in hostilities.
• Large families.
• Victims of political repression.
• Pensioners.

Types of service

1. Appeals are filed against court decisions in various categories of cases: criminal, civil and administrative.
2. Of course, the nature of the document drawn up will depend on the scope of legal relations.
3. Both decisions and sentences, as well as interim rulings and decrees, are appealed.
4. Depending on the nature of the violations committed in the court decision, a complaint is distinguished on the basis of violations of substantive or procedural rules of law, or both.
5. Complaints are filed in district, regional and federal courts.

Payment methods for state fees

Expert opinion

Stepanov Maxim Anatolievich

Legal consultant with 6 years of experience. Specialization: civil law. Extensive experience in drafting contracts.

There are a sufficient number of ways to pay state fees. Everyone can choose the most convenient and practical one for themselves. Let's look at the most common payment methods.

Payment of state duty through a Sberbank ATM

An ATM is a device that has long been known to everyone, with which you can perform a wide variety of financial transactions. Previously, it was used only to receive funds. Now it performs the following functions:

• Checking the status of your personal account. Using an ATM, you can perform this operation in just a couple of minutes. Most users often check the balance on their card using this device. It can be obtained both on screen and in print.
• Issuance of funds. As mentioned above, most ATMs were originally produced for this very purpose.
• Acceptance of funds. Almost every modern ATM is now equipped with a special compartment for accepting funds. It accepts up to 50 bills at once. Insert them after removing rubber bands, paper clips and other foreign objects. The ATM will automatically calculate all funds and credit them to your card.
• Payment for services. Using each ATM, you can pay for any services (utilities, state fees, etc.) You must enter the recipient's details and send the required amount. This operation takes only a couple of minutes.
• Money transaction. Through an ATM you can transfer funds to another Sberbank client without commission in just a couple of minutes.

To pay the state fee, select the required section to pay for services, enter the recipient's details correctly and make the payment. Save your receipt! It is a document to confirm the fact of transfer of funds.

Payment of state duty through the Sberbank terminal

A terminal is significantly different from an ATM. This machine appeared in Sberbank branches not so long ago. Its main difference from an ATM is that it is not designed to dispense funds.

In order to pay the state fee through the terminal, select the appropriate section in the main menu. Next, indicate your region and recipient's name. All details will be entered automatically.

Select the type of state fee (in this case, the state fee for filing an appeal). Make a payment. This can be done using a bank card.

As in the previous case, be sure to keep the receipt of payment. If it is lost, the payment will be considered invalid. To begin legal proceedings, you will need to pay the state fee again, which will lead to unnecessary costs.

Payment of state duty through Sberbank online

A fairly common method today is paying state fees through Sberbank online. It is very popular as it does not require visiting a bank branch and only takes a few minutes.

As in all previous cases, you will need a bank card to complete the operation. Log into your personal account from any device. To log in you will need a username and password.

Select the section to pay for government services. Next, select your region. Please provide the full name of the recipient (government body). Select the type of contribution.

After this, make payment using a bank card. Print the check.

This method has a number of advantages:

• Payment takes just a couple of minutes and does not require leaving your home.
• Cashless payments are made, which in most cases is much more convenient and practical.
• If a payment receipt is lost, it can be easily restored. To do this, you need to find the desired one in the transaction history and click the corresponding button to print.

This video explains how to pay the state fee when filing an appeal:

Few people know that a court decision can be challenged if there is an opinion that it was made dishonestly. In this case, you can appeal the court decision by filing an appeal. Persons who are directly involved in the case under consideration or whose interests were affected by this court decision have the right to file such a complaint.

I filed an appeal to the court without a state fee receipt, will they refuse to accept it? And what can you do next?

They will leave without movement, it is necessary to send the original receipt for payment of the state duty by mail or courier service with a covering letter indicating the data of the case (No., judge, participants in the case) or report it to the court of first instance (through which the appeal was filed) and submit it under the mark (if it is carried out). admission, because now many courts have restrictions).

Indeed, the printed check in electronic form attached to the statement of claim is essentially a copy of the payment order on paper and does not contain confirmation of the execution of the payment order. The specified check for the Sberbank Online transaction for payment of the state duty without a mark from the payer's bank on execution and without the signature of an authorized person does not indicate the debiting of funds from the plaintiff's account to pay the state duty. The specified check is also not proof of the transfer of state duty to budget revenue, since it does not contain the corresponding bank marks. The copy of the check attached to the statement of claim is not certified by the bank, does not have the bank’s corresponding execution mark, can be drawn up using printing technology by any other person, does not contain the full payment card number, account number, or the payer’s last name, which does not allow him to be identified. Also, as noted by the Supreme Court of the Republic of Kazakhstan, the possibility of submitting such a document simultaneously to different civil cases with the participation of the party appealing the judge’s ruling is not excluded.

We recommend reading: Are There Federal Benefits for Veterans on Railways?

In all these cases, the appellate authority will consider the case anew - it will be possible to present new documents, ask for examinations, etc., as in the first instance. This is a very rare situation where the appellate authority may even order one or more new trials.

It happens that a judge takes two weeks to draw up a reasoned decision, and indicates the date when he made the decision “according to the rules.” In one case where I was involved, the judge wrote a reasoned decision three weeks after the decision was announced. During this time, she managed to fly on vacation. It also happens the other way around - when judges lock themselves in their offices for a long time after a meeting and immediately come out with a reasoned decision.

This complaint does not require any special formatting: the same information is indicated as in the case of an appeal or cassation complaint. Only decisions and determinations made by all authorities to which the applicant previously applied are added to the text of the application. In fact, a supervisory complaint reflects the entire process of appealing a verdict, all its previous steps. Plus, copies of the appeal and cassation rulings are added as an appendix.

The judge considers the complaint individually based on the materials set out in the text of the application. If the need arises, he will make a request for additional case materials to a specific court of general jurisdiction. The result of the consideration is the transfer of the case to the Presidium of the court or a reasoned refusal to consider it (Article 381 of the Code of Civil Procedure). The first option is a great success, since this happens infrequently, and if it does happen, the complaint is usually satisfied.

• on leaving in force and without changes the original judicial act;
• on amendments to the appealed decision;
• making a new decision on the merits, i.e. about satisfaction of the claim or refusal of claims;
• to cancel the act and return the case back to the first instance (if irreparable violations have been identified for which the lower court must restart the process).

The subject of the appeal may be a violation of substantive and/or procedural law. The applicant must indicate these arguments in the complaint, but the court has the right to examine other materials of the case received from a lower authority. The appearance of the participants in the appeal process is not mandatory, and additional evidence can be presented only if it is proven that it is impossible to obtain it during the consideration of the case in the first instance.

Regulatory acts regulating the types and amount of state duty

All government transactions, including payment of state duties, are carried out in accordance with the current legislation of the Russian Federation. In this case, it is worth turning for information to the Tax Code of the Russian Federation, Art. 333.18. It describes the procedure for paying the state fee for an appeal:

• when sending an application for alimony, etc. to an arbitration or magistrate court, the fee will be paid personally by the applicant or plaintiff;
• If the defendant did not win the case and wishes to challenge the court’s ruling, within 10 days from the receipt of the decision he must file an appeal to the Supreme Court with advance payment of the state fee, the calculation of which depends on the type of case.

You can confirm the fact of payment of the state duty using checks or receipts from the bank with a wet stamp. A receipt or check is attached to the documents submitted to the court.

Note! In the case of an existing deferment in payment of the state fee or installment plan (payment of the fee in installments over a period of time), you should be guided by the provisions of Art. 90 Code of Civil Procedure of the Russian Federation, Art. 333.20 and Art. 333.41 of the Russian Federation. In Art. 333.40 of the Tax Code of the Russian Federation stipulates the procedure for the return of state duty and its offset.

Do I need to pay a state fee when filing an appeal?

Expert opinion

Stepanov Maxim Anatolievich

Legal consultant with 6 years of experience. Specialization: civil law. Extensive experience in drafting contracts.

The state fee is paid regardless of which court the person intends to send the complaint to. An appeal is always sent to a higher appellate court of the Russian Federation. District courts are classified as bodies of general jurisdiction.

• What is the basis for refusing to accept a citizen’s claim?
• What is the basis for returning a statement of claim in civil proceedings?
• Time limit for consideration of a claim in a civil case in the Magistrates' Court
• Deadlines for filing and consideration of complaints and applications from citizens
• Deadline for filing a supervisory complaint in a civil case
• Deadline for filing an appeal in a civil case
• Deadline for responding to citizens' complaints according to law

Sample appeal

State fee for filing an appeal

The state fee for an appeal in 2021 depends on the type of authority where the claim is sent. The cost of the state fee for a complaint to the court of appeal is determined in the amount of 50% of the amount that must be paid when initially filing a non-property claim. In this case, the amount of the appeal will be established as:

• 150 rub. individuals;
• 3000 rub. legal persons.

Where to pay the state fee

The state fee for filing an administrative claim under the CAS of the Russian Federation is paid to the tax authority at the location of the regional court of appeal where the petition (complaint) was filed. The details for making a payment of the state duty for an appeal to a court of general jurisdiction can be found on the website of the Federal Arbitration Courts of the Russian Federation.

Summary

• The amount of the state fee when filing an appeal in a civil case.
• What is the amount of the state fee when filing an appeal against a decision of the magistrate’s court?
• What is the amount of the state fee when filing an appeal?
• What is the amount of the state fee when filing an appeal?
• Amount of state duty when filing an appeal.
• The amount of the state fee when filing an appeal in a civil case.
• What is the amount of the state fee when filing a property appeal?
• Payment of state fees when filing an appeal
• What is the state fee when filing an appeal?
• Is a state fee paid when filing an appeal?
• State duty to court when filing an appeal
• The amount of state duty when filing an appeal

Questions

1. The amount of the state fee when filing an appeal in a civil case.

1.1. The state fee for filing an appeal is 150 rubles.

2. What is the amount of the state fee when filing an appeal against a decision of the magistrate’s court?

2.1. The state fee is 150 rubles

3. What is the amount of the state fee when filing an appeal?

3.1. state the duty is 150 rubles.

4. What is the amount of the state fee when filing an appeal?

4.1. when filing an appeal and (or) a cassation complaint - 50 percent of the amount of the state duty payable when filing a claim of a non-property nature.

5. The amount of the state fee when filing an appeal.

6. The amount of the state fee when filing an appeal in a civil case.

6.1. Article 333.19. Amounts of state fees for cases considered by the Supreme Court of the Russian Federation, courts of general jurisdiction, and justices of the peace

[Tax Code of the Russian Federation] [Chapter 25.3] [Article 333.19] 1. In cases considered by the Supreme Court of the Russian Federation in accordance with the civil procedural legislation of the Russian Federation, courts of general jurisdiction, justices of the peace, the state fee is paid in the following amounts:

1) when filing a claim of a property nature subject to assessment, with the price of the claim:

2) when filing an application for a court order - 50 percent of the amount of the state duty collected when filing a claim of a property nature;

3) when filing a claim of a property nature that is not subject to assessment, as well as a claim of a non-property nature:

4) when filing a supervisory complaint - in the amount of the state duty paid when filing a claim of a non-property nature;

6) when filing an application to challenge (in whole or in part) regulatory legal acts (regulatory acts) of state bodies, the Central Bank of the Russian Federation, state extra-budgetary funds, local governments, state corporations, officials, as well as applications to challenge non-regulatory legal acts of the President Russian Federation, Federation Council of the Federal Assembly of the Russian Federation, State Duma of the Federal Assembly of the Russian Federation, Government of the Russian Federation, Government Commission for Control of Foreign Investments in the Russian Federation:

7) when filing an application to recognize a non-normative legal act as invalid and to recognize decisions and actions (inaction) of state bodies, local governments, other bodies, officials as illegal:

9) when filing an appeal and (or) a cassation complaint - 50 percent of the amount of the state duty payable when filing a claim of a non-property nature;

10) has become invalid;

15) when filing an application for an award of compensation for violation of the right to legal proceedings within a reasonable time or the right to execution of a judicial act within a reasonable time:

2. The provisions of this article are applied taking into account the provisions of Article 333.20 of this Code.

This is interesting: How to sell a credit car

6.2. 50% of the state fee when filing a claim.

6.3. The first 2 answers are incorrect.

when filing an appeal and (or) cassation complaint - 50 percent of the amount of the state duty payable when filing a claim of a non-property nature,

i.e. you need to pay 150 rubles. or 3000 rub.

7. What is the amount of state duty when filing a property appeal?

7.1. 100 rubles. According to Article 333.19 of the Tax Code of the Russian Federation

9. What will be the amount of the state fee for an appeal? If the plaintiff paid 3,500 rubles when filing the claim, the court reduced the amount of the plaintiff’s state duty to 2,900 rubles. Civil court, about the collection of debts for utility bills, I am the defendant.

In cases considered by the Supreme Court of the Russian Federation in accordance with the civil procedural legislation of the Russian Federation and the legislation on administrative proceedings, courts of general jurisdiction, magistrates, the state fee is paid in the following amounts:

when filing a claim of a property nature that is not subject to assessment, as well as a claim of a non-property nature:

when filing an appeal and (or) cassation complaint - 50 percent of the amount of the state duty payable when filing a claim of a non-property nature (subparagraphs 3, 9 of paragraph 1 of Article 333.19 of the Tax Code).

10.1. State duty 3 tr. It does not depend on the cost of the claim. It's standard. Determined in accordance with Art. 333.21 Tax Code of the Russian Federation.

10.2. State duty according to Art. 333.19 Tax Code of the Russian Federation state duty 3000 rubles.

10.3. — Hello, dear site visitor, you can open the State Duty calculator, or read the law, this is 50% of the statement of claim. Article 333.19 of the Tax Code of the Russian Federation. Amounts of state duty for cases considered by the Supreme Court of the Russian Federation, courts of general jurisdiction, justices of the peace (current version) 1. For cases considered by the Supreme Court of the Russian Federation in accordance with the civil procedural legislation of the Russian Federation and the legislation on administrative proceedings, courts of general jurisdiction, justices of the peace, the state fee is paid in the following amounts: 9) when filing an appeal and (or) cassation complaint - 50 percent of the state fee payable when filing a claim of a non-property nature;

Good luck to you and all the best, with respect, lawyer Ligostaeva A.V.

10.4. The amount of the state duty will be 150 rubles (clauses 3.9, part 1, article 333.19 of the Tax Code of the Russian Federation) when considering a case in a court of general jurisdiction, and 3,000 rubles if the case was heard in an arbitration court (clauses 4, 12.1, article 333.21 ).

Article 333.21 Amount of state duty in cases considered by the Supreme Court of the Russian Federation, arbitration courts 12. upon filing

appeal and (or)
cassation complaint against decisions and (or) resolutions of the arbitration court
, as well as against court rulings on the refusal to accept a statement of claim (statement) or an application for the issuance of a court order, on termination of proceedings in the case, on leaving the statement of claim without consideration, in the case of challenging the decisions of the arbitration court, on the issuance of writs of execution for the forced execution of decisions of the arbitration court, on the refusal to issue writs of execution -
50 percent of the amount of the state fee payable when filing a claim of a non-property nature;
Tax Code of the Russian Federation Article 333.21. Amounts of state fees for cases considered by the Supreme Court of the Russian Federation and arbitration courts

""1. In cases considered by the Supreme Court of the Russian Federation in accordance with the arbitration procedural legislation of the Russian Federation, arbitration courts, the state fee is paid in the following amounts:

«»12) when filing an appeal and (or) cassation complaint against decisions and (or) resolutions of the arbitration court, as well as against court rulings on the refusal to accept a statement of claim (statement) or an application for the issuance of a court order, on termination of proceedings, on leaving the statement of claim without consideration, in the case of challenging the decisions of the arbitration court, on issuing writs of execution for the forced execution of decisions of the arbitration court, on refusing to issue writs of execution - 50 percent of the amount of the state fee payable when filing a claim of a non-property nature

;

12.1) when filing a cassation appeal against a court order - 50 percent of the amount of the state duty payable when filing a claim of a non-property nature;

12.2) when filing a supervisory complaint - in the amount of the state duty payable when filing a claim of a non-property nature;

2. The provisions of this article are applied taking into account the provisions of Article 333.22 of this Code.

10.7. Good afternoon In accordance with Art. 333.21 of the Tax Code of the Russian Federation when filing an appeal and (or) cassation complaint against decisions and (or) decisions of an arbitration court, as well as against court rulings on the refusal to accept a statement of claim (statement) or an application for issuing a court order, to terminate the proceedings, on leaving a statement of claim without consideration, in a case challenging the decisions of an arbitration court, on issuing writs of execution for the forced execution of decisions of an arbitration court, on refusing to issue writs of execution - 50 percent of the amount of the state duty payable when filing a claim of a non-property nature; those. 3000 rubles. In general, you need to be very careful when writing the complaint itself, since the percentage of their acceptance is extremely low, amounting to 1% out of 100, and its preparation requires knowledge and skills. It is better if it is compiled by a specialist. Best wishes to you.

10.8. This is probably being asked by a lawyer who lost 250 million?) Hire me) I know the right answer! 3000=) 333.21 Tax Code.

11. When the plaintiff files an appeal against the district court’s decision on a lawyer’s contract for the provision of legal services, does the plaintiff have to pay a state fee. If yes, in what size? Thank you.

11.1. According to Article 333.19 of the Tax Code of the Russian Federation, when filing an appeal and (or) cassation complaint, the amount of the state duty is 50 percent of the amount of the state duty payable when filing a claim of a non-property nature, that is, the amount of the duty is 150 rubles.

12. What is the amount of the state fee when filing an appeal against a district court’s decision on a bank’s claim for a loan?

12.1. The amount of the state duty when filing an appeal against the decision of the district court on a bank claim for a loan is 150 rubles.

This is interesting: Who is the plaintiff and defendant in court?

12.2. If an appeal or cassation complaint is filed, the state duty is 150 rubles.

Article 333.19. Amounts of state fees for cases considered by the Supreme Court of the Russian Federation, courts of general jurisdiction, and justices of the peace. 1. In cases considered by the Supreme Court of the Russian Federation in accordance with the civil procedural legislation of the Russian Federation and the legislation on administrative proceedings, by courts of general jurisdiction, and justices of the peace, the state fee is paid in the following amounts:

9) when filing an appeal and (or) cassation complaint - 50 percent of the amount of the state duty payable when filing a claim of a non-property nature.

13. What is the amount of the state duty to the regional court when an individual files an appeal against a district court’s decision on a bank’s claim for collection under a loan agreement?

13.1. What is the amount of the state duty to the regional court when an individual files an appeal against the decision of the district court on a bank claim for recovery of 150 rubles under a loan agreement. Go to the regional court website and download the receipt.

13.2. Tax Code of the Russian Federation.

Article 333.19. Amounts of state fees for cases considered by the Supreme Court of the Russian Federation, courts of general jurisdiction, and justices of the peace.

1. In cases considered by the Supreme Court of the Russian Federation in accordance with the civil procedural legislation of the Russian Federation and the legislation on administrative proceedings, by courts of general jurisdiction, and justices of the peace, the state fee is paid in the following amounts:

9) when filing an appeal and (or) cassation complaint - 50 percent of the amount of the state duty payable when filing a claim of a non-property nature.

Therefore, if you are an individual, then the state duty will be 150 rubles!

13.3. Amount of state duty: 150 rubles. The fee for filing an appeal or cassation complaint must be paid according to the details of the court in which the complaint will be considered. You need to generate a receipt on the website of the court where the review will take place.

13.4. Hello! As a rule, the court website contains a state duty calculator. If it is not there, then the amount of the state duty can be clarified by consulting the Tax Code of the Russian Federation.

How can I pay, methods

You can pay the state duty in Russia in completely different ways, choosing the closest option for yourself. For example, it is convenient for someone to contact the bank’s cash desk with their details, but for those who live remotely, an option would be an i-box or a terminal or an ATM.

Payment through a bank cash desk

One of the options that is relevant for the majority is the cash desk of Sberbank of Russia. It is always available and there are numerous branches throughout the country, even in sparsely populated villages.

Sberbank terminals are no less in demand than cash registers, especially among those who can handle the automated system quite independently and can enter details on the screen. This is in part more suitable for young people and the middle generation, who are more likely to encounter computers.

Whatever option the payer chooses, the main and mandatory rule is to correctly enter the details for making the payment. If you make a mistake, the money to pay the state fee may go in the wrong place, or it may get stuck in the system, and it may be difficult to get it back.

In this case, you will have to write a statement to the bank about incorrectly providing payment details and wait for a refund.

You can always file a claim in court, but it will not be accepted without paying a state fee. This is a prerequisite in most legal proceedings. However, there are situations where the party filing the complaint or claim is exempt from paying the fee. You can also later return the money spent on state duty.

Appeal against a district court decision: prices and sample

Free online legal advice on all legal issues

Appeal

Immediately at the preliminary hearing, the judge openly sided with the defendant. Turning half a turn away from me, he said quite clearly: “I’ll show you how to file a lawsuit.

You will pay me and pay me." At the end of the preliminary hearing, I told the defendant that he (the judge) would tell him how the defendant could deal with me and those who agree with me. My claim was rejected.

Is it necessary to somehow write in the complaint about the actions of the judge and what laws should be referred to?

The commission department sold my things for 100,000 rubles, deceiving another 30 people and did not give the money

What articles can be applied to my case?

Good afternoon In order to give you recommendations with references to the rule of law, it is necessary to have an idea of ​​the court’s decision and in what part you do not agree with it.

The commission department sold my things, but did not return the money in the amount of 100,000 rubles. The court decided to punish in the form of compulsory labor. He deceived more than 30 people. Thus. How to file an appeal?

How to file an appeal?

Good afternoon In accordance with the Code of Civil Procedure of the Russian Federation, an appeal or presentation is filed through the court that made the decision. An appeal or presentation received directly by the appellate instance is subject to forwarding to the court that made the decision for further action in accordance with the requirements of Article 325 of the Code of Civil Procedure of the Russian Federation.

An appeal or presentation may be filed within a month from the date the court decision is made in final form, unless other deadlines are established by this Code.

An appeal or presentation must contain:

1) the name of the court to which the appeal or presentation is filed;

2) the name of the person filing the complaint, presentation, his place of residence or location;

3) an indication of the court decision that is being appealed;

4) the demands of the person filing the complaint or the demands of the prosecutor making the presentation, as well as the grounds on which they consider the court decision to be incorrect;

5) a list of documents attached to the complaint or submission.

An appeal or presentation cannot contain demands that were not stated during the consideration of the case in the court of first instance.

A reference by the person filing the appeal or the prosecutor bringing the appeal to new evidence that was not presented to the court of first instance is allowed only if it is justified in the said complaint or presentation that this evidence could not be presented to the court of first instance.

The appeal is signed by the person filing the complaint or his representative. The complaint filed by the representative must be accompanied by a power of attorney or other document certifying the authority of the representative, if there is no such authority in the case.

The appeal submission is signed by the prosecutor.

The appeal is accompanied by a document confirming payment of the state fee, if the complaint is subject to payment.

The appeal, presentation and documents attached to them are submitted with copies, the number of which corresponds to the number of persons participating in the case (Article 322 of the Code of Civil Procedure of the Russian Federation).

How to appeal a tax authority's decision

An appeal to a higher tax authority or in court against an inspection decision that does not suit the taxpayer is provided for in Art. 138 Tax Code of the Russian Federation. At the same time, the applicant cannot immediately appeal the decision in court, that is, go there directly - his application will simply not be accepted. Decisions of the tax office or its officials can be appealed to a higher tax authority or to the same authority that issued the tax act.

The taxpayer is informed where and when the audit and objection report will be considered - he can be present, give oral explanations and submit supporting documents. In this case, the taxpayer’s arguments must be indicated in the protocol, which is kept during the consideration (clause 4 of Article 101 of the Tax Code of the Russian Federation).

Who should pay the fee?

In accordance with current legislative requirements, a payment document indicating the fact of transfer of the fee must be attached to the statement of claim, complaint, petition, etc. Consequently, the obligation to pay the deduction in question falls on the shoulders of the citizen filing an appeal against the decision made by the court of the previous instance.

However, based on the results of the appeal proceedings, the payment procedure may be reviewed by the court. The options are as follows:

• the court regards the appeal as legitimate and satisfies the demands of its author - the other party to the proceedings is obliged to compensate the costs;
• the court does not satisfy the appeal requirements - the money is not returned to the applicant;
• The appeal is partially granted by the court - the fee is distributed among the participants in the proceedings. The calculation is carried out in accordance with the percentage of the appeal granted. For example, if the applicant put forward 3 demands and 2 of them were satisfied, the second party to the proceedings will recover 2/3 of the amount of the state encumbrance. Section 333.36. Benefits when appealing to the Supreme Court of the Russian Federation, courts of general jurisdiction, and magistrates

Amount and procedure for payment of duties

Legislative standards regarding state duties are determined by the provisions of Chapter 25.3. the current Tax Code.

When considering property claims, the amount of recovery is determined taking into account the cost of the proceedings. In this case, the applicant must pay at least 50% of the calculated amount.

The procedure for collecting the remaining funds will be determined based on the results of the proceedings. State duty (Chapter 25.3 of the Tax Code of the Russian Federation), Art.

1

The fee in relation to claims of a property nature, as noted, is determined by the cost of the disputed proceedings. Information on this matter is given in the following table.

Table. Calculation of fees for property claims

Expert opinion

Stepanov Maxim Anatolievich

Legal consultant with 6 years of experience. Specialization: civil law. Extensive experience in drafting contracts.

Citizens often encounter difficulties in determining the recipient of the payment. Options 2: court of first instance and appellate instance.

Legislative norms establish the following payment procedure: the fee is transferred in favor of the authority that received a similar deduction when filing the original disputed claim. The exact details for the transfer, as well as the amount of payment, must be clarified locally, in the court office or at a stand with important information.

The procedure for filing an administrative claim and paying the state duty under the CAS of the Russian Federation

Focusing on the principles of the CAS of the Russian Federation, it can be noted that administrative disputes are based on competition and equality of the parties to the proceedings. The burden of proof, according to established rules, lies with those who present their claims through a lawsuit. It is worth remembering that you can avoid the case going to court if you first apply pre-trial methods of dispute resolution.

The Tax Code of the Russian Federation establishes that the amount of the state duty when filing a claim in court can be represented by a fixed rate, a percentage of the price of the stated claims, or a combination of these two options. Payment of the fee is carried out by the applicant, however, he can ask the court to recover from the perpetrator all legal expenses, including the paid state duty. The law provides for a specific deadline for paying the fee for consideration of an administrative dispute; it is 10 days after the decision is made.

State duty benefits

Legislative norms determine the following procedure for benefits. Representatives of the following categories of citizens are exempt from paying the fee:

• persons awarded the title of Hero of the Russian Federation or the USSR;
• citizens who are full holders of the Order of Glory;
• persons who took part in the Great Patriotic War, as well as those who became disabled as a result of those events.

To receive the benefit, the applicant must present the appropriate identification. State duty benefits

The following categories of claims are exempt from collection:

• drawn up in relation to labor disputes, benefits;
• alimony;
• submitted for the purpose of claiming compensation for harm resulting from injury and other injuries to the breadwinner, as well as upon his death;
• drawn up with a demand for compensation for moral/property damage that arose as a result of the crime;
• complaints affecting aspects of the divorce process.

In accordance with current legislation, parties to proceedings may be released from the encumbrance in question in the following situations:

• when requesting a deferment of execution of court orders;
• in case of filing an application to change the procedure/method of execution of decisions made as a result of the trial;
• when requesting an extension of the missed deadline; Article 333.18. Procedure and deadlines for paying state duty
• in case of filing a petition for review of a default judgment, decisions and rulings, final decisions;
• when filing complaints regarding the performance or non-performance of their duties by bailiffs;
• in case of submission of private complaints against judicial rulings for consideration. The situation is clarified on an individual basis.

In addition, citizens of the following categories may be exempt from the state penalty in question:

• applicants submitting complaints for judicial consideration regarding compensation for any kind of harm caused during criminal prosecution;
• citizens who were unjustifiably subjected to political repression and rehabilitated in accordance with established legislative provisions;
• persons belonging to the category of refugees and forced migrants in the event of an appeal challenging the refusal to recognize them as such, registration and other provisions provided for by legislative standards;
• citizens appealing to the court in cases related to adoption;
• applicants filing appeals in cases of protection of children, their legitimate interests and established rights;
• citizens appealing proceedings in cases of a non-property nature affecting the rights of people with disabilities;
• applicants filing appeals in relation to cases of compulsory psychiatric treatment/examination of citizens;
• prison inmates if they submit a request for the re-issuance of various types of documents drawn up during judicial proceedings, if they have the right to familiarize themselves with them; Article 333.41 of the Tax Code of the Russian Federation
• appeals from citizens positioning themselves as authors of the results of various types of intellectual activity. Such applicants are exempt from the burden of state fees in the event of appealing claims for their admission to work with intellectual property owned by other persons.

When challenging a claim worth up to 1 million rubles , the burden in the form of state duty can be lifted from representatives of the following categories of citizens/organizations:

• organizations of disabled people;
• citizens who are disabled I – II groups;
• veterans of various military operations and services;
• citizens resorting to appeal against decisions regarding violation of consumer rights;
• pensioners in the event of claims being brought against state and non-state pension funds, as well as against executive bodies whose powers include pension provision for former military personnel. Application for refund of state duty

Grounds for duty refund

Legislative regulations provide grounds for the return of duties to the payer. This is possible in the following cases:

• if a citizen changes his mind about filing an appeal after paying the fee;
• if the amount of payment exceeds the deduction amount established by law.

To return the duty, the payer must submit a corresponding application to the tax office at the location of the court. Along with the application, it is necessary to submit a court decision on the return of the duty, as well as a document confirming the fact of its transfer.

Section 333.40. Grounds and procedure for refund or offset of state duty

The money will be returned to the payer a maximum of one month after submitting the said application. The statute of limitations for this point is 3 years. After the expiration of the designated period, the request for a refund will not be considered, except in situations provided for by current legislative regulations.

Application for refund of state duty. Form

Sample application for refund of state duty to the tax authority. Form

Video - State duty for an appeal

Paying the state fee for an appeal and presenting a document evidencing this is one of the mandatory requirements of the law if you want to challenge the decision of the court of first instance.

The procedure and amount of payment of state duties is regulated by the procedural and tax legislation of the state. Failure to comply with his requirements will prevent you from initiating proceedings in a court of second instance.

1. Why and in what amount should I pay state fees to the courts of second instance?
2. Subjects exempt from paying duties
3. Distribution of payment between participants in the process

State duty to court

When filing claims for the division of property that is in common ownership, as well as when filing claims for the allocation of a share from the specified property, for recognition of the right to a share in the property, the amount of state duty in the general court is calculated in the following order:

When filing claims containing claims of both a property and non-property nature, the state duty established for claims of a property nature and the state duty established for claims of a non-property nature are simultaneously paid.

We recommend reading: Discount flights for pensioners

Why and in what amount should I pay state fees to the courts of second instance?

State duty is one of the types of government fees that is collected when citizens apply to various authorities with a request to perform certain legally significant actions in relation to them. This is the only payment made to the state for the provision of services.

Demanding other payments is unacceptable (the only exception is services provided by consular posts).

One of the objects for which the state charges a fee is an appeal filed in the court that made an unlawful decision.

The appeal is subject to payment in civil, administrative and arbitration proceedings.

So, how much is the state fee for an appeal?

1. The cost of filing an appeal to the arbitration court of the second instance is equal to:

This determination can be appealed privately, or you can eliminate the reason for the judicial act by paying the state fee and submitting the application again. If the complaint is resubmitted within a reasonable time, the application is considered to be accepted for the first time.

Thus, if the applicant does not have certain benefits, failure to comply with the requirement to pay the state fee will result in the complaint being abandoned. Therefore, when appealing to the appellate court, be prepared to incur certain costs.

State duty to court

• When filing a claim for divorce in court, the state fee is paid in the amount of 600 rubles.
• when filing claims arising from alimony obligations, the state fee to the court will be 150 rubles. If the court makes a decision to collect alimony, both for the maintenance of children and for the maintenance of the plaintiff, the amount of the state duty is doubled.
• if an application for a court order is filed, the applicant pays a state fee in the amount of 50% of the amount that would have to be paid when filing the corresponding statement of claim.

Plaintiffs do not pay state fees when filing claims in labor disputes; about the adoption of children; on the collection of benefits; on the collection of alimony for minor children; on compensation for harm to health; on compensation for harm by crime; on complaints against bailiffs; from illegal criminal prosecution; from demands in defense of the rights of the child; from non-property claims in defense of the rights of people with disabilities; about hospitalization in a psychiatric hospital.

Subjects exempt from paying duties

The first group of subjects includes:

• plaintiffs in cases in the field of illegal administrative decisions regarding them; in the field of wages and benefits; about alimony; on the protection of the rights of persons with disabilities; about forced hospitalization in an institution providing psychiatric care; for compensation for damage from injury, death of the breadwinner or from a criminal assault;
• parties to divorce;
• prosecutors;
• subjects who have suffered from repression, displaced persons and refugees on administrative issues related to their status;
• Rospotrebnadzor, as well as other authorities in consumer protection cases;
• persons applying for children's rights, as well as for adoption;
• Commissioner for Human Rights, state authorities and local self-government;
• authors of the fruits of intellectual activity in certain categories of cases in the field of intellectual property.

The second group of people includes:

• disabled people of group 1 or 2 filing individual appeals and complaints on behalf of associations;
• veterans of military and combat operations;
• plaintiffs about violation of their rights as consumers;
• pensioners when filing an appeal about the payment of a pension.

Distribution of payment between participants in the process

Payment of state duty is carried out in accordance with the following rules:

1. When filing a collective appeal, the state fee is paid by the plaintiffs in equal parts.
2. If one of the applicants has benefits, their share is not paid by the others. Thus, the amount of the fee is reduced by the share of the person having the benefit.
3. If the appeal is granted, the obligation to pay the fee falls on the losing party.
4. The court's act usually imposes an obligation on the defendant to reimburse the amount of the fee within ten days from the date of the decision.
5. If the claims of the complaint are partially satisfied, the amount of the state duty is divided proportionally between the parties. Let’s say that if half of the demands are satisfied, the state duty is divided in equal parts between the plaintiff and the defendant. If the fourth part of the claim is satisfied, the defendant pays ¼ of the fee.

If the applicant is confident that the decision of the court of first instance is illegal, then he can count on the defendant to return the amount of the paid state fee when revising the decision in his favor.