Fixed and “floating” amounts of state duty
The amount of payment of the state fee to the court is determined by the reason for the application - from the application to the claim. It is also influenced by the requirements presented - material or not, and the possibility of assessing them. Therefore, payment can be fixed or non-fixed. The amounts are prescribed for litigation in courts of general jurisdiction, magistrates and arbitration.
In addition to strictly fixed duties, there are also “floating” ones. When applying to a court of general jurisdiction or a magistrate, the applicant himself finds out the amount - in accordance with Article 333.20. If the plaintiff was unable to correctly calculate the price or cannot determine the size, the court indicates it independently, but at the same time leaves your statement of claim without progress with the requirement to eliminate the shortcomings by paying an additional fee to the court.
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Deadline for filing and consideration of an appeal
The reading of the final decision by the judge is considered the moment from which the deadline for filing a challenge begins to count. In detail, how to draw up an appeal, the procedure for sending and filing it is regulated by Chapter. 34 APK, ch. 39 Code of Civil Procedure of the Russian Federation.
Time limits after which the judge’s decision comes into force and during which an appeal can be filed:
- For sentences in criminal proceedings - 10 days.
- The period for challenging a decision in administrative and arbitration proceedings is 30 days.
The legislation defines separate deadlines for appealing decisions related to cases of violation of electoral rights, deportation of foreign citizens, and forced referral of a person for treatment. For such categories of administrative cases, the appeal period is 10 days.
It is important to take into account that the period given for appeal is reduced to 15 days, during which the disagreeing party has the right to file an appeal. If an administrative or civil case was considered in a court of first instance according to a simplified procedure, without the involvement of witnesses, experts, defense and prosecution.
The period for filing an appeal can be extended if any party to the proceeding has missed the deadline within which it was required to file the complaint. According to Plenary Resolution No. 13 of the Supreme Court of the Russian Federation dated June 19, 2012, she has the right to appeal to the court that announced the decision with a written request to extend the period for filing an appeal.
A party’s request to restore the time limit can be made either in a separate statement or contained directly in the appeal itself.
If a request for an extension of time is drawn up in a separate application, a challenge is also sent along with it; a separate application with a request for an extension of time is not considered.
The appellate court is legally given 60 days to substantively consider the appeal and announce the result. You can file an appeal without any restrictions, but the court will only consider the first direction, the remaining appeals will be rejected with the appropriate submission.
If during the process new facts and circumstances are discovered that can fundamentally influence the court’s conclusion, the interested party can send additions to the court.
What affects the amount?
The fee is influenced by where the person applied - to which court his claim was sent. When the claim contains both property and non-property areas, both are paid. The rule applies to appeals to courts of general jurisdiction and arbitration courts. The price of the claim, according to which the state duty is charged, is determined by the plaintiff. When a counterclaim is filed, payment is determined according to the same rules that apply to the original claim. By decision of a court of general jurisdiction or a magistrate, a person may not pay the fee. This decision is made if a person’s financial situation leaves much to be desired. Our lawyers are ready to help you both in calculating the duty and solving problems of reducing its amount or deferring its payment (read more about the question of how to reduce the state duty when filing a claim using the link).
State duty on property disputes
The state fee for property disputes is proportional to the cost of the claim. The interest rate, depending on the amount of the claim, can range from 0.5 to 4%. The higher the value of the claim, the lower the interest rate. To receive a calculation of the state duty, you just need to enter into the calculator information about the amount of the claim and that the dispute is property.
| Cost of claim (RUB) | Amount of state fee to the arbitration court (RUB) |
| up to 100,000 | 4% of the claim price (not less than 2000) |
| from 100,001 to 200,000 | 4,000 + 3% of amount exceeding 100,000 |
| from 200,001 to 1,000,000 | 7,000 + 2% of amount exceeding 200,000 |
| from 1,000,001 to 2,000,000 | 23,000 + 1% of the amount exceeding 1,000,000 |
| over 2,000,000 | 33,000 + 0.5% of the amount exceeding 2,000,000 (not more than 200,000) |
Example: When filing a claim for a penalty in the amount of 3,650,000 rubles, the amount of the state duty will be calculated as follows: GP = 33,000 + (3,650,000 – 2,000,000) * 0.5 / 100 = 41,250
Read more about the services of a lawyer in arbitration cases on the page - Arbitration lawyer .
Appeal against a district court decision: prices and sample
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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).
Grounds for duty refund
Grounds for refund of duties
Legislative regulations provide grounds for refund 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
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.
| Conditions for refund of state duty (partially or in full) | When the state duty is not refunded |
| payment of state duty in a larger amount | when the defendant voluntarily satisfies the plaintiff’s demands after the latter applies to the arbitration court and a ruling is made to accept the statement of claim for proceedings, as well as when a settlement agreement is approved by a court of general jurisdiction for a significant action |
| termination of proceedings in a case or leaving a statement of claim without consideration by a court of general jurisdiction or an arbitration court | |
| refusal of persons who have paid the state duty to perform an action before contacting the authorized body performing this legally significant action | |
| If a settlement agreement is concluded before the arbitration court makes a decision, 50 percent of the amount of the state duty paid by him shall be returned to the plaintiff. This provision does not apply if the settlement agreement is concluded in the process of executing a judicial act of the arbitration court | |
| return of an application, complaint or other appeal or refusal to accept it by the courts. If the state duty is not returned, its amount is counted towards payment of the state duty when filing a claim again, unless the three-year period has expired from the date of the previous decision and the original document on payment of the state duty is attached to the repeated claim |
Application for refund of state duty. Form
Application for refund of state duty
Sample application for refund of state duty to the tax authority. Form
Sample application for refund of state duty to the tax authority
Addendum to the appeal
If the appeal process is initiated due to new circumstances, the applicant petitions the court to include new documents in the trial.
The addition to the appeal in a civil case is attached to the case materials after a written statement from the interested party. These can be legal documents, receipts, witness statements, etc.
The appeal hearing is aimed primarily at restoring the rule of law and justice. It should be borne in mind that the requirements of the law may not correspond to the parties’ personal ideas about fairness. As practice shows, legal challenges help to avoid lawsuits and administrative liability in most controversial situations.
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.
This is important to know: Time limit for consideration of a claim in a civil case in the Magistrates' Court
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.
Expert opinion
Zakharov Viktor Yurievich
Practicing lawyer with 8 years of experience. Specialization: family law. Recognized legal expert.
Who should pay the fee?
Section 333.36.
Benefits when applying to the Supreme Court of the Russian Federation, courts of general jurisdiction, magistrates 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
