Details for paying the state fee when filing an appeal against the decision of the 1st Inst Arbitration Court of Moscow

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If, in your opinion, a court or other government agency made an incorrect decision in any case, you can file an appeal and defend your rights. The following categories of citizens can submit such applications:

Filling out a complaint

The legislation determines the need to pay a state fee for an appeal. But there are cases when the person who makes this complaint is completely released from the obligation to repay this fee.

Conditions for filing an appeal

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.

plaintiffs - for claims arising from labor relations, as well as for claims for the recovery of benefits;
plaintiffs - in claims for alimony;
plaintiffs - in claims for compensation for damage caused by injury or other damage to health, as well as the death of the breadwinner;
plaintiffs - in claims for compensation for property and (or) moral damage caused by the crime;
parties - when filing appeals and cassation complaints regarding claims for divorce;
parties - when submitting applications to the court for a deferment (installment plan) of execution of decisions, for changing the method or order of execution of decisions, for reversing the execution of a decision, restoring missed deadlines, reviewing a decision, ruling or ruling of the court due to newly discovered circumstances, for reviewing a decision in absentia by the court, who made this decision; complaints about the actions (inaction) of the bailiff; private complaints against court rulings;
plaintiffs - in claims for compensation for property and (or) moral damage caused as a result of criminal prosecution;
rehabilitated persons and persons recognized as victims of political repression - when addressing issues arising in connection with the application of legislation on the rehabilitation of victims of political repression, with the exception of disputes between these persons and their heirs;
forced migrants and refugees - when filing complaints about refusal of registration, petitions for recognition of them as forced migrants or refugees;
applicants - when submitting applications to the court for the adoption of a child;
plaintiffs - when considering cases to protect the rights and legitimate interests of a child;
plaintiffs - for claims of a non-property nature related to the protection of the rights and legitimate interests of disabled people;
applicants - in cases of forced hospitalization of a citizen in a psychiatric hospital and (or) forced psychiatric examination;
persons serving a sentence of imprisonment - when filing an application for the re-issuance of copies of decisions, sentences, court orders, court rulings, decisions of the presidium of a supervisory court, copies of other documents from the case issued by the court, as well as when filing an application for the issuance of duplicates executive documents;
authors of the result of intellectual activity - in claims for granting them the right to use the result of intellectual activity, the exclusive right to which belongs to another person.

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When filing an administrative claim for the 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: for individuals - 300 rubles; for organizations - 6,000 rubles.

Current data on the amount of state duty in court for 2021:

In other cases, the state fee for administrative cases will be similar to civil cases, including when filing an appeal - 150 rubles, when filing a cassation appeal in an administrative case - 150 rubles, when filing a supervisory appeal - 300 rubles.

The procedure for filing an appeal against a decision of a magistrate is practically no different from others, since all of them are subject to the Tax Code of the Russian Federation, Art. 333.19. Thus, the legislator establishes that the state duty is equal to 50% of the cost of the duty, which is determined for claims of a non-property nature. If the complaint is sent to the supervisory authority, then the amount of payment is equal to that which was paid when filing a non-property claim.

On a note! For the most advanced in technology, the fastest way will be an online application, for example, from Sberbank. You can download it to your phone or gadget, or log in through your personal account on the bank’s official website.

State fee for filing an appeal against the decision of the magistrate

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.

Name of the payment recipient: Department of the Federal Treasury for the Republic of Karelia (Inspectorate of the Federal Tax Service of Russia for the city of Petrozavodsk); INN: 1001040537; Payee account number: 40101810600000010006; Name of the bank: Branch - National Bank of the Republic of Karelia, Petrozavodsk; BIC: 048602001; Checkpoint: 100101001; KBK: 182 108 03010 011000 110; OKTMO: 86701000; Purpose of payment: State duty on cases considered in courts of general jurisdiction by magistrates.

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8.1. If an appeal is filed with the Moscow Regional Court, then the state fee must be paid according to the details of the Moscow Regional Court. These details can be found on the website of the Moscow Regional Court. Use the search.

Where can I get the details to pay the state fee for filing an appeal?

9.2. An appeal is filed through the court that made the decision. An appeal may be filed within a month from the date of the final court decision, unless other deadlines are established by the Civil Procedure Code.

Full name of the judicial government body to which the complaint is filed.
Last name, first name and patronymic of the applicant.
Place of residence of the applicant.
Information about other participants in the proceedings.
Available documents.
Articles and other bills that confirm the violation of the applicant’s rights.

Duty refund cases

There is a list that contains all cases of money being returned by courts:

If the amount of state duty exceeds the required amount of payment;
In the case where the judge refused to accept the application or complaint;
When the Supreme Court of the Russian Federation decided to leave the claims filed without consideration. The same applies to arbitration courts and general jurisdiction.

Lawyer. Education: Federal State Budgetary Educational Institution of Higher Education Udmurt State University, specialty “jurisprudence”, civil law specialization. Since 2015, lawyer on civil law issues (consulting citizens, conducting cases in courts of general jurisdiction and arbitration courts).

I think that everyone knows that in order for the court to accept the claim for consideration, it is necessary to pay a state fee. I will tell you in this article how to calculate the state fee, find out bank details and how to pay the state fee to the court.

Filling out a complaint

The legislation determines the need to pay a state fee for an appeal. But there are cases when the person who makes this complaint is completely released from the obligation to repay this fee.

Conditions for filing an appeal

Tax legislation provides for the possibility of obtaining an interest-free installment plan for payment of state duty, subject to the submission of a corresponding petition from a citizen. This possibility is guaranteed by Art. 333.20 of the Internal Revenue Code.

In order to receive an installment plan, the applicant must prove his difficult financial situation . Documentary evidence of this fact includes certificates about family composition, the amount of income, disability, copies of the work record book, certificates from the labor exchange, from the police, etc. Based on the petition, the court may grant an installment plan (then the state duty will be paid in several stages) or deferment (the deadline for payment of the state duty will be postponed).

Payment order

A receipt must be attached to the cassation appeal, which confirms that the state fee has been paid. Persons who are exempt from paying state duty attach a document justifying their assignment of preferential status.

Recognizing the absolute importance of issues of efficiency, transparency, and openness of legal proceedings in the context of large-scale judicial reform, we provide you with the opportunity to obtain up-to-date information on various aspects of our activities on the official website of the First Court of Appeal of General Jurisdiction.

Methods of paying state fees to court

It should be noted that the state fee must be paid where judicial actions will be carried out. Funds towards the duty can be transferred both in cash and in non-cash form. This right is enshrined in Section 333.18 of the Internal Revenue Code.
Payment of the court fee is confirmed by a receipt received at the place where the financial transaction was made when cash is deposited into the cash register. When money is transferred in non-cash form, the confirmation document is a payment order, which contains a note from the bank about the transaction and the debiting of money from the account.
The state duty, when going to court, is paid by both individuals and legal entities or enterprises. In this case, any person who has a power of attorney can act on behalf of the organization. In this case, a mandatory condition is the presence on the payment receipt of an inscription that the money is paid through a representative.

State duty Moscow regional court appeal details

In accordance with Art. 377 of the Civil Procedure Code of the Russian Federation (hereinafter referred to as the Civil Procedure Code of the Russian Federation), a cassation appeal is filed directly with the cassation court. On appeal rulings of regional courts, a cassation appeal is filed with the presidium of the regional court. Thus, a cassation appeal against the appeal ruling of the Moscow Regional Court is filed with the Presidium of the Moscow Regional Court.

Bank of expert opinions

The fee for filing a supervisory appeal 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.

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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:

Payment under the BCC: State duty for cases heard in courts of general jurisdiction, by magistrates (with the exception of the Supreme Court of the Russian Federation) (payment amount (recalculations, arrears and debt on the corresponding payment, including canceled ones)

Details Federal Treasury Department for the Moscow Region (Inspectorate of the Federal Tax Service of Russia for the city of Krasnogorsk, Moscow Region) payment State duty for an appeal to the Moscow Regional Court

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If the participants in the trial do not agree with the decision, they have the right to file an appeal with a request for its review. The document must be filed with the higher court before the previous decision enters into force. When filing an appeal, the state fee must be paid by the applicant in the amount prescribed by law.

Detailed description of all methods

Payment activities are carried out before the citizen submits an application, receives the service and obtains the necessary papers. Today, there are several current options for such actions:

Appeal to Sberbank of Russia . This method involves a personal appearance at the branch; payment is usually made through operators. But even with the help of special devices - Sberbank terminals - today this procedure will not be difficult. This approach will avoid standing in line. To do this, you will need to enter a list of required data, payment receipt address, type of payment amount, and details.
Post office. Many users are concerned about the question: is it possible to pay state duty at Russian Post? In fact, the answer is yes, because you can easily deposit money at the post office. To do this, you must have a receipt in hand and know the detailed details of the payment recipient. However, before starting work, you should make sure that the department actually carries out such operations.
Internet. This option for paid events is considered increasingly reliable and convenient and is gaining momentum in popularity every day. And this is not surprising, because the state creates banking and services of federal and regional importance that facilitate the implementation of the simplest actions. Since the resources are multifunctional, you can use them to perform other operations - view the status of current payments, check information on debt obligations, etc.

So we looked at where to pay the state fee, which option to choose - it’s up to you to decide. To perform this operation quickly and without problems, you must enter a certain set of information:

passport data belonging to the payer;
the address to which payment will be made;
a note on the type of state duty;
detailed information about the bank. details of the parties.

gosposhlina_appelyaciya_sud.jpg

When filing a complaint with arbitration, the amount of the fee will be calculated in accordance with paragraphs. 12 clause 1 art. 333.21 Tax Code of the Russian Federation. In this case, the amount of the claim is not taken into account - the applicant transfers 50% of the amount of the arbitration state fee for a non-property claim, amounting to 6,000 rubles. (Clause 4, Clause 1, Article 333.21 of the Tax Code of the Russian Federation). Thus, for a complaint to the appeal arbitration tribunal, both organizations and individuals will have to pay a state fee in the amount of 3,000 rubles.

State duty amount

The amount of the appeal fee in courts of general jurisdiction is established by paragraphs. 9 clause 1 art. 333.19 Tax Code of the Russian Federation. In accordance with this article, the applicant will have to pay 50% of the fee paid when filing a non-property claim, i.e. 50% from 300 rub. for individuals, and from 6,000 rubles. for legal entities (clause 3, clause 1, article 333.19 of the Tax Code of the Russian Federation). Taking into account this requirement, the state fee for filing an appeal will be as follows:

Government duty

- this is a fee levied on individuals and legal entities when they apply to state bodies, local governments, other bodies and (or) officials for the commission of legally significant actions, in particular when these persons apply to courts of general jurisdiction, arbitration courts or to justices of the peace.

Organizations transfer by payment orders; they can also report funds to an employee who indicates that he is paying on behalf of a legal entity. In this case, not only the original payment document is attached as proof of payment (this is a mandatory requirement when filing a claim), but also documents confirming the rights and issuance of funds of the representative.

State duty to court from an individual state duty calculator 2021

Paying the state fee when applying to the Moscow Arbitration Court is often accompanied by some difficulties. In order to avoid them or reduce their number, it is necessary to adhere to the established rules and take into account the features of repayment of the contribution.

11 Jun 2021 8uristgbk 16

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State fee for a court order

Expert opinion

Egorov Andrey Andreevich

Legal consultant with 10 years of experience. Specializes in family law. More than 3 years of experience in developing legal documentation.

If the applicant wishes to obtain a court order, then its cost will be exactly half of the amount of the state fee paid. You can read about this in the Tax Code of the Russian Federation, in Article 333.19, paragraph 1, subparagraph 2.

In the case when a statement of claim is filed in a court of general jurisdiction, where property claims are indicated, but the claim is not subject to assessment, then the amount of the fee is fixed, in accordance with Article 333.19 of the Tax Code of the Russian Federation, paragraph 1, subparagraph 3:

If the plaintiff is an individual, then a receipt confirming the payment of 300 rubles is included;
If the applicant is a legal entity or enterprise, then the amount of the court fee will be 6,000 rubles.

When working with the Constitutional Court of the Russian Federation, other prices apply for accepting claim documents. The amount of the court fee is recorded in the Tax Code in article number 333.23, paragraph 1. In particular, the following data is indicated here:

When a request or petition is sent to the court, you must pay 6,750 rubles;
Claims from a legal entity or enterprise must be accompanied by a receipt confirming payment of 6,750 rubles; When the application is sent from an individual, then the plaintiff must pay 450 rubles. collection

Definition of state duty, its functions

A state fee is a collection of funds that is levied on legal entities and individuals as payment for certain government services. State duty must be paid to the following organizations:

arbitration courts, standard jurisdiction, as well as magistrates' courts;
Supreme Court;
notaries;
registry office services;
bodies conducting state registration, etc.

The state contribution is paid for the following services:

consideration of conflict processes regarding property or non-property relations between the plaintiff and the defendant;
carrying out notarial activities;
registration of supporting documents of civil status;
registration of passports, residence permits;
state registration, etc.

Citizens who need to pay state fees must meet the following deadlines:

the plaintiff, when he submits his claim to the court, must pay and receive confirmation of payment of the state fee before the commencement of the claim, legal process or reminder that it must be paid;
the defendant, if the court so rules, within 10 calendar days from the date of the verdict;
at the notary before the start of notarial procedures;
in conditions when government agencies are contacted to obtain documents, the state fee must be paid at any time before the actual issuance of documents. Otherwise they will not be able to be issued to the payer;
in other cases - before submitting an application or any other legally significant documents.

Calculation of state duty.

The amount of the state duty mainly depends on the price of the claim or on the type of litigation.

The cost of the claim is the amount you collect from the debtor + legal costs (postage, lawyer costs, execution of a power of attorney, etc.). The state fee is not included in the price of the claim, although it is subject to recovery from the defendant in full.

If you collect a fixed amount from the defendant, then the state duty is calculated as follows:

*when filing an application for a court order, the amount of the state fee is 50 percent of the amount of the state fee charged when filing a claim of a property nature.

Among other things, you can calculate the state duty using a special court duty calculator: state duty calculator.

If you are planning any other type of legal dispute: a non-property dispute, divorce, challenging government decisions, collecting alimony or others, then you need to look at the list of state duty amounts in Article 333.19 of Part Two of the Tax Code of the Russian Federation or ask about it in the comments to this article.

Refund of overpaid state duty and additional payment on it

It often happens that the payer overpays the amount of duty. Because it amounts to different amounts for different services, sometimes the payer overpays on his own initiative or the mistake of a bank employee.

In order to return the overpaid amount, you must fill out a refund application. The application form must be provided by the addressee of the fee.

Documents that will need to be submitted to refund the state duty:

court decision to reduce the amount of the fee;
documentary evidence that the amount of duty should be less;
a court certificate about the process of returning the fee.

In conditions when the text of the claim changes, then, based on Part 2, Art. 92 of the Code of Civil Procedure, you must pay an additional amount of state duty. In this case, the paperwork process is stopped for the period until the additional fee is paid. The trial will begin after:

submitting to the court a receipt confirming payment of the state fee;
requesting the court and obtaining its permission to defer payment;
decisions of judicial authorities to reduce the cost of the duty.

Expert opinion

Egorov Andrey Andreevich

Legal consultant with 10 years of experience. Specializes in family law. More than 3 years of experience in developing legal documentation.

The state duty is a mandatory condition for office work. It is necessary to pay in advance, check the received supporting documents and convey to the judge information about their presence or absence.

In judicial practice, there are often cases where a small receipt from a bank for payment was lost in a package of documents. Therefore, it is necessary to staple it to any document included in the evidentiary papers.

Every person sooner or later faces paying state fees. Its payment is provided for performing various actions in government agencies: migration service, civil registry office, Rosreestr, Cadastral Chamber, traffic police, courts of all levels and other services.

Without the appropriate receipt, it is impossible to perform a legal action. You can pay the fee through banks, but often you have to stand in queues, which takes a lot of time and effort.

Remote banking services can be a good alternative. Let's figure out how to quickly pay the state fee to the court through the convenient Sberbank Online service.

Returns and data correction

Reasons for return may be as follows:

the fee was paid incorrectly;
the amount turned out to be more than required;
if the court refused to accept the complaint or claim, or they were returned for some reason;
the case was discontinued due to some circumstances;
the plaintiff abandoned the claim (this can only be done before the service is provided).

To receive a refund, the payer must personally contact the payee. Bring your passport, tax identification number, and details for duty refund (bank account).

Refunds are made upon application. This can be done within 3 years after payment.

The refund period must be confirmed with the recipient. Such payments go through the Federal Treasury, and the procedure can take a long time.

If you plan to use court services again in the near future, your payment may be credited to your next request.

If you made a mistake in the details when using banking services, you must immediately contact the bank for correction. If you are unable to contact us in the evening, call the hotline.

They will tell you what to do next. Typically all payments are collected and cleared the next business day after payment.

To adjust or cancel, the payer submits applications indicating the reasons. If the payment was made electronically in cash, the money will not be issued immediately.

Expert opinion

Egorov Andrey Andreevich

Legal consultant with 10 years of experience. Specializes in family law. More than 3 years of experience in developing legal documentation.

The return period is established by internal regulations. Refunds to the bank account from which the payment was made usually occur on the day the payment was cancelled.

The state fee to the court is a mandatory payment. State duty details can be found on the website of the court where the application is being submitted.

The rules for paying state fees are the same for the magistrate court, city (district) court, court of a constituent entity of the Russian Federation, as well as the Supreme Court of the Russian Federation.

Let's figure it out: how much to pay state fees to a court of general jurisdiction or to a magistrate when filing a claim; how to determine its size in cases of special proceedings, when appealing decisions; who has benefits in paying state fees.

For calculation it is convenient to use: State duty calculator for court

Court payment details.

In order to pay the state fee to the court, you should find out the bank details of the court to which you are applying.

If you don’t yet know which court you should file a claim in, then read about it in the article “Which court should file a claim in.”

If you know the name of the court to which you intend to file a claim, then you can find out its payment details in two simple ways:

In the court itself, but for this you need to go there. In the court office, or rather near the office, there is usually a desk or an information stand, where the details are indicated. They look like this:

You will have to copy the payment details with a pen on a piece of paper, which is not very convenient, and in general, it is not humane.

You can find out the bank details on the website of the court you need. We go to the site and if there is no direct link called “State Duty” on the main page of the court, then usually the details are located in the column on the left or right in the “Reference Information” section.

Sometimes details can be found using the “site map”. We copy, save... Print out the receipt or carefully copy it onto a piece of paper.