What Is The State Duty In Court

What Is The State Duty In Court
What Is The State Duty In Court
Anonim

Litigation costs are sometimes significant even in the absence of property claims. It is better to settle conflicts without bringing the matter to court.

What is the state duty in court
What is the state duty in court

State duty (state duty) is a fee that is paid by citizens and organizations when they apply to state bodies, including courts of various levels. Stamp duty and legal costs are legal costs.

The amount of the state duty when applying to the court is established at the federal level of Articles 333.21 and 333.22 of the Tax Code of the Russian Federation and depends on the amount of the claim. If, in the course of the consideration of the case, the claims change (up to the complete refusal of all property claims), the amount of the state duty is increased or decreased. Then the plaintiff either pays the difference, or the overpaid amount is returned to him after the end of the trial. The return procedure is spelled out in Article 333.40 of the Tax Code of the Russian Federation.

The defendant in the case is recognized as the payer of the fee if the case is not decided in his favor. The plaintiff in this case is exempted from paying the fee. If an amicable agreement is reached before the arbitration court makes a decision, the plaintiff is returned half of the paid state duty. If the settlement agreement is approved by the court or the defendant voluntarily satisfies the claims of the plaintiff after applying to the arbitration court, the paid fee is non-refundable.

The state fee can be paid at the bank's cash desk or non-cash through the current account. In the receipt for payment, as a rule, all the details are filled in and it remains only to enter the amount. Samples of how to fill in the receipt can always be found on the notice boards in the courthouse. Pay special attention to the correct filling of the receipt or payment order field for the budget classification code (BCC). The current KBK for payment of the state fee when applying to the court 18210803010011000110.

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