When the settlement agreement is approved by the arbitration court, the state duty is paid by the plaintiff in the general manner, but half of its amount is subject to return to the plaintiff. If the settlement agreement is approved in a court of general jurisdiction, then the state duty paid by the plaintiff is not refunded.
The achievement by the parties to the litigation of an amicable agreement is one of the grounds for completing the consideration of the case in arbitration courts, courts of general jurisdiction (magistrates, district). One of the topical issues for the plaintiff in such a situation is the distribution of the state fee, since when the initial claim was made, it was paid in accordance with the general procedure. Regardless of the type of judicial body, procedural legislation gives the parties the right to agree on the distribution of state duty costs in the amicable agreement itself. For example, in the specified document, it is possible to secure the obligation of the defendant to pay the plaintiff half of the amount spent on the fee, to develop other rules. Once approved by the judicial authority, such an agreement becomes binding on the parties. If no agreement has been reached, then the general rules for the distribution of state duty costs apply.
State duty upon approval of an amicable agreement in an arbitration court
If the case was considered in an arbitration court and the parties agreed to terminate it by concluding an amicable agreement, then the plaintiff can count on the return of half of the paid fee. The only condition is the approval of this agreement before the decision is made on the case, since the rule on the return of half of the amount paid does not apply in cases where the parties reach an agreement already at the stage of enforcement proceedings. To receive funds, the plaintiff must apply to the tax office at the location of the court with a corresponding statement, to which a judicial act and a document confirming the payment of a certain amount as a duty are attached.
State duty when approving a settlement agreement in a court of general jurisdiction
If an amicable agreement is reached during the consideration of a case between ordinary citizens in a magistrate or district court, then the legislation requires the parties to independently resolve the issue of the distribution of costs in the text of this agreement. In this case, no special rules on the return of part of the fee from the budget apply, therefore the plaintiff cannot apply with a corresponding claim.
In other words, in the absence of conditions on the distribution of the fee in the text of the agreement, the plaintiff will simply incur the costs of paying it in accordance with the general procedure. The parties in the text of the settlement agreement in this case often provide for the obligation of the defendant to pay in favor of the plaintiff half of the amount of the fee.
