If you need to go to court with a lawsuit, you should know that some categories of cases are considered by judges for free, and some need to pay a state fee. What is the state duty to the court, how are the calculations made, what is the sum of the claim made of, what categories of citizens belong to beneficiaries for payment, where and how to pay the state fee?
What is state duty?
State duty is a fee sent to the budget of a country, which must be paid by a citizen who addresses authorized bodies (state, local government or otherwise) that perform certain functions and legal actions established by law.
The state duty is paid for the actions of such bodies as:
judicial plots (justices of the peace);
courts of general jurisdiction and arbitration;
supreme judicial bodies (Supreme and Constitutional courts);
notaries;
registry offices;
migration services;
other state and municipal authorities.
Calculation of the amount paid
In order to correctly calculate the size of the state duty, you need to know the exact amount and nature of the claim (for example, the payment of alimony or redress). After that, you should refer to the calculations established by law (at the moment).
There are two types of payment of state fees :
The amount of state duty in court is established by the Tax Code of the Russian Federation (Chapter 25.3 of the Tax Code) and is the same for all regions.
What is the sum of the claim made up of?
It would seem that there can be nothing complicated in calculating the price of a claim . Most often, we know exactly the amount we want to demand from the defendant. But why, then, do many plaintiffs turn to lawyers for advice on drafting, calculating the price of a statement of claim, and calculating the state fee? Why is accurate calculation and correctly paid state duty so necessary?
A lawsuit is filed only with a full and clear (up to a penny) calculation of the required amount and, accordingly, correctly paid state duty, otherwise the case can be suspended to correct all errors in the calculations.
The amount of the claim includes:
value of property required;
accrued penalty, interest and fines;
expenses of the plaintiff in the exercise of his rights (for example, payment for drawing up a statement of claim or for the services of a lawyer);
compensation for non-pecuniary damage.
A simple example: under a supply contract, the defendant owes 250,000 rubles. During the delay, in accordance with the previously concluded agreement, a penalty was charged in the amount of 5,000 rubles. In addition, the plaintiff spent 1,000 rubles, having paid for the preparation of a statement of claim to a hired lawyer, and 5,000 rubles for the provision of services in court. Total amount of the claim amounted to: 250,000 + 5,000 + 1,000 + 5,000 = 261,000 rubles.
State duty to the court of general jurisdiction, magistrates' courts and the Supreme Court
Such a fee is calculated in accordance with Art. 333.19 of the Tax Code of the Russian Federation. If it is possible to establish the price of the disputed property, the state duty price shall be:
| Cost of claim, rub. | State duty |
| up to 20,000 | 4% of the amount, the minimum amount of 400 rubles. |
| from 20 000 | 800 rub + 3% of the amount indicated in the left column |
| from 100 000 | 3 200 rub. + 2% of the amount indicated in the left column |
| from 200 000 | 5 200 rub. + 1% of the amount indicated in the left column |
| from 1,000,000 | 13 200 rub. + 0.5% of the amount indicated in the left column, while the maximum possible size of the paid state duty is 60,000 rubles. |
A lawsuit for a court order is paid in the amount of 50% of the amount calculated according to the formula for setting the price of a property dispute.
Fixed state duty in magistrates' courts, courts of general jurisdiction and the Supreme Court
In addition to settlement, there are constant (fixed) amounts of payment of state duty for claims:
full or partial challenge of normative acts and documents of bodies and officials of state / municipal authorities and local governments - 200 rubles. for physical and 3,000 rubles. for legal entities;
on the full invalidation of non-normative legal acts, documents and decisions of the above persons, as well as their actions or inaction - 200 rubles. for individuals, 2,000 for legal entities;
to recover child support - 100 rubles;
about collecting child support for the child and the plaintiff - 200 rubles .;
in cases of special proceedings, on securing a claim by an arbitration court - 200 rubles .;
divorce - 400 rubles .;
on receipt of a writ of execution or on cancellation of a court decision - 1,500 rubles .;
on the award of compensation for violations of rights and freedoms in a judicial or post-judicial (enforcement of a judgment) process - 200 rubles. for individuals and 4,000 for legal entities.
property claims not subject to assessment, non-property claims, supervisory complaints - 200 rubles. for physical and 400 rubles. for legal entities;
appeals and cassations - 50% of the state duty calculated by the amount of the non-property claim.
State duty to the Supreme Court of the Russian Federation, arbitration courts
The state duty to the arbitration court and the Supreme Court of Arbitration is calculated in accordance with Art. 333.22 of the Tax Code of the Russian Federation in the following parameters:
| Cost of claim, rub. | State duty |
| up to 100,000 | 4% of the amount, the minimum amount of 2000 rubles. |
| from 100 000 | 4 000 rub. + 3% of the amount indicated in the left column |
| from 200 000 | 7 000 rub. + 2% of the amount indicated in the left column |
| from 1,000,000 | 23 000 rub. + 1% of the amount indicated in the left column |
| from 2,000,000 | 33 000 rub. + 0.5% of the amount indicated in the left column, while the maximum possible size of the paid state duty is 200,000 rubles. |
Fixed state duty to the Supreme Court, arbitration courts
The fixed state duty to the arbitration court for various claims is:
in disputes related to the conclusion, amendment or termination of contracts and invalidation of transactions - 4,000 rubles;
when contesting normative acts and documents of bodies and officials of state / municipal authorities and local self-government regarding the protection of rights and results of intellectual activity, as well as invalidating non-normative legal acts, documents and decisions, actions and inaction of the above persons - 200 rubles. for individuals and 2,000 for legal entities;
in claims establishing facts of legal significance, in applications for the issuance of a writ of execution, for securing a claim, for canceling a court decision, for enforcing a decision of foreign courts - 2,000 rubles .;
in other claims of a non-property nature (recognition of the right, performance in kind), when filing a claim for declaring the debtor bankrupt - 4,000 rubles;
appeals, cassation, supervisory complaints, claims for termination (leaving without motion or consideration) of the judicial proceedings - 50% of the amount of state duty when filing a claim of a non-property nature;
in a claim for compensation for violations of rights and freedoms in legal proceedings or after it - 200 rubles. for individuals and 4,000 for legal entities.
Benefits for individuals
The state duty to the court is not paid by the following persons:
Authors of cultural property (in claims for the export of copyright works).
Heroes of the USSR, heroes of the Russian Federation, gentlemen of the Order of Glory.
Participants and disabled WWII.
Persons with disabilities of groups I and II (state duty is not paid to the district court, world and general jurisdiction).
Plaintiffs in the following lawsuits and applications:
- on the recovery of wages, allowances or other monetary content;
- according to the requirements arising from labor relations;
- on recovery of alimony;
- on the protection of the rights and freedoms of the child;
- on adoption or adoption;
- on compensation for harm to health (including the death of the breadwinner);
- on compensation for moral and property damage, on the restoration of rights and freedoms violated as a result of criminal prosecution;
- on compensation for moral or property damage caused by a crime established by a court;
- on the restoration of rights and freedoms to persons affected by political repression, as well as to rehabilitated citizens;
- on the postponement, changing the method and order of execution of decisions;
- on the revision of the decision;
- on review of the case, if new important circumstances are discovered;
- on the restoration of deadlines missed for objective reasons;
- on complaints about decisions on administrative cases;
- on complaints about the actions of the bailiff;
- on private complaints about the court ruling;
- on cassation appeals in criminal cases, which are in dispute with the property damage caused by a crime.
- Plaintiffs and defendants in filing appeals and cassations in divorce cases.
All these persons are exempted from paying state duty in cases where the amount of the claim does not exceed 1 million rubles. If this amount is exceeded, payment is made in accordance with the usual calculations above, but 1 million rubles is not taken into account in the calculation.
Apart from invalids of the I and II groups, veterans of military operations and military service, plaintiffs for the protection of consumer rights and pensioners in cases related to pension provision are also exempted from paying state duties to justices of the peace and in courts of general jurisdiction, except for disabled people of I and II groups.
In addition, there are a large number of legal entities and organizations, for certain claims of which the payment of state duty in court is not made.
Payment order
The state fee is paid until the claim is filed in court in full.
If several plaintiffs file a statement of claim, the fee is divided between them in equal shares.
If there are those among the plaintiffs who are exempted from paying the state duty, its share does not apply to other persons, but reduces the amount of payment to this share.
Please note that the state duty is paid to the court with an accurate calculation of up to a penny.
Where to pay state duty?
First of all, you need to take the details of the institution to which you must pay the state fee. To do this, you need to understand which court you will appeal to.
Ordinary claims are filed with the district court or magistrate (depending on the amount of the claim) at the defendant's place of residence / stay.
Appeals - in the same court or court, whose decision is appealed.
Cassation appeals against a decision, order or ruling of a court of first or second instance - to a higher court.
Details can be obtained directly in court (on the information stand, at the secretary) or on the official website of the court. You must do the calculation of the state fee to the court yourself, according to the current legislation.
After receiving the details, you must contact any bank for payment. Currently, there is a convenient system of payments through terminals or online in your account. All major banks of the country provide state duty payment service. To do this, it is enough to know the name of the court or judicial section, the essence of your claim (name of the claim) and the exact amount needed for the transfer.
What documents may a court require?
When applying to the court, you must provide the original receipt of payment of state duty. This can be a payment order from a bank or a terminal check. If you paid the state fee via the Internet, you need to contact your bank and seal your payment (or receive an original payment order).
Please note - copies of receipts in court are not needed and are not taken into account, you must provide the original. The state duty to the court is paid by a large number of people, often the amounts are the same, and no one will look for your money among many such. Make a copy for yourself, in case of loss it will be easier for you to restore the necessary documents.
If several plaintiffs file a lawsuit, and one (or several) of them is exempted from paying state duty, along with receipts of other participants in the proceedings, it is necessary to provide documents confirming the right to benefit.