In civil proceedings, litigation costs are the amount of money paid by individuals seeking judicial assistance. In a broad sense, the concept is a fee for the activity as a whole and individual actions. Separate actions can be performed by court bodies or private individuals who perform judicial duties. Also, the concept involves spending on doing business - hiring an attorney.
Court fees and case dues are paid in advance. Payment is made by the party that requires a procedural action. If two parties come forward with a demand, then the legal costs are paid by them equally.
The decision provides for the determination of the opponent who should be rewarded for conducting the process. When a decision is made, the party that will reimburse the court costs to the other party is also established. The amount of expenses is determined in accordance with the data provided during the process. If it is not possible to establish when making a decision, the defensible party has the right to seek the amount in an executive order.
Legal costs are established in accordance with the principle of “retribution” in modern civil proceedings. The state, ensuring the protection and protection of civil rights, charges a fee for its services.
It should be noted that in antiquity in Russia (as in Western countries) the court was considered one of the most profitable articles of power. So, sending their representatives to collect certain income in the region, the princes charged officials with reprisal as an integral part of the income. The fees came in favor of the prince or the messengers themselves.
The judgment determined various penalties. So, the higher the person who resolved the dispute, the more was the expense. In this case, the costs of the accused paid in favor of the court and the winning party.
Before the publication of the first criminal, three types of fees were used. So, fees were collected for a call to court, "field" and the world deal. With the introduction of the court, about eleven types of fees were established. Each instance had its own duties. Recovery was carried out after the process. However, for the duration of the judicial proceedings, those in litigation were bailed. During the reign of Tsar Boris, all fees were turned to the treasury. The judges were given the right to accept voluntary offerings.
During the laying period, the fees constituted a special system. So, duties were introduced in favor of the office and the courts, as well as sovereign duties (in favor of the treasury).
In pre-reform Russia, four types of fees were established. These were:
- Fees for petitions brought to the courts.
- Amounts for postponing appeal proceedings to higher authorities and fines for wrongful complaints and claims. Part of the fines appealed in favor of the court that decided the case, part - in the direction of the order (institution) of public charity. Carrying charges were made solely as a pledge of a right appeal (similar to today's cassation pledge) and, if recognized as a right appeal, returned.
- Money for the article.
- Stamp duty.
According to the Code of 1857, expenses were recovered in any case from the side that was recognized as wrong. Thus, the losing side rewarded the opponent for all losses and expenses, regardless of the penalties that were made at the request of the acquitted. Old processes involved doing business on plain paper. But at the end of the proceedings, stamp duties were collected for all used paper. Subsequently, the Charter abolished this fee. Fines for filing rejected claims were later abolished.