Costs are costs associated with legal proceedings in a particular legal dispute. Costs are allocated to interested parties depending on the outcome of the case. In cases stipulated by law, the obligation to pay funds rests with other participants in the process.
Court costs (Code of Civil Procedure, Article 114) consist of three components:
state duty, payments to the representative and costs associated with the consideration of a legal dispute.
In the first case, we are talking about the costs of copies of procedural documents and for contacting this body. The parties shall pay for claims and other statements and complaints submitted for consideration. In addition, cassation and supervisory documentation is payable.
As a general rule? legal expenses of this type are paid by the plaintiff - a natural or legal person (regardless of the legal form). Failure to pay statutory amounts entails, in accordance with the Civil Procedure Code, leaving the claim without motion.
The price of a property claim (the amount claimed by the plaintiff) determines the amount of the state duty. If during the process the amount of requested funds increases, the payment to the state treasury increases proportionally.
On court expenses in the situations established by the NKRF, exemptions apply. This includes claims in the field of labor relations, disputes about the
recovery of alimony. In addition, the law classifies in this category cases where the plaintiff is a disabled person of 1 or 2 groups and other situations.
Depending on the financial situation of the plaintiff, he may be given the opportunity to extend the deadline for payment of expenses or to make the required amount in installments.
The legal costs include:
- Payments to procedural persons such as experts, witnesses, specialists, and translators.
- Payment of accommodation and travel of parties and third parties, if the appearance at the hearing was associated with the specified costs.
- The amount that cost the search for the defendant, the enforcement of the judgment.
- Financial compensation for lost time.
- Postal and other expenses recognized by the court as payable.
The law does not contain a closed list of possible costs, providing the judge in each specific situation to resolve this issue on their own.
Legal costs associated with representation are usually closely related to the price of the claim and are determined by agreement between the principal and the defense counsel. The role of the latter today can be played not only by a lawyer, but also by any fully capable person.
The law establishes situations in which compensation of costs incurred by a party is possible. These include cases of the conclusion of a settlement agreement and a waiver of a claim.
Costs in the arbitration are levied by the party losing the dispute. Thus, this institution implements a preventive function, protecting the proceeding from groundless claims, as well as from cases in which there is no dispute about the right, and the person maliciously delays the moment of payment of the amount established by the agreement, burdening the counterparty with the need to achieve the desired in court.