State duty in courts of general jurisdiction: sizes and calculation procedure

When applying to the court, it is customary to pay a state fee. This is the legal cost required to review the case. Moreover, its size may be different depending on various factors, which is fixed in the law. The state fee in courts of general jurisdiction is described in the article.

Who pays

State duty payers are considered to be all those who carry out and register legally significant facts. These include individuals and legal entities, as well as individual entrepreneurs.

They are payers in the following situations:

1. Contact the authorities to register important facts.
2. They are considered plaintiffs in cases heard in courts of all jurisdictions.
3. Recognized by the defendants. A fee is made if the court decides in favor of the plaintiff.

Payment of state duties by the regional tax authorities is monitored: they check registry offices, notaries, courts and other institutions that charge citizens fees. The Ministry of Finance of the Russian Federation establishes the procedure by which all government agencies provide reports on all operations. According to the information, the tax authorities check the accrual of duties and the timeliness of their payment.

The state duty is considered a budget replenishment tool. This is a tax contribution that citizens and organizations pay for legal actions. Its size and payment rules are established by the Tax Code. This document contains a list of actions for which a state duty is paid. Preferential categories of citizens are also indicated there . The funds are used in the state budget.

Cost of claim

State duty is the fee paid by the plaintiff with the filing of a claim. In some cases, when writing an application, this payment is not necessary. And sometimes there is a delay or installment plan for the payment of this fee.

The value of the claim determines the amount of state duty. The price of the application depends on the type and amount of claims that the plaintiff makes to the defendant. Funds are paid before the consideration of the case.

Amount

The amount of the contribution is determined by part 1 of article 333.19 of the Tax Code. The state duty in the courts of general jurisdiction, the RF Armed Forces and magistrates is established according to the following provisions of the law:

1. Property claims under assessment:
   • If the price of claims is up to 20 thousand rubles, then the fee will be 4%.
   • With the amount of 20,001-100,000 rubles - 800 rubles + 3%.
   • From 10,0001 to 200,000 rubles. - 3200 rub. + 2%.
   • At 200001-1 million rubles. - 5200 rub. + 1%.
   • From 1 million rubles. - 13,200 rubles + 0.5%.
2. In a property claim, 50% is charged.
3. For property claims for which no valuation is required and non-property from individuals, the fee is 300 rubles.
4. For supervisory complaints you need to pay as much as is required in a non-property claim.
5. Divorce costs 600 rubles.
6. For challenging documentation, the fee is 300 rubles.
7. If you want to recognize a non-normative legal act invalid or decisions of state. bodies illegal, then the fee will be 300 rubles.
8. When filing a lawsuit in special cases, the fee will be 300 rubles.
9. The state duty on appeals to a court of general jurisdiction is 50% of the fee, which is paid upon filing a non-property claim. The same applies to cassation complaints.
10. Issuance of a writ of execution - 2250 rubles.
11. Recovery of alimony - 150 rubles.

The size of the state fee in courts of general jurisdiction is different, it all depends on the type of claim. Therefore, the reason why the application is filed should be considered. In each case, it is necessary to separately calculate the state fee to the court of general jurisdiction.

How to find out the amount

The calculation of the state fee in a court of general jurisdiction can be performed on the website of the judicial authority, in which it is planned to file a claim. Most organizations place calculators on their resources to determine the amount of the fee.

Using this service is easy, everyone can do it. In order to accurately establish the amount of state duty in courts of general jurisdiction, it is necessary to indicate the value of the claim and the nature of the application. After confirming the request, the result will be issued.

District Court

The fee to the district court is established on the basis of tax rules. The calculation can be performed on the site where you plan to contact. It is important to indicate:

1. The name of the organization where the case will be considered.
2. Type of claim.
3. Claimant status.

As a result, the person receives the amount that he needs to pay before considering his case.

Magistrate's Court

Calculation of the fee to the magistrates' court is also carried out thanks to portals of magistrates. Its amount will be established after indicating the following data:

1. The name of the organization that accepts the application.
2. The plot number.
3. Type of claim.
4. Claimant status.

The main nuance of determining the amount is the cost of the claim, established by the norms of the law. For example, according to statements of ownership of real estate, the price of the object, and therefore the price of the claim, is set by market valuation or by technical inventory bodies. In claims for alimony, the value of the claim is the amount of the maintenance payments per year. For claims on debt collection, the lawsuit will have a price on debt for a maximum of 3 years.

Payment options

Payment of the state fee in courts of general jurisdiction is made before the presentation of the statement of claim. According to Art. 132 Code of Civil Procedure of the Russian Federation, the plaintiff is required to provide a receipt with the claim. Otherwise, the application will not be accepted.

Deposit is cash or cashless. The second method is confirmed using a payment order, including a bank note. With the payment of the state fee in courts of general jurisdiction in cash, you must have a receipt of a banking institution with you. It is possible to deposit funds using data from the State Information System.

What is in the receipt

The receipt of the payment of the state fee to the court of general jurisdiction is considered a distributed paper, which confirms the payment of funds. The document contains:

1. Index.
2. Name, address, TIN.
3. Amount.
4. Beneficiary bank details.
5. TIN, PPC of the recipient.
6. OKTMO.
7. The date.

A document executed in the bank is signed by its employee. Only then is it valid.

Deferral and installment plan

According to Art. 90 Code of Civil Procedure of the Russian Federation granted deferment and installment payment of collection. The first option of benefits involves the postponement of the lump sum payment. Installment plan is a phased deposit of funds.

According to Part 1 of Art. 333.41 of the Tax Code of the Russian Federation deferrals and installments are executed for a period of up to 1 year. Interest on this fee is not charged.

Surcharge

According to Part 2 of Art. 92 Code of Civil Procedure of the Russian Federation additional payment of the duty is necessary with an increase in the size of claims. The case will begin to be considered after:

1. The plaintiff will provide evidence of the fee.
2. The issue of deferral or installment plan will be resolved.
3. Judicial authorities will reduce the fee.

Refund

The refund of the funds paid for the collection is carried out on the grounds specified in Art. 333.40 of the Tax Code of the Russian Federation. The grounds for full or partial refund include:

1. Making extra money.
2. Refund statement.
3. Refusal of the court to accept the claim.
4. If the application is left without consideration.
5. Termination of business.

Refunds are made upon request. Funds are transferred no later than a month from the date of receipt of the application. It is necessary to prepare payment documents that confirm the fact of making a fee. If part of the funds is returned, then you can prepare copies of the papers. In addition to the receipt, a court decision, court rulings, and certificates are required.

Who does not need to pay

According to Art. 89 Code of Civil Procedure of the Russian Federation, some citizens are granted benefits. The law has a list of people who do not need to pay state fees. These categories of citizens include:

1. Heroes of the USSR and the Russian Federation.
2. Knights of the Order of Glory.
3. Participants and disabled WWII.
4. Plaintiffs applying for salary, alimony, compensation for health damage.
5. Persons who file appeals and cassation appeals in a divorce case.
6. Citizens complaining about acts of bailiffs, administrative offenses, adoption.
7. Rehabilitated persons.
8. Citizens who are affected by political repression.
9. Forced migrants.
10. Refugees
11. Disabled 1,2 groups.
12. WWII veterans.
13. Senior citizens.

Individuals who wish to file a claim must deposit funds in advance. This requirement is considered mandatory for all citizens who are not included in the preferential category under tax law.