State duties in courts increased
Pepeliaev Group advises that court fees are being increased and that the list of actions subject to state duty in courts is being expanded.
On 23 July 2024, the State Duma adopted Federal Law “On amendments to parts one and two of the Tax Code of the Russian Federation and individual items of Russian legislation on taxes and levies” (the “Law”) that will come into force starting from 9 September 2024.
State duties for cases being examined by state commercial courts
With the amendments coming into force, the amounts of state duties for cases being examined by state commercial courts will be considerably increased and will grow approximately 10 fold. The amounts of some of these duties will vary depending on who files the claim with the court.
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For individuals |
For companies |
|
Lawsuit of a property nature |
from RUB 10,000 to RUB 10 million |
|
|
A lawsuit of a non-property nature |
RUB 15,000 |
RUB 50,000 |
|
Lawsuit regarding a contract being entered into, amended or terminatedWithout a demand for the return of what has been performed or for an award of property |
RUB 15,000 |
RUB 50,000 |
|
Lawsuit to have a transaction declared invalidWithout a demand to have the consequences of the invalidity of a transaction applied |
RUB 15,000 |
RUB 50,000 |
|
Disputing judgments in the field of protecting the results of intellectual activity and means of identification |
RUB 10,000 |
RUB 60,000 |
|
Disputing regulatory acts that have only individual application (individual regulatory acts), decisions and actions (omissions) of state authorities and state officials |
RUB 10,000 |
RUB 50,000 |
|
Application for injunctive relief |
RUB 30,000 |
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|
Appeal, cassation appeal against a court judgment |
RUB 10,000 |
RUB 30,000 |
|
Cassation appeal |
RUB 20,000 |
RUB 50,000 |
|
Cassation appeal to the Russian Supreme Court, an appeal with respect to a ruling handed down by a judge of the Russian Supreme Court denying the referral of an appeal |
RUB 30,000 |
RUB 80,000 |
Not only does the law increase the amounts of state duties, but it also establishes state duties for actions that were not previously subject to duties in the commercial process:
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For individuals |
For companies |
|
Legal succession except universal succession |
RUB 5,000 |
RUB 25,000 |
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Having a duplicate enforcement document issued |
RUB 10,000 |
|
|
Reinstating a missed deadline for presenting an enforcement document |
RUB 10,000 |
|
|
Delay, instalments plan, changing the way and procedure of performance |
RUB 10,000 |
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|
Reversing enforcement of a judgment |
RUB 10,000 |
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|
Clarifying a court judgment |
RUB 10,000 |
|
|
Revising a judgment in view of new or newly discovered circumstances |
RUB 30,000 |
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|
Replacing or cancelling security |
RUB 30,000 |
|
The law also establishes new rules for paying the state duties in bankruptcy. For more details please follow the link.
State duty for cases to be examined by courts of general jurisdiction
The average amount of state duties charged when a person applies to courts of general jurisdiction remains lower than state duties for the same activities of state commercial courts.
At the same time, compared with the former regulation, the amount of state duties will be increased 8 fold on average, while with respect to individual actions the growth of the amount of duty is more than 45 fold (for instance, when a cassation appeal is filed with the Supreme Court).
Here is what specific state duties will be after the amendments come into force:
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|
For individuals |
For companies |
|
Lawsuit of property nature |
from RUB 4,000 to RUB 900,000 |
|
|
Lawsuit of non-property nature |
RUB 3,000 |
RUB 20,000 |
|
Lawsuit about the entering into, amending or terminating a contractWithout a demand for the return of what has been performed or for an award of property |
RUB 3,000 |
RUB 20,000 |
|
Lawsuit to have a transaction declared invalidWithout a demand to apply the consequences of invalidity of a transaction. |
RUB 3,000 |
RUB 20,000 |
|
Challenging regulatory and certain individual regulatory legal actsChallenging individual regulatory legal acts of the President, the Federation Council, the State Duma, the Government, and the Government Commission on Monitoring Foreign Investment |
RUB 4,000 |
RUB 20,000 |
|
Disputing individual regulatory legal acts, decisions and actions (omissions) of state authorities and state officials |
RUB 3,000 |
RUB 15,000 |
|
Appeal, cassation appeal to a court judgment |
RUB 3,000 |
RUB 15,000 |
|
Cassation appeal |
RUB 5,000 |
RUB 20,000 |
|
Cassation appeal to the Russian Supreme Court, an appeal with respect to a ruling handed down by a judge of the Russian Supreme Court denying the review of an appeal |
RUB 7,000 |
RUB 25,000 |
New duties in the civil process:
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For individuals |
For companies |
|
Legal succession (except universal succession) |
RUB 2,000 |
RUB 15,000 |
|
Reviewing a judgment handed down in absentia |
RUB 1,500 |
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|
Having a duplicate enforcement document issued |
RUB 1,500 |
|
|
Reinstating a missed deadline for presenting an enforcement document |
RUB 3,000 |
|
|
Delay, instalments plan, changing the way and procedure of performance |
RUB 3,000 |
|
|
Reversing the enforcement of a judgment |
RUB 3,000 |
|
|
Clarifying a judgment |
RUB 3,000 |
|
|
Revising a judgment in view of new or newly discovered circumstances |
RUB 10,000 |
|
|
Securing a lawsuitApart from granting provisional remedies to protect copyright and related rights in the Internet |
RUB 10,000 |
|
|
Replacing or cancelling provisional remedies |
RUB 10,000 |
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|
Reviewing a private complaint |
RUB 3,000 |
RUB 15,000 |
The amendments described are introduced with a view to readjusting the amount of state duties. Based on the assessment of the Supreme Court, the adopted amendments will be instrumental in stimulating the peaceful settlement of disputes and in improving the quality of justice while keeping it equally accessible for everyone.
What to think about and what to do
The growth of state duties will inevitably result in the growth of judicial expenses; therefore, we recommend paying special attention to a prior assessment of the prospects of a dispute.
If, at present, there is a low-intensity conflict, then in view of the state duties rising, it would possibly be prudent not to waste time and go to court.
It should also be borne in mind that there are alternative ways of settling disputes.
For instance, the increased duties in certain situations were higher than the levies charged by arbitral tribunals / arbitration courts. Bearing this in mind, when contractual conditions are formed it could be prudent to make a stipulation that disputes can be resolved in this way (either as the only way or as an alternative to state courts at the choice of the party).
In the initial period after the amendments come into force, we recommend determining by yourself the state duty based on the version of the Tax Code that is currently in force. According to our assessment, if the duty is calculated with the use of calculators on courts’ official websites, this may give rise to mistakes, owing to courts’ databases not being updated in due time.
Help from your adviser
Pepeliaev Group's experts are ready to provide the legal support needed on all contentious matters.
The Dispute Resolution and Mediation Practice has extensive experience in handling court disputes.
We are also ready to advise and support our clients at the stage of developing contractual terms and conditions, including in determining the best way of resolving possible conflicts.Download PDF