State duty in court for the filing of the claim - this is a mandatory cash collection, which will have to pay when contacting judicial authorities. It is paid in the sizes established by Tax Code.
And the question arises: what duty to pay when applying for a claim? Based on the property of the payer, the judge has the right to release him from paying state duty, reduce its size, delay or build payment. And in some cases, the law and freely relieves a person from such a cash collection, as the state name in court for filing a claim when applying for the protection of their rights. Now we will deal with everything.
Sizes of state duty in court
The state duty for filing a claim to the court of general jurisdiction or the world is paid in the amount that depends on the type of claim.
When submitting a claim property Character Payment size - from 400 to 60,000 rubles. It all depends on the price of the claim itself:
- up to 20,000 - 4 percent of the price of the claim (but not less than 400 rubles);
- from 20 001 to 100,000 exactly 800 rubles plus 3 percent of the amount exceeding 20 thousand;
- from 100 001 to 200,000 - 3,200 rubles plus 2 percent of the amount exceeding 100 thousand;
- from 200 001 to a million - 5,200 rubles plus 1 percent of the amount exceeding 200 thousand;
- over a million - 13 thousand 200 rubles plus 0.5 percent of the amount exceeding a million, but not more than 60 thousand.
If you are serving non-property lawsuitThe state duty for citizens will be 300 rubles, and at - 600.
IMPORTANT!Arbitration courts do not belong to the courts of general jurisdiction, so when contacting these judicial bodies, another procedure for calculating payments is applied. And as a result, the final amount of spending spending, consider as "costs of claims plus duty" (we are talking about legal aid to compile the necessary documents).
How to calculate the duty on the claim
If you are inserted with a claim that contains the requirements of both property and non-property character (for example, ask to recognize you and eliminate obstacles to them), you will have to simultaneously pay the relying amount and on property, and at the non-property requirement.
To correctly calculate the size of the state duty to submit a statement to the court, it is more convenient to use a special calculator, for example, this: https://pravorub.ru/help/gosposhlina/ So you can understand what kind of state duty for a lawsuit awaits you in this or otherwise.
If you all do not know exactly the size of the duty for the statement of claim in court, do not beware. Having established that a document on the payment of state duty is not attached to your claim, or it is paid in a smaller amount, the judge simply leaves your application without movement and will set the time to eliminate the shortcomings. In the definition you receive, the state duty will be indicated for a lawsuit, its size and details for payment.
How to pay
You can pay in any convenient way: through the bank's cash register, through payment terminal Or taking advantage of Internet banking. Also in many premium places have special payment terminals.
How to return the state duty for the statement of claim
The party in favor of which the decision was made, the judge awards compensation for all costs incurred in the case, including the paid duty. To do this, you should indicate the recovery of it from the defendant in the lawsuit itself, or submit a separate statement after the decision to decide on force.
If you have not figured out at the preparation stage, how much to pay the state duty to court to the statement of claim, and paid more than it followed - an overlapped amount will also be returned. In your written demand The judge will definition about the return with which you go to the tax authority.
In the same order, the return of state duty occurs and the return of state duty - for example, when the plaintiff who did not seek about the proceedings of the case in his absence, did not appear to the meeting on the secondary call, and the defendant does not require the consideration of the case on the merits.
Who is released from paying
The law provides cases where the state duty for the statement of claim in court is not paid at all. This happens in the following cases:
- for recovery wages and other requirements arising from;
- when;
- on damage to the damage to the damage to the property or compensation moral harmcaused by a crime;
- on issues related to the protection of consumer rights (at the price of a suit of up to 1 million rubles).
Also do not pay a fee of disabled people I and II groups, pensioners - on claims Pension Fund and others pension issues; Veterans of hostilities and military service - When protecting rights to veteran benefits.
Instructions for the use of the state duty calculator to the court of general jurisdiction
- Select the purpose of contacting the Court of General Jurisdiction, depending on your situation.
- If necessary, enter the amount of claims, or specify, the application is applied from a physical or legal person.
- The final amount of state duty will automatically be presented on the screen.
About calculator
The way to resolve disputes by circulation in judicial instances It becomes very common among Russians. The application of the claim is necessarily accompanied by payment of state dresses, the dimensions of which are governed by several legislative acts, in which it is quite difficult to figure out.
The state duty calculator in the courts of general jurisdiction is able to significantly facilitate the task of the claimant to establish a specific amount that he should be paid as a state duty.
Combill payment
Types of state duty are divided depending on the type of claim.
In addition to the statement of state duty, intermediate procedural actions are paid during the consideration of the case.
In accordance with the Code of Civil Procedure of the Russian Federation and the Tax Code of the Russian Federation, the payment of state duty is required condition When contacting the judicial authorities. The exceptions in this rule accounts for the category of lawsuits and plaintiffs, which legally released from the payment of state duty. All these categories will be shown below.
The consequences of non-payment of state duty
The claim to which the receipt will not be attached about the payment of state duty will be returned to the plaintiff without consideration. Alternatively, the plaintiff will be given a deadline for payment. A non-payment of the state duty in the court established by the court will entail the refund of the claim to the plaintiff.
Benefits on Claims and Applications
Do not require payment of state duty claims and statements relating to:
- labor disputes;
- adoption issues (adoption);
- requirements for the recovery of alimony and means for maintenance;
- claims related to compensation for damage from harm to the health caused by the defendant;
- claims for damages allocated from criminal case materials;
- disputes with administrative bodies management;
- statements and lawsuits aimed at protecting minors, incapable and disabled;
- disputes in the actions of bailiffs;
- claims arising from the law "On the Protection of Consumer Rights";
- claims and statements filed with societies or organizations of persons with disabilities;
- claims for pensioners on the incorrect actions of the staff of the FIU;
- lawsuits filed by veterans in defense of their rights, provided by law "On veterans".
Using a calculator
For information about the size of the state duty in the calculator, you should enter data regarding the category of claim and contained in the lawsuit of the material requirement (for the lawsuits of material and property).
The amount of the claim, that is, the material requirement for the defendant will become the basis for calculating the state duty based on the interest rates established by the Tax Code for a similar category of lawsuits.
Disputes with material requirements
NK RF differentiates state duty at the price of the claim. In this case, the interest rate is established depending on the amount of the claims declared to the defendant:
- up to 20,000 rubles - they are paid by the state duty in the amount of 4% of the price of the claim;
- from 20 to 100 thousand rubles - 3% to 20,000 rubles +800 rubles;
- from 100 to 200 thousand rubles - 2% of the requirement of up to 100 thousand +3200 rubles;
- 200 thousand rubles to a million - 1% of the requirement of up to 200 thousand rubles + 5,200 rubles;
- over 1 million rubles - 0.5% of 1 million + 13,200 rubles. The amount of state duty should not exceed 60 thousand rubles.
Disputes without recovery
Claims without referring to the defendant material claims are paid by the state duty at a fixed rate. Differentiation is carried out by the type of civil relations.
- claims coming from family law - 600 rubles;
- applications for alimony are paid by the state duty in the amount of 150 rubles. the defendant after the decision (decree) of the court;
- applications with the simultaneous requirement of recovery of alimony and funds for the content of the plaintiff (plaintiff) are paid by the state duty in 300 rubles by the defendant after making a decision.
In order for the calculator to suggest you the desired amount of state duty at a fixed rate, it should be reported about the category of civil relations.
The District Court is the court of general jurisdiction of the first instance, which examines the bulk of civil, administrative and criminal cases (Art. 24 GPC, Art. 19 CAS, paragraph 2 of Art. 31 of the Code of Criminal Procedure. District Court is also appellate instance on solutions of world judges (paragraph 1 of Art. 320.1 GPC). The amount of state duty for the statement of claim in the district court will tell in our consultation.
Calculation of state duty in the district court
Imagine in the table the size of the state duty when applying for a claims of a property nature, an administrative statement of property claims to be evaluated (PP. 1, 1 Art. 333.19 of the Tax Code of the Russian Federation):
When submitting an application for issuing judicial order The state duty is 50% of the sizes of the state duty specified in the table above (PP. 2, 1 Article. 333.19 of the Tax Code of the Russian Federation).
Submitting a claims of a property not subject to assessment, as well as a claims of a non-property requirement requires payment of state duty (PP. 3 of paragraph 1 of Art. 333.19 of the Tax Code of the Russian Federation):
- for physicals - 300 rubles;
- for organizations - 6,000 rubles.
When submitting to the district court appeal complaint The decision of the global judge of the state duty is paid in the following amount (paragraph. 9 of paragraph 1 of Art. 333.19 of the Tax Code of the Russian Federation):
- for physicals - 150 rubles;
- for organizations - 3,000 rubles.
Requisites district Court For payment of state duty can be found on the website of the Internet portal of the Gass RF "Justice". To do this, it is necessary to go to the section "Federal Courts of General Jurisdiction", then choose the subject of interest to the subject of the Russian Federation, and in the title of the judicial authority it is enough to indicate "Paradise" and search for vessels. After that, on the website of the district court, you must go to the "Reference Information" section.
Consideration of cases by courts in general Requires the payment of state duty. At the same time, to pay the duty when contacting the court you need to submit a request, petitions, statements, claims, an administrative statement or complaint (PP. 1, 1 Art. 333.18 of the Tax Code of the Russian Federation). How to calculate the state duty to court?
How much should you go to court?
The procedure for calculating the state duty paid when contacting the court depends on the status of the judicial body, as well as the type of treatment. The most common case of circulation of the organization to the judiciary is the submission of the claim to the arbitration court. When applying for a property certificate of property certificate, the amount of state duty depends on the price of the claim.
The dimensions of the "judicial" state duty and its feasibility of payment are established by Art. 333.19 - 333.23 of the Tax Code of the Russian Federation.
Is the state license in the claim price
The price of the claim is indicated by the applicant, and in case of incorrect indication, it is determined by the arbitration court (clause 3 of Art. 103 of the APC RF, paragraph. 2, paragraph 1 of Art. 333.22 of the Tax Code of the Russian Federation).
The procedure for determining the price of the claim is the following (paragraph 1 of Art. 103 of the APC RF):
The price of the claim includes the amount of penalty (fine, penalties) and interest indicated in the claim.
If a claim involves several independent requirements, the price of the claim is determined by summing up all requirements.
The state duty, determined on the basis of the price of the claim, the claim itself is not included in the price. And, in the event of the victory of the plaintiff, the state duty is reimbursed by the defendant separately in the composition judicial expenditures (Article 101, paragraph 1 of Art. 110 APC RF).
Size of state duty in court
Present the main sizes of the duty when applying for claims in arbitration courts.
When applying for a property of the property to be evaluated, the size of the state duty is (paragraphs. 1 of paragraph 1 of Art. 333.21 of the Tax Code of the Russian Federation):
When submitting a claim for disputes arising from the conclusion, changing or termination of contracts, as well as on disputes on the recognition of transactions by invalid state duty is 6,000 rubles (paragraphs 2 of paragraph 1 of Art. 333.21 of the Tax Code of the Russian Federation).
The same duty is paid when the organization is submitted by the Organization on the recognition of the debtor insolvent (bankrupt) (PP. 5 of paragraph 1 of Art. 333.21 of the Tax Code of the Russian Federation).
The organization filed a claim for recovery from the debtor money According to an unfulfilled contract of supply in the amount of 296,000 rubles, incl. Penalty for violation of the terms of the contract and interest for the use of other people's money.
How to calculate the state duty by lawsuit In this case, you can see in the table above. Since the price of the claim hits the range from 200 001 rubles to 1,000,000 rubles, the state duty should be 7,000 rubles + 2% of the amount exceeding 200,000 rubles.
Consequently, the amount of state duty in accordance with the statement of claim in this case will be 8,920 rubles (7,000 + 2% * (296,000 - 200,000)).