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of January 21, 2016 No. 1

About some questions of application of the legislation on cost recovery connected with consideration of the case

For the purpose of ensuring unity of practice of application by courts of the legislation regulating procedure for compensation of court costs on civil, administrative cases, economic disputes, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations:

1. The court costs consisting of the state fee, and also costs connected with consideration of the case (further - legal costs), represent cash costs (losses) distributed according to the procedure, provided by Chapter 7 of the Civil Procedure Code of the Russian Federation (further - the CCP of the Russian Federation), Chapter 10 of the Code of administrative legal proceedings of the Russian Federation (further - KAS Russian Federation), Chapter 9 of the Arbitral Procedure Code of the Russian Federation (further - the AIC of the Russian Federation).

In sense of the called legislative provisions, as the principle of distribution of court costs compensation of court costs to person who incurred them, at the expense of person acts, not for benefit of which the final court resolution on case is adopted (for example, resolution of the Trial Court, determination about suit abatement or about leaving of the statement without consideration, court resolution of court of appeal, cassation, supervising instance which completes proceeedings at the corresponding stage of process).

2. Expenses which are incurred by persons participating in case including the third parties, interested persons in administrative case (article 94 CCP of the Russian Federation, article of 106 AIC of the Russian Federation, article 106 KAS Russian Federation) belong to legal costs.

The list of legal costs provided by the specified codes is not exhaustive. So, the expenses incurred by the claimant, the administrative claimant, the applicant (further also - claimants) in connection with collecting of proofs before presentation of the action for declaration, the administrative action for declaration, the statement (further also - claims) in court, can be recognized as legal costs if execution of such expenses was necessary for realization of the right to appeal to the court and the proofs collected before presentation of the claim conform to requirements of relevancy, admissibility. For example, the expenses connected with legalization of foreign official documents, providing with the notary before initiation of proceedings in court of judicial evidences (in particular, the proofs confirming placement of certain information in Internet network), expenses on carrying out pre-judicial research of condition of property based on which afterwards the determined price of the claim made in court, its cognizance can be refunded to the claimant.

Expenses on execution of the power of attorney of the representative can be also recognized as legal costs if such power of attorney is issued for participation of the representative in specific case or specific judicial session on case.

3. The expenses caused by consideration, permission and dispute settlement extrajudicially (appeal according to the procedure of subordination, the procedure of mediation), are not legal costs and are not compensated according to regulations of Chapter 7 of the CCP of the Russian Federation, Chapter 10 of KAS Russian Federation, Chapter of 9 AIC of the Russian Federation.

4. In cases when the law or the agreement provide the claim or other obligatory pre-judicial procedure for dispute settlement, expenses caused by observance of such procedure (for example, costs for the direction of the claim to the partner, for preparation of the valuation report of the real estate in case of contest of results of determination of cadastral project cost of the real estate by the legal entity, on appeal in higher tax authority of acts of tax authorities of substandard nature, actions or failure to act of their officials), including expenses on payment of legal services, are recognized legal costs and are subject to compensation proceeding from the fact that the claimant had no opportunity to exercise the right to appeal to the court without execution of such costs (Articles 94, 135 CCP of the Russian Federation, Articles 106, 129 KAC Russian Federation, Articles 106, of 148 AIC of the Russian Federation).

5. In case of presentation of the claim jointly by several claimants or to several defendants (procedural partnership) distribution of legal costs is made taking into account features of material legal relationship from which there was dispute, and the actual procedural behavior of each of them (article 40 CCP of the Russian Federation, article 41 KAS Russian Federation, article of 46 AIC of the Russian Federation).

If persons, not for benefit of which the court resolution is adopted, are solidary debtors or creditors, legal costs are compensated by specified persons in solidary procedure (part 4 of article 1 CCP of the Russian Federation, part 4 of article 2 KAS Russian Federation, part 5 of Article of 3 AIC of the Russian Federation, Article 323, 1080 Civil codes of the Russian Federation (further - the Civil Code of the Russian Federation).


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