From September 9, 2024, new amounts of state duties in arbitration and civil courts will come into force, according to Federal Law No. 259-FZ of 08.08.2024. Which areas will be affected by the changes? How will the amount of duties change? Acsour experts reviewed the innovations in the article.
Property claims. The arbitration process.
Before the entry into force of Federal Law No. 259-FZ dated 08.08.2024, the gradation of claim prices and the amount of state duties were significantly lower: for example, at a claim price of more than 200 thousand rubles (up to 1 million rubles inclusive), 7000 rubles were paid plus 2% of the amount over 200 thousand rubles
If it was necessary to file a claim that did not need to be evaluated, then the company paid a state fee of 50 thousand rubles
The adopted law introduced a number of changes to the amount of state duty when filing property claims, which are subject to assessment. The table shows the new duties.
If it was necessary to file a claim that did not need to be evaluated, then the company paid a state fee of 50 thousand rubles
The adopted law introduced a number of changes to the amount of state duty when filing property claims, which are subject to assessment. The table shows the new duties.
Property claims. Civil procedure and administrative proceedings
The amount of the state duty for filing property claims in civil proceedings and administrative proceedings has increased significantly. Before the adoption of the new law, for example, if the claim price was more than 200 thousand rubles (up to 1 million rubles inclusive), the payment was 5,200 rubles plus 1% of the amount over 200 thousand rubles
When filing a claim that does not need to be evaluated, the company must transfer a state duty of 20,000 rubles instead of 6,000 rubles
The innovations, which came into force on September 9, make the following adjustments:
When filing a claim that does not need to be evaluated, the company must transfer a state duty of 20,000 rubles instead of 6,000 rubles
The innovations, which came into force on September 9, make the following adjustments:
Challenging decisions and actions of government agencies
In order to submit an application to the arbitration court for the recognition of illegal decisions and actions (inaction) of authorities or officials
Claims for the conclusion, modification or termination of contracts
If, in a dispute under the Arbitration Procedure Code of the Russian Federation, the plaintiff company does not require the return of the executed transaction or the award of property, the state duty is 50 thousand rubles instead of 6000 rubles
If a claim without property claims needs to be filed with a court of general jurisdiction, the legal entity must transfer 20 thousand rubles instead of 6000 rubles
Similar changes have been extended to the filing of claims to arbitration courts and the SOY for invalidation of transactions without the requirement to apply the consequences of invalidity.
In order to submit an application to the arbitration court for the recognition of illegal decisions and actions (inaction) of authorities or officials
- the company is obliged to pay 50 thousand rubles instead of 3000 rubles
- the legal entity is obliged to pay 15 thousand rubles instead of 2000 rubles
Claims for the conclusion, modification or termination of contracts
If, in a dispute under the Arbitration Procedure Code of the Russian Federation, the plaintiff company does not require the return of the executed transaction or the award of property, the state duty is 50 thousand rubles instead of 6000 rubles
If a claim without property claims needs to be filed with a court of general jurisdiction, the legal entity must transfer 20 thousand rubles instead of 6000 rubles
Similar changes have been extended to the filing of claims to arbitration courts and the SOY for invalidation of transactions without the requirement to apply the consequences of invalidity.
Bankruptcy applications
In order to apply for recognition of the debtor as bankrupt, the company is obliged to deposit 100 thousand rubles instead of 6000 rubles
According to applications and claims in the framework of separate disputes, a payment was established in the amount of half of the state duty, which is determined based on the essence of the claim. Previously, the position of the Supreme Court was applied that the duty is calculated based on the substance of the requirements under the general rules.
Complaints to higher courts. Arbitration process
The organization that is going to challenge the judicial act is obliged to pay:
Previously, the duty for a company that wanted to challenge a judicial act was 3,000 rubles
Complaints to higher courts. Civil procedure and administrative proceedings.
The company must pay a state duty in the amount of:
Previously, in particular, a state duty of 3,000 rubles was applied for appeal and cassation appeals.
The updated state duty rates will affect a wide range of judicial actions, from filing property claims to administrative appeals. Acsour specialists will help you adapt to new requirements and review your legal expenses in light of upcoming changes.
According to applications and claims in the framework of separate disputes, a payment was established in the amount of half of the state duty, which is determined based on the essence of the claim. Previously, the position of the Supreme Court was applied that the duty is calculated based on the substance of the requirements under the general rules.
Complaints to higher courts. Arbitration process
The organization that is going to challenge the judicial act is obliged to pay:
- 30 thousand rubles – when filing an appeal or cassation appeal against a court order;
- 50 thousand rubles – when filing a cassation appeal, except for the complaint mentioned above and a complaint to the Supreme Court of the Russian Federation;
- 80 thousand rubles – when filing, for example, a cassation or supervisory appeal to the Supreme Court of the Russian Federation.
Previously, the duty for a company that wanted to challenge a judicial act was 3,000 rubles
Complaints to higher courts. Civil procedure and administrative proceedings.
The company must pay a state duty in the amount of:
- 15 thousand rubles – when filing an appeal, private complaint or cassation appeal against a court order;
- 20 thousand rubles – when filing a cassation appeal (except for the complaint mentioned above and the complaint to the Supreme Court of the Russian Federation);
- 25 thousand rubles – when filing, for example, a cassation or supervisory appeal to the Supreme Court of the Russian Federation.
Previously, in particular, a state duty of 3,000 rubles was applied for appeal and cassation appeals.
The updated state duty rates will affect a wide range of judicial actions, from filing property claims to administrative appeals. Acsour specialists will help you adapt to new requirements and review your legal expenses in light of upcoming changes.
