Decision of the plenum on the recovery of court costs. Plenum of the Supreme Court on Judicial Expenses

The Supreme Court summed up the practice of reimbursement of court costs and said its weighty word in the Decree of the Plenum dated January 21, 2016 N 1 “On some issues of the application of legislation on reimbursement of costs associated with the consideration of a case”, which extends its effect to arbitration, civil and administrative proceedings.

What I would like to emphasize on this Resolution of the Plenum.

1. The principle of reimbursement of court costs to the person in whose favor the judicial act. It also applies to rulings on termination of proceedings and on leaving the application without consideration.

2. Evidence, with the collection of which court costs were associated before the filing of a claim, must be relevant, admissible, and it would be difficult to go to court without this evidence. The costs of pre-trial settlement are recognized as legal costs, if it is mandatory.

3. The Plenum confirmed the long-term practice of collecting expenses for notarization of a representative's power of attorney: it must be issued for participation in a specific case or in a specific court session on a case.

4. Third parties are also entitled to reimbursement of legal costs. But only in the case of a procedural victory of "their" side. And, importantly, only in the case of such procedural behavior that contributed to the adoption of a judicial act (passive behavior, evasion of answers to court questions, delay in the process can deprive third parties of the right to reimbursement of court costs).

5. Succession under the disputed law also entails succession in the right to reimbursement of court costs.

6. The ambiguity of the position regarding the issue of reducing the amount of recoverable legal costs has not been eliminated: the inadmissibility of their arbitrary reduction if the courts have the right to reduce the amount of costs in case of excessiveness.

7. The Plenum also ranked hospitality expenses subject to and non-collectible. Thus, the expenses for accommodation and travel of the representative are clearly subject to collection. But as before, the parties will argue about whether it was enough for the representative to spend the night in a hostel or a 3-star hotel was required for this, leaving this issue to the discretion of the court.

8. The expenses of a representative for his "legal" work - communication, sending documents, expenses for familiarization with the case materials, are not subject to reimbursement, since, as a general rule, such expenses are included in the cost of services. However, the parties may provide otherwise in the contract and exclude such costs from the cost of services, in order to then have the right to recover them in court.

9. Legal costs are reimbursed by the courts when considering substantive disputes. In cases of establishing facts of legal significance, or in cases where there is no dispute about the right (as an option - divorce with the consent of both spouses), court costs are not subject to distribution.

10. The court may recognize the abuse of the right on the part of the plaintiff, if during the consideration of the case evidence was obtained of a clear disproportionateness of the stated requirements and for this reason the plaintiff reduced his claims. IN this case the court may refuse to reimburse the plaintiff for legal costs or even impose on him the obligation to compensate the defendant's costs.

At the same time, the Plenum did not explain what to do in a situation where it was not the plaintiff who reduced the amount of the claims, but the court satisfied the claims in a much smaller amount, seeing the abuse of the right in the actions of the plaintiff.

11. Noteworthy is the position of the Plenum regarding the situation of the plaintiff's refusal of the claim in connection with the voluntary satisfaction of his claims by the defendant. In this case, the Plenum explains, court costs are recovered from the defendant.

It is interesting that paragraph 1 of Art. 101 Code of Civil Procedure of the Russian Federation says just the opposite - if the plaintiff refuses the claim, the court costs will not be reimbursed to him. If there was a fact of voluntary satisfaction of the plaintiff's claims, then he should not abandon the claim, and not support his claims in the process. And then the plaintiff will retain the right to reimbursement of legal costs.

Of course, the position of the Plenum is more logical and aimed at unloading the courts. On the other hand, this is such a judicial act, which allegedly "is not a source of law."

12. Regarding the distribution of court costs at the conclusion of a settlement agreement: if court costs are not distributed by amicable agreement, the court assigns them to each of the parties, since the reconciliation of the parties, due to mutual concessions, does not in itself indicate the adoption of a judicial act in someone's favor .

13. The Plenum confirmed the possibility of applying for reimbursement of legal costs after the adoption of the final judicial act. The same applies to legal costs actually incurred after the adoption of the final judicial act. For example, if payment for the representative's accommodation services is made some time after the dispute is resolved.

14. The Supreme Court did not ignore the issue of reimbursement of court costs at the stage of execution of the decision. The recoverer must be reimbursed for the legal expenses incurred by him in connection with the consideration of the debtor's applications for the postponement or installment plan of the execution of the court decision, for changing the method and procedure for its execution. It can be assumed, thatthe absence of the right of the debtor to demand from the recoverer reimbursement of court costs incurred at this stage is also implied.

Thus, the Plenum of the Supreme Court has significantly facilitated the work of the courts and lawyers by summing up the existing practice and introducing several novelties. However, in our opinion, the Plenum did not solve all the problematic aspects of law enforcement practice.

RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION No. 1 Moscow January 21, 2016

On some issues of application of legislation on reimbursement of costs associated with the consideration of the case

In order to ensure the unity of the practice of application by the courts of the legislation governing the procedure for reimbursement of court costs in civil, administrative cases, economic disputes,

Plenum of the Supreme Court Russian Federation, 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 "On the Supreme Court of the Russian Federation", decides to give the following clarifications:

1. Court costs, consisting of the state fee, as well as the costs associated with the consideration of the case (hereinafter referred to as legal costs), are monetary costs (losses) distributed in the manner prescribed by Chapter 7 of the Civil Procedure Code of the Russian Federation (hereinafter referred to as the Code of Civil Procedure of the Russian Federation ), Chapter 10 of the Code of Administrative Procedure of the Russian Federation (hereinafter referred to as the CAS RF), Chapter 9 of the Arbitration Procedure Code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation).

Within the meaning of these legal provisions, the principle of distribution of court costs is the reimbursement of court costs to the person who incurred them, at the expense of the person against whom the final judicial act on the case was adopted (for example, a decision of a court of first instance, a ruling on termination of proceedings on a case or on leaving applications without consideration, a judicial act of the court of appeal, cassation, supervisory instance, which completed the proceedings on the case at the appropriate stage of the process).

2.Legal costs include costs incurred by persons participating in the case, including third parties, persons interested in administrative case(Article 94 of the Code of Civil Procedure of the Russian Federation, Article 106 of the APC of the Russian Federation, Article 106 of the CAS of the Russian Federation). The list of court costs provided for by these codes is not exhaustive. Thus, the expenses incurred by the plaintiff, administrative plaintiff, applicant (hereinafter also referred to as the plaintiffs) in connection with the collection of evidence before the presentation of a statement of claim, administrative statement of claim, statement (hereinafter also referred to as claims) to the court, may be recognized as court costs, if the incurrence of such expenses was necessary for the implementation of the right to apply to the court and the evidence collected before filing a claim meet the requirements of relevance, admissibility.

For example, the plaintiff may be reimbursed for the costs associated with the legalization of foreign official documents, the provision by a notary of judicial evidence (in particular, evidence confirming the placement of certain information on the Internet), the costs of conducting a pre-trial examination of the state of property, on the basis of which the price of the claim brought to the court, its jurisdiction were subsequently determined. The costs of issuing a power of attorney for a representative may also be recognized as legal costs if such a power of attorney is issued for the participation of a representative in a specific case or a specific court session on the case.

3. The costs associated with the consideration, resolution and settlement of a dispute out of court (appeal by way of subordination, mediation procedure) are not legal costs and are not reimbursed in accordance with the norms of Chapter 7 of the Code of Civil Procedure of the Russian Federation, Chapter 10 of the CAS of the Russian Federation, Chapter 9 of the APC of the Russian Federation.

4. In cases where the law or the contract provides for a claim or other mandatory pre-trial dispute settlement procedure, the costs caused by compliance with such a procedure (for example, the costs of sending a claim to a counterparty, preparing a real estate valuation report when challenging the results of determining the cadastral value of a property by a legal entity , to appeal to a higher tax authority acts of tax authorities of a non-normative nature, actions or inaction of their officials), including the costs of paying for legal services, are recognized as court costs and are subject to reimbursement based on the fact that the plaintiff did not have the opportunity to exercise the right to appeal to court without incurring such costs (Articles 94, 135 of the Code of Civil Procedure of the Russian Federation, Articles 106, 129 of the CAS of the Russian Federation, Articles 106, 148 of the APC of the Russian Federation).

5. When a claim is filed jointly by several plaintiffs or against several defendants (procedural complicity) the distribution of legal costs is made taking into account the peculiarities of the material legal relationship from which the dispute arose, and the actual procedural behavior of each of them (Article 40 of the Code of Civil Procedure of the Russian Federation, Article 41 of the CAS of the Russian Federation, Article 46 of the Arbitration Procedure Code of the Russian Federation). If the persons against whom a judicial act has been passed are joint and several debtors or creditors, the legal costs shall be reimbursed by the said persons in a joint and several manner (Part 4 of Article 1 of the Code of Civil Procedure of the Russian Federation, Part 4 of Article 2 of the CAS RF, Part 5 of Article 3 of the Arbitration Procedure Code of the Russian Federation, Articles 323, 1080 Civil Code Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation).

6. Legal costs incurred by third parties (Articles 42, 43 of the Code of Civil Procedure of the Russian Federation, Articles 50, 51 of the APC of the Russian Federation), interested parties (Article 47 of the CAS RF), participating in the case on the side in whose favor the final judicial act in the case was adopted, may be compensated to these persons on the basis that their actual procedural behavior contributed to the adoption of this judicial act. At the same time, the possibility of recovering court costs in favor of the named persons does not depend on whether they entered the process on their own initiative or were involved in the case at the request of a party or at the initiative of the court.

7. Persons who did not participate in the case, on whose rights and obligations the court adopted a judicial act, persons whose rights, freedoms and legitimate interests are violated by a judicial act, when appealing against these judicial acts, enjoy the rights and perform the duties of persons participating in the case, in including those related to reimbursement of legal costs (part 3 of article 320, part 1 of article 376, part 1 of article 3911 of the Code of Civil Procedure of the Russian Federation, part 2 of article 295, part 1 of article 318, part 1 of article 332, part 1 of article 346 of the RF CAS, article 42 of the APC RF).

8. Persons who have applied to the court with a collective administrative claim or a statement in defense of the rights and legitimate interests of a group of persons shall enjoy procedural rights claimant. Such persons, subject to their actual participation in the consideration of the case, as a result of which a decision was made to satisfy the stated requirements, are entitled to reimbursement of the legal costs incurred by them. In turn, these persons are charged legal costs in case of refusal to satisfy the relevant requirements (part 3 of article 42 of the CAS RF, part 1 of article 22510, article 22512 of the APC of the Russian Federation).

9. Transfer of the right protected in court, in the order of universal or singular legal succession (inheritance, reorganization legal entity, transfer of ownership of a thing, assignment of the right to claim, etc.) entails the transfer of the right to reimbursement of legal costs, since the right to such reimbursement is not inextricably linked with the personality of the participant in the process (Articles 58, 382, 383, 1112 of the Civil Code of the Russian Federation).

In this case, the court replaces the person participating in the case with his legal successor (Article 44 of the Code of Civil Procedure of the Russian Federation, Article 44 of the CAS of the Russian Federation, Article 48 of the Arbitration Procedure Code of the Russian Federation). Assignment of the right to reimbursement of court costs as such is allowed not only after they are awarded to the person participating in the case, but also during the period of consideration of the case by the court (Articles 382, 383, 3881 of the Civil Code of the Russian Federation). The conclusion of this agreement before the award of court costs does not entail the procedural replacement of the person participating in the case and ceding the right to reimbursement of court costs by his successor, since such a right arises and passes to the successor only at the time of awarding court costs in favor of the predecessor (paragraph 2 of Article 3881 of the Civil Code RF). The transfer of the right to reimbursement of court costs in the order of universal or singular succession is possible both to the persons participating in the case and to other persons.

10. The person claiming the recovery of legal costs must prove the fact of their incurrence., as well as the relationship between incurred named person costs and the case being considered in court with his participation. Lack of evidence of these circumstances is the basis for denial of reimbursement of legal costs.

11. Resolving the issue of the amount levied in reimbursement of legal costs, the court has no right to reduce it arbitrarily, If the other party does not raise objections and does not provide evidence of the excessiveness of the expenses collected from it (part 3 of article 111 of the APC of the Russian Federation, part 4 of article 1 of the Code of Civil Procedure of the Russian Federation, part 4 of article 2 of the CAS of the Russian Federation). At the same time, in order to implement the task of legal proceedings on a fair public litigation, ensuring the necessary balance of procedural rights and obligations of the parties (articles 2, 35 of the Code of Civil Procedure of the Russian Federation, articles 3, 45 of the CAS of the Russian Federation, articles 2, 41 of the APC of the Russian Federation) the court has the right to reduce the amount of legal costs, including the costs of paying for the services of a representative, If the amount of costs declared for collection, based on the evidence available in the case, is clearly unreasonable (excessive) in nature.

12. The costs of paying for the services of a representative, incurred by the person in whose favor a judicial act has been adopted, are recovered by the court from another person participating in the case within reasonable limits (part 1 of Article 100 of the Code of Civil Procedure of the Russian Federation, Article 112 of the CAS of the Russian Federation, Part 2 of Article 110 of the APC of the Russian Federation ). In case of incomplete (partial) satisfaction of claims, the costs of paying for the services of a representative are awarded to each of the parties within reasonable limits and distributed in accordance with the rule on the proportional distribution of court costs (Articles 98, 100 of the Code of Civil Procedure of the Russian Federation, Articles 111, 112 of the CAS of the Russian Federation, Article 110 of the Arbitration Procedure Code of the Russian Federation) .

13. Reasonable should be considered such costs for the services of a representative, which, under comparable circumstances, are usually charged for similar services. When determining reasonableness, the volume of the stated requirements, the price of the claim, the complexity of the case, the volume of services provided by the representative, the time required to prepare procedural documents, duration of consideration of the case and other circumstances. The reasonableness of the legal costs for paying for the services of a representative cannot be justified by the fame of the representative of the person participating in the case.

14. Transportation and living expenses of a representative of a party shall be reimbursed by the other party to the dispute within reasonable limits based on the prices that are usually set for transport services, as well as prices for services related to the provision of accommodation, in the place (region) in which they are actually provided (Articles 94, 100 of the Code of Civil Procedure of the Russian Federation, Articles 106, 112 of the CAS of the Russian Federation, Article 106, Part 2 of Article 110 of the Arbitration Procedure Code of the Russian Federation).

15. The expenses of a representative necessary to fulfill his obligation to provide legal services, for example, expenses for familiarization with the case materials, for using the Internet, for mobile communications, for sending documents, are not subject to additional compensation by the other party to the dispute, since, by virtue of Article 3092 of the Civil Code of the Russian Federation, such expenses, as a general rule, are included in the price of the services provided, unless otherwise follows from the terms of the contract (part 1, article 100 of the Code of Civil Procedure of the Russian Federation, article 112 of the CAS of the Russian Federation, part 2, article 110 of the APC of the Russian Federation).

16. Representative fees incurred by authorities and organizations (including consumer rights protection societies), endowed law the right to apply to the court in defense of the rights, freedoms and legitimate interests of others(Articles 45, 46 of the Code of Civil Procedure of the Russian Federation, Articles 39, 40 of the CAS of the Russian Federation, Articles 52, 53, 531 of the APC of the Russian Federation), non-refundable, since the specified authority implies their independent participation in the trial without the involvement of representatives on a reimbursable basis.

17. If several persons participating in the case on one side conducted the case through one representative, the costs of paying for his services are subject to reimbursement according to general rules Part 1 of Article 100 of the Code of Civil Procedure of the Russian Federation, Article 112 of the CAS RF, Part 2 of Article 110 of the Arbitration Procedure Code of the Russian Federation in accordance with the actual expenses incurred by each of them.

18. Within the meaning of Articles 98, 100 of the Code of Civil Procedure of the Russian Federation, Articles 111, 112 of the CAS of the Russian Federation, Article 110 of the Arbitration Procedure Code of the Russian Federation, legal costs are reimbursed when substantive disputes are resolved by the courts. Since the consideration of cases provided for by chapters 28-30, 32-34, 36, 38 of the Code of Civil Procedure of the Russian Federation, chapter 27 of the APC of the Russian Federation is aimed at establishing legal facts, the determination legal status persons involved in the case or the legal regime of objects of law, and not to resolve a substantive dispute, the costs incurred in connection with the consideration of these categories of cases are borne by the persons participating in the case who incurred them and are not subject to distribution according to the rules Chapter 7 of the Code of Civil Procedure of the Russian Federation, Chapter 10 of the CAS of the Russian Federation, Chapter 9 of the APC of the Russian Federation.

19. The costs incurred in connection with the consideration of claims, the satisfaction of which is not due to the establishment of facts of violation or contestation of the rights of the plaintiff by the defendant, the administrative defendant, for example, claims for divorce with the mutual consent of the spouses, are not subject to distribution among the persons participating in the case. having common minor children (clause 1 of article 23 of the Family Code of the Russian Federation).

20. In the event of incomplete (partial) satisfaction of property claims subject to assessment, court costs are awarded to the plaintiff in proportion to the amount of claims satisfied by the court, and to the defendant in proportion to that part of the claims in which the plaintiff is denied (Articles 98, 100 of the Code of Civil Procedure of the Russian Federation, Articles 111, 112 CAS RF, Article 110 of the Arbitration Procedure Code of the Russian Federation).

21. The provisions of the procedural legislation on proportional compensation (distribution) of court costs (Articles 98, 102, 103 of the Code of Civil Procedure of the Russian Federation, Article 111 of the CAS of the Russian Federation, Article 110 of the Arbitration Procedure Code of the Russian Federation) shall not be applied when resolving:

a claim of a non-property nature, including a claim with a monetary value, aimed at protecting personal non-property rights (for example, on compensation for moral damage);
a claim of a property nature that is not subject to assessment (for example, on the suppression of actions that violate the right or create a threat of its violation);
claims for the recovery of a penalty, which is reduced by the court due to disproportion to the consequences of a breach of obligation, receipt by the creditor of unjustified benefits (Article 333 of the Civil Code of the Russian Federation);
a claim subject to consideration in the manner prescribed by the CAS RF, with the exception of claims for the collection of mandatory payments and sanctions (Part 1 of Article 111 of the said Code).

At the same time, the rule on proportional compensation (distribution) of court costs is applied to economic disputes arising from public legal relations related to challenging non-normative legal acts of tax, customs and other authorities, if the adoption of such acts imposes a property obligation on the applicant (Part 1 of Article 110 of the APC RF).

22. In the event of a change in the amount of claims after the initiation of proceedings on the case when apportioning legal costs, one should proceed from the amount of claims supported by the plaintiff at the time of the decision on the case. At the same time, the reduction by the plaintiff of the amount of claims as a result of obtaining evidence of the obvious unfoundedness of this amount during the consideration of the case may be recognized by the court as an abuse of procedural rights and entail a refusal to recognize the court costs incurred by the plaintiff as necessary in full or in part (part 1 of Article 35 of the Code of Civil Procedure of the Russian Federation, part 6 , 7 Article 45 of the CAS of the Russian Federation) or the imposition on the plaintiff of the costs incurred by the defendant (Article 111 of the Arbitration Procedure Code of the Russian Federation).

23. The court has the right to set off the legal costs collected in favor of each of the parties, and other sums of money awarded to them as counter (part 4 of Article 1, Article 138 of the Code of Civil Procedure of the Russian Federation, Part 4 of Article 2, Part 1 of Article 131 of the RF CAS, Part 5 of Article 3, part 3 of article 132 of the Arbitration Procedure Code of the Russian Federation). The set-off of costs is made at the request of the persons compensating such costs, or at the initiative of the court, which, based on the provisions of Article 56 of the Code of Civil Procedure of the Russian Federation, Article 62 of the CAS RF, Article 65 of the Arbitration Procedure Code of the Russian Federation, issues this question for discussion by the parties.

24. In the event of partial satisfaction of both the initial and counter property claims, for which a proportional distribution of court costs is carried out, the plaintiff's legal costs on the initial claim shall be reimbursed in proportion to the amount of satisfied claims. The plaintiff's legal costs in a counterclaim shall be reimbursed in proportion to the amount of satisfied counterclaims.

25. In case of termination of proceedings, leaving the application without consideration, the legal costs are recovered from the plaintiff. At the same time, if the proceedings on the case are terminated due to the death of a citizen or the liquidation of a legal entity that was a party to the case, or statement of claim left without consideration due to the fact that it was filed by a legally incompetent person or due to the failure of the parties who did not ask for the case to be heard in their absence to the court on a second summons (paragraph seven of Article 222 of the Code of Civil Procedure of the Russian Federation), legal costs incurred by persons participating in the case, are not subject to distribution according to the rules of Chapter 7 of the Code of Civil Procedure of the Russian Federation, Chapter 10 of the CAS RF, Chapter 9 of the APC of the Russian Federation. If the statement of claim is left without consideration due to the fact that it is signed and filed by a person who does not have the authority to sign and (or) file it, or is signed by a person whose official position is not indicated, the legal costs incurred by the participants in the process in connection with filing such an application shall be collected from that person.

26. When the proceedings are terminated due to the plaintiff's refusal of the claim in connection with the voluntary satisfaction of his claims by the defendant after the plaintiff applies to the court, the legal costs are recovered from the defendant (part 1 of article 101 of the Code of Civil Procedure of the Russian Federation, part 1 of article 113 of the CAS of the Russian Federation, article 110 of the Arbitration Procedure Code of the Russian Federation) . At the same time, it should be borne in mind that the waiver of a claim is a right, and not an obligation, of the plaintiff, therefore, reimbursement of legal costs to the plaintiff under these circumstances cannot be made dependent on the statement by him of the waiver of the claim. Therefore, in the event of voluntary satisfaction of the claims by the defendant after the plaintiff applied to the court and accepted judgment in such a case, legal costs are also subject to recovery from the defendant.

27. When concluding a settlement agreement, an agreement on conciliation, legal costs are distributed in accordance with its terms. In the event that in the settlement agreement, the agreement on conciliation, the parties did not provide for the conditions for the distribution of legal costs, the court resolves this issue taking into account the following.

The conclusion of a settlement agreement, an agreement on conciliation is due to mutual concessions of the parties, and the termination of the proceedings due to this circumstance does not in itself indicate the adoption of a judicial act in favor of one of the parties to the dispute. Therefore, the legal costs incurred by the parties in the course of the consideration of the case before they conclude a settlement agreement, an agreement on conciliation, are borne by them and are not subject to distribution.

At the same time, the legal costs incurred by the court in connection with the consideration of the case at the expense of the appropriate budget of the budgetary system of the Russian Federation (Article 103 of the Code of Civil Procedure of the Russian Federation, Article 114 of the CAS RF), amounts of money payable to witnesses, experts, specialists, are distributed by the court, in including on his initiative, between the parties equally by issuing a ruling (Part 2 of Article 101 of the Code of Civil Procedure of the Russian Federation, Part 2 of Article 113 of the CAS of the Russian Federation).

28. After the adoption of the final judicial act on the case, the person participating in the case has the right to apply to the court with a statement on the issue of legal costs incurred in connection with the consideration of the case, the reimbursement of which was not declared during its consideration. Such an issue is resolved by the court in a court session according to the rules provided for in Article 166 of the Code of Civil Procedure of the Russian Federation, Article 154 of the CAS RF, Article 159 of the APC of the Russian Federation.

Based on the results of its resolution, a determination is made. When considering an application on the issue of legal costs, the court also resolves issues on the distribution of legal costs associated with the consideration of this application. With this in mind, an application for reimbursement of legal costs incurred in connection with the consideration of an application on the issue of legal costs, filed after the ruling on the issue of legal costs, is not subject to acceptance for proceedings and consideration by the court.

29. If the legal costs associated with the consideration of the dispute on the merits are actually incurred after the adoption of the final judicial act on the case (for example, payment for accommodation, services of a representative is made after the resolution of the case on the merits), the person participating in the case has the right to apply to the court with an application about such costs. The court refuses to accept for proceedings or terminates proceedings in respect of an application for legal costs, the issue of compensation or refusal to compensate for which was resolved in a judicial act previously issued by it, in relation to paragraph 2 of part 1 of article 134, paragraph three of article 220 of the Code of Civil Procedure of the Russian Federation, Clause 4 of Part 1 of Article 128, Clause 2 of Part 1 of Article 194 of the CAS RF, Clause 2 of Part 1 of Article 150 of the Arbitration Procedure Code of the Russian Federation.

30. A person who filed an appeal, cassation or supervisory appeal, as well as other persons who actually participated in the consideration of the case at the appropriate stage of the process, but did not file a complaint, are entitled to reimbursement of legal costs incurred in connection with the consideration of the complaint, if, as a result of the consideration of the case, a final judicial act is adopted in their favor . In turn, the person who filed an appeal, cassation or supervisory complaint, which was denied, may be charged the costs of other participants in the process related to the consideration of the complaint.

The costs incurred in connection with the revision of the entered into legal force of a judicial act due to new or newly discovered circumstances, are reimbursed to the participants in the process based on which side of the dispute is in favor of the final judicial act in the relevant case. The costs incurred by the participants in the process are subject to reimbursement, provided that they were due to their actual procedural behavior at the stage of consideration of the case by the court of appeal, cassation or supervisory instance, at the stage of revising a judicial act that has entered into legal force due to new or newly discovered circumstances.

31. Legal costs incurred by the recoverer at the stage of execution of the court decision, related to participation in court hearings to consider the debtor's applications for a delay, for an installment plan for the execution of a court decision, for changing the method and procedure for its execution, are reimbursed by the debtor (Articles 98, 100 of the Code of Civil Procedure of the Russian Federation, articles 111, 112 of the CAS of the Russian Federation, article 110 of the APC of the Russian Federation).

32. The persons participating in the case must conscientiously use all their procedural rights, in connection with which the court has the right to attribute the court costs to the person who has abused his procedural rights and has not fulfilled his procedural duties, or not to recognize the court costs incurred by him as necessary, if this led to a crash court session, tightening litigation obstructing the consideration of the case and the adoption of the final judicial act.

33. In connection with the adoption of this resolution, to recognize as not subject to application:

paragraph 33 of the decision of the Plenum of the Supreme Arbitration Court of the Russian Federation dated February 17, 2011 No. 12 “On some issues of application of the Arbitration Procedure Code of the Russian Federation, as amended federal law dated July 27, 2010 No. 228-FZ “On Amendments to the Arbitration procedural code Russian Federation";
paragraph three of clause 6 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated July 18, 2014 No. 51 “On some issues arising in the consideration of disputes involving organizations exercising collective management of copyright and related rights”.

Chairman of the Supreme Court of the Russian Federation V.M. Lebedev Secretary of the Plenum, Judge of the Supreme Court of the Russian Federation V.V. Momotov

"On some issues of the application of legislation on reimbursement of costs associated with the consideration of the case"
Attention! These are only informative excerpts!
For quoting, use the text of the official document!

1. ... the principle of distribution of court costs is the reimbursement of court costs to the person who incurred them, at the expense of the person not in favor of which the final judicial act was passed on the case (for example, the decision of the court of first instance, the decision to terminate the proceedings or to leave the application without consideration, the judicial act of the court of appeal, cassation, supervisory instance, which completed the proceedings at the appropriate stage of the process).

(Note: Thus, the issue of the possibility of recovering court costs in cases where there is no judicial act has been resolved in favor of the party(determination to terminate the proceedings or to leave the application without consideration).

2. ... expenses incurred by the plaintiff, administrative plaintiff, applicant (hereinafter also referred to as plaintiffs) in connection with the collection of evidence before the presentation of the statement of claim, administrative statement of claim, statements (hereinafter also referred to as claims) to the court, may be recognized as legal costs, if such costs were necessary to exercise the right to apply to the court and the evidence collected before filing a claim meets the requirements of relevance, admissibility.

I have previously published an article on this subject:
Pravorub: Recovery of insurance compensation, taking into account the law "On the protection of the rights ...

But!
... The costs of issuing a power of attorney of a representative can also be recognized as legal costs if such a power of attorney is issued for the participation of a representative in a specific (!) case or a specific court session on business…

3. Costs due to the consideration, resolution and settlement of the dispute during out of court… are not legal costs and are not reimbursed.

4. In cases where the law or the contract provides claim or other mandatory pre-trial procedure settlement of the dispute, the costs caused by compliance with such an order, including the costs of paying for legal services, are recognized as legal costs and are subject to reimbursement.

5. ... if the persons against whom the judicial act has been passed are joint and several debtors or creditors, the legal costs shall be reimbursed by the said persons in a joint and several manner.

6. Legal costs incurred by third parties ... who participated in the case on the side in whose favor the final judicial act in the case was adopted, may be reimbursed to these persons ...

8. Persons who have applied to the court with a collective administrative statement of claim or a statement in defense of the rights and legitimate interests of a group of persons shall enjoy the procedural rights of the plaintiff. Such persons (!) subject to their actual participation (!) in the consideration of the case, as a result of which a decision was made to satisfy the stated requirements, they are entitled to reimbursement of the legal costs incurred by them. In turn, these persons are charged legal costs in case of refusal to satisfy the relevant ones.

9. The transfer of a right protected in court in the order of universal or singular succession (inheritance, reorganization of a legal entity, transfer of ownership of a thing, assignment of a claim, etc.) entails transition of law for legal costs...

10. A person claiming the recovery of court costs must prove the fact of their incurring, as well as the connection between the costs incurred by the said person and the case being considered in court with his participation. Lack of evidence of these circumstances is the basis for denial of reimbursement of legal costs.

11. When resolving the issue of the amount of sums recovered in compensation of court costs, the court is not entitled to reduce it arbitrarily, unless the other party raises an objection and does not provide evidence of the excessive costs recovered from it ...

At the same time, in order to implement the task of legal proceedings in a fair public trial, to ensure the necessary balance of procedural rights and obligations of the parties (Articles 2, 35 of the Code of Civil Procedure of the Russian Federation, Articles 3, 45 of the CAS of the Russian Federation, Articles 2, 41 of the Arbitration Procedure Code of the Russian Federation), the court has the right to reduce the amount of legal costs , including the costs of paying for the services of a representative, if the amount of costs claimed for collection, based on the evidence available in the case, is clearly unreasonable (excessive) in nature.

(Note: Ha. Two paragraphs that completely contradict each other, and give the court the opportunity to precisely arbitrary discretion. For arbitrariness, it is enough to quote one of these paragraphs in the decision.)

12. The costs of paying for the services of a representative, incurred by the person in whose favor the judicial act is adopted, are recovered by the court from another person participating in the case, within reasonable limits.
In case of incomplete (partial) satisfaction of claims, the costs of paying for the services of a representative are awarded to each of the parties within reasonable limits and distributed in accordance with the rule on the proportional distribution of court costs

13. Reasonable should be considered such costs for the services of a representative, which, under comparable circumstances, are usually charged for similar services. When determining reasonableness, the volume of the stated requirements, the price of the claim, the complexity of the case, the volume of services rendered by the representative, the time required for the preparation of procedural documents, the duration of the consideration of the case and other circumstances may be taken into account. The reasonableness of the legal costs for paying for the services of a representative cannot be justified by the fame of the representative of the person participating in the case.

(Note: it contributes very well to a) drawing up an Act of completed work (services) - see the form in the Consultant; b) Establishment of regional AP minimum and average rates).

15. Expenses of a representative necessary to fulfill his obligation to provide legal services, for example, expenses for familiarization with the case materials, for using the Internet, for mobile communications, for sending documents, are not subject to additional compensation by the other party to the dispute, since due to such expenses, as a general rule, are included in the price of the services provided, unless otherwise follows from the terms of the contract

(Note: this item requires additional reflection and, possibly, adjustments to the acts of completed work (services) being drawn up - who uses them.)

16. Expenses for paying for the services of representatives incurred by bodies and organizations (including consumer protection societies) endowed by law with the right to apply to the court in defense of the rights, freedoms and legitimate interests of other persons (Articles 45, 46 of the Code of Civil Procedure of the Russian Federation, Articles 39, 40 CAS RF, articles 52, 53, 531 of the APC RF), non-refundable since the specified authority implies their independent participation in the trial without the involvement of representatives on a reimbursable basis.

(Note: this rule existed before, but once there was a procedure for collecting such expenses, as a result: all these consumer protection societies were only engaged in blackmailing entrepreneurs. And where are they now, these societies, when there are no recovery options? ??)

17. If several persons participating in the case on the same side conducted the case through one representative, the costs of paying for his services are subject to reimbursement according to the general rules in accordance with actually incurred expenses each of them .

18. Within the meaning of Articles 98, 100 of the Code of Civil Procedure of the Russian Federation, Articles 111, 112 of the CAS of the Russian Federation, legal costs are reimbursed when substantive disputes are resolved by the courts. Since the consideration of cases provided for by chapters 28–30, 32–34, 36, 38 of the Code of Civil Procedure of the Russian Federation, chapter 27 of the APC of the Russian Federation, is aimed at establishing legal facts, determining the legal status of persons involved in the case or the legal regime of objects of law, and not at resolving of a substantive dispute, the costs incurred in connection with the consideration of these categories of cases are borne by the persons participating in the case who incurred them and are not subject to distribution according to the rules of Chapter 7 of the Code of Civil Procedure of the Russian Federation, Chapter 10 of the CAS of the Russian Federation, Chapter 9 of the Arbitration Procedure Code of the Russian Federation.

21. The provisions of the procedural law on proportional reimbursement (distribution) of legal costs (Articles 98, 102, 103 of the Code of Civil Procedure of the Russian Federation,) are not applicable with permission:

a claim of a non-property nature, including a claim with a monetary value, aimed at protecting personal non-property rights (for example, on compensation for moral damage) (Note: reasonable and logical);
a claim of a property nature that is not subject to assessment (for example, on the suppression of actions that violate the right or create a threat of its violation);
claims for the recovery of a penalty, which is reduced by the court due to the disproportionate consequences of the violation of the obligation, the receipt by the creditor of unreasonable benefits ();
a claim subject to consideration in the manner prescribed by the CAS RF, with the exception of claims for the collection of mandatory payments and sanctions (Part 1 of Article 111 of the said Code).
At the same time, the rule on proportional compensation (distribution) of legal costs is applied to economic disputes arising from public legal relations related to contesting non-normative legal acts of tax, customs and other authorities, if the adoption of such acts imposes a property obligation on the applicant (part 1).

22. In the event of a change in the amount of claims after the initiation of proceedings in the case of a proportional distribution of court costs, one should proceed from the amount of claims supported by the plaintiff at the time of the decision on the case.
(logical and reasonable)
At the same time, the reduction by the plaintiff of the amount of claims as a result of obtaining evidence of the obvious unfoundedness of this amount during the consideration of the case can be recognized by the court as an abuse of procedural rights (!!!) and entail refusal to recognize the legal costs incurred by the plaintiff as necessary in whole or in part(!!!) or (!!!) laying on the plaintiff the costs incurred by the defendant (!!!)

(Note: my brain refuses to understand and accept this. The punishment for a clearly overpriced lawsuit is as old as the world - the inability to recover part of the state fee).

23. The court has the right to set off the legal costs collected in favor of each of the parties, and other amounts awarded to them as counter ... The offset of costs is made at the request of the persons compensating such costs, or at the initiative of the court, which, based on the provisions, issues this issue for discussion by the parties.

(note: well, now you understand why in mathematics lessons they taught proportions to resolve?)

25. In cases of termination of proceedings on the case, leaving the application without consideration, legal costs are recovered from the plaintiff. At the same time, if ... the statement of claim is left without consideration due to ... the absence of the parties who did not ask for the case to be heard in their absence, to the court on a second summons (paragraph seven), the legal costs incurred by the persons participating in the case are not subject to distribution according to the rules of Chapter 7 of the Code of Civil Procedure of the Russian Federation, Chapter 10 of the CAS of the Russian Federation, Chapter 9 of the APC of the Russian Federation.

(Note: to be honest, this point is not clear to me yet)

26. When the proceedings are terminated due to refusal of the plaintiff from the claim in connection with the voluntary satisfaction of his claims defendant after the plaintiff sued legal fees charged from defendant...

27. When concluding a settlement agreement, an agreement on conciliation, legal costs are distributed in accordance with its terms. In the event that in the settlement agreement, the agreement on conciliation, the parties did not provide for the conditions for the distribution of legal costs ... (then they) refer to them (to the parties) and are not subject to distribution.

28. After the adoption of the final judicial act on the case, the person participating in the case has the right to apply to the court with a statement on the issue of legal costs incurred in connection with the consideration of the case, the reimbursement of which was not declared during its consideration. Such a question is resolved by the court in a court session according to the rules provided for,.

Based on the results of its resolution, a determination is made. When considering an application on the issue of court costs, the court also resolves questions on the distribution of court costs, related to this application. In view of this, the application for reimbursement of legal costs incurred in connection with the consideration of the application on the issue of legal costs, filed after issuing a ruling on the issue of legal costs, is not subject to acceptance for proceedings and consideration by the court.

29. If the legal costs associated with the consideration of the dispute on the merits are actually incurred after the adoption of the final judgment on the case (for example, payment for accommodation, services of a representative was made after the resolution of the case on the merits), the person participating in the case has the right to apply to the court with a statement on the issue of such costs. The court refuses to accept for proceedings or terminates the proceedings in relation to the application for legal costs, the issue of reimbursement or the denial of reimbursement of which was resolved in an earlier judgment,

30. A person who filed an appeal, cassation or supervisory complaint, as well as other persons who actually participated in the consideration of the case at the appropriate stage of the process, but did not file a complaint, are entitled to reimbursement of legal costs incurred in connection with the consideration of the complaint, if based on the results of the consideration of the case, a final judicial act was adopted in their favor. In turn, the person who filed an appeal, cassation or supervisory complaint, which was denied, may be charged the costs of other participants in the process related to the consideration of the complaint.

The costs incurred in connection with the revision of a judicial act that has entered into legal force due to new or newly discovered circumstances are reimbursed to the participants in the process based on which party to the dispute is in favor of the final judicial act in the relevant case.

32. The persons participating in the case must conscientiously use all their procedural rights, in connection with which the court has the right to attribute the court costs to the person who has abused his procedural rights and has not fulfilled his procedural duties, or not to recognize the court costs incurred by him as necessary, if this led to the disruption of the court session, the delay in the trial, the obstruction of the consideration of the case and the adoption of the final judicial act.

(Note: another "smeared and blurred" clause that leads to arbitrary enforcement).