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The size of the state duty for filing appeal to court

For most part, Russians do not know whether it is necessary to pay the tax where to make funds and what size is the state duty for consideration by the court of appeal statement. To understand this, you will need to explore the current legislation of the Russian Federation, pay attention to the nuances and the specifics of the question. Some cases provide for compulsory making money into the country's budget, while others exempt from it.

What is the feature of the complaint, how is the case with the transfer of money so that the case is the appellate structure? When the process was lost, and the basic requirements were rejected by the judicial body, one can safely challenge the decision. To understand this issue will help detailed knowledge of laws and own rights.

Procedure

A statement in the appellate court will be able to see any person participating in the process. This is governed by Article 320 clause 1 of the GPKRF, including:

  • Plaintiffs;
  • Persons passing in the case as a defendant;
  • Prosecutors;
  • Russian citizens who appealed for justice with the aim of defending rights.

The appeal is recommended to be carried out through the magistrate, which was previously made verdict, which is described in Article 320 GPC. Any solution for a certain time can be challenged by writing a written complaint. Otherwise, it will enter into its legal force, according to Article 209 and 321 GPC. The basic requirements for the preparation of the appeal are set out in Article 269 and 270 of the Civil Procedure of Russia. At the end of the document, the applicant's signature is affixed, or its official representative acting on the basis of a proxy. The text of the complaint should contain the following information:

  • The complainant's main information and place of his residence;
  • The name of the state judicial instance, where the appeal will be sent;
  • The full name of the court in which the contested decree was obtained;
  • Data on participants present on the process;
  • List of attached documents;
  • Basic requirements with reference to articles of the law.

The filing of the complaint should be done in the manner prescribed by law. This will require the following package of documents:

  • Originals and copies of the court decisions to be challenged;
  • Payment documents indicating the payment of duties;
  • Power of attorney and other papers allowing the representative to speak on behalf of the applicant;
  • Confirming facts in writing that other participants in the process were officially notified of the appeal under consideration.

If at least one of the listed items is not fulfilled, the court will be forced to refuse to accept the application, referring to Article 272 of the Code of Civil Procedure. In addition, he may refer to Articles 263 and 264 of the Code of Criminal Procedure.

If there is no challenged solution or its copy, the appeal is allowed for consideration, since all the necessary data is in the materials. Otherwise, the state instance is provided with a period of which it will be possible to provide the necessary paper. It is important to understand that consideration of the appeal is temporarily suspended, and the court decision comes into force on the date of its adoption, on the basis of Article 329 of the Code of Civil Procedure.

Guided by Article 264 of the Code of Civil Procedure of the Russian Federation, the complaint may be observed in the following cases:

  1. The challenge act is not included in the list of solutions for which an appeal is possible.
  2. The judiciary addressed a representative who does not have legal rights to it.
  3. In the presence of the applicant's petition with a request to return the complaint.
  4. Passed deadlines established by law.
  5. Ignoring the circumstances that served as a reason for suspending the consideration of the case.

It should be borne in mind that the appeal associated with administrative issues does not require paying the state duty.

Payment of appeal and reason for this

The law obliges to pay state duty to revise the appeal of both individuals and legal entities. There is a category of people and subjects to which the size of the duty is reduced, or it is completely canceled:

  1. The person who applies demanding the protection of freedoms and the rights of children.
  2. The state authority defending his own interests in court.
  3. Citizens of the Russian Federation, which have limited opportunities and are disabled people of the first or second group.
  4. The applicant protecting his copyright.

Disabled from the payment of state duty and persons who submitted a statement on the protection of consumer rights. If at the moment the person is not able to pay the established amount of duty due to temporary material difficulties, it may be given a delay for a period of not more than 12 months.

Regarding criminal cases, as well as any other industries, the authority of the highest jurisdiction is the Supreme Court of Russia. It was on him that the obligation to clarify the procedure for calculating the state duty, its payment and challenge, which is written in Article 126 of the Constitution of our country.

A complaint against the decision of the court of first instance is filed by a person who participates in the case, or those whom it contributes in any way. Its examines the arbitration organ of appeal. Appeal is conducted under Article 188 of the APC RF:

  • The definition that prevents the consideration of the case when a refusal to delay or installment of state duty was issued;
  • The definition that is actually appealing for applicable legislative acts.

Practice shows that the definition of civil matters is good to appeal on their own. Here you can include the following types:

  • About the counter support, according to Article 94;
  • On the imposition of administrative recovery, then, when submitting the required papers and the evidence base, the deadlines and conditions prescribed by the legislation in Article 66 of the APC were violated;
  • On the abolition of providing the claim, or a refusal of this was issued - Article 97;
  • About the security of the claim, or failure to comply with this - Article 93 of the APC;
  • On the impossibility of resuming past deadlines, according to Article 117.

You can count on appeal throughout the calendar month from the moment when the court decision appeared. There are also exceptions, in particular, determining the return of the claim that prevents the promotion of the process to appeal which is given 10 days. The missed deadlines for submitting an application may be restored in cases provided by law:

  • Availability of good reason;
  • The appeal of the face within 180 days, from the approval of the applied act, which is written in Article 292 of Part 4 of the APC RF.

After the applicant agreed to pay the specified duty size, fulfilled the complaint, the court sends it a copy to all participants in the case. With disagreement of the second party with a general formulation of the issue, it is recommended to issue a written statement, with documentary confirmation of its position, on the basis of Article 325 of the Code of Civil Procedure.

State fee size

The court of any jurisdiction, including regional or district, is obliged to fulfill the notification of each participant about what a specific petition has received, the consideration of which will be carried out in a certain place and time. Appeal is submitted both to the complete solution of the instance and on its part. It is worth understanding that no her component will work until the end of its complete check is essentially.

The arbitral tribunal is endowed with the right to establish new facts and circumstances of the case, attachment of fresh evidence and conducting independent proceedings, under Article 327. The law is given to him:

  • Make a new decision, while annuling the definition of the magistrate lower jurisdiction;
  • Do not fulfill any edits for the decision of the lower court, while ensuring the appropriate definition;
  • Deactivate the appeals theses discussed by the court of low-level jurisdiction, due to the emergence of new circumstances and criteria.

The law provides for the payment of state duty, as well as for any other federal value service. Of course, many are interested in size and how to pay it right. The appeal to the judicial authority of general jurisdiction will require you to pay ½ from the established state duty for filing a non-property application. On average, for an individual, the amount amount is about 150 rubles, and for legal no more than 3,000 rubles.

The appeal of the decision of the district court is carried out through the writing of petitions in the regional, arbitration or supreme court. Deciding where to execute the application and how to pay state duty, it is recommended to send it with a receipt for the collection of the appeal. The depositing of the state duty on appeal can be avoided if the applicant relates to a preferential category of citizens. A vivid example of this example is to appeal against labor relations, when the employee is not obliged to pay anything, but the employer pays state duty in full.

Statement in arbitration

The appeal to the definition of the arbitral tribunal obliges the applicant to pay state duty. Its size depends on many factors. Upon completion of the trial, an authorized employee distributes the costs of the paid state fee between all participants in the proceedings. Perhaps the following decisions are possible:

  • Refusal to return the collection in the dissatisfaction of the complaint;
  • Reimbursement of losses for the application of the application, the size of which is determined from the receipt, the second party, if the arbitral tribunal satisfied the demand requested and canceled the decision of the first instance;
  • Dolly payment of duty in a situation where the appeal was satisfied in part.

By completing the claim, it is worthwhile to know that the arbitration provides for the payment of a fee, the size of which may vary, depend on the amount of the reimbursement and is 50%. Material claims in civil consideration of the case are determined by the total tariff net. The amount of payment in processes with intangible requirements for ordinary citizens of the Russian Federation, and for enterprises of any form of ownership is no more than 6,000 rubles.

Understanding the general judicial specificity, how to correctly submit an appeal statement, where to send it and how to fulfill the payment of services will avoid a number of problems and loss of time to challenge a specific solution.