How are court fees and costs determined?

Court fees and expenses are the court costs that a party to a lawsuit may be forced to pay. The costs can be divided into two groups – state fees and court costs. The fees and expenses of the case are determined based on the value of the claim. The value of the claim in cases of non-pecuniary damage is the amount sought.

What are the government fees?

Depending on the type of claim filed, the state fee is different - in some cases it is a fixed amount (simple fee), and in others it is a percentage of the material interest in the case (proportional fee). It is the duty of the court to determine the fees due and to instruct the party to pay them.

What happens if I don't pay state tax?

In some cases, the court may not take the appropriate action, for which a fee is due. In other cases, it may result, for example, in the termination of the case for the plaintiff or the non-admission of the counterclaim for the defendant.

And the expenses?

Costs are expenses related to the conduct of the case, which are also determined by the court. Most often, they are deposits for forensic examinations, for witness interrogations, for a special representative, for a guarantee, etc. The consequence of their failure to pay is most often the failure to perform the relevant action, for which the deposit determined by the court has not been paid.

The costs are borne by the party in whose interest the evidence is collected. For example, if the plaintiff has requested the appointment of a forensic expert to prove the mechanism of a road accident, but has not paid the deposit for it, the court will not instruct the expert to work on the tasks set by the plaintiff. This may lead to the claim being dismissed as unproven.

Can I get rid of fees and expenses?

Yes, in cases specified by law* – when the obligation to pay fees and/or expenses to the court would make it impossible for the country to obtain access to justice, by:

• claimants in maintenance claims;
• claims of workers arising from employment relationships;
• claims for damages from tortious injury resulting from crimes for which there is a final judgment or
• when the court recognizes that the person does not have sufficient funds to pay them.

How can I get rid of fees or charges?

• with an explicit request to the court. Until the completion of the proceedings on the submitted request for exemption from state fee, including by appealing the act by which the request was deemed unfounded, the court does not have the authority to require the person to pay the due state fee, or to return the submitted claim or complaint due to failure to comply with the instruction to pay the fee.
• At the request of the party, as in each specific case, the court takes into account certain prerequisites, including the health condition of the person who filed the application.

*Exemption from fees and expenses
Civil Procedure Code, Article 83. (1) Fees and expenses for the proceedings of cases shall not be paid:

• 1. by the plaintiffs – workers, employees and members of cooperatives, on claims arising from employment relationships;
• 2. by the plaintiffs – on claims for maintenance;
• 3. on claims filed by a prosecutor;
• 4. by the plaintiff – on claims for damages from tortious injury resulting from a crime for which a conviction has entered into force;
• 5. by the court-appointed special representatives of a party whose address is unknown.

(2) Fees and costs of the proceedings shall not be paid by individuals who are recognized by the court as not having sufficient means to pay them. In the application for exemption, the court shall take into account:

• 1. the income of the person and his/her family;
• 2. the financial situation, certified by a declaration;
• 3. marital status;
• 4. health status;
• 5. employment;
• 6. age;
• 7. other established circumstances.

In these cases, the costs of the proceedings are paid from the amounts provided for in the court budget.