Benefits with disabilities for the payment of state duty. Who are the benefits of the payment of state duty

When contacting the Supreme Court of Russia, the courts of general jurisdiction and to the world judges are able to not pay the state fee when filing of the statement. Such an opportunity is regulated by the tax legislation of the Russian Federation and is determined on the basis of the status of the contact person and the category of dispute. Let's find out how to get benefits for the payment of state duty in court.

Benefits for the payment of state duty for persons with special status

The Tax Code exempts from transferring the amount of state duty in federal budget Representatives of the following preferential categories of citizens:

• The heroes of the Russian Federation and the USSR, who received the Golden Star Award, full cavaliers of the Glory of all three degrees;
• disabled and veterans of the Great Patriotic War, prisoners of fascist concentration camps, prisoners of war.

Benefits on the payment of state duty when applying for a statement of claim

The Civil Procedure Code of Russia regulates cases of liberation from the payment of state duty when applying to the global judges, to the court of general jurisdiction and the Supreme Court of the Russian Federation, when it comes to:

• implementing legitimate rights and interests of people with disabilities (if the claim is not a property);
• protection of the rights of juvenile;
• adoption / adoption of orphans;
• payment of compensation for caused by moral and / or material damage that took place in connection with the criminal prosecution (about violation of freedoms and rights);
• about paying compensation for causing moral and / whether material damagewho had a place due to the offense;
• on compensation for damage caused by the death / death of the breadwinner;
• about compensation for damage to health by applying injury or acquisition of injury;
• pay an alimony content;
• recovery of benefits, salaries, other requirements related to the workflow.

Benefits on the payment of state duty depending on the price of the claim

If we are talking about consideration of civil and administrative cases, and at the same time the amount of the claim does not exceed 1 million rubles, state duty should not pay:

• pensioners who have complaints to the FIU and non-state PF;
• veterans of the fighting and military service, if it comes to the protection of their legal rights;
• associations and public organizations of people with disabilities;
• plaintiffs, initiated cases concerning consumer violations.

Privileges for the payment of state duty in other cases

The Commissioner for Human Rights in Russia is exempt from the transfer of state duty to the budget when submitting stages of verifying the decision that has entered into force, definition, decree or sentence of the court.

State duty is not paid:

• by the prosecutors that appeal with the statement of the protection of the interests, the rights and freedoms of people, regions, municipalities and the country;
• government agencies, regional authorities, as well as federal ministries, agencies and services, acting as the plaintiff;
• when considering claims for consumers.

In addition to the above-mentioned situations current legislation Russian Federation All allowed not to pay state duty in the following cases:

1. If we are talking about submission to the authority of the authority to use and dispose of the results of intellectual work in cases where the third party has a monopoly right of the invention.
2. When initiating an administrative case on the subject of forced hospitalization of a citizen in a psychoneurological dispensary and / or examination for legal capacity.
3. With the analysis of cases about the challenge of refugee recognition of a citizen and members of his family, refugees and forced migrants.
4. When proceedings about the application of legislative acts on the restoration of citizens recognized by the victim of repression during the USSR (but not in the case of the proceedings between the victims of repression and their successors).
5. When handling a claim individualsWho wishes to submit a complaint in the procedure for a criminal proceedings when it concerns the legality of compensation for property damage caused due to the perfect crime.
6. When submitting a complaint under the administrative violation proceedings, applying for appeal (without) action bailiff executive proceedings, applying administrative claims, submitting a private complaint to the court decision.
7. Upon receipt by the court of a statement with a request to postpone the execution of a court decision on the case, on the revision of the correspondence decision, on the turn of the execution of a court decision, on the opening of a new proceedings due to identifying new circumstances in the case.
8. When submitting a cassation or appeal on a divorce case of the plaintiff or the defendant (both parties are exempt from the duty).
9. When issuing papers to legal entities and individuals in criminal cases and civil cases about the payment of an alimony content of dependents.

Legislative acts on the topic

Typical errors

Error: The association of persons with disabilities, when submitting an application to the court paid a state fee.

Payment of state duty produced by individuals and legal entities in different cases: when contacting the courts -, general jurisdiction; for committing and registration of acts of civil status; As well as in other cases requiring. The dimensions of the gospel paid depend on the nature of the appeals of citizens and legal entities, In some cases, the law provides the possibility of a deferment (installments) of payment of state duty. But besides this, the tax legislation has rules defining benefits for some categories of citizens by payment of a particular collection. First of all, we consider the benefits that are provided for certain groups of citizens and legal entities. And then, point to those benefits that are used when contacting court of Arbitration.

Benefits on the payment of state duty for certain categories of citizens and legal entities

So, the tax legislation is established norms ( article 333.35 of the Tax Code of the Russian Federation), providing benefits to pay certain types of state duty for certain categories of citizens and legal entities. For convenience, we divide them conditionally into two types: benefits for individuals and benefits for legal entities. Consider first the benefits provided to individuals. So, from paying certain stately, such categories of physically faces are exemptas:

Heroes of the Soviet Union, the heroes of the Russian Federation and the full Cavalers of the Order of Glory; Participants and disabled of the Great Patriotic War - state duty - on cases considered in the courts of general jurisdiction, magistrates, in the Constitutional Court of the Russian Federation, when contacting the authorities and / or to officialswhich makes notarial actions and in the authorities carrying out state acts of civil status

Citizen of the Russian Federation, which is The only author of the computer program, the database, the topology of the integral chip and the copyright holder to it, requested the certificate of registration in its name, in case it is a veteran of the Second World War, a disabled person, students (pupil) of educational institutions - state database for registration of computer, databases , the topology of the integrated circuit (other registrations - p.P. 1 - 3, 5 and 6 p.1 Art.333.30 of the Tax Code of the Russian Federation). This benefit is also provided by the authors team, copyright holders, each member of which is a disabled person or a participant in the Second World War or PMI disabled.

Recognized by poor in accordance with the LCD of the Russian Federation - state duty for state registration Rights on real estate, real estate.

Providing benefits to the above persons is carried out on the presentation of relevant documents and certificates. The authors of computer programs are provided on their petition, as well as based on the presentation of relevant documents.

Some legal entities are exempt from paying certain types of state duty. These include government extrabudgetary funds, certain courts, some editors of the media, government bodies of all levels, the Central Bank of the Russian Federation, state museums, archives and library. Privileges provided to these persons concern payment of fees for certain registration and legally significant actions; For sending requests to the Constitutional Court of the Russian Federation and the constitutional courts of subjects of the Russian Federation, etc. Since these benefits are provided with a rather specific circle of legal entities, we will not consider in detail this issue.

Same, article 333.35 of the Tax Code of the Russian Federation Contains an indication of general cases in which state duty is not paying:

For issuing a passport of a citizen of the Russian Federation to orphans and children left without parental care

For the issuance of work permit (invitations to enter, extend the validity period of the visa) to a foreign citizen on the employment contract, if he participates in the work "Skolkovo"

For certain types of state registration of rights, with respect to immovable property, which is in state or municipal property; Other, specific types of registration of rights (their termination) for real estate

For making certain changes in the Unified Law state Register rights to real estate and transactions with it

For the commissioning of registration and other legally significant actions in connection with the XXII Olympic Winter Games and the XI Paralympic Winter Games of 2014 in Sochi

For registration and other legally significant actions related to the ownership of the Russian Federation, the turnover and clinical studies of drugs; For the station of the apostille on the requested consulates and diplomatic missions.

Thus, it can be seen that cases in which individuals are exempt completely from the payment of state duty, not so much. At the same time, in addition to these general situations, which give an indication of legislation, when contacting a specific instance, there are their own benefits for the payment of state duty. Consider in what cases benefits are provided when contacting the arbitration court.

Benefits when contacting Arbitration Court

Article 333.37 of the Tax Code of the Russian Federation Sets the benefits provided when applying for arbitration courts. Consider who the data is provided. benefits on the payment of state duty. From the payment of state duty on cases considered in the arbitration courts, they are exempt:

State duty is called federal collectionestablished by the Tax Code of Russia. Payment of this harmony produce legal entities and individuals in various cases, for example, when applying (global, the court of general jurisdiction, arbitration). In addition, it is required to perform the actions of notarial, registration of acts of civil status, as well as in other states that require. Registration cases. The size of the proposed state duty depends on the nature of the appeal of legal entities and citizens.

In some cases, the law is given the possibility of installment or delay, as well as complete release from payment. In this article, we will consider which benefits for the payment of state duty can be provided with and what categories of citizens.

Benefits provided to certain categories of citizens to pay stately

Tax legislation contains rules for the provision of benefits to pay some types of fees to certain categories of legal entities and citizens. First, it is worth considering the benefits of the payment of state duty, provided to individuals physical, since they are much larger. It is entitled to:

• Low-income citizensrecognized as such as the Housing Code of the Russian Federation. IN this case The state duty is not paid for the alienation of real estate, registration of the rights to the real estate of state-owned.
• Authors of cultural property Have benefits to state duty on the right of temporary export or import of these values.

Who else from individuals can get benefit?

Benefits are also provided for the payment of state duty veterans of hostilities, the heroes of the Russian Federation and the Soviet Union and the full cavaliers of the Order of Glory, disabled people and participants of the Great Patriotic War during payment of the Constitutional Court, the World Court, the Court of General Jurisdiction. When appeals to the official or to organs that offer notarial services, they are registered with civil status acts, and fees are not paid.

In addition, a citizen of Russia receives benefits - the only author of the program for the database, computer, the topology of the integral chip and its copyright holder, requesting the registration certificate in its name if he is a disabled, veteran of the Second World War, pupil or student of the educational institution. The team of copyright authors may be claimed for benefits, if the disabled person or the participation of the Second World War is his every member.

Implementation of the provision of benefits for the payment of state duty for the above persons occurs during the presentation of the relevant IDs and documents. If there is no confirmation, the payment of the collection will be fully implemented on the general basis.

Privileges for state duty provided to legal entities

The payment of certain types of state duty does not produce some legal entities (enterprises, organizations, institutions) to which libraries and archives include extrabudgetary state funds, state museums, some courts, Central bank RF, some media, state bodies. The authorities of any level. Benefits that are provided to these persons relate to pay for fees for specific legally significant and registration; Directions of requests to the Russian Constitutional Court, Constitutional courts of subjects of Russia and other instances. In connection with the provision of such benefits for a specific circle of Jurlitz, this issue will not be considered in detail.

Benefits on the payment of state duty in the Tax Code of the Russian Federation

Article 333.35 of the Russian Tax Code contains an indication of general cases when people do not pay the state fee. So, it can not be paid if carried out:

• Issuance of an invitation to a foreigner to enter Russia or a person without citizenship for learning.
• The issuance of a passport of a citizen of Russia to children devoid of parental care, and orphans.
• Issuing a work permit (visa extension, an invitation to enter) a foreigner in connection with labor contract In case of participation in the work at the Skolkovo facility.
• Amendments to a single state. Register of rights to real estate and transactions with it defined by law.
• The commission of various actions that are legally related to the 2014 Winter Olympic and Paralympic Games in Sochi.
• Various legally significant and registration actions related to clinical studies and turnover medicines, ownership of Russia.
• Putting on the documents requested by diplomatic missiles and consulates.

Benefits when registering real estate

What types of benefits when paying state duty during the registration of real estate exist? This includes certain types of state. registration of rights in relation to immovable property in municipal or state ownership; Other types of cessation of rights (registration) for real estate, as well as state registration of the mortgage, which arose by law.

All this indicates that there is not so many cases of complete liberation of individuals from payment. But there is a special instance, when paying for the collection in which the benefits are relying in a very large circle of persons. This is the court. Most often, the plaintiffs are exempt from paying, that is, those people who file a claim for the proceedings of any dispute in court. Of course, the beneficiaries are disabled, veterans, pensioners, but not only they. More about it - hereinafter.

Benefits on the payment of state duty in court

Often, citizens of the Russian Federation have to go to court to resolve various disputes. This is quite expensive because it is necessary to pay state fees. But in some cases it can be avoided. We will understand more about this relevant to date.

In the Russian Tax Code, benefits are established on the payment of state duty in the arbitration court. Who is released from the need to pay in the state treasury? These are the following categories:

And some more beneficiaries

Benefits also have the following categories:

• The claimant in the case with compensation for harm, which led to injury or other health damage, as well as the death of the breadwinner.
• The plaintiff in the case with compensation for the harm of the property and (or) of a moral nature, which is caused due to the crime.
• The claimant in the case of compensation for harm (property and (or) moral), which is caused due to the fact that there was a criminal prosecution, including in matters of restoring rights and freedoms.
• Individuals with a cassation complaint against criminal cases on the correctness of the recovery of property harm, which is caused due to the crime that has happened.
• Individuals with a statement for adoption and (or) adoption of a child through court.
• Migrants and refugees (forced) who complain about refusal to register their status.
• Applicants on the need for compulsory hospitalization in a psychiatric hospital and (or) forced psychiatric examination.
• Individuals who pay for the fee for obtaining criminal and affairs documents related to the recovery of alimony.
• Veterans of the Patriotic War, Veterans military service, war veterans when contacting the protection of their rights, which are established by law.

There are also benefits to persons with disabilities 2 groups for the payment of state duty, if they act as the plaintiffs. The listed persons are exempt from the payment when applying the property claim or containing a one-time demands of non-property and property character. At the same time, the cost of the claim should not exceed 1 million rubles.

Cases when the cost of the duty decreases

If the cost of the claim exceeds one million rubles, the amount of duty is an amount reduced by the amount of state duty to be paid at the cost of the claim in one million rubles:

• 1 000 001-2 000 000 - 23 000 rubles. and plus one percent of the amount that exceeds one million;
• more than two million - 33,000 rubles plus half of the percentage of the amount that exceeds two million, but not more than 200,000.

Thus, we reviewed when benefits are provided for the payment of state duty to court. Next, we will analyze who benefits the state duty for notarial services.

List of fault persons when paying notary services

The following persons claim to receive benefits:

• Disabled in the first two groups. Benefits Disabled state duty payments are provided in 50% for all types of notarial services. Except is the alienation of real estate or transport. State duty is not charged with people who live in boarding schools for people with disabilities.
• Individuals. They are provided with benefits for the certificate of testament of property in favor of the Russian Federation, its subjects or / and municipalities, as well as for issuing certificates that confirm the right to inheritance under the inheritance procedure:
  • land plots on which residential buildings, residential buildings, apartments, rooms or shares of the specified real estate are located, in the case of the cohabitation of persons with the testator for the death day of the second and continuing to live in the house, room or apartment after his death;
  • property of citizens who died in the Imposition to fulfill public or state duties or when performing a long citizen of Russia related to the salvation of life, law enforcement and state. property, including the property of persons who were subjected to a political repression (to the victims also include persons who died before the expiration of the year after contusion or injury, diseases that were obtained due to the above circumstances);
  • bank deposits, finance with individuals accounts in banks, insurance amounts of property and personal insurance agreements, amounts for labor, copyright and remuneration, which are provided for in the legislation of Russia for intellectual property, pensions.

Benefits at the payment of state duty for inheritance for heirs who have not achieved adult age on the day of its discovery, and citizens with serious mental disorders with guardians installed on them in the manner that is regulated by the legislation of the Russian Federation.

They are exempt from making the state duty for obtaining a certificate of the right to inheritance in any case, regardless of the type of property.

Who else is privileged benefits?

• The benefits of the payment of state duty are provided to the heirs of those who served in the internal affairs bodies, servicemen of internal troops, which are directly related to the federal executive authority authorized in the field of internal affairs, as well as servants in the Armed Forces of the Russian Federation. Benefits are laid in the event that these citizens were insured in order of personal compulsory state insurance and died during the performance of official activities. Or died before the expired one year after dismissal from service due to contusion or injury, diseases that were obtained during the passage of the service. The heirs do not pay for the evidence of the inheritance of the insurance amounts of personal compulsory state insurance.

We examined to whom benefits are provided for the payment of state duty when contacting the court (arbitration), as well as during registration and notarial actions.

1. From paying the state duty on cases considered Supreme Court Of the Russian Federation in accordance with the civil procedural legislation of the Russian Federation, the courts of general jurisdiction, the magistrates, are exempt: 1) the plaintiffs - on the claims for recovery wages (monetary content) and other requirements arising from labor relations, as well as on claims for the recovery of benefits; 2) plaintiffs - on claims for the recovery of alimony; 3) plaintiffs - on claims for compensation for harm caused by injury or other damage to health, as well as the death of the breadwinner; 4) plaintiffs - on claims for compensation of property and (or) moral damage caused by a crime; 5) Organizations and individuals - for issuing documents to them in connection with criminal cases and cases of the recovery of alimony; 6) Parties - when applying for appeals, cassation complaints about claims to terminate a marriage; 7) Organizations and individuals - when submitted to the court: Decrees on a delay (installment) execution of decisions, about changing the method or order of execution of decisions, on the turning of the execution of the decision, restoring the missed deadlines, revising the decision, the definition or decree of the court for newly discovered circumstances, On the revision of the correspondence decision by the court to bring this decision; complaints of the actions (inaction) of the bailiff, as well as complaints of decisions on administrative offenses issued by authorized by the authorities; private complaints of court definitions, including the provision of a claim or the replacement of one type of provision to others, on the termination or suspension of the case, refusal to add or decrease the size of a fine imposed by the court; 8) individuals - when submitting cassation complaints in criminal cases, in which the correctness of the recovery of property harm caused by a crime is disputed; 9) prosecutors - according to statements in defense of the rights, freedoms and legitimate interests of citizens, an indefinite circle of persons or interests of the Russian Federation, the constituent entities of the Russian Federation and municipalities; 10) plaintiffs - on claims for compensation for property and (or) moral damage caused by criminal prosecution, including on the restoration of rights and freedoms; 11) Rehabilitated persons and persons recognized as affected by political repression - when contacting issues arising from the application of legislation on the rehabilitation of victims of political repression, with the exception of disputes between these persons and their heirs; 12) forced displaceders and refugees - when applying for a refusal to refuse the application for the recognition of their forced migrants or refugees; 13) The authorized federal executive body for control (supervision) in the field of consumer protection (its territorial bodies), as well as other federal executive bodies, carrying out functions to control and oversight in the protection of consumer rights and safety of goods (works, services) (their territorial authorities), organs local governments, public associations of consumers (their associations, unions) - on the claims presented in the interests of the consumer, consumer groups, an indefinite circle of consumers; 14) individuals - when submitting applications for adoption and (or) adoption of the child; 15) plaintiffs - when considering cases of the protection of the rights and legitimate interests of the child; 16) Commissioner for Human Rights in the Russian Federation - when submitting a petition for verification of the decision that has entered into legal force, sentence, determination or judgment of the court or the judge's decision; 17) the plaintiffs - on the claims of a non-property nature associated with the protection of the rights and legitimate interests of persons with disabilities; 18) Applicants - in cases of hospitalization of a citizen in medical organizationproviding psychiatric assistance in stationary conditions, in an incomplete manner and (or) psychiatric examination in an involuntary manner; 19) government agencies, local governments, speakers in cases considered by the Supreme Court of the Russian Federation, the courts of general jurisdiction, magistrates, as plaintiffs or defendants; 20) does not apply from January 1, 2013; 21) The authors of the result of intellectual activity - on claims to provide them with the right to use the result of intellectual activity, the exclusive right to which belongs to another person (forced license). 2. From the payment of state duty on cases considered by the Supreme Court of the Russian Federation in accordance with the civil procedural legislation of the Russian Federation, the courts of general jurisdiction, magistrates, taking into account the provisions of paragraph 3 this article Disabled: 1) Public organizations of persons with disabilities, acting as the plaintiffs and respondents; 2) plaintiffs - disabled I and group II; 3) Veterans of the Great Patriotic War, war veterans, military service veterans, adding the protection of their rights established by the legislation on veterans; 4) plaintiffs - on claims associated with violation of consumer rights; 5) Plaintiffs - pensioners receiving pensions appointed in the manner prescribed by the Pension Legislation of the Russian Federation - on the claims of a property nature to the Pension Fund of the Russian Federation, non-state pension funds Either the federal executive bodies carrying out the pension provision of persons held by military service. 3. When submitted to the courts of general jurisdiction, as well as the global judges of the claims of the property and (or) claims containing simultaneously the requirements of the property and non-property, the payers specified in paragraph 2 of this article are exempt from the payment of state duty in case The price of the claim does not exceed 1,000,000 rubles. In case the price of the claim exceeds 1,000,000 rubles, these payers pay the state duty in the amount calculated in accordance with sub-clause 1 of paragraph 1 of Article 333.19 of this Code and reduced to the amount of state duty to be paid at the price of a claim 1,000,000 rubles.

Counseling lawyer under Art. 333.36 of the Tax Code of the Russian Federation

Roman is flawless

Hello, I apply to the Court of Son 18l. incapable, disabled person 2 gr. Childhood, whether to pay the state to the court.

Valery Titova

It is necessary to pay state duty when submitting a cassation complaint to the Supreme Court for Administrative Violation within the framework of the Administrative Procedure Code of the Russian Federation. Thanks

• The answer to the question is given by phone

Alexey GHPPA

I am a pensioner by age. Challenging the inaction of bailiffs of executives. Cargo Court requires payment of duty

• The answer to the question is given by phone

• The answer to the question is given by phone

Lilia Ershova

what is the world court?

• The magistrates are judges of the general jurisdiction of the constituent entities of the Russian Federation and are included in the Unified Judicial System of the Russian Federation. The powers, the procedure for the activities of global judges and the procedure for creating posts of world judges are established by the Constitution ...

Olesya Smirnova

What courts exist? What courts exist in modern Russia? For example, the courts of jury, etc.

• Lawyer's answer:

  Article 4. Courts in the Russian Federation 1. Justice in the Russian Federation is carried out only by the courts established in accordance with the Constitution of the Russian Federation and this Federal Constitutional Law. The creation of emergencies and courts not provided for by this Federal Constitutional Law is not allowed. 2. In the Russian Federation there are federal courts, constitutional (authorized) courts and global judges of the constituent entities of the Russian Federation, which are the judicial system of the Russian Federation. 3. The federal courts include: the Constitutional Court of the Russian Federation; Supreme Court of the Russian Federation, Supreme Courts of the republics, regional and regional courts, the courts of the cities of the federal significance, the courts of the Autonomous Region and autonomous districts, district courts, military and specialized courts that make up a system of federal courts of general jurisdiction; Supreme Arbitration Court of the Russian Federation, federal arbitration courts of districts (arbitration courts), arbitration courts, arbitration courts of the constituent entities of the Russian Federation and specialized arbitration courts that make up a system of federal arbitration courts; (as amended by federal constitutional laws of 04.07.2003 N 3-FCZ, from 06.12.2011 N 4-FKZ) (see text in the previous edition) Disciplinary Judicial Presence. (The paragraph was introduced by the Federal Constitutional Law of 09.11.2009 N 5-FKZ) 4. The courts of constituent entities of the Russian Federation include: constitutional (authorized) courts of constituent entities of the Russian Federation, magistrate judges, which are judges of the general jurisdiction of the constituent entities of the Russian Federation.

Nikita Dolgopolsky

tell me what to do? I want to file a statement of claim, but I can not pay the state duty, in connection with the difficult floor of the situation. dispute due to the land of the site, as the duty understood in such cases is determined by the outcome of its value and then I definitely do not pull

• Lawyer's answer:

  In accordance with Art. 89 "Civil Procedure Code of the Russian Federation" dated November 14, 2002 No. 138-FZ is provided in cases and manner as established by the legislation of the Russian Federation on taxes and fees. Article 90 Code of Civil Procedure of the Russian Federation also stipulates that the grounds and procedure for granting a deferment or installment of the payment of state duties are established in accordance with the legislation of the Russian Federation on taxes and fees. Thus, in any case, it is necessary to be guided by the "Tax Code of the Russian Federation (part of the second)" of 05.08.2000 No. 117-FZ. As well as privileges when contacting the courts of general jurisdiction and to the global judges are provided for articles 333.35 and 333.36 of this Code. There the list is quite volume, so I will not lead it. It says that the delay or installment of the payment of state duty is provided at the request of the interested person within the period established by paragraph 1 of Art. 64 of the same code. The amount of state duty in respect of which a delay or installment is granted, interest is not charged during the entire period on which the delay or installment is granted. In addition, paragraph 2 of Art. 333.20 The Tax Code of the Russian Federation provides that the courts of general jurisdiction or magistrate judges, based on the property of the payer, has the right to reduce the amount of state duty or delay (bypass) to pay it in the manner prescribed by Art. 333.41 of the same code. At the same time, on the basis of paragraph 2.2 of the definitions of the Constitutional Court of the Russian Federation of 13.06.2006 No. 272-O, the courts of general jurisdiction or world judges have the right to fully free the individual, which is in an extremely heavy property situation, from the payment of state duty, if a different decrease in the size of the state Fees or the provision of installments (deferments) by payment does not ensure the right of the specified person on judicial protection. Taking into account the above if an individual is in an extremely serious property situation and does not have the opportunity to pay the state fee for submitting a relevant statement to the court to the court of general jurisdiction or the global judge of the relevant statement, then he needs to apply to the court or to the world judge with a request for exemption from payment State duty for committing this action. At the same time, documents must be applied to such a statement, irrefutable indicating the emergence of such a heavy material situation.

Love Komarova

do it take from pensioners a state duty for the pdach of the lawsuit and how much

• Lawyer's answer:

  Article 333.35. Benefits for individual categories of individuals and organizations 1. From paying the state duty established by this chapter, they are exempt: 11) Individuals - Heroes of the Soviet Union, the heroes of the Russian Federation and the full Cavalers of the Order of Glory - on cases considered in the courts of general jurisdiction, world judges , in the Constitutional Court of the Russian Federation, when applying to bodies and (or) to officials committing notarial actions, and bodies carrying out state registration of acts of civil status; 12) individuals - participants and disabled of the Great Patriotic War - on cases considered in the courts of general jurisdiction, magistrates, in the Constitutional Court of the Russian Federation, when contacting bodies and (or) to officials committing notary actions and in the authorities, carrying out state registration of acts of civil status; 14) an individual is a citizen of the Russian Federation, which is the only author of the computer program, database, the topology of the integral chip and the copyright holder on it, requested a certificate of registration in its name, in case such an individual is a veteran of the Great Patriotic War, disabled person, Students (students) of educational institutions (regardless of their forms of ownership), - for the accomplishment of actions provided for by subparagraphs 1 - 3, 5 and 6 of paragraph 1 of Article 333.30 of this Code. (as amended by the Federal Law of December 27, 2009 No. 374-ФЗ) of the benefit stipulated by this subparagraph, also a team of authors, copyright holders, each member of which is a disabled person or a participant in the Great Patriotic War, or the disabled of the Great Patriotic War; 15) individuals recognized by poor in accordance with Housing Code Of the Russian Federation, for the accomplishing actions provided for by sub-clause 22 of paragraph 1 of Article 333.33 of this Code, with the exception of state registration of restrictions (encumbrances) of real estate rights. (PP. 15 introduced by the Federal Law of December 31, 2005 No. 201-ФЗ, as amended by Federal Law of 05.04.2010 N 41-FZ) 2. The basis for providing benefits to individuals listed in subparagraphs 11 and 12 of paragraph 1 of this article, is a certificate of the established sample. The benefits provided for by subparagraph 14 of paragraph 1 of this article are provided at the petition of the author (authors). The basis for the provision of benefits are copies of the relevant documents: certificates of veteran of the Great Patriotic War (participant in the war), certificates of medical and social expertise, a document issued by an educational institution. The petition for the provision of these benefits is submitted instead of a document confirming the payment of state duty, if the benefit is exemption from its payment, or together with the specified document. (as amended by Federal Law of 27.12.2009 N 374-FZ)

Stepan Tivunov

The statement of claim for compensation for the health of the accident caused by the accident, what size of the state duty?

• Lawyer's answer:

  No. On this cat. The plaintiffs are exempt from the payment of GP. Article 333.36. Benefits when contacting the courts of general jurisdiction, as well as to the global judges 1. From the payment of state duty on cases considered in the courts of general jurisdiction, as well as the global judges, are exempt: 1) plaintiffs - on claims for the recovery of wages (monetary content) and other requirements arising from labor relations, as well as on claims for the recovery of benefits; 2) plaintiffs - on claims for the recovery of alimony; 3) plaintiffs - on claims for compensation for harm caused by injury or other damage to health, as well as the death of the breadwinner;

Elena Romanova

The definition of the magistrate needs to appeal against a private complaint, does the duty pay?

• Lawyer's answer:

  Article 331. The right to appeal to the definition of the magistrate 1. The definition of the magistrate can be appealed to the district court by the parties and other persons participating in the case, separately from the court decision, and the prosecutor may be brought in the event that: 1) is provided for by this Code ; 2) The definition of the magistrate eliminates the possibility of further traffic. 2. For the remaining definitions of the magistrate, with the exception of those specified in the first part of this article, private complaints and presentation of the prosecutor are not submitted, objections regarding these definitions can be included in the appeal, representation. Article 88. Judicial expenses 1. Cost expenditures consist of state duty and costs related to the consideration of the case. 2. The size and procedure for payment of state duties are established by federal laws on taxes and fees. The regulations contained in Article 89 of the State Code of the Russian Federation, which do not allow the courts of general jurisdiction and the global judges at the request of individuals a decision on exemption from the payment of state duty, if a different decrease in the size of the state duty, the provision of a delay (installments) of its payment does not provide unhindered access For justice, by virtue of legal positions expressed by the Constitutional Court of the Russian Federation in the Ordinations of May 3, 1995 N 4-P, dated July 2, 1998 N 20-P, dated April 4, 1996 N 9-P, dated March 12, 2001 N 4-P, determining on May 12, 2005 N 244-O, loss of force and cannot be applied by ships, other bodies and officials (definition of the Constitutional Court of the Russian Federation dated 13.06.2006 N 272-O). Article 89. Benefits for the payment of state duty (as amended by the Federal Law of 02.11.2004 No. 127-ФЗ) benefits for the payment of state duty are provided in cases and procedure that are established by the legislation of the Russian Federation on taxes and fees.

Maria Sobolev

Who chooses the Supreme Judge?

• Federal Constitutional Law of February 7, 2011 N 1-FKZ "On the courts of general jurisdiction in the Russian Federation" Article 8. The procedure for the formation of the Supreme Court of the Russian Federation judges of the Supreme Court of the Russian Federation are appointed ...

Alla Bolshakova

which court is above the regional?

• Lawyer's answer:

  Such is the Supreme Court of the Russian Federation, read below - everything is clear about the Federal Constitutional Law of February 7, 2011. On the courts of general jurisdiction in the Russian Federation: Article 1. The system of courts of general jurisdiction 1. The system of courts of general jurisdiction in the Russian Federation is the federal courts of general jurisdiction and the courts of general jurisdiction of the constituent entities of the Russian Federation. 2. The federal courts of general jurisdiction include: 1) the Supreme Court of the Russian Federation; 2) Supreme Courts of the republics, regional courts, the courts of the cities of the federal significance, the court of autonomous region, the courts of autonomous districts; 3) district courts, urban courts, interdistrict courts (hereinafter - district courts); 4) military courts, powers, the procedure for the formation and activities of which are established by the Federal Constitutional Law; 5) Specialized courts, powers, the procedure for the formation and activities of which are established by the Federal Constitutional Law. 3. To the courts of general jurisdiction of the constituent entities of the Russian Federation include global judges. Article 9. Competence of the Supreme Court of the Russian Federation 1. The Supreme Court of the Russian Federation is the highest judicial body for civil, criminal, administrative and other cases, assigned to the competence of the courts of general jurisdiction, implements the judicial supervision of their activities provided for by the Federal Law of Procedural Forms on issues judicial practice. 2. The Supreme Court of the Russian Federation within its competence considers cases as a court of first, appellate, cassation, supervisory instance and on new or newly discovered circumstances in the manner prescribed by federal laws.

Kristina Nikolaev

Judicial system of the Russian Federation .. Which of the following authorities are included in the judicial system of the Russian Federation: 1) District Court 2) Court of the Federal Body 3) International Commercial Arbitration 4) Federal Arbitration Court of District 5) Military Court of the Troops Group 6) Constitutional Court of the Republic of Buryatia 7) Arbitration Court at the NSO Chamber of Commerce and Industry? Thank you!

• Lawyer's answer:

  Art. 4 of the Law on the "Judicial System" "to federal courts include: the Constitutional Court of the Russian Federation; Supreme Court of the Russian Federation, Supreme Courts of the Republics, regional and regional courts, courts of cities of federal importance, the courts of the autonomous region and autonomous districts, district courts, military and specialized The courts that make up the system of federal courts of general jurisdiction; The Supreme Arbitration Court of the Russian Federation, federal arbitration courts of district (arbitration courts), arbitration courts, arbitration courts of constituent entities of the Russian Federation, which are a system of federal arbitration courts. The courts of constituent entities include: constitutional ( Charter) courts of constituent entities of the Russian Federation, magistrate judges who are judges of the general jurisdiction of the constituent entities of the Russian Federation.

Dmitry Yagunov

Help please feel very necessary. Part 3 Art. 118 of the Constitution of the Russian Federation introduces the concept of the judicial system of the Russian Federation. What are the concept, the elemental structure of the judicial system for the existing legislation? Make a list of federal constitutional and federal laws on the judicial system. What is their ratio?

• Lawyer's answer:

  The judiciary is carried out through constitutional, civil, administrative and criminal proceedings. (Ch. 2, Art. 118 of the Constitution of the Russian Federation). Article 4 FKZ dated December 31, 1996 N 1-FKZ "On Judicial System of the Russian Federation": 1. Justice in the Russian Federation is carried out only by the courts established in accordance with the Constitution of the Russian Federation and this Federal Constitutional Law. The creation of emergencies and courts not provided for by this Federal Constitutional Law is not allowed. 2. In the Russian Federation there are federal courts, constitutional (authorized) courts and global judges of the constituent entities of the Russian Federation, which are the judicial system of the Russian Federation. 3. The federal courts include: the Constitutional Court of the Russian Federation; Supreme Court of the Russian Federation, Supreme Courts of the republics, regional and regional courts, the courts of cities of the federal significance, the courts of the autonomous region and autonomous districts, district courts, military and specialized courts that make up a system of federal courts of general jurisdiction; The Supreme Arbitration Court of the Russian Federation, federal arbitration courts of districts (arbitration courts), arbitration courts, arbitration courts of the constituent entities of the Russian Federation, which make up a system of federal arbitration courts. (as amended by the Federal Constitutional Law of 04.07.2003 N 3-FKZ) 4. To the courts of constituent entities of the Russian Federation include: constitutional (statutory) courts of constituent entities of the Russian Federation, magistrate judges who are judges of the general jurisdiction of the constituent entities of the Russian Federation. Note: Arbitration courts are not based on the judicial system of the Russian Federation, but their decisions are recognized by the parties on the arbitration agreement. Federal laws regulating the process of legal proceedings: APK, Code of Criminal Procedure, Code of Code of Code. I think, if you strive to become a good lawyer, you will write the rest.

Ksenia Gerasimov

Please tell me when divorced 30 thousand rubles or not,

• no 400 with each no, so far the current is 20 thousand, or 25. I do not remember article 333.19. The size of the state duty in cases considered by the Supreme Court of the Russian Federation, the courts of general jurisdiction, the magistrates 1. on affairs ...

• • Lawyer's answer:

    The payment of state duty is released: 1. Individuals - Heroes of the Soviet Union, the heroes of the Russian Federation and the full Cavalers of the Order of Glory - on cases considered in the courts of general jurisdiction, magistrates, in the Constitutional Court of the Russian Federation, when contacting the authorities and (or) officials committing notarial actions and bodies carrying out state registration of acts of civil status; 2. Individuals - participants and disabled of the Great Patriotic War - on cases considered in the courts of general jurisdiction, magistrates, in the Constitutional Court of the Russian Federation, when contacting bodies and (or) to officials committing notarial actions, and in organs, carrying out state registration of acts of civil status; 3. Individuals recognized by poor in accordance with the Housing Code of the Russian Federation - for the state registration of rights, restrictions (encumbrances) of real estate rights, real estate alienation agreements, with the exception of state registration of restrictions (encumbrances) of real estate rights. The basis for the provision of benefits to individuals is the certificate of the established sample, according to the poor, the document issued in the prescribed manner. From the payment of state duty for the commission of notarial actions is exempt: persons with disabilities I and II groups - by 50 percent for all types of notarial actions;

Polina Alekseeva

Invangled, feast! Tell me, is the courts of general jurisdiction and the supreme courts of subjects not the same thing?

• not!! ! Supreme Good

Valentin Malyukov

Is the tax on the judge and assistant tax?

Valentina Ivanova

Benefit, claim. Whether the human benefit of the state duty, established by paragraphs, is distributed to the Center for Social Service. 19 p. 1 Art. 333.36 of the Tax Code of the Russian Federation

• Lawyer's answer:

  Article 333.36. Benefits when contacting the courts of general jurisdiction, as well as to the global judges 1. From the payment of state duty on cases considered in the courts of general jurisdiction, as well as world judges, are exempt: ... 19) state bodies, local governments, speakers considered in the courts of general jurisdiction, as well as world judges, as plaintiffs or respondents; If you refer to a specific point of law, then you know you? Then what is the question? Or you do not know whether this "Center for Social Maintenance Pass state body or local self-government body? On the one hand, it is not. But this does not mean anything. If this center is established by some businessman for commercial activity According to the provision of services to the population, then a clear thing, this benefit does not apply to it. And if he, for example, structural subdivision The local administration, of course, on the other hand, is also not, because: the federal law from 06.10.2003 N 131-FZ "On general principles Organizations of local self-government in the Russian Federation "... Article 2. Basic terms and concepts ... Local governments - elected directly by the population and (or) formed by the representative body municipal Education organs endowed with their own authority to address local issues; But on the third party, this center will be submitted signed by chapter local administration, not on your own behalf and then the benefit spreads. But not the center itself, because the plaintiff will be the administration.

Victoria Denisova

what is the judicial authority? Legislative? Executive?

• The judiciary is a judicial system - the courts of general jurisdiction: world judges, interdistrict courts, courts of subjects of the federation, Supreme Court ... Arbitration Courts of different levels (resolution of disputes between businessperson) constitutional ...

Claudia Sokolova.

Do I need to pay a duty when submitting a claim for the establishment of paternity and the recovery of alimony? Federal Law "On Basic Guarantees of the Rights of the Child in the Russian Federation" - Article.23 of paragraph 2. When considering cases for the protection of the rights and legitimate interests of the child, the state duty is not charged. Or did this law have already been canceled?

• Lawyer's answer:

  Article 333.36 of the Tax Code of the Russian Federation Benefits when contacting the courts of general jurisdiction, as well as to the global judges of Art. 1. From paying the state duty on cases considered in the courts of general jurisdiction, as well as the world judges, are exempt: paragraph 2) plaintiffs - on claims for the recovery of alimony; p. 15) plaintiffs - when considering cases of the protection of the rights and legitimate interests of the child;

Oksana Yershova

Whether the state duty is paid when contacting the court for the recovery of damage!. My friend doctors caused harm to health when conducting an operation of the simplest (forgot the gauze swallow) thereby causing her a lot of suffering and entailed this bunch of operations in the future ((. Conclusion in her hands, but the doctors pay her money not going to treat not moral damage CoversWell need to pay her state duty when contacting the court? Maybe who has a practice in such matters?

• Lawyer's answer:

  No, (Tax Code Part 2) Article 333.36. Benefits when contacting the courts of general jurisdiction, as well as to the global judges1. From the payment of state duty on cases considered in the courts of general jurisdiction, as well as the world judges, are exempt: 1) plaintiffs - on claims for the recovery of wages (monetary content) and other requirements arising from labor relations, as well as on claims for the recovery of benefits ; 2) the plaintiffs - on the claims for the recovery of alimony; 3) the plaintiffs - on claims for compensation for harm caused by injury or other damage to health, as well as the death of the breadwinner; in addition, there is a similar practice, I did not pay for the appeal to the court, just in The lawsuit will refer to the article

Stanislav Marfukhin

What courts come in the courts of general jurisdiction?

• Lawyer's answer:

  The federal courts include: the Constitutional Court of the Russian Federation; Supreme Court of the Russian Federation, Supreme Courts of the republics, regional and regional courts, the courts of cities of the federal significance, the courts of the autonomous region and autonomous districts, district courts, military and specialized courts that make up a system of federal courts of general jurisdiction; Supreme Arbitration Court of the Russian Federation, federal arbitration courts of districts (arbitration courts), arbitration courts, arbitration courts of constituent entities of the Russian Federation, which make up a system of federal arbitration courts; The courts of constituent entities of the Russian Federation include: constitutional (statutory) courts of constituent entities of the Russian Federation, magistrate judges who are judges of the general jurisdiction of the constituent entities of the Russian Federation.

George Vasilyuk

What benefits and to whom are given when registering the right of ownership when entering into the inheritance .. my grandmother I have a veteran of labor and now after the death of the grandfather also became the widow of the Went participant.

• Lawyer's answer:

  Unfortunately, the benefits do not apply to the grandmother .. In accordance with Art. 333.24 of the Tax Code of the Russian Federation ... 22) for issuing a certificate of inheritance by law and in the will: Children, including adopted, spouse, parents, full-resistant brothers and sisters of the testator - 0.3 percent of the cost of inherited property, but not more than 100 000 rubles; In accordance with Art. 333.35 That's what is ... 11) Individuals - Heroes of the Soviet Union, the heroes of the Russian Federation and the full Cavalers of the Order of Glory - on cases considered in the courts of general jurisdiction, the magistrates, in the Constitutional Court of the Russian Federation, when contacting the authorities and (or ) to officials committing notary actions and bodies carrying out state registration of acts of civil status; 12) individuals - participants and disabled of the Great Patriotic War - on cases considered in the courts of general jurisdiction, magistrates, in the Constitutional Court of the Russian Federation, when contacting bodies and (or) to officials committing notary actions and in the authorities, carrying out state registration of acts of civil status; The benefits provided for by subparagraphs 13 and 14 of paragraph 1 of this article are provided at the petition of the author (authors). The basis for the provision of benefits are copies of the relevant documents: certificates of veteran of the Great Patriotic War (participant in the war), certificates of medical and social expertise, a document issued by an educational institution. The petition for the provision of these benefits is submitted instead of a document confirming the payment of state duty, if the benefit is exemption from its payment, or together with the specified document.

Lydia Dorofeeva

CBC for 2010. Tell me: What will the CBK be when paying for state duty for state registration in 2010? And where is it spelled out?

• Lawyer's answer:

  CBC 2010 (codes budget classification) State duty 182 1 08 01000 01 1000 110 Public duty on cases considered in arbitration courts 182 1 08 02010 01 1000 110 State duty on cases considered by the Constitutional Court of the Russian Federation 182 1 08 02020 01 1000 110 State duty in cases considered by constitutional (statutory) courts of constituent entities of the Russian Federation 182 1 08 03010 01 1000 110 State duty on cases considered in the courts of general jurisdiction, magistrates (with the exception of the Supreme Court of the Russian Federation) 182 1 08 03020 01 1000 110 State duty in cases considered by the Supreme Court Russian Federation 182 1 08 07010 01 1000 110 State duty for state registration of a legal entity, individuals as individual entrepreneurs, changes made to their constituent documents of a legal entity for the state registration of the liquidation of a legal entity and other legally significant actions 182 1 08 07030 01 1000 110 State duty for the right to use the names "Russia", "Russian Federation" and formed on their basis words and phrases in the names of legal entities 182 1 08 07081 01 1000 110 State duty for the accomplishments related to licensing, with certification in cases where such certification is provided for by the legislation of the Russian Federation, enrolled in the federal budget look at the site of its tax Inspection, there are quicks

Svetlana Gerasimova

Hello! I ask for lawyers to help with the answer!. Garrison military courts have always been federal, or have they previously treated the courts of subjects?

• There is no system of non-cash payments of Serdyukov LLC

Victoria Ryabova

the lawsuit on the protection of consumer rights is definitely not charged. Duty?. I apply to the court to terminate the contract of sale, because In the store during the repair broke the PDA. crack across the entire screen. On 2 claims responded with refusal. Repair terms have long come out, now I want to return the money for it 18 thousand. At the same time state. Duty will not take? Or will the lawsuit be considered as "property compensation" and must all be paid? PP.20 p.2. Art. 5 of the Law of the Russian Federation of 09.12.91 N 2005-1 "On State Duty"

• Lawyer's answer:

  Article 333.36. The Tax Code of the Russian Federation "Benefits when contacting the courts of general jurisdiction, as well as to the global judges2. From the payment of state duty on cases considered in the courts of general jurisdiction, as well as the magistrates, taking into account the provisions of paragraph 3 of this article, are released: 1) public organizations of persons with disabilities speaking as the plaintiffs and respondents; 2) the plaintiffs - disabled people of the I and II group; 3) Veterans of the Great Patriotic War, veterans of hostilities, veterans of military service, appearing for the protection of their rights established by the legislation on veterans; 4) plaintiffs - on claims related to the violation of consumer rights; 5) the plaintiffs - retired pensions appointed in the manner prescribed by the Pension Legislation of the Russian Federation - on the claims of a property nature to the Pension Fund of the Russian Federation, non-state pension funds or to federal executive bodies carrying out the pension provision Persons who held military service. "