Application of regulations of law on judicial fees in civil proceedings

The civil procedural legislation of the Russian Federation is constantly being improved, and therefore the topic of court costs in civil proceedings remains relevant at the present time. Thus, in 2018, amendments were made to the Civil Procedure Code of the Russian Federation regarding court costs. However, a number of problems in this area remain debatable, for example, what should be understood by court costs, the reasonableness of the limits of recoverable court costs for paying for the services of representatives, the need to attribute the costs of paying the state fee to the losing party, etc. As the practice of higher courts shows, not all the requirements specified in the application are subject to payment of the state fee. The Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation considered it erroneous to conclude that each declared non-property claim is subject to payment of the state fee: both on the recognition of the defendant's inaction in terms of reinstating the plaintiff in an educational organization, and on imposing on the defendant the obligation to restore the number of students; in addition, she indicated that the stated requirements were subject to consideration in the framework of civil proceedings. The amount of the state fee is determined depending on the nature of the statement of claim. In judicial practice, there is no single position on the criterion (criteria) for determining the property nature of a statement of claim.