RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of January 21, 2016 No. 1

About some questions of application of the legislation on cost recovery connected with consideration of the case

For the purpose of ensuring unity of practice of application by courts of the legislation regulating procedure for compensation of court costs on civil, administrative cases, economic disputes, the Plenum of the Supreme Court of the Russian Federation, being 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 "About the Supreme Court of the Russian Federation", decides to make the following explanations:

1. The court costs consisting of the state fee, and also costs connected with consideration of the case (further - legal costs), represent cash costs (losses) distributed according to the procedure, provided by Chapter 7 of the Civil Procedure Code of the Russian Federation (further - the CCP of the Russian Federation), Chapter 10 of the Code of administrative legal proceedings of the Russian Federation (further - KAS Russian Federation), Chapter 9 of the Arbitral Procedure Code of the Russian Federation (further - the AIC of the Russian Federation).

In sense of the called legislative provisions, as the principle of distribution of court costs compensation of court costs to person who incurred them, at the expense of person acts, not for benefit of which the final court resolution on case is adopted (for example, resolution of the Trial Court, determination about suit abatement or about leaving of the statement without consideration, court resolution of court of appeal, cassation, supervising instance which completes proceeedings at the corresponding stage of process).

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