The state fee to the court is a mandatory payment. State duty details can be found on the website of the court where the application is being submitted.
The rules for paying state fees are the same for the magistrate court, city (district) court, court of a constituent entity of the Russian Federation, as well as the Supreme Court of the Russian Federation.
Let's figure it out: how much to pay state fees to a court of general jurisdiction or to a magistrate when filing a claim; how to determine its size in cases of special proceedings, when appealing decisions; who has benefits in paying state fees.
For calculation it is convenient to use: State duty calculator for court
What is state duty
State duty is a certain amount of money that a citizen must pay when applying to government agencies, be it local government or a certain official. There are a variety of state fees - for replacing a passport, for obtaining a driver's license, for registering a lease agreement, for applying to the registry office, and so on. As a rule, the amount of this fee is not large, but its payment is a prerequisite for receiving a particular service.
Payment of state duty can be made by the following categories of citizens:
- natural person;
- legal entity;
- individual entrepreneurs.
State duty is paid by both individuals and legal entities
Depending on their focus, state duties can be one of two types:
- sums of money used to pay for various operations at the administrative level. Such actions have direct legal significance and include events such as registration of individual entrepreneurs, provision of duplicate documentation, and so on;
- sums of money allocated to compensate for legal costs. A state fee is collected from a citizen if, as a result of a court hearing, a decision was made that is at odds with his interests. The citizen also pays the costs if he wishes to appeal the results of the meeting to higher authorities.
State duty: payment, details, receipt, payment
12) individuals recognized in accordance with the established procedure as needing to improve their housing conditions - for certifying transactions for the acquisition of residential premises, fully or partially paid for through payments provided from the federal budget, budgets of constituent entities of the Russian Federation and local budgets; 19) for issuing permits to conduct clinical trials of medicinal products for medical use on applications submitted before the entry into force of the Federal Law of April 12, 2010 N 61-FZ “On the Circulation of Medicines”, as well as on applications submitted after the entry into force by virtue of Federal Law No. 61-FZ of April 12, 2010 “On the Circulation of Medicines”, on the basis of examinations carried out before the Federal Law of April 12, 2010 No. 61-FZ “On the Circulation of Medicines” came into force;
01 Jan 2021 marketur 622
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Amount of state duty
As you might guess, the amount of duty paid by a citizen directly depends on its type. Moreover, in some cases the duty is fixed. For example, when replacing a driver’s license, a motorist pays two thousand rubles. If we are talking about some more specific issues that involve litigation, then the fee is set on an individual basis.
The size of the state duty can vary from several hundred rubles to several thousand
Reference. The website gosuslugi.ru provides a special system of discounts when paying state fees online. Thus, for most such operations a discount of thirty percent of the original cost of the duty is provided.
It should be noted that legal entities, as a rule, pay state duty in a much larger amount than individuals. In some cases, the cost of the duty can increase up to ten or even twenty times. For example, if a citizen applies to the court on a non-property issue, he pays a state fee of one hundred rubles. If a similar question arises from a legal entity, then it pays a fee of two thousand rubles.
A certain percentage of the cost of the service is charged when considering:
- divorce petitions;
- challenging decisions made by government bodies;
- cases requiring individual consideration.
The state fee may be a certain percentage of the cost of the statement of claim itself.
For example, if the cost of the claim was ten thousand rubles, and the state duty is four percent, then the citizen will have to pay an additional two hundred rubles.
Sometimes, to calculate the state duty, it is most convenient to use special calculators, which require indicating the size and type of legal claims, as well as the specifics of the authority to which the application is being submitted. The calculator calculates the final cost of the duty taking into account the Tax Code.
Deferred payment
According to Art. 64, 333.41 Tax Code of the Russian Federation and Art. 90 of the Code of Civil Procedure of the Russian Federation, plaintiffs, if there are good reasons, are given a deferment or installment plan for up to 1 year without interest:
- causing damage to a citizen as a result of fires or floods;
- the possibility of a citizen becoming insolvent after paying the fee;
- poor financial situation, confirmed by documents (recognition of a citizen as poor).
Note! The presence of minor children, credit obligations, or lack of income for an able-bodied person is not a reason for deferment or installment payment.
Example of installment plan:
The citizen filed a property claim, the amount of payment is 20,000 rubles. His average monthly earnings are 10,000 rubles. Financially, he cannot pay the fee at once, so the court approved an installment plan for him for 6 months.
How to get a deferment or installment plan?
The procedure for submitting an application for installment plan is as follows:
- Submit a petition. This is done along with filing a statement of claim or in the process of preparing the case for hearing.
- The judge will resolve the petition at the preparation stage and issue an appropriate ruling.
The definition contains the period for granting deferred payment. You can pay it off in a lump sum or in stages.
Application for a deferment
The application must contain information about:
- the case under consideration;
- FULL NAME. parties (plaintiff and defendant);
- request for a deferment, grounds;
- the time for which the installment plan must be provided.
At the end, documents confirming the difficult financial situation and other reasons are indicated.
Sample petition for deferment of payment of state duty in court:
Who pays the state fee
At first glance, the answer to the question of who will bear the costs of applying to government agencies is very simple - the state fee is paid by the applicant. However, this procedure has its exceptions. If the court receives an application from an individual entitled to certain benefits, and this citizen subsequently wins the case, then all costs are borne by the defendant who was defeated.
The state fee is paid either by the applicant or the losing defendant.
Benefits for paying state fees
Some citizens of the Russian Federation are exempt from paying state fees when applying on absolutely any issue. Moreover, this benefit may apply not only to individuals, but also to government bodies. The list of beneficiaries is shown in the image below.
Categories of citizens exempt from paying state duty
Lawyer's answers to questions about paying state fees in court
Do I need to pay a fee when filing a counterclaim?
Yes, the fee is paid in this case in the same way as when filing a main claim.
How to collect state duty from the defendant?
Reflect the claim for collection. If the decision is satisfactory, it will be deducted from him, as well as other legal expenses.
Is it possible to return the fee if the claim is rejected?
No, the fee is not refundable.
Is it possible not to pay the state fee, but to file a lawsuit demanding recovery from the defendant?
No, the fee is paid when submitting documents to the court, and is collected from the defendant when a decision is made that is positive for the plaintiff.
Does the court have the right to demand additional payment of the state fee when the price of the claim increases, where the subject of contention is property, during the proceedings?
Yes, this is the basis for increasing the amount of the fee, calculated from the value of the claims.
Requisites
Details for paying the state fee are individual in nature and are determined by:
- the region in which the citizen applies to the government agency;
- the specifics of the government body and the list of issues that it considers.
Receipt for payment of state duty
The details are a specific set of characters that will make it possible to make a payment. You can obtain this information in two ways:
- find out from the employees of the relevant government agency - in most cases, the citizen is immediately provided with a receipt, which indicates all the information necessary for payment. However, not all authorities have the right to charge fees themselves;
- visit the website of the government agency, in one of the sections of which the information necessary for the applicant is usually posted (however, not all regional bodies have websites).
Where is payment made?
A citizen can pay the state fee at any bank branch - to do this, it is enough to provide the details. Payment is possible both in cash and in non-cash form. After the money is sent to the citizen, a check will be provided (sometimes payment orders are issued), which it is advisable to keep later.
In addition to all other methods, the state fee can also be paid at the MFC
In what cases is a refund possible?
Sometimes it happens that due to circumstances, an individual or legal entity may be returned the money that was spent on paying the state duty. Valid reasons on which a refund may be made include the following:
- a partial refund is due if, due to an error, an individual or legal entity deposited a larger amount compared to its standard amount;
- a full refund occurs in circumstances where a government agency, for certain reasons, refuses to consider the case. However, if desired, the applicant can leave a receipt for the paid state duty and not pay it again when applying again. The applicant can take advantage of this feature within three years from the date of payment;
- a full refund also implies those situations in which an individual or legal entity, of their own free will, refuses to contact a certain government agency. However, in order to obtain the right to a refund, the applicant must pay the state fee even before the application itself, otherwise the service will be considered provided.
A refund for the state fee is possible if you refuse to use the paid service.
In order to receive funds spent on state duty, you must write a special application addressed to the Federal Treasury. The applicant can return his money over the next three years.
When can the money be returned?
To the party in whose favor the decision was made, the arbitration court awards, on the other hand, all legal expenses incurred in the case, including the amount of the state duty paid when filing the claim. The collection of legal costs can be immediately declared when filing a claim or you can make such a statement to the arbitration court, which considered the case as a court of first instance, within six months from the date of entry into force of the last judicial act, the adoption of which ended the consideration of the case on the merits.
If the claim is partially satisfied, legal costs are borne by the persons participating in the case in proportion to the size of the satisfied claims.
State duty for a Russian passport
The amount of the state fee for a passport depends on the reasons why the identity card is changed. If the change of passport is associated with the onset of a certain age, then the fee is 300 rubles. If the document has to be changed due to the fault of its owner (as a result of loss or damage), then this procedure will cost five times more - 1,500 rubles.
So, there are several places where you can pay the fee for a new passport:
- bank. Despite the fact that most information certificates list Sberbank as a bank, in addition to it you can resort to the services of any other credit enterprises that accept payments in favor of the state. As a rule, payment can be accepted both in cash and in non-cash form. It should be borne in mind that in some cases banks can only accept cards that were issued by them;
You can pay the state fee either through an ATM or through a bank cash desk.
- terminal. Most banks have terminals, the menu of which includes a section that allows you to pay state fees using the number indicated on the receipt. In all banks, the procedure for making payments is slightly different, so if difficulties arise, it is recommended to contact a consultant;
- online banking. You can use online banking if a citizen is registered on the website of a certain bank and has his own personal account linked to the card. Then he will not need to visit the bank office to go to the cash desk or terminal. All you have to do is open the app and transfer money to the appropriate recipient. Most large banks offer online banking, so this service is widely available.
Payment of state duty through Sberbank-online
Let's take a closer look at using a terminal or ATM when paying state fees. Since the partition systems of most bank terminals are similar, we will consider only one option for paying fees using a Sberbank ATM. So, to transfer money to the state account you will need to perform several actions:
- card insertion;
- entering a PIN code;
- go to the “Payment in our region” section;
- search for the “Taxes, fines, state duties” section, and then select the “State duties and fees” option;
- entering the recipient's TIN;
- entering the data specified in the payer’s passport;
- choice of duty type;
- depositing the required amount;
- receiving checks (the ATM issues two at once - both of them will need to be kept until the payment is confirmed by government officials).
Payment of state fees via ATM
Reference. Some ATMs impose a commission for those customers who use cards from other banks. As a result, the amount charged may increase by several percent.
What to do if you receive a notification from the bailiffs
When a notice arrives with a requirement to repay the state duty awarded by the court, first of all, it is worth thinking and remembering whether there are any debts to any government or financial authorities.
Because if there are any, then the fee will most likely have to be repaid. However, it is important to clarify that in this case, in addition to the penalty order, the citizen must also be sent a copy of the issued order. It is recommended to follow this algorithm:
- Call or appear in person at the bailiff service. Here you should ask questions and request a writ of execution. The document must indicate on what basis the duty is collected, and who exactly initiated the writ proceedings.
- Find out if there is a debt. If there really is one, then you should immediately pay it off. Otherwise, it is possible that additional fines and penalties will be assessed; in short, non-payment will lead to financial losses.
- List the awarded amount of state duty. Moreover, it is best to carry out the operation within the time frame indicated in the notice. Otherwise, an enforcement fee will be added to the amount of the monetary penalty.
In general, errors in the system occur frequently, so if the situation occurs, do not delay. It’s better to immediately contact the bailiffs and find out what’s wrong. Especially if the recipient of the duty collection notice has no idea what it is about. It is possible that a particular person is generally not relevant to the matter. For example, he may have a namesake. In a word, it’s definitely worth understanding.
State duty for a foreign passport
The cost of the state fee for a foreign passport depends on two criteria:
- applicant's age;
- sample document.
In order to present the information more clearly, we will use a table.
Table 1. Amounts of state duty for a foreign passport
New sample | Old sample | |
Adult citizen | 5000 rubles | 2000 rubles |
Child under 14 years old | 2500 rubles | 1000 rubles |
The prices listed above do not take into account the discount that is provided when paying the state fee through the State Services portal.
International passport of old and new samples
When replacing a foreign passport, payment of the state fee is made in the same manner as when replacing a passport of a citizen of the Russian Federation. To deposit funds, you can use the services of bank tellers, terminals or online banking. You can also make a transfer using the State Services website - gosuslugi.ru.
Payment of state duty through State Services
In order to make a payment using the government services website, you will need to carry out several simple steps, which we will demonstrate by paying the fee for a foreign passport.
Step 1. First of all, a personal account is created (this step is skipped if you already have a personal account).
Your personal account on the government services portal requires confirmation for activation
Step 2. After logging into your account, you need to go to the section “Registration of a foreign passport for a citizen of the Russian Federation”.
The section dedicated to obtaining a foreign passport can be found on the popular website
Step 3. Next, the site will offer the applicant a choice between old and new passports, which have a number of differences, one of which is the validity period. A new-style passport is valid for ten years, while an old-style passport is valid for five.
Before choosing one of the samples, it is advisable to study the characteristics of each
Step 4. Then you should indicate your age, since the amount of the state duty will depend on it.
Age affects the final cost of document processing
Step 5. At the end of the procedure, the applicant will be offered an electronic application, which he will need to fill out. The site independently prompts the user which documents will be required to fill out.
List of documents required to fill out an application for a passport
Step 6. As soon as the applicant sends his data, they will be reviewed, after which (if the application was filled out correctly) the citizen will be able to find a payment receipt in his personal account.
Receipt for payment of state duty for a foreign passport
Step 7. After payment is made, the applicant will be sent an invitation to one of the departments of the Main Department of Migration Affairs of the Ministry of Internal Affairs (based on his registration address) in his Personal Account. Please note that when visiting the Main Department of Migration Affairs of the Ministry of Internal Affairs, you will need to take with you all the documents (originals) that the citizen used when filling out the application.
To obtain a foreign passport you will need to visit the Main Migration Department of the Ministry of Internal Affairs
You can read below about what documents are required to obtain a foreign passport for adults and children.
Documents for obtaining a passport
Results
State duty is a budget payment, which is a fee for performing legally significant actions described in Chapter.
25.3 Tax Code of the Russian Federation. Its size depends on the type of specific action and is also given in Chapter. 25.3 Tax Code of the Russian Federation. A payment document for state duty is drawn up according to the rules of a regular tax payment, but using special BCC values (which vary depending on the type of legal action being paid). The content of the purpose of payment will also be excellent, which should indicate to whom, for what and for what amount the claim is being made. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
State fee for a driver's license
The state fee for replacing a driver’s license is 2,000 rubles. The payment methods for this procedure have many similarities with the previous ones, but they also offer new options. So, to pay the state fee for your license, you can use the following services:
- bank (both cash desks and terminals);
- online banking;
- State Services portal;
- by Russian Post (to do this, you will need to request the appropriate receipt from postal employees and fill it out);
- traffic police departments.
Receipt for payment of state duty for a driver's license
It should be noted that payment of state duties and car fines using Russian Post has existed for quite a long time, but in recent years it has faded into the background. Long queues and the need to manually fill out paperwork make this option not very convenient, which does not allow it to compete with Internet portals or ordinary bank branches.
Reference. In order to fill out a receipt at the Russian Post Office, you will need to find in advance the traffic police details that will be required for the form. All this data is on the official website of the traffic police, so for convenience you can print it out in advance. Moreover, you can download the form itself from the traffic police website and fill it out at home, then take it to the post office.
Budget classification code for payment of state duty for replacement of rights
If we talk about traffic police departments, most of them are equipped with special terminals, which in their way of operation are in many ways reminiscent of bank ATMs, but their functions are more specialized. Thanks to these terminals, payment of the fee can be carried out at the traffic police department itself - this is done for the convenience of the driver, who will not need to leave the department to transfer the required amount.
Video: How to pay the state fee for the rights of State Services
When to use the 2021 state duty calculator
The presented calculator is used to calculate:
- fees for consideration of cases considered by district (city) courts
- fees for cases considered by magistrates
- state fees to regional, regional, republican courts, to the Supreme Court of the Russian Federation
In 2021, the amount of the state fee to the court has not changed. When filing claims, starting from January 1, 2021, the state duty must be paid at the specified rates.
In the event of a positive decision in the case, the plaintiff may recover the state fee from the defendant, as well as other legal expenses.