THE SUPREME COURT HAS UPDATED THE EXPLANATIONS ON THE PAYMENT OF STATE DUTIES

THE SUPREME COURT HAS UPDATED THE EXPLANATIONS ON THE PAYMENT OF STATE DUTIES

THE SUPREME COURT HAS UPDATED THE EXPLANATIONS ON THE PAYMENT OF STATE DUTIES
The September increase in the rates of state duties caused the Supreme Court to review a number of legal clarifications. The Plenum of the Supreme Court of the Russian Federation has updated the resolution, in which it noted the loss of relevance of some of the previously adopted acts. The changes, in particular, concerned the regulation of the procedure for paying state duties.

Among the abolished norms were provisions related to the review of court decisions. In cases where this is due to new or newly discovered circumstances, payment of fees has become mandatory. Previously, this was not required. A similar situation has also affected cases when someone appeals against the actions of bailiff officers. Clarifications on this issue (paragraph 16 of the Resolution of the Plenum of the Supreme Court of 17.11.2015 No. 50) have become invalid.

In addition, approaches to state duties related to arbitration processes have been revised. The changes affected the amount of fees in bankruptcy cases, intellectual property disputes, as well as in cases of appeal against decisions of state bodies. In particular, the rates for submitting such applications have increased by more than 30 times — from the previous 300 rubles to 10 thousand. For bankruptcy cases, new mandatory payments have been introduced for the consideration of individual disputes, while the amount of the fee depends on the price of the issue.

The Supreme Court of the Russian Federation pointed out that the increase in duties is related to the amendments made to the tax legislation. They started operating in 2024. The amount of a significant number of fees has been increased 10 times. In particular, the amount of state duties has increased when citizens apply for insolvency. Lawsuits that are considered within the framework of bankruptcy will also require payment of part of the standard fee.

The Supreme Court of the Russian Federation has also declared obsolete some paragraphs in the rulings of the Supreme Arbitration Court of the Russian Federation, which were in force since the 1990s and 2000s. For example, paragraph 4 of paragraph 19 and paragraph 6 of paragraph 25 of the Resolution of the Plenum of the Supreme Arbitration Court of December 23, 2010 No. 63, which dealt with the application of the norms of Chapter III in the insolvency law, are not applicable. This became a necessary step for updating judicial practice in modern conditions.

22.11.2024