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THE INSTITUTE OF LEGAL COSTS: GENESIS, CURRENT STATE AND DEVELOPMENT PROSPECTS

THE FUTURE OF CIVIL PROCEDURE


A.I. CHETVERGOV

A.I. CHETVERGOV,
Lawyer, Partner of Kanishevskaya and Partners Law Office,
Postgraduate Student of the Department of Civil and Administrative Proceedings
of the Kutafin Moscow State Law University (MSAL)

DOI: 10.24031/2226-0781-2019-9-4-201-215

The Constitution of the Russian Federation guarantees the right of everyone to judicial
protection, and the current legislation of the Russian Federation on court costs is based
on this constitutional statement. The legislation today does not contain a definition of
court costs. The article examines the peculiarities of the legal regulation of the institution
of legal expenses as a complex institution of Russian law and the prospects for its development.
According to the data of 2016, in the Russian Federation, the total expenses for
judicial activities amounted to over 3.5 billion euros, and the proceeds from court fees
amounted to less than 1/7 of that. High court fees are one of the main factors for improving
the quality of justice, and this is evidenced by the legal experience of foreign states.
The article studies the peculiarities of legal regulation of the institute of court costs as
a complex institution of Russian law and the prospects for its development. The author
describes the key problems of the functioning of the institute, justifies the need to reform
it in modern conditions. The ways of implementing a possible institute reform are considered
taking into account the modern foreign experience of legal regulation of the institute
of court costs.

Keywords: court costs; civil proceedings; legislation on taxes and fees; foreign legal experience;
reform; increase of court fees; development prospects.

References

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Pozner R.A. Economic Analysis of Law. In 2 vol. Vol. 2. St. Petersburg: Economic
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Shmotin K.S. Costs in Civil Proceedings: Thesis for a Candidate Degree in Law Sciences.
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Court: What Should It Be? Law, 2016, no. 4. (In Russian)
Zaykov D.E. Reasonableness as a Criterion for Determining the Amount of Expenses for
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Information about the author

Chetvergov A.I. (Moscow, Russia) – Lawyer, Partner of Kanishevskaya and Partners
Law Office, Postgraduate Student of the Department of Civil and Administrative
Proceedings of the Kutafin Moscow State Law University (MSAL) (9 Sadovaya-Kudrinskaya
St., Moscow, 123995, Russia; e-mail: alekschetvergov@mail.ru).

Recommended citation

Chetvergov A.I. The Institute of Legal Costs: Genesis, Current State and Development
Prospects. Herald of Civil Procedure, 2019, vol. 9, no. 4, p. 201–215. (In Russian). https://
doi.org/10.24031/2226-0781-2019-9-4-201-215

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