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

THE INSTITUTE OF LEGAL COSTS:

GENESIS, CURRENT STATE AND DEVELOPMENT PROSPECTS

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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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: [email protected]).

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

A.I. CHETVERGOV