(as amended by the Federal Law
dated June 28, 2014 N 198-FZ)
1. In cases considered by the Supreme Court of the Russian Federation in accordance with arbitration procedural legislation
Russian Federation, arbitration courts, state duty is paid in the following amounts:
(as amended by the Federal Law
dated June 28, 2014 N 198-FZ)
1) when filing a claim of a property nature subject to assessment, with the price of the claim:
up to 100,000 rubles - 4 percent of the claim price, but not less than 2,000 rubles;
from 100,001 rubles to 200,000 rubles - 4,000 rubles plus 3 percent of the amount exceeding 100,000 rubles;
from 200,001 rubles to 1,000,000 rubles - 7,000 rubles plus 2 percent of the amount exceeding 200,000 rubles;
(as amended by the Federal Law
dated 04/05/2010 N 41-FZ)
from 1,000,001 rubles to 2,000,000 rubles - 23,000 rubles plus 1 percent of the amount exceeding 1,000,000 rubles;
over 2,000,000 rubles - 33,000 rubles plus 0.5 percent of the amount exceeding 2,000,000 rubles, but not more than 200,000 rubles;
2) when filing a statement of claim for disputes arising during the conclusion, amendment or termination of contracts, as well as for disputes regarding the invalidation of transactions - 6,000 rubles;
(as amended by the Federal Law
dated July 21, 2014 N 221-FZ)
2.1) when filing an application to challenge regulatory legal acts of federal executive authorities affecting the rights and legitimate interests of the applicant in the field of legal protection of the results of intellectual activity and means of individualization, including in the field of patent rights and rights to selection achievements, rights to topologies of integrated circuits , rights to production secrets (know-how), rights to means of individualization of legal entities, goods, works, services and enterprises, rights to use the results of intellectual activity as part of a unified technology:
for individuals - 300 rubles;
(as amended by the Federal Law
dated October 22, 2014 N 312-FZ)
for organizations - 2,000 rubles;
(Clause 2.1 introduced by Federal Law
dated June 28, 2014 N 198-FZ)
2.2) when filing an application to challenge acts of federal executive authorities in the field of patent rights and rights to selection achievements, rights to topologies of integrated circuits, rights to production secrets (know-how), rights to means of individualization of legal entities, goods, works, services and enterprises, the right to use the results of intellectual activity as part of a unified technology, containing clarifications of legislation and having regulatory properties:
for individuals - 300 rubles;
for organizations - 2,000 rubles;
(Clause 2.2 introduced by Federal Law
dated February 15, 2016 N 19-FZ)
3) when filing applications to recognize a non-normative legal act as invalid and to recognize decisions and actions (inaction) of state bodies, local governments, other bodies, officials as illegal:
(as amended by the Federal Law
dated June 28, 2014 N 198-FZ)
for individuals - 300 rubles;
(as amended by the Federal Law
dated July 21, 2014 N 221-FZ)
for organizations - 3,000 rubles;
(as amended by the Federal Law
dated July 21, 2014 N 221-FZ)
4) when filing other claims of a non-property nature, including applications for recognition of rights, applications for awarding duties in kind - 6,000 rubles;
(as amended by the Federal Law
dated July 21, 2014 N 221-FZ)
4.1) when filing an application for the issuance of a court order - 50 percent of the amount of the state duty collected when filing a claim of a property nature;
(Clause 4.1 introduced by Federal Law
dated March 2, 2016 N 48-FZ)
5) when filing an application to declare the debtor insolvent (bankrupt):
for individuals - 300 rubles;
for organizations - 6,000 rubles;
(Clause 5 as amended by the Federal Law
dated November 30, 2016 N 407-FZ)
6) when filing an application to establish facts of legal significance - 3,000 rubles;
(as amended by the Federal Law
dated July 21, 2014 N 221-FZ)
7) when filing an application for third parties to intervene in the case, making independent claims regarding the subject of the dispute:
for disputes of a property nature, if the claim is not subject to assessment, as well as for disputes of a non-property nature - in the amount of the state duty paid when filing a claim of a non-property nature;
for property disputes - in the amount of the state duty paid based on the amount disputed by a third party;
when filing an application for the issuance of writs of execution for the forced execution of an arbitration court decision - 3,000 rubles;
(as amended by the Federal Law
dated July 21, 2014 N 221-FZ)
9) when filing an application to secure a claim - 3,000 rubles;
(as amended by the Federal Law
dated July 21, 2014 N 221-FZ)
10) when filing an application to cancel the decision of the arbitration court - 3,000 rubles;
(as amended by the Federal Law
dated July 21, 2014 N 221-FZ)
11) when filing an application for recognition and enforcement of a foreign court decision, a foreign arbitration award - 3,000 rubles;
(as amended by the Federal Law
dated July 21, 2014 N 221-FZ)
12) when filing an appeal and (or) cassation complaint against decisions and (or) resolutions of the arbitration court, as well as against court rulings on the refusal to accept a statement of claim (statement) or an application for the issuance of a court order, on termination of proceedings, on leaving the statement of claim without consideration, in the case of challenging the decisions of the arbitration court, on the issuance of writs of execution for the forced execution of decisions of the arbitration court, on the refusal to issue writs of execution - 50 percent of the amount of the state fee payable when filing a claim of a non-property nature;
(Clause 12 as amended by the Federal Law
dated 04/03/2017 N 57-FZ)
12.1) when filing a cassation appeal against a court order - 50 percent of the amount of the state duty payable when filing a claim of a non-property nature;
(Clause 12.1 introduced by Federal Law
dated 04/03/2017 N 57-FZ)
12.2) when filing a supervisory complaint - in the amount of the state duty payable when filing a claim of a non-property nature;
(Clause 12.2 introduced by Federal Law
dated 04/03/2017 N 57-FZ)
13) became invalid on January 1, 2013. - The federal law
dated December 27, 2009 N 374-FZ;
14) when filing an application for an award of compensation for violation of the right to legal proceedings within a reasonable time or the right to execution of a judicial act within a reasonable time:
for individuals - 300 rubles;
(as amended by the Federal Law
dated July 21, 2014 N 221-FZ)
for organizations - 6,000 rubles.
(as amended by the Federal Law
dated July 21, 2014 N 221-FZ)
(Clause 14 introduced by Federal Law
dated April 30, 2010 N 69-FZ)
(Clause 1 as amended by the Federal Law
dated December 27, 2009 N 374-FZ)
2. The provisions of this article shall apply subject to the provisions of Article 333.22
of this Code.
Why do entrepreneurs seek help?
Entrepreneurs who know that counterclaims are returned three times more often than initial ones, and that judicial practice is so contradictory that it does not allow predicting the court's reaction to counterclaims, immediately turn to an arbitration lawyer for help in drawing up a counterclaim.
Indeed, courts often return counter-statements with lengthy wording, for example: “there are no conditions provided for in Part 3 of Art. 132 of the Arbitration Procedure Code of the Russian Federation,” without justifying such a conclusion.
Contradictions in judicial practice are found everywhere. For example, courts have ambiguously interpreted the criterion of homogeneity of claims. Some courts return the counterclaim if the plaintiff demands to collect the debt and interest under the contract, and the defendant in the counterclaim demands damages (decision of the RF Supreme Court dated January 9, 2017 No. 305-ES16-17669). Others allow the possibility of offsetting any monetary claims arising from one agreement (Resolution 17-AAS dated January 18, 2017 in case No. A60-25444/2016).
Therefore, the lawyer helps the entrepreneur correctly draw up a counterclaim, substantiating in detail the implementation of the conditions for filing and supporting his position with positive current judicial practice.
If you have already filed a counterclaim and were denied, the specialist will challenge the determination to return the claim. But if the court of first instance has already issued a final act, it is not advisable to do this. In this case, you need to file an independent claim.
How to draw up and in which court to file a counterclaim?
A counterclaim is drawn up according to the general rules for drawing up a statement of claim. Be sure to justify your requirements in detail and attach evidence of the debt, violations on the part of the counterparty, including the results of examinations and assessments.
Drawing up a document by a specialist will increase the likelihood of a counterclaim being accepted by the court and your chances of getting your claims satisfied.
The application must always be submitted to the same arbitration court that deals with the original claim. This rule applies to all cases, even when the specifics of the counterclaim are such that the dispute is within the jurisdiction of another arbitration court.
An exception is only if the dispute over a counterclaim falls within the jurisdiction of general jurisdiction or the competence of a foreign court.
Conclusion
Summarizing the above information, we can conclude that the correctness of the procedure for calculating and paying state fees is essential when carrying out judicial proceedings and leads to saving procedural time.
We remind you that the information provided is for informational purposes only and does not constitute legal advice or an opinion, since any application of the law requires careful and detailed study.
If the information presented raises additional questions, including the grounds and prospects for disputes, the list, scope and cost of legal services for legal entities, comments on them can be obtained in the chat on our website, by calling +7 (495 ) 741-84 -78 or email address [email protected]
When is the best time to file a counterclaim?
Counterclaims can be made at any stage of the legal process, up to the moment when the court retires to the deliberation room to make a final decision.
However, practice shows that the later a counterclaim is filed, the less likely it is that the court will accept it for consideration.
Therefore, it is better to file a counterclaim as early as possible: during the preparation of the case for trial, at the preliminary or first court hearing.
What to do if you are unable to immediately submit counterclaims:
- It was not possible to prove that it was not possible to file a counterclaim before. For example, you had to obtain evidence to accurately calculate the requirements, so you were waiting for the results of an assessment or examination.
- Request that the court postpone the preliminary hearing by presenting evidence that you have sent a pre-trial claim to your opponent.
In arbitration disputes, you can file a counterclaim only in the first instance or at the appeal stage, but only if there is an unconditional basis for canceling the initial act, and if the appellate court began to consider the case according to the rules of the first instance (Part 6.1 of Article 268 of the Arbitration Procedure Code of the Russian Federation). At the stage of cassation or supervision, filing a counterclaim is impossible.
How to calculate the state duty
Tax legislation, in this case, took the path of least resistance, establishing a fixed amount for such claims, which is 6,000 rubles, which corresponds to the provisions of paragraphs. 2, 4 p. 1 art. 333.21 Tax Code of the Russian Federation.
How to calculate the state duty for several non-property claims in one claim
Explanations and practice on this issue are also clear, aimed at the fact that each claim of a non-property nature must be paid by the applicant in the amount of 6,000 rubles.
How to calculate the state duty if the claim contains property and non-property claims
These issues are also resolved by the legislator and boil down to the fact that the state duty on a claim, the pleading part of which contains demands of both a property and non-property nature, should be calculated based on the provisions of Art. 333.21. 333.22 of the Tax Code of the Russian Federation, for each claim separately.
An example is a contractual dispute, the first requirement of which is aimed at its termination (non-property), and the second (property) is aimed at collecting debt under the work contract due to its improper performance.
Thus, the total amount of the calculated state duty in accordance with the current legislation is subject to payment to the appropriate judicial authority for the purposes of its adoption and consideration.
When will the court accept a counterclaim?
The court may accept a counterclaim if the following conditions are met (Article 132 of the APC):
- Counter and initial claims can be satisfied by mutual offset.
- Satisfaction of counterclaims excludes partial or complete satisfaction of the original claim.
- The counterclaim and the original claim are interrelated, and their simultaneous consideration will speed up and simplify the resolution of the dispute.
Requirements must be undisputed and uniform.
The court may reject a counterclaim if it finds that:
- There are no grounds for filing a claim under Art. 132 Arbitration Procedure Code of the Russian Federation.
- You have violated the requirements for the form or content of the document (applications).
- You filed a counterclaim with the intent to abuse the process of law.
The court may consider the filing of a counterclaim too late as an abuse of right, for example, four months after the initial claim was filed (ruling of the Supreme Court of the Russian Federation dated June 2, 2017 in case No. A48-526/2016).
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