Filing a lawsuit in Russia will become more expensive as state fees are expected to rise
The sweeping tax reform has not gone unnoticed by the courts. The State Duma of the Russian Federation is planning a significant (in some cases tenfold) increase in state fees for filing a lawsuit (bill No. 577665-8).
Changes in state fees for commercial claims
In the courts of arbitration (Russian state commercial courts) the amount of the state fees for commercial claims (depending on the value of the claim) would be as follows:
Value of the commercial claim (RUR) - State fees (RUR)
- up to 100.000 rubles – 10.000 rubles;
- up to 1 million rubles – 10.000 rubles + 5% of the amount exceeding 100.000 rubles;
- up to 10 million rubles – 55.000 rubles + 3% of the amount over 1 million rubles;
- up to 50 million rubles – 325.000 rubles + 1% of the amount over 10 million rubles;
- over 50 million rubles – 725.000 rubles + 0.5% of the amount exceeding 50 million rubles.
There is no longer be a maximum state fees limit (as it has been before). Currently, as of year 2024, the maximum amount of state fees is 200,000 RUR (approx. 2000 EUR) when applying to arbitration courts. Lawyers have long talked about the need to increase state fees as a means of combating unjustified claims on the one hand and defaulters on the other (after all, the state fee is collected from the defendant if the claim is satisfied). However, such a sharp increase in fees could hardly have been predicted. We expect the number of court cases to fall statistically in the months after the law comes into force.
Changes in state fees for other types of claims
The fee for disputable transactions in arbitration courts will be calculated on the basis of the value of the property for which the contract was concluded (price of contract) and not on the basis of a fixed amount of 6,000 roubles (approx. 60 EUR). Although this is logical, there will be numerous disputes over the valuation of such property for the purpose of calculating the state fees. There will certainly be lawsuits returned and related missed limitation periods.
There will also be changes in the state fees for considering an application to declare a debtor bankrupt at the request of a company. The state fee of 6,000 roubles, which is the usual and convenient fee for all legal entities, will remain a thing of the past. Now the state fees for such an application will be 100,000 roubles (approx. 1000 EUR).
State fees for appealing court decisions
For an appeal one will have to pay 30,000 roubles (approx. 300 EUR) instead of 3,000 roubles (approx. 30 EUR), and for cassation stage 50,000 rubles (approx. 500 EUR). For the second cassation stage (which takes place in the Supreme Court of the Russian Federation) the state fees would be 80,000 rubles (approx. 800 EUR).
If you have been planning to take a claim to arbitration, now is the time to do it. The bill is likely to be passed in the near future.
From 9 September 2024, new state fees must be paid for applications to the courts.
The law has been published.