State fee for arbitration: sizes
State duty is a mandatory fee paid when filing a claim. In 2021, the fee is transferred to the Arbitration Court of First Instance, to the Arbitration Court of Appeal and is paid strictly in accordance with the payment details. Here are the main amounts of the state duty, which in 2021 are applied when applying to the arbitration courts of the Russian Federation and the Supreme Court of the Russian Federation (in cases considered in accordance with the Arbitration Procedural Code of the Russian Federation):
| Case | Duty amount |
| Filing a property claim subject to assessment. | For the value of the claim: · up to 100,000 rubles - 4% of the claim price, but not less than 2,000 rubles; · from 100,001 rubles to 200,000 rubles - 4,000 rubles + 3% of the amount exceeding 100,000 rubles; · from 200,001 rubles to 1,000,000 rubles - 7,000 rubles + 2% of the amount exceeding 200,000 rubles; · from 1,000,001 rubles to 2,000,000 rubles - 23,000 rubles + 1% of the amount exceeding 1,000,000 rubles; · over 2,000,000 rubles - 33,000 rubles + 0.5% of the amount exceeding 2,000,000 rubles, but not more than 200,000 rubles. |
| Submission of applications to recognize a non-normative legal act as invalid and to recognize decisions and actions (inaction) of state bodies, local governments, other bodies, and officials as illegal. | · for individuals - 300 rubles; · for organizations - 3,000 rubles. |
| 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. |
| Filing other claims of a non-property nature, including applications for recognition of rights, applications for an award to perform duties in kind. | 6,000 rubles. |
| Filing an application for securing a claim | 3,000 rubles |
| Filing an appeal and (or) cassation complaint against decisions and (or) resolutions of the arbitration court, as well as against court rulings on refusal to accept a statement of claim (statement) or an application for issuing a court order, on termination of proceedings in a case, on leaving a 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. | 3000 rubles. |
| Filing a cassation appeal against a court order. | 3000 rubles. |
| Filing a supervisory complaint. | 6000 rubles. |
| Filing an application to declare the debtor insolvent (bankrupt). | · for individuals - 300 rubles; · for organizations - 6,000 rubles. |
| Filing an application to establish facts of legal significance. | 3,000 rubles. |
According to clause 2, part 1, art. 126 of the Arbitration Procedure Code of the Russian Federation, the statement of claim is accompanied by a document confirming the payment of the state duty in the established manner and in the amount, or the right to receive a benefit in the payment of the state duty, or a petition for a deferment, installment plan, or a reduction in the amount of the state duty.
State duty when filing a statement of claim in a court of general jurisdiction and in an arbitration court
Although initially this concerned arbitration courts, now the state duty is calculated in the same way in courts of general jurisdiction. I remember when, some time after the release of the Plenum Resolution, I paid the state fee to the court of general jurisdiction (it was a district court). In full rubles, discarding kopecks, since there were less than 50. At first, the judge wanted to leave without movement, since there were a few kopecks missing.
Procedure for paying state duty
As stated in para. 2 hours 3 tbsp. 333.18 of the Tax Code of the Russian Federation, payment of state duty in non-cash form is confirmed by a payment order with a note from the bank or the corresponding territorial body of the Federal Treasury (another body that opens and maintains accounts), including one that makes payments in electronic form, about its execution.
The rules for filling out payment orders are established by order of the Ministry of Finance of the Russian Federation dated November 12, 2013 No. 107n. This regulatory act establishes the specifics of indicating codes in a payment order for different categories of state duty payers.
Filling out a payment order for state fees is an almost automatic process. However, the bank-client system or online bank will not be able to determine for the applicant what exactly should be indicated in each of the fields of the payment. In this article we will tell you how to correctly fill out a payment order for the payment of state fees for legal entities, individual entrepreneurs and individuals, as well as what codes to indicate in the payment order in 2021.
Individual (not individual entrepreneur)
According to paragraph 1 of Article 45 of the Tax Code, payment of the state duty can be made for the payer by another person - a representative. But at the same time, it must be clear from the payment document for whom the state duty was paid. For non-cash payments, it is necessary to indicate in the payment order both the applicant and his representative:
According to the payment order, the bank is obliged to transfer funds to the recipient within the deadlines established by law, but provided that other deadlines are not specified in the agreement concluded between the bank and the account holder.
Most citizens of the Russian Federation sooner or later have to fill out a payment order for state duty. In order for the payment to go through without errors, it is important to fill out the specified document correctly. This article will outline aspects that are worth paying attention to when creating a payment order for payment of state duty.
Validity period of payment order for state duty
The instruction has been sent to the bank that maintains the payer’s account. Funds are transferred from a deposit account. If for some reason the account does not have the required amount of money, but the agreement between the bank and the payer provides for an overdraft, the transfer will be carried out. This document must be drawn up and submitted to the bank for execution in electronic or paper form.
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