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Exercise of the Right to Recover Court Expenses in Courts of General Jurisdiction and Arbitration Courts

ФИО студента: Igor Liashenko

Руководитель: Margarita Pavlova

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Оценка: 10

Год защиты: 2019

The purpose of this study is to examine the institution of court costs in arbitration and civil proceedings, identifying gaps and conflicts of legal regulation. In order to achieve this goal, the following tasks were set: conducting a systematic analysis of Russian legislation, identifying trends and prospects for the development of legal proceedings in this area of legal relations. Presented work has the following structure: introduction, three chapters (including eight paragraphs), and conclusion. In the first chapter, a comprehensive review of court costs was conducted, the characteristics and functions of the institute were highlighted, and court expenses were defined for civil and arbitration proceedings. The author outlines and justifies the expediency of dividing court costs into sub-institutions of court costs and state fees. The chapter also defines the subject composition of persons entitled to reimbursement of court costs. In the second chapter, the problem of the ratio of court costs and losses is considered, an analysis of the relevant scientific approaches is carried out, its possible solution is proposed. The third chapter is devoted to the study of unsolved problems of compensation for certain types of legal costs. These gaps are bounded with the procedure and criteria for compensation of expenses incurred by third parties who do not declare independent claims regarding the subject of the dispute; improper respondent; on expenses for representative services. Special attention is paid to the compensation of court costs after the court decision to the witness. Relying on the conducted research, the author came to the following conclusions: numerous changes required in the Civil Procedure Code and Commercial Procedure Code of the Russian Federation. Modifications are based on issues of reimbursement of court costs to an inappropriate respondent, a third party, a witness; clarification of the mechanism for the collection of costs per representative.

Full text (added May 8, 2019)

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