Voluntary arrangement and legal costs
February 17, 2020

After the conclusion of a voluntary arrangement, often the parties face the question of the apportionment of court fees.

When concluding a voluntary arrangement, a conciliation agreement, legal costs are allocated in accordance with its terms. In the event that in a voluntary arrangement, a conciliation agreement, the parties did not provide for conditions for the apportionment of court fees, the court shall resolve this issue taking into account the following.

The conclusion of a voluntary arrangement, a conciliation agreement is due to mutual concessions of the parties, and the termination of the proceedings in the light of this circumstance does not in itself indicate the adoption of a judicial act in favor of one of the parties to the dispute. Therefore, the court fees incurred by the parties during the consideration of the case before they conclude a voluntary arrangement, a conciliation agreement, relate to them and are not subject to the apportionment.

At the same time, the court fees incurred by the court in connection with the consideration of the case at the expense of the corresponding budget of the budget system of the Russian Federation (Article 103 of the Code of Civil Procedure of the Russian Federation, article 114 of the Code of Administrative Judicial Procedure of the Russian Federation), the sums payable to witnesses, experts, specialists are allocated by the court and on his initiative, between the parties equally by rendering of ruling (part 2 of article 101 of the Code of Civil Procedure of the Russian Federation, part 2 of article 113 of the Code of Administrative Judicial Procedure of the Russian Federation).

The above explanations are contained in paragraphs 26 and 27 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of January 21, 2016 N 1 "On some issues of the application of legislation on the apportionment of court fees associated with the consideration of the case."

Elena Tovkan
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