How court costs are allocated when a claim is dismissed and the claim is left without consideration
March 20, 2020

What the Supreme Court says about this issue.

Upon termination of the proceedings due to the Plaintiff's refusal of the claim resulting from the voluntary satisfaction of his or her claims by the Defendant after the Plaintiff appeals to the court, court costs are recovered from the Defendant (part 1 of Article 101 of the Code of Civil Procedure of the Russian Federation, part 1 of Article 113 of the CAS RF, Article 110 of the Arbitration Procedural Code of the Russian Federation).

It should be borne in mind that a waiver of a claim is a right and not an obligation of the Plaintiff, therefore, the reimbursement of legal costs to the Plaintiff under the such circumstances cannot be made dependent on the statement of the waiver of the claim. Consequently, in the case of voluntary satisfaction of claims by the Defendant after the Plaintiff appeals to the court and a court decision is made in such a case, legal costs are also recovered from the Defendant.

If the statement of claim is left without consideration on the basis of the paragraph 8 Art. 222 of the Code of Civil Procedure of the Russian Federation it should be guided by part 4 Article 1 and part1 Article 101 of the Code of Civil Procedure of the Russian Federation. According to part 1 of Article 101 of the Code of Civil Procedure of the Russian Federation in the event the Plaintiff refuses the lawsuit, the Plaintiff reimburses the Defendant for the costs incurred in connection with the conduct of the case (extract from the "Review of the legislation and judicial practice of the Supreme Court of the Russian Federation for the first quarter of 2009", approved by the Decree of the Presidium of the Supreme Court of the Russian Federation dated 03.jul.2009).

Elena Tovkan
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