Sergey Petrachkov

Definition and Place of the Institute of Court Costs on Legal Representatives in Arbitrage Procedure

2011. No. 3. P. 87–93 [issue contents]

The article covers the approaches to the definition of court costs in arbitrazh procedures. The sources referred to are the RF Civil Code and commentaries thereto, Tax Code, Arbitration Procedure Code of the RF, the decisions of the RF Constitutional Court, and commentaries thereto, the decisions of the Presidium of the Supreme Court of Arbitration of the Russian Federation, academic research works (including dissertations) by Russian specialists in arbitration. The author shows an insufficient doctrinal basis of the issue on the material and legal nature of the institution of judicial costs to pay for the services of representatives (lawyers and other people rendering legal assistance to the parties participating in the arbitration procedures) and proposes a number of his own definitions and interpretations. He stresses that the topicality of the issue pointing to the fact that these expenses are a significant part of the total amount of judicial costs. A special attention is given to the definition, legal nature and limits of costs to pay to the representatives. The author debates with the Russian lawyers who prove that judicial costs include the salary to judges and staff, expenses on maintaining and repairing facilities etc. The author develops the idea that these expenses are part of the budgetary legislation and hence do not relate to judicial costs. However, he admits that the state can not be excluded from the list of entities bearing court costs. In particular, services of translators, judicial experts and in some cases the presence of witnesses are payable from the state budget. The article makes a conclusion on the ambiguous legal nature of these arbitration costs. They are losses, though at the same time, they are court costs.

Citation: Petrachkov S. S. (2011) Poniatie i mesto instituta sudebnykh raskhodov na oplatu uslug predstavitelia v arbitrazhnom protcesse [Definition and Place of the Institute of Court Costs on Legal Representatives in Arbitrage Procedure] Pravo. Zhurnal Vysshei shkoly ekonomiki, 3, pp. 87-93 (in Russian)
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