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The essence of the institute of court costs in the economic
process
Farrukh BABAJANOV
Supreme School of Judges with the Supreme Judicial Council of the Republic of Uzbekistan
ARTICLE INFO
ABSTRACT
Article history:
Received July 2024
Received in revised form
15 July 2024
Accepted 25 July 2024
Available online
15 August 2024
This article defines the concept of legal expenses in legal
documents and examines the implementation of specific legal
expenses by individuals involved in economic proceedings. It
analyzes the issues surrounding the payment and collection of
state duties, as well as the expenses associated with the
consideration of cases.
2181-
1415/©
2024 in Science LLC.
DOI:
https://doi.org/10.47689/2181-1415-vol5-iss7/S-pp304-310
This is an open access article under the Attribution 4.0 International
(CC BY 4.0) license (https://creativecommons.org/licenses/by/4.0/deed.ru)
Keywords:
court costs,
state duty,
individuals participating in
the case,
law,
costs associated with the
consideration of the case,
postage,
dispute,
parties,
court order.
Иқтисодий процессда суд харажатлари институтининг
моҳияти
АННОТАЦИЯ
Калит сўзлар:
суд харажати,
давлат божи,
ишда иштирок этувчи
шахслар,
ишни кўриш билан боғлиқ
чиқимлар,
почта харажати,
низо,
тарафлар,
суд буйруғи.
Ушбу мақолада суд харажатларининг тушунчаси,
иқтисодий суд ишларини юритишда иштирок этувчи
шахслар томонидан муайян суд харажатларининг амалга
оширилиши қонун ҳужжатларида белгилаб қўйилганлиги,
давлат божи ва ишни кўриш билан боғлиқ чиқимларни
тўлаш ҳамда ундириш масалалари таҳлил қилинади.
1
Independent researcher, Supreme School of Judges with the Supreme Judicial Council of the Republic of Uzbekistan.
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305
Сущность
института
судебных
издержек
в
экономическом процессе
АННОТАЦИЯ
Ключевые слова:
судебные расходы,
государственный
пошлина,
лица,
участвующие в деле,
право,
расходы,
связанные с
рассмотрением дела,
почтовые расходы,
спор,
стороны,
судебный приказ.
В данной статье в правовых документах определяется
понятие судебных расходов, осуществление отдельных
судебных
расходов
лицами,
участвующими
в
экономическом судопроизводстве, анализируются вопросы
уплаты и взыскания государственной пошлины и расходов,
связанных с рассмотрением дела.
According to Article 55 of the Constitution of the Republic of Uzbekistan,
"Everyone has the right to protect his/her rights and freedom through all methods not
prohibited in law. Everyone is guaranteed the right to protect their rights and freedom
through the court, and to appeal to the court against illegal decisions, actions, and
inaction of state bodies and other organizations and their officials.
Hearing cases in economic courts require certain costs. The legislation, in turn,
provides for the reimbursement of these costs by the people participating in the case.
Court costs are fees collected from the participants in the case for the benefit of the state
and compensation for other costs.
At the same time, citizens and organizations are required to pay court costs when
they apply to economic courts with a claim, application, or complaint.
However, court costs are not defined in our legislation, but, the concept of court
costs is given in legal literature.
According to the legal scientist Sh.Sh.Shorakhmetov, a certain part of the funds
spent by the state in the administration of justice in business (economic) cases is paid by
the individuals interested in the case. The law obliges these individuals (citizens and
organizations) to cover court costs incurred in connection with conducting economic
affairs in courts
–
state duty and expenses related to the hearing of the case.
Z.N. Esanova, a procedural scientist of Uzbek jurisprudence, refers to court
expenses as "organization of judicial activities, formation of the state budget, smooth
implementation of court proceedings, organization of the circulation of court documents,
as well as ensuring the fulfillment of procedural obligations of those who apply to the
court, procedural obligations of persons participating in the case "Court costs are the
funds that are received, collected, paid, distributed and spent for the further increase of
their responsibility, material incentives for the procedural actions of the persons
implementing justice and other actions related to the court".
Scientist on legal science, Sh.Sh. Shorakhmetov said that the importance of
payment of court costs by the persons interested in the case is not to obtain funds for the
state but to encourage the parties to fulfill their civil legal duties voluntarily and to
prevent the initiation of groundless disputes.
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According to the general rules, any interested person, to protect his violated rights
and interests protected by law, applies to the court based on a written claim (application,
complaint) following the procedure established by the economic procedural legislation.
To consider this lawsuit, applications, and complaints, the court will accept them,
initiate an economic case, appoint the case for hearing, demand the necessary
documents, and issue a decision based on the results of the case.
In the implementation of these procedural actions, it is taken into account the need
to submit a payment document confirming the payment of court costs, state duty and
postal costs.
A certain part of the funds spent by the state in the implementation of justice in
economic cases is paid by the person interested in the case.
According to Article 112 of the Economic Procedural Code of the Republic of
Uzbekistan, court costs consist of state duty and court costs related to the consideration
of the case.
In the economic courts of the Republic of Uzbekistan, when the parties file a claim
(petition, complaint) in the court, not knowing what kind of cases state duty will be paid
and how much it will be paid, can be a reason for the parties to be confused when
applying to the court, such as repeatedly applying to the court.
Under the first part of Article 3 of the Law of the Republic of Uzbekistan "On State
Duties", state duty means a mandatory fee charged for the performance of legally
significant actions and (or) the issuance of documents by authorized institutions and (or)
officials for such actions.
The main purpose of collecting state duties is to prevent unjustified appeals to the
court, to encourage individuals to fulfill their obligations voluntarily, and to cover the
costs of court proceedings in a certain sense. Litigation expenses include the
reimbursement of costs incurred for legal proceedings, dispute resolution or application,
as well as the means involved in determining the objections of the opposing party.
The state tax on economic affairs is collected from the following:
1) lawsuits submitted to courts;
2) applications to declare legal entities and individuals insolvent;
3) applications for employment as a third party with independent requirements
about the subject of the dispute;
4) applications to determine the facts that are important for the emergence,
change, or cancellation of the rights of legal entities and individual entrepreneurs in the
field of economy;
5) applications to dispute the decisions of the arbitration court;
6) applications to issue a writ of execution for the compulsory execution of
decisions of the arbitration court;
7) applications for recognition and enforcement of a decision of a foreign court
(arbitration);
8) appeals and cassation complaints:
a) over decisions of economic courts;
b) over the rulings on termination of proceedings, on leaving the claim unheard, on
the imposition of court fines;
c) over rulings on disputes regarding decisions of the arbitration court;
g) on decisions to issue a writ of execution for the compulsory execution of
decisions of the arbitration court;
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d) on rulings on the recognition and enforcement of the decision of a foreign court
(arbitration);
9) for providing duplicates and copies of court documents.
State duty is also levied on applications to increase the amount of the claim and to
issue a court order.
State duty is not charged for photocopying of work documents.
10) From applications to cancel the arbitration decision.
Relations related to the payment of state duty on economic affairs are regulated by
Chapter 12 of the Economic Procedural Code of the Republic of Uzbekistan and the Law
"On State Duty".
The amount of state duty to be paid is determined according to the rates
established by law, depending on the type of claim the plaintiff (applicant) is applying to
the court.
In particular, in the Law of the Republic of Uzbekistan "On State Duty" from claims
of a property nature in the amount of 2 percent of the value of the claim, but not less than
1 times the amount of the basic calculation, from claims of a non-property nature and
arising during the conclusion, amendment or cancellation of business contracts in the
amount of 10 times the amount of the basic calculation, about inability to pay A state duty
is paid in the amount of 3 times the amount of the basic calculation from the applications
for the initiation of a case.
As a rule, the state duty is paid before the complaint application (application), and
the complaint is submitted to the court, otherwise specified by law (for example, the
payer is exempted from paying the state duty or the court has delayed the payment of the
state duty).
The fact that the state duty has been paid in cashless form must be confirmed by a
payment order with a bank's sign that the payment has been received.
The fact that the state duty has been paid in cash must be confirmed by a receipt of
the specified form given to the payer by the bank.
The state duty must be paid before filing a claim (application) by an interested
party in the economic court, if there is no exemption from paying the state duty or a delay
in the payment of the state duty.
When the fact of payment of state duty is made without cash, the fact that it was
paid in cash is confirmed by a bank payment order, and a receipt issued by the bank.
Based on Article 114 of the Economic Procedural Code of the Republic of
Uzbekistan, the value of the Claim is determined as follows:
1) based on the amount to be collected in the case of claims for recovery of funds;
2) on claims for recognition of ownership rights to property
–
based on the value of
the property;
3) on the claims of declaring the execution document or other document, the
collection of which is carried out in an unconditional (acceptance) procedure, as
unenforceable
–
based on the disputed amount;
4) according to the claims for requisitioning of property
–
based on the value of
this property;
5) in the case of claims for the acquisition of a plot of land
–
based on the value of
the plot of land at the established price, and in the absence of a price, based on the
market price.
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The cost of the claim includes the sums of neustopika specified in the claim.
The value of a claim consisting of several independent claims is determined by the
sum of all claims.
If the value of the claim is incorrectly specified, the value will be determined by the
court.
According to Article 139 of the Economic Procedural Code of the Republic of
Uzbekistan, a state duty is paid in the amount of fifty percent of the rate calculated based
on the amount in dispute when applying to the court with a lawsuit in the general
procedure for an application to issue a court order.
The amount of the state duty to be paid on the application for issuing a court order
should not be less than 50% of the amount of the base calculation, and when small
business and private business entities apply to the court with an application for issuing a
court order, the amount of the state duty to be paid should not be less than 25% of the
amount of the base calculation.
Expenses related to the consideration of the case
–
expenses related to the
consideration of the case, in addition to the state duty, arise in the conduct of economic
court cases. These include claims and application requirements, counterclaim
requirements, objections, etc. It arises from the involvement of information
communication techniques in the process.
The following are the outputs related to economic performance:
1) sums to be paid to witnesses, experts, specialists, translators;
2) costs associated with on-site examination of evidence;
3) expenses related to the examination ordered by the court;
4) postal costs related to sending court notices and court documents;
5) expenses related to conducting the court session in the video conference mode;
6) consists of other costs related to handling the case.
the rate of expenses related to the consideration of the case is established by law,
as well as by the court. In particular, the amount of postal costs related to sending court
documents is determined by the court, but this amount should not exceed one-tenth of
the amount of the basic calculation and must be deposited in the deposit account of the
court by the person filing the claim (petition, complaint). Also, court costs related to
conducting the court session in the mode of video conference, i.e. expenses are
determined by the court and collected from the parties based on the results of the case
review by Article 118 of the Economic Procedural Code of the Republic of Uzbekistan.
According to the decision of the Supreme Court of the Republic of Uzbekistan
No. RS-59-18, adopted on October 25, 2018, the amount of postal expenses when
applying to the courts (application, complaint) from November 1, 2018 was determined.
Based on the decision of the Board of Directors No. RS-71-22 of December 28, 2022,
changes were made to the amount of postage that must be paid to the courts, and starting
from January 1, 2023, when applying to the courts with a claim (petition, complaint), the
amount of postage will be paid as follows:
–
when applying for a court order
–
in the amount of five percent of the base
calculation amount;
–
when applying for all other cases, filing a lawsuit, reviewing court documents
with a request for reconsideration of newly opened cases, and filing an appeal or
cassation appeal against the court decisions issued in the reviewed cases, or based on the
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application to file a protest about re-examination of the case in the cassation procedure
when the case is re-examined in the cassation procedure
–
it is set at ten percent of the
base calculation amount.
The fact that the party (parties) have not submitted court rulings in advance is a
reason for refusing to satisfy the request to summon a witness, an expert, or a specialist,
to visit the site, if it is necessary to comprehensively, fully, and objectively determine the
rights and obligations of the parties, the true circumstances of the case, there is no reason
to refuse satisfaction. In this case, the expenses incurred in connection with the
consideration of the case are charged when the court document is accepted according to
the provisions set forth in Article 118 of the Economic Procedural Code of the Republic of
Uzbekistan.
As a general rule, the court costs of the case shall be paid by the party who has
been wronged in the dispute.
The distribution of court costs between the parties and their recovery in favor of
the state is regulated by Article 118 of the Economic Procedural Code of the Republic of
Uzbekistan. Therefore, during the trial, the court (judge) should examine the
circumstances related to court costs, make relevant conclusions in the supporting part of
the decision regarding these circumstances, and determine not only the right to recovery,
but also the exact amount that should be recovered from the party (parties) in the case,
and decide this amount. it must be indicated in the conclusion of the decision (judgment,
decision).
The claimant (applicant) is exempted from paying the state duty, if the defendant
is not exempted from paying the duty, it will be charged to the state revenue from the
defendant in proportion to the amount of satisfied requirements.
When a claim (application) submitted by one or more claimants (applicants)
against several respondents, who are exempted from paying the state duty, is fully or
partially satisfied, it is charged to the state in proportion to the separately satisfied
requirements of each respondent.
Court costs may be charged to the plaintiff (applicant) only if the claim petition
(application) is satisfied and there is a corresponding request.
The state duty shall be collected from the claimants who filed the claim in the
interest of the state authorities and other persons exempted from paying the state duty,
when the lawsuits (applications) filed in the interest of legal entities and citizens are left
unheard or when the proceedings are terminated.
If a request for the application of the consequences of invalidity of the transaction
is submitted in the claim, the state fee for this claim is charged at the rate established for
claims of a property nature.
The costs incurred by the claimant (applicant) when he abandons his demands are
not covered by the respondent.
If the claimant (applicant) who is exempted from paying the state duty waives his
demands as a result of their voluntary full or partial satisfaction by the respondent, the
state duty shall be charged to the state income from the respondent.
In conclusion, court costs are not a reimbursement by the state for legal expenses
related to the review and settlement of economic cases, the organization of judicial
activities, or the administration of justice. Rather, they are part of the contractual legal
relationships between business entities, aimed at encouraging voluntary fulfillment of
contractual obligations and avoiding unnecessary litigation.
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–
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–
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–
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