Court Costs in Civil Proceedings: What You Need to Know (Russia)

Court costs are an essential part of civil litigation. Understanding the rules and deadlines for recovering them helps effectively protect your financial interests.

📌 What’s Included in Court Costs?

According to Article 88 of the Civil Procedure Code of the Russian Federation (CPC RF), court costs include:

• State duty (court fee);

• Case-related expenses, including:

  • attorney fees,

  • expenses for witnesses, experts, and specialists,

  • translation services, travel, accommodation, and other costs.

⚖️ Who Is Responsible for Paying?

As a general rule (Articles 98 and 100 CPC RF), the losing party must reimburse the winning party's court costs. If the claim is partially satisfied, expenses are distributed proportionally.

📋 Procedure for Recovery:

1. Documenting the CostsAll expenses must be supported by documents: contracts, receipts, acts of services rendered, invoices, etc.

2. Filing the Application for ReimbursementYou may submit a motion for court cost recovery:

• during the trial, before judgment;

• after judgment, but before case closure;

• in a separate hearing (if costs occurred or were documented later) by submitting a specific application (Article 112 CPC RF).

🕒 Time Limit to File a Court Cost Claim

Since October 1, 2019, deadlines are governed by Article 103.1 CPC RF:

✅ If the court did not address cost recovery in its decision, a separate application may be filed within 3 months after the final judicial act (including appeal, cassation, or supervisory review) enters into force.

📌 The 3-month period starts from the date the final judgment becomes effective, not from the original court decision.

🔁 If the deadline was missed for a valid reason, the court may restore it.

💼 Step-by-Step Instructions:

1. Collect supporting documents (contracts, payment receipts, service acts).

2. Make sure the court didn’t already rule on the costs.

3. Identify the date when the final judicial act became effective.

4. File your application within 3 months to the trial court.

🧮 Reasonableness Check

The court evaluates the reasonableness and proportionality of legal fees—especially attorney costs. Even with a signed contract, the judge may reduce the amount if it appears excessive.

📄 Court Ruling

Cost recovery is resolved in a court session, with a separate ruling, which can be appealed via private complaint within 15 working days.

⚠️ Notes:

• If you incurred costs in the appellate instance and that court did not address reimbursement, you must file your application with the trial court.

• Do not delay filing to avoid disputes about missed deadlines.

📚 Case Example:

In case No. 2-****/2024, the plaintiff sought ₽250,000 in attorney fees. The defendant objected, arguing the amount was excessive. After evaluating the contract and the scope of services, the court reduced the amount to ₽120,000, finding it reasonable for the region and case complexity.

🧾 The right of the court to reduce actual legal expenses is set by the CPC RF. Detailed explanations were provided by the Supreme Court of the Russian Federation in Plenum Resolution No. 1 of January 21, 2016.

Образец заявления о взыскании суд расходов.docx

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🔁 What If the Ruling Is Final but the Debtor Won’t Pay?

Once the court issues a ruling on court costs, the next step is to obtain an enforcement writ and submit it to the Federal Bailiff Service (FSSP).

📌 When Can You Obtain the Writ?

The writ is issued after the ruling becomes final (Article 428 CPC RF):

• If not appealed — after 15 working days;

• If appealed — after the appeal is resolved.

📝 How to Get the Enforcement Writ:

1. Prepare a request to issue the enforcement writ.

2. Apply to the trial court that issued the ruling.

3. The court must issue it within 5 working days after your request.

4. Collect the writ in person, by mail, or via a representative.

   
   

📂 Submitting the Writ to the FSSP:

1. Prepare a request to initiate enforcement proceedings (under Article 30 of the Enforcement Proceedings Law).

2. Attach:

   • the original enforcement writ,

   • a copy of the court ruling,

   • your bank account details for receiving the funds,

   • a power of attorney (if represented).

3. Submit the documents:

   • in person at the FSSP office,

   • via mail,

   • or online via Госуслуги (if available).

🕒 Deadlines:

• You have 3 years from the date the ruling becomes final to present the writ (Article 21 of the Enforcement Proceedings Law).

• The bailiff must initiate enforcement within 3 working days or issue a reasoned refusal.

⚠️ Final Tips:

• Ensure the ruling has entered into legal force.

• Do not lose the original writ — only one is issued.

• Monitor enforcement progress via the FSSP portal: https://fssp.gov.ru

💡 If this issue affects you, I have a template ready. Just adjust it for your case and confidently file your claim.

Lawyer Tatiana Tretyak