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Justice for the poor

Правосудие не для бедных

A wide resonance in February called the story of the inhabitant of Vologda Margaret’s Slit. Not having been for several years a car given to her by the city administration on the occasion of finishing school, she sued, but lost the lawsuit and was supposed officials of almost 70 thousand rubles for legal costs.

If these events had happened a year earlier, these costs most likely would have been incurred by the local budget. However, since autumn has a new Code of administrative procedure (CAS). According to him, all legal costs in disputes between a state and a citizen borne by the losing party, which in the end, the majority of such litigation is the citizen. The situation was complicated by the recent ruling of the Plenum of the Supreme court, which recalled that the costs we have to charge “reasonable”, but generally allowed to claim a higher compensation of court costs.

As previously reported by “NEITHER”, since September, entered into force the new Code of administrative procedure (CAS), which concerns, in fact, legal disputes of citizens with the state. Under article 11 of the code, “the party in whose favor the judgment, the court awards all incurred judicial expenses”. An exception is made only if the loser has a disabled combat veteran or poor. In court costs, according to CAS, include the costs of experts, interpreters, travel and accommodation parties, their representatives (attorneys), expenses for postage and “other recognized by court necessary expenses”.

Previously, disputes of citizens with the state was regulated by the Civil procedure code. According to him, the winning party also has the right to recover costs from the losing, but most of the action (for example, the challenge of experts and interpreters by the court) paid from the Federal budget.

Besides, even if the authorities beat citizens, its right to recover costs they used not so often – as a rule, legal costs are repaid at the expense of budget funds (and local officials, probably, often seen in some benefit).

In this sense, the case of Margaret vologzhanka Slit can be considered a precedent. The history of Slit published in early February, regional media, it soon became known all over the country. In 2005, the schoolgirl Margarita Deleva became thousand medalist Vologda. At the prom she got a generous gift certificate to the car Daewoo Matiz, which the girl was handed over personally by the then head of the city Alexey Yakunichev, later convicted of misappropriation of budget funds. Slit explained that to sit behind the wheel of your car it can, if you fulfill two conditions: they’ll finish the University and get a job in the Vologda institution. Both conditions are fulfilled the girl, however, when she asked the dealership for the promised gift, the CEO of the dealership the “gateway of the North” said that the car the girl will not give up. And warned that if she sued, you will lose a lot of money.

And so it was. The lawsuit was Slit the administration of Vologda and the dealership. In the lawsuit she was denied: the court considered that the certificate on the car was not properly executed. There was no technical characteristics of the car, identification numbers, release year and print of the giver, so that “no legal relationship relative to the vehicle between the parties has arisen”. An appeals court confirmed this decision. And then Slit became interested in the bailiffs: it appears she owes the defendants 66 thousand rubles for legal costs.

Thanks to the reaction of the media and social networks on this story to pay the traveling Slit of a lawyer yet do not have: interfered with a situation the current mayor of Vologda Eugene Shulepov. He said on February 11, the city administration and the auto show is ready to withdraw the suit to recover costs.

It is significant that recently the regional housing and communal services began to warn the citizens that in the event of litigation citizens may have to pay more and court costs of the government Agency. For example, officials of the capital repair Fund of the Perm region recently reported that in February, the first time they were able to recover from the citizen in court the arrears of contributions for the overhaul, which add on expenses of the Department on legal costs. The Agency also November 2015 sent to local residents 997 notices of the debt, where he threatened including the courts and collection of court costs. And the Vladivostok organization “Seaside electric networks” on February 12 said that the inhabitants of the province owed for electricity by more than 17 million rubles; however, energy warned that if the debt is not extinguished in the pretrial order, it shall be recovered through the court together with court costs.

Although innovation concerns only disputes of citizens with state government agencies are increasingly reporting the recovery of legal costs and commercial organizations. So, the Federal Antimonopoly service (FAS) in August of last year told about the first in the history of the Department to recover court costs. The litigation was initiated by the Association of operators of alcohol market of the Orenburg region, which the Federal Antimonopoly service has accused “of illegal coordination of economic activity of its members.” Court merchants lost, owing for costs 224 thousand rubles. In the FAS noted that his Ministry “has appeared a powerful tool to influence companies that used to massively practiced a prolonged judicial processes and lack of compliance FAS”.

In the Saratov region, the local office of the Federal bailiff service said in December about collecting of court costs from the airline “the Saratov airlines”. The costs associated with the participation of the representative of UFSSP in court, the Agency estimated in 6,2 thousand roubles. Previously the carrier had lost the bailiffs litigation on the claim related to his business reputation: the carrier did not like that the head UFSSP negative comments about the activities of “the Saratov airlines”.

Using the fact that the list of legal expenses, subject to compensation, legislation outdoor, parties often include these costs “are not just ridiculous, and blatantly wrong points”, said “NO” lawyer Dmitry agranovskii. It happens not only in civil cases. So, in the case against the opposition Sergei Udaltsov and Leonid Razvozzhaev has placed on defendants the cost of travel of witnesses. Moreover, including defense witnesses. “This was done explicitly in order for the defense to think twice whether to call a witness or not. It was a repressive measure, it prevents the equality of parties equality of access to justice”, – said “NO” Dmitry agranovskii.

The citizens or companies, even won the courts of the state, court costs are not always reimbursed from the budget. So, in September of last year the Prosecutor’s office of the Orenburg region has achieved cancellation of decisions on collecting from the CPS court costs incurred by the owner of the cafe. CPS sued the employer in the interests of the eight citizens who were allegedly poisoned at the school. The findings of the examination did not confirm the guilt of the owner of the cafe, he defeated the Federal service court and ordered to pay Department costs in the amount of 8 thousand rubles. However, the Prosecutor’s office complained to the Presidium of the Orenburg regional court, and that her complaint agreed.

In December last year, the Supreme court permitted the Department of the interior Ministry Kochubeevsky area of Stavropol territory is not to pay for the costs of a commercial firm that won the Agency the court. Company “F. cargo and Customs services” in its lawsuit, complained about the inaction of the police Department: there didn’t want to open a criminal case in its statement. During the trial, the Department gave up and wrote an official refusal to initiate a case. The company renounced her claims, but claimed compensation for the costs of preparing a claim and the representative in court. Arbitration courts of three instances supported the motion – the police Department has paid 30 thousand rubles. But the Supreme court unexpectedly ruled that the office of the merchants nothing.

With refusal in compensation of court costs to citizens faced the lawyers of the Fund “Mother’s Right”, which is engaged in legal assistance to the families of soldiers killed in the army in peacetime. So, the wife of the deceased combat veterans Anastasia Maximova in 2014, the court refused to award compensation for legal expenses from the interior Ministry… in the amount of 700 rubles.

Some changes in the practice of collection of court costs was made by the January resolution of the Plenum of the Supreme court. The document allows the winning side to expect higher compensation for legal costs. Specifically, sun believes that the list of costs provided for in the Russian legislation, “is not exhaustive”. In legal costs should include the costs associated with the collection of evidence, the legalization of foreign official documents, notarization of documents, pre-trial appraisal of the property, grant power of attorney and other counsel, according to the sun. In the Supreme court reminded that cost recovery should require “reasonable”.

“I believe that legal costs should be covered by the state budget. Because the people without money are in an unequal situation: they need to think twice whether to apply to the court and whether they will pull such expenses. And justice should be available to all”, – commented on the situation “OR” lawyer Dmitry agranovskii.

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