Our team prepared an overview of what we believe to be the most significant changes, which include:
- a multiple increase in claim fees for filing monetary claims where the specific amount of money (the value of the claim) can be determined;
- the introduction of fees calculated based of the value of the claim, charged for filing applications related to the enforcement of foreign court judgments and arbitral awards and awards of Russian arbitral tribunals, and for challenging arbitral awards: previously, when the claimant applied to an arbitrazh court for a writ of enforcement of an award rendered, for example, by the International Commercial Arbitration Court (ICAC) at the Chamber of Commerce and Industry of the Russian Federation, the claimant had to pay RUB3,000; now that the law has been adopted, the fee will be paid as a percentage of the amount awarded;
- the introduction of fees calculated on the basis of the value of the claim for claims with an arbitrazh court seeking the application of the consequences of the invalidity of a transaction: previously, the fee charged to legal entities was RUB6,000, now it will be calculated in the same way as the fee for a monetary claim, depending on the value of the property;
- the introduction of fees for filing bankruptcy claims calculated in the same way as for filing a claim: instead of RUB6,000 for challenging a transaction, the bankruptcy trustee or creditor will now have to pay 50% of the standard filing fee.
Fees in arbitrazh courts
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Previous amount |
New amount |
|
Lower limit for a monetary claim where the value of the claim can be determined |
4% of the amount claimed, but at least RUB2,000 |
RUB10,000 |
|
Upper limit for a monetary claim where the value of the claim can be determined |
RUB200,000 |
RUB10 million |
|
Non-monetary claim |
RUB6,000 |
Individual (citizen) (“IND”) – RUB15,000 Legal entity (“LE”) – RUB50,000 |
|
Claim seeking a bankruptcy declaration |
IND – RUB300 LE – RUB6,000 |
IND – RUB10,000 LE – RUB100,000 |
|
Application for an injunctive relief |
RUB3,000 |
RUB30,000 |
|
Application for the substitution or cancellation of an injunctive relief (NEW) |
noneSection 27 of Resolution No. 46 of the Plenum of the Supreme Court of the Russian Federation dated 11 July 2014 “On the application of the laws on state fees when considering cases in arbitrazh courts” |
RUB30,000 |
|
Application for the recognition and enforcement of foreign court judgments / arbitral awards or for issuing a writ of enforcement of an arbitral award |
RUB3,000 |
30% of the fee for filing a monetary claim, calculated based on the amount awarded |
|
Application seeking to set aside an arbitral award |
Fee for filing a monetary claim, calculated based on the contested amount |
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|
Appeal petition |
IND – RUB10,000 LE – RUB6,000 |
|
|
First cassation appeal (district court) |
IND – RUB20,000 LE – RUB50,000 |
|
|
Second cassation appeal (Supreme Court of the Russian Federation) |
IND – RUB30,000 LE – RUB80,000 |
|
|
Supervisory complaint |
RUB6,000 |
IND – RUB30,000 LE – RUB80,000 |
|
Application seeking the application of the consequences of the invalidity of a transaction (NEW) |
The lawSection 24 of Resolution No. 46 of the Plenum of the Supreme Court of the Russian Federation dated 11 July 2014 “On the application of the laws on state fees when considering cases in arbitrazh courts”; Section 19 of Resolution No. 63 of the Plenum of the Supreme Court of the Russian Federation dated 23 December 2010 “On certain questions related to the application of Chapter III.1 of the Federal Law “On Insolvency (Bankruptcy)” did not contain any express provisions; the Supreme Court of the Russian Federation clarified that the fee to be paid for the invalidation of a transaction is RUB 6,000. |
The filing fee for a monetary claim, calculated based on the value of the property to be returned |
|
Applications related to isolated disputes in a bankruptcy case, e.g., challenging the debtor's transaction (NEW) |
50% of the fee, based on the merits of the claims |
Fees in courts of general jurisdiction
|
|
Previous amount |
New amount |
|
Lower threshold for a monetary claim where the value of the claim can be determined |
RUB400 |
RUB4,000 |
|
Upper limit for a monetary claim where the value of the claim can be determined |
RUB60,000 |
RUB900,000 |
|
Non-monetary claim |
IND – RUB300 LE – RUB6,000 |
IND – RUB3,000 LE – RUB20,000 |
|
Application for the recognition and enforcement of foreign court judgments/arbitral awards or for issuing a writ of enforcement of an arbitral award |
RUB2,250 |
30% of the fee for filing a monetary claim, calculated based on the amount awarded |
|
Application seeking to set aside an arbitral award |
The fee for filing a monetary claim, calculated based on the contested amount |
|
|
Appeal petition |
IND – RUB150 LE – RUB3,000 |
IND – RUB3,000 LE – RUB15,000 |
|
First cassation appeal |
IND – RUB5,000 LE – RUB20,000 |
|
|
Second cassation appeal |
IND – RUB7,000 LE – RUB25,000 |
|
|
Supervisory complaint |
IND – RUB 300 LE – RUB 6,000 |
IND – RUB7,000 LE – RUB25,000 |
|
Application seeking the application of the consequences of the invalidity of a transaction (the court practice of the Supreme Court of the Russian Federation is now set out in the law) (NEW) |
The lawSection 4 of the Review of the Laws and Court Practice of the Supreme Court of the Russian Federation for the third quarter of 2006 (approved by the Resolution of the Presidium of the Supreme Court of the Russian Federation dated 29 November 2006) did not contain any express provisions; the Supreme Court of the Russian Federation clarified that the fee to be paid should be equal to the filing fee for a monetary claim where the value of the claim can be determined |
The filing fee for a property related fee, based on the value of the property to be returned |
Example of fee calculation using the new rules
Let us assume that the amount of a legal entity's claim filed with an arbitrazh court is RUB10 million.
Once the lawSubclause 1 of clause 1 of article 33221 of the Tax Code of the Russian Federation as amended by the draft law is adopted, the fee amount will be RUB325,000 (RUB55,000 + 3% of the amount exceeding RUB1 million).
Under the current calculation formula, the fee is RUB 73,000.
