Resolution of the Supreme Court of the Russian Federation dated October 24, 2006 No. 18 “On some issues that arise for courts when applying a special part of the Code of the Russian Federation on Administrative Offences”

Civil relations:

Resolution of the Plenum of the Supreme Court of the Russian Federation dated 03/04/2021 N 2 “On some issues arising in connection with the application of antimonopoly legislation by courts”
Resolution of the Plenum of the Supreme Court of the Russian Federation dated 12/24/2020 N 45 “On some issues of resolving disputes regarding suretyship”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 11, 2020 N 6 “On some issues of application of the provisions of the Civil Code of the Russian Federation on termination of obligations”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 25, 2018 N 49 “On some issues of application of the general provisions of the Civil Code of the Russian Federation on the conclusion and interpretation of a contract”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 26, 2018 N 27 “On challenging major transactions and transactions in which there is an interest”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 26, 2018 N 26 “On some issues of application of legislation on the contract for the carriage of goods, passengers and luggage by road and on the contract of transport expedition”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 N 58 “On the application by courts of legislation on compulsory insurance of civil liability of vehicle owners”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 21, 2017 N 54 “On some issues of application of the provisions of Chapter 24 of the Civil Code of the Russian Federation on the change of persons in an obligation on the basis of a transaction”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 30, 2017 N 49 “On some issues of application of legislation on compensation for damage caused to the environment”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 27, 2016 N 63 “On the consideration by courts of disputes regarding payment for energy in the event that a normative legal act that sets a regulated price is declared invalid”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 22, 2016 No. 54 “On some issues of application of the general provisions of the Civil Code of the Russian Federation on obligations and their execution”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2016 N 7 “On the application by courts of certain provisions of the Civil Code of the Russian Federation on liability for violation of obligations”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated September 29, 2015 N 43 “On some issues related to the application of the provisions of the Civil Code of the Russian Federation on the limitation period”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 23, 2015 N 25 “On the application by courts of certain provisions of Section I of Part One of the Civil Code of the Russian Federation”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 29, 2015 No. 2 “On the application by courts of legislation on compulsory insurance of civil liability of vehicle owners” has become invalid

Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 27, 2013 N 20 “On the application by courts of legislation on voluntary insurance of citizens’ property”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 18, 2012 N 21 “On the application by courts of legislation on liability for violations in the field of environmental protection and natural resource management” (as amended on November 30, 2017)

Resolution of the Plenum of the Supreme Court of the Russian Federation No. 10, Plenum of the Supreme Arbitration Court of the Russian Federation No. 22 of 04/29/2010 “On some issues arising in judicial practice when resolving disputes related to the protection of property rights and other property rights”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 26, 2010 N 1 “On the application by courts of civil legislation regulating relations regarding obligations resulting from causing harm to the life or health of a citizen”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 12, 2001 N 15, the Plenum of the Supreme Arbitration Court of the Russian Federation dated November 15, 2001 N 18 “On some issues related to the application of the norms of the Civil Code of the Russian Federation on the limitation period” - lost force

Resolution of the Plenum of the Supreme Court of the Russian Federation No. 13, Plenum of the Supreme Arbitration Court of the Russian Federation No. 14 dated 10/08/1998 “On the practice of applying the provisions of the Civil Code of the Russian Federation on interest for the use of other people’s funds” (as amended on 12/04/2000)

Resolution of the Plenum of the Supreme Court of the Russian Federation No. 6, Plenum of the Supreme Arbitration Court of the Russian Federation No. 8 of July 1, 1996 “On some issues related to the application of part one of the Civil Code of the Russian Federation”

Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2, Plenum of the Supreme Arbitration Court of the Russian Federation No. 1 of 02/28/1995 “On some issues related to the entry into force of part one of the Civil Code of the Russian Federation”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 20, 1994 N 10 “Some issues of application of legislation on compensation for moral damage” (as amended on February 6, 2007)

Resolution of the Plenum of the Supreme Court of the Russian Federation dated 08/24/1993 N 8 “On some issues of application by courts of the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation” (as amended on 07/02/2009)

Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 10, 1980 N 4 “On some issues of the practice of consideration by courts of disputes arising between participants in common ownership of a residential building” (as amended on February 6, 2007)

Resolution of the Plenum of the Supreme Court of the USSR dated October 11, 1991 N 11 “On the practice of application of legislation by courts when considering cases on disputes between citizens and housing construction cooperatives”

LLC, JSC

Resolution of the Plenum of the Supreme Court of the Russian Federation No. 90, Plenum of the Supreme Arbitration Court of the Russian Federation No. 14 of December 9, 1999 “On some issues of application of the Federal Law “On Limited Liability Companies”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 10, 2001 N 12 “On the issue that arose during the application of the Federal Law “On Joint Stock Companies”

Circulation of bills

Resolution of the Plenum of the Supreme Court of the Russian Federation No. 33, Plenum of the Supreme Arbitration Court of the Russian Federation No. 14 of December 4, 2000 “On some issues in the practice of considering disputes related to the circulation of bills of exchange”

Resolution of the Plenum of the Supreme Court of the Russian Federation No. 3, Plenum of the Supreme Arbitration Court of the Russian Federation No. 1 of 02/05/1998 “On some issues of application of the Federal Law “On Bills of Exchange and Promissory Notes”

Intellectual Property Rights

Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 23, 2019 N 10 “On the application of part four of the Civil Code of the Russian Federation”

Resolution of the Plenum of the Supreme Court of the Russian Federation No. 5, Plenum of the Supreme Arbitration Court of the Russian Federation No. 29 dated March 26, 2009 “On some issues that arose in connection with the entry into force of part four of the Civil Code of the Russian Federation” has become invalid

Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 19, 2006 N 15 “On issues that arose in the courts when considering civil cases related to the application of legislation on copyright and related rights” has become invalid

Everything about criminal cases

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LIST of materials

Scientific comments

- if you are working on a real criminal case, then all the scientific and practical comments on the Codes do not make any sense to you, since they only confuse you with their thoughtful reasoning. For a practitioner, all this water is not needed, you cannot refer to these comments in a complaint or petition (we do not recommend doing this, for judges such references are not only not authoritative, but rather they irritate them).

OFFICIAL position of the Supreme Court

The official position on the application of the norms of the Criminal Code and the Code of Criminal Procedure is contained only in THREE sources:

- in the Resolutions of the Supreme Court;

- in Reviews of judicial practice of the Supreme Court (approved by the Presidium of the Supreme Court, published on the website vsrf.ru).

— in Answers to questions (thematic collections of answers to questions from courts).

Does not contain an official position:

But individual decisions of the Supreme Court on specific cases are not

the official position of the Supreme Court of the Russian Federation on the issues considered in them. (But if such a decision is mentioned in the Review of Practice, then it acquires the force of the official position of the Supreme Court).

Practice Reviews and Questions Answered

— in addition to the Resolutions of the Plenums, there are two more types of acts emanating from the Supreme Court: Reviews of judicial practice and Answers to questions from the courts. They do not have legal force, but it is quite acceptable to refer to them in petitions and complaints. Their source plays a role here: the authority of the Supreme Court acts despite the formal non-binding nature of these acts. We do not list them here on our website: this is impossible due to their large number.

Resolutions of the Plenums of the Supreme Court

— there are about 80 of them, new ones are released periodically, old ones lose their validity, but not often (about twice a year).

These are our most important working tools, so we have adapted each Plenum as much as possible for understanding and use in practice.

- resolutions of the Plenums play the role of instructions for judges, they are mandatory for courts, since Art.126

The Constitution gives the Supreme Court the right to give explanations of judicial practice.

— Resolutions of the Plenums of the Supreme Court: have exactly what we need: real legal force.

Resolutions of the Plenums of the Supreme Court - ensure uniformity of practice

Each of the Plenums begins with the same introduction “ In order to ensure the uniform application of norms by the courts....., as well as in order to form a uniform judicial practice, the Plenum of the Supreme Court of the Russian Federation, guided by Article 126 of the Constitution, Articles and N 3-FKZ, decides to give the following clarifications to the courts...

«.

- that is, the obligation of all courts to interpret and apply the rules in this way

as stated in the specific resolution of the Plenum of the Supreme Court.

— it is the resolutions of the Plenums that implement the principle of uniformity

judicial practice.

Plenums on the mechanisms of the Criminal Procedure Code

Plenums on individual articles of the Criminal Code

Plenums on the mechanisms of the Criminal Executive Code

PRACTICAL aspects (use of Plenums)

What to do if there is no Plenum on the required issue

Links in complaints about Plenums

Use of Plenums when appealing the severity of a sentence

Retroactive force for Plenums of the Supreme Council only applies to the future

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Family legal relations

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 N 56 “On the application of legislation by courts when considering cases related to the collection of alimony”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 14, 2017 No. 44 “On the practice of courts applying legislation when resolving disputes related to the protection of the rights and legitimate interests of a child in the event of an immediate threat to his life or health, as well as when restricting or depriving parental rights”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 16, 2017 N 16 “On the application of legislation by courts when considering cases related to establishing the origin of children”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 20, 2006 No. 8 “On the application of legislation by courts when considering cases of adoption of children”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 5, 1998 N 15 “On the application of legislation by courts when considering cases of divorce” (as amended on February 6, 2007)

Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 27, 1998 N 10 “On the application of legislation by courts in resolving disputes related to the upbringing of children” (as amended on December 26, 2017 N 56)

Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 25, 1996 No. 9 “On the application by courts of the Family Code of the Russian Federation when considering cases of establishing paternity and collecting alimony” has become invalid

In cases arising from public legal relations, application of the norms of the CAS of the Russian Federation

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 17, 2020 N 42 “On the application of the norms of the Code of Administrative Proceedings of the Russian Federation when considering administrative cases in simplified (written) proceedings”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated 07/09/2020 N 17 “On the application by courts of the norms of the Code of Administrative Proceedings of the Russian Federation governing proceedings in the cassation court”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 11, 2020 N 5 “On the application by courts of the norms of the Code of Administrative Proceedings of the Russian Federation governing proceedings in the court of appeal”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 26, 2019 N 50 “On some issues arising in connection with the consideration by courts of administrative cases of involuntary hospitalization of a citizen in a medical anti-tuberculosis organization”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 26, 2018 N 28 “On some issues that arise for courts when considering administrative cases and cases of administrative offenses related to the application of legislation on public events”

​Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 13, 2017 N 21 “On the use by courts of procedural coercive measures when considering administrative cases”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 16, 2017 N 15 “On some issues that arise when courts consider cases of administrative supervision of persons released from places of imprisonment”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated September 27, 2016 No. 36 “On some issues of application by courts of the Code of Administrative Procedure of the Russian Federation”

Prohibition and suspension of activities

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 27, 2016 N 64 “On some issues arising when courts consider cases related to the suspension of activities or liquidation of non-profit organizations, as well as the prohibition of the activities of public or religious associations that are not legal entities”

Challenging regulatory legal acts

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 25, 2018 N 50 “On the practice of courts considering cases challenging normative legal acts and acts containing clarifications of legislation and having normative properties”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 29, 2007 N 48 “On the practice of courts considering cases challenging normative legal acts in whole or in part” (as amended by Resolutions of the Plenum of the Supreme Court of the Russian Federation dated 06/10/2010 N 13, dated 02/09/2012 N 3) - no longer valid

Challenging decisions and actions (inaction) of authorities and officials

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 25, 2018 N 47 “On some issues that arise for courts when considering administrative cases related to violation of the conditions of detention of persons in places of forced detention”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 30, 2015 N 28 “On some issues that arise when courts consider cases challenging the results of determining the cadastral value of real estate objects”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated February 10, 2009 N 2 “On the practice of courts considering cases challenging decisions, actions (inaction) of state authorities, local governments, officials, state and municipal employees” - has become invalid

Protection of voting rights

Resolution of the Plenum of the Supreme Court of the Russian Federation dated 03/31/2011 N 5 “On the practice of courts considering cases on the protection of electoral rights and the right to participate in a referendum of citizens of the Russian Federation” (as amended by the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 02/09/2012 N 3)

Administrative legal relations (offences)

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 23, 2021 N 45 “On some issues arising when courts of general jurisdiction consider cases of administrative offenses related to violations of labor legislation and other regulatory legal acts containing labor law norms”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 27, 2021 N 6 “On some issues arising in judicial practice when considering cases of administrative offenses related to non-payment of funds for the maintenance of children or disabled parents”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 25, 2019 N 20 “On some issues arising in judicial practice when considering cases of administrative offenses provided for by Chapter 12 of the Code of the Russian Federation on Administrative Offenses”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 28, 2017 N 46 “On some issues that arise when judges consider cases of bringing to administrative liability under Article 19.29 of the Code of the Russian Federation on Administrative Offenses”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 23, 2010 N 27 “On the practice of considering cases of administrative offenses related to violation of the rules and requirements regulating fishing” (as amended on October 31, 2017)

Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 24, 2006 N 18 “On some issues that arise for courts when applying the Special Part of the Code of the Russian Federation on Administrative Offenses” (as amended by Resolutions of the Plenum of the Supreme Court of the Russian Federation dated November 11, 2008 N 23, dated 02/09/2012 N 2, dated June 25, 2019 N 20)

Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 N 5 “On some issues that arise for courts when applying the Code of the Russian Federation on Administrative Offenses” (as amended by Resolutions of the Plenum of the Supreme Court of the Russian Federation dated May 25, 2006 N 12, dated November 11, 2008 N 23 , from 10.06.2010 N 13, from 09.02.2012 N 3)

“On forensic examination in criminal cases”

As a small reminder, the RF Supreme Court added that the questions posed to the expert and the conclusion on them cannot go beyond the scope of his special knowledge. In addition, the expert cannot be asked questions about assessing the reliability of the testimony of a suspect, accused, victim or witness obtained during an interrogation, confrontation and other investigative actions, including using audio or video recordings.

The Plenum also spoke about the re-examination: “According to Part 2 of Article 207 and Part 4 of Article 283 of the Code of Criminal Procedure of the Russian Federation, if doubts arise about the validity of an expert’s conclusion or if there are contradictions in the conclusions of experts on the same issues that cannot be overcome in court proceedings by questioning experts, the Plenum may a re-examination will be ordered, the production of which will be entrusted to another expert.”

Labor and social legal relations

Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2018 N 15 “On the application by courts of legislation regulating the labor of workers working for employers - individuals and for employers - small businesses that are classified as micro-enterprises”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 24, 2015 N 52 “On the application by courts of legislation regulating the work of athletes and coaches”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated 06/02/2015 N 21 “On some issues that arose in the courts when applying the legislation regulating the work of the head of the organization and members of the collegial executive body of the organization”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1 “On the application of legislation regulating the labor of women, persons with family responsibilities and minors”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 11, 2012 N 30 “On the practice of courts considering cases related to the implementation of citizens’ rights to labor pensions”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” (as amended by Resolutions of the Plenum of the Supreme Court of the Russian Federation dated December 28, 2006 N 63, dated September 28, 2010 N 22)

Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 16, 2006 N 52 “On the application by courts of legislation regulating the financial liability of employees for damage caused to the employer” (as amended on September 28, 2010)

Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 20, 2003 N 17 “On some issues that have arisen in judicial practice when considering cases of labor disputes involving joint-stock companies, other business partnerships and companies” has become invalid

Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 10, 2011 N 2 “On the application by courts of legislation on compulsory social insurance against industrial accidents and occupational diseases”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 20, 2005 N 25 “On some issues that arose in the courts when considering cases related to the exercise by citizens of the right to labor pensions” has become invalid

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 14, 2000 N 35 “On some issues arising when considering cases related to the exercise by disabled people of the rights guaranteed by the Law of the Russian Federation “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant” (as amended by 05/11/2007)

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 20, 2005 N 26 “On the issue that arose after the Plenum of the Supreme Court of the Russian Federation adopted on April 5, 2005 Resolution No. 7 “On introducing amendments and additions to the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 14, 2000.” N 35 “On some issues that arise when considering cases related to the exercise by disabled people of the rights guaranteed by the Law of the Russian Federation “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant”

Tax and customs legal relations

Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 26, 2019 N 49 “On some issues arising in judicial practice in connection with the entry into force of the Customs Code of the Eurasian Economic Union”

Resolution of the Plenum of the Supreme Court of the Russian Federation No. 41, Plenum of the Supreme Arbitration Court of the Russian Federation No. 9 of June 11, 1999 “On some issues related to the entry into force of part one of the Tax Code of the Russian Federation”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 12, 2016 N 18 “On some issues of the application of customs legislation by courts”

Application practice and position of the Judicial Community

In court practice there is also an ambivalent attitude towards the legal force of the PPVS.

Thus, Judge of the Supreme Court of Russia S.V. Samuilov in his ruling indicated that clarifications on issues of judicial practice, contained, in particular, in reviews of legislation and judicial practice approved by the Plenum of the Supreme Court of Russia, form law enforcement practice and are mandatory for courts applying substantive law in the process of considering a case.

The Constitutional Court of Russia, on the contrary, considers the PPVS as an act of interpretation of the law, and says that the PPVS itself cannot be an independent subject of verification by the Constitutional Court of Russia. Thus, excluding the possibility of checking constitutionality, the Constitutional Court of Russia does not recognize the PPVS as a source of national law, thereby allowing them to be optional.

Explanations on the application of procedural law

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 23, 2021 N 46 “On the application of the Arbitration Procedural Code of the Russian Federation when considering cases in the court of first instance”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 22, 2021 N 18 “On some issues of pre-trial settlement of disputes considered in civil and arbitration proceedings”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 22, 2021 N 17 “On the application by courts of the norms of civil procedural legislation governing proceedings in the cassation court”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 22, 2021 N 16 “On the application by courts of the norms of civil procedural legislation governing proceedings in the court of appeal”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 30, 2020 N 13 “On the application of the Arbitration Procedural Code of the Russian Federation when considering cases in the arbitration court of cassation”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 30, 2020 N 12 “On the application of the Arbitration Procedural Code of the Russian Federation when considering cases in the arbitration court of appeal”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated 07/09/2019 N 26 “On some issues of application of the Civil Procedural Code of the Russian Federation, the Arbitration Procedural Code of the Russian Federation, the Code of Administrative Proceedings of the Russian Federation in connection with the entry into force of the Federal Law of November 28, 2022 N 451-FZ “On amendments to certain legislative acts of the Russian Federation”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated 07/09/2019 N 25 “On some issues related to the beginning of the activities of cassation and appeal courts of general jurisdiction”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 N 57 “On some issues of application of legislation regulating the use of documents in electronic form in the activities of courts of general jurisdiction and arbitration courts”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 27, 2017 N 23 “On the consideration by arbitration courts of cases on economic disputes arising from relations complicated by a foreign element”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 18, 2017 N 10 “On some issues of application by courts of the provisions of the Civil Procedure Code of the Russian Federation and the Arbitration Procedure Code of the Russian Federation on simplified proceedings”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 27, 2016 N 62 “On some issues of application by courts of the provisions of the Civil Procedure Code of the Russian Federation and the Arbitration Procedural Code of the Russian Federation on writ proceedings”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 29, 2016 N 11 “On some issues arising when considering cases of awarding compensation for violation of the right to trial within a reasonable time or the right to execution of a judicial act within a reasonable time”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 21, 2016 N 1 “On some issues of application of legislation on reimbursement of costs associated with the consideration of a case”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 27, 2013 N 22 “On the application of legislation by courts when considering cases of administrative supervision” has become invalid

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 13, 2012 N 35 “On openness and transparency of legal proceedings and on access to information about the activities of courts”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 11, 2012 N 31 “On the application of the norms of the Civil Procedure Code of the Russian Federation when courts consider applications, proposals for review of court decisions that have entered into legal force based on newly discovered or new circumstances”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 11, 2012 N 29 “On the application by courts of the norms of civil procedural legislation governing proceedings in the cassation court” has become invalid

Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 19, 2012 No. 13 “On the application by courts of the norms of civil procedural legislation governing proceedings in the court of appeal” has become invalid

Resolution of the Plenum of the Supreme Court of the Russian Federation No. 30, Resolution of the Supreme Arbitration Court of the Russian Federation No. 64 of December 23, 2010 “On some issues that arose during the consideration of cases on the award of compensation for violation of the right to legal proceedings within a reasonable time or the right to execution of a judicial act within a reasonable time” - became invalid

Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 26, 2008 N 13 “On the application of the norms of the Civil Procedure Code of the Russian Federation when considering and resolving cases in the court of first instance” (as amended by the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 02/09/2012 N 3)

Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 24, 2008 N 12 “On the application by courts of the norms of the Civil Procedure Code of the Russian Federation governing proceedings in the cassation court” has become invalid

Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 24, 2008 N 11 “On the preparation of civil cases for trial” (as amended by the Resolution of the Plenum of the Supreme Court of the Russian Federation dated February 9, 2012 N 3)

Resolution of the Plenum of the Supreme Court of the Russian Federation dated February 12, 2008 N 2 “On the application of the norms of civil procedural legislation in the supervisory court in connection with the adoption and entry into force of the Federal Law of December 4, 2007 N 330-FZ “On amendments to the Civil Procedural Code” Russian Federation" - no longer valid

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 27, 2007 N 52 “On the time limits for consideration by the courts of the Russian Federation of criminal, civil cases and cases of administrative offenses” (as amended by Resolutions of the Plenum of the Supreme Court of the Russian Federation dated June 10, 2010 N 13, dated 02/09/2012 N 3 )

Resolution of the Plenum of the Supreme Court of the Russian Federation dated August 24, 1993 N 7 “On the time limits for consideration of criminal and civil cases by the courts of the Russian Federation” (as amended on December 27, 2007)

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 19, 2003 No. 23 “On the court decision”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 20, 2003 N 2 “On some issues that arose in connection with the adoption and entry into force of the Civil Procedure Code of the Russian Federation” (as amended on February 10, 2009)

Resolution of the Plenum of the Supreme Court of the USSR dated June 21, 1985 N 9 “On judicial practice in cases of establishing facts of legal significance”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated 02/07/1967 N 35 “On improving the organization of trials and improving the culture of their conduct” (as amended on 02/06/2007)

Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 20, 2003 N 18 “On the jurisdiction of cases arising from maritime claims”

Resolution of the Plenum of the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation dated August 18, 1992 No. 12/12 “On some issues of jurisdiction of cases to courts and arbitration courts”

Resolution of the Plenum of the Armed Forces of the Russian Federation dated January 21, 2016 No. 1

In order to ensure uniform practice in the application by courts of legislation regulating the procedure for reimbursement of court costs in civil, administrative cases, economic disputes, the Plenum of the Supreme Court of the Russian Federation, guided by Article 126 of the Constitution of the Russian Federation, Articles 2 and 5 of the Federal Constitutional Law of February 5, 2014 No. 3 -FKZ “On the Supreme Court of the Russian Federation”,

Decides to make the following clarifications:

1. Legal costs, consisting of state fees, as well as costs associated with the consideration of the case (hereinafter referred to as legal costs), represent monetary costs (losses) distributed in the manner prescribed by Chapter 7 of the Civil Procedure Code of the Russian Federation (hereinafter referred to as the Code of Civil Procedure of the Russian Federation ), Chapter 10 of the Code of Administrative Proceedings of the Russian Federation (hereinafter referred to as the CAS RF), Chapter 9 of the Arbitration Procedural Code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation).

Within the meaning of these provisions, the principle of distribution of legal costs is the reimbursement of legal costs to the person who incurred them, at the expense of the person in whose favor the final judicial act in the case was adopted (for example, a decision of the court of first instance, a ruling to terminate proceedings in the case or to leave applications without consideration, a judicial act of the court of appeal, cassation, or supervisory authority, which completed the proceedings in the case at the appropriate stage of the process).

2. Legal costs include expenses incurred by persons participating in the case, including third parties interested in the administrative case (Article 94 of the Code of Civil Procedure of the Russian Federation, Article 106 of the Arbitration Procedure Code of the Russian Federation, Article 106 of the Code of Arbitration Procedures of the Russian Federation).

The list of legal costs provided for by these codes is not exhaustive. Thus, expenses incurred by the plaintiff, administrative plaintiff, applicant (hereinafter also referred to as plaintiffs) in connection with the collection of evidence before filing a statement of claim, administrative claim, application (hereinafter also referred to as claims) to the court may be recognized as legal costs if the incurrence of such expenses were necessary to exercise the right to go to court and the evidence collected before filing a claim meets the requirements of relevance and admissibility. For example, the plaintiff may be reimbursed for the costs associated with the legalization of foreign official documents, the provision of judicial evidence by a notary before the initiation of the case in court (in particular, evidence confirming the posting of certain information on the Internet), the costs of conducting a pre-trial study of the condition of the property, on the basis of which the price of the claim brought to court and its jurisdiction are subsequently determined.

The costs of issuing a power of attorney for a representative may also be recognized as legal costs if such a power of attorney was issued for the participation of a representative in a specific case or a specific court hearing in the case.

3. Costs associated with the consideration, resolution and settlement of a dispute out of court (appeal by subordination, mediation procedure) are not legal costs and are not reimbursed in accordance with the norms of Chapter 7 of the Code of Civil Procedure of the Russian Federation, Chapter 10 of the Code of Arbitration Procedures of the Russian Federation, Chapter 9 of the Arbitration Procedure Code of the Russian Federation.

4. In cases where the law or agreement provides for a claim or other mandatory pre-trial procedure for resolving a dispute, the costs caused by compliance with such a procedure (for example, the costs of sending a claim to the counterparty, preparing a report on the assessment of real estate when challenging the results of determining the cadastral value of a real estate property by a legal entity , to appeal to a higher tax authority acts of tax authorities of a non-normative nature, actions or inaction of their officials), including the costs of paying for legal services, are recognized as legal costs and are subject to compensation based on the fact that the plaintiff did not have the opportunity to exercise the right to appeal to court without incurring such costs (Articles 94, 135 of the Civil Procedure Code of the Russian Federation, Articles 106, 129 of the Code of Arbitration Procedures of the Russian Federation, Articles 106, 148 of the Arbitration Procedure Code of the Russian Federation).

5. When a claim is brought jointly by several plaintiffs or against several defendants (procedural complicity), the distribution of legal costs is made taking into account the peculiarities of the material legal relationship from which the dispute arose, and the actual procedural behavior of each of them (Article 40 of the Code of Civil Procedure of the Russian Federation, Article 41 of the CAS RF, Article 46 Arbitration Procedure Code of the Russian Federation).

If the persons, not in whose favor the judicial act was adopted, are joint debtors or creditors, legal costs are reimbursed by these persons in a joint and several manner (part 4 of article 1 of the Code of Civil Procedure of the Russian Federation, part 4 of article 2 of the Code of Arbitration Procedures of the Russian Federation, part 5 of article 3 of the Arbitration Procedure Code of the Russian Federation, articles 323, 1080 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation).

6. Legal costs incurred by third parties (Articles 42, 43 of the Code of Civil Procedure of the Russian Federation, Articles 50, 51 of the Arbitration Procedure Code of the Russian Federation), interested parties (Article 47 of the Code of Arbitration Procedures of the Russian Federation) who participated in the case on the side in whose favor the final judicial act in the case was adopted may be compensated to these persons based on the fact that their actual procedural behavior contributed to the adoption of this judicial act.

At the same time, the possibility of collecting legal costs in favor of the named persons does not depend on whether they entered the process on their own initiative or were brought to participate in the case at the request of a party or on the initiative of the court.

7. Persons who did not participate in the case, on whose rights and obligations the court adopted a judicial act, persons whose rights, freedoms and legitimate interests were violated by a judicial act, when appealing these judicial acts, enjoy the rights and perform the duties of persons participating in the case, in including those related to reimbursement of legal costs (part 3 of article 320, part 1 of article 376, part 1 of article 391.1 of the Code of Civil Procedure of the Russian Federation, part 2 of article 295, part 1 of article 318, part 1 of article 332, part 1 of article 346 of the Code of Arbitration Code of the Russian Federation, article 42 of the Arbitration Procedure Code RF).

8. Persons who apply to the court with a collective administrative claim or a statement in defense of the rights and legitimate interests of a group of persons enjoy the procedural rights of the plaintiff. Such persons, subject to their actual participation in the consideration of the case, following which a decision was made to satisfy the stated claims, have the right to compensation for the legal costs incurred by them. In turn, legal costs are recovered from these persons if the relevant requirements are refused (part 3 of article 42 of the Code of Arbitration Procedures of the Russian Federation, part 1 of article 225.10, article 225.12 of the Arbitration Procedure Code of the Russian Federation).

9. The transfer of a right protected in court by way of universal or singular succession (inheritance, reorganization of a legal entity, transfer of ownership of a thing, assignment of a claim, etc.) entails the transfer of the right to compensation for legal costs, since the right to such compensation is not related inextricably with the identity of the participant in the process (Articles 58, 382, ​​383, 1112 of the Civil Code of the Russian Federation). In this case, the court replaces the person participating in the case with his legal successor (Article 44 of the Code of Civil Procedure of the Russian Federation, Article 44 of the Code of Arbitration Procedures of the Russian Federation, Article 48 of the Arbitration Procedure Code of the Russian Federation).

The assignment of the right to compensation for legal costs as such is permitted not only after they have been awarded to a person participating in the case, but also during the period of consideration of the case by the court (Articles 382, ​​383, 388.1 of the Civil Code of the Russian Federation). The conclusion of the said agreement before the award of legal costs does not entail a procedural replacement of the person participating in the case and who has ceded the right to reimbursement of legal costs by his legal successor, since such a right arises and passes to the legal successor only at the time of awarding legal costs in favor of the legal predecessor (clause 2 of Article 388.1 of the Civil Code RF).

The transfer of the right to compensation for legal costs through universal or singular succession is possible both to the persons participating in the case and to other persons.

10. A person claiming the recovery of legal costs must prove the fact of their incurrence, as well as the connection between the costs incurred by the specified person and the case being considered in court with his participation. Failure to prove these circumstances is grounds for refusal to reimburse legal costs.

11. When resolving the issue of the amount of amounts collected for reimbursement of legal costs, the court does not have the right to reduce it arbitrarily, unless the other party raises an objection and does not provide evidence of the excessiveness of the costs collected from it (part 3 of Article 111 of the Arbitration Procedure Code of the Russian Federation, part 4 of Article 1 of the Code of Civil Procedure of the Russian Federation , part 4 of article 2 of the CAS RF).

At the same time, in order to implement the task of legal proceedings for a fair public trial, ensuring the necessary balance of procedural rights and obligations of the parties (Articles 2, 35 of the Code of Civil Procedure of the Russian Federation, Articles 3, 45 of the Code of Arbitration Procedures of the Russian Federation, Articles 2, 41 of the Arbitration Procedure Code of the Russian Federation), the court has the right to reduce the amount of legal costs , including the costs of paying for the services of a representative, if the amount of costs claimed for recovery, based on the evidence available in the case, is clearly unreasonable (excessive) in nature.

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In case of incomplete (partial) satisfaction of the requirements, the costs of paying for the services of a representative are awarded to each of the parties within reasonable limits and are distributed in accordance with the rule on the proportional distribution of legal costs (Articles 98, 100 of the Code of Civil Procedure of the Russian Federation, Articles 111, 112 of the Code of Arbitration Procedures of the Russian Federation, Article 110 of the Arbitration Procedure Code of the Russian Federation) .

13. Reasonable costs should be considered to be those costs for the representative's services that, under comparable circumstances, are usually charged for similar services. When determining reasonableness, the volume of the stated requirements, the price of the claim, the complexity of the case, the volume of services provided by the representative, the time required for the preparation of procedural documents, the duration of the consideration of the case and other circumstances may be taken into account.

The reasonableness of legal costs for the services of a representative cannot be justified by the fame of the representative of the person participating in the case.

14. Transportation costs and living expenses for a representative of a party are reimbursed by the other party to the dispute within reasonable limits based on the prices that are usually set for transport services, as well as prices for services related to providing accommodation in the place (region) in which they are actually provided (Articles 94, 100 of the Code of Civil Procedure of the Russian Federation, Articles 106, 112 of the Code of Arbitration Procedures of the Russian Federation, Article 106, Part 2 of Article 110 of the Code of Arbitration Procedure of the Russian Federation).

15. The expenses of the representative necessary to fulfill his obligation to provide legal services, for example, expenses for familiarization with the case materials, for using the Internet, for mobile communications, for sending documents, are not subject to additional compensation by the other party to the dispute, since by virtue of Article 309(2) of the Civil Procedure Code of the Russian Federation, such expenses, as a general rule, are included in the price of the services provided, unless otherwise follows from the terms of the contract (Part 1, Article 100 of the Civil Procedure Code of the Russian Federation, Article 112 of the Code of Arbitration Procedures of the Russian Federation, Part 2, Article 110 of the Arbitration Procedure Code of the Russian Federation).

16. Costs of paying for the services of representatives incurred by bodies and organizations (including consumer rights protection societies) endowed by law with the right to go to court in defense of the rights, freedoms and legitimate interests of other persons (Articles 45, 46 of the Code of Civil Procedure of the Russian Federation, Articles 39, 40 CAS RF, Articles 52, , 53.1 of the Arbitration Procedure Code of the Russian Federation), are not subject to compensation, since this authority presupposes their independent participation in the trial without the involvement of representatives on a reimbursable basis.

17. If several persons participating in a case on one side conducted the case through one representative, the costs of paying for his services are subject to reimbursement according to the general rules of Part 1 of Article 100 of the Code of Civil Procedure of the Russian Federation, Article 112 of the Code of Arbitration Procedures of the Russian Federation, Part 2 of Article 110 of the Arbitration Procedure Code of the Russian Federation in accordance with actual expenses incurred by each of them.

18. Within the meaning of Articles 98, 100 of the Code of Civil Procedure of the Russian Federation, Articles 111, 112 of the Code of Arbitration Procedures of the Russian Federation, Article 110 of the Arbitration Procedure Code of the Russian Federation, legal costs are reimbursed when the courts resolve substantive legal disputes. Since the consideration of cases provided for by Chapters 28-30, 32-34, 36, 38 of the Code of Civil Procedure of the Russian Federation, Chapter 27 of the Arbitration Procedure Code of the Russian Federation, is aimed at establishing legal facts, determining the legal status of persons involved in the case or the legal regime of objects of law, and not at resolving substantive legal dispute, the costs incurred in connection with the consideration of these categories of cases are attributed to the persons participating in the case who incurred them, and are not subject to distribution according to the rules of Chapter 7 of the Code of Civil Procedure of the Russian Federation, Chapter 10 of the Code of Arbitration Procedures of the Russian Federation, Chapter 9 of the Arbitration Procedure Code of the Russian Federation.

19. Costs incurred in connection with the consideration of claims, the satisfaction of which is not conditioned by the establishment of facts of violation or challenge of the rights of the plaintiff by the defendant, administrative defendant, are not subject to distribution among the persons participating in the case, for example, claims for divorce in the presence of mutual consent of the spouses who have common minor children (clause 1 of Article 23 of the Family Code of the Russian Federation).

20. In case of incomplete (partial) satisfaction of property claims subject to assessment, legal costs are awarded to the plaintiff in proportion to the size of the claims satisfied by the court, and to the defendant - in proportion to the part of the claims that the plaintiff was denied (Articles 98, 100 of the Code of Civil Procedure of the Russian Federation, Articles 111, 112 CAS RF, Article 110 of the Arbitration Procedure Code of the Russian Federation).

21. The provisions of procedural legislation on proportional compensation (distribution) of legal costs (Articles 98, 102, 103 of the Code of Civil Procedure of the Russian Federation, Article 111 of the Code of Arbitration Procedures of the Russian Federation, Article 110 of the Arbitration Procedure Code of the Russian Federation) are not subject to application when resolving:

a claim of a non-property nature, including a claim with a monetary value aimed at protecting personal non-property rights (for example, compensation for moral damage);

a claim of a property nature that is not subject to assessment (for example, to suppress actions that violate a right or create a threat of its violation);

demands for the collection of a penalty, which is reduced by the court due to the disproportion to the consequences of the violation of the obligation, the receipt by the creditor of unjustified benefits (Article 333 of the Civil Code of the Russian Federation);

claims subject to consideration in the manner prescribed by the CAS of the Russian Federation, with the exception of claims for the collection of mandatory payments and sanctions (Part 1 of Article 111 of the said Code).

At the same time, the rule on proportional compensation (distribution) of legal costs is applied to economic disputes arising from public legal relations related to challenging non-normative legal acts of tax, customs and other authorities, if the adoption of such acts imposes a property liability on the applicant (Part 1 of Article 110 of the APC RF).

22. If the amount of claims changes after the initiation of proceedings in the case, the proportional distribution of legal costs should be based on the amount of claims supported by the plaintiff at the time the decision on the case was made.

At the same time, a reduction by the plaintiff in the amount of claims as a result of receiving evidence during the consideration of the case that this amount is clearly unfounded may be recognized by the court as an abuse of procedural rights and lead to a refusal to recognize the legal costs incurred by the plaintiff as necessary in whole or in part (Part 1 of Article 35 of the Code of Civil Procedure of the Russian Federation, Part 6 , 7 of Article 45 of the Code of Arbitration Procedures of the Russian Federation) or imposition on the plaintiff of the legal costs incurred by the defendant (Article 111 of the Arbitration Procedure Code of the Russian Federation).

Advertisement , part 3 of article 132 of the Arbitration Procedure Code of the Russian Federation).

Settlement of costs is carried out at the request of persons reimbursing such costs, or at the initiative of the court, which, based on the provisions of Article 56 of the Code of Civil Procedure of the Russian Federation, Article 62 of the Code of Arbitration Procedures of the Russian Federation, Article 65 of the Arbitration Procedure Code of the Russian Federation, brings this issue up for discussion between the parties.

24. In the event of partial satisfaction of both the initial and counter property claims, for which a proportional distribution of legal costs is carried out, the plaintiff’s legal costs for the initial claim are reimbursed in proportion to the size of the satisfied claims. The plaintiff's legal costs for a counterclaim are reimbursed in proportion to the amount of satisfied counterclaims.

25. In cases where the proceedings are terminated or the application is left without consideration, legal costs are recovered from the plaintiff.

At the same time, if the proceedings in the case are terminated due to the death of a citizen or the liquidation of a legal entity that was a party to the case, or the statement of claim is left without consideration due to the fact that it was filed by an incapacitated person or due to the failure of the parties who did not request proceedings of the case in their absence, to the court on a second summons (paragraph seven of Article 222 of the Code of Civil Procedure of the Russian Federation), legal costs incurred by persons participating in the case are not subject to distribution according to the rules of Chapter 7 of the Code of Civil Procedure of the Russian Federation, Chapter 10 of the Code of Arbitration Procedures of the Russian Federation, Chapter 9 of the Code of Arbitration Procedure of the Russian Federation.

If the statement of claim is left without consideration due to the fact that it was signed and filed by a person who does not have the authority to sign and (or) file it, or signed by a person whose official position is not indicated, the legal costs incurred by the participants in the process in connection with by filing such an application, shall be recovered from this person.

26. If the proceedings are terminated due to the plaintiff’s refusal of the claim in connection with the voluntary satisfaction of his demands by the defendant after the plaintiff goes to court, legal costs are recovered from the defendant (part 1 of article 101 of the Code of Civil Procedure of the Russian Federation, part 1 of article 113 of the Code of Arbitration Procedures of the Russian Federation, article 110 of the Arbitration Procedure Code of the Russian Federation) .

It should be borne in mind that abandonment of the claim is a right, and not an obligation, of the plaintiff, therefore, reimbursement of legal costs to the plaintiff under these circumstances cannot be made dependent on his statement of abandonment of the claim. Consequently, in the event that the defendant voluntarily satisfies the claims after the plaintiff goes to court and a court decision is made in such a case, legal costs are also subject to recovery from the defendant.

27. When concluding a settlement agreement or reconciliation agreement, legal costs are distributed in accordance with its terms. In the event that the parties did not provide for the conditions for the distribution of legal costs in the settlement agreement or reconciliation agreement, the court resolves this issue taking into account the following.

The conclusion of a settlement agreement or a reconciliation agreement is conditioned by mutual concessions of the parties, and the termination of proceedings in the case due to this circumstance does not in itself indicate the adoption of a judicial act in favor of one of the parties to the dispute. Therefore, the legal costs incurred by the parties during the consideration of the case before they conclude a settlement agreement or a reconciliation agreement are attributed to them and are not subject to distribution.

At the same time, legal costs incurred by the court in connection with the consideration of the case at the expense of the corresponding budget of the budget system of the Russian Federation (Article 103 of the Code of Civil Procedure of the Russian Federation, Article 114 of the Code of Arbitration Procedures of the Russian Federation), sums of money to be paid to witnesses, experts, specialists, are distributed by the court, in including on his initiative, between the parties equally by issuing a ruling (part 2 of article 101 of the Code of Civil Procedure of the Russian Federation, part 2 of article 113 of the Code of Arbitration Code of the Russian Federation).

28. After the adoption of the final judicial act on the case, a person participating in the case has the right to apply to the court with a statement on the issue of legal costs incurred in connection with the consideration of the case, the compensation of which was not claimed during its consideration.

Such an issue is resolved by the court in a court hearing according to the rules provided for in Article 166 of the Code of Civil Procedure of the Russian Federation, Article 154 of the Code of Arbitration Procedures of the Russian Federation, and Article 159 of the Arbitration Procedure Code of the Russian Federation. Based on the results of its resolution, a determination is made.

When considering an application on the issue of legal costs, the court also resolves issues regarding the distribution of legal costs associated with the consideration of this application. Taking this into account, an application for reimbursement of legal costs incurred in connection with the consideration of an application on the issue of legal costs, filed after a ruling on the issue of legal costs, is not subject to acceptance for production and consideration by the court.

29. If legal costs associated with the consideration of the dispute on the merits are actually incurred after the adoption of the final judicial act on the case (for example, payment for accommodation, representative services was made after the resolution of the case on the merits), the person participating in the case has the right to apply to the court regarding such costs.

The court refuses to accept proceedings or terminates proceedings in relation to an application for legal costs, the issue of compensation or refusal to compensate for which was resolved in a previously issued judicial act, in relation to paragraph 2 of part 1 of Article 134, paragraph three of Article 220 of the Code of Civil Procedure of the Russian Federation, clause 4 of part 1 of article 128, clause 2 of part 1 of article 194 of the Code of Arbitration Procedures of the Russian Federation, clause 2 of part 1 of article 150 of the Arbitration Procedure Code of the Russian Federation.

30. A person who filed an appeal, cassation or supervisory complaint, as well as other persons who actually participated in the consideration of the case at the relevant stage of the process, but did not file a complaint, have the right to compensation for legal costs incurred in connection with the consideration of the complaint, if Based on the results of the consideration of the case, a final judicial act was adopted in their favor.

In turn, the person who filed an appeal, cassation or supervisory complaint, the satisfaction of which was refused, may be charged the costs of other participants in the process associated with the consideration of the complaint.

Costs incurred in connection with the revision of a judicial act that has entered into legal force due to new or newly discovered circumstances are reimbursed to the participants in the process based on which party to the dispute the final judicial act in the relevant case was adopted in favor of.

The costs incurred by the participants in the process are subject to compensation, provided that they were due to their actual procedural behavior at the stage of consideration of the case by a court of appeal, cassation or supervisory authority, at the stage of review of a judicial act that has entered into legal force due to new or newly discovered circumstances.

31. Legal costs incurred by the claimant at the stage of execution of the court decision, associated with participation in court hearings to consider the debtor’s applications for a deferment, for an installment plan for the execution of the court decision, for changing the method and procedure for its execution, are reimbursed by the debtor (Articles 98, 100 of the Code of Civil Procedure of the Russian Federation, Articles 111, 112 CAS of the Russian Federation, Article 110 of the Arbitration Procedure Code of the Russian Federation).

32. Persons participating in the case must conscientiously use all procedural rights belonging to them, in connection with which the court has the right to attribute legal costs to a person who has abused his procedural rights and failed to fulfill his procedural duties, or not to recognize the legal costs incurred by him as necessary if this led to the disruption of the court hearing, delaying the trial, preventing the consideration of the case and the adoption of the final judicial act.

33. In connection with the adoption of this resolution, the following are recognized as not subject to application:

paragraph 33 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated February 17, 2011 No. 12 “On some issues of application of the Arbitration Procedural Code of the Russian Federation as amended by Federal Law dated July 27, 2010 No. 228-FZ “On Amendments to the Arbitration Procedural Code of the Russian Federation”;

paragraph three of paragraph 6 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated July 18, 2014 No. 51 “On some issues arising when considering disputes with the participation of organizations engaged in collective management of copyright and related rights.” Chairman of the Supreme Court of the Russian Federation V. M. Lebedev

Secretary of the Plenum, Judge of the Supreme Court of the Russian Federation V. V. Momotov

Bankruptcy

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 24, 2020 N 44 “On some issues of application of the provisions of Article 9.1 of the Federal Law of October 26, 2002 N 127-FZ “On Insolvency (Bankruptcy)”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 25, 2018 N 48 “On some issues related to the peculiarities of the formation and distribution of the bankruptcy estate in cases of bankruptcy of citizens”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 21, 2017 N 53 “On some issues related to holding persons controlling the debtor liable in bankruptcy”

Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated June 22, 2012 N 35 “On some procedural issues related to the consideration of bankruptcy cases” (as amended by the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 21, 2017 N 53)

Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated December 15, 2004 N 29 “On some issues of the practice of applying the Federal Law “On Insolvency (Bankruptcy)” (as amended by the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated December 21, 2017 No. 53)

Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 13, 2015 No. 45 “On some issues related to the implementation of procedures applied in cases of insolvency (bankruptcy) of citizens”

The difference between the resolution and the decisions made by the RF PPVS

The Chairman of the Supreme Court of the USSR V.I. Terebilov distinguished decisions made by the Plenum of the Supreme Court on a specific case from decisions of the Plenum. If decisions on specific cases are binding only in relation to the parties in a given case, then PPVS “are mandatory not only for resolving a specific criminal or civil case, but also for other cases where the relevant rule applies. Due to the fact that the plenary session provides clarifications of the legal norms that must guide all courts in the administration of justice, these clarifications are also legally binding for the investigative authorities and all those involved in legal proceedings.”

Much of the debate in legal doctrine has centered on the question of whether PPSAs are binding and whether they can be called “precedents.”

Content and form of PPVS as carriers of new rules of law.

The decisions issued by the Plenum of the Supreme Court are similar in form to acts that are undoubtedly legally binding when issued by the Government and other executive authorities. Officially, PPVS contain an interpretation of the meaning of laws “on the basis and in pursuance of laws,” just as ordinary by-laws do.

Lawyers recognized that the Resolution of the Plenum of the Supreme Court of the Russian Federation may contain new rules of law that fill gaps in the laws or change the law.

To summarize, we can identify certain reasons that do not allow the decisions of the Plenum of the Armed Forces of the Russian Federation to be recognized as binding:

1. the absence of a normative regulation establishing a mandatory nature;
2. the Plenum of the RF Armed Forces lacks the right to rule;
3. inability to resist illegal decisions of the Plenum of the RF Armed Forces (i.e. they cannot be appealed or checked for compliance with the Constitution of the Russian Federation).

The plenum of the Supreme Court that formed the resolution is binding. Here it is necessary to make a reservation that we are considering obligatoryness, which in its content does not coincide with general obligatoryness. Universality means the indispensability of fulfillment by all members of society of the requirements contained in the rules of law.

In other words, the property of being generally binding is applicable to norms of law that apply to an indefinite number of persons, and judicial practice has a limited subject matter of its impact and is primarily addressed to lower courts, therefore, in relation to the decisions of the Plenum of the Armed Forces of the Russian Federation, we will use the concept of “bindingness”.

On the application of international law by courts

Resolution of the Plenum of the Supreme Court of the Russian Federation dated 07/09/2019 N 24 “On the application of norms of private international law by the courts of the Russian Federation”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 27, 2013 N 21 “On the application by courts of general jurisdiction of the Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 and the Protocols thereto”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 10, 2003 N 5 “On the application by courts of general jurisdiction of generally recognized principles and norms of international law and international treaties of the Russian Federation” (as amended by Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 5, 2013 N 4)

Responsibility of judges

Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 14, 2016 N 13 “On the judicial practice of applying legislation governing issues of disciplinary liability of judges”

Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 31, 2007 N 27 “On the practice of courts considering cases challenging decisions of qualification boards of judges on bringing judges of courts of general jurisdiction to disciplinary liability” (as amended on May 20, 2010) - no longer in force

Resolution of the Plenum of the Supreme Court of the Russian Federation No. 3, Plenum of the Supreme Arbitration Court of the Russian Federation No. 2 of 02/04/2010 “On the Rules of the Disciplinary Judicial Presence” (as amended by Resolution of the Plenum of the Supreme Court of the Russian Federation No. 23, Plenum of the Supreme Arbitration Court of the Russian Federation No. 82 of 12/22/2011)