On the Powers to Resolve Issues Related to the State Duty Payment in the Context of Transferring the Competence to Accept a Complaint to the Court of Appeal

The article discusses the issue of changing the procedure for considering petitions of persons applying to the appellate court for exemption from payment of state duty, reducing its size, granting a deferment, installment payment in the event of transfer of authority to accept an appeal from the trial court to the appellate court. It is reasoned that if the application is granted, a finding to that effect may be contained in the ruling on the initiation of appeal proceedings. If the appellate court rejects the petition, a separate ruling must be issued with the possibility of further appeal to the cassation court of general jurisdiction. In courts of general jurisdiction, unlike arbitration courts, in case of rejection of a petition for exemption from payment of state duty, reduction of its amount, granting a deferral or installment of its payment, the appeal shall be left without movement, which must be expressly provided for in the law.

Authors

Publication Details

Journal
Arbitrazh-civil procedure
Published
2024-11-28
DOI
https://doi.org/10.18572/1812-383x-2024-12-41-44
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
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article

On the Powers to Resolve Issues Related to the State Duty Payment in the Context of Transferring the Competence to Accept a Complaint to the Court of Appeal

Yury A. Timofeev
Arbitrazh-civil procedure
Legal and Policy Issues
article

On the Powers to Resolve Issues Related to the State Duty Payment in the Context of Transferring the Competence to Accept a Complaint to the Court of Appeal

Yury A. Timofeev
article en

Abstract

The article discusses the issue of changing the procedure for considering petitions of persons applying to the appellate court for exemption from payment of state duty, reducing its size, granting a deferment, installment payment in the event of transfer of authority to accept an appeal from the trial court to the appellate court. It is reasoned that if the application is granted, a finding to that effect may be contained in the ruling on the initiation of appeal proceedings. If the appellate court rejects the petition, a separate ruling must be issued with the possibility of further appeal to the cassation court of general jurisdiction. In courts of general jurisdiction, unlike arbitration courts, in case of rejection of a petition for exemption from payment of state duty, reduction of its amount, granting a deferral or installment of its payment, the appeal shall be left without movement, which must be expressly provided for in the law.

Arbitrazh-civil procedure
Openalex Percentile: Top 48%
Legal and Policy Issues
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