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How to return the state fee from the arbitration court, if the claim was not filed?

Many citizens are interested in the question: how to return the state fee from the arbitration court? This task is not always possible. And this fact should be taken into account. After all, litigation can be different. And they can also be solved by different methods.

In any case, the population should be aware ofhow to return the money paid for the consideration of the statement of claim under certain circumstances. And under what scenarios, the money will not be returned to the applicant. Knowing all this, you will understand that there should not be any significant problems with the implementation of the idea.

how to return a state duty from an arbitration court

Is there a chance?

Is it possible at all to repay the state fee paid? The arbitration court, as practice shows, returns money for lawsuits in certain circumstances. Is it legal? Yes. According to the rules established in Russia, every citizen can return a state duty for a case that has not been examined. Or in other circumstances. There are many grounds for a return. Every citizen should know about them.

Accordingly, to return legallyThe state fee for the filed lawsuit is possible. This is a procedure that courts often face. But what to do? And under what circumstances are the funds 100% returned to the applicant?

return the arbitration tribunal paid by the state duty

Grounds

There are quite a few of them. According to the established Russian legislation, modern citizens have the right to think about the question of how to return the state duty from the arbitration court if:

  1. The amount of money contributed to the treasury of the state was higher than required. It's about overpayment. In this case, the balance will be returned to the applicant in full.
  2. There was a refusal to accept the application. In other words, when the court says that it will not consider a case. The state fee is returned in full.
  3. At the termination of office work. And we are talking about the initiative of the department. If the judicial authority independently stops the conduct of certain cases, it returns to the plaintiff in full the fee paid.
  4. The money is returned to the applicant if he withdrawsapplication for state registration of the computer base, software, topology of integrated circuits before they have already been registered. That is, if you reject the application for registration of these.

Also sometimes there are cases when claims are filedpeople not on their own behalf. If it is possible to prove that the citizen did not apply to the court independently, the fee will be returned in full, and the case will not be considered in court.

There is nothing difficult to understand. But how to return the state fee from the arbitration court? To answer this question, it is first necessary to understand under what circumstances it is possible not to count on the embodiment of the idea in life.

how to return a state duty on the certificate of the arbitration court

When will not they return it?

To date, there are manyvariants of the development of events in which the money paid for the statement of claim will be returned. But there are circumstances that do not allow the idea to be realized. Which ones? At the moment, the following situations stand out:

  • The court of general jurisdiction recorded a conclusion of the parties' amicable agreement. Then the case ends, but the money is not returned to the applicant.
  • If the defendant voluntarily satisfiesclaims of the plaintiff after filing a claim of the established pattern. It is important that the money will not be returned only if the arbitration court issues a ruling on accepting the statement of claim.

In all other cases, as it is not difficult to guess, the money will be repaid. But how to do it? What is required to know about this process?

Limitation of actions

For example, how long will a citizen have forIn order to regain the money paid in the form of state duty. In Russia there is a so-called limitation period. Does it apply to the task? Yes.

And how much is the limitation of the claim type forreturn of the state fee from the arbitration court? It is stated that the citizen will have 3 years to implement the idea. But even after this period, you can try to return the money.

It is recommended to start implementation as soon as possibleprocess. Otherwise, the judiciary may reject the request for a refund. And on legal grounds. For example, for 36 months some necessary documents may be lost. Then it will not be possible to reclaim the duty paid.

by the decision of the Arbitration Court

Order of

How to return the state fee from the arbitration court, ifThe suit was not filed? The thing is that there is a small algorithm for action. It will allow you to gradually get acquainted with the process of repaying money for filed a claim. So, the citizen will be able to understand what he has to go through. How to return the state fee from the arbitration court? In order to translate the idea into reality, it is required:

  1. Collect a certain package of documents. We need both copies and originals. A full list will be presented later.
  2. Apply to the court with a statement of the established pattern of a refund. This task will take 3 years. Countdown begins from the moment of entering money into the state treasury.
  3. Wait for the court's decision. If a citizen decides to return the money, they will have to obtain a certificate of the court decision.
  4. With some list of documents and notification fromjudicial bodies need to come to the tax service and write a second application for a refund. A binding judgment is necessarily attached.
  5. Wait until the money is transferred to the citizen.

That's all. As a rule, the process of returning money to the plaintiff is not such a quick thing. We will have to be reserved for time and patience to achieve results. With proper preparation, no significant problems will arise. Will only wait for one or another period - until the court makes a decision, the tax authorities will review the application and transfer money to the account for the specified details.

how to return the state duty from the arbitration court if the claim was not filed

Documents for the court

How to return the state fee? According to the certificate of the arbitration court. Without this document, you can not even apply to the tax service. The thing is that, as has been said, we will have to collect a certain list of documents. With them go to court, then - to the tax. What is useful for a citizen? To date, a person who wants to return paid state duty to an arbitration court, brings:

  • A statement of the established form with a detailed description of the circumstances.
  • Receipts for payment of state duty with a check (in the original).
  • Identification.

Nothing difficult or special. If the judicial body initially refused to accept the application, it issues a notification certificate. It is useful further. In general, it is not so important for what reasons a citizen thinks about the return of funds. How to return the state duty on the certificate of the arbitration court? Principles remain the same. Only the basis for the realization of the idea is different.

Judicial decisions

So, the citizen filed an application and documents. What's next? How to return the state fee from the arbitration court? Under the certificate or the judicial decision - not so it is important. If it is a question of considering an application of an established standard, you will have to wait a little.

The judicial authority will accept the request and withinThe next 5 days will make this or that decision. Then the citizen will be notified accordingly. For another 15 days will have to take a certificate from the arbitration court of a standard and a copy of the court decision. If the fee is decided to be refunded in part, the refund process will still not change.

After that, you will have to apply to the tax service according to the already mentioned principle - you will be asked to return, certain documents will be attached, then you will receive the money.

how to return a state duty from an arbitration court for a certificate

Visit to the tax

How to return the state fee from the arbitration court? By decision of the court, which was passed, you can easily implement the idea. Similarly, as in the case of rejection by the judicial authorities of the claim. A citizen applies to the tax service at his place of residence. With a person should bring:

  1. A copy of the judgment (if any).
  2. Original paid state fee.
  3. Passport of a citizen of the Russian Federation.
  4. Certificate from the court of the established sample. It is compulsory in advance.
  5. Application of the established pattern for a refund.
  6. Notice of rejection of the claim (if any).
  7. SNILS applicant.
  8. TIN (if available, but not necessary).
  9. Requisites for money transfer.

It is necessary to provide copies and originals of all previously listed securities. Now it is clear how to return the state fee from the arbitration court. But there is information that will be useful to citizens.

how to return a state duty from an arbitration court by a court decision

Waiting period

And how much time is spent on refunding the moneymeans? This question is also of interest to many. After all, it is not enough to understand how to return the state duty from the arbitration court. It is necessary to realize how quickly it will be possible to translate the idea into reality.

The whole point is that after submitting an application inThe tax service will have to wait no more than 30 days. Within a month, the money should be returned to the claimant on the details provided. If they were not present at the time of submitting the application, the tax authorities notify the applicant about this, then they propose to correct the situation within a month. It is not so difficult to return the state fee by the decision of the arbitration court, as it seems. The main thing to remember is that all checks and receipts are attached in the originals.</ span </ p>

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