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.

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 was not considered. Or in other circumstances. There are many grounds for a return. Every citizen should know about them.

Accordingly, legally returnState fee for filing a claim can be. This is a procedure that judicial authorities often face. But what to do? And under what circumstances 100% of the money is returned to the applicant?

Grounds

There are a lot 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 an arbitration court if:

1. The amount of money contributed to the state’s treasury 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 this or that case. Stamp duty 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 ceases to conduct these or other cases, it returns to the plaintiff the fee paid in full.
4. Money is returned to the applicant if he withdrawsapplication for state registration of a computer database, software, topology of integrated circuits before they have already been registered. That is, if you reject an application for registration of these.

Also sometimes there are cases when lawsuits are filed.people not on their own behalf. If it is possible to prove that the citizen did not go to court on his own, 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 duty from the arbitration court? To answer this question, you first need to understand under what circumstances you can not count on the realization of the idea.

When will not return?

Today there are quite a lotscenarios for which the money paid for the statement of claim will be returned. But there are circumstances that do not allow to realize the idea. Which ones? At the moment, there are the following situations:

• The court of general jurisdiction recorded the conclusion of the settlement agreement of the parties. Then the case is terminated, but the money is not returned to the applicant.
• If the respondent voluntarily satisfiesthe requirements of the plaintiff after filing a claim of the established sample. It is important that the money will not be returned only when the arbitral tribunal makes a decision on the acceptance of the statement of claim.

In all other cases, as you might guess, it will be possible to return the money. But how to do it? What is required to know about this process?

Limitation of actions

For example, how much time will a citizen have forin order to recover the money paid in the form of state duty. In Russia, there is a so-called statute of limitations. Does it apply to the task? Yes.

And how much is the age of the claim type forreturn of the state fee from the arbitration court? It is indicated that a 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 possible.process. Otherwise, the judiciary may reject the request for a refund. And legally. For example, in 36 months some necessary documents may be lost. Then it will not work to return the fee paid.

Order of

How to return the state fee from the arbitration court, ifNo lawsuit filed? The thing is that there is a small sequence of actions. It will allow you to gradually become familiar with the refund process for the filed 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 realize the idea, it is required:

1. Collect a specific set of documents. Both copies and originals are needed. The full list will be presented later.
2. Appeal to the court with a statement of the established form of refund. This task takes 3 years. The countdown starts from the moment the money is paid into the state’s treasury.
3. Wait for the court decision. If the citizen decides to return the money, you will have to get a certificate of the court decision.
4. With some list of documents and notice fromThe judiciary is required to come to the tax office and write a re-application for a refund. A mandatory judgment is applied.
5. Wait for the transfer of funds to the citizen.

That's all.As a rule, the process of returning money to the plaintiff is not such a quick deal. You have to have time and patience to get results. With proper preparation, no significant problems will arise. It will only remain to wait for one or another term - until the court makes a decision, the tax authorities will consider the application and transfer the money to the account using the specified details.

Documents for the court

How to return state fees?According to the certificate of the arbitral tribunal. Without this document, you can not even contact the tax office. The thing is that it is necessary, as has already been said, to collect a certain list of documents. With them go to court, then - to the tax. What is useful to the citizen? Today, a person who wants to return the state fee paid to an arbitration court brings:

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

Ничего трудного или особенного.If the judicial authority initially refused to accept the application, then it issues a certificate notification. 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? The principles are the same. Only the bases of an embodiment of an idea in life differ.

Court decisions

So, the citizen filed an application and documents.What's next? How to return the state fee from the arbitration court? According to a certificate or a court decision - not so important. If we are talking about the consideration of the application of the established sample, you will have to wait a bit.

The judicial authority will accept the request and withinthe next 5 days will make this or that decision. Further the corresponding notification will be sent to the citizen. For another 15 days, you will have to take a certificate from a standard arbitration court and a copy of the court decision. If the fee is decided to return partially, the return process will still not change.

After that, you will have to contact the tax service according to the principle already indicated - an application for refund is submitted, certain documents are attached, and then money is expected to be received.

Visit to the tax

How to return the state fee from the arbitration court?By a court decision that was made, it is possible to bring the idea to life without any problems. Just like when a lawsuit rejects a claim. A citizen applies to the tax service at their place of residence. With a man must bring:

1. A copy of the judgment (if any).
2. The original paid state duty.
3. Passport of a citizen of the Russian Federation.
4. Certificate from the court of the established sample. It is taken without fail in advance.
5. Application form for refund.
6. Notice of rejection of the claim (if any).
7. SNILS applicant.
8. TIN (if available, but not required).
9. Details for transferring money.

You must provide copies and originals of all previously listed papers. Now it is clear how to return the state duty from the arbitration court. But there is more information that will be useful to citizens.

Waiting time

А сколько времени отводится на возврат денежных funds? This question also interests many. After all, it is not enough to understand how to return the state duty from an arbitration court. It is necessary to realize how quickly it will turn out to realize the idea.

The thing is that after applying fortax service will have to wait no more than 30 days. Within a month, the money must be returned to the plaintiff on the provided details. If they were not present when submitting the application, the tax authorities notify the applicant of this, then offer to correct the situation within a month. To return the state duty by the decision of the arbitration court is not as difficult as it seems. The main thing to remember is that all checks and receipts are attached to the originals.