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Expenses, connected with dispute settlement |
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Expenses connected with settlement of the dispute by the arbitration court consist of: 1) fees for arbitration judges; 2) arbitration fee, which amount, terms and order of payment are defined by arbitration court regulations; 3) expenses suffered by arbitration judges in connection with participation in arbitration consideration, including the expenses suffered by arbitration judges on payment of journey to a place of the dispute settlement; 4) expenses connected with fee for experts, translators if such were invited or intended for participation in arbitration consideration; 5) expenses connected with the review and research of real evidence and written proofs in their place; 6) expenses suffered by witnesses; 7) expenses connected with payment by the party, in benefit of which advantage decisions of the arbitration court have been made, of representative services connected with granting of legal consultation; 8) expenses connected with organizational maintenance of arbitration consideration; 9) expenses for arbitration court correspondence; 10) expenses on telephone, cable, telex, facsimile, electronic and other communications; 11) fee for arbitration court secretary and other expenses defined by regulations of the arbitration court or by contract with the arbitration judge. If regulations of the arbitration court or Position concerning permanent arbitration court are not define that the expenses, specified in points 3-11 of the first part of this article, that during arbitration consideration bear the parties or the party, which has submitted the claim, such expenses are carried out by permanent arbitration court with their following collecting from the dispute parties about what it is specified in the statement or decision of permanent arbitration court. The amount of fees of arbitration judges of permanent arbitration courts and order of their payment to arbitration judges are defined according to regulations of the arbitration court or Position concerning permanent arbitration court. In case arbitration legal investigation of permanent arbitration court has not taken place or it was stopped, arbitration fee, paid by the parties, comes back to the parties, except cases if it has been caused by recusation of all judges, drawing up by the parties of the lawsuit agreement, refusal of the claimant of the claim and other circumstances provided by this Law. In case arbitration legal investigation permanent arbitration court has not taken place or it was stopped by reason specified in part four of this article, if another is not provided by regulations of the arbitration court, the parties compensate all expenses suffered by this arbitration court, it specified in the arbitration court resolution. Realization by the physical person of powers of the arbitration judge and formation and activity of permanent arbitration court according to this Law is not enterprise activity. Receipts of permanent arbitration court and arbitration judge, which are connected with the dispute settlement by the arbitration court according to this Law, are not incomes from realization of enterprise activity. Chapter 10. Arbitration court expenditures and fees. Article 56. Arbitration court expenditures and fees structure. 1. Arbitration court expenditures and fees structure, connected with the dispute settlement by the Arbitration court, consist of: 1) arbitration fee, which amount, terms and order of payment are defined by arbitration court regulations; 2) expenses suffered by arbitration judges in connection with participation in arbitration consideration, including the expenses suffered by arbitration judges on payment of journey to a place of the dispute settlement; 3) expenses connected with fee for experts, translators if such were invited or intended for participation in arbitration consideration; 4) expenses connected with the review and research of real evidence and written proofs in their place; 5) expenses suffered by witnesses; 6) expenses connected with payment by the party, in benefit of which advantage decisions of the arbitration court have been made, of representative services connected with granting of legal consultation; 7) fee of the arbitration court secretary; 8) other expenses that have documentary confirmation and directly connected with consideration of dispute in the arbitration court; 2. The expenses specified in points 2-5 of this article, during arbitration consideration the claimant bears, or the partyб which uses the representative, or has submitted the petition for a call of witnesses, experts, translators, the review and researches of real evidence and written proofs in their place. 3. The arbitration court can make the decision on realization of the expenses connected with a call of witnesses, experts, translators, the review and research of real evidence and written proofs in their place and other, with their following collecting from the dispute parties in order defined by these Regulations, about what the decree or the decision of Arbitration court marked. 4. The expenses connected with payment of the fee of the arbitration court secretary are carried out by the Arbitration court with following collecting from the dispute parties, about what the decree or the decision of Arbitration court marked. 5. The arbitration court can put on the parties or on one of them a duty to bring advance payment on a covering of expenses, which do not join in structure of arbitration fee. 6. Advance payment on covering of expenses, which do not join in structure of arbitration fee, can be obtained on demand by the Arbitration court from the party, which has declared necessity of realization of action that results or can lead to these expenses. 7. In case of participation in arbitration consideration of the arbitration judge, which has residence out of a place of carrying out of the Arbitration court session, the claimant should bring advance payment on payment of expenses of its participation in arbitration consideration (on journey, residing, etc.). 8. If at the desire of one of the parties during legal investigation, the explanations of the parties is carried out, their statements, etc., and also questions, instructions, decisions, Arbitration court decisions, expenses for translation are paid by the specified party. Article 57. Admission fee and order of its payment. 1. The admission fee is a disposable payment ,which is paid by the claimant at representation of the statement of claim to the Arbitration court. The given fee is the irrevocable. 2. The amount of admission fee totals: - For physical bodies - 200 gryvnas; - For legal bodies - 600 gryvnas; Admission fee payment is spent on the settlement account of the founder of the Arbitration court - the Commodity exchange "Fincom". 3. During admission fee payment in payment order in the column "Recipient" should be specified: the Commodity exchange "Fincom"; in the column "Payment purpose" should be specified: "the Admission fee for representation of the statement of claim"..... (The name of the claimant) to..... (The name of the respondent) about..... (Instructions about the claim) ". The receipt on admission fee payment (payment order) necessarily attached to the statement of claim. Article 58. Arbitration fee and order of its payment. 1. Arbitration fee and expenses is a payment, which paid for every accepted to case consideration for covering of the general expenses connected with activity of the Arbitration court. 2. The size of Arbitration fee or expenses is defined by the Head of the Arbitration court in accordance with the rules of the given Regulations. The Statement (Confirmation) on the size of fee goes to the address of the claimant, which is subject to payment throughout five days from the date of its reception. 3. Previous to receipt of arbitration fee or expenses in size, which is specified in the Statement (Confirmation), on the Commodity exchange "Fincom" account, case in the Arbitration court remains without movement. 4. Payment of arbitration fee and expenses is spent on the settlement account of the founder of the Arbitration court - the Commodity exchange "Fincom". 5. The sum of arbitration fee and other expenses, which are subject to payment to the Arbitration court, are considered paid in day of their transfer into the current account of the Commodity exchange "Fincom". 6. During the payment of arbitration fee in payment order in the column "Recipient" should be specified: the Commodity exchange "Fincom"; in the column "Payment purpose" should be specified: "Arbitration fee for dispute consideration under the claim"..... (The name of the claimant) to..... (The name of the respondent) about..... (Instructions about the claim) ". 7. The amount of arbitration fee depends on the price of the claim and pays off in such manner: During consideration of property disputes: The claim sum (in gryvnas) Arbitration fee (in gryvnas) To 50 000 4 % from the claim price, but it is not less than 500 From 50 000 to 300 000 3 % from the price of the claim or property cost From 300 000 to 500 000 2 % from the price of the claim or property cost From 500 000 to 1 500 000 1,5 % from the price of the claim or property cost From 1 500 000 and more 1 % from the price of the claim or property cost The amount of arbitration fee during consideration of non-property disputes: - For physical bodies - 500 gryvnas; - For legal bodies - 1500 gryvnas. 8. If dispute is considered by five and more judges, the amount of arbitration fee, which is subject to payment, raises on 20 % from specified above. 9. If without attraction to case of other respondent, case cannot be considered in effect, and this respondent does not give the consent to dispute consideration in the Arbitration court, the Arbitration court returns to the claimant 70 % of the arbitration fee amount. 10. If the claimant has withdrawn the claim after the Decision message concerning legal investigation, but to the first hearing, the Arbitration court returns to the claimant 50 % of the arbitration fee amount. 11. Partial returning of arbitration fee is specified in the Decision or in the Arbitration court Decision. 12. As an exception, the Head of the Arbitration court, on demand of the claimant, in case of especially big price of the claim (property cost), has the right to make the decision on reduction of the sum of arbitration fee (expenses) or to give a delay. 13. If arbitration fee is not paid throughout monthly term from the moment of representation of the statement of claim the statement of claim remains without consideration. 14. In case the Arbitration court legal investigation has not taken place or was stopped, paid arbitration fee recovers to the claimant, except cases if it has been caused by recusation of all judges, drawing up by the parties of the lawsuit agreement, refusal by the claimant of the claim and other circumstances provided by the Law of Ukraine "About arbitration courts" and this Regulation. 15. In case the Arbitration court legal investigation has not taken place or was stopped by the reasons that specified in point 14 article 58 of this Regulation, the parties compensate to the Arbitration court all expenses suffered by it that is specified in the Arbitration court decision. 16. For statements of claim, which contain simultaneously requirements of property and non-property character, simultaneously arbitration fee established for statements of claim of property character and for statements of claim of non-property character is paid. 17. In case reduction of the claim price the paid arbitration fee does not recover. 18. Taking into consideration the complication of the case, which essentially increases time expenses and material expenses connected with arbitration consideration, the Head of the Arbitration court can make a decision concerning increasing of the sum of arbitration fee. Article 59. Arbitration fee payment order in case of increase in claim requirements. 1. In case of increase in the size of claim requirements, the claimant should pay addition arbitration fee, according to the new price of the claim. 2. In case of arbitration fee underpay according to the new price of the claim, the Arbitration court has the right to leave the statement for increase in claim requirements without consideration. Article 60. Arbitration fee in case of the counterclaim. 1. To the counterclaim the same rules concerning calculation of the sum of arbitration fee as to the first claim is applied. Article 61. Expenses of the parties for the representatives. 1. Expenses of the parties in connection with protection of the interests through representatives in the Arbitration court are born by each party separately. 2. Expenses are suffered by the party in benefit of which judgment deliver, in connection with protection of the interests in the Arbitration court through representatives, can be put on an opposite party in measure, which the Arbitration court recognizes as their reasonable and acceptable. Article 62. Distribution of the expenses connected with the dispute settlement by the Arbitration court. 1. Distribution of the expenses connected with the dispute settlement by the arbitration court is carried out by the arbitration court in such order: - I case of satisfaction of the claim expenses are to the respondent; - I case of refusal in the claim - to the claimant; - I case of partial satisfaction of the claim - to both parties in proportionally size of the satisfied requirements. 2. The order of distribution of the expenses connected with the dispute settlement by the arbitration court is specified in the decision or the arbitration court decision. 3. In case of proceeding delays, caused by actions of one party and that are not recognized by the Arbitration court as valid and reasonable, the Arbitration court can collect additional expenses in favor of the second party, which it suffers in connection with inexpedient or unfair actions of the another party. 1. The fee at the rate of 30 percent from the size of arbitration fee, which is not subject to returning to the claimant, paid on concrete case, is paid to the arbitration judge, who takes part in arbitration consideration, after the termination of consideration of concrete case. 2. If case is considered by structure of the arbitration court in number of three arbitration judges, after the termination of consideration of concrete case, these arbitration judges receive fees in such sizes: the chairman of arbitration court structure - 12 percent, two other arbitration judges of arbitration court structure - 9 percent from the size of arbitration fee, which is not subject to returning to the claimant, paid on concrete case. 3. Fees to arbitration judges are paid by the Commodity exchange "Fincom" on current accounts of arbitration judges in banking establishments or direct from the cash. Requisites of the bank accounts are informed by each arbitration judge to the Arbitration court in writing. For payment of the fee by the Commodity exchange "Fincom", last can demand from the arbitration judge of granting of additional documents (a copy of the inquiry on identification number, copy of the passport, etc.). 4. Under the statement of the arbitration judge, stated in writing, the legal investigation can be carried out gratuitously.
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