О ПОНИМАНИИ ИНСТИТУТА СУДЕБНЫХ РАСХОДОВ И ЕГО СООТНОШЕНИИ С УБЫТКАМИ В АСПЕКТЕ СОВРЕМЕННОЙ ПРАВОВОЙ ПОЛИТИКИ

Abstract

The article is devoted to the legal nature of legal costs in the context of domestic legal policy. The relevance of this study is evidenced by the lack of proper coverage and a more or less consistent understanding of this problem in legal science, which is inevitably extrapolated to the legislation and applied components of domestic legal life. In order to form a comprehensive idea of the institution of legal expenses, general scientific (logical (induction, deduction, analysis and synthesis), systemic and functional) and private law (historical-legal, formal-legal, comparative-legal) methods are used. It is argued that any presence of a right or its absence, violation or non-violation of it is established only through a formal jurisdictional process, as a result of which a person has expenses and the right to compensation in case of a positive outcome. It is stated that a legitimate fact for the submission of claims for the recovery of legal costs is not jus or some traditional conditions of civil circulation, but judicium and its legal force. It is noted that there is no direct causal connection between jus and the procedural institute of judicial expenses, but there is between satisfaction of actio and subsequent award of such expenses. It is concluded that legal costs do not correlate with the discovery of contractual or non-contractual obligations, as well as the need for compensation for harm to a person who suffered from a guilty act. Being an institute of civil procedural law, court costs are not recoverable not because of the indicated, but because of the administration of justice in a civil or administrative case and are directly dependent on its final outcome.