Abstract

A review of the practice in recovering court expenditures [raskhody] in civil cases and court costs [izderzhki] in criminal cases has demonstrated that courts do not always observe the laws in effect with regard to this matter, that they commit significant errors. Frequently, in accepting the filing of suits and appeals in civil cases, courts do not exact payment of the state fee provided by law, or else they determine it inaccurately. They do not always take into consideration the fact that expenditures caused the court in connection with the trial and the state fee, from which a plaintiff has been exempted, are to be recovered from the respondent for the state in proportion to the satisfied portion of the claim in the suit. In violation of Article 45 of the RSFSR Code of Civil Procedure and the corresponding articles of the civil procedural codes of the other union republics, many courts do not demand that the parties make advance payment of the sums needed to meet the costs of calling witnesses and experts, as well as the expenditures involved in on-site examinations.

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