К вопросу о государственной пошлине как инструменте процессуальной экономии

Abstract

The article analyzes the possibility of solving the problems of optimizing civil proceeding by changing the approach to the issue of court fee. It must be said that even the judicial community does not have an unambiguous position about increasing court fees. Thus in 2017 the Chairman of the Supreme Court of the Russian Federation, V.M. Lebedev, removed the item of increasing court fees from the consideration by the Plenum of the Supreme Court of the Russian Federation, noting that this initiative could have negatively affect to the realization of the right to access to justice. Nevertheless, already in 2018, the Chairman of the Council of Judges of the Russian Federation, V.V. Momotov, expressed the idea of the need to increase unfairty low court fees. In the context of the increasingly urgent problem of court congestion, initiatives in the field of popularization of alternative dispute resolution methods seem quite fair, but how will it be possible to achieve their effective development in conditions of cheap justice? This item should be discussed carefuly, considering the possibility of subtle use of court fee mechanisms in order to optimize legal proceedings, aimed at increasing the attraction of using out-of-court ways of settlement legal contest resolution by participants. However, it is important to maintain a balance of interests, preventing the right of access to justice from becoming a privilege.