Court costs and its compensation in civil proceedings: concept and legal nature

The article deals with the concept and legal nature of court costs in a civil case. Different types of court costs are considered, as well as existing views in the literature on the legal nature of costs. The author believes that the assignment of court costs is a measure of civil procedural responsibility. However, the risk taken by the parties to the civil case and other participants in the process should not be underestimated. The most acceptable from the point of the institution nature is a mixed approach to the characteristics of the costs grounds taking into account a theory of liability and a theory of risk. In a separate group of court expenses, it is proposed to allocate the costs with a civil case, which are ultimately assigned to the state. This subgroup of court expenses is distinguished by budgetary sources and special grounds for compensation, as well as pronounced imperative nature of legal regulation of the amount of such expenses and the composition of supporting documents.

court costs, liability theory, risk theory, parties to a civil case, civil proceedings