The correctness of the collection of court costs (state fees, court costs).
A study of the cases showed that when filing lawsuits with the court, the state fee is paid in accordance with the requirements of the Tax Code. When lawsuits are filed by authorized state bodies, no state duty is charged on the basis of subparagraph 16) of Article 541 of the Tax Code. According to paragraph 9 of Regulatory Resolution No. 5, claims by tax authorities and the prosecutor for the liquidation of both absent legal entities and absent debtors are not subject to state duty. By virtue of the provisions of Part 1 of Article 117 of the CPC, the state fee from which the plaintiff was exempted is collected from the defendant, who is not exempt from paying court costs, to the state's income in full or in proportion to the satisfied part of the claim.
The correctness of the collection of court costs (state fees, court costs).
The generalization established that, in general, court costs are not distributed by the courts, since the defendants are absent legal entities, which makes it impossible to enforce the court's decision regarding the collection of state fees from them. Some courts do not collect a state fee from a legal entity, as the court's decision is practically not enforced due to the lack of property. It seems to be the correct position of the courts, which, if the court imposes the obligation to liquidate an absent legal entity on an authorized body, the court costs are attributed to the republican budget, due to the fact that the procedures for the liquidation of absent legal entities are financed from these funds.
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