THE CONCEPT, TYPES AND COMPOSITION OF COURT COSTS IN THE ECONOMIC PROCESS

Abstract

Abstract. This scientific article examines the issue of the concept, types and composition of court costs in the economic process. It is emphasized that the issue of costs in court procedures is always closely related to guaranteeing the availability of legal protection for individuals and legal entities who violate or challenge their rights and legitimate interests. In the context of the further reform of the judicial system in Ukraine, this becomes a particularly relevant issue. Special attention in the framework of the study is devoted to the definition of the concept of court costs in the economic process and the corresponding views of scientists are given. On the basis of the analysis of the provisions of economic procedural legislation and the views of researchers regarding the concept of court costs in the economic process, the author’s definition of the concept of “court costs in the economic process” is proposed. The scientific article analyzed the provisions of the Law of Ukraine “On Court Fees” on the subject of types of court costs, as well as analyzed judicial practice, where the peculiarities of the distribution of court costs between participants in economic proceedings, as well as, accordingly, the payment of court fees, were analyzed. In our opinion, examples of judicial practice demonstrate the importance of correctly calculating the court fee and taking into account the amount of the rates at the time of submitting the relevant application, and failure to comply with the rules can lead to illegal decisions and require a retrial of the case. Also, within the framework of the article, it is determined that consideration of a case in an economic process may require various types of expenses, including court fees, expenses for professional legal assistance, expenses for the involvement of witnesses, specialists, translators, experts and conducting an examination, as well as expenses related to demanding evidence and carrying out other procedural actions. The work examines each of the types of court costs and identifies the specifics of using one or another type. In addition, also within the framework of this scientific article, it was concluded that court costs in economic litigation have an important role in ensuring the financing of the judicial system and stimulating interested parties to resolve their disputes in accordance with the law.