Legal Fees and Costs in Russian Litigation

Litigation in Russia involves three main types of expense: the state fee paid when a claim is filed, the fees of the lawyer or advokat, and other court costs such as expert examinations and translations. Russian courts follow a "loser pays" rule: the winning party may recover its costs from the losing side, but attorney fees are recovered only in a reasonable amount set by the judge.

For a client in California, this means the budget of a case and the chance of getting money back should be estimated before filing.

State Fees at Filing

The state fee is governed by the Tax Code. For property claims it depends on the claim value and grows on a sliding scale, with separate rules for non-property claims, appeals and cassation complaints. The rates were raised substantially in September 2024, so older online calculations are no longer reliable.

Some categories of claimants are exempt, including consumers in claims up to a set threshold and plaintiffs in certain employment disputes. The fee must be paid before filing, and the receipt is attached to the claim.

How Attorney Fees Are Agreed

An advokat always works under a written agreement with the client. It sets the scope of work and the fee, which may be a fixed sum, an hourly rate or payment per stage of the case.

Since 2019 the Law on Advocacy has allowed an additional fee that depends on the outcome of the case, except in criminal matters and cases of administrative offences. The agreement must describe this condition clearly.

Recovering Costs from the Losing Side

The court awards costs to the party in whose favour the decision was made. If a claim is granted in part, costs are divided in proportion to the satisfied amount.

Other Court Costs to Plan For

Beyond fees, a case may require a forensic examination, which the requesting party usually pays into the court's deposit account in advance. Expert fees in construction, valuation or handwriting disputes can exceed the state fee many times over.

Foreign parties also pay for certified translations, apostilles and notarised powers of attorney. These are court costs too, and they can be claimed from the losing side if documented.

The Reasonableness Test

The Plenum of the Supreme Court explained the rules on costs in its Resolution No. 1 of 21 January 2016. The court looks at the complexity of the case, the time spent, the number of hearings and the usual fees for similar services in the region.

The court may reduce clearly excessive fees even if the other side does not object. It cannot, however, cut them arbitrarily and must give reasons for any reduction.

Evidence Needed for a Costs Claim

Payment must be documented. The usual set includes the legal services agreement, an act of services rendered, bank payment records and documents confirming the representative's participation in hearings.

Payments made abroad, for example from a US bank account, are accepted, but the documents need a translation into Russian.

Deadlines and Practical Advice

A costs application may be filed during the case or separately after the final decision. The separate application must be filed within three months after the last judicial act in the case has entered into force.

It helps to keep a running record of work performed and to collect payment documents from the start. Attorney Elena Petrova prepares a realistic cost estimate for clients in California before filing and handles the recovery of costs after the decision.

The main channel of communication with the attorney is email: attorneypetrova1@gmail.com.