“Reimbursement of Expenses for Enforcement of a Court Decision and Litigation Costs” — Alsu Mukhametdinova for the Legal Information Agency

LIA — Is a claimant entitled to recover expenses (for legal services, organizational and other costs) incurred during the enforcement of a court decision? As well as expenses for the recovery of litigation costs?

Alsu Mukhametdinova, Attorney, Lead Lawyer at Prime Advice Law Office St. Petersburg:

A claimant is entitled to demand reimbursement of litigation costs incurred at the stage of enforcement of a court decision in cases where they are related to the consideration of a debtor's petitions. For instance, when the claimant is forced to participate in hearings addressing the grant of a deferral or installment plan, a change in the method and procedure for enforcing the court act, to file objections in such matters, engage lawyers for this purpose, and so on.

However, legal practice is based on the principle that the debtor cannot be charged with the claimant's expenses associated with putting the court act into enforcement. This includes expenses for obtaining a writ of execution or filing an application to initiate enforcement proceedings.

The Constitutional Court of Russia has repeatedly pointed out the inadmissibility of repeatedly filing applications for the reimbursement of litigation costs. Therefore, submitting a separate application for the recovery of "expenses on expenses" (for example, those related to the preparation and filing of an application or objections) is not permitted. The party that lost the case on the merits cannot claim reimbursement of expenses, even if it successfully challenges the ruling on the award of litigation costs made in favor of the prevailing party.