Court Costs and Fee Allocation in the Russian Federation: A Civil Law System with a Free Market

Abstract

This article provides a study of the principles and rules governing cost and fee allocation in civil litigation in Russia. In many regards, the Russian Federation is a typical civil tradition system. Cost and fee allocation rules, however, combine some very specific features which are typical for not only continental tradition countries but for common law systems as well. The coexistence within the Russian judiciary of two independent court systems also adds some complexity as these systems sometimes pursue distinct approaches in resolving similar issues. Lawyer fees are determined by an open market, i.e., without government regulation. As a result, almost any method of computation, as well as any conditions of payment (such as success-oriented fees) are allowed. Today, the most urgent questions for the Russian Federation with regard to access to justice are the affordability of professional representation in court and the weak legal aid system.