Business guide

Author of the article: Elena Petrenko Last modified: January 2021 26582

In some cases, plaintiffs are faced with an incorrect interpretation of legislative norms by the courts, which believe that the state duty for deprivation of parental rights by individuals must be paid, but is not paid when filing a claim by government organizations. Actually this is not true. To understand this issue, it is enough to study judicial practice and familiarize yourself with its review, approved by the Presidium of the RF Armed Forces on July 20, 2011.

General provisions

According to Article No. 70 of the Family Code of the Russian Federation (clause No. 1), deprivation of parental rights can only take place in court. The following are persons who have the authority to file an application for deprivation of paternal (maternal) rights:

one of the parents;
employees of guardianship and guardianship authorities;
prosecutors (if the defendant’s parental rights are deprived due to the commission of a crime).

A receipt for payment of the state fee must be attached to the claim and other documentation that is necessary to start legal proceedings (Article No. 132 of the Civil Procedure Code of the Russian Federation).

As for the jurisdiction of a civil case, it is determined by the actual place of registration of the defendant (Article No. 24 of the Civil Procedure Code of the Russian Federation). The choice of judicial authority is limited exclusively to the district court, therefore it is impossible to apply to the magistrate’s court to annul parental rights.

Standard procedure for depriving a father or mother of parental rights in the Russian Federation

Searching for the defendant - they are not always nearby and have a permanent place of residence; fathers often wander all over the country and filing a claim becomes a real problem. In such situations, the application can be taken to the court at the place of last registration, and let the police look for the defendant.
Duration of the process - due to the specifics, the review may take several months or several years, for which you should be prepared. And if the defendant suddenly becomes inflamed with feelings for the child and begins to resist (which happens, but rarely), this period will increase even more.
Notification - in order for the defendant to be able to defend himself against charges and assert his rights, he must be notified in a timely manner, which also poses difficulties.
Distance – in cases of this category, both the defendant and third parties (guardianship and prosecutor) can be represented in documents, that is, they express their opinion in writing and justify the reason for absence.
Irrefutable evidence - since deprivation is an extreme measure, in order to make a positive decision there must be very strong evidence, both documentary and witness testimony.
Mitigating factors - if the defendant does not fulfill parental obligations due to insurmountable circumstances (serious illness, disability), this is taken into account when making a decision.

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Although the court will in any case raise the issue of alimony, even if the plaintiff does not put forward such a demand, when there are problems with the location of the prodigal daddy, it is easier to add to the claim for deprivation and a claim for alimony, so as not to wander around cities and towns, but to file an application in the place of one’s own registration.

Filling out the form

To obtain a form for paying the fee, you must contact any banking institution and ask the cashier for it. In order for the payment of the state fee to proceed without any problems, the form must contain all the information indicated below:

location and name of the judicial institution;
fee amount (300 Russian rubles);
Full name (it is important to avoid any inconsistencies in the form and passport);

Important! It is not recommended to contact the district court directly to obtain details or pay fees, since such transactions are not within their competence. Also, court staff are not required to provide advice regarding the rules for paying the fee.

Money transfer

The money is transferred to the account of the court before the consideration of the claim, since, as mentioned above, the payment receipt must be included in the general package of documents for going to court. Both cash and non-cash payments are possible. If for some reason the payment was not made (incorrectly filled in details, technical problems, etc.), then the legal claim will not be considered. The plaintiff must be notified in advance of any financial problems.

How much does the state fee cost to establish paternity?

The amount of the state fee depends on how you seek recognition of paternity. It is also worth remembering that according to the Tax Code of the Russian Federation there is a list of persons who are not involved in payment. A complete list can be found in the Tax Code Art. 333.35.

The state fee at the registry office to establish paternity will cost you 350 rubles. This amount includes not only the services of the registry office employees, but also a new birth certificate for the child if the certificate itself has not yet been issued.

The fee for filing an application with the court will be a little cheaper - only 300 rubles. If you are not satisfied with the judge’s decision and want to file an appeal, you will have to pay an additional 150 rubles. It is also worth considering that after the court’s decision, the mother must submit documents to the registry office and pay 350 rubles for the work of the employees of this government body.

How to pay the state fee

Before paying, it is important to clarify the details to which your money will be transferred. This point requires special attention, since an error in the details will delay the process of establishing paternity or cause a refusal. You can find out the exact details directly at the registry office or in court.

When submitting an application to the Civil Registry Office, in some branches the state fee can be paid at the institution's cash desk.

You can pay the state fee at any bank branch convenient for you. To do this, you need to give the cashier your passport and exact payment details. Please note that some banks charge a certain percentage for transferring money. The human factor should not be excluded, so carefully check the details of the receipt that the cashier will issue.

Another payment option is non-cash. To do this, you can use payment terminals at bank branches or issue a payment order through a cashier. Make sure that the document confirming payment is marked “electronically” in the upper right corner and also has the cashier’s signature.

Payment of state fees can be accepted at post offices. In this option, you will have to fill out the payment receipt yourself.

Is it possible to return the state fee?

If the state fee for establishing paternity has already been paid, but for some reason you no longer require the service, it is possible to return the money. A refund is possible only if paternity determination is considered in court:

parents resolved disagreements informally
the plaintiff refuses to consider the case and withdraws the statement of claim

To receive a refund, you must obtain a certificate of termination of the legal proceedings. After this, an application is sent to the tax authority serving the court where the documents were submitted with a request for the return of the state duty. Do not forget to attach the original receipt for covering the state fee to your application. The payment will be returned within a month.

The tax office will only return the money via non-cash payment, so please provide your bank details.

Incorrect registration of state duty

If the requirements for payment of the fee are not met, the court notifies the plaintiff and sets aside 10 days to eliminate all shortcomings. To fix the problem, you need to contact the bank where the payment was originally made and consult with the operator.

In the case where the amount paid was less than 300 rubles, an additional payment must be made. If the details are entered incorrectly, the sent amount is returned, after which it is transferred to the correct bank account.

At the last stage, the plaintiff needs to write a statement to attach a new receipt to the case. The document is then sent to the office by registered mail with acknowledgment of receipt.

Repeated payment of the state fee for deprivation of parental rights 2021 must strictly be made within 10 days from the date of receipt of the court ruling (the date must be indicated on the envelope). If the notification is issued by an office employee, the date is indicated on the document itself. If this deadline is not met, the claim will be returned to the applicant and the legal proceedings will be stopped.

It is noteworthy that a citizen will not have the opportunity to file another claim for deprivation of parental rights if he has not paid the state fee. For example, if the father wanted to be deprived of his guardianship status due to alcohol abuse, then a repeated court case to revoke paternity can be opened only if other circumstances arise.

Important! The plaintiff additionally needs to draw up a statement that he has executed the court ruling (indicate its number and date of receipt). It is recommended to make another copy of the application, which will be stamped indicating that another copy has been received.

If the state fee has been charged to the account of the judicial institution, the court will issue a decision to open the case and schedule an initial hearing. Of course, the start of legal proceedings is possible only if a full package of documentation is provided.

State duty for deprivation of parental rights

After 14 years of age, a citizen has the right to change his patronymic, in the same manner as changing his name. From 14 to 18 years old, this requires: a passport of a 14-year-old, written consent of both parents, which they give at the registry office, and 1000 rubles. to pay the state fee. If the father is indicated in the certificate and is not deprived of parental rights, his consent will also be required. If it is impossible to obtain it, then a court decision is needed. Art. 58 FZ-143: https://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=LAW;n=154794 When you first receive a passport, nothing can be changed. A passport must be obtained using the data that appears on the birth certificate.

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Insufficient funds to pay the state fee

Russia is a social state, therefore legislation is aimed at protecting low-income categories of citizens. If, for example, the mother encountered financial difficulties at the time of filing the application, then she has legal grounds to request that the defendant assume the obligation to pay the state fee. To prove your financial insolvency, when filing a claim, you can additionally submit the following documents to the court:

an order issued by the employer to terminate the employment contract;
document on incapacity;
a copy of the page of the work book indicating the reduction in staff, etc.

Number of claims and amount of state duty

Many applicants are interested in whether the number of demands in a lawsuit affects the amount of the fee when depriving a citizen of parental rights. Yes, the amount of state duty directly depends on the number of legal proceedings.

Example. The mother discovered that the father had abused the minor child, which is grounds for termination of paternity rights. At the same time, she wants to dissolve the family union in court.

In this case, the amount of the state duty will no longer be three hundred, but six hundred rubles. This is explained by the fact that two court cases will be considered simultaneously.