1. Legal expenses incurred by persons participating in the case, in whose favor a judicial act was adopted, shall be recovered by the arbitration court from the outside.

If the claim is partially satisfied, legal costs are borne by the persons participating in the case in proportion to the amount of the satisfied claims.

2. The costs of paying for the services of a representative incurred by the person in whose favor the judicial act was adopted shall be recovered by the arbitration court from another person participating in the case, within reasonable limits.
3. The state duty, from which the plaintiff was exempted in accordance with the established procedure, is recovered from the defendant into the federal budget in proportion to the amount of satisfied claims, unless the defendant is exempt from paying the state duty.
4. When the persons participating in the case agree on the distribution of legal costs, the arbitration court assigns legal costs to them in accordance with this agreement.

5. Legal expenses incurred by persons participating in the case in connection with the consideration of the appeal or cassation complaint are distributed according to the rules established by this article.

6. Unpaid or incompletely paid expenses for the examination are subject to recovery in favor of the expert or state forensic institution from the persons participating in the case, in proportion to the amount of satisfied claims.

Commentary on Article 110 of the Arbitration Procedure Code of the Russian Federation

Commentary to part 1

1. Legal expenses incurred by persons participating in the case, in whose favor a judicial act was adopted, are recovered by the arbitration court from the other party, that is, from the party against whose interests the decision was made.

2. Amounts related to travel costs, rental of premises, daily allowance, as well as remuneration for work performed, are paid from the amounts contributed by the parties, except in cases where the parties are exempt from paying court costs in the case; in these cases, payment is made from funds allocated according to the estimate.

3. When resolving disputes related to the execution of surety agreements by the courts, it is necessary to take into account that, based on clause 2 of Art. 363 of the Civil Code of the Russian Federation, the obligation of the guarantor to the creditor is that he must bear responsibility for the debtor to the same extent as the debtor, including compensation for legal costs for debt collection and other losses of the creditor caused by non-fulfillment or improper fulfillment of the obligation by the debtor, unless otherwise provided for in the surety agreement.

________________
By analogy with the interpretation of previously existing arbitration procedural rules. See: On the practice of applying the provisions of the Civil Code of the Russian Federation on interest for the use of other people's funds: Resolution of the Plenum of the Supreme Court of the Russian Federation No. 13 and the Supreme Arbitration Court of the Russian Federation No. 14 of October 8, 1998 // Bulletin of the Supreme Court of the Russian Federation. - 1998. N 12.

4. Unless otherwise provided by the agreement, the mortgage also ensures payment to the mortgagee of the amounts due to him in compensation for legal costs and other expenses caused by the foreclosure of the pledged property (subclause 3, part 3, clause 1, article 3 Federal Law of July 16, 1998 Year N 102-FZ "On mortgage (real estate pledge)").

________________
See: Collection of legislation of the Russian Federation. - 1998. - N 29. - Article 3400.

5. Collection of legal costs from the foreign company - the defendant is carried out at the legal address of the representative office (branch) of the foreign company in the Russian Federation or at the address of authorized representatives - residents of the Russian Federation. Namely, in the case where a foreign person has a branch or representative office on the territory of the Russian Federation and the regulations on the branch, representative office (or power of attorney) stipulate that they are authorized to pay legal expenses on the territory of the Russian Federation, payment of legal expenses can be made from the accounts these branches or representative offices. In the same case, when a foreign party issues a power of attorney for representation for a Russian legal entity, stipulating the latter’s obligations to pay state fees, legal expenses may be reimbursed by the appropriate representative of the foreign party.

________________
By analogy with the interpretation of previously existing arbitration procedural rules. See: Review of judicial and arbitration practice in resolving disputes in cases involving foreign persons: Information letter dated February 16, 1998 N 29 // Bulletin of the Supreme Arbitration Court of the Russian Federation. - 1998. N 4.

6. The decision of the arbitration court or the ruling of the arbitration court, adopted as a result of the consideration of a bankruptcy case, establishes the procedure for the distribution of legal costs and expenses for the payment of remuneration to the arbitration manager.

7. Unless otherwise provided by the Federal Law “On Insolvency (Bankruptcy)” or by the decision of the meeting of creditors, all legal costs, including the cost of paying the state duty, which was deferred or in installments, costs of including information provided for by the Federal Law “On Insolvency” (bankruptcy)", to the Unified Federal Register of Information on Bankruptcy and publication of such information in the manner established by Art. 28 of the Federal Law “On Insolvency (Bankruptcy)”, and the costs of paying remuneration to arbitration managers in a bankruptcy case and paying for the services of persons engaged by arbitration managers to ensure the execution of their activities are charged to the debtor’s property and are reimbursed from this property out of turn.

8. The settlement agreement may provide for a different procedure for the distribution of these expenses.

9. If, based on the results of consideration of the validity of the creditors’ claims, the arbitration court issued a ruling to refuse to introduce supervision and to leave the application without consideration or to refuse to introduce supervision and to terminate the proceedings, with the exception of satisfying the applicant’s demands after filing an application to declare the debtor bankrupt, the costs provided for above are borne by the applicant who applied to the arbitration court with a creditor's application. If bankruptcy creditors have combined their claims and set them out in one application, the above expenses are distributed among the applicants in proportion to the amounts of their claims (Parts 1 and 2 of Article 59 of the Federal Law “On Insolvency (Bankruptcy)”).

10. If a claim filed by the prosecutor in the interests of the enterprise is rejected, the state duty cannot be recovered from the plaintiff.

________________
By analogy with the interpretation of previously existing arbitration procedural rules. See: Review of the practice of resolving disputes by arbitration courts on claims of prosecutors: Letter of the Supreme Arbitration Court of the Russian Federation dated June 25, 1993 N C-13/OP-203 // Bulletin of the Supreme Arbitration Court of the Russian Federation. - 1993. N 8.

11. Within the meaning of the norms of c.s. the issue of distribution of legal costs for payment of state fees is resolved by the arbitration court based on the results of the consideration of the case, regardless of whether a petition for its resolution is submitted to the court.

12. In the event that a decision is made against several defendants, the court costs incurred by the plaintiff to pay the state fee are recovered by the court from these defendants as co-debtors in a shared obligation, regardless of the plaintiff’s demands to recover such expenses from only one or more of them.

________________
See: On the application of legislation on state duties when considering cases in arbitration courts: Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated July 11, 2014 N 46 // Economics and Life (Accounting Appendix). - 2014. - N 31.

13. The party in whose favor the decision was made has the right to reimbursement of legal costs at the expense of the other party, as well as to compensation for losses caused by securing the claim, and to recovery of compensation for loss of time.

________________
See: In the case of verifying the constitutionality of the provisions of paragraph 2 of Article 1070 of the Civil Code of the Russian Federation in connection with complaints from citizens I.V. Bogdanov, A.B. Zernov, S.I. Kalyanov and N.V. Trukhanov: Resolution of the Constitutional Court of the Russian Federation dated January 25, 2001 N 1-P // Collection of legislation of the Russian Federation. - 2001. - N 7. - Article 700.

Commentary on part 2

14. Part 2 c.s. gives the arbitration court the right to reduce the amount collected in compensation for the corresponding expenses for paying for the representative’s services. Since the implementation of this right by the court is possible only if it recognizes these costs as excessive due to the specific circumstances of the case, despite the fact that, as the Constitutional Court of the Russian Federation has repeatedly indicated, the court is obliged to create conditions under which the necessary balance of procedural rights and obligations of the parties is observed , this provision cannot be considered as violating the constitutional rights and freedoms of the applicant.

15. The obligation of the court to recover the costs of paying for the services of a representative, incurred by the person in whose favor the judicial act was adopted, from another person participating in the case, within reasonable limits, is one of the legal methods provided for by law, aimed against unreasonably inflating the amount of payment for the services of a representative, and thereby - to implement the requirements of Part 3 of Art. 17 of the Constitution of the Russian Federation. That is why in Part 2 of the Article. We are talking, essentially, about the duty of the court to establish a balance between the rights of the persons participating in the case.

16. At the same time, when making a reasoned decision to change the amount of amounts collected to reimburse the relevant expenses, the court does not have the right to reduce it arbitrarily, especially if the other party does not object and does not provide evidence of the excessiveness of the expenses collected from it.

________________
See: On the refusal to accept for consideration the complaint of the limited liability company "Trust" about the violation of constitutional rights and freedoms by part 2 of Article 110 of the Arbitration Procedural Code of the Russian Federation: Determination of the Constitutional Court of the Russian Federation of December 21, 2004 N 454-O.

Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The correct word is “imprinting”.

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice - the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

It is also possible that these hypotheses can be combined in one proportion or another.

1. Legal expenses incurred by persons participating in the case, in whose favor a judicial act was adopted, are recovered by the arbitration court from the other party, that is, from the party against whose interests the decision was made.

2. Amounts related to travel expenses, rental of premises, daily allowance, as well as remuneration for work performed are paid from the amounts contributed by the parties, except in cases where the parties are exempt from paying court costs in the case; in these cases, payment is made from funds allocated according to the estimate.

3. When resolving disputes related to the execution of surety agreements by the courts, it is necessary to take into account that, based on clause 2 of Art. 363 of the Civil Code of the Russian Federation, the obligation of the guarantor to the creditor is that he must bear responsibility for the debtor to the same extent as the debtor, including compensation for legal costs for debt collection and other losses of the creditor caused by non-fulfillment or improper fulfillment of the obligation by the debtor, unless otherwise provided for in the surety agreement.

4. Unless otherwise provided by the agreement, the mortgage also ensures payment to the mortgagee of the amounts due to him in compensation for legal costs and other expenses caused by the foreclosure of the pledged property (clause 3, part 3, clause 1, article 3 of the Federal Law of July 16, 1998 Year N 102-FZ "On mortgage (real estate pledge)").

5. Collection of legal costs from the foreign company - the defendant is carried out at the legal address of the representative office (branch) of the foreign company in the Russian Federation or at the address of authorized representatives - residents of the Russian Federation. Namely, in the case where a foreign person has a branch or representative office on the territory of the Russian Federation and the regulations on the branch, representative office (or power of attorney) stipulate that they are authorized to pay legal expenses on the territory of the Russian Federation, payment of legal expenses can be made from the accounts of these branches or representative offices. In the same case, when a foreign party issues a power of attorney for representation for a Russian legal entity, stipulating the latter’s obligations to pay state fees, legal expenses may be reimbursed by the appropriate representative of the foreign party.

6. The decision of the arbitration court or the ruling of the arbitration court, adopted as a result of the consideration of a bankruptcy case, establishes the procedure for the distribution of court costs and expenses for the payment of remuneration to the arbitration manager.

7. Unless otherwise provided by the Federal Law “On Insolvency (Bankruptcy)” or the decision of the meeting of creditors, all legal costs, including the costs of paying the state duty, which was deferred or spread out, the costs of publishing information in the manner established by Art. 28 of the Federal Law “On Insolvency (Bankruptcy)”, and the costs of paying remuneration to arbitration managers in a bankruptcy case and paying for the services of persons engaged by arbitration managers to ensure the execution of their activities are charged to the debtor’s property and are reimbursed from this property out of turn.

8. The settlement agreement may provide for a different procedure for the distribution of these expenses.

9. If, based on the results of consideration of the validity of the creditors’ claims, the arbitration court issued a ruling to refuse to introduce supervision and to leave the application without consideration or to refuse to introduce supervision and to terminate the proceedings, with the exception of satisfying the applicant’s demands after filing an application to declare the debtor bankrupt, the costs provided for above are borne by the applicant who applied to the arbitration court with a creditor's application. If the bankruptcy creditors have combined their claims and set them out in one application, the above costs are distributed among the applicants in proportion to the amounts of their claims (parts 1 and 2 of Article 59 of the Federal Law “On Insolvency (Bankruptcy)”).

10. If a claim filed by the prosecutor in the interests of the enterprise is rejected, the state duty cannot be recovered from the plaintiff.

11. The party in whose favor the decision was made has the right to reimbursement of legal costs at the expense of the other party, as well as to compensation for losses caused by securing the claim, and to recovery of compensation for loss of time.

12. When the cassation court makes a new decision, it provides in its decision for the distribution of legal costs between the parties. If a judicial act is annulled and the case is transferred for a new trial, the issue of distribution of legal costs is resolved by the arbitration court, which again considers the case.

13. Part 2 comments. Article gives the arbitration court the right to reduce the amount collected in compensation for the corresponding expenses for paying for the services of a representative. Since the implementation of this right by the court is possible only if it recognizes these costs as excessive due to the specific circumstances of the case, despite the fact that, as the Constitutional Court of the Russian Federation has repeatedly indicated, the court is obliged to create conditions under which the necessary balance of procedural rights and obligations of the parties is observed , this provision cannot be considered as violating the constitutional rights and freedoms of the applicant.

14. The obligation of the court to recover the costs of paying for the services of a representative, incurred by the person in whose favor the judicial act was adopted, from another person participating in the case, within reasonable limits, is one of the legal methods provided for by law, aimed against the unreasonable overestimation of the amount of payment for the services of a representative, and thereby - to implement the requirements of Part 3 of Art. 17 of the Constitution of the Russian Federation. That is why in part 2 comment. Article is essentially about the duty of the court to establish a balance between the rights of the persons participating in the case.