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The Law On The Part Of The Courts And The Administrative Authorities Of The Charges For Certain Legal Services

Original Language Title: Laki tuomioistuinten ja eräiden oikeushallintoviranomaisten suoritteista perittävistä maksuista

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Law on charges levied by courts and certain judicial authorities

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

ARTICLE 1 (22.11.1996/82)
Scope

Charges are levied on the State according to the law of the court, the bailiary and the prosecutor of the District Attorney and the Public Prosecutor. The administrative courts of the Åland Islands shall charge fees according to the same criteria as in the county court.

ARTICLE 2
Payment institutions

According to this law, Handling fees And Settlement fees.

Processing fees are: Fee, application fee And Delivery fee . The treatment charge shall be charged to the party concerned in the form of compensation for the proceedings and the measures taken. The treatment fee shall also include remuneration for a settlement of the case or an intermediate decision, which may be an extract, a decision, a copy of the decision, a copy of the judgment, a copy of the judgment, a certificate or any other delivery book. The treatment fee shall also include compensation for other matters relating to the handling of the case, except where the law or regulation provides for a different charge or reimbursement of costs. (22.12.1995/1651)

Delivery fees are: Fee, copy fee And Licence fee. Delivery fees shall be charged for the different order books to be issued.

ARTICLE 3 (2002/1024)
Trial fee

For the purposes of the dispute, criminal, submission and appeal proceedings, the additional appeal proceedings and administrative law shall also apply to the handling of other judicial proceedings Legal fees As follows:

The court Euro
Supreme Court
-criminal case 113
-other matter 226
Supreme Administrative Court 226
Court of appeal
-criminal case 90
-other matter 182
Administrative law 90
District court
-criminal proceedings and appeal proceedings in accordance with the repo 80
-resolved by unilateral judgment, Article 3 of Chapter 5 of the Court of Justice A dispute in accordance with which the information has been submitted directly to the information system of the district court 60
-land law and any other dispute in which the hearing ends
-in writing, 80
-oral preparation 113
-at the hearing delivered by a single Judge, 147
-at the main hearing submitted in full-reading, 182
Market law 226
Working court 226
(21.12.2010/1213)

Where an application for an additional appeal is rejected, where the Supreme Court or the Supreme Administrative Court does not grant an appeal, or where market law is not governed by the law on public procurement (168/2007) , only half of the fee provided for in paragraph 1 shall be collected. (21.12.2010/1213)

If the proceedings end in the district court without giving a challenge other than In Section 6 of Chapter 5 of the Court of Justice; , does not recover the fee provided for in paragraph 1. If a court of appeal or other court proceedings before a court or tribunal of the Court of Appeal shall remain or shall remain unexamined, the court fee shall not be charged to the court concerned. In addition, the fee shall not be charged if an application for an additional appeal is accepted or the substantive questions remain to be referred back to the lower authority or transferred to the competent authority.

Regulation (EC) No 1896/2006 of the European Parliament and of the Council establishing a European order for payment procedure and the European Small Claims Procedure In accordance with the procedure laid down in Regulation (EC) No 861/2007, a fee shall be levied in accordance with the procedure laid down in the dispute. (28.11.2008/755)

§ 3a (21.12.2010/1213)
Derogations from the right of payment in the field of procurement

By way of derogation from Article 3 (3), the law on public procurement and entities operating in the water, energy, transport and postal services sectors (169/2007) In the case of appeal under the scope of application of Article 3 (1) of the Rules of Procedure of the Supreme Administrative Court, if the appeal is removed from treatment without a decision on the main issue, or The appeal is inadmissible.

§ 4
Application fees, delivery charges and settlement fees

Fees for the purposes of Article 3 other than those referred to in Article 3 shall be fixed by the Regulation to the extent of the total average cost to the State resulting from the production of a performance. The calculation of the total cost is regulated by the Regulation.

§ 5
Obligatory

The obligation to pay shall be the initiation of the case or the whereabouts of the case. In the bankruptcy case, the fee shall be charged for the bankruptcy of the bankruptcy. In the case of submission, the person liable is the person whose procedure has been caused. In the case of appeal, the claimant shall be liable for an appeal or for his whereabouts. For other services, the person liable for payment is the subscriber. (4.2.2000/110)

In the case in which the defendant is liable pursuant to the written challenge of the defendant, charges shall be levied on each of the parties individually.

If, at the same time, a number of parties are referred to the case, only one processing fee shall be charged to them. If the court separatematters between the various parties concerned, a separate processing fee shall be charged for each of the cases thus separated.

If two or more persons are liable for payment of the same payment, they shall be jointly and severally liable. The payment exemption for one of the parties does not reduce the obligation for other parties to pay.

ARTICLE 6
Non-payment transactions

Processing fees under this Act shall not be charged:

Paragraph 1 has been repealed by L 2.8.1994/714 .

(2) insurance rights;

(3) the Supreme Court on matters relating to an appeal against the decision of the right of insurance;

(4) by the Supreme Administrative Court and administrative court in matters relating to social matters, public service contracts or elections, or administrative law, taxation, municipal tax exemption, state aid or public contributions; In matters of concern; (2001/1546)

(4a) the law on the working court (646/1974) In the areas covered by paragraph 3; (26.1.2001)

(5) market law, consumer protection (38/1978) In accordance with the provisions of (2001/1546)

(6) the prosecutor's time in criminal matters in the first instance; (13/05/452)

(6a) the criminal proceedings before the Court of Appeal, if the decision of the lower court is amended to the benefit of the appellant; (22.12.1995/1651)

(6b) disciplinary matters; (22.12.1995/1651)

(7) the execution of a prison sentence or the fine in matters relating to the conversion of the fine;

(8) in cases of unjustly imprisoned or convicted State resources;

(9) in matters relating to the enforcement of the tax or the public contribution;

(10) public access to justice; (30.3.2007)

(11) the law on the debt regime of a private person (57/93) In accordance with the provisions of

(11a) in the case of rural business support, which relate to the payment of credit, the voluntary debt arrangement or the withdrawal of the State guarantee requirement; (31.1.2015)

12) foreign law (378/91) In accordance with the provisions of

(13) Under the law of the small businessman (408/77) , and not the agricultural holding law (2) In accordance with the provisions of

14) on housing assistance, maintenance of maintenance, infectious disease (583/86) , the law on mental health (1316/90) , in matters relating to population accounts and in Article 3a of the Employment Services Act, and (18/07/87) In respect of employment aid granted to the unemployed person;

(15) the (1080/91) And not a defence accounting (1083/91) In accordance with the provisions of

(15a) Araval (189/1993) , the law on the use, transfer and redeematolling of leased houses and caravan leased houses (1190/1993) , the Law on the improvement of housing conditions in the gypsy population (79/1975) , rental of mortgage loans and loans on housing loans (44/2001) And the Law on the interest subsidy on mortgage loans (204/1993) In the administrative court; (2001/1546)

(15b) Civil service law (1446/2007) , except in criminal cases where charges are levied, subject to paragraphs 6 and 6a; (28/122007/1459)

(15c) the retirement pension law (1) And the Law on Generational Change Pensions (1317/90) In accordance with the provisions of (22.12.1995/1651)

16) Legal Aid Law (257/2002) In matters relating to the granting of legal aid, and not in the case of the fee payable to the lawyer and the payment of expenses; (5.4.2002)

(17) internal or administrative matters of the authority;

(18) in matters relating to the oath or the issuing of an oath;

(19) the prohibition or suspension of implementation; (22.12.1995/1651)

(20) in cases where the court in the rest of the country is free of charge; (29.06.2001)

21) in the case of appeal in accordance with Article 10; (29.06.2001)

(22) the law on the restraining order (188/1998) , the national implementation of the provisions of the Directive of the European Parliament and of the Council on the European protection order and the law implementing the Directive (186/2015) And the Act on the application of the Regulation of the European Parliament and of the Council on the mutual recognition of protection measures in civil matters (107/2015) Of the European Union; (20.3.2015)

(22a) the law on the treatment of persons kept by the police (841/2006) Chapter 17 In the case of appeal; and (29.9.2006/852)

23), (767/2005) And pre-trial detention (768/2005) In the case of a complaint. (23.9.2005)

A regulation by the Ministry of Justice may also provide for exemptions from the obligation to make payments if there are important reasons for it. (2001/1546)

Foreigns 378/1991 Has been repealed by the Foreign Affairs 301/2004 , L for a small businessman from a goat carcass 408/1977 Has been repealed by L, repealing the Law on the Small Business Act 1034/1999 , L for a farmer's holiday service 2/1985 Has been abrogated with the LMOs' holiday service L 1231/1996 , Employment A 737/1987 Has been repealed by Employment A 130/1993 , see Employment A 1363/1997 And Capacity 1080/1991 Has been repealed by Capacity L 1552/2011 .

§ 7
Free payment of payment

The payments under this Act shall be free of charge:

(1) the administrative authorities of the Ministry of Justice and the police, pre-trial, prosecuting and enforcement authorities; (22.12.1995/1651)

(2) safety authorities in matters relating to employment protection;

(3) the environmental and health authorities of the State and the municipality, in the performance of their duties, as laid down in the law, and the authorities of the State and of the municipality in the performance of their waters; (264/1961) The control function prescribed; (5.2.1999/153)

(4) social welfare authorities in matters relating to a social or guardianship or a restraining order; (22.10.1999/964)

(4a) the law on guardiantes (442/1999) The authorities referred to in paragraphs 2 and 3 in respect of matters relating to the guardianment; (22.10.1999/964)

(5) foreign authorities, citizens and legal persons, as well as international institutions on matters covered by the application of international legal assistance or enforcement agreements and regulations;

(6) the parties concerned in cases where they are exempt from payment by the law of the authority's measures or supply books;

(7) an appropriately proven person in the case of his or her interests and rights;

(7a) in the case of an appeal, if the district court amends the decision of the Ottoman in the interests of the appellant; (22.11.1996/82)

(8) in the case of an appeal, if the right to amend the decision of the Lower Authority to the benefit of the appellant is amended by the right of appeal; and (22.11.1996/82)

(9) the Supreme Administrative Board of Appeal, if the administrative court amends the tax or public payment decision in favour of the lower authority than the central tax authority. (22.11.1996/82)

In addition, the Regulation provides for exemption from the obligation to pay if there are important reasons.

Where recovery of the charge would be disproportionate, the relevant authority or a determining official may, in an individual case, order the payment of the fee.

The rights of the administration have been conferred on the Court of Justice. See: Administrative law L 430/1999 . Water L 264/1961 Has been repealed by the Water L 587/2011 .

§ 8
Recovery of charges

Payments shall be made after completion of the performance, unless otherwise provided. The Regulation may provide for the time during which payment is to be made and the collection of advance payments. (22.12.1995/1651)

The purpose of the Regulation is to provide for the recovery of interest on late payment and collection costs. The Regulation may provide for a fixed fee to be charged for late payment and recovery costs.

The non-recovery of minor claims may be laid down by a regulation.

§ 9
Payment prescribing

The amount of the fee shall be determined by the author, the rapporteur, the accounting officer, the supplier of the supply book or any other official assigned to the task.

The error found in the determination of the payment may be corrected in accordance with the administrative law (13,8/82) Provides for the correction of an error and a clerical error.

Administrative procedure L 598/1982 Has been repealed by L 434/2003 . See. Management L 434/2003 8 .

ARTICLE 10
Appeals against payment

A person liable for payment, which considers that there has been an error in the imposition of a payment, may require an adjustment to be made from the official or the authority of destination of the payment within six months of the imposition of the charge. The decision on the adjustment requirement may be lodged by the appeal against the administrative court which is located in the jurisdiction of the authority in question. The time of appeal shall be thirty days from the date on which the appellant has been informed of the decision on the appeal. The decision of the Administrative Court must not be appealed against. (2001/1546)

The solution referred to in Article 7 (3) shall not require an adjustment or an appeal.

ARTICLE 11 (9.11.2001/974)
Verification of payments

The amount of the fees provided for in Article 3 shall be adjusted for a three-year period by a Decree of the Council of Ministers for a change in the value of money. The amounts of the charges shall be rounded to the nearest euro.

ARTICLE 12
Outreach eligibility

The charges and reimbursement of costs provided for in this Act or by a regulation adopted pursuant to this Act may be collected without judgment or decision in the order in which the tax and contributions are levied by the law on the enforcement of taxes and charges (2006) Provides.

L-enforcement of taxes and charges 367/1961 Has been repealed by L for the implementation of taxes and charges 706/2007 .

ARTICLE 13
More detailed provisions

More detailed provisions on charges and the enforcement of the law are laid down by a regulation.

ARTICLE 14
Entry into force

This Act shall enter into force on 1 September 1993.

This Act repeals the Law of 13 March 1987 laying down the criteria for the fees to be charged to the general public, the magistrates and the public notary. (255/87) . However, the repealed Law and the Regulations adopted pursuant to it shall apply until 1 December 1993, in the case of the Magistrates, the public notary and the general law, with the exception of the proceedings initiated under the procedure for the new dispute, To which this law applies.

Proceedings brought before the entry into force of this Act before the entry into force of this Act shall be subject to a processing fee equal to the amount of the charge levied or the stamp duty applicable prior to the entry into force of this Act. , in accordance with the provisions. Similarly, a fee shall be charged for the supply books ordered before the law enters into force.

THEY 241/92 , VaVM 25/93

Entry into force and application of amending acts:

2.8.1994/714:

THEY 143/93 , LaVM 11/94

22.12.1995/1651:

This Act shall enter into force on 1 March 1996.

Proceedings before the entry into force of this Act before the entry into force of this Act shall be subject to a fee not exceeding the amount of the charge levied in respect of which the charge would have been applicable prior to the entry into force of this Act. According to regulations. Similarly, a fee shall be charged for the supply books ordered before the law enters into force.

THEY 108/95 , LaVM 11/95, EV 129/95

22.11.1996/86:

This Act shall enter into force on 1 December 1996.

THEY 182/1996 , LaVM 12/1996, EV 153/1996

4.12.1998/99:

This Act shall enter into force on 1 January 1999.

THEY 41/1998 , LaVM 11/1998, EV 134/1998

5.2.1999/15:

This Act shall enter into force on 1 January 2000.

THEY 101/1998 , YmVM 6/1998, EV 248/1998

22.10.1999/964:

This Act shall enter into force on 1 December 1999.

THEY 45/1999 , LaVM 3/1999, EV 29/1999

4.2.2000/110:

The entry into force of this Act shall be regulated by law.

THEY 84/1999 , YmVM 4/1999, LaVL 15/1999, HVL 11/1999, MmVL 18/1999, EV 100/1999

26.1.2001:

This Act shall enter into force on 1 June 2001.

THEY 157/2000 , TyVM 13/2000 EV 215/2000

29.6.2001/582:

This Act shall enter into force on 1 August 2001.

THEY 13/2001 , LaVM 12/2001, EV 68/2001

9.11.2001/974:

This Act shall enter into force on 1 January 2002.

Before the law enters into force, measures may be taken to implement the law.

THEY 103/2001 , LaVM 19/2001, EV 119/2001

28.12.2001/1546:

This Act shall enter into force on 1 March 2002.

Before the law enters into force, measures may be taken to implement the law.

THEY 105/2001 , LaVM 23/2001, EV 191/2001

5.4.2002/269:

This Act shall enter into force on 1 June 2002.

THEY 82/2001 LaVM 22/2001, EV 182/2001

3.12.2002/1024

This Act shall enter into force on 1 January 2003.

Proceedings before the entry into force of this Act before the date of entry into force of this Act shall be subject to a fee not exceeding the amount of the charge levied in respect of which the payment was made before the entry into force of this Act. According to regulations. Similarly, a fee shall be charged for the supply books ordered before the law enters into force.

Before the law enters into force, measures may be taken to implement the law.

THEY 119/2002 , LaVM 16/2002, EV 119/2002

23.9.2005/77:

This Act shall enter into force on 1 October 2006.

THEY 263/2004 , LaVM 10/2005, PLN 20/2005 EV 98/2005

29.9.2006/852:

This Act shall enter into force on 1 October 2006.

THEY 90/2005 , HaVM 14/2006, EV 94/2006

30.3.2007/375:

This Act shall enter into force on 1 October 2007.

THEY 13/2006 , LaVM 24/2006, EV 269/2006

28.12.2007/1459:

This Act shall enter into force on 1 January 2008.

THEY 140/2007 , TyVM 9/2007, EV 132/2007

28.11.2008/755

This Act shall enter into force on 12 December 2008.

THEY 157/2008 , LaVM 14/2008, EV 150/2008, Regulation (EC) No 1896/2006 of the European Parliament and of the Council; OJ L 399; 12.12.2006, Regulation (EC) No 861/2007 of the European Parliament and of the Council; OJ L 199, 11.7.2007

21.12.2010/11:

This Act shall enter into force on 1 January 2011.

At the time of entry into force of this Act, a fee shall be charged in accordance with the provisions in force at the time of entry into force of the law.

Before the law enters into force, measures may be taken to implement it.

THEY 143/2010 , LaVM 24/2010, EV 208/2010

13.5.2011/45:

This Act shall enter into force on 17 May 2011.

THEY 286/2010 , LaVM 34/2010, EV 311/2010

31.1.2014/101:

The entry into force of this Act shall be regulated by law.

L 101/2014 Enters into force on 1 September 2014 75/2014 In accordance with

THEY 121/2013 , MmVM 17/2013, EV 186/2013

20.3.2015/233:

This Act shall enter into force on 24 March 2015.

THEY 262/2014 , LaVM 22/2014, EV 281/2014