Article 138. Apportionment of court costs between the parties

To the party in favor of which the decision was rendered, the court shall award from the other party all court costs incurred in the case, even if this party was exempted from paying court costs to the State revenue.

If the asserted claims are satisfied partially, the sums specified in this Article shall be awarded to the plaintiff in proportion to the amount of the claims satisfied by the court, and to the defendant — in proportion to the part of the asserted claims in which the plaintiff's claims were dismissed.

If the defendant voluntarily meets the claims of the plaintiff after the latter applied to the court, the court costs shall be assigned to the defendant.

If the plaintiff has validly claimed a penalty, but its amount has been reduced by the court, the court costs shall be assigned to the defendant proceeding from a sum of the penalty that would have been subject to recovery without taking into account its reduction.

In case of dismissal either in full or in part of the claims, presented by the State bodies and other authorities exempted from State duty, as well as the organizations in the interests of legal entities and citizens, the State duty shall be charged from the persons, in the interests of whom the claim is filed, in proportion to the part of the asserted claims in which the claims were dismissed.

If the higher instance court changes the existing decision or makes a new decision without transferring the case for a new trial, it shall change the apportionment of court costs accordingly.

The provisions set forth in this Article shall also apply to the state duty paid by the parties when filing appellate, cassation, and supervisory complaints.