Power-of-attorney costs are not automatically reimbursed with an awarded debt. In my promissory-note practice, the court awarded the loan balance, interest, legal-service costs and the court fee, but refused the cost of the power of attorney because it had not been issued for representation in a particular case. This illustrates why authority to represent and reimbursement of its cost need separate assessment.
⚖️ What the Kuntsevsky District Court decided
The disclosed copy identifies Moscow’s Kuntsevsky District Court and Judge L. P. Voronkova. The claimant sought a loan evidenced by a signed receipt, interest and litigation costs. The court found that money had been transferred and no repayment evidence supplied; the receipt’s signature was not disputed. Its reasons identify a legal-services contract with individual entrepreneur P. I. Petrov and payment evidence.
| Claim | Result in the disclosed copy |
|---|---|
| Loan | Outstanding debt awarded |
| Interest | Interest for use of another person’s funds awarded |
| Legal services | Costs awarded |
| Court fee | Costs awarded |
| Power of attorney | Refused: not issued for representation in a particular case |
| Moral damages | Refused; the judgment’s reasoning is not a universal conclusion for every other dispute |
The parties’ names, amounts and loan dates are redacted. Page one simultaneously gives 16 May 2017 and case 2-2298/18. This is a source inconsistency; the year is not corrected without evidence.
The operative part allows the claim in part. Recovery of the loan and certain costs does not mean every requested item was awarded. The disclosed materials do not establish exact sums, an appeal outcome or actual payment.
⚖️ Why the power-of-attorney cost was refused
My note of 10 June 2020 explained that a general-purpose text was used instead of the proposed wording for a specific proceeding. It permitted representation in different courts and several matters. The judgment confirms the refusal ground: the document was not issued for a particular case. The drafting history comes from my note, rather than a separately published notarial record.
My assessment remains that the refusal on this item was understandable. Before preparation, discuss both adequate representative authority and whether its cost is intended to be claimed in this specific proceeding. A general-purpose document is not thereby described as invalid: reimbursement and authority are different issues.
⚖️ Supreme Court guidance and current provisions
Paragraph 2 of Supreme Court Plenum Resolution 1 of 21 January 2016 permits treating power-of-attorney preparation as litigation costs where issued for participation in a specific case or a particular hearing in it. Paragraph 10 requires proof of expenditure and its connection to the case. This is not unconditional reimbursement whenever a document exists.
Civil Procedure Code Article 94 describes litigation expenses, including other costs the court finds necessary. Article 98 governs allocation, including applicable rules where claims are partly successful. Appropriate wording is only part of the evidence: payment and connection to the proceeding must also be established.
⚖️ What to check before preparation and a costs claim
| Check | Practical significance |
|---|---|
| Dispute identification | Is the intended proceeding or hearing identifiable? |
| Authority | Are the required powers, including any needed special procedural powers, present? |
| Document purpose | Does it cover many independent matters and actions, making allocation to one dispute difficult? |
| Payment | Evidence of actual expenditure, amount and service |
| Use in the case | Connection to the representative’s involvement and the dispute |
| Application | The item, amount, reasons and supporting documents are separately identified |
This is a preparation checklist, not a universal document template. Limiting a document to a case should not leave the representative without needed powers. Equally, a long list of possible actions does not itself identify the intended proceeding.
⚖️ Preparing the expense claim
- 1. Define the task.
Identify the case and necessary representative powers. - 2. Review wording.
Agree the specific dispute description and required authority before preparation. - 3. Preserve proof.
Keep the document, payment evidence and materials linking it to the case. - 4. Substantiate the expense.
Submit the claim and supporting documents under the applicable procedure.
If a broad document already exists, do not backdate or create records merely to obtain reimbursement. Assess the actual evidence and connection to the proceeding. A replacement power of attorney does not guarantee reimbursement of all replacement costs either.
⚖️ Frequently asked questions
Can power-of-attorney costs be litigation expenses?
They can, under the Plenum’s conditions: a particular case or hearing, proven payment and connection to the proceeding.
Is a general-purpose power of attorney invalid?
Refusing reimbursement is not invalidation. Adequate authority and recovery of its costs are separate questions.
Must the document include an assigned case number?
The guidance refers to a particular case or hearing. The issue is whether the dispute can be identified; checking only for a number is insufficient.
Is a notary’s payment receipt enough?
It proves payment, but does not replace the document’s wording and evidence of connection to this proceeding.
If the debt is fully awarded, are all costs reimbursed?
Not automatically. Each item is assessed separately; this case did not award the power-of-attorney cost.
⚖️ Sources and related practice
Checked: 10 October 2026. The outcome follows the disclosed judgment; the drafting circumstances follow my 10 June 2020 note. The date/case-reference inconsistency is preserved and identified. Original sources are in Russian.
- 📄 Kuntsevsky District Court judgment.
- Supreme Court Plenum Resolution 1, paragraphs 2 and 10.
- Civil Procedure Code Article 94.
- Article 98.
Compare DDU case 2-2659/2019, which separately addressed the costs of a broad power of attorney. It is a different case with its own documents.
This text is for information only and is not legal advice. Document forms are used at your own risk and require review for the specific circumstances. Another proceeding’s outcome does not guarantee yours.