Article 106. Exemption from payment of state duty. Postponement of payment of the state fee of the Civil Procedure Code of the Republic of Kazakhstan
1. The plaintiff's exemption from payment of state duty from a claim filed with the court or the granting of a deferral for payment of state duty is carried out on the grounds provided for by the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code).
2. In the event that the persons referred to in Articles 54 and 55 of this Code refuse to file a claim against them, the plaintiff in whose interests the claim is filed is obliged to pay the state fee in accordance with the general procedure within the time period established by the court, if he insists on considering the claim and is not exempt from paying the state fee. In this case, the court adjourns the case.
In case of non-payment of the state fee, the claim is dismissed and returned to the plaintiff. A private complaint may be filed against the court's ruling, or a motion may be filed by the prosecutor with the court of appeal, whose decision is final.
3. The court on consumer rights protection claims filed by a citizen shall defer payment of the state duty until an appropriate decision is made, on which a ruling is issued. The ruling cannot be appealed or reviewed at the request of the prosecutor. Arguments about disagreement with the ruling may be included in the appeal, the prosecutor's petition. When making a decision, the court awards the costs associated with the payment of the state fee to the party against whom the decision was rendered.
President
Republic of Kazakhstan
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