Article 115. Distribution of court costs in case of rejection of a claim, a settlement agreement or an agreement on the settlement of a dispute (conflict) by way of mediation, an agreement on the settlement of a dispute by way of a participatory procedure, leaving an application without consideration of the Civil Procedure Code of the Republic of Kazakhstan
1. If the plaintiff rejects the claim, the defendant will not reimburse the court costs incurred by him. The plaintiff reimburses the defendant for the court costs incurred by him in connection with the conduct of the case, including at the stage of pre-trial dispute settlement.
If the plaintiff refuses to maintain his claims as a result of the defendant's voluntary satisfaction of them after filing a claim, the court, at the request of the plaintiff, shall recover from the defendant all court costs incurred. If the filing of a claim is not caused by the defendant's culpable behavior, then the court costs are borne by the plaintiff if the claim is recognized by the defendant in court.
2. When the parties conclude an amicable agreement or an agreement on the settlement of a dispute (conflict) by way of mediation, an agreement on the settlement of a dispute by way of a participatory procedure, which are approved by the courts of the first, appellate instances, the state fee paid in full must be refunded from the budget.
Upon conclusion of a settlement agreement, an agreement on the settlement of a dispute (conflict) through mediation, or an agreement on the settlement of a dispute through a participatory procedure in a court of cassation, the state fee paid in the amount of fifty percent of the amount paid when applying to the court of cassation shall be refunded from the budget.
Other court costs are distributed by the court between the parties in accordance with the terms of the settlement agreement, the agreement on the settlement of the dispute (conflict) by way of mediation or the agreement on the settlement of the dispute by way of a participatory procedure. In the absence of such an indication in the agreements, they are considered mutually repaid.
3. If the claim is dismissed without consideration on the grounds provided for in subitems 6), 8) of Article 279 of this Code, the court costs incurred by the plaintiff shall not be reimbursed by the defendant. In this case, the plaintiff reimburses the defendant for the legal costs incurred by him in connection with the conduct of the case, including at the stage of pre-trial dispute settlement.
President
Republic of Kazakhstan
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