Comments to 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 shall 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.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.When concluding a settlement agreement, agreements on the settlement of a dispute (conflict) by way of mediation or agreements on the settlement of a dispute by way of a participatory procedure in a court of cassation instance are subject to refund from the budget of the state fee paid in the amount of fifty percent of the amount paid when applying to the court of cassation instance.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 statement of claim is left without consideration on the grounds provided for in subparagraphs 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.
1. The first part of the commented article contains a clear provision that, when rejecting a claim, the court decides on the allocation of court costs depending on the reason for rejecting the claim.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. Accordingly, without substantiating the rejection of the claim, the plaintiff cannot assert the defendant's guilty behavior, including when the claim is recognized by the defendant in court.The court may also impose the actual legal costs on the plaintiff, who acts unfairly in the process, i.e. who has knowingly filed a baseless claim or systematically opposed the correct and prompt consideration and resolution of the case.
2. Part two of the commented article stipulates that when the parties conclude 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, which are approved by the courts of the first, appellate, cassation instances, the state fee in the amount paid is subject to refund 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 a statement of claim is left without consideration in cases where the plaintiff, who did not request a hearing in his absence, did not appear in court on a second summons and when the plaintiff filed an application for the return of the statement of claim (subparagraphs 6), 8) of Article 279 of the CPC), the court costs incurred by the plaintiff shall not be reimbursed by the defendant. On the contrary, the plaintiff reimburses the defendant for the legal costs incurred by him in connection with the conduct of the case. A separate definition is not required.
LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN
Astana, 2016
UDC 347 (574)
By 63
ISBN 978-601-236-042-4
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