On alimony recovery claims
For alimony claims, the price of the claim is determined by the total payments for the year, which is determined by the court on the basis of information about the defendant's income (for example, a certificate of average earnings, information from the tax committee, etc.). In the absence of documents confirming the defendant's income, the amount of total payments for the year should be determined in accordance with article 99 of the Law Of the Republic of Kazakhstan "On Enforcement proceedings and the status of bailiffs", based on the average monthly salary in the Republic of Kazakhstan at the time of the case consideration. When filing claims for the recovery of alimony in accordance with Article 541 of the Tax Code, plaintiffs are exempt from paying state duties, and therefore, in accordance with paragraph 1 of Article 117 of the CPC, the costs associated with the proceedings are collected from the defendant, who is not exempt from paying court costs, the price of the claim is determined by the totality of payments for one year, based on For the specified amount, a state fee of 1% is charged from the defendant to the state revenue when making a decision, and 0.5% when making a court order. For example, M. filed a lawsuit against K. on the recovery of alimony for the maintenance of a minor daughter. The plaintiff, in accordance with Article 541 of the Tax Code, is exempt from paying state duty. When deciding on the satisfaction of the claim, the court, guided by part 1 of Article 117 of the CPC, collected from the defendant a state fee in the amount of 4,639 tenge from the local budget, determining the price of the claim as follows. In the case under consideration, information on the amount of wages by the defendant was not provided to the court, therefore, the amount of cumulative payments for the year was determined by the court in accordance with Article 99 of the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the Status of Bailiffs" from the average monthly salary in the Republic of Kazakhstan at the time of the case.
On alimony recovery claims
According to statistics, as of the day of the case review, the average monthly salary in the Republic of Kazakhstan amounted to 154,632 tenge. Consequently, the price of the claim amounted to 463,896 tenge (154,632:4x12), respectively, the amount of the state fee for the claim for the recovery of alimony for the maintenance of a minor child, from which the recoverer is exempt, is 4,639 tenge (154,632 tenge : 4 x 12 x 1%) tenge. The generalization showed that courts often have difficulties calculating the amount of the state fee for such disputes due to the lack of the average monthly salary of an employee. In this regard, the courts are forced to apply to the regional structural divisions of the Committee on Statistics of the Ministry of National Economy with a request for information on the average monthly salary, the amount of which changes quarterly, as a rule, in the direction of increase. At the same time, the courts note the late submission of this information by the specified state agency. There are cases of incorrect calculation by the courts of the state fee based on the certificate provided by the defendant, as well as in the reasoning part of the decision, the courts do not always indicate the procedure for calculating it. For example, by the decision of the specialized inter-district Juvenile Court of Astana dated March 24, 2017, a state duty in the amount of 4,236 tenge was collected from E. to the state revenue. At the same time, the calculation of the state fee is not given in the reasoning part of the decision. It is impossible to determine from what information about the defendant's income the court proceeded when determining the amount of court costs. In practice, there is a question about the amount of the state fee to be paid from claims for reduction of the amount of alimony or for exemption from payment of alimony. In particular, when submitting applications, some plaintiffs pay the state fee as for property claims, while others do not pay the state fee, referring to the provisions of Article 541 (4) of the Tax Code on exemption from payment for alimony claims. Taking into account the opinion of the regional courts, we consider it necessary to clarify that state duty is paid from claims of this category as from property claims, by analogy with subparagraph 5) of part 1 of Article 104 of the CPC. In this regard, this issue requires an appropriate explanation in the NP.
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