Application to the Saryarkinsky District Court for the refund of the paid state fee

 

 

Saryarkinsky District Court of Astana

43/1 Zheltoksan str., Astana, 010000

8 (7172) 71-04-95.

from the Plaintiffs: A.A.E.

IIN .

A.E.

IIN .

+7 701 .

Representative by proxy:

Law and Law Law Firm

BIN 201240021767

79 Abylai Khan Ave., office 304, Almaty.

info@zakonpravo.kz / www.zakonpravo.kz

+ 7 727 578 57 58; +7 708 578 57 58.

Statement

about the refund of the paid state fee

On 22.11.2022, we filed a lawsuit with the Saryarkinsky District Court of Astana for compensation of material damage and expenses in connection with the seizure of a land plot from the Akimat of Astana for state needs in favor of A.A.Ye. the amount for material damage caused in the amount of 64,212,482 (sixty-four million two hundred twelve thousand four hundred eighty-two) tenge, as well as to collect the costs of paying the state duty in the amount of 642,125 (six hundred forty two thousand one hundred twenty-five) tenge, since the state duty in accordance with Article 610 of the Tax Code is mandatory a payment levied in civil cases for claims submitted to the court.

The specified Claim was left without registration on the basis of the application submitted by us. The application for leaving without registration was submitted due to the fact that the state fee was not paid correctly.

In accordance with Articles 108 of the Code of the Republic of Kazakhstan. On taxes and other mandatory payments to the budget (Tax Code) "Specifics of the refund of state duty amounts paid" as well as the Regulatory Decree of the Supreme Court of the Republic of Kazakhstan dated December 25, 2006 No. 9 On the application by Courts of the Republic of Kazakhstan of legislation on court costs in civil cases, Article 107, CPC RK "Refund of State duty" – the amount of the state fee paid is subject to refund in part or in full in the following cases: return of a claim or other statement (complaint) or refusal to accept it, Termination of proceedings or abandonment of the claim without consideration if the case is not subject to consideration in court, as well as if the plaintiff has not complied with the procedure established for this category of cases preliminary dispute resolution.

On the grounds of the above and in accordance with art. 108 of the Tax Code, 107, CPC RK,

I ask the court:

To refund the costs of paying the state duty in the amount of 642,125 (six hundred forty-two thousand one hundred twenty-five) tenge according to the claim of A.A.E. for compensation of material damage and expenses in connection with the seizure of a land plot from the Akimat of Astana for state needs;

To issue an appropriate judicial act on the refund of the paid State duty to A.E. in the amount of 642,125 (six hundred forty-two thousand one hundred twenty-five) tenge.

With respect,

Lawyer:                                                                                                                                              Sarzhanov G.T.

 

 

 

 

 

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