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Article 114. Recovery of damages for loss of time of the Civil Procedure Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 114. Recovery of damages for loss of time of the Civil Procedure Code of the Republic of Kazakhstan

     1. At the request of a person participating in the case, on the part of a party who unfairly filed a knowingly unfounded claim or dispute against a well-founded claim (the person knew or should have known) or systematically opposed the correct and prompt consideration and resolution of the case, the court may recover damages for the actual loss of time in favor of another person participating in the case.

     2. The amount of damages is determined by the court, taking into account the specific circumstances, including based on the applicable remuneration standards for the relevant work in the area.

     3. A reasoned claim for damages from the party is filed before the end of the consideration of the case on the merits and is considered by the court simultaneously with the main claim. A document confirming payment of the state duty in accordance with the procedure established by the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code) must be attached to the application for recovery of losses.

 

  

  

President    

Republic of Kazakhstan     

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