Comments on article 110. Amounts payable to experts, specialists, witnesses, translators of the Civil Procedure Code of the Republic of Kazakhstan
1. Witnesses, experts, specialists and interpreters shall be reimbursed for travel expenses incurred by them in connection with their appearance in court, rental of premises and daily allowances in the amounts established for persons sent on business trips. The expert and the specialist are also reimbursed for the cost of chemical reagents and other consumables belonging to them, which they spent while performing the assigned work, as well as the fees they paid for the use of equipment and utilities.
2. Employees who are summoned to court as witnesses shall retain their average earnings at their place of work during their absence in connection with their appearance in court. Witnesses who are not in an employment relationship receive compensation for distracting them from their usual activities, taking into account the actual time spent and based on the minimum monthly salary established by law.
3. The work performed is subject to payment, which is not included in the scope of official duties of experts involved on a one-time basis, as well as specialists commissioned by the court. The amount of payment is determined by the court in agreement with the parties and is preliminarily deposited into an account opened in accordance with the procedure established by the budget legislation of the Republic of Kazakhstan by the party that filed the petition.
4. The payment of amounts to witnesses, experts, specialists, as well as payment for the examination by the judicial examination authorities, is made by the party that filed the petition. If the petition is filed by both parties, or the summoning of a witness, the appointment of an expert examination, or the involvement of a specialist are made on the initiative of the court, the required amounts are paid by the parties in equal parts.
5. The amounts to be paid for the examination by the judicial examination body shall be paid to the relevant budget in the form of an advance payment by the party(s) who filed the petition or by the party to whom the court has imposed such an obligation. In the event of non-payment of the amount within the time limits set by the court, the costs associated with the examination shall be imposed by a court decision on the person who did not make (untimely payment), regardless of the results of the consideration of the case in accordance with the second part of Article 109 of this Code.6. The payment of amounts due to experts and specialists in the event that one or both parties are exempt from paying costs is made at the expense of budgetary funds based on the results of consideration of the case on the basis of a court decision. The procedure for payment of amounts due to experts and specialists is determined by the Government of the Republic of Kazakhstan.
1. The commented norm contains a list of expenses incurred by witnesses, experts, specialists and translators in connection with the appearance in court. In addition, the expert and the specialist are provided with compensation for the cost of chemical reagents and other consumables belonging to them, which they spent while performing the assigned work, as well as the fees they paid for the use of equipment and utilities.
2. It follows from the meaning of this article that employees who are summoned to court as witnesses, in addition to compensation for travel, accommodation and daily subsistence allowance, retain their average earnings at their place of work during their actual absence due to court appearance. The expenses incurred must be confirmed by an appropriate payment document, and the time of absence due to attendance at work must be confirmed by a court summons.
3. The commented norm provides for payment for work performed by an expert who is not included in the scope of official duties, engaged on a one-time basis, as well as by a specialist on behalf of the court. The amount of payment is determined by the court in agreement with the parties and is preliminarily deposited into an account opened in accordance with the procedure established by budget legislation by the party that filed the petition.
4. This provision stipulates that the payment of amounts to witnesses, experts, and specialists, as well as payment for the examination by the judicial examination authorities, is made by the party that filed the petition. If the petition is filed by both parties, or the summoning of a witness, the appointment of an expert examination, or the involvement of a specialist are made on the initiative of the court, the required amounts are paid by the parties in equal parts.
5. A preliminary procedure has been established for the payment of amounts for the examination by the judicial examination body, as well as the legal consequences of violations of the established procedure by the party(s) who filed the petition or by the party charged by the court with such an obligation to conduct the examination.6. The payment of amounts due to experts and specialists in the event that one or both parties are exempt from paying costs is made at the expense of budgetary funds based on the results of consideration of the case on the basis of a court decision.
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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