Comments on Article 111. Payment of sums to witnesses, experts, specialists and translators of the Civil Procedure Code of the Republic of Kazakhstan
1. The amounts due to witnesses, experts and specialists shall be paid by the court from an account opened in accordance with the budgetary legislation of the Republic of Kazakhstan upon the performance of their duties.
2. The amounts due to translators shall be paid at the expense of the national budget in accordance with the procedure determined by the Government of the Republic of Kazakhstan.
1. The relevant party to the case who has submitted a request to summon witnesses, an expert, a specialist, as well as to conduct an expert examination, must deposit the necessary amount, as determined by the court, into an account opened in accordance with budgetary legislation. The preliminary payment to the specified account of the amount to be paid to experts and specialists for the work performed provides for the payment of remuneration based on the applicable remuneration standards for the relevant work. Upon the fulfillment by the specified persons of their duties, the amounts due to them are payable by the court from this account, and if the specified persons are military personnel, the court costs are payable only at the request of the military units, and the military personnel themselves are not reimbursed. The expenses specified in Article 108 of the CPC may initially be made at the expense of the budget, with subsequent recovery from the guilty party in favor of the budget. The second part of Article 127 of the CPC, if necessary, provides for notification and summons to court of persons participating in the case by registered mail, notification of its delivery, telephone message or telegram, as well as using other means of communication that ensure the recording of the notification or call. These costs should be attributed to court costs in the form of expenses for notifying and summoning the parties to court, provided for in subparagraph 6) of Article 108 of the CPC.
2. Part two of the commented article establishes that the amounts due to translators are paid from the republican budget in accordance with the procedure determined by the Government of the Republic of Kazakhstan.
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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