Comments to Article 108. Costs related to the proceedings of the Civil Procedure Code of the Republic of Kazakhstan

The costs associated with the proceedings include:1) amounts to be paid to witnesses, experts and specialists; 2) expenses related to on-site inspection; 3) expenses related to the storage of physical evidence; 4) expenses related to the search for the defendant and (or) the child; 5) expenses related to the publication and announcements of the case;6) expenses upon notification and summons to court of the parties and other persons participating in the case; 7) expenses for the travel of the parties and third parties and the rental of residential premises incurred by them in connection with the appearance in court; 8) expenses for the assistance of a representative;9) other expenses, recognized as reimbursable by the court, including those incurred by the parties in the procedures of mandatory pre-trial dispute settlement upon subsequent appeal to the court.It follows from the meaning of the commented article that the costs associated with the proceedings in the case include the actual costs incurred during the consideration of the civil case and the execution of the judicial act decided on it.:- the payment of amounts to witnesses, experts, specialists, and translators provides for reimbursement of expenses incurred by them in connection with their appearance in court (the cost of travel to and from the place of summoning, the cost of renting housing, per diem, etc.);- experts and specialists, in addition to expenses, are reimbursed for remuneration for work performed that is not included in the scope of their official duties, according to the rules provided for in Articles 110, 111 of the CPC;- payment of expenses related to the storage of material evidence in the case, is carried out according to the rules established by Article 774 of the Civil Code;- payment of expenses related to the publication and announcements of cases on the recognition of a citizen as missing, on the recognition of a lost document as invalid and the restoration of rights under it, on the initiation of bankruptcy proceedings and others in the case of a direct indication in the law, is made by the applicant according to the court ruling.The expenses specified in Article 108 of the CPC are paid at the expense of the budget, with subsequent recovery from the party that did not benefit from the decision.Procedural actions committed on the initiative of the court, which are subject to payment, they are reimbursed at the expense of budgetary funds.

The list of costs in the form of court costs related to the proceedings provided in Article 108 of the CPC is not exhaustive.Other expenses are payable for participation in civil proceedings if they are deemed necessary by a reasoned 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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