Comments to article 116. Reimbursement of court costs to the parties of the Civil Procedure Code of the Republic of Kazakhstan

1. If a claim is refused in whole or in part to persons who, in the cases provided for by this Code, have applied to the court with applications for the protection of the rights, freedoms and legitimate interests of other persons and the state (Articles 54 and 55 of this Code), the defendant shall be reimbursed from budgetary funds for the legal costs incurred by him in full or in proportion to that part of the claims the claim that was denied to the plaintiff.2. If such a claim is satisfied, the court costs shall be reimbursed by the defendant in accordance with the procedure provided for in Chapter 8 of this Code.1. It should be borne in mind that persons who have applied to the court in accordance with the commented article with applications for the protection of the rights, freedoms and legally protected interests of other persons and the state enjoy all procedural rights and bear the procedural duties of the plaintiff, with the exception of the right to conclude a settlement agreement and the obligation to pay court costs. In this regard, if the claim is rejected in whole or in part, the defendant has the right to reimburse the costs incurred by him at the expense of the republican budget. The court costs are reimbursed to the defendant in full or in proportion to the part of the claims denied to the plaintiff.2. If such a claim is satisfied, the court costs shall be reimbursed by the defendant in accordance with the procedure provided for in Chapter 8 of the CPC.

LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

Astana, 2016

UDC 347 (574)  

By 63

ISBN 978-601-236-042-4

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases