If the amount of the claims increases, the consideration of the case regarding the increased claims continues after the plaintiff submits evidence of payment of the state fee within the time limit set by the court.
In some cases, the plaintiffs' abuse of rights is seen in the form of tax evasion. Despite the filing of an actual new claim, which the courts unreasonably regarded as an increase in claims, and in violation of the third part of Article 105 of the CPC, the cases were considered without payment of the state fee. The Taraz City Court of the Zhambyl region accepted the demands increased during the court session and ruled without payment of the state fee in the case of the claim of G. et al. to K. on the division of hereditary property and allocation of the heir's share in the form of monetary compensation. The state fee was paid 11 days after the court's decision. The Karaganda Regional Court accepted applications for an increase in claims without additional payment of state duty, and only after considering the case on the merits was the issue of court costs resolved when making a decision with additional state duty from the losing side.
If the amount of the claims increases, the consideration of the case regarding the increased claims continues after the plaintiff submits evidence of payment of the state fee within the time limit set by the court.
The courts motivated their actions by referring to the second part of Article 105 of the CPC, which regulates other issues, such as the additional payment of state duty when determining the price of a claim by the court. For example, D. appealed to the court against the actions of the bailiff. During the consideration of the case, D. actually presented new claims of a property and non-property nature - he asked the court, in addition to recognizing the bailiff's actions as illegal, to recover the cost of air tickets in the amount of 79,988 tenge, to compensate for moral damage in the amount of 1,200,000 tenge. The court accepted D.'s statement. how to increase claims without paying the state fee. By the decision of the district court No. 2 of the Kazybekbiysky district of the city of Karaganda, D.'s complaint to a private bailiff regarding the recognition of actions as illegal was denied. The state duty in the amount of 1,861 tenge has been transferred to the state income from Dovzysk village. The courts of the North Kazakhstan region also accept applications for an increase in claims without payment of state duty. Such actions are motivated by the goal of a quick and complete review of the requirements.
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