If the filing of a claim is not caused by the defendant's culpable behavior, then the court costs are borne by the plaintiff if the claim is recognized by the defendant in court.
Citizens whose rights were violated by the opposing side were not required to apply these rules, in some cases possibly due to insufficient legal awareness, despite the participation of representatives in court. By virtue of the first part of Article 115 of the CPC, if the plaintiff refused to maintain his claims due to their voluntary satisfaction by the defendant after filing a claim, the court, at the request of the plaintiff, shall recover from the defendant all court costs incurred. If the filing of a claim is not caused by the defendant's culpable behavior, then the court costs are borne by the plaintiff if the claim is recognized by the defendant in court. The Aktobe City Court recovered court costs from the plaintiff in the case of A. V. S.'s eviction claim, since the filing of the claim was not caused by the defendant's guilty behavior. The plaintiff's claims are motivated by the fact that the apartment building where the defendant's family lives became the property of the plaintiff under the donation agreement.
The defendant provided a review with a copy of the court decision attached, according to which the donation agreement was declared invalid. The Astana City Court indicates the termination of proceedings in 3144 cases, of which 327 cases are in connection with the plaintiff's rejection of the claim due to the voluntary satisfaction of the claims by the defendant after the presentation of the claims. There are no cases of imposing court costs on the plaintiff when the claim is recognized by the defendant in court. By the Talgar District Court of the Almaty region in a civil case in connection with the claim of H. to B. on the recognition of ownership of immovable property with a land plot in a completed (completed) transaction, in which the plaintiff dropped the claim, the incurred court costs were recovered from the plaintiff in favor of the defendant. The absence of examples of the application of the provisions of Article 115 of the CPC on imposing court costs on the plaintiff in the event of a claim without the defendant's guilty conduct was noted by the courts of Akmola, Almaty, West Kazakhstan, Karaganda regions, Almaty City Court.
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