Increase in the amount of claims the consideration of the case regarding the increased claims continues after the plaintiff provides proof of payment of the state fee within the time limit set by the court.
According to Part 3 of Article 105 of the CPC, when the amount of claims increases, the consideration of the case regarding the increased claims continues after the plaintiff provides proof of payment of the state fee within the time limit set by the court. In case of failure to submit a document on payment of the state fee, the case is considered and resolved within the limits of the initially stated requirements, with an indication of this in the court decision. The application for an increase in claims is returned to the plaintiff without consideration. Arguments about disagreement with the court's conclusions on the issue of additional payment of the state fee may be included in the appeal. For example, according to the claim of IP K., "M.K." to LLP "Ts" for the recovery of the amount of debt and penalties, the claim for the recovery of penalties in the amount of 262,635 tenge was increased. In this regard, the receipt dated March 27, 2017 made an additional payment of the state fee in the amount of 2,627 tenge, after which the claim was considered taking into account the increase in the stated requirements. An analysis of the cases studied indicates that some judges accept and consider applications for an increase in the claim, while the state fee is not paid by the parties. For example, K. filed a lawsuit against JSC "E" for declaring the bank loan agreement partially invalid and collecting an overpaid amount in the amount of 124,938 tenge. Based on these claims, the plaintiff paid the state fee.
During the trial, the plaintiff increased the claims and claimed not 124,938 tenge, but 153,333 tenge. At the same time, the state fee for the increased amount was not paid. In this case, the court of first instance should not have accepted and considered the application for an increase in claims. Meanwhile, the court considered the case on its merits, the amount of 153,333 tenge was recovered, and the missing state fee in the amount of 303 tenge was recovered from the plaintiff to the state revenue. In another case, a citizen appealed to the court against the actions of the bailiff. During the consideration of the case, he 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 - 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. In the case concerning the application of L. to D., U. on the establishment of the fact of separation of spouses, the recognition of property as individual property and the release of property from seizure, the state fee was paid as a non-property claim. During the preparation of the case for trial, at a preliminary hearing, the plaintiff's side was asked to assess the property and pay 1% of the value of the sought part, however, the plaintiff insisted that the specified non-property requirement, payment of a state fee in the amount of 50% of 1 MCI is sufficient. By the ruling of the Kostanay City Court dated April 13, 2016, the claim regarding the property was left without consideration, and the rest of the claims were decided on the merits. The Appellate Judicial Board left the court's ruling unchanged. Given the ambiguous practice on this issue, we consider it necessary to make an addition to the NP explaining the return of the statement of claim or its abandonment due to incomplete payment of the state fee in accordance with Part 3 of Article 105 of the CPC.
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