Law office for civil cases
In accordance with subparagraph 11) of Part 1 of Article 104 of the CPC, in claims for ownership of immovable property, the price of the claim is determined by the market value of such objects at their locations on the day the claim is filed. This right, established by the CPC in relation to immovable property, should also be applied to movable property, as follows from paragraph 10 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan "On the application by courts of the Republic of Kazakhstan of legislation on court costs in civil cases" dated December 25, 2006 No. 9. The generalization showed that when filing a claim for recognition of ownership rights due to the statute of limitations, the plaintiffs pay a state fee based on the market value of the property, which is determined on the basis of the assessment provided by the plaintiff. At the same time, there are individual examples when a claim is accepted upon payment of a state fee in the amount of 0.5 monthly calculation index (the case of K.'s claim, Maktaaralsky District Court of Turkestan region). In this case, despite the existence of an assessment act, on the basis of which the state fee was 8,650 tenge, the claim was accepted with payment of the state fee in the amount of 1,202 tenge. Similarly, as for a non-property claim, the state fee was paid when filing a claim. (Turksib District Court of Almaty).
Law office for civil cases
Courts should keep in mind that the market value of property is determined at the time of filing a claim, however, there are facts of determining the price of a claim based on valuation certificates drawn up several years before the claim (the case of L.'s claim against the akim of the city of Shu, Zhambyl region). During the generalization, the question arose about the application of Article 109 of the CPC, according to which the party in whose favor the decision was made, the court awards, on the other hand, all court costs incurred in the case. In the case of the claim of S. The Kurmangaziysky district court of Atyrau region collected court costs for the payment of state duty in the amount of 12,090 tenge from akim of Akkol rural district. Meanwhile, a claim for recognition of ownership rights by virtue of the statute of limitations is not a consequence of a violation of the rights and legitimate interests of the prescription owner by persons involved as defendants, therefore, when deciding to satisfy the claim, the plaintiff's court costs should not be imposed on such defendants by analogy with the rules established by the second sentence of the second paragraph of part 1 of Article 115. GPC.
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