Payment of the state duty on consumer protection disputes
Claims on consumer rights protection disputes brought by public consumer associations, associations (unions) in the interests of consumers for consideration in court are not subject to state duty (subparagraph 11) of Article 616 of the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (the Tax Code – hereinafter referred to as the NC), Article 42 of the Law). Consumers who independently apply to the court with a claim for restoration of violated rights are not exempt from paying state duty. At the same time, Part 3 of Article 106 of the CPC provides for the obligation of the court to defer payment of state duty on consumer protection claims filed by a citizen by issuing an appropriate ruling. The generalization showed that the specified CPC norm is actively applied only by the courts of the Mangystau region - consumer protection claims filed by individuals are accepted without payment of state duty, in accordance with part 3 of Article 106 of the CPC, with the application of deferred payment of state duty, by issuing an appropriate ruling. When making a decision on the merits of the dispute, the court shall recover the costs associated with the payment of the state fee from the losing party. A number of courts have had a question about the application of this rule – whether the issuance of the specified ruling on the postponement of payment of the state fee is the duty of the court, regardless of the plaintiff's position, or whether it is made on the basis of the plaintiff's statement, We believe that from the literal interpretation of part 3 of Article 106 of the CPC, it follows that the specified ruling should be issued by the court regardless of whether the plaintiff reports this in the event that the state fee is not paid when filing a claim. If the plaintiff – consumer has paid the state fee when filing a claim, then the costs of its payment are distributed in a general manner, from the losing side, when making a decision.
Payment of the state duty on consumer protection disputes
For non–property claims, a state duty rate of 0.5 MCI is provided for the consumer, for example, upon request for termination of the contract; for monetary recovery of compensation for moral damage - 0.5 MCI; for recovery of the amount paid for goods (services, works), penalties, - 1 percent of the amount of the claim (subparagraph 1) part 1 of Article 610 of the Tax Code). An analysis of the correctness of the payment of the state fee when filing claims in the generalized category of cases showed that, in general, consumer plaintiffs pay the state fee in accordance with the above standards and subsequently the court costs are correctly distributed by the court. However, there are isolated cases when the issue of reimbursement of court costs has not been resolved by the court. This is the situation, for example, in the civil case against M. to LLP "B", LLP "A" on the gratuitous elimination of defects in the goods, the obligation to extend the warranty period, the recovery of penalties, the amount of transport tax, compensation for moral damage. The Ust-Kamenogorsk City Court, when collecting court costs related to the payment of the state fee from the defendant, was guided by Article 117 of the CPC, that is, it collected the state fee from the defendant to the state revenue, indicating that the plaintiff was legally exempt from paying the state fee. At the same time, in the lawsuit, the plaintiff's representative requested to delay payment of the state fee in accordance with Article 106 of the CPC due to the impossibility of its payment. However, the court did not issue a corresponding ruling on the postponement of payment of the state fee. Thus, an incorrect application of the rules of procedural law was allowed when resolving the issue of court costs related to the payment of state fees. Another example: the claim of A. The decision of the Abai District Court of South Kazakhstan region dated February 9, 2017 on the recovery of the cost of the corrective device in the amount of 2,600 tenge was also accepted into court proceedings in the absence of a document on payment of the state fee. By the ruling of the same court dated March 10, 2017, the proceedings were terminated in connection with the court's acceptance of the plaintiff's waiver of the claim in accordance with subparagraph 4) of Article 277 of the CPC, while the issue of the distribution of court costs was not resolved.
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