Payment of the state fee when applying to the court of several persons, if one of them is exempt from its payment
In accordance with the requirements of the tax legislation, the state duty is paid by the payer. In the event that several payers who are not entitled to the benefits established by law have applied for a legally significant action at the same time, the state fee is paid by the payers in equal shares. If, among the persons who applied for a legally significant action, one person (several persons) is released (released) The amount of the state duty is reduced in proportion to the number of persons exempt from paying it. In this case, the remaining part of the amount of the state fee is paid by the person(s) who are not exempt from paying the state fee. For example, if 3 persons apply to the court with property claims, the amount of the state fee for which is 300,000 tenge, and one of them is a disabled person of the 2nd group, exempt from paying the state fee, the amount of the state fee will be 200,000 tenge, which must be paid by the remaining persons (200,000 3 x 2). At the same time, courts should take into account that the above applies to cases where several persons present a joint claim (in particular, several owners to claim property from someone else's illegal possession). If independent claims are made by the co-plaintiffs (for example, for compensation of material damage to several victims of a traffic accident), the state fee is paid by each of the plaintiffs, based on the amount of their claims.
In such a case, the exemption of one of the co-plaintiffs from paying the state fee does not entail a reduction in the amount of the state fee payable by the other plaintiffs. The same principle applies in the case of several persons applying to the court with claims of a non-property nature: a joint claim of a non-property nature is paid by persons who are not exempt from paying state duty in an amount reduced by the share of the person with benefits; independent claims are paid by each of the plaintiffs who do not have benefits, in the amount prescribed by law. For example, according to the claim of J., T., S. to G., B. on the allocation of a share in monetary terms, two of the three plaintiffs paid a state fee of 21,100 tenge – 1% of the required amount, the third plaintiff was exempt from payment as a disabled person who provided the court with a supporting document. Each plaintiff asked to recover 2,101,280 tenge from the defendants in favor of each. Thus, the plaintiffs paid a state fee in the amount of 1% of the claimed amount. A state fee was collected from the defendant to the state income for B., who was exempt from paying it by virtue of the law.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
