Recovery of State Duty in Administrative Claims
Plaintiffs in claims challenging the actions (inaction) of bailiffs are exempt from paying state duty when filing a claim with the court in accordance with subparagraph 15) of Article 616 of the Code of the Republic of Kazakhstan “On Taxes and Other Mandatory Payments to the Budget”.
According to Part 1 of Article 122 of the Administrative Procedural and Process-Related Code (APPC), issues concerning the allocation of legal costs are considered under the rules of the Civil Procedure Code (CPC).
Pursuant to Part 1 of Article 117 of the CPC, the state duty from which the plaintiff was exempt, as well as litigation expenses related to the proceedings, shall be recovered from the defendant who is not exempt from payment of court expenses, in favor of the state, either in full or proportionally to the satisfied part of the claim.
If the claim is satisfied, the state duty shall be recovered from the bailiff to the local budget proportionally to the satisfied part of the claim.
The rate of state duty is calculated in accordance with subparagraph 8) of paragraph 1 of Article 610 of the Code of the Republic of Kazakhstan “On Taxes and Other Mandatory Payments to the Budget” (0.5 MCI).
According to paragraph 3 of Article 76 of the Constitution of the Republic of Kazakhstan, judicial acts that have entered into legal force are binding on all state bodies, local self-government bodies, legal entities, officials, and citizens, and are subject to execution throughout the territory of the Republic of Kazakhstan.
The purpose of enforcement proceedings is to ensure the actual restoration of violated or disputed rights or legally protected interests.
Challenging the actions (inaction) of a bailiff constitutes a form of judicial control in enforcement proceedings, the purpose of which is to protect the rights and interests of the parties to enforcement proceedings.
The main regulatory legal acts governing issues of enforcement proceedings are:
- Constitution of the Republic of Kazakhstan;
- APPC;
- Civil Code (CC);
- CPC;
- Law on Enforcement Proceedings;
- Law of the Republic of Kazakhstan “On Valuation Activities in the Republic of Kazakhstan”;
- Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 1 dated March 31, 2017 “On the Application by Courts of Certain Provisions of Legislation on Enforcement Proceedings”;
- Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 12 dated December 19, 2003 “On Liability for Non-Execution of Judicial Acts”;
- Rules approved by Order No. 100 of the Minister of Justice of the Republic of Kazakhstan dated February 20, 2015;
- Resolution of the Government of the Republic of Kazakhstan No. 437 dated May 4, 2014 “On Approval of the Amounts of Remuneration for the Activities of Private Bailiffs”.
Abbreviations Used:
- APPC – Administrative Procedural and Process-Related Code of the Republic of Kazakhstan;
- CPC – Civil Procedure Code of the Republic of Kazakhstan;
- CC – Civil Code of the Republic of Kazakhstan;
- Law of the Republic of Kazakhstan “On Enforcement Proceedings and the Status of Bailiffs” – Law on Enforcement Proceedings;
- RR SC – Regulatory Resolution of the Supreme Court;
- Rules – Rules for the Sale of Seized Property, including through electronic auction bidding;
- AIAS – Automated Information and Analytical System of Judicial Authorities of the Republic of Kazakhstan “Torelik”;
- Judicial Panel for Administrative Cases of the Supreme Court of the Republic of Kazakhstan;
- Judicial Panel or Panel – Judicial Panel for Administrative Cases;
- Specialized Interdistrict Administrative Court (SIAC);
- DoJ – Department(s) of Justice;
- SBI – State Bailiff(s);
- PBI – Private Bailiff(s).
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