State duty on applications for annulment of an arbitration award submitted to the court

In accordance with subparagraph 10) of paragraph 1 of Article 1 and paragraph 1 of Article 607 of the Tax Code, the state duty is a mandatory payment to the budget.

As a result, the payment of the state duty in the amount established by law is the responsibility of the person who filed a claim (application) with the court.

Exemption from its payment is possible only by virtue of a direct instruction from the law.

According to paragraph 1 of Article 53 of the Law, a petition for the annulment of an arbitration award is filed with the court in accordance with the CPC.

This means that the absence of payment of the state fee, or the non-payment of the state fee in full when applying for a petition, is the basis for its return by the judge from the acceptance stage (subparagraph 3 of paragraph 1 of Article 152 of the CPC).

The parties must observe the requirements for payment of the state fee when applying for the issuance of a writ of execution for arbitration awards made by the arbitration courts of the Republic of Kazakhstan (Chapter 20 of the CPC) and the recognition and enforcement of arbitration awards of foreign arbitrations (Article 501 of the CPC).

The procedure for payment and the amount of the state duty are regulated in the Tax Code.

The rates of state duty are determined in accordance with paragraph 9) of paragraph 1 of Article 610 of the Tax Code, according to which, in cases of annulment of arbitral awards, state duty is levied in the amount of 50 percent of the amount of state duty levied when filing a non-property claim with the court of the Republic of Kazakhstan, and in property disputes - 50 percent of the amount of state duty levied when filing a claim. an application of an immaterial nature to the court of the Republic of Kazakhstan and the amount calculated based on the amount disputed by the applicant.

According to paragraph 2 of Article 610 of the Tax Code, a state fee is charged in the amount of 50 percent of the corresponding state fee rate established in paragraph 1 of this Article for petitions for the review of judicial acts in cassation for rulings on the cancellation of arbitral awards and the issuance of writ of execution. when filing an administrative search, statement of claim (application) for such disputes.

The amount of the state fee when filing a claim (application) in court depends on the status of the plaintiff and the nature of the claim.

It follows from the meaning of these provisions of the law that both when applying to a court of appeal with a request for the annulment of arbitral awards, and when appealing against a judicial act of the appellate instance issued as a result of consideration of a petition for the annulment of arbitration awards, the state duty is paid to the court of cassation in the same amount, that is, 50% of the corresponding state duty rate established in paragraph 1 of Article 610 of the Tax Code when filing a claim for such disputes.

Therefore, when the state fee has not been paid or has not been paid in full, the courts return such petitions.

For example, the arbitration decision of the CHU "Center for Arbitration, Mediation and Coaching "Tore" dated July 23, 2021 satisfied the claim of G.B. Kanatova recognizing the transaction as having taken place and recognizing ownership of movable property.

A.A. Bilyalov applied for the annulment of the arbitration award, paying a state fee in the amount of 730 tenge, based on the rates established when filing a non-property claim.

By the ruling of the judicial board for civil cases of the court of the city of Nur-Sultan dated January 5, 2022, the petition of A.A. Bilyalov was returned due to the payment of the state fee in full.

The court of cassation agreed with such conclusions, leaving the disputed ruling in force.

The plaintiff is an individual who has filed a claim of a property character for recognition of the transaction as having taken place, in connection with which, the applicant, upon applying to the court with a petition for the annulment of the arbitral award, had to pay a state fee based on the rate as for a claim of a material nature.

By the ruling of the Judicial Board for Civil Cases of the Kostanay Regional Court dated July 5, 2022, the petitions of E.O. Simicheva for the cancellation of the decision of the First Economic Arbitration Court dated June 7, 2022 on the claim of "Money to the Population" LLP for debt collection were denied.

Khimicheva E.O. appealed to the court of cassation with a motion to cancel the ruling by paying a state fee in the amount of 3063 tenge, based on the rates for non-property claims.

The cassation instance returned the petition, since the applicant must pay a state fee in the amount of 6,300 tenge for supplies established for property claims.

There are cases when applicants pay the state fee in the manner and in the amounts established by the Tax Code, or are exempt from paying the state fee, due to the direct instructions of the law, but the courts unreasonably return such petitions, thereby creating red tape.

For example, by the decision of the Judicial Board for Civil Cases of the Supreme Court of August 23, 2022, the ruling of the Judicial Board for Civil Cases of the North Kazakhstan Regional Court of December 14, 2021, was canceled, the material was sent for a new review with the acceptance of the petition of AMALFEYA LLP (hereinafter referred to as LLP) for court proceedings.

The LLP appealed to the court with a motion to overturn the decision of the permanent arbitration at the Kazakhstan International Arbitration & Arbitration Court LLP dated November 15, 2021, issued in the claim of the ASA against the LLP for the recovery of the amount.

The court of appeal returned the petition due to the applicant's failure to pay the state fee in the appropriate amount.

The Court of cassation found that the claim was filed by KX, so the state fee was calculated at the time of filing the statement of claim in the amount of 1% of the amount of the claim, and when filing a petition for the cancellation of arbitration to the court of appeal, 50% of the amount of the state fee charged when filing a claim for a property character.

Thus, the LLP had to pay the state duty of 119,452 tenge (23,890,409 x 1%:50%).According to the receipt dated December 13, 2021, the LLP paid the state duty in the amount of 120,300 tenge.

The court had no legal grounds to return the petition due to improper payment of the state fee.

By the resolution of the Judicial Board for Civil Cases of the Supreme Court dated May 25, 2022, the ruling of the Judicial Board for Civil Cases of the Almaty City Court dated August 10, 2021 was canceled.The material has been sent for reconsideration to the Almaty City Court at the time of acceptance.

Duisebaev A.E. filed a claim with the liquidation commission for partially invalidating the agreement on opening a credit line and bank loan agreements. The arbitration decision of July 19, 2021 satisfied the claim.

The liquidation commission filed a motion to overturn the decision, which was returned by the court of appeal due to non-payment of the state fee, while the liquidation commission was exempt from paying the state fee.

Paragraph 22 of Article 616 of the Tax Code provides for cases of exemption of persons from paying state duty in courts.

Thus, in the courts, on claims, applications, and complaints filed in the interests of liquidation proceedings, liquidation commissions of forcibly liquidated financial organizations are exempt from paying government fees.

The violation served as the basis for the cancellation of the judicial act in the cassation instance.

 

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