The judge returns the statement of claim if the statement of claim does not meet the requirements

By virtue of subparagraph 3) of the first part of Article 152 of the CPC, the judge returns the statement of claim if the statement of claim does not comply with the requirements of Article 148, subparagraphs 1), 2), 3) and 5) of the first part of Article 149 of this Code and it is established that it is impossible to eliminate deficiencies at the stage of preparing the case for trial. The courts do not assess the filing of claims without payment of a state fee or in an amount not specified by the Tax Code as an irretrievable violation and accept the statement of claim for court proceedings. So, in the case of the statement of L. K. D. and others on the establishment of the fact of separation of spouses, the recognition of property as individual property and the release of property from seizure, the state fee was paid as a non-property claim.

During the preparation of the case for trial, at a preliminary hearing, the plaintiff's side was asked to assess the property and pay 1% of the value of the part being sought, however, the plaintiff insisted that the specified requirement was a non-property requirement, and payment of a state fee of 50% of 1 MCI was sufficient.  By the ruling of the Kostanay City Court dated April 13, 2016, the claim regarding the property was left without consideration, and the rest of the claims were decided on the merits. By the ruling of the appellate judicial board, the court's ruling remained unchanged. 

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