The plaintiff does not pay the state fee for claims to declare the order illegal and cancel it, reinstate it in its former position and collect wages for the time of forced absenteeism, or collect other payments (unpaid wages, compensation for unused vacation, etc.)
In accordance with subparagraph 1) of Article 616 of the Tax Code, plaintiffs are exempt from paying state duties in courts for claims for recovery of wages and other claims related to work.
Consequently, the plaintiff does not pay the state fee for claims to declare the order illegal and cancel it, reinstate it in its former position and collect wages for the time of forced absenteeism, or collect other payments (unpaid wages, compensation for unused vacation, etc.).
At the same time, it should be borne in mind that labor legislation does not provide for the possibility of collecting compensation for moral damage. When satisfying such claims, the courts, in accordance with paragraph 14 of the regulatory decree of the Supreme Court "On the application by courts of legislation on compensation for moral damage", are guided by Article 24 of the Constitution of the Republic of Kazakhstan and the norms of Chapter 47 of the Civil Code (Articles 951, 952).
Consequently, state duty is charged in the amount of 50% of the monthly calculation index (hereinafter referred to as the MCI) for claims containing a claim for compensation for moral damage, as for a non–property claim.
In accordance with Article 117 of the CPC, the state fee from which the plaintiff was exempted, as well as the costs associated with the proceedings, are collected from the defendant, who is not exempt from paying court costs, to the state's income in full or in proportion to the satisfied part of the claim.
According to paragraph 16 of the regulatory decree of the Supreme Court "On the application by courts of the Republic of Kazakhstan of legislation on court costs in civil cases", the rate of state duty is determined depending on who the plaintiff is – an individual or a legal entity.
Consequently, in the case of satisfaction of the claim for recovery of wages from the defendant, a state duty to the state income in the amount of 1% of the amount of the claim, as well as in the amount of 50% of the MCI for all non-property claims, is subject to collection.
In accordance with Article 109 of the CPC, the court awards all court costs incurred in the case to the party in whose favor the decision was made.
In case of satisfaction of the claim of a legal entity against an employee for compensation of material damage, the state fee paid by him in the amount of 3% of the claim amount is subject to recovery from the employee in favor of the plaintiff.
The Regulatory Resolution of the Constitutional Court of the Republic of Kazakhstan dated February 22, 2023 No. 3 recognized the provisions of paragraph 2 of Article 13 and Article 14 of the Constitution of the Republic of Kazakhstan as inconsistent with paragraph 2 of Article 610 of the Tax Code regarding the words "when filing an administrative claim, statement of claim (application) for such disputes", which lead to infringement and restriction of the constitutional right of everyone to judicial protection of their rights and freedoms.
The Law of the Republic of Kazakhstan dated March 20, 2023 No. 213-VII SAM amended Article 610 of the Tax Code, paragraph 2 reads as follows: "From petitions for the review of judicial acts in cassation to rulings on the cancellation of arbitral awards and the issuance of writ of execution for the enforcement of arbitral awards and foreign courts, decisions and court rulings on non-property and property disputes State duty is charged in the amount of 50 percent of the corresponding state duty rate, established by paragraph 1 of this Article for the subject of the appeal."
It follows from this that when filing a cassation petition for the revision of judicial acts on compensation for material damage, a state duty in the amount of 50% of the corresponding state duty rate for individuals is to be collected from the defendant employee, that is, not 3%, but 1% of the amount of the claim.
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