RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of May 29, 2020 No. 9

About some questions of application of the legislation on the state fee by consideration of civil, economic and administrative cases by courts of the Kyrgyz Republic

Plenum of the Supreme Court of the Kyrgyz Republic for the purpose of ensuring the correct and uniform court practice on application of the legislation on the state fee by consideration of civil, economic and administrative cases by courts, and also being guided by the p. 3 of article 98 of the Constitution of the Kyrgyz Republic, article 18 of the constitutional Law of the Kyrgyz Republic "About the Supreme Court of the Kyrgyz Republic and local courts", decides:

1. Draw the attention of courts that the relations connected with payment of the state fee on civil, economic and administrative cases are regulated by the Code of the Kyrgyz Republic about the non-tax income (further - KOND KR), the Code of civil procedure of the Kyrgyz Republic (further - GPK of the KR), the Administrative Procedure Code of the Kyrgyz Republic (further - the AIC of the KR) and other regulatory legal acts.

2. Foreign legal entities and physical persons, the international organizations, stateless persons in case of submission of actions for declaration (statements), appeal and writs of appeal pay the state fee in accordance with general practice if other is not provided by international treaties which participant is the Kyrgyz Republic.

3. If claimant on the economic case considered by courts of the Kyrgyz Republic is the business entity of the foreign state entering the Commonwealth of Independent States, the amount of the state tax and procedure for its payment are determined according to the Agreement on the amount of the state tax and procedure for its collection by consideration of economic disputes between subjects of managing of the different states (Ashgabat, on December 24, 1993, with changes for December 10, 2010).

4. According to Art. 136 of KOND KR the state fee is the money due levied by courts in case of accomplishment by them of specifically certain actions having legal value and listed in item 1 of Art. 138 of KOND KR.

According to Art. 137 of KOND KR the state fee is subdivided into the simple duties collected in the firm amount and the pro rata duties collected in percentage ratio to the corresponding amount.

5. The pro rata state fee is, as a rule, established for disputes of property nature which arise between persons of law concerning any property or other values for which they apply, or concerning execution of any obligations having cost assessment.

Disputes, in particular, belong to receivership proceeding: about collection of sums of money; about reclamation of property; about establishment of the property right to objects of personal and real estate, including on objects of equity in construction of the apartment house; about due, termless payments and issues, and also their termination; about the Section of property, including in case of annulment of marriage.

To receivership proceeding, according to subitem 11 of item 1 of Chapter 1 of the Rates of the state fee approved by the order of the Government of the Kyrgyz Republic of April 15, 2019 No. 159 (further - Rates of the state fee), also disputes on recognition invalid transactions (agreements) are carried. This rule extends to disputes on invalidity (reality) of transactions (agreements) having the subject transition of the rights to certain property (purchase and sale, equity in construction of the apartment house, donation, different ways of the order property), including on economic cases.

6. The simple state fee collected in the firm amount is paid in the cases established by the legislation on the state fee.

In cases of submission of claims for recognition invalid agreements security or preliminary (that is non-property) nature which subject is not establishment of the property right the state fee is paid in the firm amount according to subitem 4 of item 1 of Chapter 1 of Rates of the state fee. Guarantee agreements, about pledge, the provisional agreement, in particular, belong to these agreements.

Disputes on the address of collection regarding pledge, about appointment of the organizer of the public biddings or the official for forced implementation of the rights of the pawnbroker on ownership of pledged property (the Art. of Art. 183-184 of KR Group), precontractual disputes (the Art. of Art. 406-407 of KR Group), disputes over questions of the conclusion, change and agreement cancelation, including the agreement of equity in construction of the apartment house (subitem 3 of item 2 of Chapter 1 of Rates of the state fee), about prolongation of term of inheritance acceptance, about recognition invalid wills, certificates on the right to inheritance, on compensation of moral harm, on release of property from arrest, case on establishment of dispositive facts (subitem 5 of item 1 of Chapter 1 of Rates of the state fee), and also on issue of writ of execution on forced execution of the decision of reference tribunal (subitem 4 of item 1 of Chapter 1 of Rates of the state fee) also belong to non-property disputes.

In case of submission of demand about application of effects of invalidity of the transaction along with the requirement about recognition invalid transactions, the requirement about application of effects of invalidity of the transaction treats disputes of non-property nature.

In case of submission of demand about application of effects of the insignificant transaction without submission of demand about recognition of the transaction invalid (insignificant), the state fee is paid in the amount of, established for disputes of property nature.

7. Draw the attention of courts that the legislation established different rates of the state fee paid on disputes on agreement cancelation of hiring of premises (Chapter 28 of KR Group) and agreements of property hiring (Chapter 27 of KR Group). According to item 8 p.1 104 GPK of the KR the price of the claim is determined by the Art. in claims for early agreement cancelation of property hiring - set of payments for use of property during remaining period of validity, but no more than in three years.

The 7-fold size of settlement indicator is collected from claim declarations of avoidance of the employment contract of premises according to Rates of the state fee-.

8. Courts need to take into account that application of subitem 14 of item 1 of Chapter 1 of Rates of the state fee is considered reasonable in the presence of proofs about reference of the claimant to citizens from needy and needy families.

9. In case of submission of claims of property nature the claimant shall specify the claim price proceeding from which the amount of the state fee which is subject to payment is estimated.

The procedure for determination of the price of the claim is established by the Art. 104 GPK of the KR. At the same time, the price of the claim joins the penalty amounts which are also specified in the action for declaration (penalty, penalty fee), interest for using others money.

In case of increase or amendment of the claims attracting the change in price of the claim, surcharge of the state fee is performed proceeding from the increased amount or additional requirements.

When giving in court of the claim for the Section of property, the size to the subject payment of the state fee it is estimated in proportion to the cost of the property disputed by the claimant.

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