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

No. 11-03 27 of December, 1996

About some questions of application by courts of the Kyrgyz Republic of the legislation on collection of court costs on civil cases and legal costs on criminal cases

Generalization of practice of collection of court costs on civil cases and legal costs on criminal cases showed that courts not always observe the legislation existing on this matter, allow essential shortcomings. Quite often from the filed a lawsuit actions for declaration, on civil cases do not collect the state fee provided by the law from statements of special proceeding, cassation and supervising claims or incorrectly determine its size therefore in the government budget the considerable amounts did not arrive. Not always consider that the expenses incurred by court in connection with consideration of the case and the state fee from which payment the claimant was exempted are subject to collection from the defendant in the income of the state in proportion of the met requirements. In defiance of the Art. 87 GPK of the Kyrgyz Republic separate courts do not demand from the parties of fee the amounts necessary on challenge of witnesses and experts, and also the expenses connected with survey production on site forward.

Release of citizens from payment of the national duty in some cases is made incorrectly, according to the plaintiff's declaration, by resolutions of judges or without that, instead of motivated determinations, than the requirement of the Art. 89 GPK of the Kyrgyz Republic is violated.

Almost the national duty is not collected and in case of submission of claims according to the procedure of supervision.

Separate courts do not collect from defendants for benefit of claimants court costs in case of voluntary debt repayment or in case of approval of the voluntary settlement, do not take measures to return of excessively brought national duty.

By consideration of criminal cases courts do not discuss question of collection from the condemned legal costs, do not require familiarizing with case of certificates of the legal costs suffered in case of production of pretrial investigation and inquiry.

In defiance of Art. 301 of the Code of Criminal Procedure of the Kyrgyz Republic do not specify whom and in what size legal costs shall be assigned; in case of condemnation in the matter of several persons collect costs in solidary, but not in equity procedure.

Essential lack of work of the courts is also that they poorly exercise control of execution of decisions and sentences about collection of court costs and costs.

Judicial boards of the Supreme Court, the Bishkek city court and regional courts by consideration of civil and criminal cases in cassation and supervising procedure do not pay due attention to check of correctness of permission by courts of question of collection of the national duty and legal costs in cases when this question was not or is incorrectly permitted in sentence or the decision, do not correct the made mistakes and do not demand from courts of their correction in accordance with the established procedure.

The shortcomings noted above lead to the fact that the considerable amounts of court costs on civil cases and legal costs on criminal cases remain uncompensated, than damage is caused to the state.

For the purpose of remedial action in practice of collection of court costs on civil cases and legal costs on criminal cases and in connection with the questions which arose in court practice, the Plenum of the Supreme Court of the Kyrgyz Republic decides:

1. Draw the attention of courts to strict fulfillment of requirements of the law on collection of court costs on civil cases of legal costs on criminal cases.

2. Courts should mean that court costs on civil cases consist of the state fee and costs connected with consideration of the case i.e. the amounts which are subject to payment to witnesses and experts, the expenses connected with survey production on site, search of the defendant in the cases provided by the law and with judgment execution.

3. The relations connected with payment of the state fee on the cases considered according to the procedure of civil legal proceedings are regulated by the Law of the Kyrgyz Republic of 16.12.1992. "About the state fee", the Code of civil procedure of the Kyrgyz Republic, the Order of the Government of the Kyrgyz Republic of 18.07.1994 No. 521 "About rates of the state fee" with subsequent changes and the Instruction for application of the Law of the Kyrgyz Republic "About the state fee" of 4.11.1992 No. 42.

4. In the cases provided by the Art. 89 GPK of the Kyrgyz Republic, and also Art. 6 of the Law "About the State Fee", the duty and expenses on production of civil case in the income of the state are not levied. At the same time courts shall mean that they have no right to exempt the claimant or the defendant from those court costs which are subject to collection for benefit of one of the parties.

The question of release of the parties on civil case from court costs is resolved in case of acceptance of the action for declaration, and in necessary cases - in case of decision on case.

Release of citizens from payment of the state fee is made only by motivated determination of the judge, according to the Art. 216 GPK of the Kyrgyz Republic.

5. According to article 6 of the Law "About the State Fee" and the Art. of the Art. 89, 90 GPK of the Kyrgyz Republic the court (judge), proceeding from property status of citizens, is granted the right to exempt, delay, spread or reduce the size of the duty collected in the income of the state.

The question of release, delay or payment by installments can be delivered by the citizen as it is direct when giving in court of the statement on the substance of dispute, and after receipt of determination about leaving of the statement without movement in connection with failure to pay the state fee.

(Hired) workers and peasants occupied with labor activity farmers and in peasant economy are equated to the claimants mentioned in item 1 of the Art. 89 GPK.

6. Determination about refusal in provision of privilege on the national duty as well as determination about leaving of the statement without movement for motive of its failure to pay can be appealed in court of cassation instance.

Claims to decisions concerning payment of the national duty are not subject to payment by the national duty.

7. From statements (claims) consisting of several independent requirements, the duties are collected respectively for each requirement separately. This rule belongs also to the actions for declaration having at the same time property and non-property character. Such statements are paid with duty as for the rates established for actions for declaration of property nature and at the rates established for actions for declaration of non-property nature.

In claims of property nature calculation of the state fee is made in the established percentage to the claim price which is understood as the requirement of the claimant to the defendant expressed in cash. The procedure for determination of the price of the claim is established by the item "and" of Art. 1 of the Order of the Government of the republic No. 521 of 18.07.1994.

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