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.

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