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.
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The document ceased to be valid since May 29, 2020 according to Item 45 of the Resolution of the Plenum of the Supreme Court of the Kyrgyz Republic of May 29, 2020 No. 9