Court costs: how to recover money paid to a lawyer in Kazakhstan

Usually people come with this question after the case has already been won and the decision is in hand, while the money spent on a lawyer has remained unrecovered. The person does not understand whether court costs include the representative's services themselves, the preparation of documents and travel to hearings, and how these amounts should be claimed from the other party to the dispute. For an entrepreneur, there is the added question of how the procedure in arbitration differs from a court of general jurisdiction and what to do if the dispute ended in a settlement agreement.

In this article we will look at what court costs consist of, the rules for distributing them between the parties and the grounds for refusing recovery. We will separately focus on the supporting documents, on the form of the application — a motion during the case or a separate document after the decision — and on the specifics of the review stages. This will allow you to build your work with evidence in advance and not lose the right to reimbursement.

What court costs include: what makes up the amount to be recovered

The law divides court costs into the state duty, which is paid when applying to court, and the expenses connected with the consideration of the case. The duty is a mandatory payment to the budget, its amount depends on the type of dispute and the value of the claim; the law sets out the cases of exemption from it. The expenses reflect the party's actual spending on the consideration of the case and the collection of evidence.

The composition of court costs under the Civil Procedure Code of the Republic of Kazakhstan also extends to economic disputes between organisations: there is no separate arbitration procedural code in Kazakhstan, such cases are considered by the Specialized Interdistrict Economic Courts (SIEC) under the same Civil Procedure Code of the Republic of Kazakhstan. It includes the amounts paid to witnesses, experts, specialists, translators, the costs of paying for a representative's services, postal costs and other expenses recognised by the court as necessary.

• the state duty on a claim or application;
• amounts for summoning a witness and conducting an expert examination;
• payment for the services of a translator and a specialist;
• the costs of a representative who took part in the case;
• postal and other expenses recognised as necessary;
• compensation for loss of time, if awarded by the court.

The list is not exhaustive: the court also reimburses other expenses if it recognises them as necessary for the consideration of the case.

Court expenses for a representative: which lawyer's services the court recognises as necessary

Under the Civil Procedure Code of the Republic of Kazakhstan, the party in whose favour the decision was made is reimbursed the court expenses for a representative incurred by the other party. These include payment for the work of the person providing legal assistance: preparation of the claim and other procedural documents, collection and presentation of evidence, participation in court hearings. Reimbursement is possible only where the fact and amount of the expenses are documented; the court assesses the connection between the services and the case under consideration.

The basis is the legal services contract and the payment document confirming payment. If the work was performed but the documents are drawn up incorrectly, the court may refuse to recover the amount or reduce it. Recovery is made within reasonable limits, taking into account the complexity of the case and the volume of work.

• reviewing the case materials and forming a legal position;
• drafting the statement of claim, response, motions and other procedural documents;
• collecting evidence and preparing it for submission to the court;
• participation in court hearings before the court of first instance;
• preparing and filing procedural documents at the stage of appealing the decision;
• reviewing the minutes of court hearings and submitting comments on them.

Who bears court costs and in what outcome of the case

As a general rule, court costs are distributed between the parties in proportion to the amount of the claims granted. The court awards the party in whose favour the decision was made reimbursement of the costs it incurred at the expense of the losing party. This applies to the state duty, the expenses connected with the consideration of the case, and payment for the assistance of a representative.

Who reimburses court costs is determined by the operative part of the decision. If the claim is granted in full, the costs are borne by the defendant. If the claim is dismissed, the costs remain with the claimant. In the case of partial satisfaction, proportional reimbursement applies: the court calculates what share of the claims made was found justified and awards reimbursement in the corresponding part.

Court costs in a settlement agreement: how the parties divide the expenses

If the parties end the dispute with a settlement agreement, the question of court costs is decided not by the general rule on reimbursement by the losing party, but by the rules established for this method of concluding the case. Under the Civil Procedure Code of the Republic of Kazakhstan, the court approves the settlement agreement by a separate ruling, and that ruling also records how the expenses incurred are distributed between the parties.

The law gives priority to the agreement of the parties. The parties are entitled to determine themselves in the text of the settlement agreement who bears the court costs and to what extent, including the state duty and the amounts paid to the representative. The provision on costs becomes part of the agreement, and the court reviews it upon approval along with the other clauses.

• each party bears its own costs independently;
• the costs are divided between the parties in equal shares;
• the costs are imposed in full on one of the parties;
• the state duty is distributed separately from the costs of the representative;
• the party that breached the terms of the agreement reimburses the costs caused by such breach;
• the provision on costs is included in the text of the agreement before it is signed.

Court costs of the losing party: when the court refuses to award them

Even when a case is won, recovery of court costs from the losing party is not guaranteed in full. The court assesses the reasonableness of the amounts claimed and their connection with the specific dispute. If a party seeks reimbursement of expenses that clearly exceed what was necessary, the court may reduce them.

The absence of documentary confirmation is a ground for refusal. Expenses not relating to the given case, as well as those incurred before it was initiated or after the decision entered into force, are not accepted. The court reviews each item against contracts, acts and payment documents.

Bad faith on the part of a party also affects the outcome. If a participant dragged out the proceedings, filed unfounded motions or concealed evidence, the court may shift part of the costs onto that party regardless of the outcome. A reduction is also possible where the fee is clearly excessive relative to the complexity of the case.

• the excessive nature of the amount claimed relative to the complexity of the case and the volume of work of the representative
• the absence of a connection between the costs and the dispute under consideration
• bad faith conduct of a party in the proceedings
• the absence of documents confirming payment for the services
• expenses incurred outside the framework of the case
• a clear discrepancy between the price of the service and the average level for similar disputes

Costs are not reimbursed by the one who lost, but by the one who failed to prove their reasonableness and connection with the case — the court assesses the documents, not the fact of payment.

Which documents confirm court costs and what the court checks in them

Confirmation of court costs is based on written evidence. The basis is the legal assistance agreement, which states the subject of the instruction, the scope of actions and the procedure for settlements. The court checks its connection specifically with the case in which reimbursement is claimed.

The second element is a completion certificate or another document confirming that the services were actually provided. The certificate lists specific actions: drafting the claim, gathering evidence, attending hearings. The signatures of the client and the service provider confirm that the services were accepted without objections. If there is no certificate, the fact that services were provided can be proved by other written evidence.

• a legal assistance agreement stating the subject matter and scope of the engagement;
• a completion certificate or the representative's report on the actions performed;
• payment documents: cash receipts, payment orders, bank statements, receipts;
• documents confirming the representative's authority: a power of attorney, an order, a document confirming education;
• evidence linking the services to the case at hand: procedural documents, hearing minutes.

The court assesses the evidence as a whole; the absence of even one link reduces the chances of recovery.

How to claim court costs: a motion during the case or a separate application

File the claim for reimbursement of court costs with the court hearing the case. There are two options: a motion on court costs during the proceedings or an application for reimbursement of court costs after the judgment is delivered. In the first case, the court decides the matter together with the substance of the dispute; in the second, it issues a separate ruling.

While the case has not been decided, the claim is included in the statement of claim or filed as a separate motion before the court retires to the deliberation room, with supporting documents attached. After the judgment is delivered, the application is filed with the same court within the time limit set by the procedural law; missing the deadline results in the application being returned.

• File the claim before the court retires to the deliberation room, or by a separate application after the judgment.
• Attach the contract, the act and payment documents confirming payment for the representative's services.
• Specify the particular services and their connection to the case at hand so that the reasonableness of the costs can be assessed.
• Claim costs for each instance separately, including participation in appeal and cassation.
• Observe the deadline for filing the application after the judgment is delivered, otherwise it will be returned without consideration.
• Check that the documents are complete before filing so that the court does not leave the application without movement.

Court costs in a counterclaim and where the claim is withdrawn

Withdrawal of the claim by the claimant terminates the proceedings, and the court allocates costs taking into account who initiated the withdrawal and why. As a general rule under the Civil Procedure Code of the Republic of Kazakhstan, the parties bear costs in proportion to the claims granted. If the withdrawal was prompted by the defendant voluntarily satisfying the claim after the statement of claim was filed, the claimant's costs are imposed on the defendant. For other reasons, such as loss of interest, the costs remain with the claimant.

A settlement agreement or an agreement settling the dispute through mediation changes this logic: costs are allocated on the terms of the agreement, and in their absence, on the principle of proportionality. An agreement approved by the court terminates the proceedings, so costs can only be recovered within the same case before it is concluded.

• where the defendant voluntarily satisfies the claim after the statement of claim is filed, the claimant's costs are imposed on the defendant
• where the claimant withdraws for reasons of their own, the costs remain with the claimant
• where the parties reconcile, the allocation of costs is determined by the terms of the agreement, and in their absence, by proportionality
• in a counterclaim, costs are divided proportionally: the granted part is reimbursed, and the remainder stays with the applicant
• where both claims are granted, the court may set off the awarded sums, including court costs
• the claim for reimbursement of costs and the supporting documents are filed before the court retires to the deliberation room

Court costs in appeal and cassation: what changes at the review stages

The costs of a representative in appeal and cassation are reimbursed under the rules for the first instance: they are awarded by the court that decided the case on the merits, or by the review instance. The costs are confirmed by the contract, payment documents and an act of services performed. They include the fee, preparation of the response, collection of evidence and sending of procedural documents.

Disagreement with the judgment does not create a right to reimbursement: costs are awarded to the party in whose favour the appeal concluded. Where the appeal is dismissed, the costs remain with the applicant; where it is partially granted, they are allocated proportionally. Cassation costs are reimbursed following consideration of the case, not upon filing the motion.

• the costs of paying for the services of the representative who prepared the appeal or the response;
• the sums paid for drafting the procedural documents of the review stage;
• the costs of collecting and examining additional evidence;
• postal and other expenses related to sending the complaint and notifying the participants;
• travel and accommodation expenses for the representative to attend a hearing in another locality;
• the state duty paid, if the law classifies it as case costs.

Court costs in the Specialized Interdistrict Economic Court and in a court of general jurisdiction: differences for businesses and individuals

In a court of general jurisdiction, costs consist of the state duty and expenses. A winning individual has the right to claim them from the losing party, confirming payment for the representative's services with a contract, an act and payment documents.

In the Specialized Interdistrict Economic Court, costs are distributed in proportion to the claims upheld. For a business, it is important to confirm that the expenses are connected to entrepreneurial activity and that the amount is reasonable: the court assesses the scope of work, the complexity of the case and proportionality.

The difference lies in the status of the participant: an individual protects personal rights and does not prove a commercial purpose of the expenses, while the approach to an entrepreneur is stricter. The court may reduce the reimbursement if it finds it excessive.

A claim for reimbursement can be made in the same case or by a separate application after the decision enters into force. Missing the deadline deprives you of the right to compensation, so documents should be collected in advance.

• The state duty is a mandatory payment when filing a claim; its amount depends on the value of the claim.
• Expenses are postal, expert, travel and other costs related to the case.
• The representative's services are confirmed by a contract, an act of completed work and payment documents.
• The court assesses the reasonableness of the amount taking into account the complexity of the case and the scope of work performed.
• Court costs are distributed between the parties in proportion to the claims upheld.

Court costs: typical mistakes and how to avoid them

Mistakes in recovering court costs relate to procedural details: the application is filed after the decision is issued, whereas under the Civil Procedure Code of the Republic of Kazakhstan the same court resolves the matter and, as a general rule, before the act enters into force. If the moment is missed, separate proceedings will be required, which lengthens the path to the money and creates a risk of refusal.

The main difficulty is proof. The court awards costs within reasonable limits, so referring to a contract with a representative without confirming payment and the scope of work will lead to a reduction in the amount. Confirm payment with a payment document, record the list of services in an act, and keep the representative's procedural documents.