Court of Cassation Accepted the Cassation Appeal of the Organization Client into Proceeding

The RA Court of Cassation adopted a decision on August 24 of 2020, by which cassation appeal number VD/9251/05/19of applicant Ashot Grigoryan was accepted into proceeding filed by Nina Hakobyan, advocate of the Protection of Rights without Borders NGO.

On November 05 of 2019, an appeal was filed to the RA Administrative Court against the RA Intellectual Property Agency with the demand to adopt an administrative act on the provision of compensation for the material and non-material damages caused to the applicant in the outcome of illegal administration of the RA Intellectual Property Agency. 

An intervention to exempt the applicant from paying the state duty or to prolong the deadline for the state duty payment was also filed with the justification, that the applicants should be exempted from the obligation of paying the state duty on application of damage compensation caused in the outcome of human rights violation. The intervention was rejected and the applications were returned.

On 25.11.2019 the appeal was once again registered in the RA Administrative Court with the request to prolong the deadline of state duty fee payment with the justification, that the financial resources of the applicant essentially decreased, since in the outcomes of the illegal administration carried out by the  RA Intellectual Property Agency, the applicant was obliged to protect his rights in civil, then in administrative procedure order and during the period he did not carry out any activities.

The court rejected the adoption of the application into proceeding based on the rejection of the intervention filed to exempt the applicant from paying the state duty or to prolong the deadline for the state duty payment, as well as on the circumstance of the failure to correct the above mentioned error essentially ignoring the interventions filed with new circumstances, by which the Applicant was not allowed to make his case a matter of investigation in the Court and exercise his fundamental rights.

The Courts also failed to justify why the failure to pay the state duty payment and the presentation of the new intervention were considered an obstacle to discuss the new intervention, to accept the case into proceeding and to investigated the case.

On December 12 of 2019, an appeal against the decision “To Reject the Adoption of Appeal” was file, in regard to which a decision was made to reject the appeal.

The following issues were raised in the appeal filed to the RA Court of Cassation:

  1. Whether the RA Administrative Court is not obliged to discuss the intervention presented on the newly basis?  
  2. Whether the failure to grant a citizen the privilege to pay the state duty fee does not violate the principal of the access to court?   
  3. Whether the failure to grant a citizen the privilege to pay the state duty fee does not violated the right to get compensation caused in the result of illegal administration of state bodies?

The following issues were raised in the appeal:

  • It is not prescribed by the national legislation, that the applicants are exempted from paying the state duty fees by the cases related to the compensation of damage caused by the state agencies
  • Under the conditions of the lack of relevant regulation in the law, the court are granted with the right to grant privileges on state duty payment, by which the Court could have been guided while discussing the presented issue of the adoption of the appeal into proceeding
  • In case of violating other fundamental rights by the representative of state authorities, the applicant should be exempted from paying of the state duty fee caused in the outcome of the human rights violation taking into consideration the importance of the access to the court for the restoration and protection of violated rights.