The PRWB Observations on the draft law “On Making Amendments and Supplements to the RA Law on State Duty”

On December 04 of 2020, a draft law on “Making Amendments and Supplements to the RA Law “On State Duty”” was circulated in the unified website for publication of legal acts’ drafts under the RA Ministry of Justice.

The Protection of Rights without Borders NGO presented observations and recommendations on the presented draft law.

By the draft law, it is intended to essentially increase the current rates of the state duty fee. Particularly, in some cases it is recommended to increase the duty fee up to five times, set the base duty fee in the 10-fold, 20-fold, 30-folds respectively, when payment of state duty fee is not intended by the current legal regulations.

The recommended legal regulations are a threat to the judicial protection of a citizen and inequal restriction to court access to the point, that the essential meaning of the rights is being violated.

The offered rates of the duty fees are more concerning.

The increase of the state duty fees for two times (10 folds of the minimum salary) will essentially impact the citizens’ right to judicial protection against illegal administration by putting the latter in obviously illegal and unfavorable situation.

In order to ease the workload of the administrative court, it is necessary not to increase the state duty fee, by hindering the exercise of citizen’s rights, but rather increase the efficiency of the administrative bodies’ activities, including also the improvement of the ability to adopt grounded administrative acts.

Therefore, the Government offered to refuse all the legal regulations directed towards the increase of the current duty fees.

The comparison of the current and the recommended duty fees are available in the attached chart

It should be mentioned, that the same draft law, with some differences, was a matter of public hearing within 30.06.2020 – 15.07.2020.

The draft law became a matter of huge concern among the human rights advocates.

The PRWB Observations on the draft law “On Making Amendments and Supplements to the RA Law on State Duty”