The rates of the state duty of the statement of claim are unreasonably overstated

Baku/26.06.21/Turan: The change of the rates of the state duty for filing a statement of claim, other application or complaint to the court, re-issuance of a copy of a judicial act

Today, the Milli Mejlis discussed the Amendments to this law "On State Duty". According to the amendments, a duty of 30 manats will be charged for filing a statement of claim, the cost of which is estimated at up to 1,000 manats.

If the cost of the claim is from 10,000 to 100,000 manats, 120 manats + 0.3 percent of the claim price is required; if the claim price is from 100,000 to 1,000,000 manats, 390 manats + 0.1 percent of the claim price is required.

One hundred manat is collected from people for the filing of an application by an individual in relation to a residential building, apartment, land of a personal plot, including a garden plot, which is owned, used (leased), as well as for the filing of an application by an individual in relation to agricultural land in use (lease). One hundred manat is collected filing a statement of claim for underestimation, an application for a court order, an application for a case considered in a special procedure.

If the amendments are adopted, the person who filed a claim for 100 thousand will have to pay a fee amounting over 390 manats. The current fees are by several times lower. Is there a need and reason for such an increase in duties?

The MP Fazil Mustafa told Turan that this is not necessary. “The policy of increasing state duties is actually a problematic issue. The policy, according to which many structures transfer a certain amount to their account, that is, 25 percent, is also erroneous. "

The deputy noted that sometimes, by increasing duties, they want to increase the income and salaries of employees of these structures. "But it is wrong to do it by raising duties."

He believes that it is necessary to move away from the increase in duties. “The main thing is that the effectiveness of the adopted rules is acceptable, so that people follow them. The more money is spent by a citizen, the more aggression against the law he shows. The goal is not to fine the citizen, but to ensure that citizens comply with the law.”

According to the deputy, the increase in duties is becoming one of the main reasons for the impoverishment of citizens, which causes discontent.

Lawyer Samira Agayeva also stated that raising duties to such an extent does not correspond to the logic. “Raising duties by 100 manats for claims on property rights is wrong. If the duty is 100 manats, then this is 50 percent of the subsistence minimum in the country. Since January 2021, the cost of living in the country has been set at 196 manats. If the duty is 100 manats, then this is 50 percent of the subsistence minimum. In this case, many citizens will be deprived of the right to bring property claims in court."

Samira Agayeva says the proposed fees are greatly exaggerated. "It is not necessary. In addition, recently the salaries of judges and court officials have already increased several times. That is, in any case, their salaries have been increased, and the fees for search applications go to the state budget. And what this money is spent on is unknown."—0—