- 17 October 2023 11:31
As reported, according to the amendments to the Code of Civil Procedure, the limits of cassation appeals are changed.In order to ensure a unified judicial system, it is planned to increase this limit from 2,000 to 5,000 manat.
Chairman of the Bar Association Anar Bagirov said that along with the proposed amendment to the legislation, the provision of legal aid to low-income people at the expense of the state in the lower courts of civil cases should be urgently provided, e-huquq.az reports.
"Otherwise, the increase in state fees, raising the cassation limit to 5,000 manat, as well as the lack of access to free legal aid will severely limit the right of low-income people to sue and receive legal aid in such civil cases", he noted.
The chairman also objected to the proposal to give the right to impose a fine of up to 500 manat to the lawyer who filed an unfounded petition and liability to the courts: "How was the criterion of "clearly unfounded" petition or complaint determined and defined? To what extent does this expression correspond to the principle of legal certainty? Currently, a poor person is not provided with legal aid at the expense of the state in lower civil courts, and how fair would it be to fine a person without legal education and access to legal aid up to 500 manat if person files an "explicit or implicit groundless" petition? It would be interesting to hear reasonable answers to these questions".