The draft law proposes to provide exemptions from paying state fees in courts for those subjected to domestic violence who file appeals and cassation appeals against court decisions to revoke a warning or urgent intervention decision, as well as claims for divorce, exercise of parental rights, including determining the child’s place of residence, establishing a visitation schedule with the child, communicating with the child, participating in the child’s care, upbringing and education, determining paternity, limiting parental rights or depriving them of parental rights.
The deputy of the NA Civil Contract Faction Zaruhi Batoyan proposes the abovementioned regulation in the Law on State Duty. The draft law was debated in the first reading at the NA regular sitting.
According to the current regulations, plaintiffs who file claims regarding a protective order provided for by the Law on Prevention of Domestic Violence, Protection of Victims of Domestic Violence and Restoration of Family Solidarity are exempted from paying the state fee. The experience shows that the perpetrators of domestic violence appeal through administrative proceedings the decisions on the precautionary measure of warning and emergency intervention applied by the police. The persons subjected to violence are forced to appeal the judicial acts of administrative courts first through appeals and then through cassation, without preferential conditions regarding state fees. According to Zaruhi Batoyan, a situation is created when people who are in a difficult physical or psychological state also have social problems. Organizations for women’s rights report that financial problems do not allow beneficiaries to obtain legal protection. The purpose of this draft is to promote access to justice.
The member of the Standing Committee on State and Legal Affairs Anush Kloyan presented the endorsement of the Committee during her co-report. The Deputy Minister of Justice Anna Karapetyan spoke up about the positive position of the Government.
