Statement by the Federal Bureau of Yabloko, 2.08.2024

Photo by Andrei Zhdanov, Kommersant

The State Duma has adopted amendments to the Tax Code of the Russian Federation, which will increase the amount of state fees for court cases for both individuals and organisations. For example, the fee for challenging a decision or action of a government agency will increase tenfold for individuals – up to 3,000 roubles, for filing an appeal – by twenty times, also up to 3,000 roubles, and for filing a complaint to the Supreme Court – by 47 (!) times – from 150 to 7,000 roubles.

Fees will also increase for organisations. For example, the fee for challenging decisions or actions of government bodies will increase more than threefold – to 15,000 roubles, for filing an appeal – by five times, from 3,000 to 15,000 roubles, for filing a complaint to the Supreme Court – from 6,000 to 25,000 roubles, and if it is a property claim, then up to 80,000 roubles.

According to the Supreme Court of the Russian Federation, the increased amounts will “stimulate the peaceful resolution of legal conflicts by alternative means”.

We consider these statements hypocritical, especially when it comes to “legal conflicts” between citizens and government bodies, when only through the courts, and not always even then, can one achieve legality and justice.

In addition, there is now a pre-trial procedure for resolving disputes, but it does not lead to a decrease in their number.

With such a size of fees, going to court to protect their rights will become inaccessible for many Russian citizens who do not have the opportunity to spend dozens of thousands of roubles on paying fees when a case goes through all the courts (not counting the costs of legal aid).

The right to access to justice for NGOs and small businesses will be violated: they will not be able to bear the burden of the established fees when challenging the illegal actions of the authorities or in disputes with other violators of their rights.

All this will increase the arbitrariness of officials who will know that many of their illegal actions will not be challenged in court simply because those whose rights are violated by these actions will not have the financial means to litigate.

We consider the increase in fees as the installation of barriers that, in essence, introduce a property qualification for appying to court, making the possibility of appeal dependent on the financial situation of a citizen or organisation.

This means a further transition to a class society, throws the country 150 years back, and directly contradicts Article 46 of the Constitution of the Russian Federation, which guarantees equal access to justice.

In fact, another constitutional norm – that everyone has the right to judicial protection of their rights and freedoms, – is de facto cancelled by the adoption of these amendments.

At the same time, the increase in fees is not accompanied by a qualitative change in the judicial system: incurring additional costs for paying fees, citizens and organisations still cannot count on an independent and fair court.

Yabloko considers the adopted amendments unacceptable, blocking dozens of millions of Russian citizens from access to justice, and subject to cancellation.

Nikolai Rybakov,

Yabloko Chairman