Analysis of the 10% Fine Provided in the Article 134 of the Code of Enforcement and Bankruptcy in Respect to Right of Access to Court

Abstract

Right of access to courts is guaranteed by the Article 6 (1) of the EConHR. However, right of access to court is not absolute, which means it may be subject to some limitations. In this respect, States have discretion. However, in any cases, these limitations should not impair the essence of the right, have to follow legitimate aim and be proportionate. According to decision of European Court of Human Rights, provision of a fine after the dismissal of the proceedings is also within the content of access to court. In this respect, providing a fine without both maximum limits and discretion of judges about amount of fine and also without requirement of bad faith for fine, it would be unproportionate limitation, even if it has legitimate aim.