of July 4, 2000 No. P-100/2000
About some questions connected with rendering legal aid by the convict
Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., Boyko T. S. judges., Kenik K. I., Podgrusha V. V., Sarkisovoy E.A., Tikovenko A. G., Filipchik R. I., Shabaylova V. I., the G.B. Cone, having considered based on Article 40 and part one of article 116 of the Constitution the address concerning rendering legal aid by the convict, established the following.
By the fundamental law of the Republic of Belarus it is established that the state guarantees the rights and freedoms of citizens of Belarus enshrined in the Constitution, the laws and provided by the international obligations of the state (Article 21).
The constitution provides equality of all before the law and the right of everyone without any discrimination on equal protection of the rights and legitimate interests (Article 22).
According to article 62 of the Constitution everyone has the right to legal aid for implementation and protection of the rights and freedoms, including the right to use at any time the help of lawyers and other representatives in court, other state bodies, local authorities, at the companies, in organizations, the organizations, public associations and in the relations with officials and citizens. In the cases provided by the law, legal aid is given at the expense of public funds. Counteraction to rendering legal assistance in the Republic of Belarus is forbidden.
The analysis of the given regulations shows that the state guarantees everyone the right to legal aid. Legal aid has the special importance in criminal trial.
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