of July 2, 1999 No. P-85/99
About some questions of representation in court on civil cases
Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., vice-chairman of Court Maryskin A. V., Boyko T. S. judges., Kenik K. I., Podgrusha V. V., Sarkisovoy E.A., Filipchik R. I., Shabaylova V. I., G.B. Cone, Shuklina V. Z., having considered based on article 40 of the Constitution of the Republic of Belarus the appeal of the Ministry of Justice of the Republic of Belarus about some questions of representation in court on civil cases, established the following.
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. Counteraction to rendering legal assistance in the Republic of Belarus is forbidden. The specified constitutional regulation provides, in particular, the right of each citizen to use at any time legal aid not only of lawyers, but also 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.
The existing civil procedural legislation (Article 70-79 of the Code of civil procedure, further - GPK) provides that citizens have the right to run the business in court personally or through representatives. At the same time the law allows two methods of registration of representation in court: representation properly the drawn-up power of attorney or the oral statement made in court which is entered in the protocol of judicial session.
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