of June 15, 2007 No. P-200/2007
About the right of physical persons to legal aid in administrative process
Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., vice-chairman Maryskin A. V., Danilyuk's judges of Page E., Kenik K. I., Podgrusha V. V., Tikovenko A.G., Filipchik R. I., Shuklina V. Z. considered the address in which it is specified imperfection of the regulations of the legislation concerning providing the right of physical persons to legal aid in administrative process.
Having studied regulations of the Constitution of the Republic of Belarus, the Procedural and executive code of the Republic of Belarus on administrative offenses (further - ПИКоАП), the Code of penal procedure of the Republic of Belarus (further - the Code of Criminal Procedure), the Code of civil procedure of the Republic of Belarus, other regulatory legal acts of the Republic of Belarus, the Constitutional Court established the following.
According to part one of 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.
Article 1.4 ПИКоАП provides that protection is the procedural activities performed by the lawyer for the purpose of providing the rights, freedoms and legitimate interests of physical person concerning which administrative process is conducted. Physical persons or legal entities concerning which the court, by the body conducting administrative process establishes guilt in making of administrative offense treat persons concerning whom administrative process is conducted.
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