On prosecutorial supervision in civil proceedings

In connection with the increased role of the prosecutor's office in strengthening legality and protecting civil rights, the Prosecutor General of the USSR issued Order No. 106 "On the work of prosecutor's offices in civil proceedings supervision" on June 1, 1950. The order noted the serious political significance of prosecutor's supervision in civil cases. The correct resolution by courts of civil cases, which affect the rights and vital interests of citizens, state and public organizations, directly contributes to strengthening legality and law and order, and educating citizens in the spirit of unwavering compliance with laws. In their activities on considering specific cases, courts must strictly adhere to the principles of justice, equality of citizens before the law, and other guarantees ensuring the protection of the interests of the state and citizens.

The relevance of prosecutor's supervision in civil cases has not diminished over time.

Article 125 of the Constitution of the Republic of Belarus assigns to the prosecutor's office the supervision of the compliance of court decisions in civil cases with the law.

In carrying out their activities in this direction, prosecutors use the rights granted to them to protest illegal and unfounded decisions and rulings of courts, to apply to the court with statements on initiating civil cases in the interests of the state, enterprises and organizations, in defense of labor and housing interests of citizens protected by law.

Prosecutors participate in the consideration of cases on reinstatement at work, eviction without provision of other housing, deprivation of parental rights, adoption of a child, release of property from arrest imposed in execution of decisions in the interests of the state, cases related to the restriction of legal capacity of citizens, complaints about the actions of election commissions, etc. The prosecutor, unlike the parties, acts in civil proceedings not to protect their own property or personal interests and rights, but for the purpose of supervising the precise and unwavering observance of legality in the sphere of civil legal relations, thereby ensuring the protection and safeguarding of the legitimate interests of the state, legal entities, and citizens.

In 2017, prosecutors participated in the review of 3547 civil cases, which constituted 18.7% of the total number of cases reviewed by courts.

In accordance with the requirements of the Prosecutor General of the Republic of Belarus, prosecutors are obliged to verify the legality of court decisions issued in cases in which they participated; affecting the interests of the Republic of Belarus, its administrative-territorial units, state legal entities; affecting the labor and housing rights of citizens, the rights of citizens who cannot independently protect their rights; on complaints against the actions (inaction) of state bodies and other legal entities, organizations that are not legal entities, and officials that infringe upon the rights of citizens; on complaints (protests) against decisions, actions (inaction) of a bailiff, head of an enforcement authority.

The quality of civil proceedings largely depends on the state of prosecutorial supervision. The introduction of appeals in civil proceedings requires a high level of professional training from prosecutors. In order to increase the effectiveness of prosecutorial supervision over the legality of court decisions, systematic work is carried out in the regional prosecutor's office to study current legislation, judicial practice in civil cases, practical and methodological assistance is provided locally, seminars with the participation of experienced judges are organized, and on-the-job training is conducted.

The prosecutor's offices pay significant attention to issues of compensation for damages caused to the state, legal entities, and citizens. In 2017, prosecutors filed 2124 claims with the courts for initiating civil cases, of which 533 claims were filed in the interests of citizens, 274 claims in the interests of the state, and 1202 claims in the interests of economic entities of state ownership.

Prosecutors are obliged to file lawsuits against officials guilty of unlawful dismissal of employees, for the recovery of sums paid during forced absenteeism. For example, in 2017, there were

7 such claims were filed for a total amount of 16,769 rubles. 45 claims were filed for compensation of damages related to violations of environmental legislation, totaling 58,688 rubles. Prosecutors justifiably filed applications for the limitation of legal capacity of citizens abusing alcoholic beverages and placing their families in difficult financial situations; claims in the interest of the state for reimbursement of funds spent on the treatment of victims in healthcare institutions due to intentional harm to health caused by the culpable actions of other citizens; for the invalidation of transactions made by persons unable to understand the meaning of their actions, in the interest of third parties, as well as transactions for the alienation of property to conceal it from seizure under enforcement documents.

          Such cases present particular complexity when considered in court and, naturally, elicit mixed assessments from parties legally interested in the outcome of the case. However, it is precisely in such cases that the effectiveness of the prosecutor's office, tasked with ensuring legality, social justice, and protecting the interests of the state and citizens who, due to age and health conditions, cannot independently defend themselves, can be judged.

Head of the Department for Supervision of Compliance with the Law of Judicial Decisions in Civil Cases of the Regional Prosecutor's Office Irina Titkova