On prosecutor's supervision in civil proceedings

In connection with the increased role of the prosecutor's office in strengthening legality and protecting civil rights, by Order No. 106 of June 1, 1950, "On the Work of Prosecutor's Offices in Civil Supervision," the Prosecutor General of the USSR was issued. The order noted the serious political significance of prosecutorial supervision in civil cases. The correct resolution by courts of civil cases affecting the rights and vital interests of citizens, state and public organizations directly influences the strengthening of legality and law and order, and the education of citizens in the spirit of strict adherence to laws.

The relevance of prosecutorial supervision in civil cases has not diminished over time.

Article 125 of the Constitution of the Republic of Belarus assigns the prosecutor's office the supervision of judicial decisions in civil cases for compliance 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.

In 2017, 3547 civil cases were considered with the participation of prosecutors, which amounted to 18.7% of the total number of cases considered by the courts.

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. The regional prosecutor's office conducts systematic work on studying current legislation and judicial practice in civil cases, provides practical and methodological assistance on the ground, organizes seminars with the participation of experienced judges, and conducts practical training.

It should be noted that the prosecutor's offices pay considerable attention to issues of compensation for damage caused to the state, legal entities, and citizens. In 2017 alone, prosecutors filed 2124 applications with the courts to initiate civil cases, of

533 applications in the interests of citizens, 274 applications in the interests of the state, 1202 applications in the interests of economic entities of state ownership.

Prosecutors are obliged to file lawsuits against officials guilty of illegal dismissal of employees, for the recovery of sums paid during forced absence from work. For example, in 2017, 7 such lawsuits were filed for a total amount of 16,769 rubles. 45 lawsuits were filed for compensation of damages related to violations of environmental legislation, for a total amount of 58,688 rubles.

Prosecutors justifiably filed applications for the limitation of legal capacity of citizens who abuse alcoholic beverages and place their families in difficult financial situations; claims in the interests of the state for reimbursement of funds spent on the treatment of victims in healthcare institutions due to intentional infliction of harm to health by the culpable actions of other citizens; for the recognition of transactions made by persons unable to understand the meaning of their actions as invalid, in the interests of third parties, as well as transactions for the alienation of property in order to conceal it from seizure under enforcement documents.

Such cases present particular complexity when considered in courts and, naturally, cause ambiguous assessments by persons legally interested in the outcome of the case. However, it is precisely on such cases that the effectiveness of the prosecutor's office, designed to ensure legality, social justice, and protect the interests of the state and citizens who, due to age and health status, cannot independently exercise their defense, 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.