On the role of the prosecutor in civil proceedings

             

In accordance with Article 23 of the Civil Procedure Code of the Republic of Belarus, supervision over the legality and validity of court decisions in civil cases, as well as over compliance with legislation during their execution, is carried out by the Prosecutor General of the Republic of Belarus and prosecutors subordinate to him.

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

In 2015, prosecutors participated in the consideration of 22% of civil cases; 35 court decisions were overturned in cassation proceedings upon protests of prosecutors, and 13 court decisions were overturned in supervisory proceedings.

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 limitation of legal capacity of citizens, complaints about the actions of election commissions, etc. The prosecutor, unlike

from the parties, acts in civil proceedings not in defense of its own interests and rights, but for the purpose of supervising the accurate 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.

            The prosecutor's offices pay significant attention to the issues of compensation for damage caused to the state, legal entities, and citizens. In 2015, prosecutors of cities and districts of the Vitebsk region filed 2196 claims with courts for the initiation of civil cases, of which 508 claims were filed in the interests of citizens, 417 claims  in the interests of the state, and 1090 claims in the interests of business entities of state ownership. 1792 claims were considered, and 1786 claims totaling 14,685,654 thousand rubles were satisfied by court decisions.

            Prosecutors mandatorily file claims against officials guilty of unlawful dismissal of employees, for the recovery of sums paid during the period of forced absence from work. For example, in the past year, 7 such claims were filed for a total amount of 17,074 thousand rubles. 49 claims were filed for compensation for damage related to violations of environmental legislation, for a total amount of 1,362,914 thousand rubles.

            The regional prosecutor's office also filed claims to invalidate transactions for the alienation of property made with the aim of concealing property that could be seized to compensate for damage caused by a crime.

            For example, by a court verdict, L. was convicted of committing a road traffic accident, which resulted in a death. In favor of the deceased's relative, recognized as the victim in thecase, moral damages were recovered. During the investigation, being a suspect, L. disposed of real estate in favor of his relatives in order to avoid the arrest and sale of this property in the future in execution of the court sentence. To protect the rights of the victim in the criminal case, the prosecutor filed a claim to invalidate the transaction.

Such cases are particularly complex when considered in courts, but it is precisely by 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, can be judged.

On issues of civil supervision, the prosecutor's offices of the region considered 258 appeals from citizens and legal entities. It is noteworthy that in recent years there has been an increase in complaints from citizens about the non-execution of court decisions in property disputes. As inspections show, the non-execution of court decisions is mainly due to the insolvency of debtors, but there are also violations of current legislation and delays by bailiffs.

In order to stop violations of legislation in the execution of court and other decisions, more than 25 submissions and other acts of prosecutorial response were issued to the enforcement bodies.

The effectiveness of supervision in civil proceedings largely depends on the experience and professionalism of prosecutorial staff, in connection with which the regional prosecutor's office provides practical and methodological assistance on the ground, organizes seminars with the participation of experienced judges, and conducts

production practice. It is the professionalism and initiative of the prosecutor that allow for the fullest possible protection of the rights and legally protected interests of the state, society, and individuals, and for the timely adoption of measures provided for by law to eliminate any violations of the law.

 

Head of the Department for Supervision of
Compliance with the Law of Judicial
Decisions in Civil Cases
Senior Justice Counselor I.N. Titkova