Professional Procedure


It should be added that article 44 gives the right not only to the court. This article gives the right and close relatives and legal representatives – to be advocates in court. Practically, there is always a conflict of rights and therefore the court should only be motivated. Otherwise, decisions will be imposed on the principle of "one human who has more rights. " Close relative, as the legal representative, may not be allowed reasoned decision in the case of his incapacity or harm suffered by the suspect, the accused. The Court may, in such case, deny, and only such waiver will be based on law. In accordance with Article 47 of the Code of Professional Procedure tolerance defender is the responsibility of the court as an accused has the right to apply for admission of counsel to participate in the proceedings of the professional proceedings and, if the application is declared prior to the start of judicial debate, it will be satisfied. And anyway, according to Article 112 of the Constitution, courts must administer justice based on the Constitution and the Basic Law of our country prohibits oppose legal aid. In addition, the second section of the Constitution sets out responsibilities of the State for individual rights: The State shall take all measures to establish domestic and international order necessary for the full enjoyment of rights and freedoms of citizens of the Republic of Belarus, under the Constitution. State bodies, officials and other persons who are entrusted to exercise state functions shall, within its competence to take the necessary measures to implement and protect human rights and freedoms.

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