Legislation regulating the role of the prosecutor in a marriage and family dispute
Prosecution authorities in the Republic of Belarus are called upon to provide supervision over compliance with the law. The activities of the prosecution authorities are regulated by the Constitution of the Republic of Belarus, the Law of the Republic of Belarus “On the Prosecutor’s Office of the Republic of Belarus”, the Criminal Code of the Republic of Belarus, the Civil Code of the Republic of Belarus, the Code of the Republic of Belarus on Marriage and Family, and other regulatory legal acts in force on the territory of Belarus.
Tasks of the Prosecutor’s Office in Marriage and Family Relations
One of the tasks of the prosecutor’s office is to supervise compliance with the legislation on minors. Such supervision determines the important role of the prosecutor in marriage and family legal relations, disputes related to the upbringing of children, etc.
Representatives of the prosecutor’s office guard the rights and legitimate interests of children, ensuring proper and unconditional compliance with the legislation of the Republic of Belarus, including the Law of the Republic of Belarus “On the Rights of the Child”.
The Law of the Republic of Belarus “On the Rights of the Child” establishes the inalienable rights and interests of every minor citizen of the Belarusian state. These rights include the main ones:
– inalienable right to life;
– inalienable right to health protection;
– the right to a decent standard of living and decent living conditions;
– the right to education;
– the right to receive maintenance from their parents, or persons replacing them;
– the right to spiritual and moral education and development;
– other rights and interests.
Bodies of the prosecutor’s office are also involved in the prevention of delinquency and neglect of minors. For this purpose, checks are carried out, educational measures are applied.
One of the tasks of the prosecutor’s office is also to ensure compliance with labor laws in relation to minors. Thus, prosecutors conduct inspections of legal entities for compliance with the legislation on the labor of adolescents, and, if violations are found, they take response measures.
The role of the prosecutor in declaring a marriage invalid
A marriage that was entered into in violation of the norms of the law (the conditions obligatory for marriage) may be declared invalid at the suit of the prosecutor.
So, if circumstances are discovered that indicate that the marriage was concluded with a person who has not reached the age of marriage, or with a person recognized by the court as incapable, or in the absence of an intention to start a family, the prosecutor has the right to file a claim with the court to recognize such a marriage as invalid .
As an example, we can cite a situation where a fictitious marriage was concluded between a citizen of Belarus and a citizen of France, i.e. persons entered into a marriage union without a real intention to create a family. A few months after the conclusion of this “marriage”, the prosecutor filed a claim with the district court of the city of Minsk to initiate civil proceedings to declare the fictitious marriage invalid. The court satisfied the claims of the prosecutor, restoring the legality in the observance by individuals of the requirements of the Marriage and Family Code of the Republic of Belarus.
The role of the prosecutor in the deprivation of parental rights
The Code of the Republic of Belarus on Marriage and Family provides for the mandatory participation of a prosecutor in court proceedings in cases of deprivation of parental rights.
In addition, the prosecutor, along with representatives of the guardianship and guardianship authorities, is empowered to demand through the court the deprivation of a parent’s parental rights. Of course, the initiation of legal proceedings for deprivation of parental rights should be preceded by the collection of evidence, including written evidence, confirming the existence of grounds for the application of this extreme measure. Among other things, as grounds for deprivation of parental rights, the legislation names child abuse and parents’ avoidance of raising and supporting their children.
During the trial, the prosecutor acts either as a plaintiff, presenting a demand for deprivation of parental rights, or, if he was not the initiator of the process, expresses his opinion on the case after the plaintiff and defendant have spoken and the court has considered the evidence.
Participation of the prosecutor in adoption cases
There are cases when children are left without parental care and are supported by the state. The registration of such children is maintained by the guardianship and guardianship authorities, as well as by the National Adoption Center, functioning under the Ministry of Education of the Republic of Belarus.
The Marriage and Family Code establishes the obligatory participation of the prosecutor in the court session when considering adoption cases. Such legislative norms also ensure proper supervision of the prosecutor’s office over compliance with the legislation on minors.
