Justice in Grand Duchy of Pinsk.

 Chancellor of Justice - Lord Of Justice
 

Justice Authority.

The Justice should is a condition sine qua non of political democracy and social justice. The fair and independent judicial system is protection not only the social order, but also human rights. All of us should pass a road to implementing judicial reform. During which citizens should observe of activity of justice authority and frankly state the wishes, directed on its perfection. We should enable to court to operate independently and fairly without whose that was interventions in their activity

 JUSTICE OFFICES

Do Justice in Grand Duchy is conducted  by the judges, which elected by means of elections and confirmed in a post by Grand Ducal Patent.

On behalf of Grand Duke offices of the Court of Honor cope extremely independent judges with a guarantee of stay, during execution of their legal functions connected to the Constitution and the Law.

The Court of Honor is allocated with homogeneous and indivisible powers. Structure of functioning and a legal position of judges it should be regulated by the Law. No special jurisdiction should be established, except for, as deciding right of Duke in any legal case, court examination and court order on the basis of Article 46 of this Constitution. The rules of jurisdiction concerning to the Court of Honour, are reserved in the Law.

The right of citizens authorize in the final order the disputes by arbitration trial cannot to be it is forbidden by act of legislature.

The Civil Court of Honor cannot accept the civil suit if there is no satisfaction that the parties were to intermediaries to consideration or that the claimant caused an adversary to them with a view of achievement of the agreement.

Application of the law is manufactured by judges. Judicial consequence should be public. Accused cannot be refused in assistance of the lawyer. Any person justified by lawful with a full complement  of jurymen, cannot be done again responsible or subjected to charge concerning the same case by the same court.

Nobody can be judge by civil, or by criminal law for the edition or promulgation of the composition if by jurymen it is not established and is not declared.

Any citizen of Grand Duchy can submit passing all instances the appeal or the application to the Court of Appeal concerning infringements of the Constitution and Organic laws of Duchy. A Court of Appeal not in the right to give up to them in acceptance of their appeal or the application.

All of the appeal concerning managements and business of corporations move in the Court of Appeal of Duchy directly.

Judges and the Supreme jurymen of the Court of Appeal are selected by voting for the term of equal to two years and approve by Duke.

Two times a year the Secretary of the Court of Appeal and the Secretary of Council of Justice obligated to report to Grand Duke and the Senate about issued by courts of Grand Duchy verdicts; Accompanying with each decision court a brief information on case and the text of the law on the basis of which the decision has taken place.

The representative of Ducal Chancellery of Grand Duke engaged in independent supervision of observance of laws of Grand Duchy, can be present at any sessions court and observe of observance of laws at removal and execution of verdicts court. It can observe during all investigatory manufacturing of observance of correctness of forms, and before ad judgment behind competent application of the law.

Executive act under decisions of anyone court are stated As follows:

"His Highness Grand Duke of Pinsk [a name of grand duke] and such Court, from this day [to put month, day and year completely] decided the following verdict [the verdict with reduction of names of Judges] is reproduced. To carry out the stated verdict. To judicial representatives in the performance of this verdict to render all assistance, and to each chief and the officer of all our services of the law and order to render the support to any legal requirement from their party.  In witness thereof the present verdict is signed by chairman and the court secretary with the appendix of a seal court ".

H.R.H. the Grand Duke as the Monarch [Head of State], represents a direction and the organization of work of the Court of Honor, warrants independence and corresponding functioning of the Court of Honor. All members of this Court of Honor should be citizens of Grand Duchy.

The Court of Honor has three offices: office civil, criminal and the nobiliary right. Each office has the judge. Judges make Council of Justice of Duchy [justice]. Council of Justice of the Duchy will consist of three judges chosen from citizens of Duchy, reached the twenty five years' age, understanding in Administration of justice. Chairman of Council of Justice of Duchy always is the General Public Prosecutor of Duchy - the Lord of Honor, the Active Privy Councilor of the Second Class. All decisions of  Council of Justice of Duchy should be claimed by Duke.

The Court of Appeal of Honor - is the Supreme Court of Duchy, it not submits to Council of Justice. The Court of Appeal assorts offences of Senators, Chancellors, Consuls, Services of the Law and order and high-ranking officials of executive authority, and also the crimes menacing to the general safety of the state, after removal by Duke, the Senate and the Lord-Honor who is Public Prosecutor of the decision about charge. It gathers on the basis of the leaflet of Duke.

The Court of Appeal has the right to consider complaints concerning infringement of the Constitution and General Laws of Duchy. In disposal of legal proceeding on these questions, the Court of Appeal submits to the Constitution of Duchy and Special laws in area Constitution rights. Nobody has rights to render pressure upon judges and the Supreme jurymen of the Court of Appeal. Decisions of the Court of Appeal, as well as the decision of Duke are not subject to discussion and revision.

The H.R.H. Grand Duke at means of the General Prosecutor performs legal supervision concerning Council of Justice and creates independent conditions for work of the Court of Honor that the court could carry out the duties accessible means. The Court of Honor for execution of the duties can give the project and the sketch corrected also the laws influencing legal proceedings and to report about extreme situations as the report to Chairman of Council of Justice.

The law should regulate functions and jurisdiction of Council of Justice concerning its members and executions of legal proceedings.

The post civil, criminal and cassation Judges except for judges Nobiliary Court of Honor is not compatible with any other public post, with implementing commercial, industrial or professional work.

The General Prosecutor of Duchy, Chairman of the Court of Honor, the judge civil and criminal right are appointed and removed from a post on the basis of elections by the personal Decree of Duke. Term of their powers and conditions on the right of re-election should be determined on the basis specified in Article 89.4 and Article 90.1 of this Constitution.

Chairman of the Nobiliary Court of Honor by tradition is Lord of Arms, the Head of Collegium of Heraldry of Grand Duchy.

The seat on the bench is not compatible with any other public post, with implementing commercial, industrial or professional work.

The  General Public Prosecutor –Lord-Honor and judges of the Court of Duchy for the designation into a post should accept an oath of allegiance to Duke. They cannot start the duties if not have accepted and have not signed an oath of allegiance specified in Article 108.2 of this Constitution.

According to Laws and contrary to a personal liability if there was a miscarriage of justice or on the basis of wrong legal proceedings and actions of Council of Justice, the State should recover damages, caused by their actions that does not remove a personal liability from judges.

Office of Public Prosecutor.

The Office of Public Prosecutor on behalf of the  General Prosecutor [Lord-Honor] has a commitment to observe protection of measures of charge of legal system, independence of offices boats, and also has a commitment before accepting forced measures to perform the law, the order and protection of the rights of citizens and protection of public interests.

The General Prosecutor is appointed the personal Decree of Duke from the persons having legal qualification to act as the judge. It is appointed to four years with the right of re-election. The legal position of public prosecutors should be regulated by the law and can be subject to actions of Article 89.4 and Article 90.1 of the given Constitution.

General Prosecutors perform supervision of execution of justice in Consulates. Prosecutors are selected from the citizens of the Duchy who have reached twenty five years' age, understanding in Administration of justice for the period of four years with the right of prolongation for one term and living on the location of Consulate. Public Prosecutors submit to Grand Duke and will consist members of the State Order and have a nobiliary title and a title the Collegiate Counselor of the 6 Class.

Public Prosecutors of Mark possess functions of investigatory bodies, by they are entrusted with the conducting investigations on civil and to criminal cases. Business concerning nobleman should be transferred by them to office of the nobiliary right at the Court of Honor. The protection service is entrusted to guardsmen of an order.

The Court of Honor and Office of Public Prosecutor perform supervision of activity of bodies of the public order, connected with judicial and evidences as it is stipulated by the Law.

Within the limits of the period of two months following coming into force of the Constitution, the Senate, the Government and Council of Justice should develop and submit to Grand Duke Resolution and the Status of investigation service and service of a public order of Grand Duchy.

H.R.H Grand Duke by the special Decree claims the Statuses, Rules and Norms of these services and on own initiative appoints government personnel who obligated to generate an authorized establishment of services on the basis of the Status authorized by Grand Duke.