ON STATE GUARANTEED LEGAL AID   |   111 / 2017

Article 22: Examination of the request for secondary legal aid by the court

  1. The court examines the request for secondary legal aid in compliance with the provisions of the procedural legislation and as much as possible, with the provisions of this law.
  2. The decision in connection with the request for secondary legal aid shall be taken by the competent court:

a) within 5 days from the date of receipt of the request, when the request has been submitted before initiation of the judicial proceeding;

b) during the preliminary actions or in the preparatory session before the scheduling of the judicial session/hearing, when the request for legal aid has been submitted together with the statement of claim;

c) according to the provisions of the procedural legislation and the provisions of this law, when the request has been filed during judicial examination.

  1. In cases where the applicant declares the impossibility of securing the documentation, as well as in any other case where the court values that the correction or completion of the request may be cause for delays which affect the essence of the rights of the applicant, the court may order the submission of the necessary documentation from the state administration bodies that possess it. In these cases, the request for secondary legal aid is deemed to be filed at the end of the time limit imposed by the court for presentation of the missing document by the state administration body.
  2. The Court, in compliance with the provisions of this law and the provisions of the procedural legislation, after examination of the request, shall decide:

a) Acceptance of the request for delivery of secondary legal aid;

b) Dismissal of the request for delivery of secondary legal aid.

5.The request for secondary legal aid shall be dismissed only in cases when:

a) the conditions stipulated in Article 11 and 12 of this law are not fulfilled;

b) is evidently abusive or manifestly ill-founded.

  1. The decision for the approval and dismissal of the request for secondary legal aid shall be reasoned.
  2. Against the decision of the court dismissing the request for secondary legal aid, may be made a special appeal. The appeal of the decision does not hinder the continuation of adjudication of the case.The appeal shall be made through the template form sheet approved by the Minister of Justice, which is given to the application together with the decision for the dismissal of the request.
  3. The court of appeal shall examine the case in consultation chamber and shall take the decision within 15 days from receipt of the acts. Against this decision a recourse is not permitted.
  4. The Directorate for Free-of-Charge Legal Aid may appeal the decision of the court for acceptance of the request for secondary legal aid, when it claims that this request is evidently abusive or manifestly ill-founded. In this case shall be applied the time-limits and the rules for appeal of final decisions in accordance with the provisions of the procedural legislation. Against the decision of the court of appeal is not allowed a recourse to the High Court.

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