USLUGE BESPLATNOG PUNOMOĆNIKA U PARNIČNOM POSTUPKU

Abstract

The Law on Civil Procedure stipulates that the court may grant a party the right to a free attorney under certain conditions. The services of a free attorney can be used by a party who is completely exempt from paying litigation costs (on the basis of indigency) and when the court deems it necessary in order to protect the party’s rights. The court does not appoint a fee attorney ex officio, but only at the request of the party, when determined legal conditions are met cumulatively, so the paper analyzes the legal provisions on the conditions and the way of exercising the party's right to be represented by a free attorney in litigation proceedings and to exercise the right to legal, efficient and effective protection. The free attorney is appointed and dismissed by the president of the court in order from the list of lawyers. However, the legal position of the attorney appointed by the court for the party is completely different from the legal position of the party's proxy.