Pravo na besplatnog punomoćnika u parničnom postupku

The representation based on free legal aid in Serbian Civil Procedure is regulated by the Act on Free Legal Aid (ZBPP, 2018) and the Code of Civil Procedure (ZPP, 2011). Additionally, several international conventions govern this matter, which adds to the complexity of the system. However, free legal aid is important for ensuring the right to access justice. Therefore, analysing the conditions for receiving a legal aid lawyer is important, particularly the relationship between the ZBPP and ZPP. Another key issue is the availability of free legal aid in proceedings before the Supreme Court, where parties must be represented by a lawyer. Finally, there are different opinions on the legal basis for representation by a legal aid lawyer — whether it is determined by the party’s will or a court decision. Depending on the response to that issue, a claim might be dismissed if an unauthorised person represents the party.