Citizen and legal persons have rights for legal representation for the rights claimed and rights violated. There is also an understanding of representation by law in the Civil procedure. The scope of this kind of representation extends to those with no or limited legal capacity, missing and deceased persons. Therefore, the legal representation and legal aid for the indigent shall be categorized on
voluntary basis or by agreement Majorities of the people seeking free legal aid are indigent persons in the housing dispute, and are required to leave the premises or with the claim of unfair loss of jobs.
Providing free legal aid for the indigent in civil cases is regulated by the regulation on “Covering the legal aid fees for the indigent from the state budget and its accounting practices”.
Similar to the criminal case, indigent person, not capable of paying fees to the lawyer, shall inform the court about the need for legal representation and a judge shall inform the local council of advocates with the request for an advocate to represent the person. The indigent person shall obtain proof of indigence from the related soum, district, bagh or horoo governor. Judge shall, upon such confirmation, fill the form for eligibility of the free legal aid to be funded from the state budget, and deliver it to the court accountant.
An advocate for the indigent is appointed by the local aimag or city council of advocates and since there is not regulation for selecting an advocate, it is done fully by the virtue of the council. This shows that there is a violation to the rights of free selection of an advocate. Advocate provides variety of legal aid services, such as:
- Give consultation, information and research on legal matter, drafting legal documentation, give opinion on such legal documents;
- Represent at the court on civil cases;
- Provide other legal help for the needs of individuals and organizations (writing bylaws,registering corporations)
The indigent are eligible for free legal aid in the civil proceedings (initial and appeal courts). There areno restrictions in laws or in regulations to exercising these rights. However, there is no data on how the indigent use their right and opportunity in the first instance and appellate courts. It can be observed that the rights of the indigent for free legal aid are more limited at the appellate court.