Некоторые проблемы участия прокурора в цивилистическом процессе

Abstract

The article raises the problem of the prosecutor's participation in the so-called «civil process». It is shown that in the framework of civil and arbitration proceedings, a significant number of cases are considered in which the subject of protection is the state interest. At the same time, traditionally, the participation of the prosecutor in the judicial review and resolution of civil cases is reduced to two forms: initiative (initiation of proceedings) and participation in the case for giving an opinion. The scientific literature usually focuses on the fact that in any case, the prosecutor does not protect the interests of a particular person, but implements the function of supervising the legality, including initiating civil cases and participating in them. However, when the State is a party to the case, and the subject of protection is the state interest, the procedural status of the prosecutor should be different. His role in the consideration and resolution of civil cases is similar to the role of the plaintiff, and in this case, being part of the state apparatus, its official, he acts not as a «procedural plaintiff», but as a participant in a legal conflict. It is proved that in civil cases with the participation of the state, the prosecutor should be considered as a «full-fledged» party in the case, with the granting of the whole complex of procedural rights, including special (administrative) rights. The current procedural and legal regulation of the status of the prosecutor's opinion in the civil process, the lack of the prosecutor's right to initiate proceedings in the arbitration court in defense of the rights and interests of subjects of entrepreneurial and other economic activity is criticized. In modern conditions, the interests of protection and state support of entrepreneurship require that small and medium-sized businesses, peasant (farmer) farms and other entities engaged in entrepreneurial and other economic activities can exercise their constitutional right to receive qualified legal assistance. At the same time, the Prosecutor's office should monitor compliance with the legislation regulating entrepreneurial activity, including when considering cases in court. Proposals have been made to improve the current procedural legislation in terms of improving the procedural and legal position of the prosecutor in arbitration and civil proceedings, as well as giving him the legal status of a party in cases involving the state.