CURRENT ISSUES OF THE REPRESENTATION OF THE STATE PROSECUTOR'S INTERESTS IN COURT

Abstract

The article is devoted to the grounds for representing the interests of the state in court by the prosecutor. Since 2016, as a result of the implementation of constitutional reform in the field of justice, the prosecutor's office represents the interests of the state in the courts in exceptional cases and in the manner prescribed by law. The issue of representation by the prosecutor's office has recently become increasingly important, as both the number of legal disputes and the lack of protection of state interests by the relevant competent authorities are growing. Issues of a practical nature related to the implementation of this constitutional function of the prosecutor's office are becoming more and more acute, including different interpretations of "exceptional cases of representation", "public interest", "authorized subject of power" ", Which are key to establishing the existence of grounds for the prosecutor to represent the interests of the state in court. The analysis of such concepts as "exceptional cases", "inaction" of the competent authority (to protect the interests of the state), "failure to protect", "improper protection". Emphasis is placed on the fact that in case of non-exercise or improper exercise by a state authority, local government or other subject of power, which is responsible for the relevant powers, protection of state interests, as well as signs of administrative or criminal offenses. nature, if there are grounds, the prosecutor must perform the actions provided by law to initiate the relevant proceedings. All this leads to the fact that the possibility of representation of the interests of the state in court by the prosecutor increasingly acquires elements of "exclusive representation of the interests of the state in court by the prosecutor".