Institute of Prosecutor's Participation in Civil Proceedings: Problems and New Approaches in Legal Regulation

Abstract

The issues of creating norms regulating the participation of the prosecutor in the civil process are highlighted. As a result of the analysis of the shortcomings of the legal technique of the current norms and the problems of their application, the conclusion is formulated about the need for their significant processing. However, the study of recent legislative changes demonstrates the formal approach of the legislator regarding the participation of the prosecutor in civil proceedings. The legislator does not pursue the goal of eliminating existing problems. The author comes to the conclusion that the changes complicate the construction of the norms regulating the entry of the prosecutor into the process that has already begun and do not eliminate the existing problems. The purpose of the legislator is to greater effect of the activities of the executive power in certain areas using the mechanism of participation of the prosecutor in civil proceedings. The involvement of the prosecutor in the process of new categories of cases again depends on the discretion of the court. As a result of such superficial, not based on established practice, changes in civil procedural legislation, it is possible to raise the question of a new form of participation of the prosecutor in civil proceedings. Granting the prosecutor, a new procedural status will require the revision of the rules on the principles of adversarial and procedural equality of the parties. The preparation of such a bill, in addition to using special rules of legal technique, will require close cooperation between the legislative, judicial authorities and the Prosecutor’s Office of the Russian Federation.