Procedural Aspects of the Involvement of the Prosecutor in the Arbitration Process

Abstract

The guarantee of judicial protection of the rights and freedoms of a man and citizen is a fundamental basis of any rule of law. With the development of public relations, rapid development of the economy in a State, the growth of civil turnover became inevitable and, consequently, so did the occurrence of situations in which the rights and legitimate interests of individuals and legal persons engaged in household economic relationship are violated. The implementation of norms of substantive law and protection of rights and interests of entrepreneurial and other economic activities takes place through the arbitration process. In the light of the ongoing transformations in the judicial system of the Russian Federation, the issues of economic justice and the role of the Public Prosecutor's Office do not lose relevance. Constant improvement of the procedural legislation is an important mechanism that ensures efficient handling of economic disputes by arbitration courts. Participation of the Prosecutor in the arbitration process is an important direction of the judicial activity. The degree of the improvement of the judicial system, changes in the structure, role and status of the court, improvement of legislation on the participation of the Prosecutor in the arbitration process, its conformity with the particular realities of society and the State largely determines the efficiency and essence of justice 19 . The article reveals the concept and content of the legal regulation of the participation of the Prosecutor in the arbitration process. The author focuses on the depth of research of the problem in the period from 2002 up to now, pointing to the norms of procedural law and the orders of the Prosecutor General of the Russian Federation on this issue. A special attention is given to the powers of the Prosecutor in the arbitration process. The analysis of the practice of the participation of the Prosecutor in the arbitration process allows the author to make conclusions on specific ways to improve the existing legislation.