Prosecutor in civil proceedings

Abstract

This study highlights the legal aspects of the prosecutor's participation in civil proceedings. In particular, the legal status of the prosecutor in accordance with national legislation was analyzed, his necessary participation and general, special powers were singled out. In addition, some major innovations in the current legislation on the legal status of the prosecutor are highlighted. This chapter focuses on the place of the public prosecutor in common law and civil law jurisdictions. It first describes the institutional positioning of public prosecutors, particularly vis-à-vis the executive power, before discussing their role and powers in regard to the pretrial phase. The legal system of Ukraine is based on the framework of civil law, and belongs to the Romano-Germanic legal tradition. The main source of legal information is codified law. Customary law and case law are not as common, though case law is often used in support of the written law, as in many other legal systems. Historically, the Ukrainian legal system is primarily influenced by the French civil code, Roman Law, and traditional Ukrainian customary law. In this article is described changes in process of civil law and partipation of prosecutor. Also I can say, that a lot of students think that prosecutor work only in criminal cases. Civil law regulates the everyday life of citizens and other legal entities, such as corporations. The main code of Ukrainian civil law is the Civil Code of Ukraine. It comprises provisions governing ownership, intellectual property rights, contracts, torts, obligations, inheritance law, and the definition of legal entities. The code introduces new types of business contracts into the legal practice, including factoring, franchising, rent service, and inherited contracts. Civil litigation is governed by the Civil Procedural Code of Ukraine. In this article we can se how prosecutors can take a part in civil process in Ukraine. Prosecutors are typically lawyers who possess a law degree, and are recognized as legal professionals by the court in which they intend to represent society.