The Institute of Prosecutor’s Participation in Administrative Matters in Courts: From the Imperial Period to the Present

Abstract

The paper describes the main historical periods of the development of the institution of the participation of the prosecutor in administrative cases in courts. From the historical analysis of the powers of the prosecutor, the author concludes that the administrative proceedings, in which the prosecutor took an active part, have always existed, but took different forms. An analysis of the legislation and opinions of scientists of the Russian Empire period in comparison with modern legislation and legal concepts allows us to highlight the best from the past and move it to the modern legal field. The powers of the prosecutor in administrative proceedings currently include the provisions of the legislation of the Russian Empire and the Soviet period, however, they require additional reflection based on historical experience. As a result, the author concludes that, without taking into account the historical past in terms of the institution of the participation of the prosecutor in administrative cases in courts, it is currently impossible to develop and improve the powers of prosecutors in administrative courts.