The Place of the Prosecutor in the System of Ensuring the Balance of Interests of the State, Society, Economic Entities and the Rights of Citizens in Arbitration Proceedings

Abstract

The subject of the study is a retrospective of the legislation regulating the issues of ensuring the participation of the prosecutor in arbitration proceedings. The prerequisites for the formation of the norms of the legislation on the Prosecutor’s Office of the Russian Federation are investigated. The author considers the issues of expanding the scope of powers of the prosecutor in this area at the present stage of development of the prosecutor’s office. Based on the analysis of recent changes in the current legislation, as well as bills submitted for consideration to the State Duma, the need for a systematic approach to the formation of norms governing the participation of the prosecutor in arbitration proceedings is shown. Attention is drawn to the controversial nature of the position of the Supreme Court of the Russian Federation regarding the possibility of a prosecutor joining an arbitration case on the bankruptcy of an individual in order to give an opinion. The necessity of fixing the status of a representative of the interests of the state and society for the prosecutor in arbitration proceedings is substantiated.