CONCERNING PARTICIPATION OF THE PROSECUTOR IN THE CIVIL PROCESS (SEPARATE ASPECTS)
Journal Title: Правова держава - Year 2016, Vol 21, Issue
Abstract
This article is devoted to the complex research of the prosecutor’s participation in the civil process. Based on the analysis of norms of national legislation, the main doctrinal approaches and law enforcement practices, was identified and analyzed the legal status of the prosecutor in the civil process, forms and grounds the prosecutor’s participation in civil proceedings. The special attention is devoted to changes of the norms of civil procedural law, that touched the participation of the prosecutor, as well as providing a draft of amendments to the Constitution of Ukraine represented by the Working Group on questions of the justice. During the research of the legal status of the prosecutor in civil proceedings was determined that the prosecutor in civil process – is an independent subject of civil legal proceedings, which performs the function of representation in the court to protect the rights, freedoms and interests of individuals or the state. Prosecutor participates in civil proceedings in the two procedural forms: the opening of the proceedings; entry into the process initiated at any stage of its consideration. Grounds for the prosecutor’s participation in civil proceedings, clearly defined by norms of law, and in comparison with the previous legislation on Procuracy, the prosecutor is limited by grounds of participation in civil proceedings.
Authors and Affiliations
N. V. Volkova
Keywords
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