REASON AND CONDITIONS OF THE PUBLIC PROSECUTOR’S OFFICE REALIZATION OF REPRESENTATION FUNCTION IN THE COURT
Journal Title: Вісник Одеського національного університету. Правознавство - Year 2016, Vol 21, Issue 1
Abstract
The article highlights the results of theoretical and legal search towards finding out the essence of the concepts of «reason» and «conditions» in the context of setting preconditions for realization of the prosecutor’s office function of representation of interests of the citizen or the state in the court. Found that the basis prosecutor’s office function of representation of interests of the citizen or the state in the court consist of normative and actual constituents and appropriate conditions for realization of the prosecutor’s office function of representation of interests of the citizen or the state in the court proposed to include: condition of subjective membership; condition of defect of legal protection mechanism for the public interest; condition of jurisdictional authorizing of public prosecutor’s office representation in court; condition of «quasi-suitor» status for prosecutor, if confirmed by the court grounds of representation. The main factor – the basis on which all activity of prosecutor’s office of Ukraine is based is the task of realization of the constitutional functions for the purpose of protection of the rights and freedoms of the person, interests of society and the state. Therefore, in this case it is about a standard legal ground of representation prosecutor’s office of interests of the citizen or the state in court. However, despite importance of a standard component, it is necessary, but insufficient. This basis can be recognized as the purpose basis, however without existence of the real actual basis the mechanism of realization of function of representation cannot be “started”. Therefore, according to the author, prosecutor’s office of interests of the citizen or the state in court it is necessary to understand potentially existing threat or the fact of defeat of public interest as the actual foundation of representation. At the same time the author understands such its state at which it suffered (or can suffer) the narrowing or destruction or when the legal mechanism of its realization and/or protection was narrowed or destroyed as “defeat” of such public interest. The fact that such state has to be caused, as a rule, by guilty illegal behavior is important here too. Giving of the status of “quasi-party” of process to it has to become one of conditions of effective representation the prosecutor of interests of the citizen or the state in court. The author pays attention that confirmation by court of existence of the bases for representation at the same time means establishment and confirmation by court of the fact of non-execution or inadequate execution by lawful representatives of interests of the citizen or the state of the obligations for their protection for this reason the prosecutor initiates production for the benefit of the corresponding citizen or the state and, in case of confirmation by court of existence of the bases for representation, uses procedural powers of the relevant party in process. According to the author, in such conditions only the prosecutor on such affairs has to act as the representative of interests of the citizen or the state, acquiring the procedural status of “quasi-party” of process. As the admission in process of representatives who do not execute or it is inadequate fulfill the duties on protection of interests of the citizen or the state that is confirmed with court, in case of the admission of the prosecutor in process as the participant who uses procedural powers of the party, it seems unjustified and leads to the procedural indemnity competition
Authors and Affiliations
M. M. Stefanchuk
Keywords
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