Participation of the prosecutor in the civil process

Participation of the prosecutor in the civil process is provided for by procedural legislation and other laws of federal significance. The said official may apply to the court or enter into consideration at any stage. Participation of the prosecutor in the civil process takes place if this circumstance requires the protection of civil rights. The powers of this official are fixed by the relevant legislation.

Participation of the prosecutor in the civil process provides for the right of the person to file an application with the court related to the requirement to protect the interests, rights, freedoms of the country, persons of an indefinite circle, citizens, subjects, municipal formations. An application for the protection of the rights, freedoms and interests of a citizen may be filed if the citizen himself can not apply to the court for health reasons, incapacity, age and other valid reasons.

Participation of the prosecutor in the civil process provides for giving them conclusions on reinstatement at work, compensation for damage caused to health or life, eviction, as well as in other cases provided for by law. The failure of the official to be notified of the place and time of the proceedings is not considered an obstacle to consideration.

According to the provisions of the new CCP, the prosecutor is given the right to participate in the examination of cases for giving conclusions only in minor cases, which are fixed in the Code and federal laws. At the same time, earlier the law permitted the entry of an official into any proceeding at any stage. The current regulations exclude the possibility of involving the prosecutor in the consideration of cases on the judicial initiative. It should be noted that this was previously used when the case presented a certain complexity or urgency. Excluded from the existing law and the right of the prosecutor's participation in the case on his own initiative. In particular, this applies to cases where citizens themselves apply to the said official in the course of an already initiated case, but they do not trust a certain court to review their case.

The main forms of participation of the prosecutor in the civil process, therefore, are entering into proceedings in cases prescribed by law and instituting proceedings.

The initiation of the case is carried out:

1. Submission of the claim to the first instance.

2. Submission of the submission to the second instance.

3. Submission of a submission on the revision of the definitions and decisions of the court that have entered into force. The filing of an application is then made to the supervisory authority.

When a case is opened, the prosecutor files an action in accordance with the general requirements established by law. The official at the same time enjoys all the rights and is vested with all the duties of the plaintiff, as enshrined in the Code. An exception is the right to conclude peace agreements and the obligation to pay court costs.

The duty of the prosecutor is to comply with the procedure for applying to the court, established by law. The official must also respond to the admissible errors of the court. Unjustified and unlawful decisions (decisions) on the cases in question can be appealed in the appropriate order. Cassation representation of the prosecutor is brought to decisions that have not entered into force. This provision applies to decisions of all courts other than the world. The decision of the world court can be appealed in the appellate order, for which an appellate representation is brought. In case of missing the deadline for filing a protest for a good reason, the official has the right to apply to the body that issued the decision or determination with a request for restoring the deadline, specifying the reason for the pass.