Peculiarities of the participation of the prosecutor in civil proceedings for giving an opinion in some states - participants of the CIS

Authors

  • Golovko Irina Ivanovna

Keywords:

civil proceedings, prosecutor, interception, conclusion, form of participation, form of conclusion, opinion of the prosecutor.

Abstract

The article presents the results of a study of the normative regulation of the participation of the prosecutor in civil
proceedings for giving an opinion in some CIS member states (Belarus, Republic of Kazakhstan, Kyrgyz Republic, Russian
Federation). It has been established that in these countries the prosecutor has the right to intervene in order to give an opinion at
any stage of the proceedings, but the volume of cases in this category is not the same. Also different are the objectives of the case and
the grounds for participation in the case of the prosecutor, even pointing to the initiative of the court. It is concluded that the
legislator does not specify the definition of the concept “conclusion of the prosecutor”, does not define its structure and content. In
the Republic of Kazakhstan, the written form of the conclusion of the prosecutor. As a result of the study of foreign regulatory legal
acts, measures are proposed to improve the regulatory legal acts regulating the participation of the prosecutor in the consideration
of cases by the courts in the Russian Federation.

Published

2022-01-26