Participation of the prosecutor in the consideration of special proceedings in the light of the provisions of the 1993 Minsk convention

Authors

  • Golovko Irina Ivanovna

Keywords:

special proceedings, prosecutor, Minsk Convention 1993, foreign citizen.

Abstract

The consideration by the courts of cases of special proceedings is regulated by Russian legislation and
international regulatory legal acts, which must be taken into account by the court and the prosecutor participating in the
consideration of cases of this category. The prosecutor participates in the consideration of cases of this category by the
court both in the case of filing an application with the court and by entering into the case to give an opinion. Regardless
of the form of participation in the case, it is necessary to pay special attention to the citizenship of the parties. Attention
is focused on the provisions of the 1993 Minsk Convention, which is fundamental for the CIS member states in civil
cases, including in civil cases of special proceedings. It is important to take into account that the Russian Federation and
some CIS member states have concluded bilateral agreements in the field of civil proceedings, which have priority over
the 1993 Minsk Convention. The study of judicial practice made it possible to identify violations committed by the
courts in the course of legal proceedings

Published

2022-01-27