Reasons and legal consequences of expanding the powers of the prosecutor in civil and arbitration proceedings

Abstract

The article is devoted to the study of the issue of the causes and legal consequences of expanding the powers of the prosecutor in civil and arbitration processes, the study of contradictions in the legal regulation of this institution, the study of the problems of its application in judicial practice. In the course of the analysis, the author addresses questions about the relationship between the forms of participation of the prosecutor in civil and arbitration proceedings, the nature of the powers that the prosecutor is currently vested with in both processes, the right of the prosecutor to appeal against judicial acts issued in the new categories of cases listed in Part 2 of Art. 4 tbsp. 45 Code of Civil Procedure of the Russian Federation and part 5 of Art. 52 of the Arbitration Procedure Code of the Russian Federation, on the right or obligation of the prosecutor to intervene in the process, etc. The article contains proposals for improving the legislation, in particular, the author proposes to unify the forms of participation of the prosecutor in both processes, to give the prosecutor the right to join the process when the courts consider cases listed in Part 5 of Art. 52 of the Arbitration Procedure Code of the Russian Federation, in order to give an opinion on its own initiative or on the basis of a court ruling, to give the prosecutor in both processes the right to file an application for review in connection with the emergence of new and newly discovered circumstances of judicial acts issued in cases provided for in Part 4 of Art. 45 Code of Civil Procedure of the Russian Federation and part 5 of Art. 52 of the Arbitration Procedure Code of the Russian Federation, as well as other thoughts and assumptions about the causes and legal consequences of expanding the powers of the prosecutor in civil and arbitration processes.