The legal status of the prosecutor in modern civil proceedure

Abstract

The constitutional reform in the sphere of justice and further reform of civil procedure legislation are aimed at improving the efficiency of civil proceedings and bringing it into line with international standards of fair justice, which resulted in significant changes in the legislative regulation of classical civil procedures, as well as the introduction of new institutions of civil procedure law.

The article presents a detailed analysis of modern legislation, which regulates the issue of the legal status of the Prosecutor in civil proceedings, the provisions of judicial practice and scientific doctrine are studied thoroughly. The author focuses on the novelties of the domestic legislation governing the legal status of the prosecutor in the civil process, in particular, the author analyzes the provisions of both special and general legislation with the argument of negative or positive changes. The basic rights and obligations of the prosecutor are determined in accordance with the latest civil procedural law.

The legal status of the Prosecutor in civil proceedings is determined by the relations of functional procedural proxyship, when the Prosecutor may stand for the state or an individual, subject to the preliminary confirmation by the court of the existence of reasonable grounds for the participation of the Prosecutor in civil proceedings. The reform of the judicial system in Ukraine provides for a narrowing of the powers of the Prosecutor’s office to participate in civil proceedings and is aimed at preventing the formation of a privileged procedural status of the Prosecutor in civil proceedings. Consequently, the narrowing of the legal status of the Prosecutor in civil proceedings corresponds to the principle of dispositivity in civil proceedings