The participation of the prosecutor in the civil procedure is provided for by procedural legislation and other laws of federal significance. The specified official may apply to the court or enter into consideration at any stage. The participation of the prosecutor in the civil process takes place if the protection of civil rights requires this circumstance . The powers of this official are secured by relevant legislation.
The participation of the prosecutor in the civil process provides for the right of the specified person to file an application with the court regarding the requirement to protect the interests, rights, freedoms of the country, people of an indefinite circle, citizens, entities, municipalities. An application for the protection of the rights, freedoms and interests of a citizen may be submitted if the citizen himself cannot appeal to the court for health reasons, incapacity, age and other valid reasons.
The participation of the prosecutor in the civil process provides for the submission of opinions on the reinstatement of work, compensation for damage caused to health or life, eviction, as well as in other cases provided for by law. The absence of an official notified of the place and time of the proceedings shall not be considered an obstacle to consideration.
According to the provisions of the new Code of Civil Procedure, the prosecutor is given the right to participate in the consideration of cases to give opinions only in minor cases, which are enshrined in the Code and federal laws. Moreover, earlier the law allowed an official to enter any proceedings at any stage. The current rules also exclude the possibility of involving a prosecutor in the consideration of cases on a judicial initiative. It should be noted that this was previously used in the case when the case was of a certain complexity or relevance. The right of the prosecutor to participate in the case on his own initiative is also excluded from the existing law. This is especially true in cases where citizens themselves turn to the indicated official in the course of an already initiated case, but at the same time they do not trust a particular court to consider their case.
The main forms of participation of the prosecutor in the civil process, therefore, are joining the proceedings in cases established by law and initiating proceedings.
The initiation of proceedings is carried out:
1. Filing a lawsuit in the first instance.
2. The submission of the submission to the second instance.
3. Filing submissions on the review of court rulings and decisions that have entered into force. In this case, the application is submitted to the supervisory authority.
When initiating proceedings, the prosecutor files a lawsuit in accordance with the general requirements established by law. The official in this case enjoys all the rights and is vested with all the plaintiff's obligations enshrined in the Code. An exception is the right to conclude peace agreements and the obligation to pay legal costs.
It is the duty of the prosecutor to comply with the procedure for going to court established by law. The official is also obliged to respond to the mistakes made by the court. Unreasonable and illegal decisions (decisions) in the cases under consideration may be appealed in the appropriate manner. The cassation submission of the prosecutor is brought to decisions that have not entered into force. This provision applies to orders of all courts except world courts. The decision of the magistrate court may be appealed on appeal, for which appeal is brought. If the deadline for submitting a protest is missed for a good reason, the official has the right to apply to the body that issued the decision or decision with a request to restore the deadlines, indicating the reason for the omission.