The question of the purpose and functions of the participation of the prosecutor in the civil process is relevant, since the idea of them helps to increase the efficiency of his activities. This article is devoted to a comprehensive study of the possibility of applying foreign experience in the prosecutor's participation in institution development in Kazakhstan civil procedure. The article used both general scientific methods of cognition – logical, analysis, and synthesis – and private scientific methods – formal legal, system analysis. It analysed the various points of view on the issue of the legal status and functions of the participation of the prosecutor in the civil process. The scientific novelty is determined by the fact that functions describe the procedural status of the subjects of civil procedure, allowing the streamlining of the multilateral procedural activities of state bodies, officials and other persons involved in civil proceedings. The practical significance of the study is determined by the fact that its results can be used for in-depth research of the functions of the prosecutor in civil proceedings.

In the article the authors gives comparative characteristics for various forms of prosecutor’s participation in civil proceedings of the Republic of Kazakhstan and Ukraine. A conclusion became a research result that both in Kazakhstan and in Ukraine the organs of office of public prosecutor play a considerable role providing of protection of legal rights and interests of citizens and state. A representative office of interests of citizens and state a public prosecutor in a court is by the major guarantee of realization of constitutional right of defence of rights and interests of all participants of legal relationships. It is set during research, that a representative office in a court is possible the public prosecutor of interests of citizens and state in forms and on the grounds set by a legislation. The legislation of Kazakhstan allows to participate to the public prosecutor in civil procedure in next forms: realization of higher supervision after legality of judicial acts that inured; behavior is with a statement (by a lawsuit); presentation of conclusion and solicitors in relation to judicial acts, that did not inure, entering of public prosecutor into a process in quality of defendant or third person. What touches the legislation of Ukraine, then the forms of participation of public prosecutor in civil procedure are: address to the court with the point of claim; participating in consideration of businesses, realization after that it is begun both on a lawsuit a public prosecutor and after the points of claim of other persons; an appeal is in the appellate and appeal order of businesses that were considered in a trial court; idea of statement about the judicial second thought in connection with new and by exceptional circum-stances.