The Prosecutor as a Subject of Prosecution in the Civil Procedural Order

Abstract

Based on the results of the study of federal regulatory legal acts and judicial practice, the author of the article substantiates the conclusion about the advisability of applying the concept “prosecution” to the activities of the prosecutor participating in hearings in civil-law cases. At present, only criminal prosecution by the prosecutor is enshrined in Article 37 of the Criminal Procedure Code of the Russian Federation. There are research works that justify administrative prosecution by the prosecutor. With regard to the prosecutor’s participation in the consideration of cases by courts outside of criminal proceedings, the issues of defining the role of the prosecutor as a subject of prosecution have not been raised in research. However, in connection with the enactment of laws on anti-corruption, on the reversion of civil servants’ property to the government, the issues of understanding the role of the prosecutor involved in civil proceedings acquire particular importance. In addition, civil liability has been established for offenses, e.g., in the form of liquidation of a legal entity by a court decision issued at the request of the prosecutor. The prosecutor is empowered to initiate the consideration of a case by the court upon the request to bring the perpetrator to civil liability, and the practice of considering such cases by the courts is being formed. In this regard, it is necessary to investigate the identified problem. The aim of this study was to analyze the approaches in the science of prosecutor’s activities, to form a conception of the prosecution by the prosecutor of persons who, according to the prosecutor, are guilty of committing an offense in the consideration of cases by courts in civil proceedings. As a result of the study, the features of the prosecutor’s participation in anti-corruption cases in civil proceedings that characterize the prosecutor’s activities as the prosecution of persons accused – by the prosecutor – of committing corruption offenses have been established. Attention has been drawn to other categories of civil cases in which the prosecutor also conducts prosecution. It has been emphasized that the prosecution is conducted only if the prosecutor applies to the court with a statement of claim, but not in the case of joining the case to give an opinion. The conclusion is made that there are theoretical and legal preconditions for separating the prosecution by the prosecutor in the civil procedural order. The established patterns and findings are aimed at ensuring the unity of approaches to defining the aims and objectives of the prosecutor’s activities in diverse directions, which contributes to increasing the efficiency of the prosecutor’s activities as a whole.

Termination of Criminal Prosecution in Cases of Violence Against a Government Representative: Comparative Analysis of Judicial Practice

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Аннотация. 1 Целью статьи является сравнительный анализ судебной практики прекращения уголовного преследования по делам о применении насилия в отношении представителя власти (ст. 318 УК РФ), выявление проблемных ситуаций в данной сфере.

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