CURRENT PROBLEMS OF PARTICIPATION OF THE PROSECUTOR IN THE CIVIL PROCESS
DOI:
https://doi.org/10.17721/1728-2195/2025/1.129-9Keywords:
prosecutor, court, civil process, uncertainty of status, representation of the interests of the state, cases of compulsory provision of psychiatric care to a personAbstract
Background. The study is devoted to the current issues of determining the legal status of the prosecutor, the grounds and forms of his participation in civil proceedings, the uncertainty of his powers, rights and obligations in the current Civil Procedure Code of Ukraine. The role of the prosecutor as a participant in the judicial process is analyzed. In particular, attention is drawn to the imperfection of the definition of the functions of the prosecutor. Separately, the problems arising from the unclear legal status of the prosecutor in civil cases, as well as the imperfection of the legislative norms regulating his participation in the process, are considered. Ways of improving legal regulation are identified. The article aims to promote the development of scientific research in this area and increase the level of legal awareness among lawyers.
Methods. The article uses dialectical, formal-logical and comparative methods, which contributed to a comprehensive study of the status of the prosecutor in civil proceedings.
Results. The categories of cases in which a prosecutor may participate have been established, namely cases arising from land legal relations, cases arising from family legal relations, as well as cases of separate proceedings – on the provision of psychiatric care to a person in a compulsory manner and cases of adoption. Particular attention was paid to the analysis of judicial practice, as a result of which problems related to uncertainty in the role of the prosecutor in carrying out the function of representing the interests of the state in court were identified. And proposals are set out for improving civil procedural legislation to ensure more effective participation of the prosecutor in civil proceedings, in particular, clarifying his procedural status and defining clear powers in the judicial process.
Conclusions. As of today, there are significant problems associated with the role of the prosecutor in civil proceedings, in particular, the legislative uncertainty of his status and the presence of conflicts in the legislation related to his participation in the judicial process. In view of this, it is proposed to make appropriate changes to the legislation in order to improve the participation of the prosecutor in civil proceedings in Ukraine.
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