INTEREST AS A COMPONENT OF PROSECUTOR'S POSITION PARADIGM IN CIVIL PROCCEDINGS

Abstract

Since Ukraine gained independence, civil procedural legislation has been constantly transformed. The latest edition of the Civil Procedure Code of Ukraine (hereinafter – CPC of Ukraine), which was adopted in 2017, is also periodically supplemented with new provisions according to today's needs. All institutions underwent changes, including the legal personality institution. Not only traditional names of groups of subjects of civil procedural legal relations have been changed, but also their division has been carried out in a new way, by removing representatives from the participants in the case (persons participating in the case), the corresponding groups have been supplemented with new participants, the rights and obligations have been adjusted connections, conditions of their implementation, etc. Such transformations in part of the legal regulation of legal personality were influenced, first of all, by the nature of the interest of a certain participant in the legal process. Among all the participants in the judicial process in civil proceedings, a specific position has always been held by bodies and persons who are granted the right to appeal to the court in the interests of other persons, who are called to express the will of the state in the civil procedural sphere. Legislator includes many subjects to such bodies, for each of which the law provides for appropriate forms of participation in civil proceedings, which is related to the performed functions in the field of protection of civil rights, freedoms or interests. The prosecutor's office is part of such bodies. The court practice analysis shows the active role of the prosecutor's office in civil proceedings, especially in cases that have a specific social and state significance. However, prosecutorial activity is not always perceived as corresponding to the ideology of competitive civil justice. In some cases, the prosecutor's office unjustifiably takes over the functions of state authorities, local self-government bodies in the context of filing lawsuits, interferes in the course of civil proceedings, etc. Therefore, existing theoretical and practical problems related to the civil procedural position of the prosecutor objectively require scientific analysis, conclusions and proposals aimed at optimizing the protection of civil rights, freedoms and interests with the participation of the prosecutor. The proposed study reveals the content of one of the fundamental components of the position of the prosecutor's office in civil proceedings – interest. Attention is drawn to the lack of scientific research in this direction, while the nature of interest depends not only on the regulation of legal personality by civil procedural legislation, but also on the specifics of prosecutorial representation and methods of its implementation. A certain inconsistency of the provisions of Article 1311 of the Constitution of Ukraine with the provisions of Part 2 Article 2, Article 23 of the Law of Ukraine "On the Prosecutor's Office" and Articles 56, 57 of the CPC of Ukraine, with the provisions of by-laws, and, hence, the basis of views or conclusions in the civil procedural doctrine is demonstrated on the nature of the prosecutor's interest in civil proceedings.