Forms of a prosecutor’s participation in civil process: comparative characteristics of legislation of Republic of Kazakhstan and Ukraine

Autor: Maryna Yunina, Adil Alibekov
Rok vydání: 2020
Předmět:
Zdroj: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav. 4:125-134
ISSN: 2078-3566
DOI: 10.31733/2078-3566-2020-4-125-134
Popis: 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.
Databáze: OpenAIRE