The participation of the prosecutor in the civil and arbitration process is a specific situation in modern justice, not so long ago a number of controversial issues even attracted the attention of YOU, on the basis of which several explanations were issued regarding such activities. It is taken into account: it is customary for a prosecutor to name a person who is actively participating in the procedure and has a specific status and powers that are granted to him because of his involvement in the prosecutor's office. The same are justified and powers arising from official status. The particularities of the participation of the prosecutor in the arbitration process are determined by the prosecutor’s constitutional function, namely the need for systematic supervision of compliance with the provisions of the law.
General aspects
In the past few years, in our country, human rights protection has been subordinated to a number of principled positions that limit the ability of an official. The situation is related to the arbitration court: in this instance, the authority of the official representative is absent. According to the established norms of the Code of Administrative Offenses of the Russian Federation, the participation of the prosecutor in the arbitration process is subordinate to the institution providing the dispatch of human rights. The authority is equally empowered to control the behavior of all other entities involved in the paperwork.
The articles of the agro-industrial complex, introduced by legislative documents of title, contain a detailed listing of clerical situations where the prosecutor becomes a participant. All these legal conflicts are associated with ensuring a high level of protection of state interests, as well as regional, district, municipal. The prosecutor takes part in the arbitration process as a person called to defend the interests of municipalities, a certain legal entity, if its fund, capital is partially formed with state participation. In addition, if a municipal unit invested its part in the authorized capital, the prosecutor has the right to take part in the process affecting this legal entity.
Rules, Orders
The provisions of the agro-industrial complex, their wording are such that for a number of persons (especially without special education) they cause bewilderment. The prosecutor is the performer of the obligation to be a defender, but he is unconditionally subordinate to the arbitration human rights court. Participation in the arbitration process by a public prosecutor of public authorities allows you to protect public interests, public. He is entrusted with the analysis of complex paperwork, if it belongs to the class in which the prosecutor has legal authority to become a party to the arbitration. The aforementioned obviously shows: the orientation of prosecutorial activity, previously introduced by law, in fact remains in arbitration, as opposed to strict legal regulation of the participation of the prosecutor in the arbitration process.
During the meeting, the prosecutor becomes a person whose activities are determined by the availability of an official certificate. The right to this is possessed not only by the officials of the federal subjects, but also by a number of equated to those. In addition, the participation in the case of the prosecutor in the arbitration process may be replaced by the participation of a representative - deputy official.
Question Features
In a number of cases, the arbitration was provoked by a lawsuit that the prosecutor filed with the court of another federal subject. In this case, you must first send a notification of the claim in the prescribed manner, as well as take care of ensuring the participation of prosecutors in the arbitration process, including the representative of the federal subject in the direction of which the appeal has been generated. The claimant is responsible for providing copies of all important case documentation. It is also mandatory to send a notification to the arbitration court.
The presence of notifications established by the legal procedure becomes the fulfillment of the requirements for ensuring the participation of prosecutors in the arbitration process and allows all interested parties to become participants in the process present directly at the arbzess meeting.
Hierarchy and orders
If there is a certain lawsuit filed by the prosecutor, regarding which a judicial act was passed, and then a cassation complaint was formulated, then at least two officials should take part in this process: who filed the lawsuit, as well as the official representative of the federal subject where the arbsud is located. An alternative is the deputy prosecutor.
Considering the problems of the participation of the prosecutor in the arbitration process, it is necessary to mention such an important subordinate fact: if the case is subject to transfer to the SAC, then such an appeal can only be formulated by the prosecutor general. It can be replaced by direct substituents. No other officials have similar powers in the current hierarchical system of state duties.
Arbitration: when to go?
All options when it is possible for the prosecutor to participate in the arbitration process are clearly spelled out in the current laws of our country. There is also an exhaustive list of those situations when the prosecutor has a chance to send an appeal to the appropriate court. Appropriate opportunities arise when public legal relations, including legal and administrative, become the subject of a dispute. At the stage of the initiation of the trial, the participation of the prosecutor in the arbitration process is reduced to the formulation of an application for the revision of regulatory documents, non-regulatory legal positions. The official grounds for the participation of the prosecutor in the arbitration process are the upholding of positions related to compliance with legal provisions. This also applies to the state authorities of the country, as well as individual federal entities. The prosecutor participates in a process in which the interests of both the government and private, legal entities involved in entrepreneurship or an economic form of activity are affected.
The application within which the process is initiated should be considered by the arbitral tribunal according to the rules prescribed in the agro-industrial complex in the second chapter. In addition, it is important to comply with the requirements of the second part of the 192nd article of the same country code. In particular, it expressly states here that the participation of the prosecutor in the arbitration process as part of the contest of regulatory documents determines the right to use the possibilities of arbitration by sending an application here in the established form. The prosecutor has the right to demand that the controversial document be declared invalid if, as a whole, some part does not comply with the accepted legal standards. Also, in the framework of the participation of the prosecutor in the arbitration process, it is possible to appeal to the rights of individuals engaged in economic activity and business regulated by law.
And if more?
The agro-industrial complex in the 24th chapter tells about how it is necessary to consider and in what order to respond to the statement formed by the prosecutor. The prosecutor must argue his position: for what reason he believes that the obligations imposed on certain persons impede their normal activities.
The forms of participation of the prosecutor in the arbitration process that are possible in accordance with the laws in force have one very important limitation: in fact, an official can hardly initiate a lawsuit. There are only two exceptions: if a transaction is considered to be a controversial one, which can be recognized as null, void, disputable, and also if it is necessary to eliminate the consequences of concluding a void transaction.The forms of participation of the prosecutor in the arbitration process are also limited by the participants: he can file a lawsuit only if one of the parties to the transaction is the state power of our country in the person of a certain body or it was a body of municipalities, the authority of the federal subject. Also, the powers of the prosecutor extend to litigation with void transactions in which municipal, unitary, state enterprises, institutions and those legal entities took part, the fund or the authorized capital of which was created with the participation of state representatives.
What to look for?
The forms of participation of the prosecutor in the arbitration process are measures to protect the interests of public, legal. At the same time, in strictly limited cases, the official has the right to initiate a civil case. To do this, one of the above grounds must be fulfilled, that is, one of the parties to the transaction must belong to the listed list. At the same time, with the fact of the existence of an insignificant transaction, as well as controversial from the point of view of the law, but committed without the participation of state representatives, the prosecutor can do nothing: he has no right to go to the arbitration court.
Bankrupt and Arbitration
The prosecutor obtains specific rights when a person registered by a credit company is insolvent. It is the prosecutor who sends the claim to the arbitration, asking him to consider the situation and declare the target person bankrupt.
In this case, the official has not only the right to initiate legal proceedings, but also become its direct participant. This also applies to the cases described above: if the prosecutor initiated a case, he can be his active figure. Entry is allowed at various production stages. The prosecutor has the right to file a protest with the court and start the proceedings: cassation, appeal or supervisory review.
Rights, Obligations, Law
The case begins: the official filed a lawsuit in the Arbitration Court, therefore, he is assigned the corresponding duties, however, along with them they receive the rights laid down by law to the plaintiff. When a statement is sent to the Arbsud, the prosecutor receives all the rights of the plaintiff, without encountering restrictions provoked by the post. There is only one exception: it does not bear the obligation of settlements on expenses of a human rights institution.
At the same time, the judicial law of our country contains standards, from which it follows that the prosecutor is an independent figure, and not just the plaintiff. Comments on the agro-industrial complex contain conclusions: in some cases, the case can be considered without a plaintiff. In the case when the lawsuit is formed by the prosecutor, this is impossible. The prosecutor must indicate the person who will play the role of the plaintiff in the process. A human rights arbiting station is not obliged to ascertain whether the indicated person is to play the role assigned to him. On the other hand, arbitrationThe th court must check the documents received from the prosecutor for the correctness of compilation and compliance with the requirements specified in article 125 of the document governing the work of the arbssud of Russia. In a statement, the prosecutor indicates all the relevant circumstances of the case, as well as formulates the rationale, evidence in order to confirm his position. In addition, the consideration of the case is possible only when, at the stage of filing the documents, the prosecutor already has an evidence base, on the basis of which he has the right to draw up an appeal to the Arbitration Court. You will also have to make available to the judge evidence that confirms such a right.
Plaintiff, prosecutor
If an official initiates a certain case, appoints a third party as a plaintiff, such a person will have all the duties that are expected for any plaintiff in the framework of the arbitration court. The agro-industrial complex contains a reference to the fact that the plaintiff may refuse the claim.This is discussed in detail in the fourth paragraph of the first part of the 150th article. As indicated in this part of the human rights documentation, the plaintiff’s refusal is sufficient reason for the closure of the proceedings.
If the plaintiff decides to refuse the claim drawn up by the prosecutor, his behavior fully complies with legal standards. True, it is necessary to trace whether such an action violates the rights of third parties by the plaintiff. If all legal restrictions and peculiarities are observed, the arbination station closes the paperwork.
Prosecutor and lawsuit
As follows from the provisions of the law, the prosecutor also has the right to refuse the claim, which he sent to the arbitration court. However, such a refusal does not affect the plaintiff in any way: he still has the right to demand from the court to consider the issue on its merits. True, it will be necessary to make an additional petition or write a statement in the established form, send it to the court that deals specifically with this case.
In order for the rights and interests of the plaintiff to be respected within the framework of the initiated paperwork, it is recommended to use the generally accepted rules for obtaining the consent of the plaintiff to complete the consideration of the case. Then the process is terminated on the grounds specified in the fourth paragraph of the first part of the above-mentioned 150th article of the code governing the activity of the Arbzud. If the person concerned does not submit an unconditional statement, in which he indicates that according to refuse the lawsuit initiated by the prosecutor, the court’s obligations include the continuation of the study of the matter. Failure of an official provokes a number of procedural consequences. As the law says, if the plaintiff again sends a lawsuit to the arbtsud, similar to that sent by the official, the proceedings are completed.
What else to look for?
The above rules apply to the situation when the proceedings conclude by a settlement, the petition of which is sent by an official. If the issue of non-search proceedings is considered within the framework of the arbitration court, then the prosecutor is legally entitled to the same rights as the applicant.
If the proper person has started judicial proceedings in the arbitration court, thereby commitments are made to prove the legality of the requirements and the validity of everything declared in the application. The position of an official is governed by general justifications for such situations, and an obligation is placed on him to conduct evidence-based activities. The tasks of the prosecutor will include giving explanations, participating in the debate of the Arbisud. The official is given the right to make a speech in the framework of the debate first, and only after it begins the speech of one whose interests are upheld in court.
YOU on human rights activism
Since some time ago, conflict, controversial situations provoked by the participation of an official in the arbitration proceedings became quite private, the Supreme Arbitration Court created a special document explaining the specifics of office work. In particular, the EAC draws the attention of all lawyers: officials participate in the review, their rights are confirmed by applicable procedural legislation. Representatives of the Arbitration Court, formulating the position of an official, analyzing what is possible at this place and what is beyond the legal framework, should first of all take into account the requirements of Article 52 of the agro-industrial complex.
As for the conduct of the trial itself, it is necessary to follow the 13th articles of the Federal Law on arbitration courts, their activities on the territory of our state. In the 3rd paragraph of the 1st article it is stated: within the framework prescribed in the current legal standards, officials are entitled to act in human rights instances of this type, but the powers are completely subordinate to the Code of Administrative Offenses,as the first part of article 202 and the first part of article 207 of the agro-industrial complex read.