The main functions of the Russian Prosecutor’s Office include supervision of compliance with the Constitution of the Russian Federation and execution of laws, as well as supervision of compliance with human and civil rights and freedoms. They can be implemented through the participation of the prosecutor in court proceedings — as a party to the case, a procedural plaintiff and for giving an opinion on a civil case, as well as by filing a civil claim in criminal proceedings. However, there are gaps and contradictions in procedural legislation that prevent the prosecutor from fully performing his functions in the sphere of civil jurisdiction. This article identifies some gaps and contradictions in this area and suggests ways to eliminate them. The purpose of the study is to identify the specifics of the interest defended by the prosecutor in the civil process and to justify the need to consolidate the procedural features when defending this interest. The objectives of the study are to consider the problems that arise for the prosecutor when protecting law and order in the event of acting as a party to the case, a procedural plaintiff, for giving an opinion on a civil case, as well as when filing a civil claim in criminal proceedings, and to suggest ways to solve them. Methods: analysis, synthesis, induction, deduction, dialectical method, formal‑legal method, comparative method. In any form of participation of the prosecutor in the civil process, as well as when filing a civil claim in criminal proceedings, the prosecutor is called upon to defend public, social interests. In this regard, his procedural status should have features in comparison with other persons participating in the case. The article provides proposals for adjusting the legislation in order to most effectively perform the function of prosecutors to protect law and order.
Е. В. Михайлова (Thu,) studied this question.