Participation of the Prosecutor’s Office in the Protection of Socio-economic Rights of Citizens in Bankruptcy Cases: the Problem of Procedural Interaction with Arbitration Courts

The analysis of the legal basis for the participation of the prosecutor’s office in court proceedings in order to protect the most important socio-economic rights of citizens, such as labor and housing rights, in bankruptcy cases. The research focuses on the Russian and Chinese practice of procedural interaction between the prosecutor’s office and the courts in bankruptcy cases. Based on a comparative legal analysis, the author assesses the trend towards increasing the activity of the Russian prosecutor’s office to participate in arbitration proceedings as promising, but requiring regulatory legalization in order to increase the effectiveness of protecting the socio-economic rights of citizens. In order to effectively ensure legality in the field of bankruptcy, it is necessary to legislate the participation of the prosecutor in part 5 of Article 52 of the Arbitration Procedural Code of the Russian Federation for cases when bankruptcy arbitration cases affect not only housing, but also the labor rights of citizens.

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Publication Details

Journal
Courier of Kutafin Moscow State Law University (MSAL)
Published
2024-08-29
DOI
https://doi.org/10.17803/2311-5998.2024.118.6.109-120
Primary Topic
Legal Studies and Reforms
Type
article
Field-Weighted Citation Impact
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article

Participation of the Prosecutor’s Office in the Protection of Socio-economic Rights of Citizens in Bankruptcy Cases: the Problem of Procedural Interaction with Arbitration Courts

S. Kh. Dzhioev
Courier of Kutafin Moscow State Law University (MSAL)
Legal Studies and Reforms
article

Participation of the Prosecutor’s Office in the Protection of Socio-economic Rights of Citizens in Bankruptcy Cases: the Problem of Procedural Interaction with Arbitration Courts

S. Kh. Dzhioev
article en

Abstract

The analysis of the legal basis for the participation of the prosecutor’s office in court proceedings in order to protect the most important socio-economic rights of citizens, such as labor and housing rights, in bankruptcy cases. The research focuses on the Russian and Chinese practice of procedural interaction between the prosecutor’s office and the courts in bankruptcy cases. Based on a comparative legal analysis, the author assesses the trend towards increasing the activity of the Russian prosecutor’s office to participate in arbitration proceedings as promising, but requiring regulatory legalization in order to increase the effectiveness of protecting the socio-economic rights of citizens. In order to effectively ensure legality in the field of bankruptcy, it is necessary to legislate the participation of the prosecutor in part 5 of Article 52 of the Arbitration Procedural Code of the Russian Federation for cases when bankruptcy arbitration cases affect not only housing, but also the labor rights of citizens.

Courier of Kutafin Moscow State Law University (MSAL)(6)
Kutafin Moscow State Law University (RU)
Openalex Percentile: Top 77%
Legal Studies and Reforms
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