The legal basis for the participation of the prosecutor in commercial proceedings

The article analyzes the legal grounds for prosecutor’s participation outside criminal proceedings based on the provisions of Ukrainian legislation, international law and case law of the European Court of Human Rights. It is noted that this type of activity is rather an exception in the activities of the prosecutor’s office in most countries of the world. The organization and powers of prosecutor’s offices in different countries of the world have similar tasks - protection of the public interests of the State and society in the judicial and legal system in the field of criminal, commercial and civil law. At the same time, the political regime of a particular state affects the tasks and functions of the prosecutor’s office. Thus, often, if democracy in a society is at a high level, the range of supervisory powers of the prosecutor’s office is smaller than in countries where this indicator of democracy is significantly reduced. In contrast, countries with authoritarian regimes have prosecutors who have a general supervisory function, and in totalitarian regimes, the prosecutor’s office generally becomes a repressive body, another lever of pressure on society. In conducting this study, the author used philosophical, general scientific and special legal research methods. The author uses analysis, synthesis, deduction and induction and other techniques of the logical method. Special legal research methods, methods of legal logic and the methodology of comparative jurisprudence were also used. The author provides examples of prosecutor’s participation in cases considered by the European Court of Human Rights which illustrate the impact of the prosecutor’s status on the morale of the parties to the case. In addition, it should be borne in mind that the interests of the state and society that the prosecution authorities protect in court are an evaluative concept that does not have a stable regulatory definition. Each time, the prosecutor must prove to the court what exactly is the violation of such an interest and why it is unprotected. The article provides examples of court proceedings on claims in the interests of the State, which demonstrate that it is not always appropriate for the prosecutor’s office to enter into a case or file a claim by this body and ultimately protect the interests of the State, society or an individual.