FEATURE OF THE PROSECUTOR'S PARTICIPATION IN COMMERCIAL PROCEEDINGS

Abstract

The article is devoted to the study of current issues concerning the participation of the prosecutor in commercial proceedings. Emphasis is placed on the ambiguous and often subjective nature of determining the grounds for the prosecutor’s representation of the interests of the state in court, which creates practical challenges in implementing this function under the conditions of modern commercial litigation.The purpose of the article is to reveal the current issues arising from the prosecutor's involvement in commercial proceedings, as well as to identify the specific features and problematic aspects of such participation.A prosecutor who applies to the court in the interests of the state must substantiate in the statement of claim, application, or complaint the nature of the violation of state interests, the need for their protection, the legal grounds for the prosecutor's appeal to the court, and must also indicate the authority empowered by the state to perform the relevant functions in the disputed legal relations. The author analyzes the provisions of Part 3 of Article 23 of the Law of Ukraine “On the Prosecutor's Office” and emphasizes that, although these provisions are formally clear, their practical application is complicated by the presence of a large number of evaluative concepts interpreted depending on the specific case and circumstances, which often provokes objections from other participants in the legal process.Based on the analysis of case law and academic sources, the author argues the inconsistency in approaches to interpreting the concept of “state interests” and the conditions under which a prosecutor may intervene in commercial legal relations.As a result of the conducted research, the author concludes that the basis for prosecutorial representation of state interests in commercial court lies in the existence or threat of violations of economic, political, or other public interests. In commercial proceedings, the prosecutor may act either as a person authorized by law to apply to the court in the interests of others or as a plaintiff. The prosecutor's procedural rights, unlike those of other persons authorized to act in the interests of others, are somewhat broader.