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The right of the prosecutor for an appeal to the court as Art. 45 of GPK Russian Federation

The right of the prosecutor for an appeal to the court as Art. 45 of GPK of Russian Federation

Article 45 of the Code of civil procedure of the Russian Federation affirmed the right of the prosecutor for an appeal to the court for protection of the rights, freedoms and legitimate interests of citizens, an uncertain circle of people or interests of the Russian Federation, subjects of the Russian Federation, municipalities.

The statement can be submitted to protection of the rights, freedoms and legitimate interests of the citizen by the prosecutor only in case the citizen for health reasons, to age, incapacity and other good reasons cannot appeal to court itself.

At an appeal to the court in interests of the citizen the prosecutor is obliged to prove in the statement of claim of the reason of impossibility of the independent address of the citizen, to produce the evidence in confirmation of the arguments.

So, it is possible to refer to number of the reasons, for example, minor age of the person, whose right is violated, the state of health complicating the independent address (disability) supported by the relevant documents.

In each separate case of the reason can be different, the assessment to the circumstances given by the prosecutor is given by court.

Permission of a question of acceptance or about refusal in adoption of the statement of claim is included into competence of the judge.

The specified restriction does not extend on the statement of the prosecutor the basis for which is the address of citizens to him about protection of the violated or challenged social rights, freedoms and legitimate interests in the sphere of the labor (office) relations and other directly related relations; protection of a family, motherhood, paternity and childhood; social protection, including social security; providing a right to housing in the state and municipal housing stock; health protection, including medical care; ensuring right for favorable environment; educations.

Thus, owing to h. The 2nd Art. 45, Art. 56 of the Code of civil procedure of the Russian Federation the prosecutor who submitted the application has all procedural laws and performs all procedural duties of the claimant, including an obligation for proof of those circumstances on which he refers as to the bases of the requirements.

 

Assistant prosecutor of Chelyabinsk

lawyer of 1 class Y.G. Artemyeva