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Prosecutor in Civil and Arbitration: Comparative Analysis

Student: Akhmetov Tagir

Supervisor: Daniil Krymskiy

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2018

The Prosecutor has only a legal interest in the outcome of the case. Firstly, state-legal, based on its competence, which is why in civil proceedings the Prosecutor acts independently and independently of other persons involved in the case. The essence of the Prosecutor's participation is clearly defined in the law: the Prosecutor ensures the correctness of the actions of all participants in the proceedings and assists the court in the implementation of justice. It follows from this that the basis of the Prosecutor's participation in civil proceedings is the exercise of his legislative function. In the science of the commercial proceedings, such a subject is called a quasi-claimant, a procedural claimant. Because the Prosecutor only on the procedural situation is equivalent to the plaintiff, the Prosecutor may not be filed a counterclaim. The Prosecutor belongs to the group of persons involved in the case who have only a procedural and legal interest in the outcome of the case. He always acts on his own behalf, but in defence of the interests of others. In order to fully disclose the proposed topic, the study was structured as follows. The introduction contains General information which gives an idea about the research topic most of the work is divided into two chapters. The first Chapter is devoted to the role of the Prosecutor in the civil process, analyzed its main forms of participation. The second Chapter deals with the position of the Prosecutor in arbitration proceedings. Special attention is paid to the analysis of arbitration cases and judicial practice and the need for the Prosecutor to comply with the pre-trial procedure of dispute settlement. In conclusion, the main conclusions reached by the results of this study are outlined. At the very end there is a list of used sources, which lists the monographs, articles, comments of the legislation, regulations and judicial practice, which were used in the writing of this work.

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