INTERESTS OF THE TERRITORIAL COMMUNITY AS AN OBJECT OF PROSECUTORIAL REPRESENTATION IN CIVIL PROCEEDINGS: PROBLEMS OF LAW ENFORCEMENT

Abstract

The article analyzes the legitimacy of the prosecutor's protection in civil proceedings of the interests of a territorial community (public, local interests) within the framework of the constitutional function of representing the interests of the State in court. The author emphasizes that in the legal literature, theorists and practitioners do not share a common view on this issue. The author proposes to resolve this issue with due regard to determining the correlation (correspondence) between local, public interests and the interests of the State. Based on a systematic interpretation of the legislative provisions regulating the principles of local self-government in Ukraine, the decision of the Constitutional Court of Ukraine dated March 26, 2002 in case № 6-rp/2002, and the analysis of scientific research on the interests of the State and territorial communities, the author concludes that a territorial community and local self-government bodies, through which its interests are mainly realized, are independent subjects of legal relations, and the interests of a territorial community are different from the interests of the State. In this regard, it is emphasized that under current legislation, the interests of a territorial community (local, public) cannot be the object of prosecutorial representation in civil proceedings. This made it possible to critically evaluate the conclusions set out in the rulings of the Grand Chamber of the Supreme Court that the prosecutor has the right to protect the interests of the territorial community in court, as they are part of the state interest. It is possible that prosecutors may be granted the right to represent the interests of territorial communities (public, local interests) by enshrining relevant provisions in legislation, which at the same time should be based on the principles of the subsidiary and exclusive role of the prosecutor in civil proceedings.