Annotation

The paper examines certain problematic aspects regarding the procedural status and functional role of the prosecutor in civil law through the use of doctrinal comparison and legal analysis. Attention is drawn to the increasing role of the prosecutor's office in protecting the rights and legitimate interests of citizens, municipalities and the state. The norms of the Civil Procedure Code of the Russian Federation regulating the participation of the prosecutor in the civil process are analyzed; it is noted that the Code does not sufficiently regulate the prosecutor as a participant in civil proceedings, which naturally gives rise to discussions in the domestic scientific community. The main scientific positions of qualification of the prosecutor's participation in civil cases are identified (as a separate participant in the process as defined in the current version of the Civil Procedure Code, as a plaintiff, as a procedural plaintiff and as a participant with a special status); it is concluded that, given the multidimensional powers of the prosecutor, it is most appropriate to consider him as a participant in the process, having a special procedural status, which is disclosed in different ways depending on the specific form of his participation in it. The legally established forms of participation of the prosecutor's office in civil proceedings are analyzed, on the basis of which the functions of the prosecutor and the main scientific positions on this issue are considered. It is revealed that there is no consensus among scholars regarding the classification and specifics of the prosecutor's functions. It is determined that the procedural status and functional role of the prosecutor are most accurately reflected by the following functions: human rights protection, legal support and law enforcement; the problem of a certain limitation of the law enforcement function of the prosecutor specifically within the framework of domestic civil procedure is explained.