Judicial Protection of the Rights and Legitimate Interests of the General Public at the Request of the Prosecutor
Annotation
This article examines the problem of determining the legal nature of civil cases initiated based on a prosecutor's application filed in defense of an indefinite number of individuals. The absence of qualifying characteristics and a definition of the category "indefinite number of individuals" in legislation and legal scholarship negatively impacts judicial practice, resulting in applications for the protection of the rights and legitimate interests of an indefinite number of individuals often being confused with claims in defense of the Russian Federation, constituent entities of the Russian Federation, and municipalities. It is shown that in the cases under consideration, there is no dispute over civil rights and no parties. The author believes that prosecutors' applications for the protection of an indefinite number of persons should be considered and resolved in administrative proceedings. The burden of proof of the violation of the rights and legitimate interests of an indefinite number of persons should rest with the prosecutor filing the application.
Keywords
| Type | Article |
| Information | Russian Judge № 07/2026 |
| Pages | 41-45 |
| DOI | 10.18572/1812-3791-2026-7-41-45 |
