ДЕРЖАВА ЯК СТОРОНА У ПОЗОВНОМУ ПРОВАДЖЕННІ

Abstract

The article analyzes the problem of the legal status of the state as a subject of civil procedural legal relations and the procedural form of its participation in the court process. A comparison of the legal institution of selfrepresentation of the rights and interests of legal entities in court through their management bodies and participation in the state's legal process in the person of the state authorities on the side of the plaintiff or defendant has been made. It has been established that the body of state power, speaking in court on behalf of the state, itself assumes the status of a plaintiff or defendant, since, unlike the same governing body of a legal entity, it has its own subjectivity. The issue of whether the state itself or a state authority, which has the competence to act in a certain sphere of social relations on behalf of the state, is a party in the legal process is considered. A distinction has been made between cases of appeals to court by state authorities to protect the interests of the state and cases of their protection of the interests of other persons in court in accordance with the procedure established for bodies and persons entitled by law to apply to court in the interests of other persons. It was concluded that if the state authority does not protect the interests of other persons, but represents the state on the side of the plaintiff or defendant, it is not subject to the restriction on the right to conclude a settlement agreement. On the basis of the analysis of the norms of the current legislation and judicial practice, the problem of representation of the state's interests by the prosecutor in court was investigated. It was concluded that the prosecutor, performing a subsidiary role in the protection of the interests of the state in civil proceedings, cannot, by the legal nature of his activity, be considered as the personification of the state as a party in disputed material and, therefore, procedural relations. Therefore, if the prosecutor is indicated in the statement of claim as a plaintiff, he should be considered a fictitious plaintiff in the sense of the use of legal fiction as a means of legal technique, when in order to achieve a certain legitimate goal of legal regulation, a person is called a plaintiff who, in fact, by his legal nature is not him. Therefore, the prosecutor, who protects the interests of the state in court, is subject to restrictions on the right to conclude a settlement agreement in all cases.