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Protection by the prosecutor of the interests of minors in the consideration of civil cases by the courts: problems and prospects

Gadiyatova Maria V.  (PhD (Law) Associate Professor of the Department of Prosecutorial Activities Ural State Law University)

The aim of this study is to outline the problems and perspectives associated with the protection of the rights and legitimate interests of persons under the age of majority by representatives of the Prosecutor's Office in civil proceedings. The provisions of the Code of Civil Procedure of the Russian Federation are analysed as part of this study. In addition, the decisions of courts of different instances are used as examples: Volgograd Regional Court, Nizhny Novgorod Regional Court, Penza Regional Court, Moscow City Court. As a result, the following conclusions were drawn: representatives of the Prosecutor's Office should be given additional powers to protect the rights and freedoms of children, subject to a request from their legal representatives. This proposal would, on the one hand, increase the workload of the procuracy and, on the other hand, allow the principle of access to judicial protection to be implemented and ensure that no violation of the rights of minors subject to judicial protection would go unnoticed. In addition, the above information shows that it is necessary to add to the list of grounds on which representatives of the Prosecutor's Office may bring claims to court to protect the interests of persons under the age of majority (Part 1, Article 45 of the Code of Civil Procedure of the Russian Federation).

Keywords:minors, prosecutor's office, rights, legitimate interests, grounds, claims, claims, courts.

 

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Citation link:
Gadiyatova M. V. Protection by the prosecutor of the interests of minors in the consideration of civil cases by the courts: problems and prospects // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2022. -№12/2. -С. 102-105 DOI 10.37882/2223-2974.2022.12-2.05
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