PROBLEMS OF THE PROSECUTOR’S PARTICIPATION IN THE CONSIDERATION OF CASES BY ARBITRATION COURTS

The article examines the current problems of the legal status of the prosecutor participating in the arbitration process, as well as the powers arising from the legal status of the prosecutor, including initiating cases in arbitration courts and entering into cases considered by arbitration courts. Particular attention is paid to the rights and obligations of the prosecutor who filed a lawsuit in arbitration. The authors focus on the lack of a normative definition of the concepts of «public interest» and «indefinite number of persons». The thesis about the expansion of the list of cases that the prosecutor may initiate is substantiated. The authors examine the content of articles regulating the legal status of the prosecutor in arbitration process, and raise the questions about the need to supplement the norm on the possibility of the prosecutor to give opinions on cases in which he participates, about the form of such an opinion and its content. They come to the conclusion that there are no uniform and consistent approaches to solving these problems, and point out the imperfection of the legislation regulating these issues. In this regard, they propose some ways to streamline the procedural legislation in order to make the protection of the rights of participants in arbitration process more effective.