Keyword: «the principle of discretion»

The article examines the problems of the prosecutor's participation in civil proceedings that are common in law enforcement practice. Based on an analysis of scientific approaches and judicial practice, the author reveals the concepts of “an indefinite circle of persons”, “a significant number of citizens”, “state of health, age, and other valid reasons for which a citizen cannot go to court himself”. The work contains numerous examples of different interpretations of the law, in which the courts unreasonably reject the prosecutor’s claim; the prosecutor, when going to court, goes beyond the limits of the powers granted. The author notes the existence of contradictions between the Federal Law “On the Prosecutor’s Office of the Russian Federation” and the Civil Procedure Code of the Russian Federation. It is concluded that it is necessary to be guided by the latter as a special law.