Prosecutor as a party of constitutional and legal dispute: offers for improvement of the current legislation

Abstract

In the disputes resolved by the courts of law and the arbi-tration courts, the prosecutor over the general rule, speaks out in defense of public interests whereas in the constitutional and legal disputes resolved by the Constitutional Court of the Russian Federation, opposite works for the benefit of specific citizens and their associations, protecting their violated constitutional rights and freedoms that, according to the author of this article, not quite answers his mission and the purpose enshrined in the Fed-eral law "About Prosecutor's Office of the Russian Federation". The European commission for democracy through law (Venice commission) doesn't support the legislation of those countries which grant to the prosecutor's office the right to protect someone's personal interests in the constitutional court, empha-sizing that the Attorney-General can easily appear in a situation when personal and public interests are in a conflict. Proceeding from the international acts and foreign experience the sugges-tions for improvement of the Russian legislation regulating the status of the prosecutor as the parties of a constitutional and le-gal dispute are formulated in the article.