of September 17, 2012 No. 01-06/1259/2012
Economic courts of Ukraine
About some questions of representation prosecutor's office of interests of the state in economic court
Due to the origin in court practice of the questions connected with the prosecutor's right to the appeal to economic court with the claim for the benefit of the state we consider necessary to pay attention to it.
According to article 121 of the Constitution of Ukraine functions of representation of interests of the citizen or the state in the cases determined by the law are assigned to prosecutor's office.
According to article 20 of the Law of Ukraine "About prosecutor's office" in case of identification of violations of the law the prosecutor or his deputy within the competence have the right to take a legal action with the statement for protection of the rights and legitimate interests of citizens, the states, and also the companies and other legal entities.
Article 36-1 of the called Law determines foundations of representation by the prosecutor of interests of the state, namely: availability of violations or threat of violations of economic, political and other state interests as a result of illegal actions (divergence) of physical persons or legal entities which are made in the relations between them or with the state.
(Further - HPK) the prosecutor who appeals to economic court for the benefit of the state in the action for declaration independently determines by instructions of Article 2 of the Economic Procedure Code of Ukraine in what violation of interests of the state consists, and proves need of their protection, and also specifies the body authorized by the state to perform the corresponding functions in the disputable relations.
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