Procedural status of the prosecutor in legal proceedings to resolve public law disputes in the Republic of Tajikistan

Abstract

This article analyses the procedural status and forms of prosecutor participation in legal proceedings in public law disputes in general jurisdiction courts and special economic jurisdiction in the Republic of Tajikistan. Problems, contradictions, and gaps are identified in the current procedural legislation of the Republic of Tajikistan, which regulates the procedure for resolving public law disputes. Moreover, the article highlights the new approaches of the national legislator in the Civil Procedure Code of the Republic of Tajikistan 2008, the Economic Procedure Code 2008; The Code of Administrative Procedures of the Republic of Tajikistan 2007 which regulates the legal status of a prosecutor in resolving public law disputes in civil, economic, and administrative proceedings. In all these procedural acts in this category of disputes, the prosecutor is defined as a person participating in the case, which implies his legal interest in the ruling. Based on the analysis of national legislation, the article reveals that the objectives of the prosecutor in cases arising from public law relations are to ensure the rule of law and public interest. The authors conclude that the procedural institute of the prosecutor, as a person participating in cases on the resolution of public law disputes, is not new. However, many issues related to the prosecutor in the Republic of Tajikistan remain unresolved. Based on the results of the analysis conducted, the article concludes that there is a necessity to improve legislation that manages the participation of the prosecutor in the consideration of public law disputes.

Keywords:

prosecutor, administrative proceedings, public law dispute, public administration, court, prosecutor’s powers, civil proceedings, economic proceedings, claim, procedural position