Problems of the legal status of the attorney general in cases of challenging normative legal acts: statistical analysis of court decisions

Abstract

This article is devoted to the study of the legal status of the attorney general in cases of challenging normative legal acts and acts containing explanations of the legislation and having regulatory properties, based on statistical analysis of court decisions. The author examines the approaches to the problems of the attorney's participation in the civil process and as a result comes to the conclusion that at present both in law and practice there is a need to develop new solutions and concepts of the legal status of the attorney general in cases of challenging normative legal acts and acts containing explanations of the legislation and having regulatory properties. In particular, the author proposes a transition to the concept of "private attorney general" (it means that the powers to control public authorities are held by private individuals, not by public authorities) or the transition to the concept of "Prosecutor – a tool to ensure the balance of public and private interests" (in other words, it is proposed to make a legislative rule of active actions of the attorney general to obtain evidence in cases where the attorney general, who entered the process for the purpose of giving an opinion, believes that the evidence, which has not yet been submitted to the process, will help to protect the interests of an individual).