Enforceability as a Requirement for Acts of Prosecutorial Response (on Materials of Judicial Practice)

Abstract

The article analyzes the practice of courts of general jurisdiction and arbitration courts in cases of challenging the submissions of the prosecutor and other acts of the prosecutor’s response on the grounds of their unenforceability. The main reasons for recognizing the acts of the prosecutor’s response as unenforceable are determined, among which the absence in the act of the prosecutor’s response of an indication of specific measures that the offender must take to eliminate the violation is highlighted; addressing to the wrong subject; the absence in the content of the act of the prosecutor’s response of specific information about improper performance; untimely introduction of the act of the prosecutor’s response. The ambiguous approach of the courts to the demanding part of the prosecutor’s presentation regarding the nature of specifying the measures necessary to eliminate the identified violations is stated. The correlation between the requirements of legality and enforceability of acts of prosecutorial response is considered. The characteristic of enforceability as an independent requirement for the acts of prosecutorial response is given. The inadmissibility of a double interpretation of the wording contained in the act of response is emphasized.