The right of a prosecutor to appeal to a general jurisdiction court for protection of the rights, freedoms and legal interests of an individual have been expanded significantly.
LEGAL UPDATE No. 32.
Goltsblat BLP hereby advises that Federal Law No. 43-FZ “On Amendments to Articles 45 and 131 of the Civil Procedure Code of the Russian Federation” (hereinafter the “Federal Law”) was adopted on 5 April 2009. It entered into force on 17 April 2009.
In addition to the existing right of a prosecutor to appeal to a court of general jurisdiction for protection of the rights, freedoms and legitimate interests of individuals, who cannot independently take court action owing to health grounds, age, incapacity or owing to other legitimate excuses, prosecutors may now go to court with appeals from any individuals seeking protection of their infringed or contested social rights, freedoms and legal interests. The following areas constitute the social rights, freedoms and legal interests of individuals:
• labour (official) and other relations directly related to these issues;
• protection of the family, motherhood, fatherhood and childhood;
• social protection, including social welfare;
• the right to housing from state and municipal reserves;
• health care, including medical aid;
• the right to a favourable environment;
According to the Federal Law, a prosecutor may apply to a court for protection of the above social rights, freedoms and legal interests of individuals if it refers in its claim to an appeal filed by an individual with the prosecutor. A prosecutor does not have to provide any supporting documents confirming that the respective individual cannot submit the claim.
The amendments introduced by the Federal Law expand significantly the prosecutor’s ability to supervise compliance with human rights and freedoms and discharge of relevant laws. Prosecutors may encourage individuals to contact them more regularly for assistance with protection of their infringed or contested social rights, freedoms and legal interests. In terms of employment relations, this could lead to an increase in the number of individual employment disputes where a prosecutor represents an employee, thereby necessitating more stringent compliance with legislation by employers.
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