© Yury Mashkov/TASS
MOSCOW, June 5. /TASS/. The justice Ministry explained that the European court of human rights (ECHR) the position of the Russian authorities regarding the participation of the Prosecutor in civil proceedings. As reported in the press service of the Ministry of justice, Ombudsman of the Russian Federation at the ECHR – the Deputy Minister of justice Mikhail Galperin sent to the ECHR comments on the substance of the complaints “Milica against Russia” and “Shalaev against Russia”, in which the applicants complain about the procedure of participation of the Prosecutor in the trial of civil cases, as it allegedly violates the right to a fair trial and complies with the principle of equality of the parties.
“The position of the authorities of the Russian Federation, contains legal arguments, confirming that the relevant trial was fair and impartial within the meaning of the Convention for the protection of human rights and fundamental freedoms, – reported in the Ministry of justice. – The Russian side proceeds from the fact that the participation of the Prosecutor in civil proceedings does not preclude the implementation by the applicants in their full procedural rights and cannot be considered as a violation of the Convention’s provisions.”
Moreover, stressed in the Ministry of justice, the participation of the Prosecutor in judicial proceedings that affect the most important rights and interests of citizens, aimed at protecting the rights of an indefinite circle of persons and the public interest.
“When making judicial decisions on the merits of national courts rely on the factual circumstances of each case, comprehensive and complete examination of all the evidence as well as results of hearing the views and arguments of the parties and individuals involved in the process”, – explained in the Ministry of justice. In a press-service of the Ministry also noted that the participation of the Prosecutor in judicial proceedings is not the determining factor in the adoption of a judicial act.