Проблемы профессионального представительства в гражданском и административном судопроизводстве Российской Федерации

Abstract

In this article, the authors analyze the changes in civil procedural legislation. The research featured the issues of qualification for legal representatives in all categories of cases, with the exception of cases considered by magistrates and district courts. The study was based on the provisions of the Administrative Procedure Code of the Russian Federation, which initially provided no exceptions for this rule. The authors believe that the expansion of the sphere of professional representation requires an analysis of these amendments and existing regulations on professional representation from the point of view of constitutional right to judicial protection and the right to receive qualified legal assistance. A certificate of higher legal education or an academic degree in a legal specialty does not always indicate the level of professionalism. A professional representative should also have positive practical experience, as well as strive for professional development. The authors assessed the classification of cases that require a professional representative. In this article, they criticize the current monopoly of lawyers on representation in civil court and argue the uselessness of establishing the education and qualification of a representative in its current form. The professionalization of the institution of legal professional representation is possible only under the conditions of the evolutionary development of procedural relations and the imperative consolidation of the rules of a competitive professional process.