Сфера применения норм о представительстве: реальность и перспективы

Abstract

Russian law has a tradition of narrow view of the institute of representation – in particular, Article 182(1) of the Civil Code proceeds from its understanding only as the entering into transactions by one person on behalf of another. This is largely a reason for the brevity of the rules on representation in the Russian legislation. At the same time, paradoxically, the rules on representation are widely applied by analogy in various relations and institutions. This article considers the general features of relations to which the rules on representation are applied by analogy using examples from private and public law. In addition, it considers examples from public law, where the rules on representation are not yet applied, but potentially can be. Based on the study of such examples the conclusion is made that the reasons for the expansion of the rules on representation lie in the structural and economic features of these relations, which are similar in the relations of representation.