Pidtverdzhennia povnovazhen predstavnyka fizychnoi osoby u tsyvilnomu sudochynstvi

Abstract

The issue of determining representation in civil proceedings is substantiated. The relation of procedural representation as procedural activity and as legal relations is investigated. Based on the analysis of legal acts, doctrinal approaches, case law, the position is maintained that the purpose of representation of an individual in civil proceedings is to provide legal assistance to an individual in order to protect his or her rights, freedoms and legitimate interests. On the basis of scientific and theoretical approaches the definition of procedural representation as a legal relationship is substantiated. The existence of two types of legal relations in procedural representation is substantiated: external between the representative and the court, which are based on the norms of procedural law, and internal, which are based on the norms of substantive law. The issue of confirmation of the powers of the representative of an individual in civil proceedings as a legal fact that gives rise to a legal relationship between the representative and the principal, the representative and the court is substantiated. The requirements to the documents confirming the authority of the representative are substantiated. The urgency of the issue of certification of the powers of the representative is substantiated, as the new amendments to the Civil procedural code have raised a number of debatable issues regarding the exercise of procedural rights through the representative. Based on the analysis of current legislation and the provisions of scientific doctrine, it is concluded that the consideration of the procedural capacity of the representative is reduced to the point of view that this is the authority of the representative. The decision of the Supreme Court was analyzed, thanks to which some conflicts concerning the certification of the authority of a representative of an individual were eliminated. Among the main tasks of the legislator — on the one hand, not to lose the positive achievements that regulated the certification of the representative of an individual, and on the other, to eliminate existing gaps in legislation that will allow individuals at a high professional level to resolve disputes in court, protect their rights and legitimate interests and ensure respect for the right to professional legal assistance, as well as ensure the right to a fair court.