Problematic issues of providing legal assistance in civil proceedings

Abstract

The proposed article examines the problematic issues of legal aid, as well as the legal status of a lawyer in civil proceedings during the implementation of the main procedural function entrusted to a lawyer - the function of representation. The article analyzes the latest scientific publications on legal aid. The peculiarities of the activity of a professional representative as a legal institution that stands for the protection of citizens' rights and reflects the state and level of democracy in the country are analyzed. The confidence of each member of society in their well-being, in the success of entrepreneurial activity, largely depends on how stable it is, has a clear organization, is governed by laws and is protected. In particular, the article focuses on the problematic issues of providing legal assistance during the implementation of contractual representation, and also substantiates the need to expand the scope of free primary legal aid. Also, the characteristics of the subjects of legal aid, their civil status, place among other participants in civil proceedings. The role of representatives in ensuring the implementation of the tasks of civil proceedings, its efficiency and accessibility is determined. A lawyer as a representative, not being a party to civil proceedings, has the right to exercise all the rights and obligations of the person he represents on his behalf, but he also has his own special procedural status specified in the law. We also point out that a lawyer-representative in civil proceedings has his own procedural interest, which, although not substantive and different from the interest of the parties and third parties (applicants and interested parties), should still be considered as a legal interest, which is aimed at obtaining a positive outcome of the case for the person he represents. Careful attention to the legal status of a lawyer is due to his defining role in society and the state, in which a person is an unconditional and unconditional value, and his rights, freedoms and interests - guiding in the formation of all areas of public policy.