PECULIARITIES OF REPRESENTATION IN CIVIL PROCEEDINGS

Maryna LOGINOVA, Karolina REZNICHENKO

LOGINOVA M., REZNICHENKO K. (2022), PECULIARITIES OF REPRESENTATION IN CIVIL PROCEEDINGS, Scientific Bulletin of Dnipropetrovsk State University of Internal Affairs, Special Issue № 1, 107-111

DOI: 10.31733/2078-3566-2022-5-107-111

 

ABSTRACT. The article is devoted to highlighting one of the urgent problems of the civil process regarding the issue of representationin the civil process of Ukraine. The modern civil process is particularly complex, since the investigative process was replaced by an adversarial process, the essence of which is to transfer the obligation to substantiate and prove all the factual circumstances of the case to the parties. Currently, civil proceedings are carried out on the basis of competition, so the parties and other persons participating in the case must prove the circumstances they refer to as the basis of their claims and objections.

The concepts and signs of representation as an important procedural means of representation and protection of the interests of the parties and other participants in civil proceedings are analyzed. Its essence consists in the procedural activity of a representative or attorney, aimed at protecting the subjective rights and legally protected interests of another person, as a party or a third party participating in the case, state and public interests, as well as assisting the court in a comprehensive, complete and objective clarification of the circumstances of the case in order to make a legal and well-founded decision on the case. With the development of society, the scope of representation has covered a wide range of both property and non property relations.

The importance of this institution in social life is determined by the fact that representation makes it possible to optimize and activate the process of acquiring and realizing subjective rights and obligations, and for disabled citizens it is the main means of their participation in legal relations. With the help of representation, it is possible to acquire and exercise most material and procedural civil, as well as other subjective rights and obligations, depending on the industry.

Thus, representation acts as one of the important guarantees of real exercise of rights and fulfillment of duties by subjects of law. The importance of this institution in social life is determined by the fact that, with the help of the institution of representation, additional opportunities are created for the exercise of rights and obligations by participants in civil legal relations, and the most comprehensive protection of their subjective rights is carried out. is ensured, and the efficiency of establishing economic ties between economic entities increases. The relevance of this topic is due to the implementation of systemic and effective legal reforms in Ukraine, which necessitates an in-depth study of the problems of improving mechanisms for the implementation and protection of civil rights and interests of the individual and (in this regard) rethinking some approaches to the legal nature of representation.

Keywords: representation, representative, power of attorney, lawyer.

References

  1. Civil Code of Ukraine. Information of the Verkhovna Rada of Ukraine. 2003. No. 40, Article 356. [in Ukr.].
  2. Biryukov I. A. Civil law of Ukraine. General part. K.: Scient. dumka, 2000. 304 p. [in Ukr.].
  3. Krupko P. Subjects of voluntary representation under civil law. Law of Ukraine. 2002. No. 5. P. 105–109. [in Ukr.].
  4. Galaburda N. A. Peculiarities of the content of the concept of representation in the civil law of Ukraine. Actual problems of domestic jurisprudence. 2012. No. 3. P. 21-27. [in Ukr.].
  5. Kerimov S.G. Some issues of representation of a minor by his guardian. The Sstate and the Law: Coll. of scient. works. Vol. 29. Kyiv: 2005. P. 452-457. [in Ukr.].
  6. Kerimov S.G. Parents as legal representatives of their children. Actual Problems of the State and Law: Coll. of scient. works. Vol. 25. Odesa. 2005. P. 266-270. [in Ukr.].
  7. Civil law of Ukraine. General part. Kyiv: Yurinkom Inter, 2010. 973 p. [in Ukr.].
  8. Romovska Z. Ukrainian civil law. General part: Academic course: textbook. Kyiv, 2013. 672 p. [in Ukr.].
  9. Kharitonov E. O. Civil law of Ukraine. K.: Istyna. 2011. 808 p. [in Ukr.].
  10. Klimovska I.Y. Subjects of commercial representation. Problems of state formation and protection of human rights in Ukraine: Materials of the XIV regional scientific and practical conference on February 6, 2008. Lviv, 2008. P. 148-150. [in Ukr.].
Views: 118