REGARDING THE DETERMINATION OF COMPOSITION OF PERSONS WHO MAY ACT AS REPRESENTATIVES IN ADMINISTRATIVE PROCESS (LEGAL PROCEEDINGS)
Journal Title: Юридичний бюлетень - Year 2018, Vol 8, Issue
Abstract
The article is devoted to the definition of the composition of persons who may act as representatives in an administrative process (legal proceedings). It is established that the composition of persons who may act representatives in the administrative process is simultaneously determined by direct reference to persons who may be representatives and those who may not be representatives. It is proved that in practice these two ways of determining the composition of persons who may act as representatives in the administrative process (legal proceedings) complement each other and facilitate the admittance of only proper representatives to participate in a case. The current procedural legislation is analyzed and an exhaustive list of persons who may act as representatives in the administrative process (legal proceedings) is defined. It is noted that the prerequisite for the emergence of the status of representative is the relevant rules of substantive law. The attention is focused on the peculiarities of attracting persons as representatives and the documents, which confirm their status, are considered. It is determined that, depending on the type of representative, the documents confirming their status will be different. It is substantiated that the lawyer has an absolute right to act as a representative in the administrative process, and the participation of all other persons as representatives is associated with a number of requirements, in particular persons whose representation is carried out; characteristics of the administrative case, which is considered by the court; the time of the establishment of the representative office, etc. It is clarified that the exceptions from the “lawyer monopoly” provided for by administrative procedural law to the representation of other persons in the courts are in accordance with the relevant constitutional requirements. The shortcomings and gaps of the current procedural legislation concerning the involvement and participation of individual representatives in the administrative process, as well as the risks for the practice of their application, are identified, in connection with which proposals were made to overcome them by introducing amendments and additions to the provisions of the Code of Administrative Proceedings of Ukraine.
Authors and Affiliations
Олександр Іванович Приходько
Keywords
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