The institute of the representation in the cases of separate proceeding
Abstract
The Constitution of Ukraine (Art. 59), Civil Procedure Code of Ukraine (Art. 38) tells that citizens have the right to deal in court on their own or through their representative. The fact is that one of the important guarantees of the realization of citizens their right to judicial protection leads to the possibility of getting a legal aid. As most of the participants with contentious legal relations do not have sufficient legal knowledge or because of their age, illness, limitations of abilities or total capability or other conditions cannot defend their rights either violated, challenged or unaccepted, their freedoms and interests, the Law gives them the possibility to take part in the case through their representatives.
Representation of the citizens’ interests in the court may be possible in any proceeding (action, separate, ordered) and on all stages of civil Procedure. Taking into consideration the complexity of matters connected with the role of the representative in civil proceedings, in particular: appropriate fulfillment and realization by the last ones their procedural rights and obligations, conscientious attitude of a representative to a person he/ she represents, paperwork that confirms the powers of the representatives; the matter of a representative participation has been studied by many procedural rights scientists for a long time and is studied now.
Though, not taking into consideration the complexity of this matter, more attention in the civil procedural right is paid to the participation of a representative in the action proceeding, that is the main type of proceedings when comparing with others. As to the participation of a representative in a separate proceeding, this matter, in our opinion, is the less investigated so it needs detailed analysis.
That is why in the present article we have analyzed the matter that concerns the participation of a representative in a civil procedure, in particular in cases of a separate proceeding. Special attention is focused on the participation of a representative when hearing and ruling the cases about civil capacity limitations of an individual or recognition of an individual as incapable. We have analyzed the opinions of procedural rights scientists as to the role of a public prosecutor and guardianship agencies in these matters, and on this basis we have formed own decisions.
References
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