Professional Representation in Civil and Administrative Legal Proceedings in the Russian Federation
Open Access
- 19 May 2021
- journal article
- Published by Kemerovo State University in Bulletin of Kemerovo State University. Series: Humanities and Social Sciences
- Vol. 2021 (1)
- https://doi.org/10.21603/2542-1840-2021-5-1-88-95
Abstract
In this article, the authors analyze the changes in civil procedural legislation. The research featured the issues of qualification for legal representatives in all categories of cases, with the exception of cases considered by magistrates and district courts. The study was based on the provisions of the Administrative Procedure Code of the Russian Federation, which initially provided no exceptions for this rule. The authors believe that the expansion of the sphere of professional representation requires an analysis of these amendments and existing regulations on professional representation from the point of view of constitutional right to judicial protection and the right to receive qualified legal assistance. A certificate of higher legal education or an academic degree in a legal specialty does not always indicate the level of professionalism. A professional representative should also have positive practical experience, as well as strive for professional development. The authors assessed the classification of cases that require a professional representative. In this article, they criticize the current monopoly of lawyers on representation in civil court and argue the uselessness of establishing the education and qualification of a representative in its current form. The professionalization of the institution of legal professional representation is possible only under the conditions of the evolutionary development of procedural relations and the imperative consolidation of the rules of a competitive professional process.Keywords
This publication has 8 references indexed in Scilit:
- THE NORMATIVELY FIXED “CRITERIA” OF QUALIFIED LEGAL ASSISTANCE IN CIVIL PROCEEDINGS AND ARBITRATION PROCEDURE ARE ON THE AGENDA (IN THE LIGHT OF THE RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION OF 16 JULY 2020 NO. 37-P)Herald of Civil Procedure, 2021
- ON THE “BENEFIT” OF HIGHER LEGAL EDUCATIONHerald of Civil Procedure, 2020
- Professional Representation in Russian Courts: The Application PracticeArbitrazh-civil procedure, 2020
- On the Institution of Representation in an Administrative CourtAdministrative law and procedure, 2020
- ARTICLE-BY-ARTICLE COMMENTARY TO THE ARBITRATION PROCEDURE CODE OF THE RUSSIAN FEDERATION (chapter 6)Herald of Civil Procedure, 2020
- "Procedural Revolution". Review of Changes to Civil Procedure CodesBulletin of Kemerovo State University. Series: Humanities and Social Sciences, 2019
- Professional Representation in the Civil Court under the Judicial ReformBulletin of Kemerovo State University. Series: Humanities and Social Sciences, 2019
- Prospects for the development of professional representation in Russian arbitration proceedingsCurrent Issues of the State and Law, 2019