The institute of representation in the civil process of Russia: trends and development prospects

Abstract

Art. 48 of the Constitution of the Russian Federation guarantees everyone the right to qualified legal assistance. The question of the means and methods it should be provided with has been debated between lawyers for a long time. A number of scientists talk about the need for legislative consolidation of the ‘advocate monopoly’. Others consider it appropriate to license the legal services market. These disputes remain relevant today. However, in 2019, Russia has undergone a reform of procedural law, which lawyers have called a ‘process revolution.’ Many rules of procedural codes have undergone major changes. In particular, as a result of the reform, the requirements for persons who may act as representatives in civil matters have been substantially changed. In the framework of this article, an attempt is made to analyse the reform of the institution of representation. Based on a systematic analysis of procedural legislation and law enforcement practice, the author comes to the conclusion that legislative consolidation of the need for higher legal education for representatives can be called one of the positive aspects of the reform. This article provides an analysis of the development trends of the institution of representation in the historical aspect. The author concludes that it is maintaining logical and consistent movement along the path of becoming an ‘advocate monopoly’ in Russia. It seems that subject to its competent and phased introduction, as well as the reform of the corps of the bar itself, not only by increasing its number but above all by increasing the professionalism of its members, it can and should become an effective tool in the civil process.

Keywords

• civil procedure
• representation
• professional legal assistance
• higher legal education