Representation in Civil Process under the New Civil Procedure

Abstract

The article addresses the representation in the court, which is one of the main institutions of the Civil Procedural Law. The article analyzes the norms of the Civil Procedural Code of Ukraine in the wording of 2017 of procedural representation. The genesis of this institute in the Civil Process of Ukraine, starting with the Civil Code of the USSR of 1963, is briefly reviewed. The provisions of procedural representation in different types of proceedings are compared, in particular with economic and administrative ones. On the basis of this it is noted that there was a unification of the rules of representation, which is positive in terms of the practice of applying these provisions of the law. Also the author indicates the terminology and definitions used in this institute as applied in literature and legislation; analyzes the provisions of the Code regarding the types of procedural representation and accordingly indicates that the legislation introduced, along the traditional types of representation (legal and voluntary), another type of representation – self-representation. The article focuses on the possibility of applying procedural representation in different types of proceedings – the ordering proceedings, litigation (claim) and separate proceedings, and certain categories of cases. It is noted that at present, the legislator does not foresee any restrictions of the application of the institution of representation in any categories of cases, as it was in the CPC of Ukraine of 2004. Concerning the same types of proceedings, it is concluded that the institution of representation is applicable to cases of ordered and claim (general and simplified) proceedings. But in the cases of separate proceedings, this institution cannot be applied at this time.

Keywords

• proceedings
• procedural representation
• representation in court
• civil proceedings
• selfrepresentation
• legal representation
• contractual representation