Publication date: 30.05.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
Representation in administrative proceedings is one of the key components of justice, ensuring the realization and protection of rights and interests of individuals in their interactions with government authorities. This institution facilitates the effective resolution of disputes between citizens, legal entities, and administrative bodies, ensuring the observance of the rule of law.
Concept and Essence of Representation in Administrative Proceedings
Representation in administrative proceedings can be defined as the activity of an authorized person (representative) aimed at defending the rights and interests of the person they represent (principal) before the administrative court. The representative acts on behalf of and in the interests of the principal, providing necessary legal assistance in the process of resolving administrative disputes.
Legal Regulation of Representation
The legal regulation of representation in administrative proceedings in Ukraine is based on the Constitution of Ukraine, the Code of Administrative Procedure of Ukraine (CAPU), and other legislative acts. CAPU establishes general provisions regarding representation, requirements for representatives, and their powers.
Types of Representation
In administrative proceedings, two main types of representation can be distinguished:
Legal Representation
Legal representation arises based on the law and involves representing the interests of individuals who do not have full legal capacity. This applies particularly to minors, incapacitated persons, and persons with limited legal capacity. Legal representatives may include parents, guardians, or trustees.
Contractual Representation
Contractual representation arises based on an agreement between the principal and the representative (power of attorney). This is the most common type of representation in administrative proceedings. The power of attorney can be granted to both natural and legal persons. Representatives may include lawyers, other authorized individuals, or even organization employees.
Requirements for Representatives
Representatives in administrative proceedings must meet certain requirements established by law. Specifically, representatives must:
- Have full legal capacity.
- Have a higher legal education (for lawyers).
- Possess a valid certificate authorizing the practice of law (for lawyers).
Lawyers have a priority right to represent the interests of principals in administrative courts, which enhances the level of legal protection.
Powers of Representatives
The powers of representatives in administrative proceedings are determined by law and the power of attorney. The main powers of representatives include:
- Filing statements, motions, complaints, and other procedural documents.
- Participation in court hearings.
- Representation of the interests of the principal during the consideration of the case.
- Undertaking other procedural actions in the interests of the principal.
Representatives are required to act within the scope of the powers granted to them by the principal. They are also responsible for their actions and are obligated to adhere to ethical norms.
Formalization of Representation
The formalization of representation in administrative proceedings is carried out by providing the court with documents confirming the representative's authority. These may include:
- Power of attorney issued in accordance with legal requirements.
- Documents confirming the status of a legal representative (birth certificate, court decision appointing a guardian, etc.).
- Certificate authorizing the practice of law (for lawyers).
Waiver of Representation and Termination of Powers
The principal has the right to withdraw representation at any time by notifying the court and the representative. Additionally, the powers of the representative may be terminated in case of:
- Expiration of the power of attorney term.
- Revocation of the power of attorney by the principal.
- Death of the principal or representative.
- Recognition of the principal or representative as incapacitated.
Significance of Representation in Administrative Proceedings
Representation in administrative proceedings plays a significant role in ensuring the effective and fair resolution of administrative disputes. It facilitates the realization of rights and interests of individuals who lack sufficient knowledge or resources to independently protect their rights in court. Representation ensures equality of parties in the process, which is a crucial element of justice.
Conclusion
The analysis of documents and the legal opinion indicate that the institution of representation in administrative proceedings plays an important role in ensuring the protection of the rights and interests of citizens and legal entities in relations with state authorities. The legal analysis of the situation establishes that the effective functioning of this institution contributes to the implementation of the principles of the rule of law, justice and equality of parties in the judicial process. This written consultation determines that it is necessary to continue work on improving the legal regulation of representation, raising the professional level of representatives and expanding access to legal aid for all segments of the population.
