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2.1.1. The representation - system of legal proceedings

the Most widespread definition of remedial representation is, perhaps, its definition as systems of legal proceedings or as activity. 1 Rjasentsev V. A. Concept and legal nature of power of the representative civil law.
Methodical materials (VJUZJ). Вып.2.1948. С.8. 56 The most typical and full definition is given A.F.Kozlovym. In its opinion, the judicial representation in civil procedure is a remedial activity of right-capable subjects from a name and in protection of the rights and interests of the parties protected by the law, the third parties, applicants and others interested on business лиц1. The similar concept of representation is given by A.A.Dobrovolsky defining it as conducting of business in court by one person in protection and in interests другого2. V.M.Sherstjuk defines judicial representation as activity of the representative in the civil procedure, carried out on behalf of represented on purpose to achieve for it the optimum decision, and also for rendering to it of the help in realisation of the rights, prevention of their infringements in process and rendering to court of assistance in justice realisation on civil делам3. From pre-revolutionary protsessualistov it is necessary to notice K.I.Malysheva whom ukazjual, that representation is replacement of one person with another when the representative operates in process instead of represented so consequences of its activity are reflected in this represented лице4. Representation data are exclusive to remedial activity inevitably involve a question on a place of legal proceedings and remedial activity in civil procedure. Some scientists-protsessualisty approve, that activity of court and other participants protses - A.F.representation's 1 Goats in court \\Civil procedure. МБек.1995. С96. It. Representation in court \\the Soviet civil procedure. M. 1978. С.96. It. Representation in court \\the Soviet civil procedure. M. 1988. С.116. A.A.Dobrovolsky. Representation in court \\Soviet civil about-tsess. M. 1979. С61. 3 V.M.Sherstjuk. Representation in court \\the civil procedure Textbook. M. СпаркЛ996. S.PZ. 4 Malyshev K.I.course of civil legal proceedings. SPb. 1878. T.l. C.207-208. 57 sa, settled by the civil procedure, and final process represent civil процесс1. Others specify, that civil procedure - is remedial activity and the legal relations of court connected with it and other participants процесса2. Legal proceedings play process a double role. First, they are remedial juridical facts, with kotorshi the civil law of procedure connects possibility of occurrence, change and the termination of civil laws of procedure and duties. N.A.Chechina approves, that only legal proceedings or inactivity carry out in civil legal proceedings a role legal фактов3. However the majority of authors considers, that remedial juridical facts are and события4. Secondly, legal proceedings are the realisation form all subjects of civil remedial legal relations of the rights given to it and обязанностей5. From this point of view definition of judicial representation as remedial activity, system of legal proceedings, business conducting reflects dynamics of process and is of great importance for practical activities of the representative, allows to concentrate on concrete work on realisation of its powers in court. Representation definition as legal proceedings focuses attention of the researcher that remedial prehundred - See, for example: the Soviet civil procedure (under the editorship of Shakarjan M. S). M. 1985. С.7. 2 See: the Soviet civil procedure (under the editorship of Komissarova K.I., Semenova V. M). M. 1988. With. 11-12. 3 CHechina N.A.civil remedial relations. L. 1962. С.47. 4 Review of the literature on this question see: Jarkov V.V. n in me hanizme realisations of norms of the civil law of procedure. Ekaterinburg. 1992. WITH. 16. 5 Reshetnikova I.V.subject and system of a science of the civil law of procedure \\Civil procedure. M.Bek. 1995. S.5-6. 58 vitel is the active participant of the process which activity is directed on reception of certain legal result for represented, and the nearest result of activity of the representative is occurrence, change and the termination of civil laws of procedure and duties represented and realisation of these rights and duties. At the same time, such definition has also set of lacks. First, it is mechanistic, that is only describes the external phenomena occurring within the limits of representation, not showing essence of representation, its place in the legal system. Secondly, it disregards absolutely presence and the maintenance of the legal relations developing between the representative and represented, by the representative and court. Thirdly, such concept does not cover the public relations which are doing not constitute actually of activity, but settled by norms of institute of judicial representation, for example, the relations connected with the bases (the authorisation, the power of attorney) and subjects of representation (the persons, having the right to be representatives), property relations under the reimbursement for the representative.
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A source: Khalatov, Sergey Aleksandrovich. Problems of representation in civil Legal proceedings / thesis. 2002

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