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the CONCLUSION

Finishing this research, it is necessary to stop short on the basic conclusions which have been made with reference to representation problems in civil legal proceedings. The remedial representation historically developed from forced to the voluntary.
Originally the representation has been urged to provide possibility of protection of the rights of those subjects, which under objective causes 1 Berg U, Reshetnikova I.V., Jarkov V.V. n: civil jurisdiction problems. Ekaterinburg, 1996. With. 104-111. 172 Could not carry out the actions the protection, for example, owing to incapacity. The further development of representation went on way of expansion of subjects which could take advantage of the help of the representative. From times of Ancient Rome realisation of the rights of the legal representative was understood as a public duty. 6 ancient Rome, in the French, German and Anglo-American civil procedure in activity of the representative were allocated and allocated lawyer and strjapchesky elements. The major importance of the lawyer consisted that it represented itself as the public figure, the expert and the defender of the right - an independent remedial figure. Strjapchy represented itself as authorised tjazhushchimsja the official, called to help it mainly in drawing up of documents and observance of forms and legal proceedings ceremonies. The general tendency from rigid division to combination of functions of the lawyer and strjapchego one person is revealed. There were rigid requirements to the person of the remedial representative, its formation and an accessory to lawyer or strjapcheskomu to estate that has led to formation lawyer and strjapcheskoj monopolies for representation in vessels. The remedial representation in the best way shows all lines in conditions sostjazatelnogo public process. For this reason the representation in vessels has received the greatest development in the countries with sostjazatelnoj civil procedure system where representatives are the most active participants of trial. Definition of concept of representation in court through system of legal proceedings, the remedial relation, remedial relations or remedial institute is reflected by its various lines, help to study this legal phenomenon more deeply. The concept of remedial representation can be given as unity of three components: legal proceedings and the relations consolidated in institute. Preconditions for participation in civil procedure is presence of the civil standing in court both the representative, and represented. 173 The power of attorney on which basis in civil procedure operate the majority of representatives, is the document given out by one person (represented) other (representative) and fixing power (represented) to another (representative) of last for representation before court. The remedial legislation does not contain obstacles for participation in business on behalf of one represented several representatives, and also a joint executive office on behalf of the legal person. Some representatives cannot operate on behalf of one represented on the basis of one power of attorney as interpretation of articles 182 and 188 PS the Russian Federation, regulating an order of delivery and the termination of the power of attorney, specifies that the power of attorney certificates power of one person. At inconsistency of actions of several representatives under several powers of attorney the court should recognise according to article 157 GPK RSFSR obligatory participation in process represented.
If to deny possibility of participation on behalf of the legal person of its joint executive office it is necessary to draw a conclusion on remedial incapacity of legal bodies, ispolnitelnsh which body the executive office that contradicts the civil law of procedure is unique joint. Inconsistency of norms of the civil and civil law of procedure has led to that the general partnership and the limited partnership are remedially incapacitated now. For this reason entering of additions into the civil remedial legislation, allocating with the right to operate in court on behalf of legal bodies of participants of the legal person in cases, statutory is required. What contract would not connect the representative and represented the first to be admitted in process, is obliged to present to court the civil-law power of attorney. Owing to requisitions GPK the contract between the representative and represented has no value of the document certificating powers of the representative in civil procedure. The remedial representative executes a public duty, korrespondirujushchuju to a constitutional law on reception kvalifitsi - 174 rovannoj a legal aid, and also a duty before represented, following from legal relations between the representative and represented. Simultaneously the representative is allocated by civil laws of procedure. Power of the remedial representative is the right of the representative for fulfilment from a name from a name and in interests represented the legal proceedings directed on occurrence in connection with civil procedure of certain legal effects for represented, and simultaneously as a duty to make the specified actions. The representation in civil legal proceedings is an element, from a place and value in process in a considerable part the system of process is defined. The court agent should be carried to the persons participating in business as it is allocated by own laws of procedure, has legal interest in process and expresses own will. The remedial representation is complex interbranch institute as is regulated as material, and protsessualnshi by branches of law, besides, the unity of representation in remedial branches of law also testifies to complex character of remedial representation. Development of remedial representation is caused by international legal, constitutional, financially-legal and remedially-legal preconditions which number, in particular, concern: consideration by representation international law as the phenomenon providing equality of all before the law, the right to access to court, special attention of international legal certificates to questions of rendering of free legal aid; the right to judicial protection and to reception of the qualified legal aid is guaranteed by articles 46 and 48 Constitutions of the Russian Federation and do not come under to restriction; formation new and development of the traditional branches of law, demanding specialisations and deep legal knowledge; reduction of activity of court and development of a principle of competitiveness, increase in sphere of action of a principle dispozitivno - 175 Hundred, expansion of use of extrajudicial means of ways of the legal conflicts, assuming rendering of the qualified legal aid. Legal actions for realisation of guarantees at legal aid rendering should consist in such reforming of legal system as a whole and the law of procedure in particular at which the legislation gave possibility of judicial protection of the rights to all subjects without dependence from their material, a social status and other factors. Protection of the "weak" party in process should be assigned to the representative for what mechanisms of "the right of public interest» should be used actively, uses of the legal possibilities given by articles 41 and 42 GPK RSFSR, grantings of privileges on payment of the state duty and payment of a legal aid depending on the valid property status of the person, instead of from a civil case category. 176
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A source: Khalatov, Sergey Aleksandrovich. Problems of representation in civil Legal proceedings / thesis. 2002

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