Open AccessProfessional Representation in the Civil Court under the Judicial Reform
Author(s) -
Юлия Дружинина,
Yulia Druzhinina,
Егор Трезубов,
Егор Трезубов
Publication year - 2019
Publication title -
vestnik kemerovskogo gosudarstvennogo universiteta. seriâ: gumanitarnye i obŝestvennye nauki
Language(s) - English
Resource type - Journals
eISSN - 2541-9145
pISSN - 2542-1840
DOI - 10.21603/2542-1840-2019-3-2-165-172
Subject(s) - law , arbitration , political science , jurisdiction , legislation , civil procedure , impossibility , interpretation (philosophy) , representation (politics) , field (mathematics) , sociology , computer science , mathematics , politics , pure mathematics , programming language
The paper features the problem of the qualification standard for court representatives introduced into the Civil Procedure Code and the Arbitration Procedure of the Russian Federation. The current legislation that regulates relations in the field of higher education allows for a broader interpretation of the concept of “person with higher education”. In this regard, not every person with a higher legal education will be able to provide a qualitative representation in court. It may interfere with the right to qualified legal assistance and does not improve the quality of such assistance. The authors do not approve of the fact that the figure of attorney was excluded from the final text of the law, as well as the impossibility of joint representation of the party’s interests by several persons, including those without higher legal education, provided that at least one of them has the necessary education. The authors highlight various separate procedural problems associated with the non-uniform character of the requirements for representatives depending on the type of court. These problems are also found in the implementation of another institute introduced by the Federal Law of November 28, 2018, No. 451-FZ – namely, reference of jurisdiction.