THEORETICAL-LEGAL AND PRACTICAL PROBLEMS OF REPRESENTATION OF THE INTERESTS OF LEGAL ENTITIES IN THE ADMINISTRATIVE PROCEEDINGS

Abstract

The article examines the theoretical basis of determining the representation of legal entities in administrative proceedings, as well as practical problems of the implementation of this institute. It has been confirmed that representation in administrative proceedings is procedural by its legal nature, which distinguishes it from material representation and, at the same time, implies the presence of its own specific features, prerequisites for its occurrence, methods of implementation, and, accordingly, legal consequences, which determines the need for its additional studies. It has been found that procedural representation in administrative proceedings is organically connected with material representation, as it has a common legal nature with the latter, the basis of which is either established legal relations of trust between subjects (the party in the litigation and the representative) or the objective necessity of its application in the litigation. It has been proven that procedural representation is aimed at increasing the efficiency of protecting the rights and interests of legal entities, which has a positive effect on the legality of the judicial process and its compliance with the standards of administrative proceedings. The analyzed judicial practice allows us to assert that in the process of development of the legislation that regulates relations formed in the sphere of procedural representation in administrative proceedings, a unity of approaches was not formed in the documentary confirmation of the powers of the representative of legal entities as parties in an administrative dispute, which negatively affects the protection of rights and interests It was found that the above also follows from the difference between the concepts of “representation”and “self-representation” of legal entities in administrative proceedings. Conclusions were made about absence of ambiguity in the positions of the courts regarding the list of documents that confirm the authority of the representative of a legal entity, despite the legally defined provisions of the articles of the Code of Administrative Procedure of Ukraine, which in turn provokes situations of refusal to admit persons who are in an employment relationship with by legal entities to court proceedings and causes a violation of the principle of access to court, justice and rule of law.