Shpak M. Professional representation of a lawyer in civil procedure.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U002066

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

04-04-2019

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

This research focuses on theoretical and practical problems of a lawyer as a professional representative of clients in civil proceedings of the judicial bodies. Scientific opinions regarding concepts and types of procedural representation are analyzed in the thesis. Features of legal and contractual representation in civil proceedings are researched. Author’s proposal for classification of civil procedural representation is given. Theoretical principles and practical conclusions concerning the specific features and professional representation provided by persons having the legal status of a lawyer during the consideration and resolution of civil cases by the judicial bodies are formulated in the dissertation. Prospects of regulation of the given type of representation in civil proceedings based on the amendment of civil procedural and constitutional law of Ukraine are analyzed and studied, in terms of the Law of Ukraine "On Amendments to the Constitution of Ukraine (on justice)" (2016), and also taking into account existing draft laws registered on the official website of the Verkhovna Rada of Ukraine. Essential characteristics of the principle of professionalism as a basis for qualified legal assistance in professional activity of lawyers are analyzed, together with issues of admission of foreign lawyers as professional representatives in civil proceedings.

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