860
Every person has the constitutional right to represent interests in court independently or through representatives. Previously, not only lawyers, but also lawyers who acted in court under a power of attorney certified by a notary could act as representatives. Legal advisers acted as representatives of legal entities. A power of attorney issued by the head of an organization, institution, or enterprise was sufficient to confirm the authority. It concerned representation in civil proceedings.
However, only a lawyer who has the appropriate certificate of the right to engage in legal activities and whose information is entered in the Unified State Register can act as a defender in a criminal trial.
But since January 2019, a lot has changed, and it is connected with the introduction of changes to the Constitution of Ukraine. Thus, in paragraph 11 of the Transitional Regulations, it is indicated that the representation of the interests of persons in the courts of the first instance may be carried out exclusively by lawyers. So far, the question of representing the interests of local self-government bodies and state authorities has remained open.
It turns out that the legal profession today is monopolistic. But there are exceptions. So, the involvement of a lawyer is optional in cases of the following categories:
- labor disputes;
- protection of social rights;
- referendums, elections;
- minor disputes
As for minor disputes, there is no exhaustive list of such disputes in the legislation. Only the court is authorized to decide whether the dispute is insignificant or not.
Also, there are no innovations in representation in cases involving minors, minors with limited legal capacity or those who are completely incapacitated. Their representatives are legal representatives.
Representation in the arbitration court
The types of representation in the arbitration (economic) court are provided for by the Economic Procedural Code. The legislator distinguishes the following types of representation:
- legal assistance;
- legal representatives
Legal assistance can only be provided by lawyers. Lawyers can act as representatives of the plaintiff, the defendant, and third parties. As for legal representatives, the law includes persons who have reached the age of majority and have legal capacity to proceed.
Note! Legal representatives can appear in court only in case of consideration of minor disputes.
The powers of representatives are confirmed by a warrant or a power of attorney issued in accordance with the procedure established by law.
Representation in civil courts
The new Civil Procedure Code states that a lawyer or a legal representative can be a representative in court. An exception is representation in the following disputes:
- arising from labor relations;
- minor disputes, where the representative can be a person who has reached the age of majority and has full legal capacity;
- representation by a legal representative for minors or minors, as well as persons recognized by court as incompetent or with limited legal capacity.
Let's summarize. Currently, lawyers have an almost absolute right to represent interests in court. Their powers, rights and obligations are stipulated by the Law "On Advocacy", the Law "On Free Legal Aid".
Lawyers who previously represented interests in courts of general jurisdiction by notarial power of attorney can no longer act as representatives of persons. Thus, a person can defend his rights, legitimate interests, or conclude a contract with a lawyer.
