REPRESENTATION AND THE FUNCTION OF REPRESENTATION BY THE PROSECUTOR
Journal Title: «Приватне та публічне право» - Year 2018, Vol 2, Issue
Abstract
The article analyzing concepts of “representation” and “representation by the prosecutor” in various branch of law. Researching main problems of representation interests of natural or legal person, also interests of the State. In the period of reforming the legal system of Ukraine, the issue of the representation of the prosecutor has been devoted to more than one scientific work of domestic jurists. However, a unified approach to this problem by scientists has not been achieved. The institution of representation covers not only prosecutorial staff, but also attorneys and other persons who legally have the right to represent interests in the court. The analysis of judicial practice of economic, administrative courts and courts of general jurisdiction emphasize the problem of justification for the representation of the interests of the State in court. Representation is the most interesting, controversial, developed and humane institute in the domestic legal process. It is the protection of the legitimate rights and interests of citizens, associations of citizens and the State. Officials who are or may be representatives in the current legislation include not only relatives, but also officials, representatives of professions, which are entrusted by law with the function of representation, which is carried out as needed and when necessary. This is the legal representative (attorney), representative, defense counsel and prosecutor. Particular attention deserves the last kind of representation, which causes a number of controversial issues and scientific discussions. In which cases, the prosecutor may refuse a person to provide legal assistance, which is the representation of interests, and in which it is his direct responsibility
Authors and Affiliations
Т. Є. Мироненко
Keywords
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