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Representation in Civil and Commercial Proceedings: Problems of Theory and Practical Application

Student: Valeriya Kazakova

Supervisor: Marina V. Kleponosova

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Final Grade: 9

Year of Graduation: 2016

This project is intended to cover the major issues of representation in civil and commercial proceedings. Effective judicial protection is an essential element in all legal orders, in so far as it allows individuals to enforce their rights and obtain redress. Though the topic ranks among traditional studies – there are numerous theoretical and empirical works on the study in question – it seems to be always of interest. The study means to pursues to become one of the investigations and aims at considering the most essential problems connected with procedural representation. Сivil and commercial procedural representation in terms of its fundamental concept, the place and role in the civil proceedings, relationship to other legal phenomena inherent in this jurisprudence, remains largely "terra incognita" of civil and commercial procedural law. The thorough doctrinal sources examination allows to formulate and to substantiate authors definition of procedural representation and conception of procedural representative legal status. Also the author suggest some proposals on improving on constitutional provisions to the right to qualified legal assistance realization. The main directions of developing the advocacy function of representation in civil procedure are defined.

Full text (added May 14, 2016)

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