LEGAL STATUS OF THE REPRESENTATIVE IN JUDICIAL ADMINISTRATIVE PROCEEDINGS

Introduction. An important component of administrative proceedings is the institution of representation, which ensures the realization of the right to judicial protection. The institution of representation in administrative proceedings remains relevant in the conditions of modern legal and social changes, given the growing number of public legal disputes in which many citizens face difficulties in protecting their rights on their own. This increases the need for qualified representatives who can effectively protect the interests of citizens in courts. Socially vulnerable categories of the population, such as pensioners, people with disabilities, children, often cannot effectively defend their rights in court. Representatives who act on their behalf ensure access to justice and equality of the parties in the legal process. Putting the rules governing representation into a separate paragraph of the Code of Administrative Procedure does not allow answering the question of whether the representative has his own interest in the case and what his procedural capabilities are. The representative has no personal, material and legal interest in the case. The scope of his procedural powers is completely determined by the will of the principal, as a result of which the representative does not have his own procedural status in the case. Accordingly, the representative does not have the right to express his own, subjective opinion on all issues considered by the court. Purpose. The purpose of the study is to study the legal status of the representative in the judicial administrative process. Materials and methods. The materials of the study are: 1) regulatory and legal regulation of the legal status of the representative in the judicial administrative process; 2) works of domestic authors conducting research on the institution of representation in administrative proceedings 3) judicial practice regarding the distinction between the concepts of “provision of professional legal assistance” and “representation of a person in court”. The research uses a dialectical approach to the consideration of the problems with the use of general scientific and private scientific methods of scientific knowledge: comparative-legal, formal-legal, logical, systemic analysis, legal modeling. The results. The legal status of the representative in the administrative process is considered in the article based on a complex systematic analysis of the current legislation. It is noted that the place of the representative in the system of subjects of administrative proceedings has not been defined in the procedural legislation until now. The court, considering a case with the participation of a representative, should always try to find out the legal position of the principal himself — the person who participates in the case and will base his conclusions on it. The court has the right to ask questions to the person participating in the case directly, but this person has the corresponding right to delegate the authority for a reasoned answer to his representative. Deprivation of this right and the compulsion to answer questions in person may mean deprivation of the right to legal protection. Discussion.The legislator is obliged to ensure such a procedure for exercising the right to judicial protection through the institution of representation, which guarantees a person, taking into account the specifics of the category of cases, access to justice and protection of rights and freedoms. In this regard, it makes sense to supplement the Code of Administrative Proceedings of Ukraine with a clause enshrining the right of persons participating in the case to entrust the provision of explanations to a representative, and to add an instruction that the court evaluates the explanation of the representative given to the court within the limits of the authority granted by the principal.