К вопросу о реализации принципов права в судебном представительстве по гражданским делам

Abstract

Based on an interdisciplinary approach, the article studies the forms of implementation of the principles of civil procedure as the basis for legal regulation of the activities of a judicial representative in civil proceedings. The author comes to the conclusion that the effect of the principles of civil procedure in the activities of a judicial representative in civil cases is manifested in determining his procedural position, as well as the nature of his civil procedural activities. The principle of discretion in the activities of a judicial representative is implemented indirectly due to the fact that he acts within the framework of the powers delegated to him by the principal. The interaction of the principles of legality and discretion in the activities of a representative in court lies in the fact that the protection of the interests of the principal is carried out by the lawyer only by procedural means provided for by law. Within the framework of adversarial powers, a judicial representative is more independent of the will of his client than when he exercises discretionary rights.