ON LEGAL NATURE INSTITUTE OF REPRESENTATIVE IN ADMINISTRATIVE LEGAL PROCEEDINGS

Authors

  • Aida B. Kaizhakparova
  • Berikzhan B. Yermekbayev

Keywords:

representative, administrative proceedings, civil proceedings, judicial protection, Administrative Procedure and Procedure Code, participants in administrative proceeding, lawyer

Abstract

The article is devoted to the study of the legal nature of the institution of representation in general, and in administrative proceedings in particular, as well as an analysis of the essence of the powers of a representative in administrative proceedings, since, despite the theoretical importance of this issue, the generally accepted concept of authority of a representative in administrative proceedings is not fixed. Despite its ancient origins and demanding attention in research, the institute of representation still causes undiminished interest in its content. Representation in the science of administrative law and law enforcement practice occupies a special place because of its importance and originality. This is one of the institutions with a large set of features and characteristics. Representation is not constant, but on the contrary due to the action of objective factors is subject to constant change. Therefore, the draft Administrative Procedure and Procedure Code of the Republic of Kazakhstan, without changing the essence of representation, should introduce a number of innovations and concepts, which should serve as objective confirmation of the significance of this institution at the moment.

The institute of representation is in all procedural laws, however its design is different in view of the composition of participants in a particular legal proceedings. Representatives in court proceedings provide qualified legal assistance to parties and interested parties. The institute of representation is undoubtedly the most important component of the right to judicial protection, but at the same time there are many questions that allow the current legislation and do not take into account the provisions of the draft Administrative Procedure and Procedure Code of the Republic of Kazakhstan.

Published

30.06.2019

How to Cite

Kaizhakparova . А. Б., & Yermekbayev . Б. Б. (2019). ON LEGAL NATURE INSTITUTE OF REPRESENTATIVE IN ADMINISTRATIVE LEGAL PROCEEDINGS. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 2(56). Retrieved from https://vestnik.zqai.kz/index.php/vestnik/article/view/334