RESPONSIBILITY OF JUDICIAL REPRESENTATIVE IN THE CIVIL LEGAL PROCEEDING FOR THE IMPROPER REALIZATION OF ITS FUNCTIONS
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 2, Issue
Abstract
This article concerns the question of judicial representative’s responsibility in case of improper implementations of his functions. The question of judicial representative’s responsibility for improper implementations of his functions is related to his legal relationships with the person whose interests he’s protecting. The question of an advocate’s disciplinary responsibility is well-regulated in the active law for judicial representation. The legal adjusing of its civil liability needs some perfection in particular introduction of effective mechanism of risk insurance. The question not only of other contractual but also authorized and legal representatives are regulated by the general provisions about responsibility. The judicial machineries of defence a person from his representative’s improper actions in court it is necessary to consider his right to limit the authority of contractual and regulation representative and personally control his actions. A person has a legal right to apply the solicitor about replacement of his legal representative and judicial control for realization by the legal representative of row of perspective judicial rights. The person has an assured right to control actions of its representative in the process of judicial trial. There are some limited possibilities to bring a judicial representative to responsibility for the improper implementation and it can be regarded as an argument in behalf of input of advocates’ limited monopoly in the sphere of contractual judicial representative office.
Authors and Affiliations
О. Ю. Русин
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