Representation as a type of advocacy: legal problems

Zakharova Irina Valentinovna

This article examines the issue of legal problems of representation by lawyers of their clients in the provision of legal assistance, including the protection of rights and legitimate interests in civil and criminal proceedings. According to the author, there are gaps and contradictions in the legislation that prevent lawyers from protecting the rights and legitimate interests of their principals in full. Procedural law provides for the obligation of lawyers to confirm their powers with a certified power of attorney, which entails the impossibility of conscientious, comprehensive execution of the order, if the lawyer is appointed as a representative by the court. With the participation of a lawyer to protect the rights of the defendant, whose place of residence and location has not been established by the court, the lawyer is limited in procedural rights, since he does not have the opportunity to properly issue a number of powers.

Keywords:legal aid, lawyer, advocacy, representation, civil proceedings, power of attorney, principal, lawyer community, by appointment of the court, process, parties, criminal proceedings.