The conflict of legal regulation of representation in civil and commercial judicial proceedings through the lens of their tasks

Problem setting. The effectiveness of the protection of violated, unrecognized or challenged rights, freedoms or interests of individuals, rights and interests of legal entities, interests of the State sometimes directly depends on the participation of representatives in the legal process. In this regard, the article is devoted to the identification of conflicts and gaps in the legal regulation of representation in civil and commercial proceedings, taking into account the fulfillment of their tasks. Analysis of recent researches and publications. Some aspects of representation or its general characteristics within civil or commercial proceedings were studied by Yu. V. Bilousov, K. V. Husarov, S. M. Hushylyk, O. S. Yepanchintsev, D. V. Ivanchulynets, V. V. Komarov, H. Z. Lazko, O. V. Rossylna, O. Yu. Rusyn, H. O. Svitlychna, S. Ya. Fursa, S. A. Chvankin, M. V. Shpak. However, no attention was paid to the detailed comparative characteristics of the provisions of civil procedural and economic procedural legislation in the relevant context. Purpose of research is identification of existing contradictions in the regulation of participation of representatives in the judicial process based on the analysis of the relevant provisions of the Civil Procedure Code of Ukraine and the Economic Procedure Code of Ukraine taking into account the challenges of judicial proceedings and identifying ways to address them. Article’s main body. The regulatory requirements for representative identity and limitations on the exercise of procedural representation are analyzed in detail, the features of the special procedural status of the legal representative are characterized, the issue of on the simultaneous participation of several representatives of a party in a case with the same or different powers is investigated. Conclusions and prospects for the development. In connection with the identification of conflicts in the study of legal regulation of representation in civil and commercial proceedings, the need to eliminate such conflicts is scientifically justified through their objectives. With this in mind, it is proposed to amend the Civil Procedure Code of Ukraine and the Economic Procedure Code of Ukraine for unification of identical provisions, as well as ensuring unambiguous perception of regulatory requirements in enforcement activities.