On the issue of the criteria for the normative consolidation of the special powers of a representative in the civil process

The object of the study is one of the main elements of the procedural and legal status of a representative in the civil process - the special powers of the representative. The subject of the study is the norms of the branches of procedural (civil, arbitration and administrative) law governing the institution of judicial representation, as well as the work of procedural scientists on the problems of representation in court. Special attention is paid to the analysis of the state of legal regulation of the composition of the special powers of the representative, both from the point of view of compliance of the currently consolidated list of these powers with the criteria for classifying them as special, and from the point of view of the possibility or necessity of its replenishment due to the new rights of the parties and other persons involved in the case, which were consolidated after the entry into force of the current CPC RF. The methodological basis of the research consisted of the following methods: analysis, synthesis, system-structural, formal-logical, theoretical-predictive, comparative-legal, interpretation of legal norms. The novelty of the study lies in the fact that for the first time special powers are considered through the prism of objective criteria for their normative consolidation, due to the legal nature of the procedural actions performed by a representative on behalf of the represented. Based on the results of the study, the following conclusions were drawn. The normative consolidation of the composition of the special powers of a representative should be based, first of all, on the following criteria for classifying powers as special: the administrative nature of the representative's actions, the consequences of the representative's actions for the principal, the influence of the representative's actions on the emergence and movement of the case. The effect of several criteria simultaneously in relation to a particular authority should be considered as a factor additionally indicating the need for their inclusion in the special ones. In addition to the criteria, the adjustment of the scope of special powers should take into account: a) the need for a unified approach to regulating the issue of special powers of a representative in three types of legal proceedings — civil, arbitration and administrative; b) the emergence of new rights of the parties, the emergence of which, taking into account the criteria for attribution, should be based on direct consolidation in the power of attorney. Based on the analysis of the impact of the selected criteria on the regulation of the composition of the special powers of the representative, as well as taking into account the need to eliminate unjustified discrepancies in the regulation of this issue in civil, arbitration and administrative proceedings, proposals were made to supplement the list provided for in art. 54 of the CPC RF.