Problems of Responsibility of Legal Entity Representatives in the Civil Process
The article highlights the issues of responsibility of legal entity representatives in the civil process and defines the specifics of the legal status of procedural representatives. The forms of securing the powers of the procedural representative of a legal entity are considered. There are gaps in the legal regulation of the institution of legal representation of legal entities that make it difficult to separate it from the institution of procedural representation. The authors draw attention to the need to introduce legislative changes, taking into account the specifics of the subject composition of the institution of representation and the nature of the interest pursued by a particular representative. It is proved that in order to identify and consider cases of passive procedural behavior of a representative of a legal entity, clear criteria for the illegality of his behavior within the framework of a civil procedure and a specific case are necessary. Along with the material losses of a legal entity from the illegal actions of its procedural representative, it is proposed to consider the procedural negative consequences. The relevance of the study is due to the need to analyze and comprehend the institution of procedural representation of a legal entity in the light of the implementation of its procedural rights as a participant in legal proceedings, as well as the relationship between the responsibilities of the representative and the principal in a civil process involving a legal entity.
Authors
- Damir Khamitovich Valeev (ORCID: https://orcid.org/0000-0002-3233-2400)
Institutions
- Kazan Federal University (RU)
Publication Details
- Journal
- Journal of Russian Law
- Published
- 2025-01-01
- DOI
- https://doi.org/10.61205/s160565900032896-9
- Primary Topic
- European and International Law Studies
- Type
- article
- Field-Weighted Citation Impact
- 0.00