REPRESENTATION IN THE ADMINISTRATIVE JUDICIARY OF UKRAINE AND ITS SIGNIFICANCE IN DISPUTES CONCERNING THE DEVELOPMENT OF INFRASTRUCTURE OF POPULATED AREAS

The article reveals the essence of representation in the administrative justice of Ukraine. In particular, the state of regulatory and legal regulation of the participation of a representative in the administrative process is investigated, types of representation are classified and characterized. Based on the analysis of the norms of procedural law that regulate issues related to the participation of a representative in the administrative court, it is emphasized that the institution of representation in the administrative process has undergone significant changes in the course of the judicial reform and is constantly transforming. It is noted that from the “persons participating in the case” the legislator has removed “representatives” into a separate category of participants in the legal process, and “bodies and persons who are granted the right by law to apply to the court in the interests of other persons” have been included in the “participants in the case” and removed them from “representatives by law”. Such a type of representation as “self-representation” has been introduced. It is also noted that a contractual representative in administrative proceedings is, as a rule, an attorney, i.e. a person who practices law in accordance with the legislation of Ukraine, or, and only in cases specified by law, an individual who has administrative procedural capacity. The arguments for and against the attorney monopoly are presented. It is concluded that there are three types of procedural representation in administrative proceedings in Ukraine: - self-representation (i.e., any participant in the case can participate in court in person and represent himself); - representation by law (this type of representation can be implemented by parents, adoptive parents, guardians and other bodies or persons specified by law); - representation by contract (this type of representation can be provided, as a rule, by an attorney, and in cases specified by the CAS of Ukraine, by an individual who has administrative procedural capacity). Special attention is given to the application of these three types of procedural representation in disputes arising in the field of urban planning. It is emphasized that in cases concerning the implementation of infrastructure projects, the balance between public and private interests is clearly manifested, and the institution of representation plays a key role in ensuring the protection of the rights of citizens (residents) of a settlement, territorial communities, as well as developers and investors. It is emphasized that the level of legal regulation of the participation of a representative in the consideration of a case, the lawyer's monopoly, and the participation of a person in the procedure of self-representation in the administrative process requires further improvement.