Представництво як правовий інститут адміністративного судочинства

The article, based on current legislation, examines representation as a legal institution of administrative justice. The object of the study is legal relations in the field of representation. The basis of the study are the norms of administrative law on representation, doctrinal legal literature, which analyzes legal relations in the field of representation. In order to substantiate optimal conclusions regarding various aspects of the institution of representation, a systemic legal method was used. It is indicated that representation in administrative justice is a special type of judicial representation, which is defined as a separate activity of one person (representative) established by the norms of administrative procedural law for the purpose of providing legal assistance, protecting the rights and legitimate interests of another person (who is represented). It is noted that the peculiarity of representation relations in administrative justice is that the expression of the will of the representative can create, change or terminate the rights and obligations of the person, but not the representative himself. This plays an important role in characterizing the meaning of the legal capacity and capacity of the representative and the represented in comparison with the participants in other administrative-legal relations. Administrative procedural legislation and its imperative norms may to one degree or another limit the freedom of will of the parties in terms of the emergence, change or termination of the representation relations, regulation of the scope and limits of powers, issues of the exercise of powers. However, as a general rule, they are the source of the representation relations, and these issues are regulated at the discretion of the parties. The relations of representation in administrative proceedings as a public-law institution are characterized by structural features that characterize a number of other legal relations. As an independent type of procedural-legal activity, representation in administrative proceedings is a type of judicial representation, has its own characteristics, the isolation of regulatory regulation and the system of subjects of representation, the main general and specific features.