A.V. STRYGINA,

LLM Program Student of the Department of Civil Procedure of the Law Faculty

of the Lomonosov Moscow State University

DOI: 10.24031/2226-0781-2017-7-2-202-212

The article examines theoretical and practical issues of legal representation, analyzes provisions of current legislation and proposals of legislative improvement are recognized in the Concept and the draft of the Unified Civil Procedure Code of the Russian Federation. This research turns attention to the terminological inconsistencies in the concept of «legal representation». It reveals a broader apprehension of legal representation that includes the cases provided in the substantive law. Justification of inadvisability of extensive approach is proposed on example of the rules on representation of captains of ships. The author conducts a historical analysis of this legislative provision and concludes that the legislative wording lost its relevance for the present time. The research proves the inability to name captains of ships as legal representatives and suggests that a basis of representation relationship in this case should be the power of attorney. The argumentation is based on the rationale of the danger of granting the full scope of the procedural powers to the person who is temporary replacing another competent person. These conclusions are supported by the court practice of application of this legal institution in the field of maritime transport. The article describes the ways to change the current procedural legislation in order to avoid adverse legal consequences with both procedural and substantive nature.

Keywords: judicial representation; legal representation; civil procedural legislation; representative in a civil case; captain of a ship.