THE NEED FOR THE PARTICIPATION OF A REPRESENTATIVE WITH A LEGAL BACKGROUND IN CIVIL SUDOPROIZVODSTVE

The relationship between the citizens and organizations that arise from family, housing, labor, social, and often ends with conflict of interest, which may allow only a special way – by filing a claim in court. Getting into a specific environment, some citizens are lost in the intricacies and subtleties of the procedural basics, which leads to a negative outcome – the loss of business. To help the party to implement fully their procedural rights only by a qualified representative who knows the law, versed in the procedural peculiarities and versed in law enforcement.

The aim of the study was to study the question on necessity of participation of a representative of each civil case, in order to improve the quality, effectiveness and availability of judicial protection in the Russian Federation. Research is carried out through the prism of one of the fundamental principles of civil proceedings – the adversarial principle, the implementation of which depends overall on the sides. The implementation of this principle, impossible to fully, if at hand, which could accessible language to inform to citizen what action (file a petition for examination, to call witnesses, to clarify the claims, etc.) must be made to protect and justify their case.

This paper studied the views of scholars, practitioners, and ordinary citizens on the issue of the introduction of mandatory requirements for representatives of civil cases – legal education. Some believe that only a person with such education may be representative of, others on the contrary believe that it does not guarantee a proper protection in court. Following the analysis of judicial practice, the necessity of participation of a representative in civil cases. The conclusion is made about the mandatory presence of the person acting as a representative in civil cases, legal education.