Constitutional Principles of Contractual Representation in Ukraine: Problems of Theory and Practice

  • Vadym TSIURA Department of Taras Shevchenko National University of Kyiv, Kyiv, Ukraine
  • Susanna SULEIMANOVA Department of Civil Procedure of National University, Odessa Law Academy, Odessa, Ukraine
  • Oleksandr SOTULA Department of Criminal Law of National University, Odessa Law Academy, Odessa, Ukraine
  • Vita PANASIUK Department of Constitutional Law of National University, Odessa Law Academy, Odessa, Ukraine
  • Volodymyra DOBROVOLSKA Department of Economic Law and Procedure of National University, Odessa Law Academy, Odessa, Ukraine

Abstract

The research is devoted to the issue of the nature and essence of the contractual representation as a legal relationship and a constitutional principle.The current understanding of the institution of representation in the context of the provisions of the Code of Civil Procedure of Ukraine and the Civil Code of Ukraine is ambiguous and this problem needs to be solved. In order to determine the true meaning of the legal institute of representation, the authors of the article made an attempt to study it through the lens of the norms of the current constitution of Ukraine.The methods of scientific research, used by the authors are the analysis, the synthesis, the deduction and induction,the comparison-legal method. All these methods in their convergence made it possible to find out the current state of the existing legislation and legal doctrine in the context of contractual representation and to offer the authors’ own vision of directions of improvement of the studied legal institute.In the result of the study the authors made a conclusion that a contractual representation is a kind of representation, arising out of a contract or other act that underlies the will of the person represented (the principal) and the person representing (the attorney) and the agreement between them. It is important for both the practice of law and the theory of law that the understanding of the essence of the said institute and the approaches to regulating relations of representation in the Civil Code and in the Civil Procedure Code be the same.


 

References

[1] Biryukov, I.A., and Zaika, Y.A. (Eds.). 2014. Civil Law of Ukraine: General Provisions. Alerta Publishing House.
[2] Chvankin, S.A. 2005. Voluntary Representation in the Civil Process of Ukraine. PhD diss., National University ‘Odessa Law Academy’.
[3] Civil Code of Ukraine. 2003. Verkhovna Rada (Ukrainian Parliament). http://zakon4.rada.gov.ua/laws/show/435-15.
[4] Code of Civil Procedure of Ukraine. 2004. Verkhovna Rada (Ukrainian Parliament).https://zakon.rada.gov.ua/laws/show/1618-15.
[5] Constitution of Ukraine. 1996. Verkhovna Rada (Ukrainian Parliament). https://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80.
[6] Dzera, O.V. 2017. Civil law: General Provisions. Yurinkom Inter Publishing House.
[7] Kharytonov, E.O., Kharytonova, O.I., and Dreshlyuk, A.I. 2007. Voluntary representation in the civil law of Ukraine. Istina Publishing House.
[8] Kharytonov, E., et al. 2019. Information Security and Means of Its Legal Support. Amazonia Investiga 8(19): 255-265. https://www.amazoniainvestiga.info/index.php/amazonia/article/view/227.
[9] Kmetyk, K.V., and Takadzhi, L.G. 2017. Essence and Peculiarities of the Contractual Representation. Forum Prava, 5: 175–80.
[10] Lazko, G.Z. 2006. The legal nature of representation in the civil process. PhD diss., Academy of Labor and Social Relations of the Federation of Trade Unions of Ukraine.
[11] Maydanyk, R.A. 2012. Civil law: General Provisions.Alerta Publishing House.
[12] Pavlunik, I.A. 2002. Representation in the civil process of Ukraine. PhD diss., Taras Shevchenko National University of Kyiv.
[13] Podiprigora, O.A. 1995. Civil Law. Venturi Publishing House.
[14] Shevchenko. Ya.M. 2006. Civil Law of Ukraine. In Yure Publishing House.
[15] Shiska, R.B. (Ed.). 2018. Civil Law of Ukraine. Second Edition. Lyra Publishing House.
[16] Shtefan, M.I., Drizhchanaya, E.G., and Gusev, E.V. 1991. Representation of citizens in court. Lybid Publishing House.
[17] Spasibo-Fateeva, I.V. 2012. Problems of modern regulation of representation. University scientific notes 1: 249-59.
[18] Tsiura V.V. 2009. Legal Features of Representation in the Light of General Theory of Civil Law. Bulletin of the Ministry of Justice of Ukraine 10: 42-48.
[19] Tsiura V.V. 2016. To the question of the form of separate representative contracts. Scientific Bulletin of Uzhgorod National University 39 (1): 75–80.
[20] Tsura V.V. 2017.The institute of representation in the civil law of Ukraine.Doctor of Law diss., Taras Shevchenko National University of Kyiv.
[21] Vlasov, A.A. 2000. Lawyer as the subject of evidence in the civil and arbitration process. Yurlitinform Publishing House.
[22] Yanovitska, G.B., and Kucher, V.O. 2011. Civil Law of Ukraine. Lviv State University of Internal Affairs Publishing.
[23] Zaika, Yu.O. 2005. Ukrainian civil law. Istina Publishing House.
Published
2019-06-30
How to Cite
TSIURA, Vadym et al. Constitutional Principles of Contractual Representation in Ukraine: Problems of Theory and Practice. Journal of Advanced Research in Law and Economics, [S.l.], v. 10, n. 3, p. 948-953, june 2019. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/4705>. Date accessed: 25 june 2022. doi: https://doi.org/10.14505//jarle.v10.3(41).33.