Public representation in civil procedure

Public representation is understood as compearance of workers of public associations on behalf of and in interests of public associations and other persons. Allocation of such variety of representation was undoubtedly relevant when procedural codes of the RSFSR existed, because representatives of organizations and trade unions were mentioned as separate groups of persons who could be representatives in the court. With the adoption of the Civil Procedure Code, which does not contain such norms, a contradiction between norms of the code and some federal laws emerges. The core of this contradiction consists in the list of variants of registration of powers of representatives, which is clearly defined by the Civil Procedure Code of the Russian Federation. None of the legal norms of Article 53 of the Civil Procedure Code of the Russian Federation supposes participation of public association's authorised representatives. Disadvantages of the formation of public representation examined in this article allow concluding that there is no real necessity of it nowadays, because it can be replaced with another institution. The institution of procedural complainant is the closest to public representation in its purposes. It is not a mere chance that when talking about public representation the law provides a possibility of participation of a public association in a trial as a person defending another's interests on its own behalf. Participation in a trial on its own behalf gives a public association an opportunity to avoid some difficulties in confirmation of powers. Primarily, these are problems concerned with legalisation of special powers of a representative provided by Article 54 of the Civil Procedure Code of the Russian Federation. It means that there are no special rules of drawing administrative powers. The grantor must present these powers to a representative. According to the literal sense of the Civil Procedure Code of the Russian Federation, a representative is able to join a suit that has already begun. Thereupon, it is predictable that the Russian authors society does not use the construction of public representation, although it can participate in a trial as a representative of authors according to the Civil Code of the Russian Federation. Nowadays there are no realistic premises for public representation. It seems that in due course the legal norms on public representation should be eliminated from the federal laws, as it happened with the Civil Procedure Code.

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