PROBLEMS OF UNDERSTANDING THE PROCEDURAL FORM OF LAWYER'S PARTICIPATION IN ADMINISTRATIVE PROCEEDINGS

Abstract

The article examines the concept of the procedural form of a lawyer's participation in administrative proceedings, which is an important component of the lawyer's activity and which is implemented at the levels of administrative proceedings. It is noted that the procedural form of a lawyer's participation in administrative proceedings is the procedure and conditions established by law for the implementation of individual procedural actions and in their entirety and the official confirmation of their progress and results. This procedural form depends on many factors: the type of proceedings (judicial or extrajudicial); instances; categories of administrative cases; attorney's powers in the process, etc. The main types of advocacy activities that can be implemented within the framework of administrative proceedings are defined, and it is emphasized that these powers can be conditionally divided into two main sub castes: representation and protection of rights, freedoms and interests of individuals. It is emphasized that the legal basis of the lawyer's activity is formed by a large number of normative legal acts and the rules of lawyer's ethics, which determine the procedural forms of the lawyer's participation in certain administrative proceedings. It was established that the effectiveness of the implementation of the procedural form of the activity of lawyers in administrative proceedings is affected by existing unresolved problematic points, for example, in the context of representation. It was concluded that further research into the procedural forms of the lawyer's participation in administrative proceedings is important for ensuring justice and protecting the rights of individuals, due to the fact that: a) these developments will contribute to the introduction of additional guarantees in favor of the individual's right to a fair administrative process; b) these studies will help to optimize the activity of the administrative court and participants in administrative proceedings at various stages, stages and instances; c) update their professional skills and practical experience, etc. It is emphasized the need to carry out complex studies of the issue in the context of the latest challenges of today.