II
Let's consider the types of representation in civil law, then we will determine the subjective nature of each of them. For a long time, this issue has been considered by various researchers, provisions on subjects of procedural representation exist in legal regulations, for example, in the Civil Procedure Code of the Russian Federation. In the scientific literature there are two subjects of representation: a representative and a person whose interests are represented (principal). To define such a term as “representative of corporate entities” different scientists have carried out a random approach.
For example, Candidate of Legal Sciences V. V. Bulgakov defined a representative as a participant in a court session who performs actions on behalf of and in the interests of represented legal entities, as well as the consequences of such activities. M. V. Bogomolov considered that a representative is a person who provides services for a fee or gratuitously to represent the interests of legal entities within the Civil Code of the Russian Federation and having issued authority. After analyzing the opinions of the authors, it can be summed up that both an individual and a legal entity can be represented in court (in this material, legal entities).
Who can be a representative? The following criteria are presented to representatives, based on Article 49 of the Civil Procedure Code of the Russian Federation: 1) full legal capacity; 2) issued credentials; 3) lack of a certain status. On the basis of Part 1 of Article 37 of the Civil Procedure Code of the Russian Federation: civil procedural capacity arises in full by citizens who have reached the age of 18 years and organizations. Consequently, even after the process of emancipation by court, a minor does not have the right to act as a representative in court, except for legal representation. For example, guided by Part 2 of Article 62 of the RF IC, parents under the age of 16 act as legal representatives of the child in court.
Speaking about the second requirement (powers to conduct a case in court), it should be noted that their absence or defects in the form or content of documents entail the court's denial of the right to representation. Article 51 of the Civil Procedure Code of the Russian Federation establishes a list of certain officials who cannot be representatives in court. These are: judges, investigators and prosecutors. However, they have the right to be representatives of certain bodies (court, prosecutor's office, etc.) or legal representatives. On the basis of clause 5.1 of Article 12 of Federal Law No. 184 of 06.10.1999, a ban on participation as a representative has been established, which applies to deputies (in civil cases) if their activities are carried out on a professional permanent basis. Except for legal representation. In paragraph 5 of Article 17 of Federal Law No. 79 of 27.06.2004, there is also a ban on those persons who fill the position of civil service.