THE CONCEPT OF REPRESENTATION: FEATURES AND IMPLICATIONS

Аннотация

INTRODUCTION share of the "shadow economy," transferring all Human activity is so extensive that everything civil law relations to the legal sphere. around him, except the earth and other natural resources, is his creation. The existence of this The institution of representation is a set of legal situation cannot be imagined without legal and technical procedures through which a person regulation, as most actions taken by a person are designated as a representative performs legal carried out by legal acts. Legal entities, as a rule, actions in relation to a person authorized by third personally carry out legal actions, for which they parties on behalf of and at their expense. draw up relevant documents, and therefore are Representation is based on the possibility of required to participate in the signing or execution replacing one person with another, a substitution of these documents, but in everyday life there may established by law (legitimate representation) or be cases where the subject of legal relations cannot permitted (contractual and judicial participate in the commission of these actions, and representation), and thereby means that the in such cases, there is a need for another person to consequences of the actions committed by one participate in his place and on his behalf. The person arise not directly against him, but against intensity of legal document creation depends on the person who granted such authority. the level of societal development, economic, One reason for this is that it is a technical means by cultural development, and others. It is necessary to which disabled persons exercise their rights and emphasize the importance of this process in our assume their responsibilities by performing legal country, especially in the context of reducing the actions through other persons called legal https://www.theamericanjournals.com/index.php/tajpslc 19 THE USA JOURNALS THE AMERICAN JOURNAL OF APPLIED SCIENCES (ISSN – 2689-0992) VOLUME 06 ISSUE06 representatives (parents and guardians). factual reasons, among which the following can be Individuals often seek representation by other distinguished: illness, absence of a person at home, people by drawing up various contracts that allow lack of desire of the right holder or the person them to receive or transfer salaries, fees, various obliged to exercise the right or fulfill the obligation, documents, or material benefits. The institution of lack of knowledge or skills in a particular area, etc. representation is used to represent interests in It should be noted that legal literature has court or arbitration. developed a number of opinions and approaches to The defining elements of representation are the the concept and essence of representation in civil expressions "by name" and "from name." When it law. Since representative relations have existed comes to acting "on behalf" of the representative, among people since ancient times, it is appropriate the first acts only physically when the document is that many opinions have been put forward drawn up, but represents the will of the second. In regarding the understanding and interpretation of other words, in civil law relations, the this system of relations. In particular, according to representative is and remains the owner of his D.B. Korotkov, "representative organizational and name and will, but in representation, he becomes informational relations, regulated by civil law, the owner of the name and will of another person within which the representative determines the and embodies the will of the authorizer in performance of certain legal actions on behalf of concluding the transaction. The meaning of the the authorized person"1. A.R. Muratova phrase "on behalf of the assignee" indicates that the interprets representation as "the basis for the assignee (in the presence of the assignee) is a emergence, change, and termination of civil rights person who assumes the positive and negative and duties, a legal method and legal means of their consequences of the legal action. This phrase refers implementation." 2 M.Yu. Dorozhenko notes that to the relationship between the representative and "representation is a unique three-sided the property of the assignee. relationship in which the representative carries The main aspects of the application of out legal actions on behalf of and for the principal, representation can be summarized as follows: 1) creating legal consequences." 3 According to the need for representation in relation to O.V. Pantelishina, "representation is the individuals can be analyzed in different ways performance by one person (representative) on depending on the following: persons who are behalf of another person (representative) of legal incapable of dealing need representation, as such a actions aimed at the emergence, change, and person performs legal actions through their legal termination of rights and obligations in the representative; representative against third parties, a