LEGAL FRAMEWORK OF APPROVAL OF LAWYER REPRESENTATION IN THE ECONOMIC PROCESS

Abstract

This article analyzes the legal mechanisms for confirming attorney representation in economic procedural law, highlights existing problems based on the experience of foreign countries, and puts forward systemic proposals. It examines an attorneyʼs right to participate as a representative in economic court proceedings, their powers, and the procedure for their official approval, as well as the legal framework for such representation. It also identifies a number of issues related to attorney representation in civil and economic proceedings, and considers measures to address them. The article offers its own perspective on the legal boundaries of a power of attorney or (electronic) order embodying the rights of a party to the case, and provides examples from judicial practice. The advantages of electronic orders are discussed through an analysis of selected opinions expressed by the International Bar Association (IBA) on the issue of confirming attorney representation, as well as scholars from European countries, particularly Russia and Ukraine, and Asian countries such as Indonesia and Iran. In addition, the article discusses the importance of the legal services agreement concluded between the principal and the lawyer, the procedure for resolving disputes arising from the rights and obligations contained in it. Based on regulatory, comparative and doctrinal analyses, a study was conducted, and national and international legislation on the confirmation of the lawyer’s representation in economic courts was studied. The Resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan No.5 dated May 14, 2010, “On the application by courts of the norms of civil procedural law on representation”, and the Law “On guarantees of legal activity and social protection of lawyers” were identified, and proposals were made to eliminate them.