Representation of a client’s interests by an advocate in enforcement proceedings as a type of advocate activities

The article is devoted to the peculiarities of representation by an advocate of the interests of the client in enforcement proceedings as a type of advocacy. The article analyzes the scientific provisions on the representation by an advocate of the interests of the client in enforcement proceedings. It is established that representation by a lawyer of the interests of the client in enforcement proceedings should be distinguished from other types of representation in enforcement proceedings. The issues of representation of the prosecutor in enforcement proceedings and the correlation of this representation with the representation of the lawyer are also investigated. It is concluded that the provisions of the legislation regulating the participation of the prosecutor in enforcement proceedings do not comply with the norms of the Constitution of Ukraine. When studying the range of persons who can have a lawyer-representative in enforcement proceedings, attention is drawn to the fact that this range is narrow. Only the claimant and the debtor have the right to have a lawyer represent their interests. It is concluded that the right of a participant of enforcement proceedings to have a lawyer as his representative should be recognized for any participant who enters into legal relations with the executor and needs legal assistance. It is necessary to give the right to the lawyer to always act next to the person he represents. The article also investigated the question of whether the executor has the right to have a representative­advocate. It is determined that the legislation of Ukraine does not provide for the possibility of public and private executors to exercise their rights and obligations in enforcement proceedings through representatives, in particular, and lawyers. Thus, state and private executors are obliged to carry out activities on forced execution of decisions exclusively in person. However, in court, the executor has the right to exercise his rights and obligations through a lawyer. The list of documents that may confirm the powers of an advocate as a representative in enforcement proceedings is also defined. It has been established that there is a discrepancy between the lists of these documents provided for by the legislation on enforcement proceedings and the legislation on advocacy. A proposal has been made to provide in the legislation on enforcement proceedings for a legal assistance contract to be one of such documents.