ON THE TERMINOLOGICAL CORRELATION OF THE CONCEPTS “REPRESENTATIVE” AND “LEGAL REPRESENTATIVE”

The institution of representation is widely applicable in various branches of law, however, it has a private law nature and is therefore studied by the methods of civil law. The article analyzes the meanings of the terms “representative”, “legal representative”, “contractual representative” from the point of view of their correlation and content given to them by the legislator. The purpose of the study is to establish the actual meaning of the term “representative” in the texts of legal norms and to determine the boundaries of participation of legal and contractual representatives in transactions. Based on the goal, the following tasks were set: to explore the types of transactions depending on the possibility of making them through a representative; to determine the grounds for the participation of legal representatives in the protection of the rights and interests of persons; on the basis of a broad interpretation of legal norms, to confirm that the legislator understands the term “representative” as both a legal and contractual representative; to analyze the possibility of transferring the powers of a legal representative; to justify the need to amend the legislation, judicial practice and the doctrine of representation. Based on the results of the study, the authors proposed specific legal norms to be introduced into civil law in order to eliminate the ambiguous interpretation of the term under study, formulated recommendations to ensure the uniformity of judicial practice (which can be achieved by supplementing the decision of the Plenum of the Supreme Court of the Russian Federation), and also proposed the author's doctrinal approach to the interpretation of the term "representative" in regulatory legal acts.