Minors as possible parties to an agreement on providing legal services

The article is devoted to the peculiarities of the participation of a minor in the legal relationship in the agreement on providing legal services. On the basis of the analysis of court practice materials, the possibility of entering into the specified legal relationship of the lawyer with the specified physical person is determined. It is noted that ignoring the solution of this problem may lead to the violation of the right to receive professional legal assistance by the subject of substantive legal relations. At the same time, attention is drawn to possible collisions of norms of national law and the need to provide minors with the right to apply to the court in a separate proceeding with an application for the issuance of a restraining order, taking into account international legal acts to which Ukraine is a party. The above-mentioned collisions are of a debatable nature and can be seen between normative acts regulating the sectoral legal personality of a minor. It is concluded that the right to use the legal assistance of a lawyer can be attributed to procedural and not to substantive rights. When protecting one's own rights and interests in court by a minor, the use of a lawyer's legal assistance does not entail, in the author's opinion, the obligation to conclude an agreement with the lawyer on the provision of legal services. This will not contradict, as a result, the norms of civil law (Articles 31 and 32 of the Civil Code of Ukraine), which regulate the content of legal capacity of minors in civil substantive, not procedural, law. A conclusion is made about the autonomy of the legal regimes of the agreement on providing legal services and the warrant, including when representing the interests of a minor. Based on this, the court is not entitled, when checking the lawyer's powers of representation, including the prevention of abuse of right, to demand from him or her an agreement on providing legal services with a minor in order to clarify compliance with the requirements of the law and the subject circle of this civil law agreement.

legal assistance; civil proceedings; protection of the rights of minors; agreement on providing legal services; restraining order; separate proceeding, judicial protection