According to the explanatory note, the law is aimed at ensuring access to court and proper legal assistance, as well as to qualified protection of the legitimate interests of government and legal entities.
In particular, from now on self-representation of public authorities, authorities of the Autonomous Republic of Crimea, bodies of local self-government, legal entities, regardless of the order of their creation, will be possible not only their heads, members of executive bodies of a legal entity, but also other authorized by law, labor contract or statute of person (ie employees).
According to the initiators of the bill, now the possibility of exercising the right to self-representation of a legal entity by its employee is provided only in the Criminal Procedure Code of Ukraine (Article 58, paragraph 2 of the CCP), according to which an employee of a legal entity recognized as a victim in criminal proceedings has the right to represent the interests of such a legal entity.
Instead, the law introduced amendments to part three of Article 56 of the Economic Procedure Code of Ukraine, part three of Article 58 of the Civil Procedure Code of Ukraine, and part three of Article 55 of the Code of Administrative Procedure of Ukraine, according to the new wording of which “a legal entity, regardless of the procedure for its creation, in the case through its manager, a member of the executive body, another person authorized to act on its behalf in accordance with the law, statute, regulation, employment contract (self-representation of the legal entity), or through a representative".
At the same time, the changes made do not limit the solicitors' exclusive right to represent another person in court. Outside the exercise of the right to self-representation, state bodies, authorities of the Autonomous Republic of Crimea, bodies of local self-government, other legal entities, regardless of the order of their creation, can also be represented only by lawyers (subject to restrictions already established by the Constitution of Ukraine).
It should be noted that the Ukrainian Bar Association has expressed concern about the possible confusion of the concepts of “self-representation” and “representation” of a legal entity. According to the UBA, based on the stated formulation of the norm, a legal entity may authorize any person on the basis of a power of attorney to represent a legal entity in court and to consider it as a representation, not a representation.