Ивакин В.Н. Профессиональное судебное представительство: история возникновения

Аннотация: The litigant’s representative is the relatively late arised legal institution. As a rule the litigants appeared originally in person before the judges. The realization of litigant’s representative in some from most early States was excluded with the form of legal proceedings. In particular the trial in Ancient Egypt was writing and secret. The pleadings were forbidden. By ancient Jews acted the principle of personal appearance in court so that even the women pleaded their cases. But aftewords was evidently the litigant’s representative allowed. In all probability was allowed the kindred litigant’s representative when the pleading of one’s cases is impossible (the illness, the infancy, the senile infirmity and so on). The first information about such representative applies to China where the litigant’s representative was allowed for old and sick men who could to send instead of themselves the members their family. The representative was ordered for officials (mandarins). Also the women enjoyed the privilege of representative. Debatable is the question about the presence of representative in Ancient India. Also in the ancient European States on the first stage of their development took place the negative attitude to the litigant’s representative. Great Solon at the beginning VI c B.C. promulgated the law which provided the personal defence of their interests by the citizens of Athens. Subsequently was allowed the kindred defence in court but the like cases were rare. Since many no took the gift of words began to write for the litigants the speeches which were named the logographies. The litigants learnt by heart and delivered these speeches in court. Later was allowed for the defendant to use the second speech which was called the devterologie and delivered by other persons – syegoroses. The agreed oral defence gradually force out the “dumb” one. Namely in Ancient Greece began the formation of oratory which has played an important role in the history of the development of professional litigant’s representative. The forming of the institution of litigant’s representative was continued in Ancient Rome what promoted the passage to the aktioes per formulas which expected an juridical knowledge and an experience of the pleading of cases in court from the litigants. At that time assumed the function of litigant’s representative the cognitores then the procuratores which could to appear for the defence in accordance with desire of litigants. At last the litigant’s representative began to realize the members of the bar.

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Abstract: The litigant’s representative is the relatively late arised legal institution. As a rule the litigants appeared originally in person before the judges. The realization of litigant’s representative in some from most early States was excluded with the form of legal proceedings. In particular the trial in Ancient Egypt was writing and secret. The pleadings were forbidden. By ancient Jews acted the principle of personal appearance in court so that even the women pleaded their cases. But aftewords was evidently the litigant’s representative allowed. In all probability was allowed the kindred litigant’s representative when the pleading of one’s cases is impossible (the illness, the infancy, the senile infirmity and so on). The first information about such representative applies to China where the litigant’s representative was allowed for old and sick men who could to send instead of themselves the members their family. The representative was ordered for officials (mandarins). Also the women enjoyed the privilege of representative. Debatable is the question about the presence of representative in Ancient India. Also in the ancient European States on the first stage of their development took place the negative attitude to the litigant’s representative. Great Solon at the beginning VI c B.C. promulgated the law which provided the personal defence of their interests by the citizens of Athens. Subsequently was allowed the kindred defence in court but the like cases were rare. Since many no took the gift of words began to write for the litigants the speeches which were named the logographies. The litigants learnt by heart and delivered these speeches in court. Later was allowed for the defendant to use the second speech which was called the devterologie and delivered by other persons – syegoroses. The agreed oral defence gradually force out the “dumb” one. Namely in Ancient Greece began the formation of oratory which has played an important role in the history of the development of professional litigant’s representative. The forming of the institution of litigant’s representative was continued in Ancient Rome what promoted the passage to the aktioes per formulas which expected an juridical knowledge and an experience of the pleading of cases in court from the litigants. At that time assumed the function of litigant’s representative the cognitores then the procuratores which could to appear for the defence in accordance with desire of litigants. At last the litigant’s representative began to realize the members of the bar.

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