The trial may be attended not only by the participants themselves, but also by their agents. This work should involve specialists who, thanks to professional skills, perform even complex tasks. The concept of judicial representation refers to cases where participants cannot independently attend the meeting. You need to know how to properly execute credentials.
Definition
The concept of legal representation means the appointment of a professional to conduct the business of his client. He represents his interests, defends them. To win the case, you need to find a competent specialist.
The representative is interested in a positive result in favor of his client. He concludes a contract with him, therefore, is responsible for his work. This area is regulated on the basis of Art. 48 Code of Civil Procedure of the Russian Federation.
Signs
The representative acts on behalf of another person, so he has the right to commit procedural actions. His powers are derived from the rights and obligations of the represented. If the latter is competent, then he also has the right to carry out procedural actions. Sometimes a parallel participation of a representative is required, for example, in an adoption case.
There are other signs of judicial representation. The specialist works within his authority. At the hearing, only those actions that are prescribed in the contract should be performed. The trustee has a procedural interest, and the substantive consequences are important to the represented.
Representation Options
Judicial representation in civil proceedings is provided for by legislative documentation that pertains to procedural cases. This norm is indicated in the Civil Code, Arbitration Procedure, Criminal.
In addition to procedural affiliation, judicial representation in civil proceedings is divided into several types:
- voluntary and compulsory: the second is for minors;
- contractual, public, official.
Each type of power of attorney has its own characteristics, which affects the procedure for their design. To understand the principles of each, you need to become more familiar with each.
Voluntary
Such services are optional. They can be paid and free. The second option is relevant when the work is done by acquaintances, friends, relatives, who have the necessary skills to carry out the work. It remains only to correctly issue a power of attorney.
Now there are many organizations that provide paid services of lawyers. Specialists have the necessary work experience, which allows performing activities at the highest level.
Legal
In this case, the interests in court are protected by trustees, adoptive parents, and parents. If the work of the enterprise is terminated, then the representative is a member of the liquidation commission. With the bankruptcy of the company, this work is performed by the arbitration manager.
Legal representatives have the right to perform various actions. They delegate authority to another person, such as a lawyer. Only documentary proof is required.
Other species
Public representation is used by organizations to protect the rights of participants. These include trade unions, institutions for the protection of human rights, HOAs.
A designated trustee is required in cases where it is not possible to find out about the defendant's place of residence. Because of this, it is not possible to notify him of the meeting. But if he received a notification, then a representative is not required.
Representative Features
Trustees perform not only procedural actions. They work on the basis of the Civil Code of the Russian Federation. The document contains chapter 10, which spells out the powers of the representative, as well as the principles of re-delegation. The document indicates the rules for issuing powers of attorney, which confirm the authority of the trustee.
According to Art. 48 Code of Civil Procedure of the Russian Federation, citizens can participate in the meeting, both personally and together with a representative. Enterprises are protected by officials or outside representatives. For this, powers of attorney are concluded.
Representative Requirements
Legal representation in civil proceedings is carried out only if the authorized person is competent. He must have documentary evidence of the right to carry out his work. By law, such obligations may have:
- parents, adoptive parents, guardians;
- a person who is responsible for the property of a missing person.
Representatives have the right to trust matters to another person. Such work cannot be done by judges, prosecutors, investigators, since they have other responsibilities.
Rules for registration
Legal representation in a civil proceeding is based on documents:
- if the lawyer does this work, then the order provided by the lawyer community and the requirements of the Ministry of Justice serves as confirmation;
- legal representatives have general civil documents: birth certificate, custody;
- if a representative is appointed from the organization, the document is written by the head;
- a power of attorney from a citizen is notarized where the principal works or studies.
A document from an individual is certified by the HOA, in a consumer cooperative, in a management company. The power of attorney has a validity period of 1 year from the date of its execution, unless another time period is indicated in it. The agreement indicates the date of execution, since without it the document has no legal force. The exception includes a notarized power of attorney, according to which you can work abroad. If the date is not indicated, then it is valid until revoked.
Trustee Job
The power of attorney provides the right to carry out procedural actions. But there are several responsibilities that should be spelled out in the document. The authority of the representative is as follows:
- signing of a claim;
- filing an application with the court;
- referral of the dispute to the arbitration court;
- counterclaim;
- rejection of requirements.
Creating a power of attorney is a responsible matter, therefore it must be executed carefully. The credentials of the principal may be different. It is important to plan the actions of the representative in advance, since he must protect the interests of the principal.
Changes
Since 2015, new principles regarding representation are in force. The changes relate to the following issues:
- social service institutions have been created, which is why more organizations have appeared to issue powers of attorney without a notary public;
- Now the signature of the head of the power of attorney is mandatory, and the seal is put at will.
Representative selection
Protecting rights in court is a complex job that requires skills and experience. By law, every sane person can participate in this activity. But it should be borne in mind that difficulties may arise in paperwork.
No need to settle for cheap services, since the work of a professional will not have an understated cost. Prices may vary depending on specialization.
Before the meeting, you must meet with a lawyer to discuss the details. Joint collaboration will help win the case. A representative can be found through a law firm. It is advisable to familiarize yourself with the work of several organizations, find reviews of real customers, check the documentation for permission to conduct such activities.
Strategy
Success in court depends on the strategy, so it is important to pay attention to its development. The representative must take into account all the facts in order to control the whole case.
The hired lawyer examines the documentation, and then selects an effective option for protecting rights. During the development of the strategy, contact is established with the other side so that it becomes possible to resolve the issue before the court.
Attending meetings
Any type of representation involves participation in the hearing. The specialist confirms the authority, protects the rights, puts forward evidence, petitions. His activities are spelled out in the contract. The representative is interested in the result, which should satisfy his client.
If the decision is not satisfactory, then an appeal must be made to higher authorities. In this work, the actions of the representative remain the same. In any case, you must choose a competent specialist, which will allow you to get the desired result.