Before discussing the very concept of “representation”, it is necessary to delve into its etymology. Remember that in certain cases the term can take on different meanings. So, the concept came from the verb "present." This is evident in the root of the word. What does it mean to represent? This is to act in someone’s interests or to convey certain information. Today, the representation means completely different elements of human life, depending on which area is taken into account. It is only important to understand one thing that is identical for all meanings of the term: a certain set of rights and obligations must invariably transfer to other persons, organizations, companies, and territories. That is, part of the authority will necessarily be preserved. In a word, representation is a loose concept. It is filled with meaning depending on the situation.
Representation in government bodies
With the fact that there are several definition values, figured out. As a rule, initially, when the term is mentioned, representation in court comes to mind. However, in general, the procedure in this case involves the completion of a transaction or the implementation of an agreement by one person (the so-called representative) on behalf of and at the direction of another person. Such authority of a subject can be based on a power of attorney, a direct indication of a regulatory legal act, an act of an authorized state body or a local authority. In this case, a representative office is the exercise of certain rights of another person. It concerns government agencies.
In this case, tripartite relations arise, where the representative is a person who is entrusted with the implementation of something on behalf of another person. Most often it is a lawyer. But the person represented is the person who has entrusted his representative to act in a certain way. A third party is a structure or citizen with whom a certain legal relationship arises as a result of the actions of a representative. These are the main objects of legal relations.
Who can be the representative?
Usually certain requirements are made to such an entity. In particular, the representative may be a natural or legal person. In certain cases, they may be the Russian Federation, state entities and municipalities. If an individual acts in this capacity, then he must be over eighteen years old, since the will of the specified person (up to eighteen years old) will be executed by the will of his legal representative, and minors can enter into transactions solely with the consent of their parents.
Who can be represented?
Most often this is an ordinary person. Modern realities dictate their demands on him as well. If the representative’s authority is formed in accordance with the current legislation, and no legally significant actions are required from the subject, they can be any person who has legal capacity.
In particular, when legal relations are formed as a result of some actions of the represented person, he must necessarily have full legal personality, that is, both legal capacity and legal capacity. Since the law and regulations do not specify otherwise, persons from fourteen to eighteen years old may well delegate certain powers. Such a minor may even issue a power of attorney, but only with the consent of his legal representatives (parents). This requirement does not apply to cases of issuance of power of attorney for the commission of legally significant actions expressly provided for by legislative acts.
Representation types
Today there are several types of this kind of relationship in civil law.
Firstly, it is a voluntary representation, which is based on an agreement between two persons. A distinctive feature of this type is the voluntary expression of the will of the subjects. That is, one side wants to entrust certain powers to the other side, and the other side is ready to accept them. The indicated type includes today a simple power of attorney, as well as a commercial representative office. This species is most often found.
A completely different situation is legal representation, in which the parties are appointed on the basis of current legislation. In particular, parents are legal representatives of their minor (young) children by virtue of civil regulatory acts. In addition, it is also possible the emergence of such legal relations and on the basis of individual orders of local authorities, municipalities. The military mission stands apart. It has its own specifics.
Commercial representation
Business also did not stand aside. Today, a commercial representative is understood in civil law as a person who on an ongoing basis independently carries out actions and makes decisions on behalf and in the interests of entrepreneurs. What is the specified authority? In concluding contracts on behalf of some persons and in their interests.
Among other things, the said representation is also allowed in other cases, if it is provided for by law. Nevertheless, the eligible entity must carry out activities and protect the interests of the party with the degree of care that the person would carry out these activities.
It should be noted that the commercial representative must initially bear all the costs associated with the implementation of the activities of another person and the protection of his legitimate interests. However, subsequently he may demand compensation for all losses incurred related to the exercise of rights and obligations.
This kind of representation is most often carried out on the basis of a multilateral agreement. In addition, the subject can act on the basis of a power of attorney. The written form of the contract and, accordingly, the power of attorney are strictly required. The representative must keep secret the data and information that he received in the course of protecting the interests of another person. This is the law! Since there is a commercial representation, we are talking primarily about the secrecy of doing business. Some other terms and conditions of such representation may be provided for by legislative and other regulatory legal acts.
The meeting continues!
Today, judicial representation is a highly specialized profile representing the legitimate interests of a particular person in the investigation. Most often, this is done by a lawyer who is endowed with all the relevant powers. In general, this representation is the protection of the subject by competent people in the judiciary. In some cases, it is required.
Judicial representation begins with the study of the case file, the preparation of certain legal documents, a conversation with the person whose interests will be represented in the future, and the development of a specific position in the case. In order to understand the matter as much as possible, the lawyer or other representative should be aware of all the nuances and information that could at least somehow affect the course of the investigation. Therefore, it is not recommended to hide something from your defense counsel in court. It should be remembered that there is a concept of advocate secrecy, which is why you can trust your representative and be sure that the information will not be known to third parties.
It is noteworthy that procedural legislation also provides for options where, at the same time as filing a statement of claim, you can also file a legal document on securing claims by imposing restrictions on the debtor's property. A correctly formulated paper will help in the future, with a specific court decision, to recover the amount due from a person faster.
If there is an economic dispute between the parties, a lawyer is simply necessary, since business cases are often extremely complex and multifaceted, they require perfect knowledge of the law and processes. Often, such processes are a struggle of two or more advocates for the interests of their clients.
The modern judicial system presupposes the competitiveness of the parties, which is expressed not only in the presentation of certain evidence in the case, but also in the oratory of the representative, his ability to convince, formulate his idea, and the ability to present his client’s position in a favorable light. After all, it’s not the lawyer who is behind the truth who is good, but the subject in the court who, with his fiery speech and adequate position, will be able to convince other participants of his correctness.
Since ancient times, the speech of the defender was especially appreciated. History knows cases where a lawyer could solve the problems of his client, on the side of which there was no truth, only having uttered a fiery monologue, saturated with references to history, law, morality and morality. Today, all of the above has not lost its relevance, because the ability to convince the court of its innocence is a great thing. If a citizen who enters into any process simply does not have oratorical skills, he should definitely take care of finding an excellent lawyer, find that person who can defend human rights, protect him from the arbitrariness and illegal actions of other people. In this case, representation is a necessity. And the person who will provide the subsequent defense in court must be chosen carefully, according to the recommendations of those who have previously encountered one or another defender. Usually do this.
Today, representation in court is especially developed, since it is often possible to defend one's legitimate interests only in the judiciary. With the right approach, gain is secured.
Features of the military mission
There are other definitions of the term. Modern military representation (previously there was a customer representation) is expressed in a separate structure of the Ministry of Defense of the Russian Federation. It was created to supervise the quality and manipulation of relevant products in government organizations. This is an important detail. As regards the very concept of military products, they usually refer to items produced for defense, relevant services, as well as everything that is produced at military enterprises.
The activities of such a representative office and other control bodies must comply with the relevant Regulation of the Ministry of Defense of the Russian Federation. In addition, there are a number of other normative legal acts related to the regulation of activities in this area. There are a lot of them. The management of the military mission is currently carried out by the Ministry of Defense of the Russian Federation through specialized departments. This is a complex structure.
If such entities are not created in the structure, the Ministry of Defense tries to send special representatives there, who will subsequently exercise control over the relevant products. It should be noted that these rights apply to all the rights and obligations that are inherent in ordinary military authorities.
Features of diplomatic missions
The term may take on another meaning. A diplomatic mission is a specific body of the accrediting state, which is created in the territory of the host country in order to organize normal political relations. It should be noted that these structures are being created by mutual agreement of the parties, which is expressed in the form of a joint communiqué. Before this, two states must agree on cooperation. For this, there is a representative office of the Ministry of Foreign Affairs.
It is noteworthy that in international law a specific classification of such structures is provided, depending on their nature. So, embassies belong to the highest level. This is the main link in the chain. Typically, these diplomatic missions are headed by an ambassador. This usually refers to the Vatican.
The second type of representations are missions led by extraordinary and plenipotentiary envoys.
There are other official political structures with a specific status.
It should be noted that all diplomatic missions have certain privileges and immunities. That is, these entities have a number of powers that are not available to other organizations.
The staff of the diplomatic mission is usually attended by managers, administrative and technical personnel. Of course, the "fate of the world" is in the hands of the heads of entities. Typically, diplomatic personnel include people who have a high status in their homeland, who have received special training in accordance with the regulatory legal acts of their country and have certain privileges. Today, the head of the mission has a significant influence, it is the head who determines the political relations of countries, their possibility of joint development. As a rule, this includes ambassadors, envoys, advisers. The rank of a diplomat is a lifetime privilege and an honorary position for life. Among other things, this category of persons, as a rule, includes sales representatives, military attaches and other persons with special knowledge, privileges and immunities. As for the administrative and technical personnel, it includes clerical workers, clerks, secretaries and other persons who perform purely technical functions. As for the service, everything here is quite simple and transparent. These are doctors, cooks, cleaners, drivers and other people who do not perform any official representative functions, but are responsible for ensuring uninterrupted and proper operation purely in technical terms. These people are responsible for the realization of the material side.
How to open a representative office?
It should be noted that in the territory of another state one can also develop one’s activity by creating a foreign representative office if new sales markets or a significant expansion of the circle of potential clients are needed. At the same time, education created in the territory of another country can regulate marketing research, work out business contacts, seek new partners, develop public relations, regulate the activities of controlled enterprises in the field, and resolve important issues related to the organization’s daily work. A foreign state is always the prospect of development and profit. In addition, it is possible to create separate entities not only in the territory of another country, but also in the domestic market. In this case, we are talking about regional offices. They significantly increase the level of development of the organization. True, the opening of a representative office is an important step that must be approached adequately. It is imperative to analyze the market as a whole before creating a new entity. Today, the official representation is an opportunity to start conducting policies in a different direction, to implement something new on the basis of the old.
Today, the main advantages of creating a foreign representative office include the ability to manage your organization and its structural divisions directly on the spot, respond promptly to all changes that occur in the country's market, and receive timely information on economic processes in order to make significant profit in the future.
In order to build such an entity on the territory of another state, one should first of all carefully study its current legislation with all the nuances and “pitfalls”. Today, the representative office of the company significantly increases its importance in the domestic market, allows to establish radically new relationships, contacts, and expand its sphere of influence. But this is a new scale of activity, other horizons of the company’s development, increasing its credibility.
So, today the most effective lever for influencing economic policies and processes in another country is the creation of a representative office. , . , , . , . . – , . . .
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Summary
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