Judicial representation in the civil process. The concept and types of judicial representation

The trial process can be attended not only by the participants themselves, but also by their authorized representatives. In this work should participate specialists who due to professional skills perform even complex tasks. The concept of judicial representation refers to cases where participants are unable to attend the meeting on their own. It is necessary to know how to properly authorize.

Definition

The concept of judicial representation means the appointment of a professional to conduct the business of his client. He represents his interests, protects 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 he is responsible for his work. This sphere is regulated on the basis of Art. 48 of the Code of Civil Procedure of the Russian Federation.

Symptoms

The representative acts on behalf of another person, therefore he has the right to perform procedural actions. His powers are derived from the rights and duties of the represented. If the latter is legally capable, then he also has the right to perform procedural actions. Sometimes a parallel participation of a representative is required, for example, in the adoption case.

There are other signs of judicial representation. The specialist works within his authority. At the court session, only those actions that are prescribed in the contract should be performed. The trustee has procedural interest, and the material and legal consequences are important to the person being represented.

Representation options

The judicial representation in the civil process is provided for by legislative documentation, which refers to procedural cases. This rule is specified in the Civil Code, Arbitration Procedural, Criminal.

In addition to procedural membership, the judicial representation in the civil process is divided into several types:

• Voluntary and mandatory: the second is provided for minors;
• Contractual, public, official.

Each type of power of attorney has its own peculiarities, which affects the procedure for their execution. To understand the principles of everyone's work, you need to learn more about each one.

Voluntary

Such services are chosen at will. They can be paid and free of charge. The second option is relevant when the work is performed by acquaintances, friends, relatives, who have the necessary skills for carrying out work. It remains only to properly issue a power of attorney.

Now there are many organizations that provide paid services to lawyers. Specialists have the necessary work experience, which allows you to perform activities at the highest level.

Legal

In this case, the interests in court are protected by trustees, adoptive parents, parents. If the work of the enterprise is terminated, the representative is a member of the liquidation commission. With the bankruptcy of the firm, this work is performed by the arbitration manager.

Legitimate representatives have the right to commit various actions. They delegate authority to another person, for example, a lawyer. Only documentary evidence is required.

Other types

Public representation is used by organizations to protect the rights of participants. These include trade unions, institutions for the protection of human rights, HOAs.

The Principal on purpose is required in cases when it is not possible to find out about the place of residence of the respondent. Because of this, he can not be notified of the meeting. But if a notification is received, then a representative is not required.

Features of representation

Trusted persons perform not only procedural actions. They work on the basis of the Civil Code of the Russian Federation. The document contains Chapter 10, which specifies the powers of the representative, as well as the principles of re-delegation. The document specifies the rules for issuing attorneys, which confirm the powers of the authorized person.

According to Art. 48 ГПК the Russian Federation, citizens can take part in session both personally, and together with the representative. The protection of enterprises is carried out by officials or outsiders. For this, power of attorney is included.

Requirements for representative

The judicial representation in the civil process is carried out only if the authorized representative is legally competent. He must have documentary evidence of the right to carry out his work. By law, such duties may have:

• Parents, adoptive parents, guardians;
• A person who is responsible for the property of a missing person.

Representatives have the right to trust cases to another person. Such work can not be performed by judges, prosecutors, investigators, since they have other responsibilities.

Design rules

The judicial representation in the civil process is carried out on the basis of the documents:

• If this work is performed by an attorney, then the warrant provided by the lawyer community and the requirements of the Ministry of Justice serves as confirmation;
• Legal representatives have civil documents: birth certificate, guardianship certificate;
• If the representative is appointed from the organization, the document is written out by the head;
• The power of attorney from the citizen is certified notarially where the principal works or studies.

The document from the individual is certified in the HOA, in the consumer cooperative, in the management company. The power of attorney has a validity period of 1 year from the moment of its execution, unless it specifies another time period. The agreement specifies the date of registration, since without it the document has no legal force. The exception is a notarized power of attorney, according to which one can work abroad. If the date is not indicated, then it is valid before the withdrawal.

Work of the authorized representative

The power of attorney grants the right to carry out procedural actions. But there are several responsibilities that should be spelled out in the document. The credentials of the representative are as follows:

• Signing of the claim;
• Filing an application with a court;
• Transfer of the dispute to the arbitration court;
• Presentation of a counterclaim;
• Waiver of claims.

The creation of a power of attorney is a responsible matter, therefore it is necessary to execute it carefully. The credentials of the principal may be different. It is important to plan in advance the actions of the representative, since he must protect the interests of the principal.

Changes

Since 2015, there are new principles regarding representation. The changes relate to the following:

• Established social services, because of which there were more organizations to register powers of attorney without a notary;
• Now the signature of the head on the power of attorney is mandatory, and the seal is placed at will.

Choice of representative

The protection of rights in court is a complex work, for which skills and experience are required. By law, every sane person can participate in this activity. But you should take into account that there may be difficulties in processing the documents.

Do not need to settle for cheap services, since the work of a professional will not have an understated cost. Depending on the specialization, prices can be different.

Before the meeting with a lawyer, you must necessarily meet to discuss the details. Joint cooperation will help to win the case. Represented representative can be found through a law firm. It is desirable to get acquainted 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 check the whole matter.

The hired attorney examines the documentation, and then selects an effective option for the protection of rights. During the development of the strategy, contact with the other party is established, so that the possibility of solving the issue before the court can arise.

Participation in meetings

Any kind of representation involves participation in the court session. The specialist confirms the authority, protects the rights, puts forward evidence, petitions. His work is spelled out in the contract. The representative is interested in the result, which should satisfy his client.

If the decision does not suit, then it is necessary to appeal to the higher authorities. In this work, the representative's actions remain the same. In any case, you need to choose a competent specialist, which will allow you to get the desired result.