What documents are needed to confirm representation?
To be able to represent the interests of a party who cannot legally do so on their own, you must provide the court with evidence that the person is the legal representative. You will need the following:
- Passport.
- Birth certificate or document appointing a guardian.
Having provided this evidence, the representative can defend the ward himself in court, or hire another person, for example, by ordering the services of a lawyer in court. But he must transfer his powers to him.
The representative also has the right:
- appeal a court decision with which you disagree;
- peacefully resolve disputes;
- acknowledge, sign claims, present counterclaims;
- receive property that has been awarded;
- submit documents to the arbitration court;
- delegate powers;
- demand a reduction in the amount of penalties.
The representative has the right to perform all procedural actions on behalf of the represented person.
However, some powers must be specifically specified in the power of attorney. From October 2022, in order to protect your rights and legitimate interests in civil, administrative and arbitration proceedings, the participation of a lawyer and (or) an advocate who conducts the case in court on your behalf and in your interests is mandatory. **
Any information specified in this article does not constitute individual legal advice or recommendations that allow you to freely and without additional legal verification repeat measures and (or) take any actions similar or similar to the situation described in the article. Any actions and (or) measures directly or indirectly mentioned in it may not meet your goals (expectations). The content of the article (information material) in any case cannot be regarded as a promise, guarantee, assurance or any other similar way, nor can it be regarded as the only correct instruction or guide. Determining whether the information contained in the article corresponds to the intended purposes is the exclusive task of the reader (the interested party). The author and (or) the information resource on which the information material of the article is posted is not responsible for possible losses (damages) and does not recommend using this information independently without obtaining professional legal assistance.
* Note In-person legal advice in Kazan is provided at the company’s office by sending an application from the official website, making an appointment by phone, messenger (WhatsApp, Telegram) or through a chat bot.
** Note In civil cases considered in the appellate instance (or a higher authority), administrative and arbitration cases (regardless of the level of authority). To participate in the case, the applicant’s representative must have a higher legal education in the specialty of jurisprudence and (or) a bachelor’s degree or an academic degree in the relevant specialty.
Currently, representation is permitted on the following grounds:
- availability of an academic degree in the field of jurisprudence;
- diploma of higher legal education (bachelor, specialist, master);
- having the status of a lawyer.
This rule does not apply to district courts and magistrates. In this case, citizens without legal education can represent. In turn, lawyers must present a warrant and identification.
However, in order to protect the interests and rights of another person in appeal, cassation, in the Supreme Court of the Russian Federation, in the regional court of first instance, it is necessary to confirm the presence of a diploma or special status in accordance with federal law.
The interests of children and incapacitated persons are defended by parents, guardians, and trustees. If the citizen brought to justice is absent for some reason, another person who has the right to manage his property is represented on his behalf.
Some time ago, the defense of interests in the courts was allowed to be entrusted to narrow specialists without a legal education: economists, marketers, tax inspectors. Today they can be involved for the purpose of consulting on various issues in which they are competent. But only a lawyer or lawyer is authorized to participate in civil courts
Have questions? Contact us!
Do you have a similar problem but have questions? Just call or write to us. Ask your question confidentially.
8
+
Authorized representatives
To protect the rights of the person being represented, the authorized representative is required to provide the judge with a power of attorney for representation.
This document can be certified by a notary, or persons to whom the law grants such a right, for example, an employer, the head of a prison, the commander of a military unit, etc. If representation is required by the organization, the power of attorney is signed by the head and the company seal is also affixed.
Very often, unnecessary information is included in the power of attorney, for example, the rights of the representative state that he can ask questions in court, get acquainted with the case materials, etc. It is enough to simply indicate that all powers provided for by law are transferred to the authorized representative.
But there are also rights that need to be secured in a power of attorney. For example, the possibility of filing an application, concluding a settlement agreement, etc.
Do I need to indicate the number of the case in which the representative will participate? This is an optional condition; moreover, experts recommend not to indicate the number. If the represented person is involved in more than one lawsuit, then a power of attorney without a case number will allow the representative to protect the client's interests in all of these processes.
A lawyer can participate in a case without a power of attorney if he has a special warrant issued by a lawyer. But the above extended powers will still require documentation in the form of a power of attorney.
If you have found a representative who suits you, but have not had time to formalize his powers, and the trial has already begun, you can submit an oral or written petition to allow the representative to participate.
