How to declare a representative in court: step-by-step instructions

Who can be represented in court as a representative?

Representation of interests in litigation may be due to the lack of opportunity for personal participation in obtaining assistance from professional specialists. When considering cases in magistrates' courts and courts of general jurisdiction, the powers of the representative will be determined according to the Code of Civil Procedure of the Russian Federation. For arbitration processes, similar rules are contained in the Arbitration Procedure Code of the Russian Federation. Also, special rules are provided for criminal and administrative cases - in the Criminal Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation, respectively.

I have already talked about how to behave correctly in court using the example of a defendant. So I described in detail whether a representative is needed in court, and how to choose a good lawyer.

As a rule, the law does not establish restrictions on the identity and status of a representative. The general requirement is the age of majority of the representative and his legal capacity. Depending on the category of the dispute, you can file a petition for a representative in court with the following persons:

• in civil cases, representatives can be lawyers, attorneys, and other persons, even those who do not have professional status or legal education;
• in the arbitration process, lawyers, attorneys, managers or representatives of organizations, and other persons can defend their interests;
• in the administrative process, you can hire a lawyer or advocate, or declare the participation of another representative;
• In criminal proceedings, defense can only be carried out by a lawyer, and the admission of other persons into the case is allowed at the discretion of the court only in exceptional cases.

Below we will consider the features of the participation of representatives in civil proceedings, i.e. in magistrates' courts and courts of general jurisdiction.

The best option would be to engage a lawyer or lawyer as a representative. In this case, you can count on legal support, understanding of the nuances of defense in court, and competent defense of your position. You will have to find a lawyer or attorney yourself, since the court does not have the right to assist in this matter.

The law does not prohibit the application of a representative in court from among relatives, friends, colleagues, and other persons. Please note that you bear all the risks when defending yourself in court and choosing a representative. If the person you choose does not understand the law and rules of justice, the consequences can be dire.

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They cannot be representatives by virtue of Art. 51 Code of Civil Procedure of the Russian Federation:

• current judges;
• representatives of the prosecutor's office;
• investigators.

The listed persons can participate in a civil case only as representatives of an authorized body (department), or as legal representatives (for example, if a parent judge protects the interests of his minor child).

In exceptional cases, the law allows the participation of a representative of the prosecutor's office in the case if the plaintiff or defendant cannot independently protect their interests. You can achieve the support of the prosecutor by proving in advance the impossibility of independent defense. In disputes regarding the protection of consumer rights, the interests of an indefinite number of persons can be represented by Rospotrebnadzor specialists.

How to formalize the powers of a representative

The procedure for attracting representatives in civil proceedings is determined by Chapter 5 of the Code of Civil Procedure of the Russian Federation. Let us highlight the key points related to representation:

• You can declare the participation of a representative in the case at any stage of the case - when filing a claim, at any time before a decision is made, at all stages of appeal;
• the representative can participate in the case simultaneously with the principal, or independently;
• the law does not limit the number of representatives who can participate in a case (in large and complex cases, several representatives can take on different areas of defense);
• In order for your authorized representative to be able to participate in meetings and exercise other powers, you can draw up a power of attorney with a notary, or orally declare the representative in court.

Note! If an organization is involved in a civil case, it can independently issue and certify a power of attorney, i.e. without a notary. In this case, you will have to confirm the authority of the manager or another person signing the power of attorney.

What is better, to issue a written power of attorney through a notary or to verbally declare a representative in court? Based on personal experience, it is always recommended to contact a notary in advance and have the power of attorney certified. The advantages of this option:

• in a power of attorney, you can set out all the powers provided for in the Code of Civil Procedure of the Russian Federation, whereas when submitting an oral petition, their list will be limited;
• a notarized power of attorney will allow the representative to collect certificates and evidence from all courts, and contact other departments, if necessary for successful defense;
• with a power of attorney, the representative will be able to receive copies of the case materials, court decision and writ of execution even without your participation.

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The only disadvantage of a notarized power of attorney is the additional costs for its execution (on average, 1500-2000 rubles). However, this amount is not commensurate with the consequences that may occur when conducting a case without the support of a lawyer. In addition, if you win the case, you can recover legal costs from the losing party, including for the execution of a power of attorney.

What powers can be delegated to a representative?

If the representative participates in civil proceedings, he is given the same powers as the principal. For example, without additional confirmation, the rights to participate in court hearings, to present evidence and arguments, and to give oral and written explanations will arise. However, in Art. 54 of the Code of Civil Procedure of the Russian Federation specifies a list of powers that may arise for a representative only by special order:

• to sign the claim on behalf of the applicant and send it to court;
• to submit the dispute to arbitration;
• to file a counterclaim;
• for complete or partial waiver of claims, reduction of their size;
• to admit the claim;
• to change its subject or cause of action;
• to conclude a settlement agreement;
• to transfer powers to another person, i.e. re-confidence;
• to appeal a decision or other act of the court;
• to present a writ of execution for collection;
• to receive awarded property or money.

The list is impressive, isn't it? The legislator has included in this list the most important powers that may affect the interests of the plaintiff, defendant or other participant in the case. When drawing up a power of attorney or submitting an oral petition, you can indicate a complete list of special powers, or select only some of them. For example, it is possible not to delegate the authority to refuse a claim and receive awarded amounts.

When issuing a power of attorney, you need to indicate only those powers that your representative will need. The notary is obliged to check that the principal is aware of the essence of what is happening and all the consequences of his actions. To do this, the entire text of the power of attorney is spoken orally, and you can carefully study the draft document.

If you decide to verbally declare a representative in court, the above powers will also have to be stated separately. To avoid problems, you need to make sure that all specifically declared powers are reflected in the minutes of the meeting.

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In what cases can you file a claim for recovery?

The obligations of citizens and legal entities can be prescribed in contracts, they are also fixed in the law. As a rule, an exact deadline is provided for the fulfillment of any obligation. For example, this could be the date of repayment of the loan or making payments according to the credit schedule, payment of taxes or utilities.

If the money is not received on the appointed date, the obligation is considered violated. This gives the right to use pre-trial options for collection, or to file a claim in court.

The right to go to court cannot be limited by contract or oral agreement between the parties. If the creditor or debtor achieves the inclusion of such a condition in the contract, it can be declared invalid.

Several important nuances associated with filing claims in court for debt collection:

• statements of claim are filed if there is a dispute between the parties
  - some types of undisputed debts can be collected without filing a lawsuit, including by court order, by a notary’s writ of execution, etc.;
• the claim must include any demands against the defendant
  - in case of violation of monetary obligations, this may be the return of principal, interest, penalties;
• statements of claim can only be considered by a court
  - depending on the nature of the obligations and the status of the parties, this may be arbitration, a court of general jurisdiction, or a magistrate;
• the decision made on the claim is subject to enforcement through the FSSP
  - for this purpose, the plaintiff will be able to obtain a writ of execution when the decision comes into force. Next, bailiffs will become involved in the debt repayment case.

A claim for debt collection can be filed in case of violation of obligations under an agreement or receipt, or in case of ignoring the norms of the law.
A statement of claim against a debtor-citizen is filed in a magistrate or district court. Disputes regarding debts of legal entities and entrepreneurs are considered by arbitration.

In addition to the collection of monetary debts, the subject of the claim may be a non-property claim, the assignment of periodic payments, for example, this may be a claim for the assignment of alimony.

You can simultaneously indicate property and non-property claims in the statement of claim, ask for periodic payments and debt collection. For example, when assigning periodic alimony payments, the court may collect the debt for the previous 3 years.

For credit and loan

Loans and credits involve the transfer of money under certain conditions. The agreement or receipt may indicate the exact deadline for the return of the entire amount, or the dates for stage-by-stage payments.

If the agreement does not specify the exact deadline for repayment of the debt, the lender must first send the borrower a corresponding notice (demand). If the money is not returned by the date specified in the demand, grounds for forced collection arise.

A claim for repayment of a loan or credit debt can be filed in the following cases:

• if the deadline for repayment of the entire amount of the debt is violated
  , in this case the claim can calculate interest on the debt and penalties for the entire period of delay;
• if the deadlines for individual stages of debt repayment are violated, including according to the credit schedule,
  only overdue payments can be collected, but if deadlines are systematically violated, the creditor can demand the entire amount under the agreement;
• if the debtor does not return the money within the period specified in the creditor’s demand (it cannot exceed 30 days)
  - for example, such a requirement is always applied to the return of debt and interest on a credit card.

Instead of filing a lawsuit, the parties can agree to change the terms of the contract, to provide an installment plan or deferment of payments, or to transfer compensation in the form of property. Pre-trial collection can also be carried out through collectors if they bought the debt from the main creditor or work for a bank or microfinance organization “on a contract basis”, under an agreement.

The loan debtor can be a citizen, individual entrepreneur, or enterprise. These same persons can act as parties to the loan. The jurisdiction and jurisdiction of the dispute depends on the status of the parties and the nature of the violated obligation.

For example, if the debtor is a citizen, then a claim can be filed against him in a magistrate or district court. If the parties to the loan are organizations or entrepreneurs, the dispute is resolved through arbitration.

In case of violation of the terms of the contract

Monetary obligations may arise by virtue of a contract. This can be not only a loan or a loan, but also the following types of transactions:

• purchase and sale, delivery
  - debt may arise in case of non-payment of the entire amount under the contract, in case of violation of delivery deadlines, etc.;
• rent, leasing
  - debt arises when payment terms for an object or thing are violated, when the leased item is not returned on time, etc.;
• performance of work, services
  - debt may arise due to late payment or violation of deadlines, quality of services or work.

In addition to collecting the debt in a lawsuit, the court can also resolve other disputes under the contract. For example, the application can simultaneously indicate a demand for the collection of penalties and for compulsion to fulfill obligations.

If an agreement provides for mutual obligations of the parties, each of them may incur a debt. For example, during a purchase or sale or delivery, the buyer is obliged to transfer money within the period specified in the contract. For his part, the seller is obliged to transfer the thing or item and deliver the goods on the appointed date. A lawsuit can be filed if there is a breach of obligation on either side.

By force of law

Some monetary obligations may arise not under the terms of a contract, but by force of law. It could be:

• payments for taxes and insurance premiums;
• alimony for the maintenance of children and other persons;
• fines for administrative violations.

The grounds for the occurrence of debt under the listed obligations are specified in regulations. For example, collection of child support is allowed if the parent does not allocate money for maintenance. A claim for reimbursement of debt on taxes and contributions is filed if the deadlines specified in the Tax Code of the Russian Federation are violated.

How to correctly declare a representative in court: step by step

Taking into account the rules stated above, we will analyze how to choose a representative and allow him into the process. Let's go step by step:

• Step 1. Choose a lawyer, advocate or other person who will defend your interests in court;
• Step 2. We determine the list of powers that will be transferred to the representative (we take into account the list according to Article 54 of the Code of Civil Procedure of the Russian Federation);
• Step 3. Contact the notary, hand over a copy of the representative’s passport, indicate the list of powers;
• Step 4. We attach the power of attorney to the statement of claim, or submit it directly to the court process;
• Step 4.1. We verbally declare in court about a representative, if a power of attorney has not been issued for him;
• Step 4.2. When making an oral request, indicates the special powers that are transferred to the representative.

A request for a representative can be submitted not only orally, but also in writing. This document is drawn up in any form, but you need to indicate the personal data of the principal, i.e. you and the representative.

How to verbally declare a representative in court? You don't have to read out the valley speech. To comply with the formalities, it is enough to say the following phrase:

I ask you to allow my representative, Ivan Ivanovich Ivanov, to participate in the case at the oral request (your full name, of course, will be changed to that of your representative).

If you are represented by a lawyer or advocate, he or she can help you adjust this phrase to reflect special powers. In an oral or written petition, you can make reference to Art. 53 Code of Civil Procedure of the Russian Federation. In most cases, the court will grant an oral or written request immediately on the spot. After this, the representative will be able to protect your interests in court hearings.

If you still have questions about the procedure for admitting a representative to civil proceedings, leave comments or write in private messages. We will definitely return to the topic of representation in future materials.

If you have any problems with admitting a representative to court, please contact our lawyers. You will receive a free consultation on basic procedural issues regarding participation in litigation. You can choose a convenient way to communicate with lawyers - by phone numbers listed on the website, or through the feedback form.

Types of petitions to court

The outcome of the case often depends on the initiative of the party, understanding of the essence and prospects of the case under consideration, knowledge of the basic rules of judicial proceedings. Therefore, on the website you can find examples of petitions for presenting evidence to the court, obtaining assistance in obtaining it, and ordering various types of examinations.

Separate types of petitions are applications for the restoration of missed deadlines. The rules of substantive law give a party to the case a period within which to appeal to the court. For example, when filing a labor claim for reinstatement at work, it is a month. Procedural deadlines have also been established (Civil Procedure Code of the Russian Federation), for example, the deadline for filing comments on the protocol, filing an appeal, a private complaint, etc. But life circumstances can develop differently. By turning to applications for restoration of deadlines, you can justify the validity of the reason for missing deadlines and protect your rights.

During the consideration of the case, you can exercise the right to postpone the trial, admit the claim, clarify the requirements, challenge the judge, expert, etc. All these procedural actions must be formalized by filing a corresponding petition with the court. Using our website, it will not be difficult to prepare them yourself.