Advocacy and notary office. Activities of a defense attorney in civil proceedings (the most important)

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Advocacy and notary office. Activities of a defense attorney in civil proceedings (the most important)

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15. Activities of a defense counsel in civil proceedings

The author A.M. Palkhovsky noted: “The lawyer in the matter of constructing and conducting the process must play the role of an architect... The role of masons and plasterers, of course, must be taken on by other persons.”

Any civil process, in his opinion, requires:

1) a clear and completely correct idea of the existence and violation of the right;

2) evidence and violation of this right;

3) presentation of this evidence to the court;

4) defense of their arguments and refutation of the arguments of the opposing party before the court.

These are the four periods through which the civil process passes.

Trial is the central stage of civil litigation. It is characterized by an oral form, the immediacy of the study of evidence and the continuity of the process, with the exception of the time appointed for rest (Article 157 of the Code of Civil Procedure of the Russian Federation).

After the announcement of the composition of the court in accordance with Art. 164 of the Code of Civil Procedure, a representative lawyer has the right to challenge a justice of the peace or a judge, a prosecutor, a secretary of a court session, an expert, a specialist, a translator (Articles 16-18 of the Code of Civil Procedure of the Russian Federation).

The persons participating in the case shall have the right to file motions related to the proceedings of the case. They are resolved by the court after hearing the opinions of other persons participating in the case.

After the report of the case, the court hears the explanations of the parties.

Then the court establishes the sequence of examination of the evidence and proceeds to the next stage of the trial of the case.

Judicial Debate consist of speeches of persons participating in the case, their representatives. The plaintiff and his representative speak first, then the defendant and his representative.

In his speech, the lawyer must express the legal position on the case agreed with the principal, analyze and evaluate the evidence examined by the court. He indicates which circumstances of the case, in his opinion, can be considered proven, and which circumstances have not been confirmed. In conclusion, the representative expresses an opinion about what kind of legal relationship between the parties in question and what law should be followed.

If necessary, use and right to reply, to respond to remarks from persons participating in the case and to give these statements a comprehensive assessment.

In accordance with Art. 231 of the Code of Civil Procedure of the Russian Federation, the persons participating in the case, their representative have the right to familiarize themselves with the minutes of the court session and within 5 days from the date of its signing, submit comments in writing, pointing out the inaccuracies and (or) its incompleteness.

Authors: Nevskaya M.A., Shalagina M.A.

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