Civil procedural law. Powers of judicial representatives and their formalization (the most important)

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Civil procedural law. Powers of judicial representatives and their formalization (the most important)

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17. POWERS OF JUDICIAL REPRESENTATIVES AND THEIR REGISTRATION

The authority of the representative must be expressed in powers of attorney, issued and executed in accordance with the law.

Powers of attorney issued by citizens can be notarized:

1) the organization in which the principal works or studies;

2) a housing maintenance organization at the place of residence of the principal;

3) the administration of the institution of social protection of the population, in which the principal is located;

4) the administration of the inpatient medical institution where the principal is being treated;

5) the commander (chief) of the relevant military unit, formation, institution, military educational institution, if powers of attorney are issued by military personnel, employees of this unit, formation, institution, military educational institution or members of their families.

The powers of attorney of persons in places of deprivation of liberty shall be certified by the head of the respective place of deprivation of liberty.

A power of attorney on behalf of an organization is issued signed by its head or another person authorized to do so by its constituent documents, sealed with the seal of this organization.

Legal representatives present to the court documents certifying their status and powers.

The right of a lawyer to appear in court as a representative shall be certified warrantissued by the relevant bar association.

The powers of a representative may also be determined in an oral statement recorded in the minutes of the court session, or in a written statement of the principal in court.

Representative endowed with a wide range of powers. The representative has the right to perform all procedural actions on behalf of the represented. The right of a representative to sign a statement of claim, submit it to the court, refer the dispute to arbitration, file a counterclaim, complete or partial waiver of claims, reduce their size, recognize the claim, change the subject or grounds for the claim, conclude a settlement agreement, transfer powers to another person (transfer), an appeal against a court decision, the presentation of a writ of execution for collection, the receipt of property or money awarded must be specifically stipulated in the power of attorney issued by the represented person.

For a representative to perform a significant part of the procedural actions, a special indication of the principal about this in the power of attorney issued to the representative, as well as in the oral statement of the principal recorded in the minutes of the court session, or in his written statement attached to the case file, is not required. A representative without special authority has the right to get acquainted with the materials of the case, file petitions and object to petitions filed by the persons participating in the case, challenge the composition of the court, present and participate in the examination of evidence, express their opinion and give their arguments on the issues arising in the course of the process. questions.

Separate powers may be exercised by a representative only if the right of the representative to exercise them is directly indicated in the power of attorney issued to him.

Author: Gatin A.M.

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