A power of attorney to do business in court is an important thing. To date, representation in court is provided solely on the basis of documentary evidence. Previously, it was enough to declare the transfer of rights during the meeting, but now the rules have changed somewhat.
Legislative changes
In 2010, the regulatory acts were amended to require that the powers of the representative be formalized in writing. The law expressly indicates the power of attorney as a confirmation of the authority of the representative.
The provisions of the agro-industrial complex have also changed. In 2015, the CAS was adopted, which included many provisions, primarily the Civil Procedural Code. It is sometimes even called a clone law. Nevertheless, there are particularities in filling out a power of attorney to conduct business in court.
Document Features
The power of attorney to conduct business in court, so that it was adopted by the court, must also comply with the provisions of the Civil Code.
Firstly, it is stated on paper, secondly, it is certified exclusively by the persons specified in the law, thirdly, rights that the principal does not possess can not be transferred. For example, only the head or authorized person is entitled to issue powers of attorney to conduct business in court.
Today, the representative office is based on a power of attorney. Constituent documents, official certificate serve as confirmation of the legality of the issuance of power of attorney.
Who is issued?
Procedural codes contain general requirements for the representative to whom the power of attorney is issued:
- the presence of full legal capacity;
- reaching 18 years of age;
- according to CAS and the agro-industrial complex, the presence of a higher legal education.
Who are the restrictions on?
The procedural codes explicitly indicate investigators and prosecutors, except in cases where the bodies in which they serve represent the court. AIC adds to the list of judges, assistant judges, employees of the court apparatus. They have the right to represent minor children or wards. The same rules apply to state and municipal employees. Employees of budgetary organizations that do not have the status of a state or municipal employee do not have such restrictions.
However, they are not actually given powers of attorney to conduct a civil case in court.
Document structure
The power of attorney provides:
- date and place of certification (city, town);
- the full name of the full name of the person to whom the power of attorney is issued, his passport data to the extent that it can be identified (number, date and place of issue);
- transfer of delegated authority;
- restrictions if the principal wishes to establish such;
- The name of the principal; his signature;
- the name and initials of the person authorized to certify and seal the organization or notary public.
Notaries issue power of attorney issued on security forms. Powers are considered transferred if they are indicated in the power of attorney.
Features of the civil process
In Art. 53 of the Code of Civil Procedure, a list of organizations whose leaders are entitled to certify the power of attorney (place of work, permanent residence, inpatient treatment, place of detention, and service) is given. Lawyers represent interests on the basis of an order issued by the association in which it is listed, or a power of attorney.
Art. 54 Code of Civil Procedure gives the right to perform all actions in the interests of the principal, however, a number of rights are considered transferred if they are directly listed in the power of attorney. For example, the right to sign a statement of claim, appeal a court decision, etc.Phrases: "All rights are transferred under the Civil Procedure Code" is not enough.
What does the agro-industrial complex say?
With regard to the power of attorney to conduct business in arbitration courts, the following points are provided:
- certified by the head of the organization being represented;
- The IP is entitled to certify the power of attorney with its signature and seal or with a notary public;
- it is allowed to certify at the place of residence, inpatient treatment, service, etc.
It is allowed to declare the transfer of rights at the meeting, which should be noted in the minutes of the meeting.
Representation in Administrative Affairs
The CAS norms on the power of attorney to conduct business in administrative courts combined the provisions of both the Civil Procedure Code and the agro-industrial complex.
In the first case, a list of organizations is given where the party has the right to assure it. A list of rights that are considered granted provided that they are expressly agreed in the power of attorney is given. The heads of organizations are entitled to certification. Entrepreneurs have the right to assure her with their signature and seal.
The right is given both in writing and orally to declare the transfer of rights to the person designated as the representative. The prospective representative is also required to have a legal education, is required to provide a diploma of education.
Finally
A power of attorney to conduct business in the courts makes it possible to transfer powers to another person. Most often, rights are granted to lawyers or citizens who are better than the plaintiff or defendant versed in a particular matter.
The requirements relate to the form of power of attorney, the rights that are transferred according to it, and persons entitled to assurance. Procedural laws give the right to empower an oral statement in a meeting or in a statement submitted to a judge.