Legal representatives of individuals / legal entities - entities authorized to advocate for the interests and rights of organizations or citizens who are partially or fully incompetent. They are also necessary for people who are in such a state / age when they can not speak on their own behalf. Let us further consider who is the legal representative of the individual and the enterprise.
Legal capacity
There are times when the subject is not able to realize his actions and, accordingly, lead them. In accordance with the rules of the Civil Procedure Code, it can be recognized as fully or partially incapable. This condition may occur due to the presence of a citizen's mental disorder or other serious illness. In this case, the guardian of an individual may be his legal representative. Limited legal capacity may be established in relation to a person who, in connection with the abuse of alcohol or drugs, puts his relatives in a difficult financial situation. In this case, guardianship is established over such a citizen. A person with limited legal capacity is entitled to commit household small deals. The legal representative of an individual, fully or partially incapacitated, acts on his behalf without special authority.
Minors
The norms established that the legal representative of an individual who is not yet 18 years old is his parent. They can also be the adoptive parent. If the child does not have a family, the parents were deprived of the corresponding rights, and in cases where the minor was left unattended by the mother / father for any reason, guardianship or guardianship is established over him. The latter is assigned to juvenile subjects who are under 14 years old. Guardianship is established over minors 14-18 years old.
The legal representative of an individual court
According to current standards, entities can act in administrative and other cases on behalf of only two parties to the proceedings: the defendant / accused and the plaintiff / victim. At the same time, the legal representative of an individual does not provide a power of attorney. Speaking in defense of the interests of a citizen, their family ties or he confirms the corresponding authority with other documents. These include:
- Birth certificate.
- Passport.
- Decision on the adoption or establishment of guardianship.
Credentials
The legal representative of an individual exercises all the rights that a citizen has in the interests of whom he acts. Accordingly, he commits all the appropriate procedural actions provided for the subject. A similar rule applies to the obligations that the represented person has.
Requirements
The rules establish that the legal representative of an individual in respect of whom the proceedings are opened, as well as of a victim who, due to his illnesses, cannot independently exercise his rights, must be present at the hearing of the case. The exception is cases when, with proper notification of the subject of the place and time of the meeting, he did not receive a request to postpone the consideration, or it was not satisfied.
Administrative proceedings
The norms do not establish a requirement for the mandatory presence of a minor's legal representative during such proceedings.An exception is cases when he was recognized partially or completely incompetent. At the same time, in the proceedings of an administrative case opened against an 18-year-old subject, the body, judge or official may recognize the presence of a legal representative in a particular situation as mandatory.
Additionally
A legal representative may advocate for the interests of a citizen in any organizations and in cooperation with any other entities. A simple example is the registration of a child in a general education institution in the first grade. In this case, the minor is not able to independently write a statement, sign it. In this regard, his parents / adoptive parents and others act for him. The legal representative of the taxpayer (individual) may act in defense of his interests in the Federal Tax Service.
The organization
The legal representative also advocates for the interests and rights of the legal entity in respect of which the proceedings are opened, or of the enterprise acting as the victim in the proceedings. It can be the direct head of the company or another entity recognized by the rules of law or in accordance with the constituent documentation as an authorized body of the company. According to Art. 91 of the Civil Code, a collegial or sole executive structure should be formed in the LLC. Her powers include the current management of the enterprise. As the executive body of AO, according to Art. 103 of the Civil Code, may be a directorate, board or leader.
Normative base
The above provisions of the Civil Code specify articles of federal legislation regulating the legal status, organization and operation of certain categories of legal entities. Along with this, there is local regulation of these areas. First of all, it is constituent documents and acts adopted by the company in accordance with them. These local standards define specific issues related to the organization and operation of executive structures in the company.
Important point
It should be noted that the legal representative of the company in administrative proceedings can only be a director or a person endowed with the relevant powers of constituent documentation or the rules of the Federal Law. In other words, he cannot be appointed by local acts of the executive body. Within the meaning of the legislative provisions, only an individual can act as a representative of a company. The inability to fulfill this function by a collegial body is understandable.
Supporting documents
The authority of the company representative is certified by papers indicating his official position. This can be a certificate or a relevant certificate. The legal representative of the company, if it is its head, acts in its interests without a power of attorney. A different rule is provided for an entity not acting as a director of the company. In this case, the legal representative must also have documents confirming the official position. However, reference and certification will not be enough. Additionally, the norms establish the obligation for the legal representative (not the head of the company) to have a power of attorney.
The rights
The legal representative of the company may be present during the inspection of the premises, territories and objects located on them belonging to the company. The rules provide precisely the ability to be at the completion of these actions, without defining this as an obligation. The presence of a legal representative during an administrative proceeding with the participation of an attorney is not required. However, the rules do not allow the simultaneous absence of these entities in the proceedings. One of them should be directly involved in production.