The concept and types of judicial representation have been studied for a long time. At the hearing may be not only the direct participants themselves, but also proxies related to them. Such a process should be attended by specialists who, thanks to their professional skills, carry out the most difficult tasks. The concept of representation refers to a number of cases when its participants cannot attend the meeting independently. You need to know how to correctly and correctly manage to draw up the necessary powers. We also consider what types of judicial representation are.
What is this concept in general?
This implies the actual appointment of a representative to conduct the process in relation to his client, who represents all his interests and protects them. To completely win the case, you need to find the most competent specialist.
The concept and types of judicial representation are interconnected.
Any representative acts as an interested person in obtaining a positive result in relation to his client. He concludes an agreement with him, and therefore, bears the responsibility imposed on him for his work. This legal area of relations is regulated by article No. 48 of the Civil Procedure Code of the Russian Federation. Next, we analyze the types of judicial representation and their characteristics.
Signs of the judicial representative and his functions
Each representative carries out activities on behalf of another person, according to which he receives the right to conduct procedural measures and actions. The powers of such a person are deemed to be derived from the duties and rights of the represented. If this person is recognized as legally competent, then he also has the right to perform any procedural actions related to a specific issue. It so happens that there is a need for parallel participation of a representative, for example, in adoption cases.
There are other purposes for judicial representation. Each specialist carries out activities within his authority. During court hearings, only those actions that are prescribed in the contracts may be performed. Trustees have a procedural interest, and material and legal consequences are important for the represented person. Consider below the grounds and types of judicial representation.
Possible options for judicial representation
Judicial representation in the civil procedure is provided for by the documentation of the legislative framework, which is related to procedural cases. This rule is spelled out in the criminal, arbitration and civil codes.
In addition to the procedural relationship, representation within the framework of the judicial nature in the civil process is divided into several types:
- voluntary and compulsory, which is designed for minor citizens;
- public, official and contractual.
Each of the above types of power of attorney has its own particular features, which, of course, affects the process of their design. In order for the principles of each of them to become understandable, you need to familiarize yourself with them in more detail.
Voluntary Representation
This is one of the types of judicial representation. Similar services are usually chosen at will. They are both paid and free. The second type is suitable when the services are provided by acquaintances, relatives or friends who have the proper skills to carry out the work.All that remains is to correctly execute the power of attorney.
At the moment, there are many institutions that perform the services of lawyers for a fee. Specialists have the working experience necessary for representation, which allows them to carry out activities at the highest level.
Legal representation
Another type of judicial representation. In this case, interests in court are protected by trustees, or adoptive parents, as well as parents. If the organization’s work is terminated for some reason, the representative of the liquidation commission is the representative. Against the background of the bankruptcy of the institution, such work is done by the arbitration manager.
Legal representatives have the right to perform various actions. They seem to delegate authority to another person, for example, a lawyer. But this necessarily requires documentary confirmation.
Public representation
The next type of judicial representation. This type is used by institutions in order to protect the rights of its participants. These may include trade unions, human rights organizations, and various homeowners associations.
A principal in this case is required when it is not possible to establish the place of residence of the defendant. Because of what it may not be possible to notify him of the meeting. But if he received a notification, then a representative will no longer be required.
Features of judicial representation
What are the types of representation in the arbitration process in judicial practice, we have examined. The authorized person carries out not only procedural actions. It acts on the basis of the Civil Code of the Russian Federation. The legislative documents spell out all the possibilities of representatives, and in addition, the principles of his delegation, in addition, they indicate the rules for the general execution of powers of attorney, which should confirm the existence of authority among proxies.
According to article 48 of the Code of Civil Procedure, citizens have the right to participate in meetings in person or together with their representative. Processes for protecting organizations are carried out by officials or their third-party representatives. For these purposes, a power of attorney must be concluded.
Legal Representative Requirements
In civil proceedings, judicial representation is carried out only in the case when the authorized representative is recognized as legally competent. He must have appropriate documentary evidence giving the right to carry out his work. According to the law, such obligations may have:
- adoptive parents, guardians or parents;
- persons who are responsible for the property of a lost citizen.
Representatives have the right to transfer matters to other persons. Investigators, judges and prosecutors are not able to carry out such work, as they have other responsibilities.
Representation Rules
We examined the concept and types of judicial representation. What are the credentials? In civil proceedings, judicial representation is performed on the basis of the following documents:
- In the event that the lawyer performs this work, the confirmation is a warrant, which is provided by the lawyer community and the requirements of the Ministry of Justice.
- Legal representatives have general civil documents, such as birth certificates and custody certificates.
- In a situation where a representative is appointed on behalf of the institution, the document is written directly by the head.
- A power of attorney from a citizen must be notarized at the place in which it carries out its activities, or the principal is simply studying.
Documents from individuals are certified in partnerships of homeowners, or this can also be done in consumer cooperatives or in management companies.The power of attorney has at its disposal a validity period equal to one year from the date of its execution in the case when it does not indicate a different time period. The agreement fixes the date of direct execution, since without it the document immediately loses its legal force. Exceptions may include notarized power of attorney, according to which, it is possible to perform labor activities abroad. If the date is not indicated in it, then the document is valid until revoked.
Trustee Activities
The types of representations and the powers of judicial representatives are of interest to many. The power of attorney gives the citizen the opportunity to grant the right to carry out procedural measures. But there is a list of some responsibilities that must be recorded in the document. The powers of a representative are as follows:
- signing the current claim and transferring the application to the court;
- sending disputed proceedings to the arbitration court;
- the possibility of filing a counterclaim;
- complete rejection of any requirements.
Making a power of attorney is considered the most responsible matter, therefore, the process of its execution requires due attention and proper preparation. The powers that are delegated to the principal may be somewhat different. It is advisable to try to plan in advance all the actions of the representative, as he is obliged to protect the interests of his principal.
Current changes
Starting in 2015, new principles regarding various representations began to apply. These changes relate to the following issues:
- Social service organizations were created, due to which more and more power of attorney issuing agencies began to appear without the participation of notarial bodies.
- At the moment, the signature of the leadership on the power of attorney is considered necessary, and the seal, on the contrary, is put exclusively at will.
Choosing a legal representative
The protection of rights in court, of course, is rightfully recognized as a very difficult job, requiring various skills and extensive experience. According to the legislation, absolutely every person recognized as responsible can take part in this kind of activity. But it is also important to consider that all kinds of difficulties associated with paperwork are likely to occur.
One should not agree to suspicious cheap services, since any professional work will not have an underestimated cost in the formation of its price. Depending on one kind of specialization or another, the amount may fluctuate in one direction or another.
Before you go to a meeting with a lawyer, you must definitely hold a preliminary meeting with your representative in order to discuss various details. Joint and productive cooperation will definitely help to win any business. The necessary representative can be found through a law agency. In such a situation, you will need to get acquainted with the work of several similar institutions, find real customer reviews about them and, of course, make sure that there is documentation that will confirm the permission to conduct such activities by this organization.
Use of strategy in litigation
Types of judicial representation in civil proceedings are used quite often. Any success directly depends on a well-thought-out strategy, so it is very important to pay due attention to its development. The representative must take into account all factors in order to be able to control the general course of the whole matter.
The hired lawyers, as a rule, study all the documentation in detail, after which they select effective options for protecting the rights of their clients. During the development of the strategy, contacts are established with other parties in order to attract opportunities to resolve issues before the trial.
The concept, types and grounds of judicial representation is a voluminous issue.
Tasks
Each type of representation involves participation in litigation. The specialist must confirm the authority, in addition, protect the rights and put forward evidence, as well as various kinds of petitions. Its activities are clearly stated in the contract. The representative, like the customer, is directly interested in the success of the result, which must necessarily satisfy his client.
In the event that the decision does not suit the client, it is necessary to appeal, by contacting the higher authorities. In this kind of activity, the direct functions of a representative remain exactly the same. Be that as it may, in any process you should definitely choose only a competent specialist, which will certainly allow you to achieve the desired result.
We examined the concept, types and objectives of judicial representation.