Procedural revolution from the Armed Forces of the Russian Federation: a representative in court can be not only an individual, but also a legal entity. Sample power of attorney to represent interests in court Power of attorney to protect interests in court

A power of attorney is a legally significant administrative document used by one party to transfer its powers to another party, while the purpose of its execution is to represent the interests of the principal before a third party.

The document is used directly by the representative to confirm to a certain third party that he has the authority to act on behalf of the principal. The principal himself can present a power of attorney.

A power of attorney is issued solely regarding the performance of actions of a lawful nature by the representative, and the structure of the document itself should not contradict the requirements of the law.

The legitimate powers listed in the document should not imply ambiguous interpretations, and the wording should be specific.

The list of powers set out in the document must correspond to the rights of the principal granted to him by law. Simply put, the principal cannot authorize a representative to perform legally significant actions that he himself does not have the right to perform.

Important! When drawing up a power of attorney, it must indicate:

• what is the name of the document - “Power of Attorney”;
• the place where the document is drawn up. Start with the name of the locality: village, town, city. Then designate the district, region, region, republic, autonomous region (okrug). All names are written in full. If the power of attorney is not certified at a notary's office, write the address where these actions are performed;
• the date on which the document is drawn up. The date, month and year of registration are indicated. The entire date must be written in words;
• information about the parties (principal and representative). If we are talking about physical person, you need to indicate your full name and residential address;
• what powers does the representative acquire after issuing a power of attorney?
• Finally, signatures.

The principal also independently decides whether to include the following information in the power of attorney:

• the exact period of validity of the document;
• on the presence/absence of the right of subrogation. If absent, a direct ban on performing these actions is indicated.

Nuances:

• if the document does not contain the date of its execution, it is considered void;
• if a citizen (individual) is a party to the power of attorney, other individualizing data is also indicated: the date and place where he was born, information about his identity document.

ATTENTION! Look at the completed sample power of attorney to represent interests in court from an individual:

When is a power of attorney required?

In most cases, citizens instruct representatives to represent their interests under the following circumstances:

• in the absence of the opportunity to independently take part in a legal dispute due to a number of objective reasons: deteriorating health, lack of time, etc.;
• if the principal is in prison, undergoing treatment or in social services at the time the case is considered in court. institution;
• if during the consideration of the case in court the citizen must be in another place - to resolve an urgent issue requiring his personal presence;
• when deciding a rather complex case in court, the result of which may result in serious consequences for the principal, or he does not count on his own strength and ability to influence the judicial process;
• in the absence of a desire to directly participate in the dispute (for example, reluctance to see the opponent) and the intention to achieve maximum benefit when considering the case.

In each of these cases, the interests of an individual, be it a defendant or a plaintiff, can be protected by a representative. In this case, the latter is obliged to act only in the interests of the principal. Admission to the case of a representative is ensured by a power of attorney, which must be correctly drawn up.

Watch the video. New rules for issuing powers of attorney to the court and government bodies:

Who draws up the power of attorney

One of the parties to the legal dispute can initiate the execution of a power of attorney. The interested party contacts the selected representative and formally delegates to him the necessary powers to protect his own interests.

To correctly draw up a power of attorney, you need to:

• go to a notary's office and ask a notary to draw up a document;
• visit a lawyer;
• independently, but this requires a sample power of attorney.

Important point! A power of attorney can be issued by the principal alone without the presence of a representative, however, if the latter entrusts him with his passport.

Features of the document

Only the principal can create a power of attorney, since this document is drawn up on his behalf. The law assumes that not only an individual citizen, but also a group can act as a trustee (Article 43 of Federal Law 67-FZ).

If we talk about the consideration of a case in court, then representation becomes possible only if the power of attorney is correctly and accurately drawn up. Then the representative will officially protect the legitimate interests of the party in the case.

Only a power of attorney certifies the fact that powers have been officially transferred to the representative and on behalf of the principal. Based on a power of attorney, you can confirm your status in court and legally represent the interests of the principal during the proceedings.

An interested party has the right to use a power of attorney drawn up according to the rules in cases considered in various courts, including courts of general jurisdiction, magistrates, arbitration, and arbitration courts.

It should be remembered that such details as the date and place of execution of the power of attorney and signature are required. If the document is deprived of them, it will lose its legal force.

Who can be the trustee

The requirements of the law are such that absolutely anyone can become a principal, and not necessarily an ordinary individual. face. Others (individual entrepreneurs, legal entities) also have this opportunity.

In relation to certain categories of persons (incapacitated, minors), powers of attorney are issued by their legal representatives.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

Who is appointed as the representative?

Only persons who have reached the age of majority can engage in representation. This is the main limitation regarding citizens who can acquire the right to conduct legal proceedings on behalf of the principal by receiving from him a specific, feasible task.

But there are other restrictions. Thus, a power of attorney cannot be issued to the following officials: prosecutors, investigators, judges (including their assistants).

What powers are transferred

As soon as a power of attorney is issued, the attorney acquires the powers delegated to him by the principal in order to be able to legally represent his interests in judicial structures.

The list of such powers can be divided into two groups:

• are common;
• special.

The first group of powers is transferred to the authorized person automatically.

Remember! To familiarize yourself with them in more detail, you should consider Article 25.5 of the Administrative Code, which states that those admitted to the admin. production representative (defender) can:

• get acquainted with those gathered by admin. case materials;
• provide the court with the entire list of evidence for the most objective decision-making in the case, taking into account all the circumstances that have occurred;
• file various types of petitions or challenges in the interests of the party represented in the case;
• participate in the admin review procedure. cases in court;
• protest the use of interim measures in relation to the entrusted person, as well as decisions made not in his favor;
• take advantage of the remaining procedural rights vested in the principal and, therefore, on the basis of a power of attorney, his representative.

The law gives the principal the right to transfer other special powers to his representative. The list of powers of this group is established by Article 57 (Federal Law No. 119).

Thus, regarding issues related to enforcement proceedings, the representative is given the right to:

• present and petition for the revocation of documents drawn up by the executors, if they are of significant importance during the consideration of the case in court;
• delegate the powers delegated to him to other persons, but in the interests of the principal and to achieve the tasks assigned to him;
• receive property and other valuables (including money and securities) awarded to the applicant after the completion of the trial;
• refuse collection within the framework of the current executive document;
• enter into settlement agreements (reconciliation) with an opponent in the case;
• appeal the decisions made by the executor, as well as the executive actions or inactions carried out by him.

Any special authority when drawing up a power of attorney must be signed by the principal in detail.

Notarization

According to the general rules, a power of attorney granting the right to a representative to participate in a court hearing of a case against the principal (individual or individual entrepreneur) must be certified by a notary.

Please note! In some cases, you can do without a notary, since the law provides for exceptions - in some cases the following are equated to certified powers of attorney:

• powers of attorney issued by military personnel and their relatives who are in military institutions or military treatment facilities. In such circumstances, the executed document is authorized to be certified by the head of the relevant institution at the place of residence of these persons;
• powers of attorney drawn up on behalf of citizens who are in prison. Powers of attorney drawn up by prisoners can be certified by the heads of the institution where the principal is serving his sentence;
• powers of attorney executed by a legally capable citizen who has reached the age of majority and who is temporarily staying within the special area. social institutions protection. In this case, the certification of the document is carried out by the administration of the institution where the principal is located.

What is the validity period of the power of attorney?

When a power of attorney is drawn up, the principal has the right to independently determine the period of its validity necessary to achieve the assigned tasks.

Note! Any period can be set, since the duration is not defined by law.

When determining a specific period during which the power of attorney will be valid, the principal limits it to an exact date or indicates a period of time (year, month, week, number of days). It is permissible to designate a period by the moment of the occurrence of an event, if it definitely happens, which is known to the principal.

When several types of powers are expected to exist, the principal has the legal opportunity to determine either the general deadline for their completion, or to set this deadline for each separately.

The absence of a period (date) of completion of the power of attorney implies its conclusion for a year. The period is counted from the moment of registration. The period of validity of delegated powers is limited to the terms of the main power of attorney. Only the determination of a shorter period is allowed.

The Civil Collegium of the RF Armed Forces struck me with creativity and courage that is usually unusual for it. Neither more nor less, the Supreme Court of the Russian Federation recognized the right of a legal entity to be a representative in court. The contents of the judicial act indicate that the case was transferred specifically to resolve this issue. That is, this legal position was not of a secondary nature and was not said “to the point.” To put it in beautiful legal language, it is ratio decidendi(the essence of the decision), and not obiter dictum(incidentally said).

We are talking about the Determination dated September 27, 2016 No. 36-KG16-10: http://www.vsrf.ru/stor_pdf.php?id=1477734

The plot of the case boiled down to the following.

Citizen Medvedem A.S. issued a power of attorney to Yurkollegiya LLC to represent interests in court. To exercise its powers, Yurkollegiya LLC issued a power of attorney in the name of A.S. Komarov, authorizing him to perform procedural actions on behalf of Yurkollegiya LLC. Thus, the following structure of legal relations has developed:

1) person participating in the case - Medvedev A.S.;

2) representative Medvedem A.S. (by power of attorney) - LLC "Yurkollegia";

3) representative of LLC "Yurkollegiya" (by power of attorney) - Komarov A.S.

A.S. Komarova, acting as a representative of Yurkollegiya LLC, signed the appeal by A.S. Medvedev.

The appellate court left the complaint without consideration on the merits. The court indicated that within the meaning of Art. 49 of the Code of Civil Procedure of the Russian Federation, only individuals can be representatives in court, and therefore, a complaint signed by a representative on behalf of a legal entity to which a power of attorney has been issued to represent the interests of A.S. Medvedev does not meet the requirements of Part 3 of Art. 322 Code of Civil Procedure of the Russian Federation.

However, the Supreme Court of the Russian Federation did not agree with the opinion of the appellate court, I motivate my position as follows (text highlighted by me):

“As provided for in Art. 49 of the Code of Civil Procedure of the Russian Federation, representatives in court can be capable persons who have duly formalized authority to conduct the case.

Thus, provisions of Art. 49 of the Code of Civil Procedure of the Russian Federation does not contain any indication that only an individual can be a representative in court. This rule of law provides that a person representing interests in court must be legally capable and his powers must be properly formalized.

The legal capacity of a legal entity (the ability to acquire and exercise civil rights through its actions, create civil responsibilities for itself and fulfill them) arises simultaneously with its legal capacity.

In accordance with paragraph 3 of Art. 49 of the Civil Code of the Russian Federation, the legal capacity of a legal entity arises from the moment information about its creation is entered into the unified state register of legal entities and terminates when information about its termination is entered into the said register.

Part 1 art. 37 of the Code of Civil Procedure of the Russian Federation also gives organizations civil procedural capacity - the ability to exercise procedural rights through their actions, perform procedural duties and entrust the conduct of a case in court to a representative.

From the general principles of civil proceedings and the content of the above rules of law, it follows that if a person is capable of exercising procedural rights and performing procedural duties on his own behalf by his actions, then he is capable of doing this on someone else’s behalf (unless he is expressly prohibited from being a representative by virtue of his official position).

Persons who cannot be representatives in court are indicated in Art. 51 of the Code of Civil Procedure of the Russian Federation, they are judges, investigators, prosecutors, with the exception of cases of their participation in the process as representatives of relevant bodies or legal representatives. This list is exhaustive; legal entities (organizations) are not indicated in it.

A legal entity capable of exercising procedural rights and fulfilling procedural duties by its own actions cannot be limited in the choice of whether to act on its own behalf or on someone else’s behalf, if it is vested with the appropriate powers formalized in the manner prescribed by law.

Under such circumstances, the conclusion of the appellate court that Yurkollegiya LLC cannot be a representative in court is incorrect.”

Is the position taken by the RF Armed Forces worthy of approval?

In principle, I do not see any serious theoretical obstacles to recognizing a legal entity’s ability to be a representative in court (procedural transcapacity). If desired, the design of a legal entity can also find its application in the institution of judicial representation. But is there a need for this?

The emergence of such a subject of law as a legal entity was largely due to the needs of property turnover. At a certain level of economic development, it has become convenient, or more accurately, simply necessary, for the emergence of a subject other than an individual. At the same time, we must not forget that the design of a legal entity serves purely utilitarian purposes, and the admissibility of its use in certain branches of law depends on the extent to which the specifics of certain social relations imply the advisability of its use. For example, today in civil law such a subject as a legal entity is necessary, but in criminal law we can easily do without it and will continue to do so for a long time.

In relation to procedural law, I am of the opinion that the appearance of a representative legal entity is inappropriate, except in rare cases expressly provided for by law. Of course, it is possible to give examples indicating possible advantages and conveniences both for the represented person, who issued the power of attorney to the procedural representative-legal entity, and for such a legal entity. However, it is unlikely that these examples are so important and widespread as to recognize procedural trans-capacity for a legal entity. Representation of interests in court is inextricably linked with the activities of a certain individual. Whatever legal entity is indicated in the power of attorney, a person will come to court and, using his efforts, will defend the interests of the person involved in the case. The quality of his activities will not be affected in any way by the fact whether the principal issued a power of attorney directly to him or to a legal entity associated with him. Equally, the emergence of procedural legal representatives cannot play any positive role in improving the quality of justice. In such a situation, in my opinion, there is no point in artificially multiplying legal entities and complicating the institution of judicial representation. We should also not forget that by allowing a representative legal entity into the process, we create additional difficulties associated with verifying the powers of individuals acting on behalf of such a legal entity.

However, choosing between a restrictive and literal interpretation of Art. 49 of the Code of Civil Procedure of the Russian Federation, the judges of the Supreme Court of the Russian Federation preferred a literal interpretation, although, in my opinion, it would be more correct to proceed from a restrictive interpretation, recognizing that the legislator meant not just a “competent person,” but rather a “competent individual.” Moreover, I am sure that neither the developers of the Code of Civil Procedure of the Russian Federation, nor the legislators themselves could even imagine that in Art. 49 of the Code of Civil Procedure of the Russian Federation, they opened the way for a representative legal entity.

At the same time, it cannot be denied that the RF Supreme Court correctly resolved the dispute on the merits. After all, the appellate court actually deprived the applicant of the right to judicial protection. It can be assumed that it was the desire to correct a fundamental mistake and restore justice that prompted the RF Armed Forces to take such a bold legal position. But if I were in the place of the judges of the Supreme Court of the Russian Federation, I would still give other reasons for canceling the judicial act.

It is obvious that the appellant became hostage to the vagueness of the provisions of Art. 49 of the Code of Civil Procedure of the Russian Federation and the irresponsibility of appellate judges. When appealing the decision, the appellant took all the necessary actions to comply with the requirements of the Code of Civil Procedure of the Russian Federation for the content and procedure for filing an appeal. Meanwhile, the appellate court, instead of eliminating doubts regarding the authority of the person who signed the appeal, returned it without considering the merits. In such a situation, the appellate court, contrary to the objectives of civil proceedings, by its actions deprived the appellant of the right to review the decision of the first instance court on appeal. Although within the meaning of Art. 49 of the Code of Civil Procedure of the Russian Federation, a legal entity cannot be a representative, if there is a power of attorney available in the case materials, the appellate court should have explained to the appellant the provisions of this norm, found out his opinion regarding filing an appeal and, if necessary, provided him with a reasonable period of time to formalize the powers of the representative in the manner prescribed by law . Since this was not done, the decision to leave the appeal without consideration was subject to cancellation.

• For more samples and comments, see"Samples of powers of attorney from a legal entity and an individual. Types, form, terms of power of attorney"

Sample power of attorney to represent a citizen’s interests in court

POWER OF ATTORNEY
to represent the interests of an individual in court

Moscow city, October tenth two thousand seventeen

I, citizen of the Russian Federation Petr Vitalievich Mamonov, born 04/01/1985, passport series ______ N ______, issued _______________ "__"______ ___ city, department code _________, registered at the address: ______________, residing at the address: _______________, I authorize with this power of attorney

Citizen Fedor Ivanovich Muzykin, born on October 23, 1991, passport series ______ N _______, issued ___________ "__"_______ ___ city, unit code ________, registered at the address: ______________, residing at the address:

conduct on my behalf and in my interests any civil cases in all judicial institutions, including when considering the case on the merits, in appeal, cassation, supervisory authorities with all the rights granted by law to a plaintiff, defendant, third party, including the right to sign a statement of claim, present it to court, submit a dispute to an arbitration court, file a counterclaim, complete or partial waiver of claims, complete or partial recognition of a claim, recognition or change of the subject of the claim, concluding a settlement agreement and an agreement on factual circumstances, appealing decisions, rulings and court orders, receiving and presenting writs of execution for collection, receiving awarded property or money, paying state duty and other obligatory payments and the right to execute other actions related to the implementation of this instruction.

Muzykin Fedor Ivanovich has the right to perform all actions on behalf of the principal within the framework of enforcement proceedings in accordance with the current legislation of the Russian Federation, including obtaining a writ of execution, demanding forced execution of a judicial act, presenting for collection and revoking a writ of execution and other documents, without the right ( option: with right) receipt of awarded property, securities and money, with the right to appeal decisions and actions (inaction) of the bailiff, with the right to conclude a settlement agreement.

When carrying out these instructions, I provide gr. Muzykin Fedor Ivanovich has the right to submit applications and other documents on my behalf, collect the necessary certificates and documents, sign for me, certify copies, pay the state fee and perform all other actions related to the implementation of this order.

The power of attorney was issued for a period of up to "__"_______ ___ with the right ( option: without permission) transfer of trust to other persons.

Signature of the authorized representative gr. Muzykina F.I.____________ I confirm.
(signature)

Principal:
________________/ Mamonov Petr Vitalievich/
(signature)

City ( option: village, town, district, region, region, republic) __________ (Name)

"___"________ ____ this power of attorney is certified by me _____________ (last name, first name, patronymic), notary _________________ (name of the state notary office or notary district).

The power of attorney was signed by gr. Mamonov Pyotr Vitalievich in my presence.
His identity has been established and his legal capacity has been verified. The text of the power of attorney is read aloud by the notary.

Registered in the register under N __________.

State duties collected (at the rate): _________ (_______) rubles.

Notary:
__________________/________________/
(signature) (full name)

Comments:

State fee for certifying a notary's power of attorney

The state fee for certification of other powers of attorney requiring a notarial form in accordance with the legislation of the Russian Federation is determined on the basis of paragraphs. 2 p. 1 art. 333.24 Tax Code of the Russian Federation.

Special powers

A number of powers of the representative, by virtue of Article 54 of the Code of Civil Procedure of the Russian Federation, must be specifically stipulated in the power of attorney issued by the represented person

A court hearing requires clear order in everything - from preparation to the making of a decision. And for any court hearing, it is important that both the plaintiff, who put forward the demands, and the defendant, who will defend himself against these very charges, participate in it.

But it often happens that either the plaintiff, or the defendant, or some other significant participant in the case cannot personally participate in the hearings. In this case, he can replace himself with a representative who will need a power of attorney. In this article we will talk about a power of attorney from an individual to an individual in court, and we will also answer the common question “Is it possible to issue a power of attorney without a notary?”

When needed

A power of attorney is a document that gives the right to one citizen to represent the interests of another person or even an organization. Only with the help of a power of attorney can you transfer powers to a stranger and indicate that he has the right to express the interests of his principal.

In court, a power of attorney is needed in the following cases:

• If documents, claims and case materials submitted not directly but through a representative;
• If it was not the plaintiff or defendant himself who came to the meeting, but his representative, who partially or completely replace his client at the hearing;
• If the plaintiff or defendant uses the service of full representation in court. In this case, a lawyer will act as a proxy;
• If the plaintiff, defendant and third party are represented by a legal entity. In this case, the power of attorney is issued to one of the employees, who will take on the role of “the face of the company.”

These are just the most common cases of using a power of attorney. Moreover, the form of power of attorney for each case is almost always the same. But the most important question regarding the correct preparation of this document is whether it is possible to issue a power of attorney to the court from an individual to an individual without the participation of a notary?

Is it possible to compose and how is it done?

Let's move on to the issue of the notary's participation. The law clearly answers the question “Is it possible to grant a power of attorney to a court from an individual to an individual without the participation of a notary?” — no, this is impossible in principle. So if you simply write a standard power of attorney, then your representative will simply not be allowed to participate in the case.

What is the reason for such strictness? There are many answers:

• An authorized representative is a full representative of a citizen in court. That is, it will express not its opinion and position, but its principal. So the connection between the principal and the representative must be present not only formally, but also on the documents;
• A power of attorney is the same case material as evidence, testimony and other documents. So it must comply with all forms established by law, and until it has a notary’s seal on it, it simply won’t be accepted;
• A power of attorney must document a valid trust relationship between two citizens. That is, it should not be compiled under threats or through deception, otherwise it can be used in one’s own interests. In order to record the voluntary consent of the parties to sign a power of attorney, a notary’s seal will be needed.

So be sure to contact a notary if you need a power of attorney from an individual to an individual in court. To receive it, you will first need to draw up a document, then wait for it to be verified, pay the notary according to the current price list (from 1000 to 2000 rubles), and then receive a legally correct certified document.

Sample

The power of attorney for the court, unlike many other case materials, has a free form. However, it should be written according to the following example:

1. Title. You need to write a heading across the entire width of the A4 sheet, which will indicate a short name. For example, “Power of attorney for representation in court”;
2. Text part. Contains:
   1. Full name of the compiler;
   2. Compiler's passport data;
   3. Full name of the authorized person;
   4. Passport details of the authorized person;
   5. A detailed description of the powers that the power of attorney gives to its owner, as well as a list of operations that the authorized person will have to perform;
   6. Duration of validity of the power of attorney;
   7. Information on the notary certifying the power of attorney.
3. Conclusion. Contains:
   1. Compiler's signature with transcript;
   2. Signature of an authorized person with a transcript;
   3. Notary's signature with space for stamp.

If it is difficult for you to draw up a power of attorney for the court, you can ask the notary himself for help, or use our sample power of attorney.

Criminal lawyer. Experience in this direction since 2006.

Every citizen has the right to protect his rights and interests in court. But even with modern access to information, protecting rights in court and defending interests on your own is not so easy. It is reasonable to entrust participation in the consideration of the case and all procedural issues to a competent lawyer who will represent your interests during the trial.

Establishing the right to protect your interests in court for a specific person is possible only if certain features of formalizing such relationships with a lawyer are observed. We will tell you in this article how a document such as a power of attorney to represent interests in court should look and be executed.

Features of the document

As you know, a power of attorney is a fairly common form of transfer of rights within a business relationship. Such a document is required in cases where one person, acting as a principal, transfers some of the rights specified in the document to an authorized person for a certain period.

The power of attorney itself is, in fact, a document that grants the trustee the ability to perform certain actions specified in the agreement on behalf of another, and to act in his interests.

Info

Article 185 of the Civil Code of the Russian Federation contains a general provision regarding this type of documentation.

The peculiarities of a document such as a power of attorney include the conditions for certification of such documents. Thus, a power of attorney to represent interests in court is subject to mandatory certification if the principal is an individual and we are talking about the protection of personal interests. When a power of attorney is issued by a legal entity, certification is not mandatory, and the document itself must be certified by the directory of the organization and the official seal.

With the exception of features that distinguish a power of attorney from other legal documents, There are a number of details that highlight a power of attorney that allows you to represent interests in court:

• A power of attorney to represent interests in court cannot be issued to officials, namely: judges, prosecutors, investigators, assistant judges and other representatives of the judiciary;
• When considering cases in court, the costs of a lawyer may be compensated by the guilty party based on the results of the proceedings. The important thing is that you can only compensate for the costs of a lawyer executed under an urgent power of attorney. If the power of attorney is general, or executed without deadlines or indicating the period, then it will not be possible to recover expenses from the culprit in the case.
• A power of attorney does not annul the rights of personal participation and presence assigned to the principal, but the obligation to be present at certain stages of the proceedings is removed from him, provided that the attorney undertakes this.

Info

If a specific issue is being resolved in court, and its resolution affects areas of activity or affects the rights of a person, then contacting an experienced lawyer to represent interests in court is the best and most correct option.

In situations where you turn to a legal organization for help, you are usually asked to fill out a standard power of attorney, but knowledge of the intricacies of drawing up such papers can protect you from scammers and avoid unnecessary costs incurred, for example, due to the fact that the validity period not specified in the document.

How to compose

A power of attorney to represent interests in court should be drawn up according to the following structure and indicating the information listed below:

• The center is indicated document title: "Power of attorney"
• Specify place and date of signing powers of attorney. By the way, it is better to indicate all dates not only in digital, but also in alphabetic format;
• The following is the body of the document, which will contain the main conditions and a list of transferred rights:
  • Costs describe the roles, indicating the most complete data. Here it is worth indicating who is the principal under the power of attorney and who is the attorney, indicating the full name, registration address, year of birth, series, number and date of issue of the passport;
  • It must be indicated that the trustee under this document is authorized to represent the interests of the applicant in court. According to Article 54 of the Civil Code of the Russian Federation, a judicial representative has the right to perform any procedural actions, however, it will be necessary to list them in the text of the power of attorney. This:
    • The right to sign and transfer statements of claim;
    • The right to submit a dispute to arbitration;
    • The right to present counterclaims and claims;
    • The right to provide documents relevant to the case, which can act as evidence and evidence of facts;
    • The right to amend and supplement the requirements, grounds, and subject of the statement of claim;
    • The right to conclude a settlement agreement;
    • Right of petition;
    • The right to appeal to the appellate, cassation and supervisory authorities any rulings, decisions and rulings and other acts of the court within the framework of the case;
    • The right to present a writ of execution and receive property and funds transferred to the principal as a result of the proceedings;
    • The right to delegate powers under this power of attorney to another person;
  • Please indicate Until what date is the power of attorney valid?;
  • The authorized person and the principal must sign the document, indicating the decryption of the signature;
  • If the principal is an individual, then certification will be mandatory, therefore, the document will contain an additional paragraph entered by the notary, in which he will certify all the circumstances specified above, after which he will sign and seal;
  • If the principal is a legal entity, then the signature of the director and the seal of the organization will be required.

A power of attorney drawn up in this way will allow the principal to relieve himself of some obligations to participate in the proceedings, and completely eliminate the need for a detailed study of the legal features of the case. In the modern world, having a good lawyer in mind who is ready to defend you in court is not just an opportunity, but sometimes even a necessity.

Type