Powers of the lawyer in court

The Federal Law No. 63 defines the main aspects of the activities of lawyers. The normative act establishes the procedure for obtaining the relevant status, the duties and rights of defenders, the rules for sending requests, as well as regulates other issues related to the work of these persons. определяются в 6-й статье. The general powers of counsel are defined in Article 6. Consider them.

Features of the activity

Lawyers provide qualified legal assistance on a professional basis. To carry out such activities, a person must obtain an appropriate status. The procedure for granting it is established in Federal Law No. 63. The main objectives of the activities of these entities are to ensure the protection of the rights, interests and freedoms of individuals and organizations, ensuring their access to justice. Defenders, in accordance with Federal Law No. 63, are not entrepreneurs.

Nuances

устанавливаются кодексами в зависимости от типа производства. The powers of the lawyer in court are established by codes depending on the type of production. In the cases provided for by the rules, a person must have an order that is issued by the relevant entity. The form of this document is approved by the body of justice. нотариально заверенной бумагой. In other cases, the powers of the lawyer are certified by a notarized paper. It is not allowed to demand from the defender and the persons to whom he is providing assistance, the presentation of an agreement concluded between them.

General powers of a lawyer

The defender has the right to collect information necessary to provide legal assistance. He can, among other things, request characteristics, references, other documents from local / state authorities, public and other organizations. The order of requests is established art. 6.1 of Federal Law No. 63. The specified structures are obliged to present to the defender the required documents or their copies. входит опрос лиц, предположительно обладающих сведениями, относящимися к спору, в рамках которого он предоставляет юридическую помощь. The powers of the lawyer include a survey of persons allegedly possessing information pertaining to the dispute, within which he provides legal assistance. It is necessary to obtain consent from these entities. An advocate has the right to collect and present documents and objects that the court can recognize as material and other evidence, in the manner prescribed by the rules. The Defender may engage specialists on a contractual basis to clarify matters related to the provision of legal assistance. An advocate has the right to meet with the client unhindered, alone, without limiting the number and duration of visits. At the same time, conditions should be created that ensure confidentiality. входит фиксирование информации, содержащейся в материалах производства, в том числе с использованием технических средств. The powers of the attorney include fixing information contained in the materials of production, including using technical means. In this case, the defender is obliged to observe state or other protected secret. The powers of the lawyer may include other actions that do not contradict the legal norms.

Delivery of paper

определяется в 55-й статье ГК. The procedure for registering the powers of an attorney is defined in Article 55 of the Civil Code. According to the norm, documents provided to citizens are certified notarially or in the organization in which the subject is assisted or assisted, by the housing maintenance station at his place of residence, by the management of the social security institution, the inpatient medical institution in which he resides, the commander Parts. In places of imprisonment, you can also certify the papers that establish the powers of the lawyer. в таких случаях утверждаются начальником исправительного учреждения. The power of attorney in such cases is approved by the head of the correctional institution. Paper on behalf of the organization is issued with the signature of its head or other entity having the relevant competence, according to the constituent documents.

Additionally

In the sixth article of Federal Law No. 63, it is established that the powers of the lawyer are confirmed by a special warrant. It is issued by the corresponding human rights organization. To directly participate in the case, thus, the lawyer needs to have an order and a power of attorney from the subject who invited him for consideration. The competence of counsel can also be determined by an oral or written statement. The first is necessarily recorded in the minutes of the hearing.

Specificity of the document

The definition of the power of attorney is present in the 185th article of the Civil Code. The document recognizes the limits of competence within the framework of specific legal relations. The duration of the paper is no more than 3 years. If the document does not have a validity period, it is considered by default equal to the year from the date of issue. The power of attorney, which does not contain an indication of the day it was committed, is recognized as null and void. In accordance with the norms, the entity that has the document is obliged to personally carry out the actions envisaged in the paper. However, in certain cases, he can delegate their implementation to another person. To do this, the relevant right must be established in the document or procedure is caused by the need to protect the interests of the citizen who issued the paper. In case of delegation of authority, the person must notify the client about this, and also provide the necessary information about the new lawyer. If this requirement is not fulfilled, the responsibility for the actions of the new entity shall be borne by the one to whom the legal opportunities were initially granted. The period of validity of the document provided in the order of the re-delegation can not be longer than the period established for the power of attorney on the basis of which it was issued.

Termination of legal relations

не могут реализовываться при: The procedural powers of a lawyer can not be realized when:

1. Expiration of the document, which establishes them.
2. A certificate of power of attorney by the issuer.
3. Refusal of the person to whom the document is submitted.
4. Elimination of the organization on whose behalf the paper was issued.
5. The death of the principal, the recognition of his / her completely incapacitated, and also missing.
6. The liquidation of the organization to which the power of attorney was issued.
7. Death of the defender.

Classification of documents

: The powers of the attorney are certified :

1. One-time paper. Such a document is issued to a person to participate in one proceeding in one instance.
2. The common paper. Such a document allows you to represent the interests of a person in all disputes and all instances.
3. Special paper. This power of attorney is granted to the entity for participation in one proceeding in all instances.

Restrictions

которого, согласно 54-й статье ГПК, закрепляются в соответствующей бумаге, совершает все установленные в ней действия. The lawyer (representative), whose powers , according to Article 54 of the CCP, are fixed in the relevant paper, performs all the actions established in it. However, the norms provide for certain requirements. специальными оговорками в документе. In particular, some of the powers of the lawyer are confirmed by special reservations in the document. They include:

1. The right to sign a suit.
2. Submission of demand to the authority.
3. Transfer of the dispute to the arbitration court.
4. Presentation of a counterclaim.
5. Refusal of requirements (partial / full) or reduction of their size.
6. Change of the basis or subject of the claim.
7. Recognition of requirements.
8. Signing of the settlement agreement.
9. Transfer of authority to another person.
10. Appeal against a decision or other resolution on the dispute.
11. Presentation of the writ of execution.
12. Receiving money or other property awarded on the basis of a claim.

Standards GIC

. They determine the order in accordance with which the powers of the lawyer are exercised in the civil process . In the norms, special attention is paid to the regulation of duties and rights of defenders. реализуются лицом, соответствующим ряду требований. The powers of a lawyer in a civil case are realized by a person who meets a number of requirements. In particular, the subject:

1. Carries out relevant activities as a professional lawyer. He must have sufficient knowledge and experience.
2. Clearly understands its functions in a particular case and in the process as a whole.
3. Has at its disposal a wide arsenal of measures, methods and means established by the norms for the performance of its tasks and duties.
4. Is well aware of the size and types of responsibility for the effectiveness, timeliness and quality of their work on behalf of the participant or third parties in production.

должны реализовываться добросовестно. According to Article 35 of the CCP (paragraph 1), the powers of the lawyer must be exercised in good faith.

The provisions of the agroindustrial complex

, а также порядок их реализации и ответственность субъекта. They regulate the powers of the lawyer in the arbitration process , as well as the procedure for their implementation and the responsibility of the subject. It should be noted that the activities of a person in proceedings relating to the consideration of economic disputes have their own specifics. It is conditioned by the relatively recent adoption of the new edition of the agrarian and industrial complex and the introduction of amendments to Federal Law No. 63. These normative acts did not fundamentally change the powers of the lawyer. максимально приблизил их к компетенции, которую имеет защитник в рамках разбирательств, регламентируемых ГПК. The law maximally brought them closer to the competence that the defender has in the proceedings regulated by the CCP. This circumstance causes one important nuance. The powers of the lawyer are derived from the duties and rights of the subject, in whose interests he acts. Accordingly, it can not go beyond the competence designated by the defendant. At the same time, the exercise of the powers of an attorney in the arbitration process is based on a number of principles. They include, first and foremost, competitiveness and equality of the participants in the dispute. The implementation of these principles provides an opportunity for defenders of both sides to enter production on the same basis. This is especially important in the presentation of arguments and their justification in the interests of trustees.

Subject composition

The norms of the AIC provide for several categories of persons who have the right to act on behalf of various subjects in the arbitration process. This question is explained, for example, in the 59th article. According to its provisions, lawyers and other persons providing legal assistance can act as representatives of natural persons, individual entrepreneurs, among others. Other rules are provided for disputes in which organizations participate. Their representatives can be bodies functioning in accordance with the rules of law, constituent documents, as well as lawyers. Thus, defenders act as one of the categories of subjects entitled to act in the interests of the organization in a dispute.

Features of Evidence

When representing the interests of persons, the lawyer must take into account the requirements and rules established in the AIC. Specificity of the defender's activities is related to the procedure for collecting, presenting and evaluating evidence. Details about this issue are mentioned in the 64th article of the agrarian and industrial complex. Normally it is indicated that as evidence can be things, documents, explanations of citizens participating in the proceedings, expert opinions, testimonies, video and audio recordings and other materials. The list provided in the article indicates that priority is given to written justifications. This, in turn, means that the applicant's lawyer, in the process of developing the plan of the speech, must support the arguments with documents. In this case, the defender must take into account that, according to the requirements of the AIC, each party discloses the evidence before the meeting begins. A corresponding prescription is contained in Article 65 of the Code. In practice, this requirement is implemented as follows. In preparing for the proceedings, the plaintiff's attorney, when sending the application, responds to the defendant with evidence to him or reports the availability of documents in a different acceptable way. A similar rule applies to the lawyer of the other party. When sending a response to a claim, the defendant's defense also encloses documents justifying the objections, as well as papers proving the sending of their copies and annexes to the plaintiff and other entities involved in the proceedings. Article 65 also stipulates that persons can only refer to evidence that has been received by other parties in advance.

Honesty

Advocates who represent the interests of the parties to the proceedings should take into account other features of production. They must use their opportunities provided for in the codes, solely in the interest of the persons on whose behalf they act. Abuse of authority may lead to unfavorable consequences for the principal. This, in particular, refers to the application of the rules governing the enforcement of the claim. In the process of appealing against decisions, the lawyer must consistently use all the options established by the code. In this case, the defender is obliged to coordinate the contest with the persons in whose interests he acts. The point is that the lawyer is not an independent participant in the process. Accordingly, in his own name, he has no right to send complaints.

Additional Features

In the business sphere, in addition to representing the interests of persons, the lawyer is entitled to provide other types of assistance. In particular, it can:

1. To conduct a claim work.
2. To provide assistance in the field of contract law. In particular, it is about the accompaniment of transactions (preparation of agreements, advice on their registration, registration, participation in pre-contract disputes, as well as proceedings relating to the conclusion, execution and termination of contracts).
3. Provide assistance in the field of corporate law. In particular, an attorney can accompany the creation of an organization.
4. To act in the interests of the subject in tax disputes.
5. Represent the client in local and state power structures.
6. To assist in solving personnel issues.

The activity of lawyers in the entrepreneurial sphere is often based on the subscriber servicing of the represented person.

Administrative law

Lawyers act in the framework of the proceedings as representatives and defenders. Differentiation of the status is carried out in accordance with Art. 25.5 of the Administrative Code. According to the norm, to provide legal assistance to the subject in respect of which administrative proceedings have been initiated, the defense counsel may participate directly in the proceedings, and in the provision of legal services, a representative. Any citizen can act as the said person. This means that a lawyer / representative may not be a lawyer.

Prohibitions

A lawyer has no right to receive from an entity that asked for help an instruction if it has a knowingly unlawful character, and also if the defender:

1. Has an independent interest in the subject of the agreement, different from the wishes of the principal.
2. Participated in the production of the status of a judge (arbitration including), an arbitrator, a prosecutor, an intermediary, an investigator / investigator, an interpreter, an expert, a specialist.
3. Is a victim or witness, an employee whose competence was to make a decision that satisfies the interests of the person who applied for help.
4. Is in family, kinship relations with officials who led or participate in the examination or investigation of the case.
5. Provides legal assistance to a subject whose interests are not consistent with the wishes of the citizen who applied.

Defender is prohibited to take a position in production, contrary to the will of the person on whose behalf he acts. The exception is when a lawyer is sure that there is a self-incrimination of the represented entity. The defender can not publicly declare the proof of the guilt of the person in whose interests he acts, if he denies it. An advocate is not allowed to disclose information that was communicated to him as part of legal assistance to a client, without the consent of the latter. It is not allowed for the private cooperation of the defender with the law enforcement agencies that conduct operational search work. The lawyer has no right to refuse from the already taken up powers.