Representation is ... Representation in court. Diplomatic representation

Before discussing the very notion of "representation", it is necessary to go deeper into its etymology. Remember that in certain cases the term can acquire a different meaning. So, the concept came from the verb "to represent." This can be seen in the root of the word. What does it mean to represent? It is to act in someone's interests or to convey certain information. To date, representation is understood as completely different elements of a person's life, depending on which sphere is taken into account. It is important only to understand one thing identical for all the meanings of the term: a certain set of rights and duties must invariably pass to other persons, organizations, companies and territories. That is, part of the authority will necessarily remain. In a word, representation is an extensible concept. It fills with meaning depending on the situation.

Representation in state bodies

With the fact that there are several values of the definition, sorted out. As a rule, initially when the term is mentioned, the representation in the court comes to mind. However, in general, the procedure in this case implies the completion of a transaction or the implementation of the contract by one person (the so-called representative) on behalf of and at the direction of another person. Such authority of the subject may be based on a power of attorney, direct indication of a normative legal act, an act of an authorized state body or a local authority. In this case, representation is the realization of certain rights of another person. It concerns state bodies.

In this case, a tripartite relationship arises, where a representative is a person who has been entrusted to perform something on behalf of another person. Most often it's a lawyer. But the person being represented is a person who has entrusted his representative to act in a certain way. A third person is a structure or citizen, with whom a certain legal relationship arises as a result of the actions of the representative. These are the main objects of legal relations.

Who can be a representative?

Usually, certain requirements are imposed on such a subject. In particular, the representative can be an individual or a legal entity. In certain cases, they may be the Russian Federation, the subjects of state power and municipalities. If an individual acts in this capacity, then it must be older than eighteen years, since the will of the person (up to eighteen years of age) will be executed by the will of his legal representative, and after all, transactions can be concluded only with the consent of his parents.

Who can be represented?

Most often this is an ordinary person. Modern realities dictate their demands also to it. If the representative's authority is formed according to the current legislation, and from the subject of committing any legally significant actions is not required, they can be any person who has legal capacity.

In particular, when legal relations are formed as a result of some actions of the represented person, he must necessarily have full legal personality, that is, both legal capacity and legal capacity. Since the legislation and regulations do not specify otherwise, persons from fourteen to eighteen years may well delegate certain powers. Such a minor may even issue a power of attorney, but only with the consent of his legal representatives (parents). This requirement does not apply to cases of issuing a power of attorney for committing legally significant actions directly provided for by legislative acts.

Types of representation

Today, several types of this kind of relationship are distinguished in civil law.

First, this is a voluntary representation, which is based on an agreement between two persons. A distinctive feature of this type is the voluntary will of the subjects. That is, one side wants to entrust certain powers to the other side, and the other side is ready to accept them. To this type belong to today a simple power of attorney, as well as commercial representation. This species is most often found.

A completely different situation is legal representation, in which parties are appointed proceeding from the current legislation. In particular, parents are legal representatives of their underage (underage) children due to civil regulatory legal acts. In addition, it is also possible the emergence of this kind of legal relations and on the basis of individual orders of local authorities, municipalities. The military representation stands apart. It has its own specifics.

Commercial representation

Business also did not stay aloof. Under the commercial representative understand today in civil law a person who on a permanent basis independently carries out actions and makes decisions on behalf of and in the interests of entrepreneurs. What is the power? In concluding contracts on behalf of one person and in their interests.

Among other things, the said representative office is also allowed in other cases, if it is provided for by law. Nevertheless, the eligible subject must carry out activities and protect the interests of the party with the degree of care, with what kind of activity the person himself performs.

It should be noted that the commercial representative initially must bear all the costs associated with the performance of the activities of another person and the protection of his legitimate interests. Nevertheless, he may subsequently claim compensation for all losses incurred in connection with the exercise of rights and obligations.

This kind of representation is most often carried out on the basis of a multilateral agreement. In addition, the subject can act on the basis of a power of attorney. Strictly required is the written form of the contract and, accordingly, the power of attorney. The representative must necessarily keep secret the data and information that he received in the course of protecting the interests of another person. This is the law! As there is a commercial representation, the question, first of all, is about the secret of doing business. Some other provisions and conditions for such representation may be provided for by legislative and other regulatory and legal acts.

The meeting continues!

Today, the judicial representation is a highly specialized profile on the representation of the legitimate interests of a particular person in the investigation. Most often, the lawyer, who is endowed with all the relevant powers, is engaged in this. In general, this representation is the protection of the subject by competent people in the bodies of the judiciary. In some cases, it is mandatory.

The judicial representation begins with the examination of the materials of the case, the preparation of certain legal documents, a conversation with the person whose interests will be presented in the future, the development of a certain position held in the case. In order to get the most out of the case, the lawyer or other representative should be aware of all the nuances and information that could at least somehow influence the course of the investigation. Therefore, it is not recommended to hide something from your lawyer in court. It should be remembered that there is a concept of advocate secrecy, which is why you can trust your representative and be sure that information will not be known to third parties.

It is noteworthy that procedural legislation also provides options when simultaneously with the filing of a statement of claim it is also possible to file a legal document on securing claims by imposing restrictions on the debtor's property. Correctly formulated paper will help in the future, with a certain court decision, to recover the amount due from a person sooner.

If there is an economic dispute between the parties, the lawyer is simply necessary, because business cases are often extremely complex and multifaceted, they require an ideal knowledge of legislation and processes. Often, such processes are the struggle of two or more defenders for the interests of their clients.

The modern judicial system presupposes competitiveness of the parties, which is expressed not only in presenting certain evidence in the case, but also in the speaker's skill of the representative, his ability to convince, articulate his thought, the ability to present in a favorable light the position of his client. After all, it is not the lawyer who is worthy of truth, but that person in court who, through his ardent speech and adequate position, will be able to convince other participants of his rightness.

Since ancient times speech of the defender was especially appreciated. The history knows cases when the lawyer could solve the problems of his client, on whose side and the truth was not there, only uttering a fiery monologue full of references to history, law, morality and morality. Today, all of the above has not lost its relevance, because the ability to convince the court of its own right is a great thing. If a citizen entering into any process simply does not possess oratory skills, he should always be concerned with finding an excellent lawyer, finding the person who can defend human rights, protect him from arbitrariness and illegal actions of other persons. In this case, representation is a necessity. And the person who will perform the subsequent protection in court, it is necessary to choose carefully, according to the recommendations of those who previously faced with one or another defender. Usually do so.

Today, representation in the court is especially developed, since it is often possible to defend its legitimate interests only in the judiciary. With the right approach, the winnings are secured.

Features of military representation

There are other definitions of the term. Modern military representation (formerly the Representative Office of the customer) is expressed in a separate structure of the Ministry of Defense of the Russian Federation. It was created to oversee the quality and manipulation of relevant products in government organizations. This is an important detail. As for the very concept of military products, it usually refers here to items produced for defense interests, related services, as well as everything produced at military enterprises.

The activities of such a representative office and other control bodies must comply with the relevant Regulations of the Ministry of Defense of the Russian Federation. In addition, there are a number of other regulatory and legal acts related to the regulation of activities in this area. There are a lot of them. The management of the military mission is currently carried out by the Ministry of Defense of the Russian Federation through specialized departments. This is a complex structure.

If such structures are not created in the structure, the Ministry of Defense is trying to send special representatives there who will subsequently control the corresponding products. It should be noted that these persons are covered by all the rights and duties that are inherent in ordinary military plenipotentiaries.

Features of diplomatic missions

The term may acquire a different meaning. Diplomatic representation is a specific body of the accrediting state, which is created in the territory of the host country with the aim of organizing normal political relations. It should be noted that these structures are created by mutual agreement of the parties, which is expressed in the form of a joint communiqué. Before that, the two states must agree on cooperation. For this purpose there is a representation of the Ministry of Foreign Affairs.

It is noteworthy that international law provides for a specific classification of such structures, depending on their nature. So, the embassies belong to the highest level. This is the main link of the chain. As a rule, these diplomatic missions are headed by the ambassador. This is usually referred to as the Vatican.

The second type of missions are missions led by extraordinary and plenipotentiary envoys.

There are other official political structures with a specific status.

It should be noted that all diplomatic missions have certain privileges and immunities. That is, these entities have a number of powers that are not available to other organizations.

In the state of the diplomatic mission, usually there are managers, administrative and technical and maintenance personnel. Of course, the "destinies of the world" are in the hands of the heads of the formations. Usually diplomatic personnel are those who have a high status in their homeland, who have undergone special training in accordance with the regulations of their country and have certain privileges. Today the head of the representative office has a significant influence, it is the head that determines the political relations of the countries, their opportunity for joint development. As a rule, ambassadors, envoys, advisers are included here. The rank of a diplomat is a lifelong privilege and an honorable post for life. Among other things, trade representatives, military attachés and other persons with special knowledge, privileges and immunities generally belong to this category of persons. As for administrative and technical personnel, it includes clerical workers, clerks, secretaries and others who perform purely technical functions. As for the service, everything here is quite simple and transparent. These are doctors, cooks, cleaners, drivers and other people who do not perform any official representation functions, but are responsible for ensuring uninterrupted and correct operation purely in terms of technology. These people are responsible for the realization of the material side.

How to open an office?

It should be noted that in the territory of another state one can also develop its activities by creating a foreign representative office if new markets are needed or a significant expansion of the range of potential clients. At the same time, the education created on the territory of another country can regulate the issues of marketing research, work out business contacts, seek new partners, develop public relations, regulate the activities of the enterprises under control in the field, and address important issues related to the day-to-day work of the organization. A foreign state is always a development and profit prospect. In addition, it is possible to create separate entities not only in the territory of another country, but also in the domestic market. In this case, we are talking about regional representations. They significantly increase the level of development of the organization. True, opening a representative office is an important step, which must be approached adequately. It is necessary to analyze the market as a whole, before creating a new education. To date, official representation is an opportunity to start the policy in another direction, to implement something new based on the old one.

Today, the main advantages of creating a foreign office include the ability to manage your organization and its structural units directly on the spot, react promptly to all changes that occur in the country's market, receive timely information about economic processes in order to further earn significant profits.

In order to build such an education in the territory of another state, it is first of all necessary to carefully study its current legislation with all the nuances and "pitfalls". Today, the representation of the company significantly enhances its importance on the domestic market, it allows us to establish radically new relations, contacts, expand our sphere of influence. But this is a new scale of activity, other horizons for the development of the company, an increase in its authority.

So, today the creation of representation is the most effective lever of influence on economic policy and processes in another country. By the way, not only our people are trying to conquer all new territories and to involve other states in their own culture. Foreign citizens, officials and companies are also interested in domestic sales markets, try to maximally expand them and interest our consumers. That is why the creation of representation in Russia in general and in the capital in particular has now become not just fashionable, but necessary to ensure coherent work. It is beneficial to all. Today, the representation of a foreign organization on the domestic territory is not only a new kind of competition, it is also a powerful impetus to the development of the domestic market. The capital plays a special role here. The most successful world leaders in the market are trying to create their own representation in Moscow.

In the market, it is also possible to create other entities that contribute to the successful growth of competitiveness. For example, the branches of the mission are primarily aimed at supporting the development of the head office. It is a network of fairly small structures throughout the country.

Summary

Thus, the very term "representation" has several meanings. And they share one property - the delegation of their powers to another. As for the transfer of part of their rights and duties, this is undoubtedly correct, because only specially trained people can adequately protect their interests, work out a position, envisage all possible consequences of one or another step, expand spheres of influence, consider options and ways.