Court representative 2021

Aug, 17 2021

Contents:

The legislation guarantees every citizen of the Russian Federation the right to participate in the judicial process, this can be done personally or through a representative. This is regulated in detail in the rules of arbitration procedural law.

Requirements for a citizen’s representative in court

Both a qualified lawyer (lawyer) and another person providing legal assistance services can represent the interests of a person in an arbitration court, if the following criteria are met:

  • the presence of a completed higher education in the specialty of jurisprudence;
  • the presence of a confirmed scientific degree in one of the legal disciplines.

Separately, the law stipulates the circle of persons who cannot represent individuals and legal entities in the framework of the arbitration process:

  • Current Federal judges and assistant judges;
  • Investigators;
  • arbitration assessors;
  • Prosecutors;
  • persons working in the judicial apparatus.

The above-mentioned persons may act in the judicial process only as representatives of the relevant State bodies.

Possibilities of a representative in court

The representative person performs any actions within the framework of the judicial process on behalf of his client. However, the arbitration procedure legislation separately identifies a list of those actions, the implementation of which requires direct regulation in a document that gives the right to defend the interests of the client in court:

  • signing and withdrawing a statement of claim, as well as statements of enforcement of claims;
  • transfer of the case to the arbitration court;
  • recognition of claims, as well as full or partial; rejection of previously stated claims;
  • changing the subject of the claim or its grounds;
  • conclusion of a settlement agreement between the parties to the process.

As a rule, to obtain the right to appear in court on behalf of the client, it is enough to issue a power of attorney. In addition, the representative is obliged to present documentation confirming that he has the appropriate qualifications (higher legal education and an academic degree in a legal discipline).

It is important that this rule does not affect lawyers who are professionally engaged in the practice of law, they only need to provide a lawyer’s certificate to participate in the meeting as a representative. Their powers are guaranteed by a special order issued by a lawyer’s education.

The competence of the heads of organizations should be supported by documentation confirming their status and the fact that they have been given the appropriate powers.

The powers of legal representatives of minors in the judicial process are also confirmed by the presentation of relevant documents. So, in order to protect the interests of a minor in court, parents must provide a birth certificate of the child.

Changes in the field of judicial representation

The main change of 2021 in the field of judicial representation is the prohibition of lawyers who were previously deprived of their lawyer status to act as representatives at a court hearing.

The law also lists the following grounds for deprivation of legal status:

  • the entry into legal force of the court’s verdict on the recognition of a lawyer guilty of committing an intentional crime;
  • non-fulfillment or unfair fulfillment of assumed obligations;
  • non-compliance with the norms of lawyer ethics;
  • disclosure or misuse of information related to the provision of representative office services.

Amendments to the relevant documentation on judicial representation entered into force on March 1, 2021.

Author of the article
Court representative 2021
Valentina Khlavich
Managing Partner
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