For the successful conduct of cases in the court you need to know the laws, understand the formalities of the proceedings, as well as be able to intelligently and intelligently formulate your thoughts. Far from everyone has such knowledge and qualities, therefore it often happens that personal conduct of their court cases causes some inconvenience.
Fortunately, there are many companies and even entire bodies offering their legal services , which allows you to put some of the procedural actions on the shoulders of a highly qualified specialist who will fully assist you in resolving your issue.
According to the Civil Procedure Code, representation in the arbitral tribunal may be held by quite a wide range of persons, including: lawyers, authorized organizations authorized by prof. Unions, one of the accomplices, as well as other persons admitted by the court to the representation. However, the law does not insure anyone from unsuccessful choice and before entrusting to someone that representation in court it is necessary to think more than once, because the person you have chosen simply can not simply have the necessary knowledge.
In some cases, the current legislation allows in a civil case to appoint a lawyer for the following persons:
1) Respondents whose place of residence is not known
2) Persons with legal capacity who received mental health care.
3) To low-income participants in the process.
In the presence of each of these factors, the court must provide you with qualified legal services and guarantee a fair trial.
It is also worth noting that the representative in court can not be persons who have not reached the age of 18, prosecutors and investigators, judges.
Representation in court can be divided into several types. They are divided according to certain legal factors. Generalized representation can be divided into contractual, which is based on the contract of the represented and the representative, and on representation based on other grounds.
The contractual representation, otherwise it can also be called voluntary, is based on an agreement between the two parties and is governed by articles 971 - 979, 1005 - 1011 CC.
In court, lawyers can act as representatives of both citizens and legal entities, so it should be noted that the representation can be based on the employment contract between the representative and the legal entity and in this case it will be carried out by a permanent employee.
Representation on the basis of provisions, statutes and on the basis of other special grounds exists for the protection of legitimate interests and rights:
- individual bodies of jur. Persons who participate in the case as a third person.
- higher-level organizations of lower-level;
- public organizations, carried out by trade unions, creative unions and other public associations;
- organizations, on the basis of separate laws
In the civil proceedings, the legal entity through the bodies established by the statute or by law. The body of the legal entity in court can conduct business directly in the event that it is one-sided. In this case, it acts without a power of attorney and on behalf of the enterprise.
Public representation consists in the fact that public organizations and trade unions organize specialized legal consultations. In some cases, representation is established due to the fact that citizens are deprived or do not have procedural and civil legal capacity. As an example, representation of citizens under the age of 14 years.
Citizens from 14 to 18 years have partial legal capacity, that is, they can act independently in court, but at the request of the court, parents, adoptive parents or trustees may be involved in the process.