LawState and Law

What is the basis of the judicial representation?

Judicial representation is of great importance in the modern judicial system. According to the current legislation, in civil affairs people's interests can be represented by practically any capable person. Should a lawyer have a legal education? Even it has absolutely no significance here.

Types of judicial representation

It can be orderly or contractual. Also, in certain cases, it may be mandatory. When is this the case? For example, when one of the parties is an incompetent or a minor citizen. The duty to represent the interests of these persons rests with guardians, parents or trustees. In this case, the so-called legal representative will participate in the case. An interesting fact is that he can delegate represent the interests of the incapacitated or the minor to another person.

As we have already said, restrictions on representation in civil law are the most minimal (the incompetent and some other persons can not represent the interests of the trustees). With all this, one should clearly understand the fact that it is only a person who has experience of participation in court cases and a good legal education who can correctly state the position and win the case in most cases.

The judicial representation is widespread, as it is as accessible as possible. It is important, by the way, to know that the principal can freely attend court sessions in which his interests are represented by someone else. In general, his presence does not matter.

How to apply for a judicial representation? Here is the question to be disassembled very carefully. The point is that you need a power of attorney. In previous years it was also necessary to notarize it . What has changed now? Now it is made much simpler: the client certifies and signs it, and a certain organization assures that this document is signed. What kind of organization? According to the CCP, it can be reassured at the place of work or study, in the HOA, and so on. In fact, there are plenty of options. If none of them is suitable, then go to the notary. The standard cost of the service is one thousand rubles.

Is it possible to have a judicial representation without a power of attorney? Yes, it is possible. It is necessary simply that the plaintiff or the defendant during the meeting make an oral petition, which in the future will be recorded in the protocol. Everything is simple simple!

Will the judicial representation be expensive? It all depends on the qualifications of the representative chosen by you. The cost of this kind of services can be prohibitive, but the winning party can demand that the loser not only satisfy the basic claims, but also fully reimburse the expenses for the representative. In principle, if you do everything right, you will not have to spend money at all. The main thing is that the matter has been decided in your favor. Note also that the court has the right to cut the cost of representative services.

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