Federal Law No. 63 defines the main aspectsactivities 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. General powers of a lawyer are defined in the 6th article. Consider them.
Features of the activity
Lawyers provide a qualified legalassistance 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
Powers of the lawyer in court are established by codes depending on the typeproduction. 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. In other cases the powers of counsel are certified notarized by 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 for the provision of legal assistance. He may, 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. AT authority of a lawyer a survey of persons suspected of havinginformation related 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 established 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. AT authority of a lawyer registration of information contained inmaterials of production, including with the use of technical means. In this case, the defender is obliged to observe state or other protected secrets. The powers of the lawyer may include other actions that do not contradict the legal norms.
Issue of paper
The procedure for registration of the powers is defined in Article 55 of the Civil Code.According to the norm, documents provided to citizens are certified by a notary or in an organization in which the subject is assisted or assisted, by the housing maintenance station at the place of his residence, by the management of the social security institution, the inpatient medical institution in which he resides, the commander parts. In places of imprisonment it is also possible to certify the papers establishing powers of counsel. Power of Attorney в таких случаях утверждаются начальником 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 powersattorney are confirmed by a special warrant. It is issued by the relevant 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 a power of attorney is present in the 185tharticle GC. 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 is not defined in the document, 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. For this, the relevant law 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 transfer 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 is 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 delegation is no longer than the period established for the power of attorney on the basis of which it was issued.
Termination of legal relations
Procedural powers of a lawyer can not be realized when:
- Expiration of the document, which establishes them.
- A certificate of power of attorney by the issuer.
- Refusal of the person to whom the document is submitted.
- Elimination of the organization on whose behalf the paper was issued.
- The death of the principal, the recognition of him completely / partially incompetent, as well as missing.
- The liquidation of the organization to which the power of attorney was issued.
- Death defender.
Classification of documents
The powers of a lawyer are certified:
- One-time paper. Such a document is issued to a person to participate in one proceeding in one instance.
- The common paper. Such a document allows you to represent the interests of a person in all disputes and all instances.
- Special paper. This power of attorney is granted to the subject for participation in one proceeding in all instances.
Restrictions
Counsel (representative), authority which, 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. In particular, some the powers of counsel are confirmed special clauses in the document. They include:
- The right to sign a claim.
- Making a claim to the authority.
- Transfer of the dispute to the arbitration court.
- Presentation of a counterclaim.
- Refusal of requirements (partial / full) or reduction of their size.
- Change of the basis or subject of the claim.
- Recognition of requirements.
- Signing of a settlement agreement.
- Transfer of authority to another person.
- Appeal against a decision or other resolution on the dispute.
- Presentation of the writ of execution.
- Receiving money or other property awarded on the basis of a claim.
Standards GIC
They determine the order according to which the powers of a lawyer in a civil procedure. In the norms, special attention is paid to the regulation of duties and rights of defenders. Powers of a lawyer in civil matters are implemented by a person who meets a number of requirements. In particular, the subject:
- Performs relevant activities as a professional lawyer. He must have sufficient knowledge and experience.
- Clearly understands its functions in a particular case and in the process as a whole.
- Has at its disposal a wide arsenal of measures, methods and means established by the norms for the performance of its tasks and duties.
- Is well aware of the amount and type of responsibility for the effectiveness, timeliness and quality of their work on behalf of the participant or third parties in production.
According to Article 35 of the Civil Procedure Code (Clause 1) authority of a lawyer should be implemented in good faith.
The provisions of the agroindustrial complex
They regulate powers of a lawyer in arbitration proceedings, as well as the procedure for their implementation and responsibilitysubject. 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 agro-industrial complex and the introduction of additions to Federal Law No. 63. These normative acts have not fundamentally changed powers of counsel. Law as close as possible to their competencehas a defense counsel in the proceedings regulated by the Code of Civil Procedure. This circumstance determines one important nuance. The powers of a lawyer are derived from the duties and rights of the subject in whose interests he acts. Accordingly, he cannot go beyond the competence designated by the defendant. However, the implementation of the powers of a lawyer in the arbitration process is based on a number of principles. These include primarily the competitiveness and equality of the parties to the dispute. The implementation of these principles provides the opportunity for the defenders of both parties on the same grounds to enter into production. This is especially important when presenting arguments and justifying them in the interests of principals.
Subject composition
The rules of the agro-industrial complex provides for severalcategories of persons who are entitled to speak 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 individuals, individual entrepreneurs, including. Other rules are provided for disputes involving organizations. Their representatives can be bodies functioning according to the norms of law, constituent documents, and also lawyers. Thus, defenders act as one of the categories of subjects vested with the right to act in the interests of the organization in a dispute.
Features of proof
When representing the interests of individuals, a lawyer shouldtake into account the requirements and rules established in the APC. The specifics of the advocate's activities are related to the order of gathering, presentation and evaluation of evidence. Details on this issue are stated in Article 64 of the AIC. The norm states that things, documents, explanations of citizens involved in the proceedings, expert opinions, testimony, video and audio recordings and other materials can act as evidence. The list provided for in the article indicates that priority is given to written substantiations. This, in turn, means that the lawyer of the applicant in the process of developing a speech plan must substantiate the arguments with documents. In this case, the defender must take into account that, according to the requirements of the AIC, the evidence of each of the parties discloses before the start of the meeting. The corresponding prescription is contained in Article 65 of the Code. In practice, this requirement is implemented as follows. In preparation for the trial, the plaintiff’s defender, when submitting a statement to the defendant, attaches evidence to it or informs that documents are available in another acceptable way. A similar rule applies to the lawyers of the other party. When sending a response to a lawsuit, the defender of the defendant also attaches documents justifying the objections, as well as papers proving that their copies and applications were sent to the claimant and other entities involved in the proceedings. Article 65 also stipulates that persons may refer exclusively to evidence that was obtained by other parties in advance.
Conscientiousness
Lawyers representing the interests of the partiesproceedings, should be taken into account and other features of production. They must use their capabilities provided for in the codes solely in the interests of the persons on whose behalf they act. Abuse of authority may have adverse consequences for the principal. This applies in particular to the application of the rules governing the enforcement of a claim. In the process of appealing against decisions, a 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 fact is that a lawyer is not an independent participant in the process. Accordingly, he has no right to file complaints on his own behalf.
Additional Features
In the business sphere, in addition to representing the interests of individuals, a lawyer is entitled to provide other types of assistance. In particular, it may:
- To conduct claim work.
- Assist in the field of contract law.In particular, we are talking about support of transactions (preparation of agreements, advising on their execution, registration, participation in pre-contractual disputes, as well as proceedings related to the conclusion, execution and termination of contracts).
- Assist in corporate law. In particular, a lawyer may accompany the process of creating an organization.
- To act in the interests of the subject in tax disputes.
- Represent the principal in local and state power structures.
- Assist in personnel matters.
The activities of lawyers in the business sphere are often based on the subscriber services of the person represented.
Administrative law
Lawyers act as part of the proceedings inas representatives and advocates. Differentiation of status is carried out in accordance with Art. 25.5 Code of Administrative Offenses According to the norm, for the provision of legal assistance to a subject in respect of which administrative proceedings have been initiated, a defender may participate in the proceedings, and a representative may be involved in providing legal services. Any citizen may act as such person. This means that the advocate / representative may not be a lawyer.
Prohibitions
A lawyer does not have the right to receive a commission from a subject who asked him for help if it has a knowingly illegal character, and also if a defender:
- Has an independent interest in the subject of the agreement, different from the wishes of the principal.
- Participated in the proceedings in the status of a judge (arbitrator including), arbitrator, prosecutor, mediator, inquirer / investigator, translator, expert, specialist.
- Is a victim or a witness, an employee, whose competence was to make a decision that satisfies the interests of the person who applied for assistance.
- It is in family, kinship relations with officials who conducted or participate in the examination or investigation of the case.
- Provides legal assistance to a subject whose interests are not consistent with the wishes of the citizen who applied.
Защитнику запрещается занимать позицию в production, contrary to the will of the person on whose behalf he acts. The exception is made by situations when the lawyer is sure of the presence of self-incrimination of the represented entity. The defender cannot publicly declare the guilt of the person in whose interests he acts, if he denies it. The lawyer is prohibited to disclose information that was communicated to him in the framework of the provision of legal assistance to the client, without the consent of the latter. The co-operation of defense counsel with law enforcement agencies conducting operational investigative work is not allowed. The attorney does not have the right to refuse from the authority already assumed.
