On the basis of a power of attorney to represent interests in court, the attorney will be able to represent the interests of the principal in judicial authorities. You can download a sample of such a power of attorney below.

A power of attorney is drawn up on behalf of the principal - a person who transfers the right to represent his interests in courts: arbitration, peace, arbitration, etc. The principal is a specific person, individual entrepreneur or legal entity(organization). The principal transfers the right to represent interests in court to an individual who is called an attorney. In this case, the person must have legal capacity and be an adult (at least 18 years old).

The power of attorney form for the court must be notarized if it is executed on behalf of individual. If the power of attorney is issued by an organization, then the manager’s signature and seal are sufficient.

Note! We also offer you to download samples of drawing up a power of attorney for a bank - download. to the Pension Fund of Russia - download a sample. in the FSS - download a sample. to the Federal Tax Service - download, to Sberbank - download.

How to draw up a power of attorney to represent interests in court?

The form must indicate the date of registration, as well as the place of preparation.

These details must be present on the document; without them, it will lose its legal force.

The main text of the power of attorney contains information about the principal, attorney, and powers.

For the principal of an individual, you must indicate the full name, year of birth, name of the identification document, its number, series, by whom and when it was issued. The address of the place of residence is also indicated, which must be documented.

For the principal of the organization, the name of the organization, OGRN, legal address, full name and position of the manager, on the basis of which it acts.

For an authorized person, you must indicate your full name, year of birth, information about your passport or other identification document, and registration address.

The list of powers transferred by the principal to the attorney must include all those actions that the attorney can perform while representing the interests of the principal in various courts.

In the power of attorney form, you can indicate the date until which the form will be valid, or you may not indicate it. If the validity period is not specified in the power of attorney, then the attorney will be able to represent the interests of the principal in court within a year.

Download a sample power of attorney to represent interests in court - link.

Application for admission of a representative

Sample petition for admission of a representative to participate in the consideration of a civil case.

Persons participating in the case have the right to have representatives in civil proceedings. Such a representative can be any person who is entrusted to perform relevant actions on behalf of the principal.

The powers of a lawyer participating in a case as a representative are usually confirmed by a warrant. The powers of other persons can be confirmed by a power of attorney, either certified by a notary or executed in simple written form. In addition, the authority of the representative can be confirmed orally, with this petition recorded in the minutes of the court session, or the proposed petition can be drawn up in writing and attached to the case file.

The extent of the powers available to him depends on how the powers of the representative are formalized. The widest range of powers can be vested in a representative by issuing an appropriate power of attorney. A power of attorney from citizens must be certified by a notary, or by an organization or person, the list of which is given in Article 53 of the Civil Procedure Code of the Russian Federation.

The authority of the representative to sign the claim, submit an application to the court, or waive the claim. change of claim. conclusion of a settlement agreement. appeals against court decisions and rulings, receipt of money or other property, in accordance with Article 54 of the Civil Procedure Code of the Russian Federation, must be specifically stipulated in the power of attorney.

Typically, a written request for admission of a representative is also drawn up in the case where the applicant himself participates in the case simultaneously with the representative. In this case, the person participating in the case himself exercises all procedural rights, using the assistance of a representative for the purpose of providing consulting services.

There are no special requirements for filing an application for admission of a representative, but to avoid its misinterpretation, we recommend using general rules drawing up statements of claim in court.

IN _________________________

(name of court)

From _________________________________

(full name, address)

in civil case No. _____

STATEMENT

about the admission of a representative

The court has a civil case pending against _________ (full name of the plaintiff) against _________ (full name of the defendant).

In order to exercise the rights and legitimate interests granted to me by the Civil Procedure Code of the Russian Federation, I inform the court of my desire to use the services of a representative in this case, who will represent my interests upon a written application during the entire trial.

Based on the above, guided by Article 53 of the Civil Procedure Code of the Russian Federation,

Allow ________ (full name of the representative) to participate in the case as my representative.

Date of application ___ _________ ____ Signature _______

Download a sample application:

Application for admission of a representative (14.5 KiB, 4,167 hits)

Samples of petitions to the court in civil disputes

We offer best samples petitions to the court in civil disputes.

Statements or petitions, which are essentially the same thing, can be made simultaneously with the filing of a claim, during the consideration of the case in court, after a decision is made, or during the execution of a court order. Persons participating in the consideration of the case have the right to file a petition in civil proceedings, usually plaintiffs, defendants, third or interested parties, and representatives of the parties.

The Civil Procedure Code of the Russian Federation establishes the same procedure for resolving petitions by a magistrate and district court judges. For each application, a decision is made to satisfy or deny the requirements. Typically, a court decision is taken in the form of a ruling, but in simple matters, when the applicant’s demands are satisfied, the judge can simply put a resolution on the received application. Court rulings are subject to appeal in cases established by law; for more details, see the article Appealing court rulings.

If the question arises: How to correctly write a petition to a judge? We recommend that you take the samples provided as a basis, describe your situation in detail, clearly state the existing requirements, and, if necessary, attach supporting documents.

The law allows for the submission of written and oral (in court hearings) applications. However, it is better to submit petitions addressed to the court in writing. In this case, it would be correct to submit the petition in person, through the court office. Your copy will be marked as accepted. You can send documents by mail by registered mail, in this case we recommend making an inventory of the attachment.

Most samples are divided into appropriate categories:

Reinstatement of the deadline - here are collected statements to the court on issues of missing and reinstating the deadlines established by law. This is the deadline limitation period, the deadline for filing a complaint with the court to appeal actions, the deadline for filing labor disputes, the deadline for filing complaints against court decisions, legal expenses - here are petitions to the court on issues of state duties and others necessary expenses petitions during execution - collected petitions that are submitted to the court after the decision enters into legal force and the beginning of its execution. petitions for examinations - statements regarding appointment issues are presented forensic examinations.

The rest, numerous, but not having their own category, can be found in the general section of Petitions.

For ease of use of our service, we recommend using the search located at the top right of our website. You just need to enter any word that should contain required document. By opening the required form, you can download sample applications in Microsoft .doc format

This is interesting: Practicing lawyers often have a question: where to put the emphasis in the word petition. According to the rules of the Russian language, in this word the emphasis is placed on the first letter a: hoAtaystvo.

Agreements and statements

Sample applications

21.11.2012 |

An application to the court is a requirement from the court to resolve this or that conflict! Equally important is the evidence base that will help resolve your issue in your favor. Each word specified in your requirement has a role. It even depends on whether the court will accept your application for consideration or not!!

A very important component for the successful resolution of a case are those statements that are written during the consideration of the case on the merits. It is very important to express your requirements and comments in a timely and clear manner! The outcome of your case depends on whether a witness is heard on time or evidence is requested. This section contains only a small portion of those statements that are used by lawyers and attorneys. This section is intended to show what statements exist and how to make them.

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Sample applications for civil cases:

only for residents of Moscow and MO "Legal Center "Verdict"

lawyer on the website Morozov V.Yu.

lawyer on the website Skuratovsky A.S.

lawyer on the website Danshov I.I.

lawyer on the website Pautina E.Yu.

lawyer on the website Matveeva T.G.

lawyer on the website Ershov D.S.

lawyer on the website Fedorovskaya N.R.

lawyer on the website Ulyanova E.V.

lawyer on the website Shelakhaeva I.F.

lawyer on the website Semenov A.F.

lawyer on the website Ermolaev Yu.V.

lawyer on the website Quintero D.A.

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The topic of representation at the request of the principal is still not covered in the decisions of the Plenum Supreme Court RF and is almost not reflected in published research. As a result, in practice, courts not only imagine the relevant procedure differently, but also evaluate the possibility of the very existence of such representation differently. The author proposes to supplement the Code of Civil Procedure of the Russian Federation with provisions regulating the procedure for filing an application for representation, the mechanism for considering such an application, and the question of the validity of the powers of the party’s representative on the application.

The current civil procedural legislation provides for the possibility of conducting cases in courts of general jurisdiction through representatives.

The fundamental rule on judicial representation is contained in Part 1 of Art. 48 of the Civil Procedure Code (Civil Procedure Code) of the Russian Federation, according to which citizens have the right to conduct their cases in court in person or through representatives. At the same time, a citizen’s personal participation in the process does not deprive him of the right to have a representative in the case.

In legal literature recent years Much attention is paid to judicial representation, in particular, to the questions of who can be a representative, what rights and responsibilities a representative is given, and how his work should be paid. Research also touches on the issue of the procedure for registering the powers of a representative, but mainly considers traditional ways- such as the issuance of a power of attorney, the provision of a representative warrant by a lawyer. Meanwhile, it is possible to formalize the powers of a representative in civil proceedings in another way - through a statement of the principal made in court.

The last option for formalizing the powers of a representative has been little studied, and this seems to be one of the reasons that in the theory of procedural law and judicial practice there are different opinions regarding the procedure for formalizing and the powers that such representation gives to a judicial representative.

As stated in Part 6 of Art. 53 of the Code of Civil Procedure of the Russian Federation, the powers of the representative can be determined in an oral statement recorded in the minutes of the court session, or in a written statement of the principal in court.

However, according to one approach, a representative can be vested with special powers only through the execution of a power of attorney. This means that the representative who received authority at the request of the principal in accordance with Part 6 of Art. 53 of the Code of Civil Procedure of the Russian Federation, acquires only general powers, while the exercise of administrative (special) powers requires a power of attorney issued by the represented person.

This position is apparently based on Art. 54 of the Code of Civil Procedure of the Russian Federation, which talks about a number of special powers, regarding which a special clause must be contained in the power of attorney issued by the represented person. However, when formulating their statement, the authors did not take into account the provisions of Parts 1 and 6 of Art. 53 Code of Civil Procedure of the Russian Federation, which lists various ways registration of powers judicial representative: "1. The powers of the representative must be expressed in a power of attorney issued and executed in accordance with the law. ... 6. The powers of the representative can also be determined in an oral statement recorded in the minutes of the court session, or a written statement of the principal in court" (italics mine - L.R.). As we see, the legislator, using the preposition “also,” does not distinguish between a power of attorney and a statement by the principal. In other words, a statement by the principal in court, made in the proper form (oral and recorded in the minutes of the court session or written) and accepted by the court, is equal in its legal significance to a power of attorney executed in the prescribed manner. Such a statement indicates all the powers that the principal wished to grant to his representative, including special ones. This point of view is supported in the literature.

Oral statements by a party about the admission of its representative to the court have previously served as a way to formalize the powers of the representative in court, which was rightly regarded by scientists as an actual power of attorney. So, E.V. Salogubova, in relation to the previous Code of Civil Procedure of the Russian Federation, argued that the powers of a representative can be formalized by an oral statement of the person he represents, recorded in the minutes of the court session, and “an oral statement of a party by its nature is no different from the issuance of a written power of attorney, in both cases we're talking about on the will of the person represented to vest another person with the powers of a representative.”

It seems that this approach should become the main one in judicial practice for a number of reasons. Firstly, the legislator, speaking about a power of attorney as the main document through which the powers of a judicial representative are formalized, put on a par with it a statement made in court, written or oral. Secondly, this way of formalizing the powers of a representative is the most democratic, simple, and accessible to every citizen. Thirdly, submitting to the court an appropriate application for admission to a representative to participate in the case, indicating his corresponding powers, makes it possible to easily exercise the party’s right to freely choose a representative and vest him with powers at his own discretion. Fourthly, one cannot fail to take into account the fact that this option for registering the powers of a representative is the least expensive; its use facilitates access to judicial protection for citizens who wish to have a representative, but do not have sufficient in cash for execution of a notarized power of attorney.

Some authors write that this procedure leaves a “loophole” for persons whose level of legal literacy does not guarantee qualified legal assistance to enter the process, and propose transferring the functions of representatives in civil cases exclusively to lawyers. But such concern is dictated, it seems to us, only by the protection of the corporate interests of the legal community. In addition, the legislator does not define anywhere that the purpose of the participation of a representative in a civil process is to provide the client with legal assistance. Perhaps the principal to a greater extent needs psychological support. Constitutional Court The Russian Federation, in Resolution No. 2-P of January 28, 1997, rightly noted that not only lawyers, but also other persons can act as representatives, while the law does not require the latter to have a legal education or any professional knowledge and experience. Nevertheless, there are still cases when the court unreasonably does not allow a person authorized to represent a representative at the request of a party to participate in a case as a representative due to his lack of legal education and power of attorney.

The word "statement" means official message verbally or in writing, a written request for something. That is, an application addressed to the court and containing a list of powers of a representative of a person participating in the case must also contain a request for admission of this person to participate in the case as a representative. Such an application must be considered in the manner established for the consideration of petitions, since the Code of Civil Procedure of the Russian Federation does not provide for any other procedure for this case. The specified procedure is established in Art. 166 of the Code of Civil Procedure of the Russian Federation, according to which “petitions of persons participating in the case on issues related to the proceedings of the case are resolved on the basis of court rulings after hearing the opinions of other persons participating in the case.” Since representatives most often appear at the stage of preparing a civil case for trial, this order may well be used in a preliminary court hearing.

Based on the results of consideration of the application, the judge is obliged to make a ruling. The legislator does not name the type of determination, but judicial practice follows the path of issuing a determination in the so-called protocol form, i.e. with its entry into the minutes of the court session.

It appears that the court does not have the right to refuse admission to participation in the case of a representative named in an oral or written statement of the principal in court, unless the representative is one of the persons who cannot be representatives in court. In connection with the above, the submitted application itself may not have a petitionary, but a notification nature. The task of the court is reduced only to its consideration and making a decision on the admission or refusal to admit a specific representative to participate in the case.

There are known cases when judges, having satisfied a party’s written application at the first court hearing to allow its representative to participate in the case, after adjourning the case at a new court session, again demand that a similar application be submitted. At the same time, they refer to the fact that the application is not a power of attorney, which is valid until the end of the procedure for considering the case, therefore the relevance of such a statement must be confirmed each time by a new personal expression of will of the party.

The judge who heard the civil case in the Zheleznodorozhny District Court of Ulyanovsk and, at the written request of the plaintiff, admitted her representative to the first court hearing, at the next court session demanded from the representative, who appeared in court without the plaintiff with her application to consider the case in her absence, a power of attorney for conducting business.

Such cases prove that judges are distrustful of the analyzed method of formalizing the powers of a representative in court, consider it defective and valid only with the personal participation of the principal (this is, apparently, how judges understand the indication that the principal’s statement is made “in court” ).

It is difficult to agree with this approach.

The Code of Civil Procedure of the Russian Federation does not provide for the “resumption” of representation, issued at the request of the principal, at each court hearing. We believe that once a party has expressed a desire to entrust the conduct of the case to its representative, expressed in the proper form and accepted by the court, the representative has the right to participate in the consideration of the case throughout its entire duration without performing additional formalities. Such a statement is valid until it is canceled by the principal, and the principal must make a statement to the court about the cancellation of the powers of the representative in the same form in which he vested his representative with the corresponding powers. In addition, like a power of attorney, a statement of representation gives the representative the right to participate in a court hearing on behalf of the represented party, both in her presence and in her absence. Therefore, those judges who do not make a distinction between a statement of representation made in court orally or in writing and a power of attorney valid throughout the entire process of the case are doing the right thing. There are also such examples in judicial practice.

Unfortunately, the legislator has not very clearly outlined the procedure for filing an application for representation in the Code of Civil Procedure of the Russian Federation (for example, how to understand the indication “... The powers of a representative can be determined... in a written statement of the principal in court”? This refers to the courthouse, court hearing or trial in the case?). The mechanism for considering the application is also not clear enough, as is the question of the validity of the powers of the representative of the party on the application during the entire process of the case. These legislative shortcomings have not been corrected by any clarification from the Plenum of the Supreme Court of the Russian Federation, which is why discrepancies arise in the interpretation and application of the rules on representation on the basis of a statement made in court by the principal.

Meanwhile, it is necessary to clearly regulate the procedure for granting powers to a representative through an application by the principal in court. This would protect the interests of the principals, who, having once appeared in court and made a statement about vesting the powers of their representative in the case, are subsequently forced to participate in the process only in absentia, i.e. in conditions of territorial separation from the court. But this is especially true for cases when a citizen who does not have the physical ability to come to court even once, sends an application there for the admission of a representative to participate in the trial of his case. In such a case, the signature of the principal under such a statement could be certified by persons authorized to certify “judicial” powers of attorney (Part 2 of Article 53 of the Code of Civil Procedure of the Russian Federation). Proposals to vest the necessary powers of a representative in court in relation to trade unions have already been made, but this is just special case, which should receive general order status for all similar situations.

The inclusion of relevant provisions in the Code of Civil Procedure of the Russian Federation would eliminate the uncertainty that still remains in relation to judicial representation at the request of the principal in court, and would allow participants in the remote process in the best possible way exercise your procedural rights and fulfill procedural duties. In addition, this would help simplify legal proceedings and make it more accessible to citizens.

L.N. Rakitina,

Candidate of Law Sciences, Associate Professor of the Department of Civil Law and Process, Institute of Law and Civil Service, Ulyanovsk State University

Magistrate of the Moscow Region for

judicial district No. 35 I.I. Petrov

from Sergei Petrovich Frolov, registered

at place of residence at the address: Moscow region,

Serpukhov, st. Pravoberezhnaya, 73, apt. 57

Petition
about the admission of a defense lawyer

I, Sergey Petrovich Frolov, am the person against whom proceedings are being conducted in the case of administrative offense, provided for in Part 4 of Art. 12.15 Code of Administrative Offenses of the Russian Federation.

In accordance with Part 1 of Art. 25.1 of the Code of Administrative Offenses of the Russian Federation, a person against whom proceedings are being conducted for an administrative offense has the right to use the legal assistance of a defense attorney.

According to Part 2 of Art. 25.5 of the Code of Administrative Offenses of the Russian Federation, a lawyer or other person is allowed to participate in proceedings regarding an administrative offense as a defense attorney or representative. In accordance with Part 3 of Art. 25.5 of the Code of Administrative Offenses of the Russian Federation, the powers of a lawyer are certified by a warrant issued by the relevant legal entity. The powers of another person providing legal assistance are certified by a power of attorney issued in accordance with the law.

In accordance with paragraph 1 of Art. 185 of the Civil Code of the Russian Federation, a power of attorney is a written authority issued by one person to another person for representation before third parties.

In the Review of Legislation and judicial practice Supreme Court Russian Federation for the 4th quarter of 2008 (approved by decisions of the Presidium of the Supreme Court of the Russian Federation dated March 4 and March 25, 2009) it is said: “The norms of the Civil Code of the Russian Federation, which establish the procedure for issuing and registering a power of attorney, its validity period, grounds and consequences of termination, do not contain indications that a power of attorney for the right to participate in the consideration of a case, including an administrative offense, as a defense attorney requires mandatory notarization.” Further, in the Review of Legislation and Judicial Practice of the Supreme Court of the Russian Federation for the 4th quarter of 2008, it is said: “The question of whether the powers of a representative can be determined in an oral or written statement of the principal, stated in court, should be decided in relation to Part 6 of Art. 53 Code of Civil Procedure of the Russian Federation. Therefore, if a person brought to administrative responsibility makes an oral petition at a court hearing or provides the court with a written application to invite a representative to participate in a case of an administrative offense, then such a representative must be allowed to participate in a case of an administrative offense.”

In accordance with the above and on the basis of Art. Art. 24.4, 25.1, 25.5 Code of Administrative Offenses of the Russian Federation

Allow Nikolai Pavlovich Fedorov, registered at his place of residence at the address: Moscow region, Serpukhov, st., to participate in the case of an administrative offense as my defense lawyer. Severnaya, 54, apt. 35, passport: 0000 000000, issued 03/26/2009. Serpukhov Department of Internal Affairs of the Moscow Region (a written power of attorney in his name is attached).

The judge may require you to provide a notarized power of attorney in the name of the defense attorney. This is not legal. And if the defense attorney is not allowed to participate in the case using a simple handwritten power of attorney, then this will be the basis for appealing and canceling the judge’s decision in the case, because the judge will violate your right to have legal assistance from a defense attorney.

All names, addresses and other personal information are fictitious. When writing your application, please indicate the actual data you need. Leave the content of the petition as it is, only at the top instead of part 4 of Art. 12.15 of the Code of Administrative Offenses of the Russian Federation, indicate the part and article related to your case.

(See sample power of attorney)

ConsultantPlus: note.

From the date of commencement of activity cassation courts general jurisdiction and courts of appeal of general jurisdiction in the title of Art. 53 amendments are made (Federal Law

Code of Civil Procedure of the Russian Federation Article 53. Registration of powers of a representative

ConsultantPlus: note.

From the day the cassation courts of general jurisdiction and appellate courts of general jurisdiction began their activities in Part 1 of Art. 53 amendments are made (Federal Law dated November 28, 2018 N 451-FZ). See future edition.

1. The powers of the representative must be expressed in a power of attorney issued and executed in accordance with the law.

2. Powers of attorney issued by citizens can be certified by a notary or by the organization in which the principal works or studies, a homeowners’ association, a housing, housing-construction or other specialized consumer cooperative that manages apartment building, managing organization at the place of residence of the principal, administration of the organization social services, in which the principal is located, as well as the inpatient medical institution in which the principal is being treated, by the commander (chief) of the relevant military unit, formation, institution, military professional educational organization, military educational organization higher education, if powers of attorney are issued by military personnel, employees of this unit, formation, institution, military professional educational organization, military educational organization of higher education or members of their families. Powers of attorney of persons in places of deprivation of liberty are certified by the head of the corresponding place of deprivation of liberty.

3. A power of attorney on behalf of the organization is issued signed by its head or another person authorized to do so. constituent documents person, sealed by the seal of this organization (if there is a seal).

(see text in the previous edition)

ConsultantPlus: note.

From the day the cassation courts of general jurisdiction and appellate courts of general jurisdiction began their activities, Part 3 of Art. 53 is supplemented by a paragraph (Federal Law dated November 28, 2018 N 451-FZ). See future edition.

ConsultantPlus: note.

From the day the cassation courts of general jurisdiction and appellate courts of general jurisdiction began their activities, Part 4 of Art. 53 is stated in a new edition (FZ dated November 28, 2018 N 451-FZ). See future edition.

Sample application for admission of a representative, taking into account the latest changes in the legislation of the Russian Federation.

The participation in a case of a qualified lawyer or another citizen who understands the law has long become the norm in our time, since an ordinary citizen is not required to understand all the intricacies of the civil process.

Inviting a representative is possible both when filing a claim and during a court hearing. In the first case, the question about the representative is indicated in statement of claim. In the second case, it is necessary to submit a special petition. There are no problems in writing it, and you can use the document below as a sample.

The application must indicate who exactly the citizen intends to invite as his representative. The Civil Procedure Code of the Russian Federation does not impose any other requirements for writing such a statement. And such a petition is written in free form.

When inviting a representative, a party must pay attention to the purely practical aspect of the participation of a lawyer or other citizen in the case. The bottom line is that the authority of the representative must be officially confirmed by relevant documents. A lawyer enters into a case on the basis of a warrant issued to him by a bar association or law office. Therefore, there are usually no problems involving lawyers in the process.

However, not only a citizen with a lawyer’s license can be a representative. This can be absolutely any person (capable and of age) who understands the law better than the participant in the process.

To invite such a person, a power of attorney is required, which is issued by a notary or officials who have the right to do so. It is also worth remembering that in order to perform certain procedural actions, for example, waiving a claim, a special indication in the power of attorney is required.

IN ____________________________
(Name of court, address)

In civil case No. ________

Plaintiff: _________________________________
(Full name, residential address,
contact details)

Respondent: _____________________
(Full name, residential address,
contact details)

Petition

about the admission of a representative

Currently, _______________________ (specify the court) is considering a civil case based on the claim of _______________________ (full name of the plaintiff) against ______________________________ (full name of the defendant) about _________________________ (specify the subject of the dispute). In this process, I am ___________________________ (indicate procedural position).

Due to the fact that I lack the relevant legal knowledge and experience to defend my rights and legitimate interests, I consider it necessary to invite citizen (lawyer) ______________________ (full name of the representative) to provide me with qualified legal assistance.

Taking into account the above, taking into account the provisions of Article 53 of the Civil Procedure Code of the Russian Federation,

I ASK:

Allow my representative, citizen (lawyer) ___________________________ (full name of the representative) to participate in the case.

“___” “_________” 20__ Signature _________________