Application for admission of a representative in a civil case. Application for admission of a representative in a case of an administrative offense

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.

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.

(Name of court, address)

In civil case No. ________

(Full name, residential address,

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

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

representative).

“___” “_________” 20__ Signature _________________

The defense attorney must be allowed to participate in the case of an administrative offense upon an oral petition or on the basis of a written statement of the person brought to administrative responsibility, stated at the court hearing

Having studied the materials of the administrative violation case, the deputy chairman of the Sverdlovsk Regional Court considered the court decisions to be canceled on the following grounds. However, in accordance with Part 2 of Article 25.5 of the Code of the Russian Federation on Administrative Offenses, a lawyer or other person is allowed to participate in proceedings regarding an administrative offense as a defense attorney or representative.

Sample application for admission of a defense lawyer

Sample application for admission of a defense lawyer

Magistrate of the ______________ region for

judicial district No. ___ PP (full name)

from XX (full name) registered

at the place of residence at the address: ____________ region,

St. _______________, d.

I, XX (full name), am the person against whom proceedings are underway for an administrative offense under 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.

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 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

"___" __________ _______ G.

signature (XX) (I.O. Last name)

Note: When writing an application, please indicate the actual data you need.

(plaintiff's postal address, telephone, email.

(Full name or name of organization)

(address of the defendant, telephone, email)

Third party: ________________________________________

(Full name or name of organization)

(address, telephone, email)

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.

List of attached documents (all documents are attached with copies according to the number of persons participating in the case):

A copy of the petition for admission of a representative (for review by the defendant and a third party, if any)

“___”_________ ____ (signature) _____________

Application for admission of a representative

Persons participating in the case have the right to have representatives in civil proceedings.

On the admission of a defense lawyer to participate in a case of an administrative offense

N 4462-1, contain a rule according to which notaries have the right to certify powers of attorney, the notarial form of which is not mandatory in accordance with the legislation of the Russian Federation. From the above it follows that a power of attorney issued by a citizen to a representative to attract him to participate in the case can be certified both by a notary and by the organization in which the principal works or studies, as well as by a homeowners’ association, housing, housing-construction cooperative, managing an apartment building, a management organization at the place of residence of the principal or other bodies specified in Art. 53 Code of Civil Procedure of the Russian Federation. 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 tbsp. 53 Code of Civil Procedure of the Russian Federation.

Admission of a representative in an administrative case based on an application

Download the document in Word format Sample petition for admission of a defense attorney to the regional magistrate for judicial district No. PP (full name) dated XX (full name), registered at the place of residence at the address: region, city, st. , d., sq. Petition for admission of a defense lawyer I, XX (full name), am the person against whom proceedings are being conducted for an administrative offense under 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.

Application for admission of a defense lawyer

Article 25.5. defender and representative

If a person brought to administrative responsibility or a victim, in accordance with Part 2 of Article 24.4 of the Code of Administrative Offenses of the Russian Federation, submits a petition at a court hearing to involve a defense attorney or representative to participate in the case of an administrative offense, then such a defense attorney or representative must be allowed to participate in the case of administrative offense without submitting the corresponding power of attorney... See in more detail paragraph 8 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 N 5 “On some issues that arise for the courts when applying the Code of the Russian Federation on Administrative Offenses” Powers of the defense attorney and his admission to the administrative case offense is determined by the norms of civil procedural legislation.

Sample application for admission of a defense lawyer

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 the case of an administrative offense, then such a representative must be allowed to participate in the case of an administrative offense.” In accordance with the above and on the basis of Art. Art.

24.4, 25.1, 25.5 of the Code of Administrative Offenses of the Russian Federation I ASK: To be allowed to participate in the case of an administrative offense as my defense lawyer MM (full name), registered at the place of residence at the address: region, city, st. , d., sq.
Can the court allow a defense attorney to participate in the case if the 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 the administrative offense case? Answer: ...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 indicate that a power of attorney for the right to participate in the consideration of a case, including an administrative offense, in as a defense attorney requires mandatory notarization.
Cases of mandatory notarization of a power of attorney are established by law. In particular, paragraph 2 of Art. 185 of the Civil Code of the Russian Federation provides that a power of attorney for transactions requiring a notarial form must be notarized, except for cases provided for by law. In addition, in accordance with paragraph 3 of Art. 187 of the Civil Code of the Russian Federation, mandatory notarization is provided for the execution of a power of attorney issued by way of delegation.
The norms of the Civil Code of the Russian Federation, which establish the procedure for issuing and executing a power of attorney, its validity period, grounds and consequences of termination, do not indicate that a power of attorney for the right to participate in the consideration of a case, including an administrative offense, as a defense lawyer requires mandatory notarization.

Application for admission of a representative in a case of an administrative offense

Since the Code of the Russian Federation on Administrative Offenses does not regulate the issue of how the powers of a representative to participate in a case of an administrative offense should be formalized, this issue can be resolved in relation to the provisions of Part 2 and Part 6 of Art. 53 of the Code of Civil Procedure of the Russian Federation, which establishes the procedure for formalizing the powers of a representative. Within the meaning of Part 2 of Art. 53 of the Code of Civil Procedure of the Russian Federation, powers of attorney issued by citizens to participate in proceedings in a case can be certified by a notary or by the organization in which the principal works or studies, the housing maintenance organization at the principal’s place of residence, as well as other officials specified in this norm . “Fundamentals of legislation on notaries”, approved by the Resolution of the Supreme Council of the Russian Federation of February 11, 1993.
Magistrate of the court district No. 17 of the Voskresensky judicial district of the Moscow region Yudina Tatyana Mikhailovna st. Andersa, 1 a, Voskresensk, Moscow region, 140204 tel. 8-496-445-03-50 from the person brought to administrative responsibility - Ivan Ivanovich Ivanov, registered at the address: st. Sovetskaya, 00, apt. 0, Voskresensk, Moscow Region, 140200 Administrative case No. 5-458/2013 application for admission of a defense lawyer I, Ivan Ivanovich Ivanov, am the person against whom proceedings are being conducted in the case of an administrative offense provided for h.
2 tbsp. 12.27 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.

Representation in court today is a very common service offered by many law firms. It is, of course, possible to defend your rights in court on your own, from the point of view of the law, but by contacting a competent lawyer, you can save yourself from the need to study the procedural features of the trial and legislative acts related directly to the problem.

Any person vested with a power of attorney from the person whose interests he represents can work with the court, but the principal is obliged to notify the court that his interests will be protected by a specific lawyer. We will tell you how to draw up an application for admission of a representative in this article.

When served

In situations where one of the parties to proceedings in a civil, administrative, or arbitration case requires the assistance of a lawyer who has experience working with the judiciary, a citizen has the right to turn to him for help in the proceedings. The lawyer and the participant in the proceedings draw up a power of attorney, according to which the duties and rights of the principal to participate in the consideration of the case will be transferred to the authorized person.

A power of attorney for judicial representation gives the right to represent the interests of a specific person in court, which, in essence, consists of the following actions:

Signing and filing claims;
Changing the claims, grounds and subject of the proceedings;
Signing of the peace agreement;
Addition of evidence base;
Filing petitions;
Appealing decisions, rulings and rulings of the court in the appellate, cassation and supervisory procedures;
Transferring the case to arbitration;
Other procedural actions, up to the receipt of funds and other property. Based on the results of the proceedings;

All these aspects should be covered in the lawyer's power of attorney, a copy of which will need to be attached to the application for admission of a representative.

How to compose and submit

A petition for admission to the case of a judicial representative is drawn up according to the following structure and content:

Document header:
- Name of the court;
- Applicant details: full name, registration address;
- Details of the case: number, parties, with distribution of parties and indication of full name, essence and amount of claims;
Title: “Application for admission of a representative”;
The body of the application must contain the following information:
- Details of the trial;
- Information that, through this petition, one of the parties is exercising its legal right to protect rights and interests in court, according to the Code of Civil Procedure of the Russian Federation;
- Provide a link to Article 53 of the Code of Civil Procedure of the Russian Federation;
- Submit a request for admission to the case of a judicial representative indicating the full name;
- Indicate the attachment to the petition, which may contain a copy of the power of attorney for the judicial representative. However, this is not mandatory, and the power of attorney itself can be proposed to the court during the hearing;
- Date of application;
- Applicant's signature with transcript.

Info

Such a petition is submitted along with the statement of claim, or directly at the court hearing.

If filed during a hearing, An application for admission of a representative can also be submitted orally. The most important thing is to competently and clearly draft the power of attorney for legal representation.

Sample

Criminal lawyer. Experience in this direction since 2006.

ConsultantPlus: note.

From the day the cassation courts of general jurisdiction and appellate courts of general jurisdiction began their activities, 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 operating 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 an apartment building, a management organization at the principal’s place of residence, the administration of the social service organization in which the principal is located, as well as the inpatient medical institution in which the principal is being treated, the commander (chief) of the relevant military unit, formation, institution, military professional educational organization, military educational organization of higher education, if powers of attorney are issued by military personnel , employees of these units, formations, institutions, military professional educational organizations, military educational organizations 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 an organization is issued signed by its head or another person authorized to do so by its constituent documents, 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.

02.01.2019

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, a list of which is given in the article of the Civil Procedure Code of the Russian Federation.

The authority of the representative to sign a claim, submit an application to the court, and court, receive money or other property, in accordance with the article 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 in order to avoid its misinterpretation, we recommend using the general rules for drawing up statements of claim in court.

Sample application (petition) for admission of a representative to a civil case

IN _________________________
(name of court)
From _________________________________
(full name, address)
in civil case No. _____