LLC in court - страница 6

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1) signing of the statement of claim; 2) submission of a statement of claim to the court; 3) transfer of the dispute to the arbitration court; 4) filing a counterclaim; 5) full or partial waiver of claims; 6) reduction of the size of claims; 7) recognition of the claim; 8) change of the subject or the basis of the claim; 9) conclusion of a settlement agreement; 10) transfer of authority to another person (transfer of trust); 11) appeal of a court decision; 12) presentation of the enforcement document for collection; 13) receipt of the awarded property or money. For example, a lawyer appointed by the court has the right to appeal court rulings in this case (Article 50 of the Civil Procedure Code of the Russian Federation).

It is also worth noting that the requirements for the registration of the powers of a representative in civil proceedings are fixed in Article 53 of the Civil Procedure Code of the Russian Federation. Nevertheless, Article 185 of the Civil Procedure Code of the Russian Federation establishes the definition of “power of attorney”. So, a power of attorney is a written authorization issued by one person to another person for representation before third parties. Paragraph 125 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 23.06.2015 N 25, indicates that a written authorization, including representation in court, may be contained both in a separate document (for example, a power of attorney) and in a contract, a decision of the meeting, unless otherwise prescribed by law and does not contradict the essence of the relationship.

A power of attorney in court may be issued for representation on behalf of an individual or a legal entity. This document has a notarized form or is certified by organizations, their list is fixed in Part 2 of Article 53 of the Civil Code of the Russian Federation. Authorized by the right to certify a power of attorney on behalf of an individual: 1) the organization in which the principal works or studies; 2) homeowners' association; 3) a housing, housing and construction or other specialized consumer cooperative that manages an apartment building; 4) the managing organization at the place of residence of the principal; 5) 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; 6) the commander (chief) of the relevant military unit; 7) the powers of attorney of persons in places of deprivation of liberty shall be certified by the head of the relevant place of deprivation of liberty.