LLC in court - страница 7

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This list of entities that have the right to certify a power of attorney can be supplemented with an indication of the heads of legal entities. This is due to the fact that it is often necessary for a lawyer to present, in addition to a warrant in court, a power of attorney to perform certain procedural actions. This fact frees citizens from the need to apply to a notary and unnecessary costs. It should also be noted that Article 53 of the Civil Procedure Code of the Russian Federation, indicating that powers of attorney issued by citizens can also be certified by the head of the lawyer's education. The algorithm for issuing a power of attorney in notarial form is fixed by the “Fundamentals of the legislation of the Russian Federation on Notaries” dated February 11, 1993 N 4462-1. On behalf of organizations, powers of attorney may be certified by their managers or other persons to whom such a right is granted by constituent documents, orders, etc ., Part 3 of Article 53 of the Civil Procedure Code of the Russian Federation provides that a power of attorney on behalf of a legal entity is issued signed by its head with attached.

 The head acts in court without a power of attorney from the organization. He submits to the court a document certifying the official status, and, if necessary, constituent documents, an order of appointment. With legal representation, a power of attorney is not needed. On the basis of Part 4 of Article 53 of the Civil Procedure Code of the Russian Federation, in order to confirm their powers in the judicial process, legal representatives must present documents confirming their professional status.

Based on paragraph 1 of Article 6 of the Federal Law of May 31, 2002 N 63 “On advocacy and advocacy in the Russian Federation”, the competence of a lawyer acting as a representative of the principal in the judicial process is regulated by the procedural legislation of the Russian Federation. According to Part 5 of Article 53 of the Civil Procedure Code of the Russian Federation, the powers of a lawyer are confirmed by a warrant issued by the relevant law school. An equally interesting example (the Resolution of the FAS of the Moscow District of 17.04.2013 in the case N A41-34105/12) is the concept in the Civil Code of the Russian Federation – lost profit: unpaid.