Representation of a client in a civil court
One of the essential guarantees that citizens exercise their right to judicial protection is the possibility of obtaining legal assistance. This is due to the fact that the majority of participants in disputed legal relations who go to court to protect their violated or contested rights and legal interests do not have legal knowledge and only in general terms understand the meaning and essence of their procedural rights and obligations.
In this regard, they cannot always use all procedural guarantees when exercising their rights in the process of consideration and resolution of a specific civil case. Therefore, the law provides them with the opportunity to participate in the case not only personally, but indirectly through other persons – representatives. The same applies to the implementation of the protection of intellectual property rights. According to experts of the patent office “Galifanov, Markov & Partners”, information on which can be found on the website http://1-tm.ru, if citizens have a need to register a trademark, useful invention and other intellectual property, as well and the protection of those in court, then experienced lawyers specializing in copyright protection can take care of this and speak in court on behalf of the plaintiff.
In addition, in some cases, conducting business with the help of a representative is caused by the impossibility of personal participation of a person for objective reasons (due to age, illness, restriction of legal capacity, incapacity, etc.).
Procedural representation is a form of legal assistance regulated by the rules of the Civil Procedure Code by one person (representative) to another person (person who represents) in the form of procedural actions by a representative on behalf of and in the interests of the person he represents, within the limits of authority received.
Civil procedural representation is not identical with civil law and has the following differences:
representation in civil law is possible to carry out various transactions, while procedural – only the commission of procedural actions in court;
the purpose of civil legal representation is to provide legal assistance to the principal, and in case of the procedural – also to the court;
in case of civil legal representation, participation in legally significant actions is carried out only by a representative. In case of procedural representation, participation in a representative’s case does not deprive a person of the right to directly participate in the process;
unlike representation in civil law, double representation is possible in civil proceedings (legal representatives can entrust other cases to representatives of the court).
Analysis of Art. Art. 38 – 44 Code of Civil Procedure of Ukraine allows us to note the presence of two types of representation, depending on the will of the principal: voluntary and mandatory. In turn, voluntary representation can be contractual and public, and compulsory – legal and charter.
Representation of clients of a legal clinic refers to a contractual representation, since it takes place on the basis of a written contract. It is necessary to clearly define the boundaries of the representative office and indicate the free nature of the clinic services.
According to the provisions of the Civil Procedure Code of Ukraine, a representative is a person who carries out procedural actions on behalf of and in the interests of the principal, and through his actions creates rights and obligations for him.
The Code of Civil Procedure classifies representatives as persons participating in the case and determines that not all participants in the process can have a representative, but only parties and third parties, applicants and interested persons in cases of order and special proceedings.
The assignment of representatives of this group of subjects of civil procedural legal relations is not accidental: although the representative acts in the case on behalf of and in defense of the interests of other persons, he has his own legal interest in the matter. At the same time, representing the interests of another person (party, third party, etc.), the representative does not replace the person, but acts in parallel with her (the exception is only legal representatives – parents, adoptive parents, guardians, trustees or other persons defined by law) .
According to Art. 40 of the Code of Civil Procedure, a representative in court may be a person who has reached the age of eighteen years, has civil procedural capacity and duly certified powers to represent in court, with the exception of the persons referred to in Article 41 of the CPC. The court of any instance is obliged to allow her to participate in the case after verification of authority.
Representing a client in court is the most responsible type of legal assistance provided by a legal clinic consultant. This is due to the fact that the principal, as a rule, is a person who, due to objective or subjective factors, is not able to exercise the rights guaranteed by the state, so for her, turning to a consultant for help is probably the only hope for restoring justice.