Publication date: 08.07.2024
Procedure for issuing a power of attorney for representation in court
Introduction
A power of attorney for representation in court is an important legal document that allows a person (principal) to transfer his/her powers to another person (representative) to protect his/her rights and interests in court proceedings. In this article, we will examine the procedure for executing a power of attorney for representation in court in Ukraine, legal requirements, necessary elements, notarisation procedure and practical advice for citizens.
Legal framework
The following key legal acts regulate the execution of a power of attorney for representation in court:
- TheCivil Code of Ukraine - defines general provisions on representation, form and content of powers of attorney.
- Civil Procedure Code of Ukraine - regulates the procedure for representation in civil cases in courts.
- CommercialProcedure Code of Ukraine - regulates the procedure for representation in commercial cases.
- Code of Administrative Procedure of Ukraine - regulates the procedure for representation in administrative cases.
- TheLaw of Ukraine "On Notaries " - defines the procedure for notarisation of powers of attorney.
Types of powers of attorney
1. General power of attorney
A general power of attorney grants a representative broad powers to perform all legal actions on behalf of the principal, including representation in court.
2. Special power of attorney
A special power of attorney grants the representative the authority to perform certain actions or make certain transactions, in particular, representation in court in a particular case.
3. One-time power of attorney
A one-time power of attorney gives the representative the authority to perform one specific legal act or representation in one specific court case.
Required elements of a power of attorney
1. Information about the principal and the representative
The power of attorney must contain full details of the principal and the representative, including:
- FULLNAME: Full name of the principal and representative.
- Passport data: Passport series, number, date of issue and issuing authority.
- Address of residence: Place of residence of the principal and the representative.
2. Description of powers
The power of attorney must clearly define the powers granted to the representative. These may include:
- Powers ofrepresentation in court: Participation in court hearings, submission and receipt of documents, signing pleadings, appeals and other procedural documents.
- Other powers: Performing legal actions related to the protection of the principal's rights and interests in court.
3. Term of the power of attorney
A power of attorney must contain the term of its validity. If the term is not specified, the power of attorney is deemed to be issued for one year from the date of its signing.
4. Date and place of execution
The power of attorney must contain the date and place of its execution. This is important for determining the validity of the power of attorney.
5. Principal's signature
The power of attorney must be signed by the principal. If the principal is unable to sign the document in person, an authorised person may do so on behalf of the principal in the presence of a notary.
Procedure for notarising a power of attorney
1. Preparation of documents
The following documents must be prepared for notarisation of a power of attorney:
- Principal's passport: Original passport of the principal.
- Documents confirming the authority of the representative: If the power of attorney is issued by a legal entity, documents confirming the authority of the person signing the power of attorney on behalf of the legal entity must be provided.
- Draft of the power of attorney: The text of the power of attorney that contains all the necessary elements and information.
2. Applying to a notary
The principal must apply to a notary to notarise the power of attorney. The notary checks:
- Identity of the principaland the attorney-in-fact: The notary verifies the identity of the principal and the attorney against the documents provided.
- Thecontent of the power of attorney: The notary checks the content of the power of attorney for compliance with the law and correctness of execution.
3. Signing the power of attorney
After verification, the power of attorney is signed by the principal in the presence of a notary. The notary certifies the principal's signature with his or her signature and seal.
4. Registration of the power of attorney
The notary registers the power of attorney in the register of notarial acts and gives the principal the original of the certified power of attorney. The notary retains a copy of the power of attorney.
The procedure for using a power of attorney in court
1. Submission of the power of attorney to the court
The representative must submit the original or a notarised copy of the power of attorney to the court along with other procedural documents. The court verifies the validity of the power of attorney and the representative's powers.
2. Participation in court hearings
The representative may participate in court hearings on behalf of the principal, represent his or her interests, file applications, appeals and other procedural documents.
3. Signing documents
The representative is entitled to sign procedural documents on behalf of the principal, including lawsuits, appeals and cassation appeals, applications for interim relief, etc.
Termination of the power of attorney
1. Expiration of the term of validity
A power of attorney terminates upon expiry of the term for which it was issued. If no term of validity is specified, the power of attorney is valid for one year from the date of its signing.
2. Revocation of a power of attorney
The principal may revoke a power of attorney at any time by notifying the representative and the court. The power of attorney may be revoked in writing.
3. Refusal of the representative
A representative has the right to refuse to perform duties under a power of attorney by notifying the principal and the court. The refusal must be made in writing.
4. Death of the principal or representative
A power of attorney terminates in the event of the principal's or representative's death, as well as in the event of their recognition as incapacitated or with limited capacity.
Practical advice for citizens
1. Precise definition of powers of attorney
In the power of attorney, clearly define the powers granted to the representative. This will avoid misunderstandings and ensure effective representation of your interests in court.
2. Check the documents
Before signing the power of attorney, check that all fields are filled in correctly and that the necessary details are available. This will help to avoid problems with the validity of the power of attorney.
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