Representation in court – is a procedural action performed in the name and on behalf of individuals involved in a case: parties, third parties, appellants or other party in interest.
The ordinary citizens have the right to handle a case by themselves or through a representing party: professional solicitors and lawyers.
Representation of interests in court is one of the priority areas of the MBA “MAGNETAR”. Representation means a special form of legal relations resides in delegation of power to somebody to act on behalf of another person. The former party is entitled as the representative, the latter one as the principal. They have to sign a bilateral agreement that indicates obligations and responsibilities of each party.
In any civil legal proceeding one of the major parties is represented by a lawyer (solicitor), which you may easily find if you simply contact our company. During representation of your interests, our lawyer will give a qualified assessment to prospective of a case, will help to choose an appropriate legal position and will provide a client with comprehensive assistance and will take any efforts for the positive resolution of the problem in favor of the client. Our practice shows that professional representation of interests in court has a distinction of being well deliberated rather that in cases when a citizen decides to stand for his rights by himself.
In civil proceedings, it's obligatory to manifest demands upon defense of your rights with maximum precision and clarity. Every fact has to be proven by sufficient documents so that it would be easier for a judge to bring out a decision that would meet your requirements. In the meanwhile, when it comes to defense in a civil proceeding, one has to clearly explain all the facts and try to prove the groundlessness of accusation in any way. The practical realization of these points in court, first of all, depends on how proper and correct were filed the documents provided to the court and on the way all the legal proceedings were carried out.
Turning for qualified help, you authorize a specialist to represent your interests and to look after observance of all the legal standards and regulations, which enhances chances for success. We often hear the question “Who are they to judge us?”. The judges within all the juridical proceedings are just ordinary people, even though specially trained. That’s why in conduction of a case it's important to take into account not only formal accordance with procedural law but the serious psychological background. Each judge has his own specifics in apprehension of documents, facts, demands and objections. Our specialists permanently deal with representation of interests in court that’s why they are familiar with all the specifics of its inner processes. We know that a critical part in the outcome of a case play the way of formulation and filling of documentations, applications, requests or objections.
Hiring our specialists to represent your interests in court you are avoiding many mistakes that seem insignificant for a regular person but at the same time may influence over the outcome of a case. Representation of interests in court requires completion of certain procedures by a client. Firstly – he has to provide the selected lawyer with a letter of attorney that will let the latter to defend the interests of the former within civil cases in court. Secondly- it’s necessary to provide full package of documents that have something to do with a case. A client should also disclose all the details about his present legal situation and the actions that were taken by him so far. Professional representation of interests in court is required in the variety of cases. Hereditary disputes –is one of them. In these cases, both parties tend to use qualified legal assistance as such disputes do not arise too often and in case of successful outcome of it one of the parties gains the right for a valuable property. Hereditary disputes are diverse for a range of reasons. First of all, it's important to know that it’s possible to inherit a property both under the will and under law. A number of hereditary disputes arise because of that. There are two types of heirs: legitimate heirs and heirs by will. They complement one another and have the right to dispute hereditary rights if they find them unjust. In accordance with the law the legitimate heirs (behind some exception) are relatives but any individuals and legal entities may inherit a property by will. It's important to remember that an inheritance should be registered officially. Due to low level of legal knowledge, the absence of proper registration of an inheritance often causes hereditary disputes. To be able to use a property legally, an heir has to file the inheritance acceptance request or the request for issue of the title certificate.
One more type of hereditary disputes – cases concerning inheritance acceptance period restoration and inheritance acceptance fact establishment. Under law, an inheritance has to be accepted within six months after an ancestor's death. However, not all the citizens know that these time limits may affect the property relations and use the property for many years without thinking of its legal registration. Most of times people face these problems in cases of selling the inherited property not registered in time.
That's where comes the necessity of initiating hereditary dispute, means the necessity to submit the application for inheritance acceptance period restoration. Representation of interests in court within hereditary disputes is required in case there is no accordance between parties concerning division of property. Normally, in other cases people prefer to resolve disputes themselves. Never the less, in any case we strongly recommend to use professional assistance to avoid negative consequences relied to improper execution of documents or in order to do away with paperwork and interaction with judicial authorities.
Representation of interests in general courts includes the following services:
- Familiarization with documentations and conduction of legal expertise (a written opinion may be composed upon the request of a principal);
- Legal positioning, including strategy and behavior tactic elaboration for protection of interests of a principal with operating plan execution;
- Preparation and filing of a court claim, written objections upon claims, applications for provisional remedies and other processual documents;
- Preparation of statements of defense;
- Processual representation of interests of a principal (in his absence) in the courtroom, drafting and making of settlement agreements;
- Preparation and sending of documentations in order to appeal a decision of the first instance court in the court of appeal, cassation, supervision and processual representation;
- Representation of interests of a principal at the stage of additional proceeding, including services of searching the property of a debtor.
The specialists of MBA “MAGNETAR” provide assistance in representation of interests of citizens and companies within civil cases:
1. Marital law:
- Within separation of estate at divorce;
- Within disputes upon termination, modification, invalidation of a marriage contract;
- Within disputes upon recovery of alimony, establishment of paternity.
2. Labor law:
- Within disputes upon recovery of wages;
- Within disputes upon reemployment, change of records in an employment book;
- Within disputes upon rejection of employment.
- Will contest;
- Contestation of actions (non-action) of a notary, conducting a hereditary case;
- Concerning declaration of title;
- Disputes between heirs.
4. Real estate (apartment, other residential space, land property):
- Disputes within low rent municipal housing;
- Disputes upon default in providing low cost municipal housing;
- Disputes upon purchase and sale transactions, exchanges, donations, renting;
- Disputes upon land property transactions.
5. Damage recovery:
- Caused by road traffic accidents;
- Caused by floods;
- Caused by fires.
6. Debts recovery (upon contracting agreements, service agreements, acknowledgements, etc.).
7. Appeal of actions and decisions of government authorities and public officials (FMS, FTS, FSC).