Ордер как функциональный субститут доверенности в гражданском процессе

Арбитражный и гражданский процесс. 2022. № 9. С. 33–36.

Malbin D.

The c urrent legislation provides the possibility of participation of an advocate as a representative of a person participating in the case in civil proceedings. However, the procedural law defines differently the ways of certifying the powers of advocates and other persons providing legal assistance, establishing that the advocate’s right to appear in court is confirmed by a warrant, while other representatives act only on the basis of a power of attorney. The established law enforcement practice proceeds from the fact that, along with the power of attorney, the advocate must submit a warrant to participate in the case as a representative. The author believes that such an approach is erroneous, based solely on a literal reading of the norm, without revealing its real meaning and the functions that such a norm performs in the legislative system. The article provides an argument that the warrant acts as a substitute for a power of attorney for those cases when an advocate fulfills the duty assigned to him by law to provide legal assistance free of charge, in other cases, an advocate in civil proceedings must act on the basis of a power of attorney.

Keywords: гражданский процесс, суд, advocate, адвокат, представитель, civil proceedings, доверенность, ордер, representative, power of attorney, warrant