Representation in enforcement proceedings

Representation in enforcement proceedings

Author

Kovalev Artem

Procedural representation in enforcement proceedings

Debtor You, or the creditor, it is better not to neglect the services of a lawyerKovalev Artem

Procedural representation in the enforcement process is considered as a legal relationship in which a lawyer contributes to the realization of the rights, freedoms and interests of another person at the time of the enforcement of a decision of courts and other jurisdictional bodies, carries out procedural actions on behalf and in her interests within the limits of the granted powers.

The signs of such representation are:

• its purpose, which is to facilitate the implementation of the right of the claimant to enforce a court order or to exercise his procedural powers on behalf of the debtor;
• direct participation of an individual in the enforcement process does not deprive him of the right to have a representative, that is, a representative in the enforcement process can either completely replace the side of the enforcement proceedings, or participate with them;
• representatives of the parties have a functional (procedural) interest in the results of the execution, that is, they are interested in protecting the rights and interests of the claimant or the debtor;
• the representative can act within the powers granted to him, duly executed;
• the legal consequences of a representative’s procedural actions apply to the person he represents.

Representation in the executive process

The legislation on enforcement proceedings defines the representative of the parties as an independent participant in enforcement proceedings. If we talk about the subjects of enforcement proceedings who have the right to conduct cases through a representative, then the Law “On Enforcement Proceedings” indicates the approach that prevails in procedural legislation on legal proceedings.

In fact, the right to representation, first of all, to the legal assistance of a lawyer in enforcement proceedings, can only be obtained by his parties – the claimant and the debtor.

Considering that it is with the representation that the right to provide legal assistance is associated, a significant number of other subjects of enforcement procedural legal relations, both having a legal interest in the case and those that do not have it, may also require legal assistance from a lawyer, and then the rights to the representation.

In enforcement proceedings, the legal conflict of the parties is aggravated as much as possible, and this is what makes it even more expedient to represent them in the enforcement agency by a lawyer, as a specialist in the field of law, in comparison with judicial representation. Kovalev Artem

Considering that, by its legal nature, the activities of a public or private contractor are activities in the interests of the claimant, the debtor, first of all, needs proper legal assistance. Quite often, the implementation of decisions is accompanied by conflicts that require the intervention of the police, which is involved by the executor. The reasons for this are not only the debtor’s unwillingness to comply with the decision, but also certain violations by the executor, provoking a feeling of injustice in the debtor and the like. Quite often, the parties, not knowing their rights and obligations, do not see the opportunities that the legislation on enforcement proceedings provides them for resolving a dispute taking into account the interests of the parties. It is for this that it is advisable, first of all, legal representation in enforcement proceedings.

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