Power of attorney for a representative with VNG

Power of attorney for a representative with VNG h1>
Good afternoon, they refused to reassure the power of attorney for representation in court, referring to the fact that it is not in their authority and they said to apply to the notary. It’s true? If not, where to file a complaint?
12 August 2015, 09:57 Julia, Moscow.
Answers of lawyers (4)
Julia, it really is. However, there is a way out. You can come to the court session and declare that this person is asking to be involved as your representative and determine the terms of his authority. Then the power of attorney is not needed.
Have a question to the lawyer?
Hello you were refused lawfully, because in court you need a notarized power of attorney. A power of attorney certified in the GEK is given for other purposes.
Power of attorney for receipt of wages and other payments related to.
labor relations, to receive remuneration of authors and.
inventors, pensions, allowances and scholarships, deposits of citizens in banks and.
to receive correspondence, including money and parcel post, can.
be also certified by the organization in which the principal works or.
learns, a housing maintenance organization at his place of residence and.
administration of a hospital facility in which he is.
is on the cure. I hope my answer helped you.
It is a pity that even lawyers forget about this rule of the Civil Procedure Code of the Russian Federation.
Article 53. Authorization of representative.
1. The powers of the representative must be expressed in the power of attorney issued and issued in accordance with the law.
2. The power of attorney issued by citizens may be certified by a notary or by the organization in which the principal works or studies, by a homeowners association, a housing, housing or other specialized consumer cooperative that manages a multi-apartment building, a management organization in the principal’s residence, the administration of the institution of social protection of the population in which the principal is located, as well as the in-patient medical institution in which the principal the commander (chief) of the relevant military unit, the unit, the institution, the military professional educational organization, the military educational organization of higher education, if the power of attorney is issued by military personnel, employees of these units, units, institutions, military professional educational organization, military educational organization of higher education or members of their families. The power of attorney of persons in prison shall be certified by the head of the relevant place of deprivation of liberty.
(in the amended version of Federal Laws of October 18, 2007 N 230-FZ, of July 2, 2013 N 185-FZ)
3. A power of attorney on behalf of an organization shall be issued with the signature of its head or other person authorized by its constituent documents, sealed with the seal of that organization (if there is a seal).
(in the edition of the Federal law from 06.04.2015 N 82-��)
4. Legal representatives present to the court documents certifying their status and powers.
5. The right of an advocate to appear in court as a representative is certified by a warrant issued by the relevant legal profession.
6. The powers of a representative may also be determined in an oral statement recorded in the record of the court session, or in a written statement of the principal in court.
Usually, when you issue a power of attorney at the place of residence, you can save money, because when you certify a power of attorney a notary must pay the state. duty, and the management company (TSZh) must do this without paying the state. duties. In practice, some organizations set a fee in a small amount (100-200) rubles.
I, as a lawyer, always advise my clients to certify attorneys at work or at their place of residence, and these powers of attorney are the proper certification of the representative’s authority in court.
Unfortunately, there is no effective mechanism for appealing against the actions of the HOA or the managing organization in this case. It is better then to spend time and nerves on drawing up a power of attorney at the place of work or at a notary.
in they refused to confirm the power of attorney for representation in court, referring to the fact that it is not in their authority.
It’s in their power.
Article 53. Civil Code of the Russian Federation. Authorization of the representative.
1. The powers of the representative must be expressed in the power of attorney issued and issued in accordance with the law.
2. Power of attorney issued.
citizens, can be certified by a notary public or.
the organization in which the principal works or studies, by partnership.
owners of housing, housing, housing or other.
specialized consumer cooperative, implementing.
management of an apartment building,
managing organization in place.
of the population in which the principal is located, as well as the fixed one.
a medical institution in which the principal is on the cure,
commander (commander) of the relevant military units,
institution, military professional educational organization,
military educational organization of higher education, if.
powers of attorney are issued by servicemen, employees of these units,
connection, institution, military professional educational.
organization, military educational organization of higher education or.
members of their families. Powers of attorney of persons who are in places of deprivation.
freedom, are certified by the head of the appropriate place of deprivation.
3. Power of attorney on behalf of.
organization is issued under the signature of its head or otherwise.
authorized person by its constituent documents, sealed.
seal of this organization (if there is a press)
6. The credentials of the representative may be.
are also defined in the oral statement recorded in the court record.
meeting, or a written statement of the principal in court.
As you can see, this is not true. Why pay a notary almost a thousand rubles, when you can get a service for free.
If not, where to file a complaint?
To the head of the Criminal Code. Make a power of attorney at home, print out an article from the CCP RF, and go to him at the reception. Let assure.
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