The Supreme Court of the Russian Federation has clarified that professionals representing interests in commercial courts must provide courts with diplomas of legal education or a degree in law when they perform procedural actions, including when signing a claim, participating in a court hearing, examining evidence.
When do lawyers need to be involved?
This requirement does not apply to representatives performing technical actions not related to the provision of qualified legal assistance in a case, such as, for example, submitting applications and petitions to the court, taking extracts from case materials, making copies of case materials, obtaining copies of court decisions, writ of execution. A power of attorney is sufficient to perform these actions.
The above rules do not apply to the following representatives: patent attorneys in disputes related to the legal protection of intellectual property and means of individualization, prosecutors, bankruptcy managers/liquidators, lawyers in the register of the Chamber of Lawyers as their powers to participate in a case should be confirmed only by a power of attorney, as well as heads of organizations as they act on behalf of their company under the law and foundation documents.
The founders of an organization, employees who have the necessary knowledge and are able to handle a dispute, but have no higher legal education, can conduct cases in court if they represent the interests of the organization together with lawyers.
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