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3.2.2. Separate features of representation on behalf of the civil claimant and the defendant in criminal trial

Remedial representation as the interbranch institute of the right has the norms and in the criminal procedure legislation. Not stopping on institute of representation on behalf of convicted or the victim and not applying for full disclosing of a theme of representation in criminal trial, we will consider separate features of representation on behalf of the civil claimant and the defendant.
The representative of the civil claimant or the defendant (further the-representative) enters remedial relations, unlike civil procedure, not only with court. Because by rules of article 29 UPK RSFSR the civil suit in criminal case can be shown since the moment a cart - 1 Timohina E.Vzyskanie of losses from tax organs//Economy and a life. 1999. │37 (8783). SJU. 2 Decision of Presidium of the Supreme Arbitration Court of the Russian Federation from 28.10.97 №5227/96. The document is available in the INFORMATION RETRIEVAL SYSTEM "Code". 161 Judgements of criminal case and till the moment of the beginning of examination during trial, the representative can enter remedial relations as well with the persons leading preliminary investigation or inquiry, with the public prosecutor at realisation of supervision by it behind a consequence inquiry. Remedial activity of the representative also differs an originality. So, proving of the civil suit shown on criminal case, is made by the rules established UPK RSFSR. In this connection the representative ceases to be the original engine of process. The proving duty according to article 20 UPK RSFSR is assigned to the person making inquiry, the inspector, the public prosecutor. Already a circle of persons which can be representatives in criminal trial. As those lawyers, close relatives and other persons authorised owing to the law to represent at proceedings legitimate interests of the civil claimant and the defendant (article 56 UPK RSFSR) can participate only. The Criminal procedure legislation does not provide possibility of participation in process of contractual representatives if they are not lawyers. However some scientists approve, that źif the civil claimant or the respondent are the enterprises, establishments, the organisations, as their representatives their heads, and on the basis of the power of attorney - other officials of legal bodies╗ 1 can act. Such conclusion is represented mismatching the legislation, however not deprived of logic. First, the head of the legal person who is its body, does not admit its representative, however all the same can operate on behalf of the legal person. Secondly, other officials operating on behalf of the legal person on the basis of the power of attorney, cannot represent the civil claimant and the defendant in criminal trial as article 56 UPK RSFSR gives the exhaustive list of the persons allocated with this right, and officials of the organisations among them are not present. Restriction of the list of the persons, having the right to be before - 1 Comment to the Code of Criminal Procedure of RSFSR. M.Izd-vo "Spark", 1995. С.87. Chapter 3 is written Bozhevym Century of the Item 162 stavitelem, in modern conditions has no any theoretical or practical substantiation - qualification chastnopraktikujupshchh lawyers in civil, financial, the fiscal law frequently above qualification of lawyers that is why they are capable to protect better interests represented and to assist investigating agencies and court. It is represented, that the remedial representation of the civil claimant and the defendant in criminal trial does not possess so considerable features that its regulation essentially differed from regulation of remedial representation in civil procedure. For this reason for the purpose of unification of the legislation on remedial representation it is necessary to admit participation in criminal trial as representatives of the civil claimant and the respondent any person having properly issued powers. These powers should be limited in criminal trial by the same ways as well as in the civil.
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A source: Khalatov, Sergey Aleksandrovich. Problems of representation in civil Legal proceedings / thesis. 2002

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