Before we talk about the notion of "representation", it is necessary to delve into its etymology.Note that in certain cases the term can take on a different meaning.So, the concept is derived from the verb "to submit."This can be seen at the root of the word.What does it mean to represent?It is to act in the interests of someone or else convey certain information.To date, under representation realize completely different elements of life, depending on what kind of services is taken into account.It is only important to understand one identical for all values of the term thing: a certain set of rights and responsibilities should always move to other individuals, organizations, companies and territories.That is part of the powers will necessarily remain.In short, the office - is a loose concept.Sense, it is filled according to the situation.
representation in government
In order that there are several values determine understood.As a rule, initially at the mention of the term comes to mind representation in court.Overall, however, the procedure in this case, means the transaction, or the implementation of the agreement by one person (the so-called representative) on behalf of and at the direction of another person.Such authorization subject can be based on a power of attorney, a direct indication of a regulatory act, the act of an authorized state body or the local authority.In this case the office - is the realization of certain rights of another person.It concerns the state bodies.
In this case, there are three-way relationship, where a representative - a person who has been entrusted to carry out something on behalf of another person.Most often it is the lawyer.But I imagine - a person who has entrusted its representative to act in a certain way.A third person - a structure or a citizen, a legal relationship that arises as a result of certain actions of the representative.These are the main objects of legal relations.
Who can be a member?
Usually for such a subject must meet certain requirements.In particular, the representative may be a natural or legal person.In certain cases, it may be a Russian Federation, subjects of the government and municipalities.If this serves as an individual, it should be over eighteen years of age, as will the said person (eighteen) will execute the will of his legal representative, and in fact minors may enter into transactions only with the consent of their parents.
Who can be submitted?
Most often it is the common man.Modern realities dictate their demands and also to him.If authorization of the representative is formed according to the current legislation, and on the subject of the commission of any legally significant actions are required, they can be any person who has legal capacity.
In particular, when the legal relationship formed as a result of any action of the represented person, he must necessarily possess full juridical personality, that is, as legal capacity and capacity to act.As in the legislation, regulatory acts otherwise indicated, those of fourteen to eighteen years is to delegate certain powers.Such a minor can even make a warrant, but only with the consent of their legal representatives (parents).This requirement does not apply to the issuance of a power of attorney to perform legal acts, directly stipulated by legislative acts.
Species representative
Today emit several types of such relations in civil law.
Firstly, it is a voluntary representative, which is based on an agreement between the two parties.A distinctive feature of this type of acts voluntary will of the subjects.That is one side wants to entrust certain powers to the other side and the other side is willing to take them over.To this kind are by far a simple power of attorney, as well as a commercial office.This type is most common.
completely different situation - legal representation, in which the parties shall be appointed on the basis of existing legislation.In particular, the parents are the legal representatives of their minor (minor) children due to civil legal acts.In addition, it is also possible the emergence of this kind of legal relations on the basis of individual orders of the local authorities and municipalities.Of special note is the military office.It has its own specifics.
Commercial Representation
Business also not remained aloof.Under the sales representative understand today in civil law a person who is permanently independently carries out actions and make decisions on behalf and for the benefit of entrepreneurs.What is said powers?At the conclusion of contracts on behalf of one person and in their interests.
Among other things, the office is also allowed, and in other cases, if the legislation.However, the competent entity shall carry out activities and protect the interests of the parties with a degree of care with which this activity would be carried out the very face.
It should be noted that the sales representative will first have to pay all costs associated with the activity of another person and the protection of its legitimate interests.However, thereafter, it may demand compensation for all losses incurred related to the implementation of rights and obligations.
Such representation is most often carried out on the basis of a multilateral agreement.In addition, the subject can act on the basis of power of attorney.Strictly obligatory written form of the agreement and, accordingly, the power of attorney.The representative must maintain the confidentiality of the data and information which it has received in the course of protecting the interests of another person.It's the law!Since there is a sales office, we are mainly talking about the secret of doing business.Some of the other terms and conditions of such representation may be provided by legislative and other legal acts.
meeting continues!Today
legal representation - a highly specialized profile for the legal representation of a certain person in the investigation.Most often this involved a lawyer who is endowed with all the necessary permissions.In general, the above representation - is the protection of the subject of competent people in the judiciary.In some cases it is mandatory.
Litigation begins with an examination of the case, drawing up of certain legal documents, interview the person whose interests will be represented in the future, generating a certain position taken by the case.In order to best understand the case, a lawyer or a representative should be aware of all the nuances and information that could somehow affect the course of the investigation.Therefore, to hide something from the defense counsel is not recommended.It should be remembered that there is a concept of attorney-client privilege, which is why you can trust your agent and be sure that the information does not become known to third parties.
noteworthy that the procedural law also provides for options when the time of filing the complaint may also submit the document and the legal nature of the security requirements by imposing restrictions on the debtor's property.Correctly formulated paper will help in the future at a certain judgment quickly recover from a person the amount due.
If there is an economic dispute between the parties, the lawyer is a must, as is often economic affairs extremely complex and multifaceted, they require a perfect knowledge of the legislation and processes.Often, these processes - it is a struggle of two or more defenders of the interests of their clients.
modern judicial system implies adversarial, which is expressed not only in the presentation of certain evidence in the case, but also in public speaking representative, his ability to convince, to formulate his thoughts, the ability to present in a favorable light the position of his client.It is good not the lawyer, behind which stands the truth, and the subject of the court that his fiery speech and adequate position would be able to convince others of the correctness of participants.
Ever since ancient times, it is especially valued counsel.History knows cases where a lawyer could solve the problems of his client on whose behalf the truth-and it was not, just saying fiery monologue, full of references to the history, law and morality.Today, all of the above has not lost relevance, because the ability to convince the court that he was right - it's a great thing.If a citizen, enters into a process simply does not have the oratorical skills, he should definitely attend to finding a great lawyer, to find the man who will be able to defend human rights, to protect him from the arbitrary and unlawful actions of other persons.In this case, the representation - it is a necessity.And the person who will make subsequent defense in court, you must choose carefully, on the recommendations of those who have previously experienced with a particular advocate.Usually they do so.
It is today representation in court is particularly well developed, since it is often to defend their legitimate interests is possible only in the judiciary.With the right approach, provided the gain.
Features military representation
There are other definitions of the term.Modern military representative (previously existed Representation of the customer) is expressed in the separate structure of the Ministry of Defense of the Russian Federation.It was established to oversee the quality and handling of the conformity of products in public institutions.This is an important detail.As for the notion of military products, it is usually this refers to items produced for the interests of defense, related services, and all that is done in military enterprises.
activities such representation and other control bodies must comply with the relevant provisions of the Ministry of Defense of the Russian Federation.In addition, there are a number of other legal acts relating to the regulation of activities in this area.Their myriad.Management of the military representation to date by the Ministry of Defence of the Russian Federation through the specialized departments.It is a complex structure.
If the structure is not created such entities, the Ministry of Defence is trying to send a special representative who would subsequently preside over the respective products.It should be noted that these persons are subject to all the rights and duties that are inherent in ordinary military plenipotentiary.
Features diplomatic missions
term can take on another meaning.The diplomatic mission is a specific organ of the sending State, which is created on the territory of the host country to organize normal political relations.It should be noted that these structures are created by mutual agreement, which is expressed in the form of a joint communique.Before that, the two countries should agree on cooperation.For this there is representation of the Foreign Ministry.
noteworthy that international law provides for specific classification of these structures, depending on their nature.Thus, the Embassy are to the highest level.This is the main link in the chain.As a rule, these diplomatic missions headed by an ambassador.This is usually referred Vatican.
second type of mission offices are run by Ambassador Extraordinary and Plenipotentiary.
There are other official political structures with a specific status.
It should be noted that all the diplomatic missions have certain privileges and immunities.That is, the entity has a number of powers that are not available to other organizations.
In the state of diplomatic representation are generally present leaders, administrative, technical and service staff.Of course, "the fate of the world" are in the hands of heads of entities.Normally, the diplomatic personnel are persons who have a high status in his home country, specially trained in accordance with the legal acts of the country and having certain privileges.Today, the head of a significant impact, it determines the head of the political relations of the countries, their ability to co-development.Typically, this includes ambassadors, ministers, advisors.Rank diplomat - is a privilege and a lifetime honorary position for life.Among other things, this category of persons, as a rule, are sales representatives, military attaches and other persons with special knowledge, privileges and immunities.With regard to the administrative and technical staff, it includes clerical workers, clerks, secretaries and other persons that perform a purely technical function.As for the service, everything is quite simple and transparent.These are doctors, cooks, cleaners, drivers and other people who do not carry out any official representative functions, however, are responsible for ensuring the smooth and proper operation in a purely technical sense.These people are responsible for the implementation of the material side.
How to open a representative office?
should be noted that in another state, you can also develop its activities by creating a foreign mission when the need for new markets or significant expansion of the potential clientele.This created on the territory of the other country's education may regulate the marketing research, study business contacts, search for new partners to develop public relations, regulate controlled enterprises on the ground, to address important issues related to the daily work of the organization.Foreign state - it is always the prospects for development and profit.In addition, you can create separate entities not only on the territory of another country, but also in the domestic market.In this case we are talking about regional representation.They significantly increase the level of development of the organization.However, the opening of representative offices - is an important step, which should be approached appropriately.It is essential to analyze the market as a whole, before creating a new entity.To date, official representation - is an opportunity to begin to conduct policy in a different direction, to realize something new based on the old.
Today, the major benefits of establishing a foreign mission include the ability to manage their organization and its structural divisions on the spot, to respond quickly to the changes that are taking place in the market of the country, to get timely information on economic developments, to continue to make a significant profit.
To build an education in another country, we must first carefully examine its current legislation with all the nuances and "gotchas."Today, presentation of a company significantly increases its importance in the domestic market, allows you to establish a fundamentally new relationship, contacts, to expand its sphere of influence.But this is a new scope of activity, other horizons of the company, increasing its prestige.
So, nowadays the most effective lever of influence on the economic policies and processes in another country is the creation of representative offices.
