Lawyer Irina Uradovskikh commented on the decision of the Constitutional Court of the Russian Federation on the basis of which documents a lawyer can represent in an arbitration court
The Constitutional Court of the Russian Federation in its Ruling confirmed that a lawyer can represent a company in an arbitration court only by proxy. In a commentary to Advocatskaya Gazeta, Irina Uradovskikh, lawyer at Iusland, noted that the legal position of the Constitutional Court is based on the provisions of the Arbitration Procedure Code, according to which lawyers of a legal entity are not singled out as a separate category of representatives.
This is due to the fact that in the arbitration process there are no categories of cases in which the court needs to involve a defense counsel by appointment: “Since a legal entity is independent and carries out entrepreneurial activities at its own peril and risk, the state has no obligation to pay for the work of a lawyer engaged by the court. At the same time, a legal entity is given the opportunity to independently determine the tactics of conducting an arbitration case, including not sending its representative to participate in a court session.
Irina Uradovskikh considered that there is no need to make any changes to the law, since a legal entity always has the opportunity to issue a power of attorney, including for a lawyer with special powers.