Representative of the civil plaintiff, defendant
According to Article 61 of the Criminal Code of Ukraine:
1. A civil plaintiff in criminal proceedings shall be a natural person to whom property and/or moral damage has been caused by a criminal offense or other socially dangerous act, as well as a legal entity which has suffered property damage by a criminal offense or other socially dangerous act in the manner prescribed by this Code, has brought a civil claim.
2. The rights and obligations of a civil plaintiff arise from the moment of filing a statement of claim with the body of pre-trial investigation or the court.
3. A civil plaintiff shall have the rights and obligations stipulated by this Code for a victim in the part related to the civil suit, and shall also have the right to maintain the civil suit or withdraw it before the court is removed to the deliberation room to take a court decision.
According to Article 62 of the Criminal Code of Ukraine:
1. A civil defendant in criminal proceedings may be a natural or legal person who by virtue of law bears civil liability for harm caused by criminal actions (inaction) of a suspect, accused or insane person who committed a socially dangerous act, and against whom a civil claim has been brought in accordance with the procedure established by this Code.
2. The rights and obligations of a civil defendant arise from the moment of filing a statement of claim with the pre-trial investigation body or the court.
3. A civil defendant shall have the rights and obligations stipulated by this Code for a suspect, accused, in the part relating to a civil suit, and shall also have the right to admit the suit in whole or in part or to object to it. The civil defendant shall be informed of the procedural decisions taken in criminal proceedings relating to the civil suit and shall receive copies of such decisions in the cases and in the manner prescribed by this Code for informing and sending copies of procedural decisions to the suspect, the accused.
According to Article 63 of the Criminal Code of Ukraine:
1. A representative of a civil plaintiff, civil defendant in criminal proceedings may be: a person who in criminal proceedings has the right to be a defender;
the head or other person authorized by law or constituent documents, an employee of a legal entity by power of attorney – if the civil plaintiff, civil defendant is a legal entity.
2. The authority of a representative of a civil plaintiff, civil defendant to participate in criminal proceedings is confirmed:
1) the documents provided for in Article 50 of this Code, if the representative of the civil plaintiff, civil defendant is a person who has the right to be a defender in criminal proceedings;
2) a copy of the constituent documents of the legal entity – if the representative of the civil plaintiff, civil defendant is the head of the legal entity or another person authorized by law or constituent documents;
3) by a power of attorney – if the representative of a civil plaintiff, civil defendant is an employee of a legal entity, which is a civil plaintiff, civil defendant.
3. The representative shall benefit from the procedural rights of the civil plaintiff, civil defendant, whose interests he represents.
Bohomaz Andrii Pavlovych offers the services of a civil plaintiff, civil defendant in criminal proceedings in Kyiv, Ukraine.
