Here is the function of legal services withbeginning-enterprise, then-executive body. They
are much different, it has two types of legal services, the majority of
workers in general and legal specialization working in enterprises. They
are taken from the general provisions of the legal service of the
Ministry, another executive body of state enterprises, institutions and
organizations, approved by the Cabinet of Ministers of Ukraine of 26
November 2008 r. №1040, signed by Prime Minister Yulia Tymoshenko. Generally this is an important legal act, as the Regulation on a
phenomenon (or procedure for any action), approved by the Cabinet of
Ministers of Ukraine, at least, of the ministry, there is often a lot of
relevant information about regulation of a small sphere of relations.
Legal
Service Company in accordance with its tasks: 1) ensure the proper
application of the company regulations and other documents, submit
proposals to tackle head of legal issues related to the activities of
the company; 2) develops and participates in drafting acts and other documents on the enterprise; 3)
conducting legal review of draft acts and other documents prepared by
structural divisions, coordinates (visa) in the presence of heads of
visas concerned departments or individuals, their substitutes. In
the event of discrepancies draft act or other document with the
legislation concerned business unit delivers motivated proposals to
bring it in line with the law; 4)
holds with structural divisions of revision under its jurisdiction
other acts and documents in order to bring them into line with
legislation; 5)
inform the head of the company of the need to take measures to amend
the regulations and other documents, defining them as invalid or
cancellation; 6)
organize the work connected with the conclusion of agreements
(contracts), is involved in preparing and monitoring performance, giving
legal assessment of projects such agreements (contracts). Projects
agreements (contracts) agree (vizuyutsya) legal service in the presence
of heads of visas concerned departments or individuals, their
substitutes; 7)
participates in the protection of property rights and legal interests
of the company in case of failure or improper performance of contractual
obligations; 8) organizes pretentious and related work, analyzes its results; 9) supervises compliance structural units set by the company and the manner of presentation of claims; 10)
facilitates the timely adoption of measures to eliminate violations
mentioned in judicial decisions relevant instruments of law enforcement
and regulatory authorities; 11) takes the head of the company: proposals for improving the legal support of the enterprise; conclusions
as to the legality of the write-off of property, accounts receivable,
overhead and legal assessment of the facts shortages, theft,
mismanagement, poor quality products release, damaging property; 12)
examine materials of pecuniary damage due perpetrators preparing
relevant structural units based on economic and legal analysis of
accounting and statistical reports and other documents of financial and
economic activities and materials inspections conducted by law
enforcement and regulatory authorities; 13)
promotes the rule of law in the implementation of the rights of
collective enterprises in solving production and social issues; 14)
together with the interested structural divisions involved in the
preparation of measures to strengthen labor discipline, health and
safety at work; 15) provides legal assistance to employees in need of social protection; 16)
ensures correct application of the employment, housing, pension and
other legislation relating to the rights and interests of employees,
submit proposals managers about redress; 17) keeps a record of legislative acts and international treaties of Ukraine maintains them in a state of control and storage; 18) collects information about the official publication of legislative acts in print; 19)
organizes and conducts activities aimed at improving legal knowledge of
employees, explains the practice of law, providing advice on legal
issues; 20) provides legal assistance in the creation, development and
implementation of scientific and technical development work, new
technologies, as well as in the implementation of measures to improve
the quality of products and services.
Legal
Service executive agency in accordance with its tasks: 1) organizes and
participates in ensuring the implementation of state policies in the
relevant area, the correct application of the law in the executive
branch, the company belonging to its jurisdiction, in representing the
interests body executive in courts; 2) developing and participating in drafting regulations on matters within the competence of executive authority; 3)
checks compliance with legislation and international treaties of
Ukraine of draft orders and other acts submitted for signature of the
executive body approves (visa) in the presence of heads of visas
concerned structural subdivisions; 4)
conducting legal review of draft legal acts prepared by structural
divisions of executive authority, the results of which prepares
conclusions in the form approved by the Ministry of Justice, agrees
(visa) in the presence of heads of visas concerned structural
subdivisions; 5)
review with the structural units of executive regulations and other
documents on matters within its competence, to bring them into line with
the law; 6)
inform the head of the executive authority on the need to take measures
to amend the regulations and other documents, defining them as invalid
or cancellation; 7)
submit heads of executive bodies submitting proposals for a legal act
for state registration in the order established by the Ministry of
Justice; 8)
together with the interested structural divisions of executive
authority summarizes the practice of legislation in the relevant field,
prepares proposals for improvement, submit them to the head of the
executive authority to address the issue of preparation of draft
regulations and other documents, making them the established order the State body authorized to take such acts; 9)
consider draft regulations and other documents submitted for approval
on matters within the competence of the executive body, and preparing
proposals to them; 10) carries within its competence measures for adaptation of Ukraine to the European Union; 11)
organizes the work related to the conclusion of agreements (contracts),
participating in the preparation and implementation of measures to
contractual obligations, protecting property rights and legal interests
of executive authority and approves the (visa) projects agreements in the presence of approval (visa) heads of structural divisions concerned; 12) organizes pretentious and related work, exercises control over its implementation; 13)
holds together with concerned departments structural analysis of the
economic activity of the executive body, is studying the conditions and
causes of unproductive expenditure, breach of contractual obligations as
well as the status of receivables and payables; 14)
examines the materials received from law enforcement and regulatory
authorities, the results of related work, and received the results of
inspections, audits, inventory data statistical reports characterizing
the state of compliance with the law enforcement authorities, prepares
legal opinions on the facts of detected offenses and involved in the work of the damages; 15)
submit proposals to the head of executive power of prosecution staff,
guilty of injury (if it is not within the jurisdiction of another
structural unit); 16)
promote the appropriate use of legislative acts on labor, in the event
of default or breach of requirements takes the heads of executive
authorities a written opinion on proposals to eliminate such violations;
17)
carries out methodical management of legal work in the executive
branch, the company belonging to its jurisdiction, checks the status of
legal work and submit proposals to the head of the executive body for
improvement, deficiencies in the legal support of the body shall take
measures to introduction
of new forms and methods of legal service, performance of acts of the
Ministry of Justice and its territorial bodies; 18) keeps a record of legislative acts and international treaties of Ukraine maintains them in a state of control and storage; 19) collects information about the official publication of legislative acts in print; 20)
defines, together with interested structural subdivisions of the need
for legal staffing company that belongs to the jurisdiction of the
executive body; 21)
agrees the candidature of the applicant for the post of head of the
legal service of regional offices of ministries, other central executive
authorities and enterprises under authority of the executive body; 22)
organizes and carries out work related to training to legal service
executive authority and companies belonging to its jurisdiction,
explains the application of legislation providing legal advice on
matters within the competence of the executive body and also on behalf of his leader examines citizens' appeals, appeals and requests of deputies of Ukraine; 23) take measures to increase the level of legal knowledge executives; 24) provides in due course represent the interests of executive authority in the courts and other organs.
The
main task is the organization of the legal service legal work aimed at
proper application, compliance with laws, regulations executive body,
now, their managers and employees while performing their tasks and
functional responsibilities, as well as representing the interests of
the executive power company in court.
According
to the functional responsibilities specialist legal service should lead
to the specific economic and financial activities of an entity such
journals logbooks claims alleged in the interests of businesses and from
other businesses, logbooks related work ( alleged actions in the interests of the company and declared to the company); logbooks
execution of business contracts (if this issue is not included in the
responsibilities of economic, financial, contractual or other services);
logbook lectures, seminars, production, conferences on legal issues (copies of speeches in newspapers, magazines, radio or TV); Journal of reception of citizens and employees to consider appeals, applications and complaints on legal issues; logbook damages caused by theft entity, shortages, failure to fulfill
contractual obligations, payment of fines, penalties, epizooty animals,
elimination of overdue receivables more.A tentative list of issues studied during the verification of legal
support of enterprises, institutions or organizations may be following
list:- The general characteristics of the enterprise, institution, organization;- Structure the main activities;- Organization of legal services;- The composition of the legal service, organizational and legal basis for its activities subordination;- Compliance with paragraphs 2, 5, 16, 18-22 general provisions of the legal service, approved by the Cabinet of Ministers of Ukraine from 26.11.2008r. №1040 in the management of the legal service;- Legal service planning and control of the planned activities;- Training to legal service, exchange of experience with staff of other legal services;- The existence of the legal framework and maintain it in a state of control;- Determination of compliance with legislation adopted legal acts of
nature (orders, regulations, etc.), compliance with the established
order of their sight;- Familiarization with the organization of work for the conclusion of commercial agreements and monitoring their implementation;- Determine whether the analysis of the practice of concluding and
implementing economic agreements that measures are taken to address
existing deficiencies;- The order of the respective logbooks commercial contracts;- Analysis of claim-related work of the enterprise, institution,
organization (of registers, compliance with deadlines and filing claims
and claims, the types of claims and litigation, their validity and
outcome of the proceedings);- The measures undertaken to improve legal work;- Organization works to improve the legal knowledge workers.
Providing
legal advice is the implementation of a lawyer or legal advice
bilyayurydychnoho nature that it should be able to provide, using their
knowledge, skills, etc. of legal education and legal practice
experience. Such
legal advice could be: general advice in legal matters-more or less
important, general counsel at bilyayurydychnyh matters taken to solve
lawyers advice in business matters (business relationships and ethics of
business relations analogue relationship and common law obligations
concerning relations transactions,
in moral and ethical regulation bilyayurydychna sphere), general life
advice lawyer in the legal or bilyapravovyh issues, implementation
lawyer formal recommendation, sending people to relevant enterprises,
institutions, organizations, etc., workers, if necessary, the
implementation lawyer informal referral, recommendation Human-to representatives of certain professions, places and areas of
residence (eg to protect the identity of the perpetrators) exercise
other legal ADVISER.
Legal
and pretentious work is the work of forensic law enforcement agencies
and their employees, another robot vyrishennrya disputes with others. Labour of legal documents is to work with various documents, works well, which made working lawyers. The
subject of preliminary consideration and this article is of major job
duties that should be performed by workers in general legal expertise:
advising, providing legal advice, work with legal documents, legal and
claim work more.
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