пʼятниця, 29 січня 2016 р.

Some of carrying out legal work of providing legal advice, work with legal documents and legal-claim work

     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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