Functionality of a lawyer in an enterprise. Job description of a legal consultant, job responsibilities of a legal consultant, sample job description of a legal consultant. The lawyer has the right

Job description of a legal consultant | Sample

Job Description of Legal Adviser

1. GENERAL PROVISIONS

1.1. The legal adviser is appointed to the position and dismissed by order of the general director.

1.2. The legal adviser reports directly to to CEO, provides legal protection of the interests of the joint-stock company (hereinafter referred to as the Company).

1.3. This position does not provide for subordinates.

1.4. In its activities it is guided by the Constitution of the Russian Federation, the Labor Code of the Russian Federation, other legislative and regulatory acts of the Russian Federation and Moscow, orders and instructions of the management of the Company and these Instructions.

1.5. During the absence of a legal adviser, his rights and obligations are transferred to another official, as announced in the order.

1.6. These instructions may be changed or supplemented in accordance with the established procedure.

2. QUALIFICATION REQUIREMENTS

2.1. Higher professional (legal) education and work experience in the specialty for at least 3 years.

2.2. Required knowledge:

legislative acts regulating the production, economic and financial activities of the Company;
methodological and regulatory materials on legal activities;
civil, labor, financial, administrative law;
tax law;
environmental legislation;
the procedure for maintaining records and preparing reports on the economic and financial activities of the Company;
the procedure for concluding and processing business contracts, collective agreements, tariff agreements;
the procedure for systematizing, recording and maintaining legal documentation using modern information technologies;
fundamentals of economics, labor organization, production and management; means of computer technology, communications and communications;
rules and regulations of labor protection.

3. OFFICIAL AND OTHER RESPONSIBILITIES

3.1. Ensuring compliance with the law in the activities of the Company and protecting its legal interests.

3.2. Carrying out legal examination of draft orders, instructions, regulations and other acts of a legal nature prepared by the Company, endorsing them, as well as participating, if necessary, in the preparation of these documents.

3.3. Taking measures to amend or repeal legal acts issued in violation of current legislation.

3.4. Organization of preparation of conclusions on legal issues arising in the activities of the Company, as well as draft regulations submitted for review by the Company.

3.5. Providing methodological guidance for legal work in the Company, clarification of current legislation and the procedure for its application, provision of legal assistance structural divisions in claims work, preparation and submission of necessary materials to judicial and arbitration authorities.

3.6. Representing the interests of the Company in court, arbitration court, as well as in state and public organizations when considering legal issues, conducting judicial and arbitration cases.

3.7. Participation in the preparation and conclusion of collective agreements, industry tariff agreements, development and implementation of measures to strengthen labor discipline, regulation of social and labor relations in the Company.

3.8. Work on analyzing and summarizing the results of consideration of claims, court and arbitration cases, as well as the practice of concluding and executing business contracts, developing proposals to improve control over compliance with contractual discipline for the supply of products, eliminating identified deficiencies and improving the production, economic and financial activities of the Company.

3.9. Preparation of materials on theft, embezzlement, shortages, production of substandard, non-standard and incomplete products, violation of environmental legislation and other offenses for transferring them to investigative and judicial authorities, taking measures to compensate for damage caused to the Company.

3.10. Participation in the development and implementation of measures to strengthen contractual, financial and labor discipline, ensuring the safety of the Company’s property.

3.11. Preparation of opinions on proposals to bring the Company’s employees to disciplinary and financial liability.

3.12. Participation in the review of materials on the status of accounts receivable in order to identify debts requiring forced collection, ensuring the preparation of opinions on proposals to write off bad debts.

3.13. Monitoring compliance in the Company with the procedure established by law for product certification, acceptance of goods and products in terms of quantity and quality.

3.14. Organization of systematic accounting, storage, introduction of adopted changes to legislative and regulations, received by the enterprise, as well as published by its director, ensuring access to them by users based on the use of modern information technologies, computer technology, communications and communications.

3.15. Ensuring that the Company's employees are informed about current legislation, as well as organizing work to study by the Company's officials the regulatory legal acts related to their activities.

3.16. Organization of provision legal assistance public organizations Companies, consulting employees on legal issues.

3.17. Execution of orders, instructions and instructions, with the exception of illegal ones.

3.18. Ensuring the safety of official and other secrets protected by law of the Russian Federation.

3.19. Maintaining the level of qualifications required to perform job duties.

3.20. Compliance with the standards of official ethics and established official routines.

3.21. Do not take actions that impede the work of the Society, or lead to undermining its authority.

3.22. Fulfillment of other requirements provided for by the legislation of the Russian Federation.

4. RIGHTS

The legal adviser has the right:

to create organizational and technical conditions for the performance of job duties provided for in this instruction;
participate in the preparation of decisions made by the Company in accordance with job responsibilities, orders and instructions;
in accordance with the established procedure, request and receive materials and information necessary for the performance of official duties;
make proposals for improving the work of the Company as a whole and its structural divisions;
improve your qualifications while maintaining your salary for your position for the entire period of study;
receive monetary remuneration for performing their official duties;
receive moral and material encouragement for exemplary performance of their official duties, and enjoy benefits provided by law.

5. RESPONSIBILITY

5.1. For non-fulfillment and improper performance of official duties, exceeding official powers, as well as for non-compliance with the provisions established by the legislation of the Russian Federation and these Instructions, a disciplinary sanction may be imposed.

5.2. In addition to the disciplinary measures provided for by the Labor Code of the Russian Federation, depending on the severity of the offense and the circumstances of its commission, other sanctions provided for by Russian legislation may be applied.

6. WORKING CONDITIONS

6.1. The legal consultant's work schedule is determined in accordance with the Internal Labor Regulations established by the Company.

6.2. Due to production needs, the legal consultant may travel to business trips(including local significance).

I have read the instructions: _____________________ ____________________________

This instruction has been developed in accordance with the requirements of ST RK ISO 9001 and is a document of the quality management system.

The instructions establish the powers and responsibilities of a lawyer in the legal department (LD) in working on the legal support of an enterprise.

1. General part

1.1. This job description defines the functional, job responsibilities, rights and responsibilities of an enterprise lawyer.

1.2. A lawyer is appointed to a position and dismissed from his position by order of the director of the enterprise on the recommendation of the head of the South Ossetia.

1.3. The lawyer reports directly to the head of the South Ossetia.

1.4. In his activities, a lawyer is guided by:

The current legislation of the Republic of Kazakhstan (RK), Decrees of the President of the RK, decrees of the Government of the RK;

Regulations on South Ossetia;

Documents of the quality management system (QMS);

Orders and instructions of the director of the enterprise;

Internal labor regulations of the enterprise;

This job description;

Safety regulations (HS), fire safety(PB), labor protection requirements (OHS) and industrial sanitation standards (OS).

1.5. Persons with a higher legal education can be appointed to the position of lawyer.

2. Responsibilities

The lawyer is obliged:

2.1. Develop or take part in the development of legal documents.

2.2. To prepare, together with other departments of the enterprise, materials on theft, embezzlement, shortages and other offenses for transferring them to the court, investigative and judicial authorities, to record and store court cases in progress and completed execution.

2.3. Participate in the development and implementation of measures to strengthen contractual, financial and labor discipline, and ensure the safety of the enterprise’s property.

2.4. Conduct a study and analysis of the practice of concluding and executing business contracts in order to develop proposals to eliminate identified shortcomings and improve the economic and financial activities of the enterprise.

2.5. In accordance with the established procedure, draw up materials on bringing employees to disciplinary and financial liability.

2.6. Take part in the work on concluding business contracts, conducting their legal examination, as well as considering issues of receivables and payables from bailiffs.

2.7. Register and store concluded contracts.

2.8. Take part in the consideration of claims, generalize the practice of handling claims, represent the interests of the enterprise when considering cases in court.

2.9. Monitor the timeliness of submission by structural divisions of the enterprise of certificates, calculations, explanations and other materials for preparing responses to claims, for preparing claims in court.

2.10. Prepare, together with other departments of the enterprise, proposals for changing existing or canceling orders that have lost force and other acts issued at the enterprise.

2.11 Carry out work on systematic recording and storage of current legislative regulations, prepare reference documentation based on the use of modern information technologies and computing tools.

2.12. Provide opinions on legal issues arising in the activities of the enterprise.

2.13. Comply with the requirements of the QMS documents.

2.14. Comply with the requirements of instructions and rules of health, safety, industrial safety and PS standards.

2.15. Inform the employees of the enterprise about the current legislation of the Republic of Kazakhstan and changes in it, familiarize the officials of the enterprise with the regulatory legal acts related to their activities.

2.16. Carry out other actions on behalf of the management of the enterprise.

2.17. Maintain a register of contracts and constantly update it.

3. Rights

A lawyer from South Ossetia has the right:

3.1. Get acquainted with the draft decisions of the enterprise management concerning its activities.

3.2. Submit for consideration by management proposals to improve the activities of the enterprise on issues within its competence, proposals for adjusting QMS documents.

3.3. Sign and endorse documents within your competence.

3.4. Make decisions within your competence.

3.5. Require the management of the enterprise to provide assistance in the performance of their official duties and rights.

3.6. Give instructions and tasks to employees and services (divisions) of the enterprise on a range of issues included in their functional responsibilities.

3.7. Participate in the development of QMS documents.

3.8. Require the relevant structural divisions of the enterprise to provide information and documents necessary to carry out activities within its competence.

3.9. Involve, with the consent of the heads of structural units, employees of these structural units and other employees to jointly prepare draft documents and perform the tasks and functions assigned to them.

3.10. Represent the interests of the enterprise on issues related to the lawyer’s production activities.

4. Responsibility

The lawyer is responsible for, within the limits determined by the current administrative, labor, civil and criminal legislation of the Republic of Kazakhstan, for:

4.1. Failure to fulfill one's official duties as provided for in this job description.

4.2. Failure to comply with the requirements of QMS documents.

4.3. The quality, reliability and correctness of the documents prepared by him and/or agreed upon by him, as well as for the reliability of the information provided by him to government bodies, structural divisions and management of the enterprise.

4.4. Offenses committed in the course of carrying out their activities.

4.5. Causing material damage.

4.6. Failure to comply with the internal labor regulations of the enterprise, rules and instructions of HSE, industrial safety, occupational safety and security standards.

4.7. Failure to comply with the obligation of non-disclosure of trade secrets.

According to the job description, a lawyer in an organization is a generalist, so the duties of a legal adviser cover a wide range of issues. He needs to draw up contracts, prepare statements of claim, be able to work with staff, and skillfully represent the interests of the enterprise in arbitration courts. Due to the wide demand in the labor market, legal professions are very popular among school graduates who annually apply for admission to law school.

Who is a legal adviser

Even taking into account the wide range of responsibilities, you can try to define in one phrase the specifics of the work of this specialist. He provides legal services to the organization, resolving all legal issues and ensuring compliance with legislative norms. It turns out that a legal adviser is one of the most knowledgeable employees on what is happening within the company. Naturally, for this he needs to have a higher specialized education, constantly improve his qualifications, becoming familiar with the latest legislation.

What does he do?

In most organizations, the legal adviser reports directly to the director of the organization and is appointed by him, which is extremely convenient from the point of view of subordination, because at the same time he can be completely free in his actions and decisions. In large enterprises where there is a separate legal service, his immediate superior will be the head of this department. The issues dealt with by a legal adviser can be classified as: the following directions:

Legal support external activities company – representation of its interests in third-party institutions (public organizations), registration statements of claim, legal examination of projects or incoming documentation, etc.
Compliance with legal interests in internal work - legal assistance to structural divisions of the enterprise, consultations with employees on new legislative changes, development of regulatory documentation, work with contracts.

What functions does it perform?

The specifics of the work influence the functions performed, and the job description of the leading legal adviser large enterprise will differ from the same document drawn up for his colleague from a charity organization. But this concerns only the details of the work; the main responsibilities of the legal adviser will be the same in both cases. The functions performed include:

Registration – registration legal entities, compliance of statutory documents legislative changes, legal basis work.
Controlling - the duties of the legal adviser include approving documents (contracts) received by the director for signature.
Negotiable – development of new and storage existing agreements, maintaining a general contractual database for the enterprise.
Personnel – checking the legality of bringing employees to disciplinary liability, compliance of salaries with the employee’s length of service at the enterprise, providing assistance to the personnel department on legal issues.
Representative – representing the interests of the organization in different structures.

Job Descriptions of a Legal Adviser

Although the duties of legal advisers for different types organizations will differ, the basic form of the job description will be the same. This instruction includes:

General provisions– the specialist’s place in the organization’s structure and the documents that guide his work are determined.
Job responsibilities - this section contains a description of who this employee should do and what.
Rights - this describes what an employee can do to implement the responsibilities assigned to him.
Responsibility – the consequences of improper execution of official assignments are considered.

In a budget institution

Job description of a legal consultant budgetary institution provides all the features of such work. The competence of this specialist should concern a good knowledge of civil legislation, the peculiarities of concluding various types of non-commercial agreements (donations, assignments, etc.), conducting public procurement and the peculiarities of taxation.

In a government organization

Responsibilities of a legal adviser public service imply good knowledge of legislation, because such work includes interaction not only with budgetary or public authorities, but also with commercial organizations. Often such a specialist has to analyze identified shortcomings in subordinate organizations or document the results of monitoring.

In a private enterprise

Depending on the size of the company, there may be one specialist or an entire legal service working here. One of the main responsibilities of a legal adviser is manufacturing plant are: participation in business negotiations, implementation of planned management tasks, development of a legal basis for compliance with labor protection conditions. He must also keep records using a database of contracts and other internal documents.

In the bank

Legal support for the activities of a credit organization requires excellent knowledge of the legislation on financial activities and the latest changes in this area. The responsibilities of a banking legal adviser include participation in litigation (for example, on unpaid loans), and he must also monitor the implementation of adopted decisions. In addition, he needs to carry out legal examination of incoming documentation.

At the notary's office

In this case, the duties of a legal specialist often involve not only receiving clients and consulting (including by telephone or e-mail), but also support of transactions under concluded contracts. This specialist must also draw up project documentation for subsequent notarization and correctly fill out the register for registration.

What knowledge and skills should you have?

In addition to the basic legal knowledge that is given at the law faculty of a university, the responsibilities of a legal adviser include specialization in relevant legislation (for example, when working in a bank, he must be a specialist in credit law). It would be quite natural to require ownership of a personal computer and specialized software(“Consultant Plus”, “Express”, etc.).

Among other skills, employers prioritize competent oral and written communication. There is nothing surprising here, given that such a specialist has to draw up official documentation and represent the organization in the authorities state power or speak at court hearings. Attentiveness and perseverance will be a good help in his work, because he has to review a lot of legislative acts. Since this profession involves participation in negotiations, communication skills and stress resistance will also not be superfluous.

Functional responsibilities of a lawyer in an organization

If we define the main responsibilities of a legal consultant, then regardless of the type of organization where he works, they will be the same. This may include:

implementation legal activity;
drafting regulatory documents;
legal assistance to management and employees;
protecting the interests of the employer;
preparation of recommendations for improving the organization’s activities;
development of documents on actions to cause material damage;
monitoring of legislative norms in the field of commercial law.

Organization of legal activities

The basic specialization of an employee depends on the area in which the organization operates ( budgetary sphere, production, trade, etc.), but in any case, the legal adviser must ensure that the company’s activities do not contradict current legislation. This specialist will be indispensable when drawing up contracts, where he can make proposals for beneficial changes. Together with the director, he participates in the preparation of orders for personnel, and, if necessary, accompanies the manager during a business trip to urgently resolve issues that arise.

Drawing up legal documents regulating the activities of the enterprise

Responsibilities in this area begin with the very basics of the company - the charter documents and registration issues. Another important area is the internal regulations governing the work of each employee. Since the work of a legal specialist involves solving a variety of problems, in addition to basic specialization, a legal adviser must have a good knowledge of Civil and Labor codes to consult company employees on legal issues or draw up contracts with them.

Legal assistance in drawing up and filling out documents

One of important responsibilities The legal adviser is responsible for maintaining the contractual database of the enterprise - if errors are detected (for example, the date was not entered or all signatures were not collected), he takes measures to eliminate the inaccuracies. In addition to drafting contracts, a legal specialist participates in the preparation of official reports, business letters or certificates for other organizations, it is also indispensable when conducting departmental audits.

Protecting the interests of the employer in court and authorities

When working with claims, the duty of a legal consultant is to comply with the pre-arbitration procedure for resolving disputes under contracts (regardless of whether the organization acts as a plaintiff or defendant). He independently prepares claims materials or copies of statements regarding claims of another company in order to effectively represent the interests of the employer in court. Interaction with authorities is also the responsibility of a legal specialist - for example, it may be necessary to prepare information about the activities of an organization at the request of the prosecutor’s office.

Analysis and development of recommendations for improving business activities

When working with business agreements, the company’s legal specialist not only develops their drafts and coordinates them with the director, but also checks the options offered by counterparties for compliance with current legislation. If necessary, the legal adviser carries out notarial registration. Correct execution of contractual work reduces the number of claim disputes, which makes the organization’s activities more efficient.

Preparation of documents on actions to cause material damage

Participation in inventory or internal control may also be the responsibility of a legal specialist if the manager appoints him as the responsible person. At the same time, the legal adviser analyzes the reports and incoming characteristics provided to him by the accounting department, then conveying the information to the manager. Legally competent inspection results must contain:

What documents and reports does a legal adviser prepare?

Due to the nature of his activity, this employee can draw up a variety of types of legal documentation (which is why he needs to have a good understanding of the rules for drawing up these business papers). Depending on the situation, these may be drafts and final options:

contracts;
instructions;
orders;
provisions;
certificates;
reports for government authorities;
statements;
applications.

Video

The job description is not included in the package of documentation that enterprises and organizations must have. Nevertheless, this is a very important document, which essentially defines the list of labor duties, rights and responsibilities of all employees, including lawyers. Sometimes, in the event of disagreements and conflicts between an employer and a subordinate, job descriptions become evidentiary documents in courts.

Who develops the document

Document development may be the responsibility of the head of the legal department, specialist personnel service or the secretary of the organization. But regardless of who works on the job description, it must be certified by the head of the enterprise.

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Main features of filling

The document does not have uniform sample– different companies use different forms, but there is still a certain standard for filling it out. As a rule, a job description is divided into several sections:

"General Provisions"
"Responsibilities",
"Rights",
"Responsibility".

If necessary, this list can be supplemented with other items, for example, “Working conditions”, “Signature authority”, etc.

The document is drawn up in a single copy, which must be signed by the employee holding the position of lawyer, as well as his immediate superior and the head of the company. If there are several lawyers in an organization, then their job descriptions may differ to some extent from each other, since in this case the possibility of duplicating the same functions is excluded.

It is not necessary to put a stamp on the document, since it relates to the internal document flow of the enterprise (in addition, since 2016, legal entities, like individual entrepreneurs previously, may not use stamps and seals in their work).

Sample of filling out a job description for a lawyer

First, its name is written at the top of the document, then several lines are allocated on the right side for approval by the head of the organization. Here you need to enter his position, full name of the company, last name, first name, patronymic, and also leave a line for signature with a mandatory decoding.

General provisions

First of all, there is a section called “ General provisions", where it fits in, what category of employees the lawyer belongs to (specialist, manager, technical staff, etc.).
Then it is indicated who and by what right replaces this employee during the period of his absence from the workplace (without indicating specific names), as well as on the basis of what document the lawyer is appointed and dismissed (director’s order, order, etc.).
Next, the document contains requirements for the level of qualifications, education, experience and length of service that this employee must meet, as well as the person to whom he directly reports in this particular organization (again, without specifying names).
After this, all types of law (administrative, economic, civil, etc.), regulations, methodological manuals, rules, orders with which a lawyer must be familiar on duty.
Among other things, there are standards and forms for filling out documents accepted by the organization, the obligation to know safety rules, labor protection and internal regulations, familiarity with office equipment, etc.
Lastly, a list of documents is included here that the lawyer must follow in his work.

Job responsibilities of a lawyer

Next comes the section “ Job responsibilities”, which carefully spells out all the functions and tasks the solution of which is within the competence of the lawyer. Responsibilities should be described in as much detail as possible, taking into account work time employee and his regime, in order to avoid excessive or, on the contrary, insufficient workload..

Lawyer's rights

To the section " Rights» includes the powers vested in a lawyer for the purpose of the most fruitful and effective performance of the duties assigned to him, including the ability to take initiative, demand certain conditions labor and make various constructive proposals. His right to interact with the company’s management, all its divisions and specialists when such a need arises is also specifically indicated.

Lawyer's liability

Chapter " Responsibility"contains a clear list of violations and offenses that may result in disciplinary action. In one of the paragraphs, you can separately indicate that all applicable requirements, as well as possible enforcement measures, are within the framework of the legislation of the Russian Federation.

At the end, the job description must be agreed upon with the person who is responsible for compliance with the norms and rules specified in the document (this may be the lawyer’s immediate superior, the head of the personnel department, etc.). Here you should enter his position, company name, last name, first name, patronymic, and also put a signature with a transcript.

In the next line you need to indicate information about the lawyer himself: his full last name, first name, patronymic, again the name of the organization, passport details, signature and date of review of the document.

The reader involuntarily gets a feeling about the signatory who has printed his reasons by reading the text and its meaning. In reality, the document is a reflection of the essence of the person applying. This happens in very important places if the decision is formed from mental conviction. It’s worth getting the required form from a lawyer. good money. The reason is the absence of defects is a very important service.

For specialists without higher education You can work as a legal consultant, but it is advisable to have at least 3 years of work experience. Any enterprise needs professionals who can accurately carry out assigned tasks.

Responsibilities of a lawyer in an enterprise

According to a trend that has continued in recent years, it is increasingly difficult for young specialists with a higher legal education to find employment in their specialty. This is due to an oversupply of personnel in the field of jurisprudence, but the demand for professionals in their field does not cease to grow.

The goals and objectives of jurisprudence in any self-respecting company are to implement the law within the company and to comply with it when signing contracts between companies. Today, almost every company has a group of lawyers defending the interests of the company. Special attention focuses on labor, civil and administrative legislation.

The main task of a lawyer at an enterprise is to prepare contracts and explain to the manager all the subtleties and “rough edges” of the law on this issue. Any company is interested in entering the international level in order to increase profits. To conclude a deal with foreign partners, a lawyer must know the intricacies of the language in which the contract is concluded. If you doubt your linguistic knowledge, a lawyer should turn to professionals. High-quality and inexpensive translation from/to 90 languages can help him with this. Lawyers in the company, in addition to working with contracts, communicate with clients, respond to their complaints, and are ready to protect the interests of the company in court.

Still, whatever the role of a lawyer in an enterprise, he does not make independent decisions, he only “chews” everything to the boss, who signs or does not sign the contract.

Specialists without higher education can work as a legal adviser, but it is advisable to have at least 3 years of work experience. Any enterprise needs professionals who can accurately carry out assigned tasks.

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Job description of a legal consultant (lawyer)

1. GENERAL PROVISIONS

1.1. This job description defines the functional duties, rights and responsibilities of the Legal Adviser at the enterprise.

1.2. The legal adviser is appointed to the position and dismissed from the position in the established current labor legislation order by order of the director of the enterprise.

1.3. The legal adviser reports directly to __.

1.4. The position of Legal Adviser of the enterprise is accepted individual with a higher professional (legal) education and at least one year of work experience in the specialty.

1.5. A legal adviser should know:

Legislative acts regulating the production, economic and financial activities of the enterprise;

Methodological and regulatory materials on legal activities;

Civil, labor, financial, administrative law;

Tax law;

Environmental legislation;

The procedure for concluding and formalizing business contracts, collective agreements, tariff agreements;

The procedure for systematizing, recording and maintaining legal documentation using modern information technologies;

Fundamentals of economics, labor organization, production and management; means of computer technology, communications and communications;

Labor protection rules and regulations.

1.6. During the period of temporary absence of the Legal Adviser, his duties are assigned to ___.

2. FUNCTIONAL RESPONSIBILITIES

Legal adviser at the enterprise:

2.1. Performs work to comply with the law in the activities of the enterprise and protect its legal interests.

2.2. Carries out a legal examination of draft orders, instructions, regulations, standards and other acts of a legal nature prepared at the enterprise, endorses them, and also participates, if necessary, in the preparation of these documents.

2.3. Takes measures to amend or cancel legal acts of the enterprise issued in violation of current legislation.

2.4. Organizes the preparation of opinions on legal issues arising in the activities of the enterprise, as well as draft regulations submitted to the enterprise for review.

2.5. Represents the interests of the enterprise in court, arbitration court, as well as in state and public organizations when considering legal issues, conducts judicial and arbitration cases.

2.6. Participates in the preparation and conclusion of collective agreements, industry tariff agreements, development and implementation of measures to strengthen labor discipline, regulation of social and labor relations at the enterprise.

2.7. Conducts work on analyzing and summarizing the results of consideration of claims, judicial and arbitration cases, as well as the practice of concluding and executing business contracts, developing proposals for improving control over compliance with contractual discipline for the supply of products, eliminating identified deficiencies and improving production and economic performance. financial activity of the enterprise.

2.8. Participates in the development and implementation of measures to strengthen contractual, financial and labor discipline, and ensure the safety of the enterprise’s property.

2.9. Prepares conclusions on proposals to bring employees of the enterprise to disciplinary and financial liability. Participates in the review of materials on the status of accounts receivable in order to identify debts requiring forced collection, ensures the preparation of conclusions on proposals to write off bad debts.

2.10. Monitors compliance at the enterprise with the procedure for product certification established by law, acceptance of goods and products in terms of quantity and quality.

2.11. Organizes systematic accounting, storage, introduction of adopted changes to legislative and regulatory acts received by the enterprise, as well as issued by its head, provides access to them for users based on the use of modern information technologies, computer technology, communications and communications.

2.12. Provides information to employees of the enterprise about current legislation, as well as organization of work to study by officials of the enterprise the regulatory legal acts related to their activities.

2.13. Organizes the provision of legal assistance to public organizations of the enterprise, consulting employees on legal issues.

A legal adviser at an enterprise has the right:

3.1. Give employees of the enterprise instructions and tasks on a range of issues included in their functional responsibilities.

3.2. Monitor the implementation of planned tasks and work, timely completion of individual orders and tasks by employees of the enterprise.

3.3. Request and receive necessary materials and documents related to the activities of the Legal Adviser.

3.4. Enter into relationships with departments of third-party institutions and organizations to resolve issues within the competence of the Legal Adviser.

3.5. Represent the interests of the enterprise in the arbitration court and court of general jurisdiction, in government bodies, third-party institutions and organizations, public organizations on issues of legal protection of the interests of the enterprise.

4. RESPONSIBILITY

The legal adviser at the enterprise is responsible for:

4.1. Results and efficiency of the enterprise related to legal issues.

4.2. Failure to fulfill one's functional duties.

4.3. Failure to comply with orders, instructions and instructions from the director of the enterprise.

5. WORKING CONDITIONS

5.1. The Legal Adviser's work schedule is determined in accordance with the internal labor regulations established at the enterprise.

5.2. Due to operational needs, the Legal Adviser may go on business trips (including local ones).

5.3. To resolve operational issues related to ensuring the production activities of the enterprise, the Legal Adviser may be allocated company vehicles.

6. SCOPE OF ACTIVITY

6.1. The exclusive sphere of activity of the Legal Adviser at the enterprise is legal support for the activities of the enterprise and the protection of its interests.

6.2. To ensure his activities, the legal adviser is given the right to sign organizational and administrative documents on issues included in his functional responsibilities.

I have read the instructions: _

Job description of an enterprise lawyer

I. General provisions

1. The company’s lawyer belongs to the category of specialists.

2. A person with a higher legal education and work experience as a legal adviser of at least ____ (3 years; 4 years; etc.) is appointed to the position of corporate lawyer.

3. An enterprise lawyer must know:

Regulatory and methodological materials regulating the production and economic activities of the enterprise.

Profile, specialization and features of the enterprise structure.

Civil, entrepreneurial, commercial, administrative, labor, financial, tax, and other areas of legislation.

Arbitration procedural, civil procedural law, fundamentals of criminal procedural law.

Standards for paperwork based on legal documents.

Structure government agencies, organs local government, judicial authorities.

The procedure for systematizing, recording and maintaining legal documentation using modern information technologies.

Administration Basics.

Ethics of business communication.

Economics and organization of production, labor and management.

Fundamentals of labor legislation.

Labor protection rules and regulations.

4. Appointment to the position of a lawyer and dismissal from the position are made by order of the head of the enterprise.

5. A corporate lawyer reports directly to the head of the enterprise.

6. During the absence of a lawyer (business trip, vacation, illness, etc.), his duties are performed by a person appointed in the prescribed manner.

7. This person acquires the corresponding rights and bears responsibility for the improper performance of the duties assigned to him

II. Job responsibilities of an enterprise lawyer

Enterprise lawyer:

1. Carries out the development of constituent documents; ensures registration of legal entities, issues of valuable shares, amendments to constituent documents; coordinates the work on maintaining shareholder registers (by third-party organizations); determines the legal basis of the enterprise’s bodies (develops provisions on the powers General meeting, about the board of directors, about the board, about audit commission, etc.); develops regulations on transactions related to the acquisition or alienation of property; coordinates transactions with shares of the enterprise; determines the legal basis for the dividend policy at the enterprise and coordinates it.

2. Organizes work: to provide the enterprise with laws, regulations legal documents necessary for the activities of the enterprise; on accounting and maintenance of databases of regulatory legal acts.

3. Provides divisions of the enterprise and individual specialists with the regulatory legal acts necessary for them to carry out their functions and responsibilities.

4. Carries out: checking the compliance with the legislation of draft orders, instructions, regulations and other legal documents submitted to the head of the enterprise for signature; checking compliance with the stages of approval of draft documents with responsible employees; approval of draft documents; issuing orders to responsible employees of the enterprise to amend or cancel acts caused by changes in federal legislation.

5. Conducts contractual work at the enterprise:

Determines the forms of contractual relations;

Develops draft agreements;

Checks compliance with legislation of draft contracts submitted to the enterprise by counterparties;

Takes measures to resolve disagreements on draft agreements;

Provides notarization or state registration certain types of contracts.

6. Analyzes contractual work at the enterprise, develops programs for its revision and change, checks the status of contractual work in the structural divisions of the enterprise.

7. Conducts claims work at the enterprise:

Provides accounting of claims received from counterparties and their consideration;

Prepares responses to received claims and makes draft decisions on satisfaction or refusal to satisfy received claims;

Prepares claims to counterparties, sends them to counterparties and monitors the satisfaction of claims sent to counterparties.

8. Conducts claim work:

Takes measures to comply with the pre-arbitration procedure for resolving contractual disputes;

Prepares statements of claim and materials and submits them to arbitration courts;

Examines copies of statements of claim regarding claims against the enterprise;

Provides maintenance of a data bank on claim work;

Represents the interests of the enterprise in arbitration courts;

9. Prepares applications, applications and other documents to obtain licenses and permits necessary for the activities of the enterprise.

10. Participates in the development of documents related to issues of ensuring the safety of the enterprise’s property (liability agreements; instructions establishing the procedure for receipt and acceptance at the enterprise material assets, accounting for their movement; instructions for accounting for the release and release of finished products).

11. Verifies the legality of the dismissal and transfer of employees, and the imposition of disciplinary sanctions on them.

12. Represents the interests of the enterprise during inspections carried out at the enterprise by state control and supervisory authorities for the purpose of legal control over compliance with procedural actions by inspectors, the validity and correctness of the inspectors’ conclusions, registration of inspection results and the preparation of procedural documents.

13. Represents on behalf of the enterprise in state supervisory authorities authorized to consider cases of administrative offenses identified at the enterprise; prepares and sends complaints against the actions of officials of state supervisory authorities, against administrative penalties unlawfully imposed on the enterprise.

14. Provides written and oral consultation to employees of the enterprise on various legal issues, provides legal assistance in drawing up legal documents.

III. Rights of an enterprise lawyer

A corporate lawyer has the right:

1. Request and receive from structural divisions information, reference and other materials necessary to perform the duties provided for in this Job Description.

2. Conduct independent correspondence with state, municipal and judicial authorities on legal issues.

3. Represent the enterprise in the prescribed manner in government bodies, other institutions and organizations on legal issues.

4. Give structural units and individual specialists mandatory instructions on legal issues.

5. Take measures when violations of the law are detected at the enterprise and report these violations to the head of the enterprise to bring those responsible to justice.

6. In agreement with the head of the enterprise, attract experts and specialists in the field of law for consultations, preparation of opinions, recommendations and proposals.

7. Get acquainted with the documents defining his rights and responsibilities for his position, the criteria for assessing the quality of performance of official duties.

8. Submit proposals for improvement of work related to the responsibilities provided for in these Instructions for consideration by management.

9. Require the management of the enterprise to provide organizational and technical conditions and prepare the established documents necessary for the performance of official duties.

IV. Responsibility of a company lawyer

A corporate lawyer is responsible for:

1. For improper performance or failure to fulfill one’s official duties provided for by this Job Description, within the limits established by the current labor legislation of the Russian Federation.

2. For offenses committed in the course of their activities - within the limits established by the current administrative, criminal and civil legislation of the Russian Federation.

3. For causing material damage to the enterprise - within the limits established by the current labor and civil legislation of the Russian Federation.