Job responsibilities of the legal adviser of the investigator. Procedure for development and approval, sample job description

  • 21.09.2019

I APPROVED
General manager
Last name I.O.________________
"________"_____________ ____ G.

1. General provisions

1.1. The company's lawyer belongs to the category of specialists.
1.2. A person with a higher legal education and at least 3 years of experience as a legal adviser is appointed to the position of corporate lawyer.
1.3. A company lawyer should know:
- Regulatory and teaching materials regulating production economic activity enterprises.
- 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 of paperwork for legal documents.
- The structure of state bodies, local governments, judicial bodies.
- The procedure for systematizing, recording and maintaining legal documentation using modern information technology.
- Basics of administration.
- Ethics business communication.
- Economics and organization of production, labor and management.
- Fundamentals of labor legislation.
- Labor protection rules and regulations.
1.4. Appointment to the position of a lawyer and dismissal from the position are made by order of the head of the enterprise.
1.5. A corporate lawyer reports directly to the head of the enterprise.
1.6. During the absence of a lawyer (business trip, vacation, illness, etc.), his duties are performed by a person appointed in accordance with the established procedure.
1.7. This person acquires the corresponding rights and bears responsibility for the improper performance of the duties assigned to him.

2. Job responsibilities

2.1. Carries out development constituent documents; provides registration legal entities, emissions valuable shares, amendments to constituent documents; coordinates the work on maintaining shareholder registers (by third-party organizations); defines legal basis bodies of the enterprise (develops regulations on the powers General meeting, about the board of directors, about the board, about the 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.
2.2. Organizes work: to provide the enterprise with laws, regulatory legal documents necessary for the implementation of the enterprise’s activities; on accounting and maintenance of databases of regulatory legal acts.
2.3. Provides divisions of the enterprise and individual specialists with the regulatory legal acts necessary for them to carry out their functions and responsibilities.
2.4. Carries out:

Checking compliance with the law of draft orders, instructions, regulations and other legal documents submitted to the head of the enterprise for signature;

Verification of 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.
2.5. Conducts contract work at the enterprise:
- determines the forms of contractual relations;
- develops draft agreements;
- checks compliance with the legislation of draft contracts submitted to the enterprise by counterparties;
- takes measures to resolve disagreements on draft agreements;
- provides notarization or state registration of certain types of contracts.
2.6. 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.
2.7. Conducts claims work at the enterprise:
- ensures 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.
2.8. Conducts claim work:
- takes measures to comply with the pre-arbitration procedure for resolving contractual disputes;
- prepares statements of claim and materials and transfers them to arbitration courts;
- examines copies of statements of claim regarding claims against the enterprise;
- ensures maintenance of a data bank on claim work;
- represents the interests of the enterprise in arbitration courts;
2.9. Prepares applications, statements and other documents to obtain licenses and permits necessary for the activities of the enterprise.
2.10. Takes part in the development of documents related to issues of ensuring the safety of enterprise property (agreements on financial liability; 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).
2.11. Verifies the legality of the dismissal and transfer of employees, and the imposition of disciplinary sanctions on them.
2.12. 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.
2.13. Represents on behalf of the enterprise in state supervisory authorities authorized to consider cases of administrative offenses detected at the enterprise; prepares and sends complaints against the actions of officials of state supervisory authorities, against administrative penalties unlawfully imposed on the enterprise.
2.14. Provides written and oral consultation to company employees on various legal issues, provides legal assistance in drawing up legal documents.

3. Rights

3.1. Request and receive from structural units information, reference and other materials necessary to perform the duties provided for in this Job Description.
3.2. Conduct independent correspondence with state, municipal and judicial authorities on legal issues.
3.3. Represent the enterprise in the authorities in accordance with the established procedure state power, other institutions and organizations on legal issues.
3.4. Giving structural divisions and for individual specialists, mandatory instructions on legal issues.
3.5. 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.
3.6. 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.
3.7. Get acquainted with the documents defining his rights and responsibilities for his position, criteria for assessing the quality of performance job responsibilities.
3.8. Submit proposals for improvement of work related to the responsibilities provided for in these Instructions for consideration by management.
3.9. Require the management of the enterprise to provide organizational and technical conditions and prepare the established documents necessary for the performance of official duties.

4. Responsibility

4.1. For improper performance or failure to fulfill one’s official duties as provided for in this Job Description, within the limits established by the current labor legislation of the Russian Federation.
4.2. 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.
4.3. For causing material damage to the enterprise - within the limits established by the current labor and civil legislation of the Russian Federation.

Name of organization APPROVED JOB Title of position INSTRUCTIONS of the head of the organization _________ N ___________ Signature Explanation of signature Place of compilation Date LEGAL CONSULT

1. GENERAL PROVISIONS

1. A legal adviser belongs to the category of specialists, is hired and dismissed by order of the head of the organization on the recommendation of ____________________.

2. A person who has a higher professional (legal) education without requirements for work experience or a secondary specialized (legal) education and work experience in positions filled by specialists with a secondary specialized (legal) education of at least 3 years is appointed to the position of legal adviser.

A person with a higher legal education and work experience as a legal consultant of at least 3 years is appointed to the position of legal adviser of category II.

A person with a higher legal education and work experience as a legal consultant of category II for at least 3 years is appointed to the position of legal adviser of category I.

3. In his activities, the legal adviser is guided by:

Current legislation;

Regulations on the legal department;

Charter of the organization;

Rules labor regulations;

Orders and instructions of the director of the organization (immediate supervisor);

This job description.

4. A legal adviser must know:

Regulatory legal documents, methodological and regulatory materials on legal activities organizations;

Civil, labor, financial, administrative law;

Tax legislation;

Environmental legislation;

The procedure for maintaining records and reporting on the economic and financial activities of the organization;

The procedure for concluding and registering economic, 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;

Computer technology, communications and communications;

Rules and regulations of labor protection and fire safety.

5. During the absence of a legal adviser, his duties are performed in the prescribed manner by an appointed deputy, who bears full responsibility for the proper performance of the duties assigned to him.

2. JOB RESPONSIBILITIES

6. To perform the functions assigned to him, the legal adviser is obliged to:

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

6.2. Provide methodological guidance to legal work in the organization, provide legal assistance to structural divisions and public organizations in the preparation and execution of various types of legal documents, participate in the preparation of substantiated responses when claims are rejected.

6.3. Prepare, together with other divisions of the organization, materials on theft, embezzlement, shortages, production of substandard, non-standard and incomplete products, violation of environmental legislation and other offenses for transferring them to the arbitration court, investigative and judicial authorities, record and store those in production and completed execution of judicial and arbitration cases.

6.4. Participate in the development and implementation of measures to strengthen contractual, financial and labor discipline, ensuring the safety of the organization’s property.

6.5. Conduct study, analysis and generalization of the results of consideration of claims, court and arbitration cases, the practice of concluding and executing business contracts in order to develop proposals for eliminating identified shortcomings and improving the economic and financial activities of the organization.

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

6.7. Take part in the work on concluding business contracts, conducting their legal examination, developing the terms of collective agreements and industry tariff agreements, as well as considering issues of receivables and payables.

6.8. Monitor the timeliness of submission by structural units of certificates, calculations, explanations and other materials for preparing responses to claims.

6.9. Prepare, together with other departments, proposals for changing existing or canceling expired orders and other regulations issued in the organization.

6.10. Carry out work on systematic recording and storage of current legislative normative acts, make notes on their repeal, changes and additions, prepare reference documentation based on the use of modern information technologies and computing tools.

6.11. Take part in the preparation of opinions on legal issues arising in the activities of the organization, draft regulations submitted for review.

6.12. Inform employees of the organization about current legislation and changes in it, familiarize officials of the organization with regulatory legal acts related to their activities.

6.13. Consult employees of the organization on organizational, legal and other legal issues, prepare opinions, assist in the preparation of documents and acts of a property and legal nature.

6.14. Provide assistance and cooperation with the employer in ensuring healthy and safe working conditions, immediately report to the immediate supervisor about each case of industrial injuries and occupational diseases, as well as emergency situations that pose a threat to the health and life of him and others, discovered deficiencies and violations of safety labor.

6.15. Take the necessary measures to limit the development of the emergency situation and eliminate it, provide first aid to the victim, take measures to call an ambulance, emergency services, and fire brigade.

Note: If the organization does not have an independent legal department, the legal adviser is assigned the functions provided for in the job description of the head of the department, with the exception of responsibilities for managing subordinates.

3. RIGHTS

7. The legal adviser has the right:

7.1. Get acquainted with draft decisions of the organization’s management relating to its activities.

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

7.3. Receive from heads of structural divisions, specialists information and documents necessary to perform their job duties.

7.4. Involve specialists from all structural divisions of the organization to resolve the responsibilities assigned to him (if this is provided for by the regulations on structural divisions, if not, with the permission of the head of the organization).

7.5. Require the management of the organization to provide assistance in the performance of their official duties and rights.

7.6. Take part in the discussion of labor safety issues submitted for consideration at meetings (conferences) labor collective(trade union organization).

4. RELATIONSHIPS (JOB RELATIONS)
8. The legal adviser reports to __________________________________________ __________________________________________________________________________. 9. The legal adviser interacts on issues within his competence with employees of the following structural divisions of the organization: - with _________________________________________________________________: receives: ________________________________________________________________________________; represents: ________________________________________________________________________________; - from _________________________________________________________________: receives: ________________________________________________________________________________; represents: __________________________________________________________________________.
5. PERFORMANCE EVALUATION AND RESPONSIBILITY

10. The work of the legal consultant is assessed by the immediate supervisor (other official).

11. The legal adviser is responsible for:

11.1. For failure to perform (improper performance) of one’s job duties as provided for in this job description - within the limits determined by the current labor legislation of the Republic of Belarus.

11.2. For offenses committed in the course of carrying out their activities - within the limits determined by the current administrative, criminal and civil legislation of the Republic of Belarus.

11.3. For causing material damage - within the limits determined by the current labor, criminal and civil legislation of the Republic of Belarus.

11.4. For failure to comply with the rules and regulations of labor protection, safety precautions, industrial sanitation and fire protection - in accordance with the requirements of regulatory legal acts of the Republic of Belarus and local acts in _____________________.

Name of the position of the head of the structural unit _________ _______________________ Signature Explanation of signature Visas I have read the instructions _________ _______________________ Signature Explanation of signature _______________________ Date













JOB DESCRIPTION FOR LAWYER

I approve




00.00.201_g.
m.p.
JOB DESCRIPTION FOR LAWYER OF THE LEGAL DEPARTMENT
——————————————————————-
(name of institution)
00.00.201_g. №00
1. General provisions
1.1. This job description defines the rights, duties and responsibilities of the lawyer of the legal department of _____________________ (hereinafter referred to as the “enterprise”). Name of institution
1.2. A person with .
1.3. A lawyer is a full-time employee, appointed to a position and dismissed from it on the recommendation of the head of the legal department.
1.4. A lawyer must know:
— legislative acts that regulate the financial and economic activities of the enterprise;
— normative and methodological materials on legal activities;
— regulatory legal documents;
— labor, civil, administrative and financial law;
— tax legislation;
— rules for keeping records and reporting on the economic and financial activities of the enterprise;
— rules for concluding and formalizing business contracts;
— basics of labor organization and economics;
— means of computer technology, communications and communications;
— norms and rules of labor protection.
2. Job responsibilities
The lawyer is obliged:
2.1.Prepare reasonable responses when rejecting claims of third parties.
2.2.Participate in the development and implementation of measures to strengthen contractual, labor and financial discipline, as well as to ensure the safety of the enterprise’s property.
2.3.Develop or take part in the development of legal documents.
2.4. Provide legal assistance to structural units in the preparation and execution of various types of legal documents.
2.5. Study, analyze and summarize the results of consideration of claims, arbitration and court cases, the practice of concluding and implementing business contracts in order to develop proposals to eliminate identified shortcomings, as well as improve the economic and financial activities of the enterprise.
2.6. Prepare materials on attracting employees to material and disciplinary liability.
2.7.Participate in the work on concluding business contracts, conducting their legal examination, and in considering issues of accounts payable and receivable.
2.8. Monitor the timeliness of submission by structural units of calculations, certificates, explanations and other materials for the preparation of responses to claims, statements, reviews, statements of claim, petitions, letters, etc.
2.9.Together with other divisions of the enterprise, prepare proposals for changing existing or canceling orders that have lost force and other internal regulations.
2.10.Inform the company’s employees about current legislation and changes in it.
2.11. Familiarize yourself with the regulatory legal acts that relate to their activities.
2.12. Provide employees with advice on organizational, legal and other legal issues.
2.13.Prepare conclusions, provide assistance in the preparation of documents and acts of a property and legal nature.
2.14. Prepare opinions on legal issues that arise in the activities of the enterprise.
3. Rights

A lawyer has the right:
3.1.Involve specialists from structural units to perform their functions, carry out orders and instructions with the consent of.
3.2. Require management and employees of structural divisions of the enterprise to submit documents that are necessary for work, subject to ensuring the safety of the received original documents and their timely return, within the time limit established by the head of the relevant structural division of the enterprise.
4. Responsibility

The lawyer is responsible:
4.1. For legal violations committed in the process of carrying out its activities within the framework defined by criminal, administrative and civil legislation.
4.2. For improper performance or failure to fulfill one’s job duties, which are provided for in this job description as defined by labor legislation
4.3. For causing material damage as defined by civil and labor legislation.

5. Interaction
5.1. The lawyer is subordinate to the head of the legal department of the enterprise.
5.2. When performing his official duties, the lawyer interacts with managers and employees of other structural divisions of the enterprise.


00.00.201_g.
I have read the instructions,

(signature) (surname, initials)
00.00.20__

JOB DESCRIPTION FOR CORPORATE LAWYER

I approve
_____________________________ (Last name, initials)
(name of organization, its ________________________________
organizationally - legal form) (director; other person authorized
approve job description)
00.00.201_g.
m.p.
JOB DESCRIPTION FOR CORPORATE LAWYER
——————————————————————-
(name of institution)
00.00.201_g. №00
1. General provisions
1.1. This job description defines the responsibilities, rights and job responsibilities of a corporate lawyer _____________________ (hereinafter referred to as the “enterprise”).
Name of institution
1.2. A person with a higher legal education and work experience as a legal adviser of at least ____ (3 years; 4 years, etc.) is hired for the position of corporate lawyer.
1.3. The corporation's lawyer is subordinate to the head of the enterprise.
1.4. During the absence of a lawyer (vacation, business trip, illness, etc.), his duties are assigned to a person appointed in accordance with the established procedure, who acquires the corresponding rights and is responsible for improper performance of the duties assigned to him.
1.5. The corporation’s lawyer must know:
— methodological and regulatory materials that regulate the production and economic activities of the enterprise;
-civil, commercial, tax, business, labor, administrative, financial law and other areas of legislation;
-specialization, profile and features of the enterprise structure;
-standards of office work according to legal documents;
— civil procedural arbitration procedural law, as well as the basics of criminal procedural law;
— structure of local government, state and judicial bodies;
- basics of administration;
— ethics of business communication;
— rules for accounting, systematization and maintenance of legal documentation using modern information technologies;
— norms and rules of labor protection;
— economics and organization of production, labor and management;
— labor legislation of the Russian Federation.
1.6. A corporate lawyer is appointed to a position and dismissed from it by order of the head of the enterprise.
2. Job responsibilities

The corporation lawyer is obliged to:
2.1. Register legal entities, make changes to constituent documents and issue valuable shares.
2.2. Develop constituent documents.
2.3. Coordinate the work on maintaining shareholder registers by third-party organizations.
2.4. Determine the legal basis of the enterprise’s bodies.
2.5.Develop regulations on transactions that involve the acquisition or alienation of property.
2.6. Develop regulations on the powers of the General Meeting, on the management board, on the board of directors, on the audit commission, etc.).
2.7. Coordinate transactions with shares of the enterprise.
2.8. Determine the legal basis for the dividend policy at the enterprise and coordinate it.
2.9. Organize work to provide the enterprise with regulatory legal documents, laws that are necessary for the implementation of the enterprise’s activities, as well as for recording and maintaining databases of regulatory legal acts.
2.10. Check compliance with the stages of approval of draft documents with responsible employees; issuing orders to responsible employees of the enterprise to amend or cancel acts caused by changes in federal legislation, as well as to endorse draft documents.
2.11. Provide departments of the enterprise and individual specialists with regulatory legal acts that are necessary for them to perform their duties and functions.
2.12. Check compliance with the legislation of draft orders, regulations, instructions and other legal documents submitted to the head of the enterprise for signature.
2.13. Conduct contractual work at the enterprise.
2.14. Determine the forms of contractual relations.
2.15.Develop draft agreements.
2.16.Check the compliance of draft contracts that are presented to the enterprise by counterparties with the legislation.
2.17.Take measures to resolve disagreements on draft agreements.
2.18. Provide notarization or state registration of certain types of contracts.
2.19.A Conduct an analysis of contractual work at the enterprise and develop programs for its revision and change.
2.20.Check the status of contractual work in the structural divisions of the enterprise.
2.21. Conduct claims work at the enterprise:
- ensure accounting of claims received from counterparties, as well as their consideration;
- prepare responses to received claims and make draft decisions on satisfaction or refusal to satisfy received claims;
— prepare claims to counterparties, send them to counterparties and control over the satisfaction of claims sent to counterparties.
2.22. Conduct claim work:
-take measures to comply with the pre-arbitration procedure for resolving contractual disputes;
- prepare materials and statements of claim and submit them to arbitration courts;
- study copies of statements of claim regarding claims against the enterprise;
- ensure maintenance of a data bank on claim work;
-represent the interests of the enterprise in arbitration courts.
2.23.Take part in the development of documents that relate to issues of ensuring the safety of the enterprise’s property (liability agreements, instructions that establish the procedure for the receipt and acceptance of material assets at the enterprise, accounting for their movement; instructions for accounting for the release and release of finished products).
2.24.Prepare applications, applications and other documents to obtain permits and licenses that are necessary to carry out the activities of the enterprise.
2.25.Verify the legality of the transfer of employees and their dismissal, as well as the imposition of disciplinary sanctions on them.
2.26. Represent 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 correctness and validity of the inspectors’ conclusions, drawing up procedural documents and recording the results of inspections.
2.27. Prepare and send complaints against the actions of officials of state supervisory authorities, as well as against administrative penalties unlawfully imposed on the enterprise.
2.28. Provide advice to employees of the enterprise on various legal issues in written and oral form.
2.29. Provide legal assistance in drafting legal documents.
2.30. Represent on behalf of the enterprise in state supervisory authorities that are authorized to consider cases of administrative offenses detected at the enterprise.
3. Rights

A corporate lawyer has the right:
3.1. Conduct independent correspondence with municipal, state and judicial authorities on legal issues.
3.2.Represent the enterprise in government bodies and other institutions and organizations on legal issues.
3.3.Give structural units and specialists mandatory instructions on legal issues.
3.4. When identifying violations of the law at the enterprise, take measures and report these violations to the head of the enterprise in order to bring the perpetrators to justice.
3.5.In agreement with the head of the enterprise, involve experts and specialists in the field of law to prepare opinions, consultations, recommendations and proposals.
3.6. Get acquainted with the documents that define his duties and rights in his position, the criteria for assessing the quality of performance of official duties.
3.7. Submit for consideration of management your proposals aimed at improving the work related to the responsibilities provided for in this Instruction.
3.8. Require the management of the enterprise to provide organizational and technical conditions and prepare established documents that are necessary to perform job duties.
3.9. Request and receive from structural units information, reference and other materials that are necessary to perform the duties provided for in this Job Description.
4. Responsibility

The corporate lawyer is responsible for:
4.1.For legal violations that were committed in the course of its activities within the framework established by the current administrative, civil and criminal legislation of Ukraine.
4.2. For improper performance or failure to fulfill one’s job duties, which are provided for by this Job Description within the framework established by the current labor legislation of Ukraine.
4.3. For causing material damage to the enterprise within the framework established by the current civil and labor legislation of Ukraine.
Head of structural unit: _____________ __________________
(signature) (surname, initials)
00.00.201_g.
I have read the instructions,
one copy received: _____________ __________________
(signature) (surname, initials)
00.00.20__

Job Description enterprise lawyer
I approve


Job description of an enterprise lawyer

1. General provisions

1. The company’s lawyer belongs to the category of specialists.
2. A person who has


3. An enterprise lawyer must know:





branches of legislation.








3.9. Ethics of business communication.






5. The lawyer reports directly to the manager
enterprises.




2. Job responsibilities

Enterprise lawyer:









coordinates it.



acts.


functions and responsibilities.



























courts;


enterprises.




















The company's lawyer has the right:


provided for herein.




questions.







recommendations and suggestions.


responsibilities.


Instructions for duties.



4. Responsibility

The company's lawyer is responsible for:



Federation.





Russian Federation.

I have read the instructions: ________________________________________________

Job description of a corporate lawyer
I approve
General Director of JSC (LLC)
Order N ____________________
from “__”_____________ 200 _ g.

Job description of a corporate lawyer

1. General provisions

1. The corporation's lawyer belongs to the category of specialists.
2. A person who has
higher legal education, work experience as a legal consultant
less than ____ (3 years; 4 years; others)
3. A corporation lawyer must know:
3.1. Regulatory and methodological materials regulating
production and economic activities of the enterprise.
3.2. Profile, specialization and features of the enterprise structure.
3.3. Civil, entrepreneurial, commercial,
administrative, labor, financial, tax, _______________, others
branches of legislation.
3.4. Arbitration procedural, civil procedural law,
fundamentals of criminal procedure law.
3.5. Standards for paperwork based on legal documents.
3.6. The structure of state bodies, local bodies
self-government, judicial bodies.
3.7. The procedure for systematizing, recording and maintaining legal documentation with
using modern information technologies.
3.8. Administration Basics.
3.9. Ethics of business communication.
3.10. Economics and organization of production, labor and management.
3.11. Fundamentals of labor legislation.
3.12. Labor protection rules and regulations.
3.13. _____________________________________________________________.
4. Appointment to the position of lawyer and dismissal from office
are carried out by order of the head of the enterprise.
5. The corporate lawyer reports directly to the manager
enterprises.
6. During the lawyer’s absence (business trip, vacation, illness, etc.)
his duties are performed by a person appointed in accordance with the established procedure.
This person acquires the corresponding rights and is responsible for
improper performance of the duties assigned to him.
7._________________________________________________________________.

2. Job responsibilities

Corporation lawyer:
1. Carries out the development of constituent documents; provides
registration of legal entities, issues of valuable shares, amendments to
constituent documents; coordinates the work on maintaining registers
shareholders (third party organizations); defines the legal basis of the bodies
enterprise (develops regulations on the powers of the General Meeting, on
board of directors, management board, 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 dividend policy at the enterprise and
coordinates it.
2. Organizes work: to provide the enterprise with laws,
regulatory legal documents necessary for the implementation
activities of the enterprise; on accounting and maintenance of regulatory legal databases
acts.
3. Provides business units and individual specialists
regulatory legal acts necessary for them to carry out their
functions and responsibilities.
4. Carries out: checking compliance with legislation
draft orders submitted for signature to the head of the enterprise,
instructions, regulations and other legal documents; check
compliance with the stages of approval of draft documents with responsible persons
employees; approval of draft documents; issuance to those responsible
employees of the enterprise of instructions to amend or cancel acts,
caused by changes in federal legislation.
5. Conducts contractual work at the enterprise: determines forms
contractual relations; develops draft agreements; checks
compliance with the legislation of draft agreements submitted
the company's counterparties; takes measures to resolve disagreements regarding
draft agreements; provides notarization or
state registration of certain types of contracts.
6. Analyzes contractual work at the enterprise, develops
program for its revision and changes, checks the status of the contractual
work in structural divisions of the enterprise.
7. Conducts claims work at the enterprise: provides accounting
claims received from counterparties, their consideration; prepares answers
on received complaints and makes draft decisions on satisfaction
or refusal to satisfy received claims; carries out
preparing claims to counterparties, sending them to counterparties and
control over the satisfaction of claims sent to counterparties.
8. Conducts claim work: takes measures to comply with pre-arbitration
procedure for settling contractual disputes; prepares claims
statements and materials and transfers them to arbitration courts; studies copies
statements of claim for claims against the enterprise; provides bank management
data on claim work; represents the interests of the enterprise in arbitration
courts;
9. Prepares applications, statements and other documents for receipt
licenses, permits necessary to carry out activities
enterprises.
10. Participates in the development of documents related to issues
ensuring the safety of the enterprise's property (agreements on
financial liability; instructions establishing the order
receipt and acceptance of material assets at the enterprise, accounting for them
movements; instructions for accounting for the release and release of finished products).
11. Checks the legality of dismissal and transfer
employees, imposing disciplinary sanctions on them.
12. Represents the interests of the enterprise during inspections carried out on
enterprise by state control and supervisory authorities in order to
legal control over compliance with procedural actions by inspectors,
validity and correctness of the inspectors’ conclusions, execution
results of inspections and preparation of procedural documents.
13. Represents on behalf of the enterprise in government
supervisory authorities authorized to consider cases of administrative
offenses detected at the enterprise; prepares and sends complaints
on the actions of officials of state supervisory authorities, on
administrative penalties unlawfully imposed on the enterprise.
14. Provides written and oral consultation to employees
enterprises on various legal issues, provides legal assistance in
drafting legal documents.
15. _______________________________________________________________.

A corporate lawyer has the right:
1. Request and receive information from structural divisions,
reference and other materials necessary to perform duties,
provided for in this Job Description.
2. Conduct independent correspondence with government officials,
municipal and judicial authorities on legal issues.
3. Represent the enterprise in the prescribed manner in the authorities
state authorities, other institutions and organizations for legal
questions.
4. Give to structural units and individual specialists
mandatory instructions on legal issues.
5. Take action when violations of the law are detected on
enterprise and report these violations to the head of the enterprise for
bringing the perpetrators to justice.
6. In agreement with the head of the enterprise, involve experts
and specialists in the field of law for consultations, preparation of opinions,
recommendations and suggestions.
7. Get acquainted with the documents defining his rights and obligations
according to the position held, criteria for assessing the quality of performance of official
responsibilities.
8. Submit proposals for management’s consideration
improvement of work related to those provided for in this
Instructions for duties.
9. Require the management of the enterprise to provide
organizational and technical conditions and execution of established documents,
necessary for the performance of official duties.
10. _______________________________________________________________.

4. Responsibility

A corporate lawyer is responsible for:
1. For improper performance or failure to fulfill one’s official duties
duties provided for in this Job Description, in
within the limits established by the current labor legislation of the Russian Federation
Federation.
2. For offenses committed in the course of their activities - in
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 current labor and civil legislation
Russian Federation.
4. ________________________________________________________________.

A legal adviser is hired by an organization on a permanent or temporary basis. The nature and scope of a lawyer's work depends on the size of the organization. In budgetary organizations there is often a need for consultations on labor law and taxation of profits. In large firms providing legal services, lawyers are involved in resolving disputes between organizations and individuals in court and pre-trial procedures. Provide assistance in disputes individuals with legal ones:

  1. Budgetary institutions.

If the firm makes a profit from representation in court and legal advice, this should be reflected in the text of the lawyer's job description.

Sample of a typical job description for a legal consultant

The typical job description for a legal adviser should be edited based on the needs of a particular institution. It needs professional processing by a lawyer in each individual case.

General provisions

The position of a lawyer is classified by ETKS as a specialist. An employee with a higher or secondary education can be hired. vocational education. If you have a higher education, there may be no requirements for work experience as a lawyer. IN general provisions need to be specified documents that a lawyer should follow:

  1. A set of legislative acts and regulations regulating economic, industrial and economic activity enterprises.
  2. Labor Code of the Russian Federation, Civil Code of the Russian Federation, Tax Code of the Russian Federation, federal laws and by-laws.
  3. Environmental regulations.
  4. Labor regulations at the enterprise and charter.

Also in general The following skills must be listed:

  1. Drawing up contracts between individuals and legal entities.
  2. Systematization of data and their use using computer and digital technology.
  3. Compliance with business ethics.

In conclusion, it is necessary to indicate that the legal adviser reports to the manager and assistant manager of the enterprise.

Job responsibilities

The legal adviser has the following duties:

  1. Participate in the development of employment contracts, job descriptions, charters and labor regulations and other standard forms of documents at the enterprise.
  2. Consult company employees when there is a need for legal assistance, questions about paying taxes and deductions.
  3. Prepare packages of documents and statements of claim for filing with the judicial authorities. Represent the interests of the enterprise in court hearings.
  4. Draw up reports of theft, production of low-quality products or embezzlement at the enterprise. Recovery of material damage from defendants.
  5. Prepare responses to complaints from consumers and employees.
  6. Inform the manager and specialists about changes to the legislation of the Russian Federation if they regulate their professional activities.
  7. Participate in the registration of property in the ownership of the enterprise and its alienation.

The job description of the leading legal adviser must contain the duty to carry out the orders of the head of the legal department, if it is provided for in the staffing table.


Rights

The legal adviser has the right:

  1. Make inquiries to budgetary institutions, archives. Gain access to documents of structural divisions.
  2. Provide information about rewarding or imposing disciplinary liability on subordinates.
  3. Ask for assistance from management if it is necessary to purchase equipment or obtain a digital signature tool.
  4. Familiarize yourself with the texts of documents, including design documents.

For uninterrupted operation enterprise, the leading lawyer has the right to choose a candidate to replace him in the event of his incapacity.

Responsibility

The legal adviser is responsible for the following:

  1. Disclosure of commercial or medical secrets.
  2. Causing material damage to an enterprise.

A falsified document is grounds for administrative or criminal liability, depending on the severity of the consequences.

Working conditions

A lawyer’s workplace should not be in disrepair or epidemiologically dangerous. If the work involves travel and travel, this should be reflected in the working conditions. Sample instructions for different titles of the position of a legal consultant are available for download using the links below.

Job description of a legal consultant

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 general director, provides legal protection interests joint stock company(hereinafter referred to as the Society).

1.3. This position does not provide for subordinates.

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

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 legislation;
  • 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 the preparation of opinions on legal issues arising in the activities of the Company, as well as on draft regulations submitted for review by the Company.

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

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 social and labor relations in the Society.

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 for product certification established by law, 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. Organizing the provision of legal assistance to public organizations of the Company, 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 commit 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 operational needs, the legal consultant may go on business trips (including local ones).

I have read the instructions: _____________________ ____________________________