Practice in the legal department of the organization report. Report on the practice at the legal department of JSC "PA" Elektropribor

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North Caucasian branch

FEDERAL STATE BUDGET EDUCATIONAL INSTITUTION OF HIGHER EDUCATION

"Russian State University of Justice"

ABOUT TRAINING PRACTICE

KRASNODAR - 2015

Introduction

The purpose of the internship is to familiarize with the legal acts regulating the activities legal entity, development of drafting skills civil law contracts, employment contracts, claim work, the study of the interaction of the organization with the judicial authorities of the state.

The object of research is the activity of the Limited Liability Company "YUGPROMINZHINIRING".

P The following tasks were set during the training practice:

Studying the structure, management procedure of a legal entity;

The study of legal acts regulating the activities of a legal entity;

Development of skills in drafting civil law contracts,

Studying the legislation governing labor Relations In the organisation;

Develop skills in drafting employment contracts, job descriptions and other personnel documents;

Studying work with information legal systems on the example of "Consultant Plus";

Claim work;

Studying judicial practice established in the organization.

1. Characteristics of the practice base

Place of internship LLC "YUGPROMINZHINIRING", location: 350000, Krasnodar region, Krasnodar city…

YUGPROMINZHINIRING LLC was registered on _________. I studied the Charter of the company, the agreement on the establishment of the company, the agreement on the exercise of the rights of the participants in the company, the minutes of the meetings of the participants. The company was founded by one founder. Kinds of activity of OOO "YUGPROMINZHINIRING" - activities in the field of architecture; engineering design; geological exploration and geophysical work; geodetic and cartographic activities; activities in the field of standardization and metrology; activities in the field of hydrometeorology and related fields; activities related to the decision technical tasks not included in other groups. main sources legal regulation company activities are: Constitution Russian Federation, Civil Code of the Russian Federation, Labor Code Russian Federation, tax code Russian Federation, Urban planning code Russian Federation and the federal law dated February 8, 1998 No. 14-FZ "On Limited Liability Companies".

The structure of YUGPROMINZHINIRING LLC is as follows:

2. Report on the study of the activities of a lawyer

claim employment contract

The goal of a lawyer in an organization is to ensure legal work.

The duties of a lawyer of YUGPROMINZHINIRING LLC include:

Legal examination of contracts, agreements and other documentation;

Drawing up contracts for the performance of work, subcontracts, lease agreements and other contracts, development of annexes to them, agreements, protocols;

Conclusion of employment contracts with employees, registration of employee recruitment and dismissal from it;

Checking documents drawn up by other departments for compliance with current legislation;

Development of constituent documents of the Employer, amendments to the constituent documents;

A selection of regulatory legal acts necessary for the implementation of functions and responsibilities structural divisions and employees of the organization;

Development of local regulations of the organization;

Claim work, preparation of statements of claim, statements, complaints, petitions and other documents and materials for resolving cases in court, representing the company in courts;

Preparation of applications, applications and other documents for obtaining licenses, permits and other documents necessary for the organization's activities;

And other.

Contractual legal work is an essential component of legal support economic activity organizations.

Contractual work of a lawyer includes ensuring the modern and high-quality conclusion of contracts with counterparties of the organization, on conditions that best satisfy the economic interests of the Company; control over the fulfillment of contractual obligations by the organization itself and its counterparties; constant analysis of the practice of concluding and executing contracts; analysis of the reasons causing non-fulfillment or improper fulfillment of contracts, as well as the development of measures to eliminate these causes.

Certain differences exist when preparing a draft contract directly by an organization and when it receives a draft contract from a counterparty. The lawyer participates in the negotiation of the terms of the agreements received by the organization and the preparation of protocols of disagreements.

During my internship, I studied various contracts, including the contract for the performance design work.

I was directly involved in the development and conclusion of a contract for the execution of design work, according to which YuGPROMINZHINIRING LLC acted as a contractor (Appendix No. 1 to this report).

I was interested in this contract because it is widely used in the activities of the company, and every lawyer in practice must be able to correctly analyze the form and content, draw up this type of contract.

Litigation work in the Company should ensure the economic interests of the company, protection and restoration of violated property and non-property rights of the company, constant analysis of the reasons causing non-fulfillment of contractual obligations by the organization and its counterparties.

During my internship, I took part in the settlement of contractual disputes and learned how to write claim letters.

So, on February 05, 2015, Garant LLC (as the Customer) and YUGPROMINZHINIRING LLC (as the Designer) signed contract No. 212 for design work. On the instructions of the Customer, YUGPROMINZHINIRING LLC undertook to develop working documentation, and Garant LLC undertook to pay 1,000,000 (one million) rubles, including VAT - 18%.

On July 28, 2015, according to the bilateral act of acceptance of work performed, the Customer accepted the work performed by the Designer in full, on time and good quality. The customer had no complaints about the composition and quality of the work performed.

Enumeration Money for the works performed by the Designer and accepted by the Customer in accordance with the established procedure, the Customer had to perform upon completion of the work after the receipt of funds from the Investor, but not more than 45 (forty-five) calendar days from the moment the parties sign the act of acceptance of the work performed.

However, in violation of the terms of the contract, Garant LLC unreasonably evades payment for the work performed for a total of 1,000,000 (one million) rubles, including VAT - 18%, which is contrary to the norms of the current legislation of the Russian Federation.

In view of the foregoing, LLC "YUGPROMINZHINIRING" sent a claim to LLC "Garant" with a demand to pay the resulting debt for the work performed, based on the following norms of the current legislation.

So, by virtue of Article 307 of the Civil Code of the Russian Federation, one person (debtor) is obliged to perform a certain action in favor of another person (creditor), such as: transfer property, perform work, pay money, etc., or refrain from a certain action and the creditor has the right to demand from the debtor the performance of his obligation.

Obligations must be performed properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements - in accordance with business practices or other commonly required requirements (Article 309 of the Civil Code of the Russian Federation).

According to Article 310 of the Civil Code of the Russian Federation, a unilateral refusal to fulfill an obligation and a unilateral change in its conditions are not allowed, except as otherwise provided by law.

On the basis of paragraph 1 of Article 711 of the Civil Code of the Russian Federation, the delivery of the result of work to the customer is the basis for the customer to have an obligation to pay for the work performed.

Article 762 of the Civil Code of the Russian Federation provides that under a contract for design work, unless otherwise provided by the contract, the customer is obliged to pay the contractor the set price in full after completion of all work or pay it in parts after completion of individual stages of work.

By virtue of paragraph 1 of Article 424 of the Civil Code of the Russian Federation, the performance of the contract is paid at a price established by agreement of the parties.

Paragraph 1 of Article 314 of the Civil Code of the Russian Federation establishes that if an obligation provides for or makes it possible to determine the day of its performance or the period of time during which it must be performed, the obligation is subject to performance on this day or, accordingly, at any moment within such a period.

Taking into account the foregoing, YuGPROMINZHINIRING LLC in a claim offered Garant LLC to fully repay the specified debt within 10 (ten) days by transferring funds in the amount of 1,000,000 (one million) rubles to the settlement account of InzhProjectComplex LLC, in including VAT - 18% - 152,542 (one hundred and fifty-two thousand five hundred and forty-two) rubles 37 kopecks. In addition, YUGPROMINZHINIRING LLC warned the Customer that otherwise, he would be forced to apply to Arbitration court to recover from Garant LLC, in addition to the resulting debt, the amount of the penalty determined by the Agreement, court costs and state duty.

The job responsibilities of a lawyer include working with claims: taking measures to comply with pre-trial procedure settlement of contractual disputes; preparation of statements of claim and materials and their transfer to arbitration courts; study of statements of claim on claims against the enterprise; representing the interests of the enterprise in arbitration courts.

I also studied the form of a statement of claim for filing a lawsuit in order to recover the debt.

In the process of practice, I took part in the settlement of disputes in pre-trial order.

So, on October 02, 2015, between LLC YUGPROMINZHINIRING (as the “Customer”) and LLC GeoService (as the “Contractor”) concluded a contract for drilling work.

Under the terms of p.p. 2.2 of the agreement LLC "YUGPROMINZHINIRING" on October 05, 2015 transferred an advance payment in the amount of 50% in the amount of 35,750 (thirty five thousand seven hundred fifty) rubles.

However, within the period specified in the contract (November 10, 2015), drilling work was not completed, which allowed YuGPROMINZHINIRING LLC in accordance with paragraphs. 5.3 of the Agreement to require the payment of a penalty in the amount of 0.1% of the cost of work for each day of delay.

In addition, LLC YUGPROMINZHINIRING, under the terms of the contract, demanded compensation for losses in the form of expenses incurred:

Cash in the amount of 35,750 (thirty-five thousand seven hundred and fifty) rubles paid as an advance payment;

Cash in the amount of 6,600 (six thousand six hundred) rubles spent on hotel accommodation;

Cash in the amount of 2,800 (two thousand eight hundred) rubles spent on travel certificate an employee of YuGPROMINZHINIRING LLC;

Cash to pay for gasoline in cash in the amount of 1,328 (one thousand three hundred twenty-eight) rubles;

Cash to pay for gasoline by bank transfer in the amount of 7,410.7 (seven thousand four hundred and ten) rubles;

in total for the total amount of 53,888.7 (fifty three thousand eight hundred and eighty eight) rubles.

According to Art. 15 of the Civil Code of the Russian Federation, a person whose right has been violated may demand full compensation for the losses caused to him, unless the law or the contract provides for compensation for losses in a smaller amount.

Losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of civil circulation, if his right was not violated (lost profit).

In accordance with Art. Art. 393, 394 of the Civil Code of the Russian Federation, the debtor is obliged to compensate the creditor for losses caused by non-performance or improper performance of obligations. If a penalty is established for non-fulfillment or improper fulfillment of an obligation, the losses shall be reimbursed to the extent not covered by the penalty.

In view of the foregoing, LLC "YUGPROMINZHINIRING", referring to the above norms of the legislation of the Russian Federation, in a letter of claim proposed LLC "GeoService" to voluntarily pay a sum of money in the amount of 53,888.7 (fifty-three thousand eight hundred eighty-eight) rubles 70 kopecks, warning that otherwise, YUGPROMINZHINIRING LLC will have to apply to the Arbitration Court of the Krasnodar Territory and will also require payment of a penalty (penalty) provided for by the terms of the contract and reimbursement of legal costs (expenses for paying state duty and paying for representative services). Which would entail additional unreasonable and unnecessary expenses for GeoService LLC.

As a result of the negotiations, the parties signed an agreement to terminate the contract, under the terms of which GeoService LLC returns the transferred advance payment in the amount of 35,750 (thirty-five thousand seven hundred and fifty) rubles to YUGPROMINZHINIRING LLC, and YUGPROMINZHINIRING LLC waives its claims for payment of the penalty ( penalties) and reimbursement travel expenses, hotel accommodation and gas expenses.

Together with a lawyer, I also prepared a claim (request for the return of the advance payment and payment for the sale and delivery of goods).

On October 07, 2014, LLC Company InFiNita (as the Supplier) and LLC YUGPROMINZHINIRING (as the Buyer) signed a supply contract No. 129 (hereinafter referred to as the Contract).

According to paragraphs 1.1 and 2.1.2. of the Agreement, the Supplier undertook to deliver and transfer the goods (coffee table MD-2215 (1200*600*420, dark walnut)) to the Buyer's ownership within 21 working days from the moment the payment was credited to the Supplier's settlement account.

The goods were paid for by the Buyer on October 10, 2014, respectively, InFiNita Company LLC was obliged to deliver the goods on November 12, 2014.

However, coffee table MD - 2215 (1200*600*420, dark walnut) was delivered only on November 13, 2015.

Taking into account the material breach of the terms of the Agreement, YuGPROMINZHINIRING LLC had no intention to accept the delivered goods at the time of delivery. Due to the significantly long period of evasion from fulfilling the obligations of the Supplier, YuGPROMINZHINIRING LLC was forced to purchase the necessary coffee table elsewhere.

YuGPROMINZHINIRING LLC turned to InFiNita Company LLC with a request to voluntarily return the amount of 100% of the prepayment for the coffee table MD-2215 (1200 * 600 * 420, dark walnut) within 5 working days in the amount of 19,000 (nineteen thousand) rubles, including VAT - 18%, transferring them to the Buyer's current account.

LLC "YUGPROMINZHINIRING" warned the Supplier that the enforcement of the previously paid amount of money would entail going to court, in connection with which, LLC "InFiNita" Company would have to incur additional costs, including the payment of legal costs (state duty, representative services) and payment of interest for the use of other people's funds for amounts not paid on time.

As a result, InFiNita Company LLC returned the money paid for the coffee table and took the delivered goods.

During my internship, I learned personnel activity at the enterprise. This is due to the fact that in the field of legal regulation of labor for a lawyer, many difficult issues may arise, and therefore, the study of labor legislation is an important task.

I reviewed the procedure for hiring employees, keeping personal files and work books, and procedures for dismissing employees.

I have signed up for a new employee:

Documents received from the employee in accordance with Article 65 of the Labor Code of the Russian Federation (passport, employment history, insurance certificate of compulsory pension insurance, diploma of education, military ID, consent of the employee to the processing of personal data);

An employment contract was drawn up in accordance with chapters 10, 11 of the Labor Code of the Russian Federation, an order for employment, a job description.

During my internship, I participated in the resolution of a labor dispute.

Based on the memorandum of the head of the department engineering surveys Mazur E.M. and the act on the absence of the employee at the workplace, by order of the head of the organization, an official disciplinary check was scheduled from 11/23/2015 to 12/02/2015 on the fact of absence from the workplace on 11/20/2015 during the whole working day of the assistant surveyor department of engineering surveys Ivanov V. I. without warning of the presence good reasons.

For internal check a commission was created by OOO YUGPROMINZHINIRING, which was instructed to receive from Ivanov V.I. explanation in writing, make proposals on the application or not application to the assistant surveyor Ivanov V.I. disciplinary sanction, submit a written opinion on the results of an internal audit.

In accordance with the conclusion of the commission on the results of an internal audit dated December 02, 2015, the following was established during the audit.

On September 03, 2014, an employment contract No. 21 (hereinafter also referred to as the "Labor Contract") was concluded between LLC "YUGPROMINZHINIRING" (as the "Employer") and Ivanov Vladimir Ivanovich (as the "Employee"). In accordance with clause 1.1 of the Employment Agreement:

“The employee is hired for the position of assistant surveyor in the department of engineering surveys in accordance with which and based on the terms of this employment contract, the employee undertakes to fulfill labor functions(job responsibilities) specified in the job description (Appendix No. 1 to the Labor contract) approved in the organization, and the Employer undertakes to provide him the necessary conditions for work, pay wages in the manner and on the terms provided for in this agreement, local regulations of the organization, as well as labor law RF".

Assistant surveyor of the department of engineering surveys Ivanov V.I. absent long time from 11/23/2015 to 12/02/2015 at the workplace, he did not submit documents confirming the presence of a good reason.

Ivanov V.I. notifications about the submission of a written explanation were sent; delivery of notifications is confirmed by a printout from the website of the Russian Post

Ivanov V.I. in accordance with Article 193 of the Labor Code of the Russian Federation, he did not provide written explanations within two working days, which is recorded by acts of the absence of a written explanation.

Thus it is Ivanov The.AND. admitted gross violation labor discipline - repeated absence from the workplace without good reason during working days from 11/23/2015 to 12/02/2015, which violated Art. 21 of the Labor Code of the Russian Federation, the terms of the employment contract and the Rules of Internal work schedule LLC "YUGPROMINZHINIRING".

For a gross violation of labor discipline - a single absence from the workplace without good reason throughout the working day was imposed on the assistant geodesist of the engineering survey department Ivanov Vladimir Ivanovich disciplinary action in the form of dismissal under paragraphs. "a" p. 6 h. 1 art. 81 of the Labor Code of the Russian Federation.

In the process of educational practice, I effectively used the resources of the electronic legal system "Consultant Plus". In my work, the system helped me find answers to questions, such as searching for legislation regulating certain civil and labor relations. Electronic database"Consultant Plus" is updated daily, which makes it possible to quickly find the necessary legal acts, sample documents, articles in specialized journals and other information.

Conclusion

The student's internship is an important element educational process for the training of a specialist in the field of jurisprudence.

The practice allowed me to assimilate the received theoretical material, taught me to navigate the legislation, apply the correct norms of the legislation and distinguish one from the other.

I realized that to solve controversial situations, you first need to study the maximum possible legislation, in order not to miss any subtleties and nuances in resolving situations. Important role law enforcement practice, court decisions, etc. have a place in the legislation.

During my internship, I got acquainted with the legislation of the Russian Federation governing the activities of the company, studied the constituent documents of the organization, got acquainted with the structure of the company, mastered the features of the work of the legal department, types of civil law contracts concluded on behalf of the company, learned how to draw up juristic documents(claims, contracts, letters, statements of claim), to resolve controversial issues and tasks assigned to me, I learned how to effectively use the electronic legal system "Consultant Plus".

During the implementation practical activities I was once again convinced that theoretical knowledge is necessary, the success of practical activities directly depends on the knowledge gained by him during the educational process.

Due to rapid changes legislative framework, I realized the importance of electronic information systems, such as the legal system "Consultant Plus" in which you can quickly find the necessary information in the field of law and business correspondence.

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Practicing is a necessary element in educational program any educational institution

1. college;
2. technical school;
3. university;
4. institute.

The practice report allows you to assess the depth of knowledge gained by the student in the chosen specialty, his interest in the profession. The internship is a necessary element of consolidating the theoretical knowledge acquired in an educational institution. Moreover, the place of practice does not matter, because lawyers are needed everywhere, in any company:

• and in a limited liability company,
• and in a business firm
• V law enforcement agencies(in the Ministry of Internal Affairs, in the police (police);
• and even in the Presidential Administration.

An assistant is needed for lawyers and notaries.

The trainee can independently determine where the practice will take place, or seek help from supervisor which will help you to practice

Let's look at the features of writing a practice report by law students - they have their own characteristics associated with the specifics of the work.

Lawyer practice report: writing features

The purpose of the practice is to learn how to apply the knowledge gained in an educational institution in practice, the ability to apply the law in the legal relations that have arisen. To achieve the goal, it is necessary to solve the following tasks:

1. study the activities of the enterprise, the organization of the work of the legal department, consider the features of the state and municipal service;
2. apply theoretical knowledge in the field of civil, labor, procedural law in practice;
3. develop the qualities necessary for working as a legal adviser, learn how to manage people using persuasion;
4. take an active part in the activities of the legal department: draw up statements of claim and responses to them, participate in court hearings, appeal against decisions, monitor the progress of execution;
5. realize legal support transactions;
6. assist in the preparation of legal documents.

The base of practice for a law student is determined taking into account the specialization of the student. Students choose a place of practice also taking into account their prospects for employment in the profile of the chosen specialty.

But the practice of a future lawyer is always associated with the work of the legal department, legal service or independent work lawyer as a lawyer, notary

Practice allows you to acquire the necessary skills to work in a team, to get acquainted with the features of the work of a lawyer. Practice can be production (introductory) and pre-diploma.

The management of the practice at the enterprise can be carried out both directly by the head of the enterprise, and by the employee to whom he entrusts it.

According to an unspoken rule, the trainee must fulfill all the instructions of the head, observe discipline, and avoid organizational conflicts.

The employer has the right to establish part-time work for the trainee and a certain level of workload, to give his own instructions. But if a student misses at least one day of practice, it must be worked out.

Every lawyer must:

• be able to appeal the types of civil law contracts
• know the features contract work, including the conclusion of a contract for the provision of services, a contract of sale
• know the constitution
• be able to put into practice the provisions of the Civil Code of the Russian Federation (CC RF), including distinguishing a legal entity from an individual, be guided by the norms of the Labor Code of the Russian Federation, Tax Code, Administrative Code
• know the basics of civil and arbitration processes
• know the conditions for applying the law "On the Protection of Consumer Rights"
• be able to use electronic legal resources, such as "Consultant Plus", "Garant".

When writing a report, it is better to rely on textbooks, scientific literature, printed periodicals or their analogues on the Internet (Yurist magazine), but the year of publication should not be older than 5 years.

The results of the internship are documented in a report and a diary, which is maintained by the trainee independently.

The total duration of the internship is determined by the educational institution, usually 4 weeks.

In the introduction the goal of the passage and the tasks that need to be solved to achieve it are indicated, the object and subject of the study are determined.

In the main part report is given a brief description of enterprises. The name and organizational and legal form are fully indicated (LLC, IP, DOW, government agency), last name, first name, patronymic of the head, what constituent document defines his powers. Necessary:

1. to uncover organization structure,
2. determine the conditions for ensuring the activities of the company,
3. describe department functions,
4. give an analysis of the areas of work of the enterprise and its specifics, structure,
5. indicate links between departments.

It is desirable to indicate the date of creation and achievement. From the point of view of psychology, a detailed study of the enterprise and everything connected with it can positively affect the opinion of the potential employer about the trainee.

In a special part the activities of the department in which the trainee directly worked in order to identify problems on the topic considered in the thesis in order to develop ways to solve them are considered.

In custody summarizes all the conclusions that the trainee made when writing the work, the experience gained, and also indicates the shortcomings in the work of the legal department and suggests ways to solve them.

It is desirable to provide the practice report to the head of the practice in advance.

Lawyer Practice Diary

The diary is the document on the basis of which the practical activity of the student (student) is evaluated. The industrial practice diary, together with the report and the characteristic, are the student's admission to the exams. The reliability of the completed tasks indicated in it is confirmed by the signature of the head of practice from the organization, therefore, it is necessary to treat its completion as in school - responsibly, so as not to redo it later. Downloading a ready-made diary on the Internet on student websites is not recommended - educational institutions have different requirements for the form and content of the diary in practice.

The diary must be completed in the form approved educational institution. It must contain the signatures of the persons who sent the student to practice (from the educational institution) and accepted (from the place of internship)

The practice diary may also contain individual tasks for the leader. The form of the diary can be downloaded from the website of the educational institution.

During the internship at the end of each working day, the trainee must fill out a diary of the internship, fixing the completed tasks in it. On the Internet you can download various additional material on the activities of the place of internship, which will be a definite plus for work. The practice report can also be used as a basis thesis student.

The finished practice diary must be signed by the head of the practice from the place of its passage and stamped. A feature of the internship by students studying to be lawyers is the direction of their practical activities - it should be directly related to jurisprudence.

Reporting on practice is submitted to the training department at the place of training.

An example of filling out a diary on the practice of a lawyer

	COMPLETION OF TASKS UNDER THE PROGRAM	COMPLETION MARK
	Induction training. Getting to know employees. Study of regulatory documents, local regulations of the organization Reviewing the activities of the legal department, functional duties lawyer Study of the regulatory framework, review legal documents governing the activities of the organization Verification of contracts for compliance with their requirements of the Civil Code of the Russian Federation Analysis of employment contracts for compliance with current legislation Drawing up an order to amend the employment contract Drawing up a claim in accordance with the legislation of the Russian Federation, using information legal reference systems. Examination of information on the case on the recovery of penalties for late delivery Studying the procedure for organizing a personal reception of citizens, representatives of institutions, enterprises, organizations. Acceptance and registration of documents Preparation of an information letter to the IFTS about the change of address Drawing up a contract of sale Participation in the processing of submitted documents Consideration of documentation for procurement under Law No. 44-FZ Preparation of draft written responses to appeals Together with the economic department, preparation of a certificate of no debt to the counterparty Drafting a contract, sending it to the other party Assistance in the preparation of documents confirming the right of operational management of property, obtaining permits Participation in the preparation of a claim for violation of the terms of delivery of goods Participation in a court session Development of a job description for a specialist Writing a claim Consideration of issues related to the conclusion of an employment contract Collection of material for the report

Report examples

Report on practice in court

INTRODUCTION 2
1. general characteristics activities of DD LLC. 4
2. Organizational structure of DD LLC. 8
3. Activities of the legal department. 10
4. Rules for the preparation and procedure for filing a statement of claim in court. 13
5. Examples rendered legal advice and services. 17
CONCLUSION. 21

INTRODUCTION
Work experience took place at DD LLC from 2013 to 2013, in the legal department as a legal assistant.
Legal address:
LLC "DD" offers customers a wide range of legal services, which help optimize the work of any organization, making it as productive as possible, as well as assist individuals in making the most optimal decisions when a difficult situation arises. Main line of business:
legal services, development of business plans, appraisal services. The purpose of the internship is to consolidate theoretical knowledge and further develop skills practical work obtained in the learning process, gaining experience for future independent work, expanding professional horizons, as well as collecting and summarizing the necessary materials for the preparation and implementation of a practice report.
The main objectives of the practice are:
Acquaintance with the structure of the enterprise (organization), the characteristics of its divisions; Studying the function and procedure for the work of the legal division of the company; To study specific types of activities in the legal department; Independent performance of specific types of work assigned to a legal intern.
"DD" is an organization that provides a wide range in the field appraisal activities, business planning and legislation of the Russian Federation.
The experts of LLC "DD" produce the official independent evaluation in all major areas:
appraisal of the market value of real estate appraisal of the market value of damage caused to real estate appraisal of the market value of damage caused by AMTS in an accident appraisal of the market value for a notary in the event of inheritance damage to third parties. The company provides the development of the following types of business plans:
short (without market review, without some sections); full; business plan for obtaining a loan (with individual requirements of the bank); financial plan; preliminary calculation of the business plan; professional business plan (international requirements, passing the examination, translation into English) . The main types of legal services for legal entities include the following items:
tax consulting - consultations in the field of tax legislation and during a tax audit, appealing against decisions or actions of a tax authority, optimization of tax deductions; arbitration - disputes under contract law, property rights, debt collection disputes, business and corporate disputes, disputes with controlling and tax authorities, etc.; collection of receivables - debt collection and judicial settlement of disputes; transaction support - examination of documentation and assistance in drafting a transaction agreement, provision of client documents to the justice authorities and control of their passage at all stages; services for registration of organizations and firms - development of an individual package of documentation for the future business, submission of the necessary documents to tax office, obtaining relevant certificates, etc.; contract law - preparation of draft contracts, as well as amendments and additions to existing ones, their legal analysis. The company offers legal services to individuals in representing the interests of the client in court on such issues as:
collection of debts under receipts and loan agreements; recognition of ownership of apartments in new buildings; recognition of ownership by inheritance; restoration of the missed deadline for inheritance; establishment legal facts(kinship, acceptance of inheritance, etc.); compensation for harm; disputes with insurance companies; family disputes; housing disputes and much more. Operating procedure
In response to a message about the order made, an offer is made to discuss the details for writing a Commercial offer. This can be done over the phone or by email. One of the partners acts as a contact person on the part of the company. If Commercial offer is accepted, then after the conclusion of the contract, he will lead your order.
Document flow:
Minutes of the meeting (if held); Commercial offer; Contract for the provision of services for a fee Appendix - brief for the service Invoice for payment - 50% Report-conclusion Act of work performed + invoice for the remaining 50%. Cost of services
The cost of services is determined by the scope of work, the timing of the implementation of the order, the situation on the market. If any research is required to complete the order, they are paid additionally.
Terms of payment
For all orders there is a 50% prepayment. Post-payment of 50% - after signing the Certificate of Completion or distributed by stages of work. VIP clients have individual conditions.

2. Organizational structure of DD LLC

The management of "DD" preferred to use a linear organizational structure of management. The arguments in favor of this choice were: a small number of personnel of the company; ease of use of this system; clear unity of command represented by the board of the company; high qualification and competence of the head. Further, in Figure 1, the management structure of LLC "DD" is presented.
The company is headed CEO. He manages the general course of all activities of the company. Directly reporting to him are the directors of departments specializing in a particular area of ​​consulting, i.e. is strategic, investment and stock consulting. Under each of these directors is a staff of workers, consisting of an expert who manages a particular project, and a group of specialists under the auspices of this expert. Currently, there is one expert in each of the consulting departments, but as the company develops, it is planned to increase the staff of employees.
The basis of linear structures is the so-called "mine" principle of construction and specialization of the management process according to the functional subsystems of the organization (marketing, production, research and development, finance, personnel, etc.). For each subsystem, a hierarchy of services (“mine”) is formed, penetrating the entire organization from top to bottom. The results of the work of each service are evaluated by indicators characterizing the fulfillment by them of their goals and objectives.
Accordingly, a system of motivation and encouragement of employees is being built. At the same time, the end result (the efficiency and quality of the work of the organization as a whole) becomes, as it were, secondary, since it is believed that all services in one way or another work to obtain it. This system is used in small firms with homogeneous and uncomplicated technology.

Rice. 1 Organizational structure of DD LLC

The advantages of this structure:
1) ease of use, all duties and powers are clearly distributed;
2) speed of decision-making;
3) clear unity of command.

3. Activities of the legal department

The legal department is an independent structural subdivision of the organization, created, reorganized and liquidated by order of the head of the organization, directly subordinate to the head of the organization.
The legal department is headed by the head of the legal department, who is appointed and dismissed from his post by order of the head of the organization on the proposal of the deputy director for personnel (another official).
The head of the legal department directly manages the activities of the legal department and controls the work of all structural divisions and employees included in the legal department.
A person with a higher legal education and at least 5 years of work experience in the specialty is appointed to the position of head of the legal department.
The duties, rights and responsibilities of each employee of the legal department are established by the job description, which is agreed with the head of the legal department and approved by the head of the organization.
The legal department in its activities is guided by:
- normative legal acts, other guidelines and teaching materials regulating the production, economic and financial activities of the organization;
- methodological materials related to relevant issues;
- Charter of the organization;
- orders, orders of the head of the organization (direct supervisor);
- regulations on the legal department.
Changes in the structure and staff of the legal department are developed by the head of the legal department based on the conditions and characteristics of the organization’s activities, are agreed with the immediate supervisor, as well as with the labor organization and wages department, the personnel department, the legal department in the relevant areas of activity of these structural divisions and are approved by order of the head of the organization .
Managers of the legal department provide the following types of services to the company's clients:
legal advice and legal support for business, transactions, including transactions with securities, real estate and other assets; protection and representation of the interests of our clients in judicial and state bodies; advice on taxation; legal support in case of claims from the tax authorities; placement ( emission) valuable papers, redemption of securities through mandatory and voluntary offers. corporate consulting; valuation of business, assets, real estate, securities, rights; support in bankruptcy proceedings; resolution of corporate conflict situations; debt collection under receipts and loan agreements; recognition of ownership of apartments in new buildings; recognition of property rights in the order of inheritance; restoration of the missed deadline for inheritance; establishment of legal facts (kinship, acceptance of inheritance, etc.); compensation for harm; disputes with insurance companies; family disputes; housing disputes and much more. Legal services are currently needed by everyone, both legal entities and ordinary citizens. After all, all kinds of legal relations arise almost hourly. These services are especially relevant for legal entities. In the process of doing business, different kinds contracts: supply, lease, lending, etc.
However, often legal entities cannot afford to maintain a full-time lawyer - wage, taxes, insurance, etc. Businessmen are forced to look for a third-party specialist, and a lawyer not always recommended by acquaintances can provide universal legal services - to conduct, for example, litigation under a lease agreement and at the same time monitor all changes in existing legislation. This does not suit entrepreneurs - they need qualified legal services specifically on issues that arise during the conduct of their business. Often such issues may be within the competence of various legal codes.

4. Rules for the preparation and procedure for filing a statement of claim with the court

The form and content of the statement of claim must comply with Articles 131 and 132 of the Civil Procedure Code of the Russian Federation (CPC RF). Failure to comply with these conditions entails a refusal to accept the statement of claim by the judge or leaving it without movement.
1. Statement of claim must be submitted to the court in writing.
The number of copies - according to the number of parties indicated in the statement of claim. The statement of claim is signed by the plaintiff or his representative if he has the authority to sign the statement and present it to the court. It is important that after submitting the documents to the court, you have a copy of the statement of claim with a court mark that it was accepted and when exactly (date). If you send a claim to the court by mail, we advise you to send a registered or valuable shipment with a return receipt (so that you have proof that you sent and received the documents by the court).
2. The statement of claim must contain:
1) the name of the court to which the application is submitted;
2) the name of the plaintiff, his place of residence or, if the plaintiff is an organization, its location, as well as the name of the representative and his address, if the application is submitted by a representative;
3) the name of the defendant, his place of residence or, if the defendant is an organization, its location;
4) the essence of the violation (threat of violation) of the rights, freedoms or legally protected interests of the plaintiff and his claim. The claims set out in the application for legal language are called the subject of the claim. It is most important for the statement of claim and for the entire civil case as a whole;
5) the circumstances on which the plaintiff bases his claim and evidence confirming the circumstances stated by the plaintiff.
These circumstances form the basis of the claim. It should be remembered that the main feature civil litigation is that in it each of the parties must prove its case on its own. As a plaintiff, you have the primary burden of proof because you initiate the process. Therefore, it is necessary to indicate and then attach to the statement of claim the maximum amount of evidence. Evidence is information about facts obtained in the manner prescribed by law, on the basis of which the court establishes the presence or absence of circumstances substantiating the claims and objections of the parties, as well as other circumstances that are important for the correct consideration and resolution of the case.
In part 1 of Art. 55 of the Code of Civil Procedure of the Russian Federation provides for the following types of evidence: explanations of the parties, explanations of third parties, testimony of witnesses, written and material evidence, playback of audio and video recordings, expert opinions. Part 2 Art. 55 of the Code of Civil Procedure of the Russian Federation contains a ban on obtaining evidence in violation of the law (that is, any illegal means: deceit, threats, torture, violence, falsification, forgery of documents, etc.). Evidence obtained in violation of the law has no legal force and cannot be used as the basis for a court decision. The judge, in order to prepare the case for trial, if necessary, may, for his part, propose to the plaintiff to submit additional evidence (clause 1, article 150 of the Code of Civil Procedure of the Russian Federation). Failure to provide this evidence does not prevent the further progress of the case. It must be borne in mind that each party must prove the circumstances to which it refers as the basis for its claims and objections.
It is also recommended to refer to a rule of law (a specific paragraph, paragraph, part, article of a specific regulatory act) as a justification for your requirements, although such an obligation is not established by law;
6) the value of the claim, if the claim is subject to assessment, as well as the calculation of the sums of money recovered or disputed. Plaintiffs have no problems when a sum of money is collected directly, or property, confirmed by documents characterizing its value. It is more difficult when the property is not appraised, not confirmed by documents that determine the value.
In this case, it can be advised to focus on the market value that exists, ceteris paribus, at the moment. You can also use the services independent appraisers which will determine the value of the property with almost 100% accuracy. When the property is not in possession, it is accordingly impossible to determine its value by visual assessment. Here you can recommend to indicate the approximate cost. It is impossible not to indicate the price of the claim in the event that it is subject to assessment, since it will not be observed formal sign filing a claim;
7) information on compliance with the pre-trial procedure for applying to the defendant, if this is established by federal law or provided for by an agreement between the parties;
8) a list of documents attached to the application.
The application may also contain other data of the plaintiff, defendant, representative: phone numbers, fax numbers, e-mail addresses, other information relevant to the consideration and resolution of the case, as well as the petitions of the plaintiff.
Documents attached to the statement of claim, defined by Art. 132 Code of Civil Procedure of the Russian Federation. Attached to the claim are:
– its copies in accordance with the number of defendants and third parties;
- a document confirming the payment of the state fee;
- a power of attorney or other document certifying the authority of the plaintiff's representative;
- documents confirming the circumstances on which the plaintiff bases his claims, copies of these documents for the defendants and third parties, if they do not have copies;
– the text of the published normative legal act in the event of a dispute;
- evidence confirming the implementation of the mandatory pre-trial procedure for resolving the dispute, if such a procedure is provided for by federal law or an agreement;
- Calculation of the amount of money to be recovered or disputed, signed by the plaintiff, his representative, with copies in accordance with the number of defendants and third parties.
The claim consists of three semantic parts: introductory, descriptive, motivational, resolutive and final.
The statement of claim to the judge can be filed at a personal reception or sent to the court by mail ( by registered mail with acknowledgment of receipt). Within five days from the date of receipt of the statement of claim by the court, the judge is obliged to consider the issue of its acceptance for court proceedings. On the acceptance of the application for court proceedings, the judge issues a ruling, on the basis of which a civil case is initiated in the court of first instance (Article 133 of the Code of Civil Procedure of the Russian Federation).
The state duty is calculated as the sum of payments for each property and non-property claim. The calculation of the state duty when filing a statement of claim with the court is carried out in accordance with Art. 333.19 of the Tax Code of the Russian Federation. In addition, it is important to know that in some cases the state duty is not paid.
5. Examples of legal advice and services provided

EXAMPLE 1 - REGISTRATION OF LLC
Ivanel E.A. contacted the DD company. and other founders for the registration of LLC. As part of the initial consultation, a detailed procedure was agreed upon, the terms for compiling documents, the dates for certification of documents by a notary, the dates for submitting documents and the terms for fulfilling the contract. The case was referred to a lawyer who fulfilled all the terms of the contract within the terms agreed with the clients. Required package documents were submitted to the tax office for registration. Due to a small technical error, a refusal to register an LLC was received.
Given that the Legal Group "DD" works for the opinion of the client, the head of the company Eliseev A.Yu. decided to pay the state fee anew from his own funds, to resubmit documents at his own expense for registering an LLC. Some time later the LLC was registered.
Due to the delay in terms, the lawyers of the Legal Group "DD" As compensation, the client drew up the necessary contract for the implementation of activities in the LLC. The client was satisfied with the result of the work and the bonuses provided by the company. On this stage the client is considering the option of cooperation in the accounting support of LLC.

EXAMPLE 2 - TERMINATION OF THE CRIMINAL CASE
Chuprov A.S. turned to the company "DD", who asked for help to achieve the termination of the criminal case if, in his opinion, there were sufficient evidence and grounds. The client reported that the investigator who is in charge of his case, for some reason, does not want to close the case and constantly hints at the gratitude that our client should bring him. As part of legal advice by a lawyer in criminal cases, it became clear that not everything is so simple and the evidence presented by the client may not be considered sufficient to close the case. The criminal lawyer drafted a petition for the client to appoint an Autotechnical Expertise, which was supposed to answer questions about our client’s technical ability to avoid a collision.
In this situation, it was not easy to draw up this petition, since it was not clear what questions should be put before the expert. The experience of a criminal lawyer and the experience of an Autolawyer helped the company to accurately determine both the list of questions and the wording of the questions. at this stage, the price of a mistake was very high, but professionalism and experience did their job. A month later, the client called and said that the expert came to the conclusion that there was no technical possibility to avoid a collision with a pedestrian who died as a result of an accident.
The client, with the help of a criminal lawyer and a car lawyer, achieved the termination of the criminal case and entered into an agreement to represent interests as part of compensation for non-pecuniary damage (which must be compensated regardless of guilt). The client was satisfied with the quality of the services provided, the rather low cost of providing legal assistance and the result of the case. In the near future, the client should write a review about the provision of legal services.

EXAMPLE 3 - COPYRIGHT
Citizen Poluboyarinov I.K. applied to the company "DD". He heard about the high qualification of our lawyers from his acquaintances. The reason for the appeal was a violation of his copyright on scientific work. In accordance with Part 1 of Article 48 of the Law of the Russian Federation "On Copyright and Related Rights", the illegal performance of works or objects of related rights, or any other violation of copyright or related rights provided for by this Law, entails civil, administrative, criminal liability in accordance with the legislation of the Russian Federation. Kostin N.A. illegally, without the permission of our client, without reference to the author's scientific works of Poluboyarinov I.K. and without payment of royalties, in his dissertation for the degree of Candidate of Technical Sciences, which was defended on November 14, 2010, he used the materials of the plaintiff's dissertation for the degree of Doctor of Technical Sciences.
The defense of our client's dissertation took place on January 27, 2013, to confirm this, there are all the necessary documents, procedural, and the conclusions of the department, as well as witnesses who were present during the defense of this dissertation. After applying to the legal group "DD" Poluboyarinov I.K., our specialists took up the resolution of this delicate issue. The claim procedure, unfortunately, did not give the desired effect, after which the organization's specialists went to court to protect the interests of our client.
During the consideration of the case, at the request of the company's lawyers, a forensic linguistic examination was appointed, which was carried out at the State Educational Institution of Higher Professional Education "Russian State Institute intellectual property”, the results of which were presented at the court session. Also, during the hearing, testimonies of members of the dissertation council were given, copies of the transcripts of the meetings of the dissertation council were attached to the case. Through the efforts of our lawyers, this difficult case was won. By court order, the defendant was charged moral injury in the amount of 10 thousand rubles, legal expenses for lawyers were compensated, and most importantly, the illegal use of our client's intellectual property was stopped.

EXAMPLE 4 - DEBT COLLECTION
Citizen Grigorenko V.F. turned to lawyers for debt collection. with a question about the recovery of funds under a loan agreement. According to V.F. Grigorenko, it became known that he provided loans to Penin K.B. a large sum of money.
In confirmation of this fact, a receipt was provided in which it was indicated that Penin K.B. borrowed from Grigorenko V.F. a sum of money in the amount of 150,000 rubles and undertook to return it within a certain period of time. Subsequently, this obligation was not fulfilled. A debt collection lawyer drafted a claim letter, to which no response was received.
Debt collection lawyers, together with the client, made a decision to recover funds in court. The debt collection lawyer formulated claims, namely: to recover from Penin K.B. cash provided under a loan agreement in the amount of 150,000 rubles, interest on the use of other people's funds in the amount of 667 rubles, state duty 4,665 rubles. and expenses for the provision of representative services 22 600 RUB. The claim was filed with the Krasnogvardeisky District Court. The defendant appeared at the hearing, the claim was not recognized.
The defendant tried to prove that this agreement he signed while intoxicated and in fact received no money. During the trial, the defendant began to present evidence (witnesses) that confirmed the defendant's version. The debt collection lawyer presented a receipt, a loan agreement, a letter of claim, and also presented evidence that allowed the courts to rule in favor of our client. As a result, the claims were fully satisfied. Grigorenko V.F. was satisfied with the result.

CONCLUSION

As a result of the internship, the theoretical knowledge passed at the academy was consolidated and practical skills were acquired in the specialty "Jurisprudence".
Namely, they studied:
labor protection requirements in the organization and their implementation by employees and responsible officials; constituent documents of the organization; licenses, permits for the right to engage in certain types of activities received by the organization; organizational structure enterprises (organizations); job descriptions of employees of the legal department (lawyer); local regulations of the organization; orders, instructions, other internal documents of the organization affecting the organizational structure, distribution of duties, etc. the procedure for coordinating local acts of the enterprise; the procedure for concluding and coordinating various civil law contracts; During practice:
took part in the drafting and legal examination of contracts, was present at negotiations related to their conclusion and execution; took part in the conduct of claims work; participated in the preparation of materials for filing a claim, statements and consideration of cases in courts. attended the court session; took part in the preparation and legal examination of various documents of a legal nature; studied and collected normative, informational and practical material for the preparation of a thesis.

INSTITUTE OF ECONOMY AND ENTREPRENEURSHIP

(INEP)

FACULTY OF LAW

REPORT

about industrial practice

Moscow 2010

1) Introduction 3

2) General part 4

3) Conclusion 7

4) Applications 8

Introduction

In accordance with the curriculum, I did an internship in the legal department of a limited liability company " law firm"Proximal" from the first of July two thousand and ten to the thirtieth of July two thousand and ten.

I was hired for an internship on the staff of the society as an assistant legal adviser.

Together with the head of the practice, a plan for the internship was drawn up directly in the company, which I successfully completed.

During my internship, I:

Acquainted with the legislation of the Russian Federation, regulating the activities of the company.

I got acquainted with the constituent document - the Charter, approved by the founder of the company.

got acquainted with staffing organizations.

Familiarize yourself with the structure of the organization.

He got acquainted with the organization and content of the work of the company's personnel.

I got acquainted with the content of economic, organizational, managerial and planned work.

I got acquainted with the peculiarities of the work of the legal department: types of civil law contracts concluded on behalf of the company and their specifics.

Familiarize yourself with the work of a legal adviser.

Learned how to draft basic civil law contracts and constituent documents.

He checked the documents for their compliance with the requirements of civil law, and also identified and summarized the shortcomings of their form and content.

Learned how to effectively use the electronic legal systems Garant and Consultant Plus.

Delivered company documents to organizations and government agencies.

Participated in the negotiations of the parties to agree on the form and content of some civil law contracts.

Carried out other activities related to jurisprudence.

a common part

Limited Liability Company "Law Firm "Proximum" is located at the address: Moscow, Profsoyuznaya street, 93A, office 400 and is a commercial organization, whose activities are regulated by the legislation of the Russian Federation and the constituent documents of the company.

The main sources of legal regulation of the activities of the limited liability company "Law Firm "Proximum" are: the Constitution of the Russian Federation, the Civil Code of the Russian Federation and the federal law "On Limited Liability Companies".

Limited Liability Company "Law Firm "Proximum" carries out its activities on the basis of the charter approved by the founder represented by the General Director, who is the supreme sole body of the company. The key area of ​​activity of the company is the provision of paid legal services; legal and related services in the field of assistance in the creation and liquidation of enterprises, their legal, accounting, information, technical support.

The purpose of the organization is to make a profit.

The staff of the company consists of 15 people, the main share of which is occupied by narrow-profile specialists.

While working in the legal department, I relied on the help of my supervisor, whose opinions and advice helped me to understand the essence of work in commercial organization as a legal adviser.

The legal department of Proximum Law Firm Limited Liability Company has a good regulatory and legal framework, presented both in electronic form and in printed form.

A special role in the work of a modern legal department is occupied by an electronic legal base, which is frequently updated and allows you to quickly and accurately find the required legal acts, sample documents, articles in specialized journals and other information. It is difficult to overestimate the importance of such a serious help in the work of any lawyer.

In the process of practice, I acquired the skills of working with the electronic legal systems "Consultant Plus" and "Garant", I learned how to effectively use the available resources. They helped me find answers to questions that arise in the course of my work, such as the search for sources of regulation of certain civil law relations.

During the practice, my immediate supervisor gave me various tasks. For example, I independently drafted a petition to adjourn a court session, prepared a general power of attorney from our company for a representative to various competent authorities, and also drafted and submitted applications to the Office Federal Service state registration, cadastre and cartography in Moscow to obtain an extract on the rights to a real estate object, for submission to the court.

During the internship, the head of the practice suggested that I draw up a contract for real estate appraisal, which was subsequently concluded by our customer with a real estate appraisal company. This agreement seemed very interesting to me because at present real estate valuation is often used in the execution of sale and purchase agreements, which in turn are an important element of civil relations, every practicing lawyer should be able to competently draw up, analyze the form and content of this type of agreements.

The basis for the emergence of relations between the participants in relations for real estate valuation is a contract. The contract between the appraiser and the customer is in writing, although it does not require notarization.

According to Art. 10 of the Law "On valuation activities in the Russian
Federation”, the agreement must contain:

Grounds for concluding a contract;

Type of object of assessment;

Type of determined value (values) of the appraisal object;

Monetary remuneration for the assessment of the object of assessment;

Information about appraiser's civil liability insurance.

In an agreement in without fail information is included on whether the appraiser has a license to carry out valuation activities, indicating the serial number and date of issue of this license, the body that issued it, and the period for which this license was issued.

The appraisal agreement for both a single appraisal object and a number of appraisal objects must contain an exact indication of this appraisal object (objects of appraisal), as well as its (their) description.

An important condition ensuring the protection of the rights of consumers of appraisers' services is insurance of their professional (civil) liability. The appraiser is not entitled to engage in appraisal activities without concluding an insurance contract - the presence of an insurance policy according to federal law is prerequisite to obtain a license to carry out appraisal activities. The sum insured in the event of an unfair valuation of property guarantees the customer, if he has suffered material damage for this reason, a certain monetary compensation.

The independence of the appraisal is also ensured by the provisions of the federal law on preventing interference in the appraisal of property. stakeholders, including the customer, if this may adversely affect the reliability of the assessment results. Appraisers should not be founders, owners, shareholders or officials of this joint-stock company either by customers or individuals who have a property interest in the object of appraisal, or be closely related or related to such persons.

The amount of payment to the appraiser for the appraisal of the appraisal object cannot depend on the final value of the appraisal object.

Proper fulfillment of the appraisal contract is evidenced by the professional appraiser's report on the appraisal of the object transmitted to the customer.

An appraisal report is a written document that meets all the requirements of professional ethics, clearly and in an accessible way reflecting the course of the appraisal process and containing the initial data used by the appraiser, their analysis, conclusions and the final value. The appraisal report appendix contains all photographs, sketches, and maps not included in the main sections of the report. Sometimes the appendix includes a glossary of terms.

In the report, in addition to the limiting conditions, assumptions may be indicated - statements made by the appraiser during the assessment process based on his professional opinion, but not supported by actual data.

Basic requirements for the assessment report.

The appraisal report of the object of appraisal must be drawn up in writing and handed over to the customer in a timely manner. The report must not be ambiguous or misleading. If not market value is determined, but other types of value, the criteria for establishing the result of the appraisal and the reasons for the deviation from the possibility of determining the market value of the appraisal object should be indicated.

The report may also contain other information that, in the opinion of the appraiser, is very important for the completeness of the reflection of the method used by him to calculate the value of a particular object of appraisal.

The report is personally signed by the appraiser and certified with a seal.

If there is a dispute about the reliability of the value of the market or other value of the appraisal object, established in the report, this dispute is subject to consideration by the court. The court that accepted for consideration the case on the reliability of the final value of the appraisal object or in connection with the consideration of the case with a different subject matter of the claim, has the right to appoint an appraiser by its ruling to re-appraise the appraisal object in the manner established by the procedural legislation of the Russian Federation.

Conclusion

Passage of industrial practice is an important element of the educational process for the preparation of a specialist in the field of jurisprudence.

During its passage, the future lawyer applies the knowledge, skills and abilities acquired during the training process in practice.

The main objectives of the production practice are:

Gaining practical experience as a legal adviser.

Improving the quality of professional training.

Education of a specialist in the spirit of respect for the law.

Consolidation of acquired knowledge in general and special legal disciplines.

Testing students' ability to use the law.

The wide coverage of the branches of Russian law, which I had to deal with in practice, allowed me to assimilate the studied theoretical material obtained in the classroom at the institute.

I mastered the basics of applying the norms of Russian law in practice, I understood how some laws and by-laws that I did not understand work, I realized their significance in practice.

Unfortunately, I can note that a feature of the Russian legal system is the imperfection of the regulatory framework, and, as a result, frequent or systematic violations of the law, intentionally or out of ignorance, by the vast majority of participants in civil law transactions in the Russian Federation.

The practice helped me learn how to independently solve a certain range of tasks that arise in the course of the work of a company's legal adviser. In particular, I learned how to draw up certain types of civil law contracts, analyze their content and their form.

I realized that in practice the main part of the knowledge I received in the classes at the Institute would be in demand. I realized that in currently, the time of rapid updating of the legislative framework, one should not underestimate the importance of electronic information systems, such as the legal system "Garant" and "Consultant Plus".

Also, a great help in solving the tasks was provided by world network The Internet, where you can currently find a lot of useful information in the field of law, and also, which is a means of business electronic correspondence.

APPS

Job description of a legal assistant No. 15 of 07/06/2010

Copy of the motion to set aside the case

A copy of the contract No. 1507-2010/03 for the assessment dated 07.2010

A report on the passage of a summer internship for a student who is mastering the profession of a legal profile must include:

1. Introduction. In this part of the report, you need to define the goals of the internship and list all the skills that you plan to show in your work.

2. Main part, which lists the methods and methods that will be used to implement the goals set for the duration of the training practice.

Here indicative list some of the proposed tasks:

studying the structure of the department specific enterprise or in general legal organization, with the obligatory consideration of the specifics of all types of activities in the organization;

studying the necessary procedures for registering a legal entity;

study of various regulatory legal acts that are applied when accompanying the work of a legal entity;

description of the direct participation and conclusions of the student on the preparation of protocols and civil law contracts;

study of legislative acts that regulate labor relations in this organization;

development of the necessary experience in the preparation of job descriptions, employment contracts and regulations.

3. Final part. This usually includes conclusions about the work of a lawyer, as well as in general about the executive and legislative bodies.

4. Be sure to list all excerpts from a specific literature if they were used in the report.

Traditionally, a report on the practice of a lawyer has the character of describing specific cases in which he was somehow able to prove himself and get results at the end. The cases that are described in the report should usually have a pronounced character and have a legal meaning, and their subject matter will always depend on the specifics of the organization where the student is practicing. The study of the legal framework on which the solution of the tasks set is based must necessarily be included in the description of the examples. In other words, the student must reflect in the report a step-by-step solution of problems and describe separately each normative moment when solving any legal problems.

All descriptions must be provided with extracts from the regulations and laws that are associated with the process. Every future lawyer should be able to describe his own actions in sufficient detail, of course, from a legal point of view. A law student should also be able to list all the laws and regulations on which he relied during the solution of the tasks assigned to him. He needs to bring his own conclusions and proposals of a rational nature on the key and main points of each case he describes.

It is necessary to describe separately the cases when during the internship it was necessary to seek advice from representatives of various competent structures. In the report, it is important to reflect the conclusions about all the information received, if the purpose of the appeal was the possibility of studying law enforcement practice. In addition, the report must list all the documents that were studied along the way, as well as explain the benefits that they brought.

Traditionally, the reports on the study practice of all students of law schools are narrative in nature. Although, when compiling a report and describing the studied material, it is best to use only legally literate language to present information. When mentioning excerpts from regulations and laws, it is also necessary to do everything according to the rules and be sure to accurately indicate all sources.

Report on the completion of industrial practice in LLC

about passing the production

Compiled by: 3rd year student

specialty PSO (Correspondence department)

In accordance with the curriculum, I did an internship in a limited liability company ""

The head of practice from the organization was the general director (order dated June 8, 2009 No. Р135)

The purpose of this practice is to acquire primary skills and professional skills, to consolidate and deepen the knowledge I received in the process of theoretical training, as well as to gain practical experience in working in a team.

I did an internship at LLC. Limited Liability Company "" works in the computer field. The purpose of the company is to repair computers and office equipment, as well as various computer programs and much more. Realization of the goal is carried out with the help of experienced qualified employees. Location of LLC "": office building located at the address:

During the internship, I achieved the goals of this practice. I summarized the knowledge I received, diligently carried out all the instructions of my leadership, while being in a team. During the internship, I got acquainted with the structure of the enterprise, got an idea about official duties specialists of the enterprise, analyzed the work done by me, drew conclusions. These findings are presented by me in this internship report. In the appendices, after the main part of the report, sample documents are presented.

Field Practice Report in the Legal Department

INSTITUTE OF ECONOMY AND ENTREPRENEURSHIP

about industrial practice

student 5th course, group Yu-51

Malyutov Timur Shamilevich

Place of internship

Limited Liability Company

"Law firm "Proximum"

Supervisor Kovalev G.P.

The report was submitted to the department ____________________

The report was defended _________________

2) General part 4

In accordance with the curriculum, I did an internship in the legal department of the Proximum Law Firm Limited Liability Company from July 1, two thousand and ten to July 30, two thousand and ten.

I was hired for an internship on the staff of the society as an assistant legal adviser.

Together with the head of the practice, a plan for the internship was drawn up directly in the company, which I successfully completed.

- got acquainted with the legislation of the Russian Federation regulating the activities of the company.

- got acquainted with the constituent document - the Charter, approved by the founder of the company.

- Familiarize yourself with the structure of the organization.

- got acquainted with the organization and content of the work of the company's personnel.

- got acquainted with the content of economic, organizational, managerial and planned work.

- Familiarize yourself with the work of a legal adviser.

— learned how to draw up drafts of the main civil law contracts and constituent documents.

— checked the documents for their compliance with the requirements of civil law, as well as identified and summarized the shortcomings of their form and content.

— learned how to effectively use the electronic legal systems "Garant" and "Consultant Plus".

- Delivered documents of the company to organizations and government agencies.

- participated in the negotiations of the parties to agree on the form and content of some civil law contracts.

- carried out other activities related to jurisprudence.

Limited Liability Company "Law Firm "Proximum" is located at the address: Moscow, Profsoyuznaya street, 93A, office 400 and is a commercial organization, whose activities are regulated by the legislation of the Russian Federation and the constituent documents of the company.

The main sources of legal regulation of the activities of the limited liability company "Law Firm "Proximum" are: the Constitution of the Russian Federation, the Civil Code of the Russian Federation and the federal law "On Limited Liability Companies".

Limited Liability Company "Law Firm "Proximum" carries out its activities on the basis of the charter approved by the founder represented by the General Director, who is the supreme sole body of the company. The key area of ​​activity of the company is the provision of paid legal services; legal and related services in the field of assistance in the creation and liquidation of enterprises, their legal, accounting, information, technical support.

The purpose of the organization is to make a profit.

The staff of the company consists of 15 people, the main share of which is occupied by narrow-profile specialists.

While working in the legal department, I relied on the help of my supervisor, whose opinions and advice helped me to understand the essence of working in a commercial organization as a legal adviser.

The Legal Department of the Limited Liability Company Proximum Law Firm has a good regulatory framework, presented as in in electronic format as well as in printed form.

A special role in the work of a modern legal department is occupied by an electronic legal base, which is frequently updated and allows you to quickly and accurately find the required legal acts, sample documents, articles in specialized journals and other information. It is difficult to overestimate the importance of such a serious help in the work of any lawyer.

In the process of practice, I acquired the skills of working with the electronic legal systems "Consultant Plus" and "Garant", I learned how to effectively use the available resources. They helped me find answers to questions that arise in the course of my work, such as the search for sources of regulation of certain civil law relations.

During the practice, my immediate supervisor gave me various tasks. For example, I independently drafted a petition to adjourn a court session, prepared a general power of attorney from our company for a representative to various competent authorities, and also drafted and submitted applications to the Office of the Federal Service for State Registration, Cadastre and Cartography in Moscow to obtain an extract on the rights to an immovable property property to be brought to court.

During the internship, the head of the practice suggested that I draw up a contract for real estate appraisal, which was subsequently concluded by our customer with a real estate appraisal company. This agreement seemed very interesting to me because at present real estate valuation is often used in the execution of sale and purchase agreements, which in turn are an important element of civil relations, every practicing lawyer should be able to competently draw up, analyze the form and content of this type of agreements.

The basis for the emergence of relations between the participants in relations for real estate valuation is a contract. The contract between the appraiser and the customer is in writing, although it does not require notarization.

According to Art. 10 of the Law "On valuation activities in the Russian
Federation”, the agreement must contain:

- grounds for concluding a contract;

- type of the object of assessment;

— type of value (values) of the appraised object to be determined;

- monetary reward for the assessment of the object of assessment;

— information about appraiser's civil liability insurance.

The agreement must include information about the appraiser's license to carry out valuation activities, indicating the serial number and date of issue of this license, the authority that issued it, and the period for which this license was issued.

The appraisal agreement for both a single appraisal object and a number of appraisal objects must contain an exact indication of this appraisal object (objects of appraisal), as well as its (their) description.

An important condition ensuring the protection of the rights of consumers of appraisers' services is insurance of their professional (civil) liability. The appraiser is not entitled to engage in appraisal activities without concluding an insurance contract - the presence of an insurance policy in accordance with federal law is a prerequisite for obtaining a license to carry out appraisal activities. The sum insured in the event of an unfair property valuation guarantees the customer if he has suffered for this reason material damage some monetary compensation.

The independence of the valuation is also ensured by the provisions of the federal law on preventing interference in the valuation of property by interested parties, including the customer, if this may adversely affect the reliability of the valuation results. Appraisers should not be founders, owners, shareholders or officials of this joint-stock company, or customers, or individuals with a property interest in the object of appraisal, or be closely related or related to such persons.

The amount of payment to the appraiser for the appraisal of the appraisal object cannot depend on the final value of the appraisal object.

Proper fulfillment of the appraisal contract is evidenced by the professional appraiser's report on the appraisal of the object transmitted to the customer.

The assessment report is a written document that meets all the requirements professional ethics, which clearly and in an accessible way reflects the course of the evaluation process and contains the initial data used by the appraiser, their analysis, conclusions and the final value of the value. The appraisal report appendix contains all photographs, sketches, and maps not included in the main sections of the report. Sometimes the appendix includes a glossary of terms.

In the report, in addition to the limiting conditions, assumptions may be indicated - statements made by the appraiser during the assessment process based on his professional opinion, but not supported by actual data.

Basic requirements for the assessment report.

The appraisal report of the object of appraisal must be drawn up in writing and handed over to the customer in a timely manner. The report must not be ambiguous or misleading. If not market value is determined, but other types of value, the criteria for establishing the result of the appraisal and the reasons for the deviation from the possibility of determining the market value of the appraisal object should be indicated.

The report may also contain other information that, in the opinion of the appraiser, is very important for the completeness of the reflection of the method used by him to calculate the value of a particular object of appraisal.

The report is personally signed by the appraiser and certified with a seal.

If there is a dispute about the reliability of the value of the market or other value of the appraisal object, established in the report, this dispute is subject to consideration by the court. The court that accepted for consideration the case on the reliability of the final value of the appraisal object or in connection with the consideration of the case with a different subject matter of the claim, has the right to appoint an appraiser by its ruling to re-appraise the appraisal object in the manner established by the procedural legislation of the Russian Federation.

Passage of industrial practice is an important element of the educational process for the preparation of a specialist in the field of jurisprudence.

During its passage, the future lawyer applies the knowledge, skills and abilities acquired during the training process in practice.

The main objectives of the production practice are:

- Gaining practical experience as a legal adviser.

— improving the quality of professional training.

- education of a specialist in the spirit of respect for the law.

— consolidation of acquired knowledge in general and special legal disciplines.

- checking the ability of students to use the law.

The wide coverage of the branches of Russian law, which I had to deal with in practice, allowed me to assimilate the studied theoretical material obtained in the classroom at the institute.

I mastered the basics of applying the norms of Russian law in practice, I understood how some laws and by-laws that I did not understand work, I realized their significance in practice.

Unfortunately, I can note that a feature of the Russian legal system is the imperfection of the regulatory framework, and, as a result, frequent or systematic violations of the law, intentionally or out of ignorance, by the vast majority of participants in civil law transactions in the Russian Federation.

The practice helped me learn how to independently solve a certain range of tasks that arise in the course of the work of a company's legal adviser. In particular, I learned how to draw up certain types of civil law contracts, analyze their content and their form.

I realized that in practice the main part of the knowledge I received in the classes at the Institute would be in demand. I realized that at the moment, the time of rapid updating of the legislative base, one should not underestimate the importance of electronic information systems, such as the legal system "Garant" and "Consultant Plus".

Also, a great help in solving the tasks was provided by the global Internet, in which one can currently find a lot of useful information in the field of law, as well as, which is a means of business electronic correspondence.

Job description of a legal assistant No. 15 of 07/06/2010

Copy of the motion to set aside the case

A copy of the contract No. 1507-2010/03 for the assessment dated 07.2010

Moscow Finance and Law Academy

Department of Legal Disciplines

Report on undergraduate practice

Student of ___ course

distance learning

Place of internship: Limited Liability Company " *** ”, Kaluga region Obninsk, Kurchatov street, 41 tel. ________________

Terms of practice: from 09/06/2010 to 10/17/2010

Practice leader: _________________, General Director of LLC *** »

The purpose of the internship is to put into practice the knowledge of regulatory legal acts and develop skills in drafting various civil law contracts, employment contracts and other local documents, studying the interaction of the organization with tax, judicial and executive bodies states.

To achieve this goal, the following tasks were set during the internship:

– study of the structure, management procedure of a legal entity, taking into account the specifics of its activities, study of the procedure for registering a legal entity;

– study of legal acts regulating the activities of a legal entity;

– development of skills in drafting civil law contracts, protocols of disagreements, negotiating;

– studying the legislation regulating labor relations in the organization;

— developing skills in drafting employment contracts, job descriptions and other personnel documents

— study of work with information legal systems on the example of "Consultant +"

- study of the judicial practice that has developed in the organization.

During my internship, I:

— got acquainted with the legislation of the Russian Federation regulating the activities of CJSC.

- got acquainted with the constituent document - the charter approved by the founders of the company.

- Familiarize yourself with the staffing table of the organization.

— got acquainted with the peculiarities of the work of the legal department: types of civil law contracts concluded on behalf of the company and their specifics.

— learned how to effectively use the electronic legal system "Consultant+".

Studying the basics of the activities of LLC "***"

OOO " *** » registered on 06.09.2009 Directions of activity of OOO " *** » — sale of office equipment, components and Supplies for her. OOO " *** » established in the form of a limited liability company. The company has a seal with its name, brand name, bank accounts in rubles. I have studied the charter of the society, memorandum of association, minutes of meetings of the founders, accounting policy. The company was founded by one founder.

The main sources of legal regulation of the company's activities are: the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the Labor Code of the Russian Federation, the Tax Code of the Russian Federation and the Federal Law of February 8, 1998 N 14-FZ "On Limited Liability Companies".

The property of the company consists of: a store (trading premises), warehouse and office premises leased from the organization under a lease agreement, inventory in the warehouse, cash in bank accounts.

The organization structure is as follows:

Head (CEO)

Deputy Head (Financial Director)

Accounting (4 people, including the chief accountant)

Legal department (1 person)

Personnel department (2 persons)

Purchasing department (6 persons)

Retail store (7 people)

Sales department (4 persons)

In total, at the time of my internship, 30 employees worked in the organization.

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Lawyer practice report

During the study of any legal specialty, the student undergoes three types of practice, and at the same time gets the opportunity to get acquainted with future work and apply their knowledge and skills.

• Introductory practice takes place at the end of the first course. In accordance with the name, its purpose is to introduce the student to the basic principles and standards of the profession.
• Industrial practice usually takes place in the middle of training (3-4 courses) and allows the student to get involved in the activities of the enterprise, apply the theoretical knowledge gained.
• Pre-diploma practice takes place immediately before passing the state exam. The information obtained in the process of passing is used to write a graduation project.

As a result, the student writes a report on the practice of a lawyer, in which he reflects the information received, draws conclusions, talks about the acquired skills. To protect the final work perfectly, you need to make a plan, analyze the information and write a competent, detailed report.

To be sure of getting a high-quality result, you can order a report on the practice of a lawyer on the Author24 portal, from specialists with rich experience in teaching. Each of them is familiar with the standards and requirements for a report on the practice of a lawyer, is able to write a paper in an informative, structured way, using up-to-date information. As a result, you will get an excellent mark and appear before the teacher in a favorable light.

It will also help to write a report on the practice of a lawyer - a sample on the example of which it will not be difficult to cope with this work.

The content of the report on the passage of the practice of a lawyer

As with any academic work designed to reflect the level of knowledge and skills of a student, a report on the practice of a lawyer is subject to content requirements. The plan can be recommended in the guidelines or compiled by the student on their own.

• The introduction includes setting goals and objectives.
• The main part can be written depending on the requirements of a particular educational institution. It includes a practice report in the legal department for each day, individual tasks, the results of their implementation, sample documents, and other data. It is logical to include in the work a section describing the structure of the enterprise where the practice is carried out, regulatory documents, standards and other information. After that, you should go to the section about your activities.
• The conclusion tells short form about the results of the work performed and the conclusions drawn.
• List of literature and documentation.
• Applications (if necessary).

The advantage of the Internet exchange Author 24 is that the author performs each work individually, taking into account all the requirements and criteria. In the process of writing, you can communicate with the performer and clarify important points. As a result, you receive a report on the practice of a lawyer on time and free up valuable time.

To select a performer, in his personal profile, view an example of a report on the practice of a lawyer that he has already done, or samples of other work.

Preparation of a report on the practice of a lawyer

Special attention is paid to correct design report on the practice of a lawyer. Standards also vary educational establishments may make their own demands. appearance work. To submit the project on time, it is better to clarify all the nuances at the department in advance or ask for an example of a lawyer’s practice report. The main requirements include:

• The work must be stitched and numbered. Numbering usually starts from the second sheet.
• The title page contains information about the student and curator, the title of the report, and the place of internship.
• The text must be printed on white sheets of A4 format in a single font. You should also observe a single alignment, margin sizes.
• A report on the practice of a lawyer may contain sections and subsections, all of which are numbered.