Report on practice at the enterprise factory lawyer. Activities of the legal adviser of LLC 'Triol'

MINISTRY OF EDUCATION AND SCIENCE OF THE RUSSIAN FEDERATION

FEDERAL AGENCY FOR EDUCATION

State educational institution of higher professional education

RUSSIAN STATE UNIVERSITY OF TRADE AND ECONOMICS

KEMEROVSK INSTITUTE (branch)

Department of Civil Law and Process

REPORT

on the passage of production (pre-diploma) practice

student of the specialty 030501.65 "Jurisprudence"

Last name: XXX

Group_UGPz - 061___ Form of study ___ part-time __

Place of internship: IP XX, network of stores "XX"

The period of internship is from 13.04 to 25.05.2011.

Head of practice from the organization (enterprise, institution)

(Full name, position) XX., Lawyer.

Head of practice from the institute (full name, position) ____________

______________________________ ______________________________

Admission to protection

______________________

from the Institute)

"____" _____________ 201__

_________________________

(grade)

______________________

(signature of the head of practice

from the Institute)

"____" _____________ 201__

Kemerovo 2011

1. Introduction…………………………………………………………………………..3-4

2. Internship plan…………… ………………………………………….5

3. Diary………………………………………………………………………......6-11

4. Conclusion……………………………………………………………………..12-13

5. Characteristics……………………………………………………………………….14

6. Procedural documents…………………………………………….……. 15-27

Introduction

In accordance with the curriculum, I, XX, had an internship with an Individual Entrepreneur XX. for 6 weeks from 04/13/2011 to 05/25/2011

The head of the legal department XX acted as the head of practice from the organization.

The purpose of the practice according to the training profile is: to consolidate the theoretical knowledge gained in the learning process, to obtain primary professional skills and abilities of a lawyer based on the activities of the selected organization (enterprise, institution).

General tasks of industrial practice:

Familiarization with the specifics of the enterprise, its structure, the main functions of production and management departments;

Study of the regulatory framework, document flow, familiarization with the work of information legal programs;

Formation of practical work skills through participation in the daily activities of the enterprise;

Private tasks of industrial practice:

Acquaintance with the competence of the legal department and the organization's work procedure;

Familiarization with the agreement on confidentiality and non-disclosure of information;

Acquaintance with the contracts of the organization, the procedure for their registration and storage;

Familiarization with the procedure for drawing up powers of attorney and other legal documents;

claim work;

Preparation of responses to claims;

Acquaintance with supply contracts;

Preparation of objections to claims for consumer protection;

Filling out cover letters;

Sending mail;

Preparation of petitions for consideration of the case in the absence of the defendant;

Preparation of lease agreements for premises;

Work with consumers: clarification of their rights, telephone conversations;

Preparation of a statement of claim for the recovery of debt under supply contracts for arbitration;

Familiarization with the settlement agreement, as a result of the end of the case at the stage of pre-trial proceedings;

Familiarization with the stages of participation in the process of the case of the world court;

In my work, I was guided by the Civil Code of the Russian Federation, the Tax Code of the Russian Federation, the Law "On Protection of Consumer Rights", Decree of the Government of the Russian Federation of 19.01.1998 No. 55 and Decree of the Government of the Russian Federation of 13.05.1997 No. 575

p/n

Production plan practices

Pass date
1. Production meeting at the beginning of practice. Acquaintance with the place of internship 13.04.2011
2. Studying the history of the creation and development of an organization (enterprise, institution) and its organizational and legal form. 14.04.2011
3. Studying the functions, organizational structure and material resources of the enterprise 15.04.2011
4. 16.04.2011
5. Direct participation in the work of the organization (enterprise, institution) in the form of the preparation of legal documentation and personal participation in its practical activities 17.04 – 24.05.2011
6. Preparation of an internship report 25.05.2011
7. Practice report defense 13.06.2011

A diary

production (undergraduate) practice

students gr. YuGPz-061 Oshurkova E.A.


No. p / p
date of

(day, month)


Summary

daily practice assignments

Mark of the head of the practice from the organization on the work performed by the student-trainee
Signature of the manager

parent

1. 13.04.2011 Getting to know the place of work
2. 14.04.2011 Studying the history of the establishment of an enterprise, its organizational and legal form
3. 15.04.2011 Studying the functions, organizational structure and material resources of the enterprise
4. 18.04.2011 The study of information material, including the workflow of the enterprise
5. 19.04.2011 Studying the regulatory legal acts of the company
6. 20.04.2011 Claim work: familiarization with the preparation of responses to claims
7. 21.04.2011 Preparation of a statement of claim in court, claim work
8. 22.04.2011 Drawing up an agreement on the examination
9. 25.04.2011 Preparing an objection to a claim
10. 26.04.2011 Familiarization with the petition for holding a court session in the absence of the defendant
11. 27.04.2011 Preparing an appeal
12. 28.04.2011 Drawing up a petition for the appointment of a forensic examination
13. 29.04.2011 Acquaintance with contracts for the supply, lease of premises.
14. 03.05.2011 Drafting and editing company contracts
15. 04.05.2011 Claim, response. Telephone conversations with consumers.
16. 05.05.2011 Receipt of complaints, preparation of answers to them.
17. 06.05.2011 Preparation of a statement of claim in the case of Petrov P.P. Tomsk
18. 10.05.2011 Preparation of an application for the postponement of enforcement actions in connection with the appeal of the appeal decision
19. 11.05.2011 Drawing up an explanation for Rospotrebnadzor on checking the quality of goods
20. 12.05.2011 Drafting responses to customer complaints, telephone conversations
21. 13.05.2011 Drafting a statement of withdrawal of a claim, studying the rules for drawing up and the consequences of refusing a claim under the agro-industrial complex of the Russian Federation
22. 16.05.2011 Drawing up an agreement on the examination of the quality of goods.
23. 17.05.2011 Drawing up petitions to the court for the appointment of an examination
24. 18.05.2011 Acquaintance with the process of participation of the defendant in the Magistrate's Court
25. 19.05.2011 Responding to consumer complaints.
26. 20.05.2011 Drawing up a supply contract, drawing up a statement of claim
28. 23.05.2011 Drawing up requests for the appointment of an examination
29. 24.05.2011 Receiving claims, preparing responses to them
30. 25.05.2011 Compilation and presentation of practice report.

The enterprise was organized in the form of an Individual Entrepreneur in 2005. The full name of the enterprise is Individual Entrepreneur XX (hereinafter IP XX).

The enterprise was established in accordance with the Constitution of the Russian Federation, the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs" dated 08.08.2001. No. 129-FZ. The company is guided in its activities by the Civil Code Russian Federation, the Federal Law "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control" dated December 26, 2008 No. 294-FZ, as well as the Tax Code of the Russian Federation dated August 05, 2000 No. 117-FZ.

The basis for the creation of IP XX. is the pursuit of economic activity for profit.

Legal department IP XX. consists of three people: head of the legal department, lawyer, legal assistant.

The main tasks of the legal department:

1. Legal support for the activities of the enterprise and defending its legitimate interests.

2. Maintenance of contractual, claim, and lawsuit activities of the enterprise.

3. Implementation of legal expertise of local acts of the enterprise.
4. Consulting officials and employees of the enterprise on legal issues.

Functions of the legal department:

1. Carries out legal expertise of letters, civil contracts and agreements concluded by the enterprise with contractors.
2. Prepares for the conclusion of civil law contracts.

3. Participates in negotiations with counterparties of the enterprise on the conclusion of contracts and agreements.

4. Defends the interests of the enterprise in the manner prescribed by law. Conducts claim work of the enterprise, prepares lawsuits, reviews, complaints and submits them to the judicial authorities.

5. Conducts work on the execution of judicial acts in the interests of the enterprise.
6. Participates in negotiations on social and labor issues between the enterprise and state authorities, bodies local government, employees of the enterprise.

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:

An assistant is needed for lawyers and notaries.

The trainee can independently determine where he will take the practice, or ask for help from the supervisor who will help to pass the 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. provide legal support for 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 of contract work, including the conclusion of a contract paid provision services, sales contract
  • 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 (LLC, IE, preschool educational institution, State institution), surname, name, patronymic of the head, what constituent document defines his powers are indicated in full. Necessary:

  1. reveal the structure of the organization,
  2. determine the conditions for ensuring the activities of the company,
  3. describe the functions of the departments,
  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 the practice from the organization, so you need to treat it 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 the basis for a student's thesis.

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

The activity of a school psychologist is closely related to the focus on improving the psychological health of schoolchildren and on the possible correction of the behavior of children with manifestations of deviation in behavior.

An ecologist is a researcher or representative of an organization who is called upon to create projects and programs that promote conservation environment. At present, the public awareness of the importance of efforts to preserve and increase natural resources has come.

Today Gazprom is one of the richest and most promising companies in Russia. Therefore, there is nothing surprising in that.

All students sooner or later have to undergo practical training, and then write a report on it. This document will serve as a work for teachers of the department, thanks to which they will be able to evaluate the student's activities in practice.

The main goal and objective of any practice is to deepen and consolidate the theory received earlier in training. In addition, a student in real conditions will be able to gain professional skills, collect for himself the information necessary for writing a thesis and undergraduate work.

An audit internship report is required for all students doing internships in the field. In fact, writing such a work is not as easy as it might seem at first. The thing is that such a report is presented a large number of requirements.

Reports on industrial practice (jurisprudence)

Any job well done must reach its logical end sooner or later. So the report on undergraduate practice always contains in its content a conclusion written by a graduate student who painstakingly created the result for a long time.

Before proceeding with the preparation of a practice report, it is necessary to collect regulations which will form the basis of the work. First of all, you will need the charter of the organization, job descriptions, contracts, archival documents, summary sheets.

Graduates of many higher educational institutions have internships in banks. Therefore, the question of the correct writing of the report is tormented by thousands of students. But if you learn the correct writing structure and stick to it, you can easily and quickly complete all the work.

A lawyer is a specialist in the field of jurisprudence, this is a person who has received a legal education and specializes in the field of law. During an internship in the legal department, students must reinforce their theoretical knowledge.

Before starting practical training, the student will need to draw up an internship plan for himself. It is the main form required for student reporting on their practical training.

A report on the student's activities during the internship must be written by the supervisor appointed by the enterprise. This document must be certified by his signature.

The archivist belongs to the group technical specialists. It is possible to appoint him to a position and dismiss him only based on the order of the director of the relevant company, on the proposal of the head of the archive. He must also report immediately to the head of the archive.

The student's industrial practice consists in mastering the complex skills and abilities to carry out certain legal procedures. This type of practice is carried out at an economic entity, state or municipal government, or in a human rights organization (law enforcement agency).

The report on the industrial practice of a lawyer should contain: the type of legal procedure, its social and practical value and necessity, a step-by-step plan for preparing a legally significant action, an expected result, a comparison with the actually obtained result.

The practice is carried out under the close attention of the leader, in compliance with the law enforcement principle: “Do no harm”. The result of the practice is the provided procedural document attached to the report, independently developed and compiled taking into account the requirements of the law. If the specificity of the student's practice was to provide legal advice, then the practice report should detail at least 3 such consultations with references to the practice normative base.

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: _________________, CEO OOO " *** »

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 of the state.

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.

- 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.

— 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 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 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 consumables for it. 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 studied the charter of the company, the memorandum of association, the minutes of the meetings of the founders, and the 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, 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 shop (sales premises), warehouse and office space leased from the organization under a lease agreement, inventory in the warehouse, Money on 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.

Lawyer internship report

Lawyer training practice, how to write a practice report correctly

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 is a rough list of some of the proposed tasks:

  • studying the structure of a department of a particular 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.

    Introductory practice report

    One of the elements of the educational process is an introductory practice, the place of passage of which the student can choose on their own, and it can also be recommended by the curator. The essence of the practice is that the future specialist gets acquainted with the profession, its subtleties directly in the organization. This is a kind of excursion to the enterprise. No one will force the student to do any difficult tasks, perhaps he will be entrusted with the execution of small assignments. The task of the student during the introductory practice is to observe how qualified specialists perform their work. And, accordingly, get a general idea of ​​your future specialty.

    Examples of practice reports:

    Specific practice:

    There is nothing complicated in passing the introductory practice. But after its completion, a report must be submitted to the department, it is understood that writing it is the task of the student. This is not difficult to do, especially since you do not need to protect this report. It is simply written and handed over to the curator. But be that as it may, all the same, this work must be written. And since it does not carry any special semantic load, many students prefer not to spend their time writing it, but to order it to someone who already has a similar experience. It can be senior students, graduate students from the department. This service is inexpensive. Before placing an order, the student should collect certain information. It includes data about the enterprise where the study practice took place. It also requires a clear formulation of the objectives of the practice, so that there is something to build on when writing a report. Tasks are usually set by the curator. No official documents from the enterprise where the student practiced are required. If the student can only say the name of the enterprise, such work costs a little more.

    You should not be afraid that the curator will suspect the student of dishonesty. No one expects originality from the work done, especially if the student did not practice alone, but as part of a group of classmates. The instructor will likely skim through the report without going into details. This is where a student may want to copy a report from a classmate - you should not do this. Although such a report is a pure formality, teachers do not like obvious neglect of duties. No one will figure out who cheated from whom. It will turn out to be an ugly situation. Therefore, it is better to order the writing of this work, while looking closely at the author. It is possible that in the future you will have to use his services more than once, and such work, which is not expensive in time and finances, will help determine its level.

    An example of a report on the practice of a lawyer. Educational introductory practice in the legal department with the seal of the company

    1.1 The purpose of the training practice

     General familiarization with the activities of the enterprise;
    - familiarization with the peculiarities of the company's work;
     study of the management structure of the organization;
     familiarization with the peculiarities of the work of the legal department;
     study of the structure of the Department;
     study of the duties of a lawyer;
     study of the place and role of a lawyer in the organization;
     acquisition of teamwork skills;
     receiving practical experience work as a lawyer;
    - quality improvement vocational 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 to use the law.

    1.2 Place of internship

    LLC "FLY-MEKS". Address: Moscow, Pr. Mira, 64.
    Start date November 01, 2006 End date December 29, 2006
    internship as a paralegal.
    The duration of the practice is 162 hours.

    1.3 Work performed during the practice

     Familiarization with the activities of the organization;
     Study of the organization's management structure;
     Acquaintance with the constituent documents of the company;
     Studying the direction of activity of the legal service of the enterprise
     Studying and drawing up job descriptions;
     Familiarization with the tasks solved by the legal service of the enterprise;
     The study of the features of various legal relations, in the regulation of which the legal service of the enterprise takes part:
     Tax legal relations;
     Civil legal relations;
    Labor relations.
     Familiarization with the procedure for conducting claims and judicial work legal service of the enterprise;
     Verification of documents of the enterprise management bodies
    - Design check labor relations(employment contracts, work books, orders);
     Checking the maintenance of contractual legal work:
     Checking the conduct of personnel work and compliance with internal documents enterprises;
     Checking the compliance of personnel with their positions in accordance with legal requirements:
     Analysis of the protection of the interests of the owners of the enterprise from possible risks;
     Drawing up contracts for the provision of works (services), execution of powers of attorney, claims.

    During my internship, I completed:
    familiarization with the legislation of the Russian Federation regulating the activities of the company;
    familiarization with the constituent document - the charter approved by the founder of the company;
    familiarization with the structure of the organization;
    familiarization with the organization and the functions and duties performed by the employees of the enterprise;
    familiarization with the content of economic and organizational work;
    familiarization with the features of the work of a lawyer in the field of trade;
    familiarization with the types of civil law contracts, their specifics;
    familiarization with the features of the work of a lawyer;
    acquisition of skills in drafting basic civil law contracts, contracts for the provision of paid services, drawing up powers of attorney and other documents;
    acquisition of skills in checking documents for their compliance with the requirements of civil law, as well as identifying and summarizing the shortcomings of their form and content;
    improving knowledge in the use of electronic legal systems "Garant" and "Consultant +";
    delivery of company documents to organizations and state bodies;

    taking direct part in the collection of packages of documents for the conclusion of contracts for the provision of works (services);
    participation in the negotiations of the parties to agree on the form and content of certain civil law contracts.
    I mastered some of the subtleties of applying the norms of Russian law in practice, I understood how some laws and by-laws work, which I did not understand, I realized their significance in practice.
    Unfortunately, it is possible that a feature of the Russian legal system is the imperfection of the regulatory framework, and, as a result, violations of the law, intentionally or out of ignorance, by some citizens and legal entities.
    Practical activity helped me learn how to independently solve a certain range of problems that arise in the course of the work of a lawyer. In particular, I learned how to draw up certain types of civil law contracts, analyze their content and their form. Appendix 13 contains job descriptions for the Head of the Legal Department and the legal adviser of Fly-Max LLC.
    During the internship, I had to consult with representatives of the competent structures, deeply study the legal framework and law enforcement practice.
    In practice, the bulk of the knowledge gained in the classroom will be in demand. It became clear that at the moment, the time of rapid updating of the legislative framework, one should not underestimate the importance of electronic information systems, such as, for example, the legal system "Garant". 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, and also, which is a means of business electronic correspondence.

    1. INTRODUCTION 3
    1.1 PURPOSE OF PRACTICE 3
    1.2 INTERNSHIP PLACE 3
    1.3 WORKS DURING PRACTICE 4
    2. MAIN PART 5
    2.1. ANALYSIS OF THE ACTIVITIES OF FLY-MEX LLC 5
    2.2. MAIN PROVISIONS OF THE LEGAL DEPARTMENT OF FLY-MEX LLC 7
    3. CONCLUSIONS 12
    APPENDICES 14
    APPENDIX 1 14
    ANNEX 2 18

    Lawyer practice report

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    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 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 the student, the 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 in a 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 the correct execution of the report on the practice of a lawyer. Standards also vary, schools may have their own requirements for 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.

    Reports on educational practice (jurisprudence)

    Internship in state structures is always associated with some inconvenience, even if it exists only in the trainee's head. In fact, its passage at the Russian Post is practically no different from any other enterprise.

    A computer - an electronic computer is not only a reliable performer, but also an intelligent adviser. The process of communication between a person and a computer becomes decisive in all branches of production. The profession of a computer operator has acquired its relevance recently.

    The purpose of the practical training of students is to form the primary work experience in a particular area. Practical work provides the development of skills and abilities in a special field of activity.

    Today, tourism is very popular in the service sector, this industry in Russia is developing very dynamically. That is why the number of hotels is increasing every year, respectively, there are more people who want to work in this industry.

    A manager's practice report is a detailed study of the management practices of an organization and a reflection of the findings related to this issue. It must include the following items.

    The report on the practice of a student studying by profession a designer should consist of several paragraphs containing detailed information about the work done.

    Protecting a practice report is a very important point. During which an experienced teacher can recognize whether the student really did the practice, or he did it “only on paper”.

    Working with documentation is not always fun, it is often monotonous and boring. But more than one organization cannot do without its conduct, therefore the profession of a clerk today is more relevant than ever.

    The current generation of students has already managed to appreciate all the benefits quick search information for writing practice reports and other student papers online.

    The report on the trial practice of a lawyer is a clear result of the degree of assimilation, understanding and ability to apply the acquired theoretical knowledge in practice. In his report, the trainee must give general characteristics the legal profession, pointing to its versatility and diversity. Familiarize yourself with practical implementations main types of legal practice: law understanding, law enforcement, and law enforcement.

    The trainee must practically understand and distinguish between the law-making of state bodies, business entities, local regulations. In practice, get acquainted with the order and procedure for the application of legal acts of various strengths, as well as the means and methods of their implementation. It is recommended in the report to indicate the type of the subject of lawmaking, law enforcement or law enforcement, its competence to implement the above powers.

    In addition, it is necessary to provide a practical document, indicating in the report its legal nature, the force of action in space and time, methods of implementation and enforcement, as well as negative consequences possible in case of violation of the regulatory requirements of the submitted document.

    Introduction

    General legal description of Triol LLC

    1 Name and legal framework of the organization

    2 Structure, competence of the object of practice. Powers of officials

    1 Sources of information about the practical activities of Triol LLC

    2 Activities of a legal adviser

    3 Job Responsibilities legal adviser

    Types of work performed during the internship

    1 Conclusion of contracts

    2 Complaint

    Conclusion

    Introduction

    Work practice of students of the Faculty of Law is an obligatory element of the process of learning and improving the professional training of future specialists.

    The student in the course of practical training should deepen theoretical knowledge of law, become familiar with legal work in organizations, acquire certain skills in applying the rules of law and theoretical knowledge in appropriate situations.

    Industrial practice in civil law specialization corresponds to the developed curriculum and is the logical conclusion of the study of theoretical and practical disciplines.

    The object of practice is Triol Limited Liability Company.

    The purpose of the internship is to consolidate, expand and deepen the theoretical knowledge gained in the process of studying major disciplines, acquire the necessary skills in the field of law enforcement in resolving specific problem situations, assimilate new legal acts; purposeful independent study of basic issues of the most important disciplines with the involvement of analysis practical examples illustrating the legal regulation of conflict situations, the resolution of which requires in-depth knowledge of the specified disciplines.

    Practice objectives:

    1)familiarization with the organizational structure and legal framework that determine the status, functions and main activities of the body of the place of internship;

    2)mastering practical skills legal support and regulation of the activities of the body of the place of internship;

    )application in practice of knowledge of a theoretical and regulatory nature on the legal support of the activities of the body of the place of internship;

    )collection, study and synthesis of practical materials for the preparation of the report.

    This report contains:

    general legal description of the activity of the object of practice;

    characteristics of the work performed during the internship.

    1. General legal description of Triol LLC

    1 Name and legal framework of the organization

    The full name of the organization is Triol Limited Liability Company.

    Short name of the organization: Triol LLC.

    General Director - Sergey Viktorovich Skirpichnikov.

    The head of the legal department - Evdokimova Olga Valerievna was appointed the head of the practice from the LLC

    The Company is a legal entity under the laws of the Russian Federation.

    Legal/actual address of the organization: 429950, Chuvash Republic, Novocheboksarsk, st. Vinokurova, 48, of. 402. Tel.: 67-19-87.

    Triol LLC is a legal entity and has the status commercial organization.

    LLC "Triol" has separate property on the right of ownership, with which it is responsible for its obligations. The Company is not liable for the obligations of its members. The Company has its own independent balance sheet, maintains accounting and statistical records in accordance with established by law okay.

    The Russian Federation, constituent entities of the Russian Federation and municipalities are not liable for the obligations of the Company, just as the Company is not liable for the obligations of the Russian Federation, constituent entities of the Russian Federation and municipalities.

    Participants are not liable for the obligations of the Company and bear the risk of losses associated with the activities of the Company only to the extent of the value of their contribution.

    The Company has the right to open settlement and other accounts in banks.

    The company has a seal with its full company name in Russian and an indication of its location. The Company has the right to have letterheads, stamps and letterheads with its company name.

    The company was established without limitation of the period of activity.

    The Company has no branches and representative offices. Their opening is carried out only by decision of the Members of the Company.

    The legal status of the Company is determined by the Civil Code of the Russian Federation, the Federal Law of the Russian Federation "On Limited Liability Companies", other federal laws, other legal acts and constituent documents of the Company.

    The goals of the Company's activities are: making profit.

    Society has universal legal capacity, i.e. the right to carry out any activities not prohibited by law.

    Types of activities for which the legislation of the Russian Federation requires a special permit (license), the Company is entitled to carry out in the presence of appropriate licenses issued in the prescribed manner.

    In order to achieve the goals of its activities, the Company may acquire rights, assume obligations and conclude any transactions that do not contradict the current legislation and the Charter.

    In addition, the Company uses the following regulatory framework in its activities:

    1.The Constitution of the Russian Federation (adopted at a popular vote on December 12, 1993) // Rossiyskaya Gazeta. - 1993. - No. 237.

    2.Civil Code of the Russian Federation of November 30, 1994 No. 51-FZ - Part 1 // Collection of Legislation of the Russian Federation. - 1994. - No. 32. - Art. 3301. - Art. 6428.

    .Civil Code of the Russian Federation of January 26, 1996 No. 14-FZ - Part 2 // Collection of Legislation of the Russian Federation. - 1996. - No. 5. - Art. 410.

    4.Arbitration Procedure Code of the Russian Federation dated July 24, 2002 No. 95-FZ // Collection of Legislation of the Russian Federation. - 2002. - No. 30. - Art. 3012

    5.Code of Civil Procedure of the Russian Federation dated November 14, 2002 No. 138-FZ // Collection of Legislation of the Russian Federation. 2002. No. 46. Art. 4532

    .Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ // Collection of Legislation of the Russian Federation. - 2002. - No. 1. - Part I. - Art. one

    .Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ // Collection of Legislation of the Russian Federation. - 2002. - No. 1. - Part I. - Art. 3;

    8.Federal Law of February 8, 1998 No. 14-FZ “On Limited Liability Companies” (as amended on December 28, 2010) // Collection of Legislation of the Russian Federation. - 1998. - No. 7. - Art. 785.

    9.other normative-legal acts.

    1.2 Structure, competence of the object of practice. Powers of officials

    The structure of Triol LLC is corporate. The company is led by a CEO.

    The General Director carries out general management of the production, economic and financial and economic activities of the company, develops positioning and promotion strategies trademark, manages and coordinates the activities of the company's departments, as well as looking for clients abroad (Development international politics companies).

    If the general director goes on vacation, then his powers and duties are completely transferred to his deputy, but even without this, the deputy has a number of his duties. The Deputy develops short and long-term business plans, controls and optimizes business processes, and is also engaged in research work on market research and analysis. The deputy is the right hand of the general director, therefore he performs the work no less important than the director himself. The Deputy is negotiating with partners of the company, and also organizes and conducts marketing activities.

    The legal department is the legal support of the company. It is headed by the head of the legal department, who has two subordinates. Each of these employees has their own individual specialization. The legal department is responsible for drafting contracts, legal analysis of contracts, their general verification and examination. The legal department also represents and defends the interests of the company in organizations and in court. Customs clearance supplies of equipment, as well as the development of tax minimization schemes, are also the responsibility of the legal department. The main function of this department is to check the legal purity of transactions, as well as to resolve any legal issues.

    The sales department is mainly engaged in negotiating with clients, if the client is interested in concluding an agreement, the manager visits the client (with an agreement prepared in the legal department) and can, if the client is interested in further cooperation, conclude an agreement. The manager is also in charge of sales.

    The personnel department, as in any other organization, carries out personnel records management in full: considers new candidates, works with work books, personal cards, adapts and certifies employees. The Human Resources Department is responsible for personnel transfers, recruitment of new personnel, staffing, vacation schedules, preparation of the annual report on the movement of personnel, maintains a business trip log and forms the corporate culture of the company. The head of the personnel department directs and coordinates the activities, and two employees are subordinate to him.

    The accounting department conducts accounting in full, draws up an annual and semi-annual balance sheet. The accounting department also checks, analyzes and evaluates financial activity companies. Accounting is calculating wages employees, conducts import operations, calculates and forms the foreign trade cost, monitors the movement of goods and keeps records of its movement, maintains a sales book and takes into account the costs of services of third-party organizations.

    Secretariat provides workplace head, receives and distributes calls to departments, is also responsible for document flow and plans the work day of the head.

    2.1 Sources of information about the practical activities of Triol LLC

    The sources of information about the practical activities of Triol LLC were:

    ) conversations with employees.

    2.2 Activities of a legal adviser

    The activity of the legal adviser is connected with the legal support of the enterprise. Triol LLC has a legal department consisting of two employees - a leading legal adviser and his assistant.

    One of the main functions of the legal adviser is to actively organize the legal matters in an enterprise, in an institution. This organizational work in its content is expressed in what can be called mainly active consultation.

    The legal adviser must be aware of the activities of the organization, its divisions, to delve into its activities. Its task is to promote the widespread use of legal norms, means to improve the efficiency of all parts of the enterprise, to introduce the spirit of legality into this work, to prevent offenses through recommendations, advice, preparation of proposals on legal issues, endorsement of draft documents of a legal nature.

    The legal adviser is called upon to reduce to a minimum the very possibility of conflict cases, to prevent a possible offense in a conflict situation.

    The range of issues that a legal adviser has to deal with is extremely wide: it is both civil law and labor law, arbitration issues, and civil procedure, and financial law, and land law, etc.

    The legal adviser participates in the drafting of contracts, approves their texts, as well as the texts of protocols of disagreements, organizes and sometimes directly conducts claim work, prepares materials and acts in arbitration in pre-contractual disputes and disputes on the execution of business contracts.

    Legal advisers participate in the development of measures for the use of legal means in order to ensure the safety of property. They base their proposals on the results of the analysis of the data contained in the acts of inventory, audit, internal audits, in claim materials, court decisions, arbitration bodies, reports and representations of the prosecutor's office, internal affairs about theft, shortage, damage to products, facts of mismanagement.

    An analysis of the activities of the best legal departments leads to the conclusion that a well-organized legal service brings economic benefits to the enterprise and directly affects the results. production activities, reducing or eliminating accounts receivable, normalizing the rhythm of deliveries, stabilizing the work of suppliers and recipients.

    The legal adviser should provide active legal assistance to financial and accounting services in reimbursing material damage caused to the enterprise, in recovering overdue receivables, as well as in applying the current legislation when writing off material assets and funds.

    The work of a legal adviser is built to a large extent on authority, on official contacts, on the existing in the organization business relations. And this, in turn, depends on how the legal adviser “posed” himself, how he actually proved with his work the fruitfulness of the legal service, its importance for the activities of the team, the tasks it performs.

    3 Responsibilities of the Legal Counsel

    A legal adviser is an official, a lawyer who is in charge of resolving legal issues in an institution and acting as a defender of its interests.

    Legal Counsel Responsibilities:

    develops or takes part in the development of legal documents;

    carries out methodical management of legal work at the enterprise, provides legal assistance to structural units in the preparation and execution of various kinds of legal documents;

    participates in the preparation of substantiated responses in case of rejection of claims;

    prepares, together with other divisions of the enterprise, materials on theft, waste, shortages, production of low-quality, non-standard and incomplete products, violation of environmental legislation and other offenses for submission to the arbitration court, investigative and judicial authorities;

    carries out accounting and storage of court and arbitration cases that are in production and completed by execution;

    conducts the study, analysis and generalization of the results of consideration of claims, court and arbitration cases, the practice of concluding and executing economic contracts in order to develop proposals for eliminating the identified shortcomings and improving the economic and financial activities of the enterprise;

    in accordance with the established procedure, draws up materials on bringing employees to disciplinary and material liability;

    takes part in the work on concluding business contracts, conducting their legal examination, developing the terms of collective agreements and industry tariff agreements;

    prepares, together with other divisions, proposals for changing existing or canceling orders that have become invalid and other regulations issued by the enterprise;

    carries out work on the systematic recording and storage of existing legislative acts, makes notes on their cancellation, changes and additions, prepares reference documentation based on the use of modern information technologies and computing facilities;

    takes part in the preparation of opinions on legal issues arising in the activities of the enterprise, draft regulations submitted for review;

    carries out informing the employees of the enterprise about the current legislation and changes in it, familiarizing the officials of the enterprise with the regulatory legal acts relating to their activities;

    advises employees of the enterprise on organizational, legal and other legal issues

    3. Types of work performed during the internship

    During my internship, I performed the following types of work:

    )conducted legal expertise of legal documents;

    2)developed draft contracts;

    )drafted claims, statements of claim, complaints and other legal documents;

    )represented the interests of LLC in court (together with other lawyers of the organization), etc.

    1 Conclusion of contracts

    In my practice report, I want to consider two of the most capacious areas of work of a legal adviser, this is work with contracts and claims.

    Currently, the contract is drawn up mainly in writing by drawing up one document. When signing a contract, you need to make sure that the representative of the counterparty has the legal right and authority to sign the document. Therefore, it is necessary to check the authority of the representative. As practice shows, often unscrupulous partners, not wanting to fulfill their obligations under the contract (for example, pay) and bear responsibility, announce that the person who signed the contract did not have the appropriate authority (one of the methods of fraud). Most often, the director of the organization has the right to act without a power of attorney. In this regard, it is necessary to familiarize yourself with the order on his appointment or with the minutes of the meeting of the founders. In Triol LLC, contracts are signed directly by the General Director. In accordance with paragraph 2 of Art. 434 of the Civil Code of the Russian Federation, an agreement in writing can also be concluded by exchanging documents by electronic or other communication, which makes it possible to reliably establish that the document comes from a party to the agreement. At the same time, one cannot ignore the rapid development computer science and telecommunications technologies (primarily related to global information networks - the Internet, etc.), allowing transactions to be made in electronic form.

    Electronic digital signature - an attribute of an electronic document designed to protect this electronic document from forgery, obtained as a result of cryptographic transformation of information using the private key of the electronic digital signature and allowing to identify the owner of the signature key certificate, as well as to establish the absence of information distortion in the electronic document. An electronic digital signature in an electronic document is equivalent to a handwritten signature in a paper document, subject to the following conditions:

    the signature key certificate related to this electronic digital signature has not lost its validity (valid) at the time of verification or at the time of signing the electronic document if there is evidence that determines the moment of signing;

    confirmed by the authenticity of the electronic digital signature in the electronic document;

    the electronic digital signature is used in accordance with the information specified in the signature key certificate;

    wherein electronic document with an electronic digital signature has legal significance in the implementation of the relationship specified in the signature key certificate.

    In the near future, the conclusion of the contract will be possible in electronic form, which will have the same legal force as a written document. To do this, it must have an electronic digital signature mechanism, confirmed by a certificate. The owner of the signature key certificate owns the private key of the electronic digital signature, which allows him to create his own electronic signature using the means of electronic digital signature. digital signature in electronic documents (to sign electronic documents). In order for other users to open the electronic document, a public key system for electronic signature has been developed.

    The contract is considered concluded from the moment an agreement is reached on all existing conditions.

    Essential conditions are those, without reaching an agreement on which the contract is considered not concluded; they are provided for in the contract or one of the parties insists on their inclusion in the contract. It should be borne in mind that sometimes a persistent proposal to include some condition in the contract acts as a polite form of refusal to conclude the contract at all, especially if there is no particular need for such a contractual condition.

    In the case when the contract is preceded by a letter of commitment, the text of the contract must reproduce the description essential conditions future cooperation, the rights and obligations of the parties, as set out in the letter of commitment.

    In accordance with the requirements of the standard, it is advisable to disclose the following main aspects and essential conditions in the text of the contract:

    subject of the contract;

    conditions for the provision of services;

    rights and obligations of the parties;

    cost and procedure for payment for services;

    responsibility of the parties and the procedure for resolving disputes;

    details of the parties.

    So, it is impossible to conclude an agreement without agreeing on a condition on the subject, i.e. determining what the contract is about. Important in the contract is the condition of the price. The price is the amount of money that the customer undertakes to pay to this organization for the provision of services. The price is determined by agreement of the parties by specifying in the contract a specific amount or a method for determining it. If the contract provides for the performance of a set of works that are significant in volume and complexity, the price can be determined by drawing up an estimate, which will have legal force from the moment it is confirmed by the customer. At the same time, an increase in the price is allowed, but only if there is a need for additional work that was not agreed in advance. Price increases for other reasons are not allowed. Thus, they cannot increase the price set in the contract, changes in market conditions, taxation rules, etc.

    If the impossibility of fulfilling the contract arose due to circumstances for which neither of the parties is responsible (force majeure circumstances), the obligation to pay should not arise.

    Particular attention in the preparation of the contract should be given to the section "Rights and obligations of the parties."

    The section of the agreement on the liability of the parties and the procedure for resolving disputes provides for:

    types and extent of liability for partial or complete failure to fulfill obligations under the contract;

    circumstances excluding liability for partial or complete failure to fulfill obligations under the contract;

    the possibility and necessity of resolving the disputes and disagreements that have arisen through negotiations between the parties or in court.

    Information that is related to commercial activities and access to which is restricted in accordance with the Civil Code and federal laws is a trade secret. There are also official secrets. In Art. 139 of the Civil Code of the Russian Federation, it is established that information constitutes an official or commercial secret in the case when it has actual or potential commercial value due to its unknown to third parties, there is no free access to it on legal basis and the owner of the information takes measures to protect its confidentiality.

    The contract can be changed or terminated. By general rule change or termination of the contract is possible by agreement of the parties, unless otherwise provided by law or the contract (clause 1, article 450 of the Civil Code of the Russian Federation).

    In a court of law, it is possible to change or terminate the contract:

    in the event of a material breach of the contract by the other party;

    It is possible to change and terminate the contract due to a significant change in circumstances (Article 451 of the Civil Code of the Russian Federation). A change in circumstances is recognized as significant when they have changed so much that, if the parties could reasonably foresee this, the contract would not have been concluded by them at all or would have been concluded on significantly different terms.

    If the parties have not reached an agreement on the conduct of the contract in accordance with significantly changed circumstances (i.e. on its change) or its termination, the contract may be terminated, for a number of reasons amended by the court at the request of the interested party, subject to the following conditions:

    at the time of the conclusion of the contract, the parties proceeded from the fact that such a change in circumstances would not occur;

    the performance of the contract without changing its terms would so violate the balance of property interests of the parties corresponding to the contract and would cause such damage to the interested party that it would largely lose what it had the right to count on when concluding the contract;

    Upon termination of the contract due to materially changed circumstances, the court, at the request of either party, determines the consequences of terminating the contract based on the need for a fair distribution between the parties of the costs incurred by them in connection with the execution of this contract.

    Here it is necessary to distinguish between the unilateral refusal of the customer to fulfill the contract (Article 782 of the Civil Code of the Russian Federation) and the impossibility of fulfilling the contract due to the fault of the customer (clause 2 of Article 781 of the Civil Code of the Russian Federation), which entail different legal consequences. If the contractor refuses to perform the contract, he is obliged to fully compensate the counterparty for losses, including real damage and lost profits.

    Remember that every word in a contract counts. In the event of a dispute, the partner will try to interpret any inaccurate wording in the contract in his favor, so it is necessary to pay special attention to the drafting of the contract.

    2 Complaint

    The essence of the claim brought to the court is set out in the statement of claim of the interested person.

    A claim in civil proceedings is an application to the court of an interested person with a demand to protect a violated or contested right or legally protected interest by resolving a dispute about the right.

    The claim serves as a procedural means of resolving a dispute about the right between the parties to a substantive legal relationship.

    Claim - an appeal by a legally interested person to the court with a request to consider and resolve a substantive dispute between the plaintiff and the defendant by recognizing the presence or absence of a legal relationship or right between them, as well as forcing the defendant to fulfill his obligations, or terminating (changing) the legal relationship of the parties in order to protect the rights and interests of the plaintiff.

    The law provides for mandatory requirements for the details and content of the statement of claim. The plaintiff, when filing a claim, must necessarily comply with the proper form of the claim in accordance with Article 126 of the Code of Civil Procedure of the Russian Federation.

    The claim is filed by the plaintiff to the court only in writing in compliance with all necessary details. The filing of an application does not in itself entail the initiation of a civil case in court. A positive decision of the judge to accept the application is required. The judge accepts the application if the plaintiff has the right to sue and he has complied with all the requirements of the law, which in the literature are called the conditions for exercising the right to sue.

    The requirements specified in Art. 126 Code of Civil Procedure of the Russian Federation, provide a minimum of information that provides information about a civil case. The application is signed by the plaintiff or his legal representative, who attaches to the claim a power of attorney or other document certifying the authority of the representative (clause 3, article 126 of the Code of Civil Procedure of the Russian Federation).

    The statement of claim is submitted to the court with a copy according to the number of defendants, but the judge may oblige the plaintiff to provide copies of the documents attached to the claim, depending on the complexity of the case, which allows the defendant to better prepare for the trial.

    A person filing a lawsuit with a court must have procedural capacity, provided for in Article 32 of the Code of Civil Procedure of the Russian Federation, which occurs upon reaching the age of 18 and ends either with the death of a person or recognition by a court of legal incompetence. If the claim was filed by a person incapacitated, then the judge single-handedly considers this application and refuses to accept it. However, the judge, before issuing a ruling, must necessarily examine the reliability of the establishment of this circumstance. The information contained in the statement of claim, regardless of the nature of the dispute, must clearly indicate the name of the court to which the statement of claim is filed. The parties may, by agreement, change the jurisdiction, about which a separate statement is written and attached to the statement of claim at the stage of initiating a case, from the moment the case is initiated, this right is extinguished.

    The general information of the statement of claim must include and detail the name, patronymic, surname and place of residence of the plaintiff, his full postal address, and if it is a legal entity, then the location of the legal entity in accordance with registration and its exact name. For the correct resolution of the case, it is of great importance whether the plaintiff clearly indicated the circumstances on which he bases his claim against the defendant, we are talking about the circumstances constituting the grounds for the claim. The plaintiff must indicate legally significant facts that will be included in the subject of proof in the case. As well as the substantive claim of the plaintiff to the defendant, which is the subject of the claim.

    In any claim, elements can be distinguished, i.e. its components. The elements of the claim are its subject and grounds.

    The subject of the claim is understood as the subjective right indicated by the plaintiff, about which he asks the court to make a decision in one of the following ways: by recognizing, adjudicating certain actions, or abstaining from them, terminating or changing the legal relationship.

    The subject of the claim may be a legally protected interest, as well as any legal relationship in general.

    The basis of the claim is the circumstances from which the plaintiff derives his claims. As a rule, these circumstances are of a legal nature. The factual data, which is evidence, is not the basis of the claim, t.to. the law does not associate legal consequences with them; such facts serve as confirmation of the existence of the circumstances that are part of the basis of the claim.

    The basis of the claim may consist of a single circumstance or a combination of them. Usually, the basis of the claim consists of several circumstances of characteristic significance. Their totality constitutes an active and passive cause of action.

    If the claim lacks one of the grounds, then this leads to a refusal of the claim. However, if there is no passive reason, then the right (possibility) of its repeated presentation with the onset of a passive reason remains. If the claim is denied for lack of active grounds, the possibility of its re-presentation is excluded.

    There is a close relationship between the elements of risk. The facts of the basis of the claim are brought under the hypothesis of the norm of substantive law, indicate the legal nature of the disputed legal relationship that is the subject of the claim.

    In turn, the subject of the claim determines the content of the claim: what is subject to protection determines the form (type) of protection.

    A claim is a requirement of a legally interested person (plaintiff) addressed to the court of first instance to protect a legally protected interest in the manner prescribed by law on the basis of the indicated facts, with which it associates the defendant's unlawful actions.

    In addition to the factual basis of the claim, it is necessary to distinguish between the legal basis of the claim.

    Under the legal basis of the claim is understood the norm of the violated right. The plaintiff must indicate the rule of law that protects the disputed legal relationship.

    The Civil Procedure Code, unlike other procedural codes and other normative acts, does not require the plaintiff to indicate this rule of law if this is an individual who independently submits a statement of claim to the court. In cases where the statement of claim is filed by the prosecutor, lawyer or legal adviser, they must legally correctly determine the disputed legal relationship and indicate the rule of law that has been violated. The plaintiff is obliged to indicate it in the statement of claim (clause 2, part 5, article 126 of the Code of Civil Procedure of the Russian Federation).

    In some cases, the subject of the claim can be determined optionally: two requirements are indicated - the main and the additional. An additional requirement comes into effect if the main one cannot be satisfied.

    Applying to an arbitration court for the protection of a violated right or interest consists in filing a statement of claim. It shall be submitted in writing and signed by the plaintiff or his representative.
    The claim must indicate:
    the name of the arbitration court to which the application is submitted;

    the name of the persons participating in the case and their postal addresses;

    the value of the claim, if the claim is subject to evaluation;

    the circumstances on which the claims are based;

    information on compliance with the pre-trial (claim) procedure for resolving a dispute with the defendant, when it is provided for by federal law for this category of disputes or by an agreement;

    evidence supporting the grounds for claims;

    calculation of the recoverable or disputed amount;

    list of attached documents;

    other information, if they are necessary for the correct resolution of the dispute, as well as the plaintiff's petitions;

    The plaintiff, when filing a claim, is obliged to send to other persons participating in the case, copies of the statement of claim and the documents attached to it, which they do not have (Article 103 of the Arbitration Procedure Code of the Russian Federation)<#"justify">This report presents the results of an internship in a limited liability company "Triol" by a first-year student of the Faculty of Law of the Federal State Budgetary Educational Institution of Higher Professional Education "ChSU named after. I.N. Ulyanov" Ivanov Dmitry Alexandrovich from June 24 to June 30, 2013.

    As a result of my internship, I:

    got acquainted with the legislation of the Russian Federation regulating the activities of the place of internship;

    got acquainted with the activities of the organization, functions and duties of a lawyer;

    learned to apply in practice the normative acts regulating certain civil legal relations;

    learned how to draw up basic civil and civil procedural documents: contracts, claims, lawsuits and responses to them;

    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.

    improved his knowledge with the help of the electronic legal system "Consultant";

    participated in the negotiations of the parties to agree on the form and content of certain civil law contracts;

    carried out other activities.

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

    A description of the work performed is presented in the diary of the internship.

    Jobs similar to - Activities of the legal adviser of LLC "Triol"

    Any industrial practice is to consolidate the theoretical knowledge gained at the university. It is passed in the last courses of study, and during its passage, the very first skills in the future specialty, in this case, a lawyer, are acquired. Practice reports do not have a clear structure. Each university has the right to have its own wishes and recommendations in the design, therefore, before it starts, it is necessary to clarify the details of the preparation of the work with the scientific supervisor of the project. The report is compiled after the end of the practice and submitted to the department in writing. It is accompanied by a diary and a description from the organization where the practice took place.

    Jurisprudence is a science with a wide range of services. The future lawyer acquires practical skills based on the specialization of the enterprise. Before starting work, the trainee receives individual tasks from his teacher. Based on the above points, a report on the practice of a lawyer can have a different meaning. Despite the loyal attitude to the design of written work, it is still worth adhering to the basic rules.

    Introduction

    The introductory part, as in other works, contains brief information about the production where the practice took place, the tasks set are voiced. It is mandatory to specify its duration. You can briefly describe the constituent document, the charter, according to which this enterprise operates. The introductory part indicates that the practice was held in accordance with the curriculum.

    Main part

    Of particular interest is the content of the "General Part" of the report. Depending on the goals set, as well as on the direction of the production itself, a structural part is compiled.

    1 . In most cases, the practice takes place in the legal department. You can start writing a report by describing the functions of the department. What is it for? To ensure the legal side of the organization's activities and protect its interests. Indicate what position the trainee was assigned to, for example, to the position of a lawyer.

    2. The following section provides an example of all available legal documentation. This is necessary in order for the teaching staff to understand how seriously the trainee approached the solution of the tasks. Documentation, in turn, can be drawn up directly in the text or transferred to the "Appendix" section. For transferring, without losing the semantic meaning, references are put down in the text in the form of square brackets. The abbreviated version of the document title and number are indicated in brackets. Example: Doc. one.

    3. All documentation can be recorded in the electronic legal database. Lately organizations began to install it in their office work. In a separate paragraph, give a description of the work with this system.

    4. Description of the ongoing legal expertise in the organization.

    In addition, all functions of a lawyer are described:

    1. Conducts legal research of documentation.
    2. If the trainee was lucky enough to be present at the negotiations, then this item should be described in more detail.
    3. The lawyer prepares lawsuits, complaints, claims. Prepares and submits them to the courts. It is desirable to describe this process.
    4. At any enterprise, disputes related to social labor can arise. In this case, a lawyer is needed to resolve disputed issues.
    5. When hiring employees, the lawyer conducts advisory work (describe the process). This gives practical skills in communicating with people.

    The characteristics of the enterprise are given initially in the first part, but another option is also possible. In the "Introduction" it is presented in a concise form. In this option, the functions of a lawyer are described, and then a full description of the organization is provided, and this will not be a mistake. The main thing in the preparation of the report is the sequence of presentation of the collected material.

    Approximately in the third chapter of the report, it is necessary to describe the specific actions of the trainee. How did he solve the problems set by the teacher. In addition to these goals, the student received assignments from the head of practice from the organization. All this is to be described. To help the student at this stage of compilation, a practice diary will serve. Usually it takes at least 2 weeks, and some moments can be forgotten. In the diary you need to keep records every day, this is a kind of cheat sheet.

    It is not necessary to fill in the final version of the diary from the first days. For starters, let this be a draft. Do not be lazy to do these manipulations daily, and then compiling a report will not take much time.

    Conclusion

    Industrial practice in the legal field is an important element in honing theory. Here, point out the names of the tasks that have been solved, as well as the acquired skills. For example, to create drafts of legal, constituent documents. For practical research, you can check their compliance with the laws. If in the course of the work there were recommendations, they are presented in the final part.

    law enforcement authorities, the student received how useful the knowledge gained during study was. The names of the departments where the practice took place are listed in order. Describe your own opinion about their work.

    An example of a report on the practice of a lawyer. Educational introductory practice in the legal department with the seal of the company

    1.1 The purpose of the training practice

    General familiarization with the activities of the enterprise;
    ? familiarization with the features of the company;
    ? study of the management structure of the organization;
    ? familiarization with the features of the work of the legal department;
    ? studying the structure of the Department;
    ? study of the duties of a lawyer;
    ? studying the place and role of a lawyer in an organization;
    ? acquisition of teamwork skills;
    ? gaining practical experience as a lawyer;
    ? 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 to use the law.

    1.2 Place of internship

    LLC "FLY-MEKS". Address: Moscow, Pr. Mira, 64.
    Start date November 01, 2006 End date December 29, 2006
    internship as a paralegal.
    The duration of the practice is 162 hours.

    1.3 Work performed during the practice

    Familiarization with the activities of the organization;
    ? Studying the structure of the organization's management;
    ? Acquaintance with the constituent documents of the company;
    ? Studying the direction of activity of the legal service of the enterprise
    ? Studying and drawing up job descriptions;
    ? Acquaintance with the tasks solved by the legal service of the enterprise;
    ? The study of the features of various legal relations, in the regulation of which the legal service of the enterprise takes part:
    ? Tax legal relations;
    ? Civil legal relations;
    ? Labor relations.
    ? Familiarization with the procedure for conducting claims and judicial work of the legal service of the enterprise;
    ? Checking documents of enterprise management bodies
    ? Checking the registration of labor relations (employment contracts, work books, orders);
    ? Checking the conduct of contractual and legal work:
    ? Checking the conduct of personnel work and compliance with internal documents of the enterprise;
    ? Checking the compliance of personnel with their positions according to legal requirements:
    ? Analysis of the protection of the interests of the owners of the enterprise from possible risks;
    ? Drawing up contracts for the provision of works (services), execution of powers of attorney, claims.

    During my internship, I completed:
    familiarization with the legislation of the Russian Federation regulating the activities of the company;
    familiarization with the constituent document - the charter approved by the founder of the company;
    familiarization with the structure of the organization;
    familiarization with the organization and the functions and duties performed by the employees of the enterprise;
    familiarization with the content of economic and organizational work;
    familiarization with the features of the work of a lawyer in the field of trade;
    familiarization with the types of civil law contracts, their specifics;
    familiarization with the features of the work of a lawyer;
    acquisition of skills in drafting basic civil law contracts, contracts for the provision of paid services, drawing up powers of attorney and other documents;
    acquisition of skills in checking documents for their compliance with the requirements of civil law, as well as identifying and summarizing the shortcomings of their form and content;
    improving knowledge in the use of electronic legal systems "Garant" and "Consultant +";
    delivery of company documents to organizations and state bodies;

    taking direct part in the collection of packages of documents for the conclusion of contracts for the provision of works (services);
    participation in the negotiations of the parties to agree on the form and content of certain civil law contracts.
    I mastered some of the subtleties of applying the norms of Russian law in practice, I understood how some laws and by-laws work, which I did not understand, I realized their significance in practice.
    Unfortunately, it is possible that a feature of the Russian legal system is the imperfection of the regulatory framework, and, as a result, violations of the law, intentionally or out of ignorance, by some citizens and legal entities.
    Practical activity helped me learn how to independently solve a certain range of problems that arise in the course of the work of a lawyer. In particular, I learned how to draw up certain types of civil law contracts, analyze their content and their form. Appendix 13 contains job descriptions for the Head of the Legal Department and the legal adviser of Fly-Max LLC.
    During the internship, I had to consult with representatives of the competent structures, deeply study the legal framework and law enforcement practice.
    In practice, the bulk of the knowledge gained in the classroom will be in demand. It became clear that at the moment, the time of rapid updating of the legislative framework, one should not underestimate the importance of electronic information systems, such as, for example, the Garant legal system. 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, and also, which is a means of business electronic correspondence.

    1. INTRODUCTION 3
    1.1 PURPOSE OF PRACTICE 3
    1.2 INTERNSHIP PLACE 3
    1.3 WORKS DURING PRACTICE 4
    2. MAIN PART 5
    2.1. ANALYSIS OF THE ACTIVITIES OF FLY-MEX LLC 5
    2.2. MAIN PROVISIONS OF THE LEGAL DEPARTMENT OF FLY-MEX LLC 7
    3. CONCLUSIONS 12
    APPENDICES 14
    APPENDIX 1 14
    ANNEX 2 18

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    Report on the practice of a lawyer in a law firm

    Industrial practice of a lawyer. Report on practice Production practice - department of OJSC KAMAZ. DTO and RP in the position of a lawyer. The passage of industrial practice is an important element of the educational process for the preparation..

    Sample Internship Report for a Lawyer at a Law Firm

    Samples of notarial documents / T.I. Please note that the report on the practice of advocacy ‘Report on the work experience of a legal assistant’, as well as all other abstracts, term papers, theses and other papers, you can download. Stanislav 04/03/2017 Good afternoon, please help me draw up a poster for the DP on the topic: ‘Pr. Sample thesis plan. During its passage, the future lawyer applies the knowledge, skills and abilities acquired during the training process in practice. In this case, the legal service is involved in the development of a model sample. 24.03 Drawing up a report on production practice.

    Report on the production practice of a lawyer in LLC Stroy-department-service. Passage of industrial practice in the legal department of the organization "Stroy-department-service" LLC. Home / Samples of theses. An example of a report on the practice of a lawyer. End date December 29, 2006

    Based on the above points, a report on the practice of a lawyer may have. Industrial practice in the legal field is an important element in honing theory. How to write an abstract sample. Registration term paper according to GOST: sample. Topic: Industrial practice of a lawyer. Type of work: Practice report. 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. Subject: Industrial practice. File: /Sample practice report for lawyers.doc. During the practice, the future lawyer has the opportunity to apply the previously acquired theoretical knowledge in the learning process in practice. Drawing up a report on production practice.

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    Private Law Firm Internship Report - file n1.doc

    MINISTRY OF EDUCATION AND SCIENCE OF THE RUSSIAN FEDERATION
    MOSCOW STATE UNIVERSITY OF ECONOMICS, STATISTICS AND INFORMATICS (MESI)

    REPORT
    about the internship
    Private law firm IP Klimanov S.N. "Sutyazhnik"
    Miroshnichenko Anastasia Yurievna

    specialty "Jurisprudence"
    Head of practice from the institute:

    Head from the practice base:

    Director of a private law firm

    IP Klimanov S.N. "Sutyazhnik"

    S.N. Klimanov

    1. Characteristics of the enterprise - bases of practice 4

    2. Organization of work of a law firm 9

    References 17

    In accordance with the curriculum, I, Miroshnichenko Anastasia Yuryevna, did an internship at the Private Law Firm IP Klimanov S.N. "Sutyazhnik"

    Director Klimanov Sergey Nikolaevich acted as the head of practice from the organization.

    The purpose of this practice is to acquire 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.

    Private law firm IP Klimanov S.N. Sutyazhnik provides legal services. A law firm can conclude agreements on the provision of legal assistance with both individuals and legal entities. Legal services are provided by experienced employees, qualified lawyers working in the Private Law Firm IP Klimanov S.N. "Sutyazhnik" on permanent basis under labor contracts.

    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 learned the basics of a law firm, got an idea of ​​the job responsibilities of specialists, learned how to draw up legal documents, got acquainted with the arbitration and civil process, participated in court hearings, analyzed my work, and drew conclusions. These findings are presented by me in this internship report.

    1. Characteristics of the enterprise - bases of practice

    Private law firm IP Klimanov S.N. "Sutyazhnik" (hereinafter - IP Klimanov S.N.) was organized in 2010 by IP Klimanov S.N. created in accordance with the Constitution of the Russian Federation, the Civil Code of the Russian Federation and the Tax Code of the Russian Federation.

    In accordance with paragraph 2 of Art. 11 of the Tax Code of the Russian Federation, individual entrepreneurs are individuals registered in the prescribed manner and carrying out entrepreneurial activities without forming a legal entity, heads of peasant (farmer) households.

    Individual entrepreneurs can be:

    adult citizens of the Russian Federation (who have reached the age of 18), whose legal capacity is not limited by the court;

    minor citizens of the Russian Federation, with:

    the consent of the parents, adoptive parents or guardian for the implementation entrepreneurial activity;

    marriage;

    adoption by the court of a decision to declare an individual fully capable;

    adoption by the guardianship and guardianship authorities of a decision to declare an individual fully capable;

    foreign citizens and stateless persons temporarily or permanently residing on the territory of the Russian Federation.

    State and municipal employees cannot be an individual entrepreneur.

    An individual entrepreneur can carry out any kind of economic activity not prohibited by law.

    Activities can be divided into four groups:

    requiring permission and/or approval;

    closed to individual entrepreneur.

    IP Klimanov S.N. provides legal services, which relates to ordinary activities. A citizen has the right to freely engage in this type of activity immediately after his registration as an individual entrepreneur. It does not require additional permits, approvals, licensing, etc. from an individual entrepreneur.

    In accordance with Art. 2 of the Civil Code of the Russian Federation, entrepreneurial activity is an independent activity carried out at one's own risk, aimed at systematically making a profit from the use of property, the sale of goods, the performance of work or the provision of services by persons registered as an individual entrepreneur in the manner prescribed by law.

    Carrying out entrepreneurial activity at one's own risk presupposes the economic independence of a citizen and the closely related responsibility of an individual entrepreneur for the results of his activity.

    The status of an individual entrepreneur is dual. On the one hand, the entrepreneur is subject to the rules governing legal status citizen (individual). On the other hand, doing business brings an individual entrepreneur closer in status to a legal entity. So, for entrepreneurial activities of citizens carried out without forming a legal entity, the norms of the Civil Code, which regulate the activities of legal entities that are commercial organizations, are accordingly applied, unless otherwise follows from the law, other legal acts or the essence of the legal relationship.

    However, in general, the differences between legal entities and individual entrepreneurs are significant, especially in terms of property. Since an individual entrepreneur is a natural person, all property belongs to him personally and, when conducting entrepreneurial activities, is not divided in the legislation into home property and business property. Accordingly, no one can ask an individual entrepreneur where he got the equipment he works on.

    But at the same time, if the founders, for example, limited liability companies, are liable for the debts of their organization only in the amount of their share in the authorized capital, then an individual entrepreneur is liable for entrepreneurial debts with all his property.

    A citizen has the right to engage in entrepreneurial activity without forming a legal entity from the moment state registration as an individual entrepreneur (Article 23 of the Civil Code of the Russian Federation). IP Klimanov S.N. was registered by the Interdistrict Inspectorate of the Federal Tax Service of Russia No. 8 for the Samara Region on July 05, 2010 (Appendix 1).

    The activities of an individual entrepreneur can be carried out:

    without the use of hired labor;

    with hired labor.

    In the state of IP Klimanov S.N. there are 6 employees: a director, a secretary and four legal advisers. Thus it is activities IP Klimanov S.N. carried out with the use of hired labor.

    In connection with the introduction of amendments to the Labor Code of the Russian Federation on October 6, 2006, the relationship between an individual entrepreneur and employees has undergone some changes. So, before, individual entrepreneurs were required to register employment contracts with local governments and did not have the right to make entries in work books. Now they have been given equal rights with legal entities. Since October 6, 2006, the registration of contracts has been canceled, and individual entrepreneurs have received the right to make entries in the work books of their employees.

    Management of the activities of IP Klimanov S.N. carried out by its director - Klimanov S.N. In addition, Klimanov S.N. is responsible for the obligations arising in the course of the work of the Private Law Firm IP Klimanov S.N. "Sutyazhnik".

    As already mentioned, unlike the owner of a legal entity, an entrepreneur is liable for his obligations with all his property, i.e. property of an individual. At the same time, the responsibility of an individual entrepreneur arises not only as an individual, but also as an official of an organization due to the fact that civil law norms are applied to individual entrepreneurs, which are also provided for legal entities. However, it should be noted that not all property of an individual entrepreneur can be seized.

    The liability of an individual entrepreneur arises from:

    economic activity (contractual obligations, regulated by civil law);

    administrative offenses (fines and other sanctions provided for by the Code of Administrative Offenses);

    crimes (punishments provided for by the Criminal Code).

    An individual entrepreneur can work in any position on a paid basis in any private, public or public organizations, unless this work or position is prohibited by law from combining with entrepreneurship. Unlike legal entities, the property of individual entrepreneurs, constituting the objects of commercial activity, can be inherited and bequeathed. But the right to engage in entrepreneurial activity is not inherited.

    The key area of ​​activity of IP Klimanov S.N. is an activity for the provision of legal services to individuals and legal entities of a different nature: legal advice, assistance in the preparation of legal documents, representation of interests in various bodies, including in courts of all instances, registration of ownership of real estate, collection of necessary documents and much more.

    IP Klimanov S.N. has an office equipped with all necessary office equipment, provides all the conveniences to customers.

    2. Organization of work of a law firm

    In the Private Law Firm IP Klimanov S.N. "Sutyazhnik" employs six people. Of these, four employees work as legal advisers. Job responsibilities among them are distributed in such a way that each employee is engaged in a specific branch of law. One is responsible for working with clients in need of assistance in the field of criminal and administrative law, the other in the field of civil, family and inheritance law, the third in the field of housing law, social security law and pension law, the fourth in tax and budgetary law. Secretary of IP Klimanov S.N. is engaged in organizational and technical support for the activities of employees: answers calls, maintains document management, provides employees with the necessary office supplies, organizes meetings with clients, and so on. Director Klimanov S.N. carries out general management of the activities of employees, and also handles the most complex and intricate cases of clients.

    During my internship, I was instructed to draw up a contract for the sale of an apartment (Appendix 2), a contract for renting a dwelling (Appendix 3). In addition, I represented the interests of the client in the registration authority when registering the contract for the sale of an apartment. Experience in drafting such contracts, experience in participation in registration procedures is necessary for every practicing lawyer.

    In order to draw up a contract of sale competently, I turned to the current legislation governing real estate transactions. In the system of Russian legislation, the rules governing the sale of real estate are set out in Ch. 30 of the Civil Code of the Russian Federation "Purchase and Sale". This chapter highlights several varieties of specially regulated sales contracts, among which a special place is occupied by a contract for the sale of real estate (Articles 549 - 558 of the Civil Code of the Russian Federation

    Paragraph one of Article 549 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) says that a contract for the sale (purchase and sale) of real estate is understood as such an agreement of persons, according to which the seller undertakes to transfer a land plot, building, structure or other immovable property (clause 1, article).

    The next interesting, but rather difficult task of my practice leader was drafting a marriage contract, which is quite rare in legal practice.

    When getting married, many citizens do not think about what kind of property they will acquire in the future, and how they will use this property. However, when a marriage is dissolved, most families face problems with the division of property that is the property of the spouses. one of central issues property relations of spouses are relations regarding housing owned by one of the spouses (or both) on the basis of ownership. In this regard, it is seen as an opportunity to settle the housing rights and obligations of the spouses by contract, since only in an individual agreement can the specifics of each specific situation be taken into account. Based on this, the marriage contract is seen as a very effective tool in the mechanism for solving the problem of protecting the property rights of spouses.

    According to the current Russian family law, a prenuptial agreement is an agreement between persons entering into marriage, or an agreement between spouses, which determines the property rights and obligations of spouses in marriage and (or) in the event of its dissolution. By concluding a marriage contract, the contractual regime of the property of the spouses is established, which may differ from the legal regime of the property of the spouses.

    In accordance with paragraph 1 of Art. 42 of the Family Code of the Russian Federation (hereinafter referred to as the RF FC), by a marriage contract, the spouses have the right to change the statutory regime of joint ownership, to establish a regime of joint, shared or separate ownership of all their property, its separate types or the property of each of them.

    Spouses have the right to determine in the marriage contract their rights and obligations for mutual maintenance, ways of participating in each other's income, the procedure for each of them to bear family expenses; determine the property that will be transferred to each of them in the event of divorce, as well as include in the marriage contract any other provisions relating to the property relations of the spouses.

    A marriage contract may be concluded in respect not only of property in kind, but also of property that can be acquired by the spouses in the future.

    A marriage contract can be concluded both before the registration of marriage, and at any time during the marriage. Depending on when the marriage contract was concluded - before the registration of the marriage or after the registration of the marriage - depends on its entry into force, the emergence of the rights and obligations stipulated by the contract. If the marriage contract was concluded before the registration of the marriage, it will enter into force only from the date of registration of the marriage in the registry office. The law does not say how soon after the conclusion of the marriage contract the marriage must be registered, however, until the marriage is registered, the marriage contract does not enter into force and the parties do not have any rights and obligations under it

    The marriage contract is concluded in writing and is subject to notarization, can be changed or terminated at any time by agreement of the parties, recognized by the court as invalid on the grounds provided for by the Civil Code of the Russian Federation.

    The conclusion of a marriage contract by proxy is not allowed, the personal presence of the parties is required. Spouses or future spouses must seal the contract with their signatures. If by good reason(due to a physical disability, illness, illiteracy) one of the spouses cannot sign with his own hand, then at his request another citizen can sign the contract. The signature of the latter must be certified by a notary or other official who have the right to perform such a notarial act, indicating the reasons why the person making the transaction could not sign it with his own hand.

    The marriage contract must be concluded in three copies, one of which remains in the notary's files, and the other two are issued to each of the spouses.

    When concluding a marriage contract, the following restrictions apply.

    The first limitation is that a prenuptial agreement cannot restrict the legal capacity and legal capacity of the spouses (future spouses). This means that a marriage contract cannot contain provisions that restrict the right of one of the parties to work, choose a profession, receive education, freedom of movement, etc. For example, a husband does not have the right to oblige his wife to leave work and take care of the household for the fact that he provides her with maintenance. Each of the spouses is free to choose their occupation, profession, place of stay and residence (Article 31 of the RF IC).

    The second limitation is that a marriage contract can be concluded only in connection with the property relations of the spouses. Personal property relations cannot be the subject of a marriage contract. This means that a marriage contract cannot oblige the spouses to love each other, to be faithful to each other, not to abuse alcoholic beverages, not to lead an idle lifestyle, etc.

    The third limitation is that spouses cannot regulate their rights and obligations in relation to children by a marriage contract. This means that it is impossible to establish in the marriage contract that in the event of a divorce the child will remain with the father or mother, or to establish the order of communication between parents and children in the event of a divorce. The restriction of the law is just, since it is unacceptable to equate a child with a thing.

    The fourth limitation is that the marriage contract cannot restrict the right of the disabled needy spouse to receive maintenance, since, in accordance with the law, the spouses are obliged to financially support each other and in the event of refusal of such support and the absence of an agreement between the spouses on the payment of alimony, the disabled needy spouse has the right to demand the provision of alimony from the other spouse in a judicial proceeding. Waiver of this right is void.

    Thus, if a marriage contract containing provisions that limit the legal capacity and legal capacity of a spouse and contradict the basic principles of family law is invalid, regardless of whether it is recognized as such by a court, then a marriage contract that puts one of the spouses in an extremely unfavorable position is voidable, since the fact of an extremely unfavorable situation must be proven in court.

    Clients who applied to the Law Firm IP Klimanov S.N. "Sutyazhnik" for advice and drafting a marriage contract, explained the following. Ivanov citizens are legal spouses. The spouse conducts commercial activities, he owns expensive property (cars, a house and an apartment). The wife is a housewife. The wish that the wife should stay at home and take care of the household came from the husband. Citizen Ivanova is not opposed, but she fears that in the event of a divorce, she will be left without a profession, without a job and without a livelihood. She would like part of the property acquired during the marriage to belong to her in the event of a divorce. But at the same time, she does not need probable debts from her husband's business. In addition, citizen Ivanova stated that in the event of the birth of a child, the spouse would pay her a certain amount after the divorce for the maintenance of the child. The client also insisted on fixing in the marriage contract the condition that the spouse does not have the right to leave the country without her.

    Having studied the documents submitted by citizens Ivanovs, as well as having clarified during the conversation some details of the property status of the spouses and their wishes regarding this property, I explained the provisions of the Family Code of the Russian Federation on the marriage contract.

    Having explained that a marriage contract cannot regulate personal non-property relations between spouses, it was possible to convince citizen Ivanova that it was impossible to include in the contract a clause prohibiting the spouse from leaving abroad alone. In addition, the spouses were told that it was necessary to establish rights and obligations in relation to children by a completely different legal document, namely, an agreement on the payment of alimony. As a result, a draft marriage contract was drawn up that satisfies the requirements of both spouses (Appendix 3).

    In order to fulfill the tasks assigned to me, I was given powers of attorney on behalf of clients who applied for help to a law firm: for registration of ownership of real estate, representation in court proceedings.

    During the internship, I also had to face the procedure for recognizing the ownership of non-residential premises in court. In the course of this work, I had to consult with representatives of the competent structures, collect the necessary conclusions, certificates, deeply study the legal framework on this issue and law enforcement practice. I have drawn up a statement of claim for the recognition of ownership (Appendix 4), and I also participated in the court hearing on this case in Arbitration Court Samara region. Representing a client's interests in litigation is one of the most difficult, but also the most interesting aspects of a lawyer's professional activity.

    In practice, it became necessary to give advice to clients on various issues: the sale and purchase of real estate, inheritance law, registration and re-registration of rights to real estate, division of property, protection of their housing rights, rental and hiring of real estate, eviction of temporary residents, registration at the place of residence.

    During the consultations, I acquired the skill of communicating with people. There was a need to simply and competently explain to clients who are unfamiliar with the intricacies of legal issues, the provisions of the current legislation, their rights, and possible solutions to their problems.

    A special role in the work of legal advisers IP Klimanov S.N. is occupied by the electronic legal database "Consultant +", which is regularly updated and allows you to quickly and accurately find the required legal acts, judicial practice, sample documents, articles in specialized journals and other information. In the process of practice, I improved my skills in working with electronic legal systems, learned how to effectively use the available resources.

    During the internship, I relied on the help of my supervisor, whose opinions and advice helped me to comprehend the basics of the work of a lawyer.

    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.

    - checking the ability of students to use the law.

    I mastered some of the subtleties 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.

    The internship helped me learn how to independently solve a certain range of problems that arise in the course of the work of a lawyer. In particular, I mastered the skills of drafting civil law contracts based on the available data, analyzing the content of the submitted documents. During the internship, I had to deal with the issues of registration of a marriage contract. In addition, I took part in a lawsuit to recognize the ownership of a property. During the internship, I repeatedly consulted with representatives of the competent structures, deeply studied the legal framework and law enforcement practice on a wide range of issues, and gained invaluable experience in the practical work of a lawyer.

    Bibliography

      1. Constitution of the Russian Federation. Adopted by popular vote on December 12, 1993 // Rossiyskaya Gazeta. - 1993. - December 25
      2. Labor Code of the Russian Federation of December 30, 2001 N 197-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on December 21, 2001) (as amended on December 30, 2008) / / ATP "Consultant-plus"
      3. Civil Code of the Russian Federation (part one) dated November 30, 1994 N 51-FZ (as amended on April 6, 2011)
      4. Civil Code of the Russian Federation (part two) dated 01/26/1996 N 14-FZ (as amended on 02/07/2011)
      5. Tax Code of the Russian Federation (part one) dated July 31, 1998 N 146-FZ (as amended on July 19, 2011)
      6. Family Code of the Russian Federation of December 29, 1995 N 223-FZ (as amended on May 4, 2011)
      7. Dvoretsky V.R. All about the marriage contract. – M.: GrossMedia, 2010. – 162 p.
      8. Kasyanov A.V. Handbook of an individual entrepreneur. - M.: GrossMedia (ROSBUH), 2011. - 328 p.

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    Introduction 3
    1. Characteristics of the activity of CJSC 5
    2. Regulatory and legal framework for the activities of CJSC 8
    3. Functional duties and activities of a lawyer in CJSC 10
    4. Feature analysis contractual relations in wholesale trade 13
    Conclusion 21
    References 23
    Applications 24

    Introduction
    This work presents an analytical report on the internship in.
    Place of internship: CJSC.
    Internship address: Russia, 109147 Moscow, ……….
    The purpose of the practice is practical consolidation professional knowledge, skills and abilities obtained in the process of theoretical training of the student.
    Practice leader: Deputy General Director
    Practiced as a lawyer.
    The purpose of this report is to diagnose the work performed during the internship, analyze practical tasks set during the internship and their solutions.
    The object of the research is the student's activity as a lawyer in CJSC NDK.
    Subject of study:

    - contractual and legal work;




    - formation of legal culture of the organization.
    During the internship, the student studied the following materials:
    1. Legislation of the Russian Federation regulating the activities of the company.
    2. Constituent documents- charter approved by the founder of the company.
    3. staffing organizations.
    4. Main types and forms of business contracts.
    5. Other internal documentation.
    …………….
    1. Characteristics of the activities of CJSC
    Prehistory is rooted in the days of the existence of the USSR. Supply to Russia of Bulgarian drugs, well known to the consumer and proven with better side(including in terms of price / quality ratio), is the starting point of the company's activities. In the early 1990s, the system of state procurement of medicines was actually destroyed, and private distributors began to import medicines to Russia, which paid more attention to manufacturers in other countries. After some time, there was a shortage of high-quality and inexpensive drugs on the market - it was this niche in the Soviet Union that Bulgarian drugs successfully occupied. Since 1993, the volume of deliveries medicines from Bulgaria to Russia continues to grow, and the demand for Bulgarian medicines remains consistently high. Currently, NDK is the official distributor of drugs from the largest Bulgarian drug manufacturers, including the flagship of the Bulgarian pharmaceutical industry Sopharma, which has a stable position on the Russian market.
    The National Distribution Company was formed in January 2004 as a result of the merger of Teremok Medico-Psychological Center LLC and the National Distribution Company CJSC. The integration of technological and commercial infrastructures of companies, the unification of management and personnel, the formation and promotion of a unified marketing policy - all this made it possible for the newly formed company to allocate large funds for the further development of infrastructure, the introduction of new technologies, and the improvement of the quality and competitiveness of the services provided.
    …….
    2. Regulatory framework for the activities of CJSC
    The main sources of legal regulation of the activities of CJSC NDK are: the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the Federal Law “On joint-stock companies”(about JSC) dated December 26, 1995 N 208-FZ, etc.
    CJSC was established in accordance with the Federal Law "On Joint Stock Companies", the Civil Code of the Russian Federation and other applicable legislation.
    The Company shall have the right, in accordance with the established procedure, to open settlement, currency and other bank accounts in the territory of the Russian Federation and abroad.
    The Company has a round seal containing its full company name in Russian (the Company is also entitled to have a full and (or) abbreviated company name in the languages ​​of the peoples of the Russian Federation and (or) foreign languages) and an indication of its location. The Society has stamps and letterheads with its name, its own emblem and other means of visual identification.
    Location of the Company: Russia, 109147 Moscow, st. Taganskaya, 19, of. D8.
    The goals of the Company's activities are to expand the market for goods and services, as well as to make profit.
    The Company carries out the following main activities:
     wholesale and retail sale of cosmetics;
     supply of medicines and medicines;
     legal consulting;
     wholesale and retail sale of consumer goods and industrial and technical products, commercial operations;
     provision of paid services;
     the content of social and cultural life;
     construction management in an economic way;
     freight transportation, loading and unloading operations, warehouse operations;
    - implementation foreign economic activity in the manner prescribed by applicable law.
    All of the above activities are carried out in accordance with the current legislation of the Russian Federation. Separate types of activities, the list of which is determined by special federal laws, The company can only engage in obtaining a special permit (license).
    ………….
    3. Functional duties and activities of a lawyer in a CJSC
    The purpose of the lawyer's activity is to ensure the legal work of the CJSC.
    It should be noted in the context of this study that CJSC NDK does not have position lawyer.
    The main activities of the legal department of a modern commercial organization are:
    - local (internal) rule-making and ensuring the legality of organizational and administrative documentation;
    - contractual and legal work;
    - claim work;
    - legal support for the functioning of the organizational and legal form of a commercial organization (conditional corporate work);
    - ensuring the quality of services provided by legal means;
    - provision social partnership in the organization, control over compliance with labor legislation, participation in interaction with the representative bodies of employees;
    - formation of legal culture of employees
    During my internship, I compiled job description lawyer (Appendix 1).
    From the point of view of local (internal) rule-making, the legal department carries out a preliminary check of compliance with the current legislation and the interests of the organization and takes part in the development of internal documents of the organization relating to various areas of its activity: corporate, labor, etc.
    The legal department monitors compliance with the requirements of the law and internal documents of the organization of organizational and administrative documentation: orders, orders, instructions, other regulations issued by the heads of the organization, and takes measures to change acts adopted with violations of the current legislation or internal documents of the organization, or to annulment of acts that have become invalid.
    An important part of the work on local rule-making is the systematization, accounting and maintenance of internal documents of the organization. One of the effective ways to solve this problem is to use in the organization the nomenclature of cases approved by the order of the head in accordance with the requirements of the State Archival Service of the Russian Federation for documentation management activities and organization of work with documents.
    Contractual legal work, regardless of economic structure(planned or market economy) is an essential component of the legal support for the economic activity of an organization of any organizational and legal form.
    The contractual and legal work of a commercial organization should ensure:
    ……..
    4. Analysis of the features of contractual relations in wholesale trade
    During my internship, I, as a lawyer of the company, was repeatedly approached by employees of other departments for advice in order to clarify some aspects of the legal regulation of contracts. As a lawyer, I was instructed by the director of CJSC NDK to study the legislation and the specifics of drawing up supply contracts, commission contracts, sales contracts and some other types of contracts in wholesale trade.
    During the study, I made the following conclusions about the types and features of drafting contracts in wholesale trade.
    Requirements for wholesale trade are established mainly by the Civil Code of the Russian Federation. This is due to the fact that the relations that arise between the seller (wholesale trade enterprise) and the buyer (an enterprise of another type of activity) are formalized by business contracts.
    A business contract is an agreement concluded between enterprises in order to ensure their economic activity and fulfill mutual obligations.
    The agreement regulates the relationship of partners in the implementation of economic activities and is an expression of the consent of the parties, aimed at establishing, changing or terminating obligations. In addition to legislation, the contract may regulate both relations provided for and not provided for by law or other legal acts, but on condition that they do not violate imperative norms (rules binding on the parties established by laws and other legal acts in force at the time of conclusion of the contract) .
    The contract is a set of conditions that determine the actions of the parties to achieve specific goals. These conditions are established at the discretion of the parties, unless the content of the relevant condition is prescribed by law or other legal acts. In the event that the term of the contract is provided for by a rule that is applied in so far as the agreement of the parties does not establish otherwise (dispositive rule), the parties may, by their agreement, exclude its application or establish a condition different from that provided for in it. In the absence of such an agreement, the terms of the contract are determined by a dispositive norm. Article 421 of the Civil Code of the Russian Federation also establishes that if the terms of the contract are not determined by the parties or by a dispositive norm, then the relevant conditions are determined by customs. business turnover applicable to the relationship of the parties.
    ……..
    Contract of sale.
    In accordance with Article 454 of the Civil Code of the Russian Federation, a sales contract is an agreement under which “one party (seller) undertakes to transfer a thing (goods) into the ownership of the other party (buyer), and the buyer undertakes to accept this goods and pay a certain amount for it sum of money(price). The law cannot regulate every step of the seller and the buyer, therefore the Civil Code of the Russian Federation establishes only general rules for the sale. Specific conditions of sale and purchase are determined by the seller and the buyer independently.
    This type of contract is widely used in trade, as the most appropriate to the essence of the relationship between the seller and the buyer, which can be legal entities and (or) entrepreneurs without forming a legal entity.
    Delivery contract.
    Wholesale of goods, i.e. relations between professional sellers and buyers are regulated in the Civil Code of the Russian Federation by a supply contract. According to Article 506 of the Civil Code of the Russian Federation, a supply contract is a contract under which “a supplier - a seller carrying out entrepreneurial activities, undertakes to transfer, within a specified period or terms, the goods produced or purchased by him to the buyer for use in entrepreneurial activities or for other purposes not related to personal, family, household and other similar use. This agreement is most common in the execution of transactions between manufacturers and intermediaries.
    Prior to the conclusion of the supply contract, the parties agree on individual terms of the transaction. In the event of a disagreement, the party that proposed to conclude the contract and received from the other party a proposal to agree on these days of conditions must, within thirty days from the date of receipt (unless another period is established by law or agreed by the parties), take measures to agree on the relevant terms of the contract or in writing notify the other party of the waiver of its conclusion.
    ………
    Conclusion
    Internship is an important element of the educational process for preparing 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.
    In conclusion, I would like to draw attention to the following points.
    Practice is one of the main conditions for consolidating the theoretical knowledge acquired at the Academy, acquiring practical skills for their application, as well as identifying gaps in the knowledge of theory. Of course, the duration of the practice does not allow you to fully master all areas of the organization's activities, but it makes it possible to receive practical training, assess your capabilities and finally choose your future specialty. I believe that I completed the internship program in full, having acquired the necessary practical skills and consolidating the theoretical knowledge gained. Therefore, I consider the goal of practice achieved.
    During my internship, I gained a lot of experience in communicating with clients and drafting legal documents, which will help me in my future work.
    When considering the issue of setting up contractual and legal work in a modern commercial organization, it is important to dwell on the following two points: determining the structure that is responsible for the organization's compliance with contractual legal obligations, and the types of contracts that are subject to mandatory approval by the legal service.
    I believe that, from the point of view of compliance with contractual obligations, responsibility should be assigned to structural subdivision organizations, in functional responsibilities which includes the performance or receipt of the performance of the relevant product (work, service). For example, the marketing and sales service should be responsible for the execution of the supply contract, the motor transport service should be responsible for the execution of the cargo transportation contract, etc. The legal department may be directly responsible, for example, for the execution of a contract for the legal services of another organization. This procedure for assigning responsibility for the fulfillment of contractual obligations ensures the optimization of the management structure and increases the efficiency of the organization as a whole.
    It is inexpedient that ZAO NDK does not have both a lawyer and its own legal department in its staff. The company prefers to turn to third-party consultants in case of disputes in the work.

    Bibliography
    1. The Constitution of the Russian Federation of December 12, 1993, as amended. dated 21.07.2007 N 5-FKZ. – SPS Consultant plus, 2010.
    2. Civil Code of the Russian Federation. – SPS Consultant plus, 2010.
    3. Labor Code of the Russian Federation, No. 197-FZ of December 30, 2001 (as amended). - SPS Consultant plus, 2010.
    4. Federal Law No. 208-FZ of December 26, 1995 “On Joint Stock Companies”. – SPS Consultant plus, 2010.
    5. Antonov A.P. Business Law. – M.: AST, 2010.
    6. Ashmarina E.M. Legal regulation entrepreneurial activity: Tutorial. – M.: Infra-M, 2010.
    7. Bagiev G.L., Asaul A.N. Organization of entrepreneurial activity Textbook. – St. Petersburg: SPbGUEF, 2010.
    8. Belykh V.S. Legal regulation of entrepreneurial activity in Russia. Monograph. – M.: Prospekt, 2010.
    9. Kruglova N.Yu. Commercial law textbook. – M.: Higher education, 2009.
    10. Nikolaeva T.I. Technology and commercial activity. - M.: Nauka, 2009.
    11. Smagina I.A. Entrepreneurial Law: a course of lectures. – M.: EKSMO, 2010.
    12. Sork D.M., Belousov E.N., Lisovskaya E.A. Legal regulation of economic activity. - M .: Academy, 2009.
    13. Eriashvili N.D., Korshunov N.M. Entrepreneurial Law. - M .: Law and Law, 2010.