Introduction of a report on the educational practice of a lawyer. Activities of a lawyer in an organization. Examples of practice reports

Nesterov A.K. Report on the practice of a lawyer // Encyclopedia of the Nesterovs

Lawyer practice report written based on the results of internship in law enforcement agencies, government institutions and commercial organizations. Modern legal education requires the student to have practical skills, the acquisition of which occurs through writing a report on the practice of a lawyer. The practice report is aimed at developing skills in applying theoretical knowledge in a practical manner.

In order to write a report on a lawyer’s practice, you need to understand what kind of report is required for at this stage University studies. According to honoring GOSTs, for the entire period of obtaining a legal education, a student needs to complete three reports:

  1. report on legal practice
  2. report on practical training of a lawyer
  3. report on pre-graduate legal practice

Each of the above reports is classified depending on the place of internship. An approximate classification according to this principle is presented in the figure below. Classification by place of practice may vary depending on the university.

Lawyer practice report program

Before talking about the specifics of the report’s content, let’s focus on the fact that a practice program is required to complete it. The internship program for both full-time and part-time studies can be obtained from the department or from your teacher.

Having a practice program is essential to getting a high grade. It is the program for the lawyer’s practice report that contains the key requirements for the student’s activities at the place of practice and regulates the volume and format of the report.

The law practice report is carried out in accordance with the practice program with the attachment of legal documents and analysis of judicial practice. A legal practice report is a written work reflecting all stages of practical training in legal specialties. Writing a practice report rightfully involves serious independent work and requires a lot of time and effort.

It is necessary to use current regulations legal acts And methodological developments, fresh periodicals and the latest manuals and monographs.

To successfully defend your internship report, you need to complete the report in accordance with the internship program and individual assignment, if any.

In addition, the report program for a lawyer’s practice states the need to receive an individual assignment, without which, in some cases, the practice cannot be counted.

Lawyer practice report, features and main contents

Lawyer practice report reflects:

The application by a trainee of his or her theoretical knowledge during internship through personal participation in the activities of a judicial authority or commercial organization;

Analysis of regulatory legal basis formation and activities of the relevant body or its division;

Study of the internal structure of an organ or its subdivision;

Studying the functional tasks of the body in which the internship is taking place;

Participation in solving the functional tasks of the body, its separate division in agreement with the head of the practice at the place of its implementation.

Based on the results of the internship, it is necessary to prepare a report on the internship.

Lawyer practice report carried out after completing an internship in internal affairs bodies, a notary or lawyer's office, authorities municipal government or commercial organization. The place of internship depends, first of all, on the specialization. For example, if your specialization is civil law, then a good base of practice would be a notary office or a bar association. If your specialization is criminal law, then the practice is best done in a court, investigative department or prosecutor's office. The place for internship and subsequent writing of a report on the future lawyer’s practice is approved at the specialized department.

Lawyer practice report includes an analysis of legislation in accordance with the internship program, a description of the activities performed during the internship, general characteristics bases of practice from a legal point of view. In addition, the program may stipulate that certain provisions on the thesis should be included in the form of abstracts in the report on the practice of the future lawyer.

A practice plan, a diary for the report and a description of the place of practice are also attached to the lawyer’s practice report. The sequence of submission of documents when submitting an internship report is as follows:

  1. title page,
  2. practice program,
  3. diary for practice report,
  4. feedback from the internship site,
  5. directly report on the practice,
  6. applications.

Lawyer internship program and diary

The practice plan or program is drawn up in the form of a table, which indicates the main work planned within the framework of the practice program.

Lawyer Practice Program
date Planned work
1 Week Acquaintance with the base of practice, study of basic documents, familiarization with the main work in the specialization. The internship program is signed by the supervisor after submitting the report.
2 week Drawing up legal documents in accordance with specialization. Drafting and reviewing various legal documents of the organization. ---
3 week Preparation of documents for judicial authorities. ---
4 week Analysis of legislation regulating the activities of the organization. ---
5 week Preparation of a report on the practice of a lawyer. ---

After the practice program, a diary is attached to the lawyer’s practice report. The form and content of the diary are shown in the table:

Diary of internship
date Contents of the work performed Signature of the head of practice from the university
1 Week I got acquainted with the organization and the main documents in the organization. I became familiar with the main responsibilities of a lawyer in accordance with the specialization of civil law. The internship diary is signed by the supervisor after submitting the report.
2 week Drawed up sales and purchase agreements, information services, and civil law agreements. Prepared documents for submission to the tax authority. I studied the organizational and legal documents. ---
3 week She was involved in the preparation of documents for submission of claims to the arbitration court. ---
4 week She analyzed the regulations governing the activities of the organization as a whole and identified the main shortcomings in the legislation concerning the activities of such organizations. ---
5 week I was writing a report on the internship. ---

Feedback about the internship

Lawyer practice report also contains a testimonial from the internship site, signed by the internship supervisor from the organization. Review example:

Feedback-characteristics

Vasnetsova Maria Sergeevna completed an internship in the legal department of the Non-State pension fund"Society". During the internship, she was responsible for the work performed, in set time came for an internship. She carried out tasks and instructions conscientiously.

During her internship at work, she was careful, proactive and disciplined. The preparation of all materials was carried out in an organized manner.

She was friendly and welcoming in her interactions with the team.

Head of practice from the enterprise

Mikhalkov Valery Alexandrovich

Moscow State Law University named after O.E. Kutafina (MSAL)

REPORTING MATERIALS ON PRODUCTION PRACTICES

Individual assignment for educational/industrial practice. 3

Work schedule (plan) for educational/industrial practice. 4

Diary of industrial practice……………………………………….5-13

Report..………………………………………………………………………………………..14-16

Reporting materials on the individual assignment of the practice manager…………..17-21

Feedback from the practice manager……………………………………………………………..22-23

Individual task for practical training at LLC Design Institute of Unique Structures ARENA

Module/stage name Completion period/Deadline Planned works
Receiving an individual assignment for practical training from the supervisor of the internship. October 12, 2017 Consultation with a scientific supervisor - head of production practice. Receiving recommendations and individual assignments for industrial practice:
On-the-job training November 06, 2017 —
December 24, 2017
Completion of practical training in the legal department of LLC Design Institute of Unique Structures ARENA. Carrying out instructions from the department's leading specialist and individual assignments from the practice manager
Preparation of reporting documents on practice December 25, 2017- Preparation of reporting materials on practice, sending to the head of practice from the University for verification, eliminating the comments of the head of practice
Practice certification January 19, 2018 Interview with the practice manager, defense of practice reports, obtaining an assessment

Diary of internship

date Signature of the head of the organization and seal
06.11.2017 Familiarization with the principles of conducting educational practice, the structure and organization of activities of the legal department of LLC Design Institute of Unique Structures ARENA.

Studying the operation of corporate databases and registers reflecting the state of litigation involving the company/company clients/company partners.

07.11.2017 Analysis of legal provisions governing legal relations within the assigned case:

Ø Civil Code Russian Federation:

1. Part 2, Chapter 30, §7 Sale of real estate;

2. Part 2, Chapter 37, § 1 General provisions on contracts;

3. Part 2, Chapter 37, § 3 Construction contract;

4. Part 2, Chapter 37, § 4 Contract for the implementation of design and survey work.

Ø Federal Law of December 30, 2004 N 214-FZ “On participation in shared construction apartment buildings and other real estate and on making changes to some legislative acts Russian Federation".

08.11.2017 Ø Law of the Russian Federation dated 02/07/1992 N 2300-1 (as amended on 05/01/2017) “On the protection of consumer rights.”

Ø Federal Law of December 27, 2002 N 184-FZ (as amended on July 29, 2017) “On Technical Regulation.”

Ø “Review of the practice of resolving disputes by courts arising in connection with the participation of citizens in the shared construction of apartment buildings and other real estate objects” (approved by the Presidium of the Supreme Court of the Russian Federation on December 4, 2013) (as amended on March 4, 2015).

09.11.2017 Search for judicial practice through IPS ConsultantPlus on the issue of liability for the developer’s unacceptable deviation from building codes and regulations and design documentation.

Detailed study of the Ruling of the Supreme Court of the Russian Federation dated April 28, 2015 N 11-КГ15-9, Ruling of the Supreme Court of the Russian Federation dated 06/28/2016 N 5-КГ16-47, Resolution of the Sixth Arbitration Court of Appeal dated 01/20/2014 N 06AP-7001/2013 in case No. A73-10446/2013, as well as:

Ø GOST R EN 13779-2007 (National standard of the Russian Federation. Ventilation in non-residential buildings. Technical requirements to ventilation and air conditioning systems" (approved by Order of Rostekhregulirovaniya dated December 27, 2007 N 616-st).

November 10, 2017 Ø Construction norms and rules of the Russian Federation SNiP 41-01-2003 “Heating, ventilation and air conditioning” (adopted by Decree of the State Construction Committee of the Russian Federation dated June 26, 2003 N 115).

Ø Study of the procedure for the developer to obtain a construction permit, permission to put an apartment building into operation.

Search for an expert organization to conduct a construction examination on violation issues general requirements to buildings and residential premises, building codes and regulations, unacceptable deviations from design documentation.

November 13, 2017 Meeting with an expert, concluding an agreement to carry out work to conduct an expert diagnostic examination. Payment of the invoice.

Departure with an expert to the site being inspected, photographic recording of the residential premises. Development of a strategy for protecting the client’s interests, preparation of a legal opinion based on the processed material.

Fulfillment of an individual assignment from a scientific supervisor for current practical training.

November 14, 2017 Meeting with the client, providing legal advice, transferring documents.

Preparation of a claim to the developer based on available materials with a requirement to provide the necessary information on obtaining a construction permit and putting the facility into operation, as well as a requirement to eliminate identified deficiencies by a designated date.

Sending documents by mail.

November 15, 2017 Meeting with a representative of the design institute on the issue of developing a contract for the implementation of design work for a facility in Tashkent. An Austrian company acts on the side of the technical customer, discussing the details of a bilingual contract (Russian and English).

Obtaining the necessary information and documentation for drawing up a draft agreement.

November 16, 2017 Obtaining materials on the case of squatting of a shared balcony area with a neighbor. Preparation of an application for an inspection of the premises, personal delivery of the application to representatives of the State Budgetary Institution “Zhilishchnik” of the Presnensky District.

Familiarization with the received court decision in absentia to refuse to recover damages caused due to a leak in the attic floor of a multi-story building.

Preparation of an application to cancel a default judgment.

Sending documents by mail.

November 17, 2017 Participation in a court hearing Arbitration Court of the city of Moscow as a representative of LLC *** in case No. A40-6203/2016 on the claim of LLC *** against the Department of City Property of the City of Moscow on a claim for recovery of losses.

Sending a copy of the statement of claim regarding the obligation of the Moscow City Property Department to conclude an agreement for the purchase and sale of real estate (non-residential premises) with LLC *** in the manner established Federal law dated July 22, 2008 N 159-FZ “On the peculiarities of the alienation of real estate that is in state ownership of the constituent entities of the Russian Federation or in municipal property and leased by small and medium-sized businesses, and on amendments to certain legislative acts of the Russian Federation” by mail to the Moscow City Property Department.

November 20, 2017 Submission of the above statement of claim with attachment necessary documents to the Moscow Arbitration Court through electronic communications through the kad.arbitr.ru system.

Harmonization of terms that need to be disclosed for a uniform understanding of the text of the contract.

Preparation of provisions on the subject of the contract, the procedure and conditions for performing work.

November 21, 2017 Telephone conversation with an assistant judge, obtaining information on the case regarding the invalidation of a number of loan agreements and the recovery of unjust enrichment.

Preparation of agreements for the provision legal services and invoicing.

Meeting with the client, providing legal advice on the issue of the developer’s liability for evading the conclusion of the main agreement for participation in shared construction and fulfillment of obligations for commissioning apartment building, the construction of which is actually completed, and recognition of ownership of an apartment in such an apartment building.

November 22, 2017 Obtaining the necessary documents from the client and drawing up a power of attorney from the notary.

Receiving ready-made extracts from the Unified State Register of Real Estate for real estate in the center public services Moscow "My documents".

Performing the task of developing a contract for design work.

November 23, 2017 Preparation of provisions on the procedure for accepting the result of work performed, remuneration for work performed, as well as the rights and obligations of the parties.

Coordination of contract provisions with management and the client. Making adjustments based on client comments.

Sending documents by mail.

Control call about the developer receiving a claim with a requirement to eliminate violations of SNiPs and design documentation.

November 24, 2017 Study of judicial and law enforcement practice on issues of liability of parties for failure to fulfill or improper obligations under a contract for the performance of design work.

Performing the task of developing a contract for design work.

Preparation of provisions on the liability of the parties, insurance, bank guarantee, validity period, grounds and procedure for termination of the contract.

November 27, 2017 Coordination of contract provisions with management and the client. Making adjustments based on client comments.

Sending documents by mail.

Visiting the client to inspect the balcony seized by a neighbor with representatives of the State Budgetary Institution “Zhilischnik”. Drawing up an inspection report. Preparation of received documents for drawing up a statement of claim.

November 28, 2017 Preparation of a statement of claim to the client’s neighbor regarding the issue of squatting of the balcony, attaching a written demand to the neighbor, a protocol for the inspection of the premises, a BTI plan, an explication, floor and situational plans.

Sending documents by mail.

Performing the task of developing a contract for design work.

November 29, 2017 Preparation of provisions on the transfer of rights and obligations, force majeure, applicable law and dispute resolution procedures, notices, cooperation and contract language, confidentiality, guarantees of the parties, rights to the results of intellectual activity and final provisions.

Coordination of contract provisions with management and the client. Meeting with a representative of the design institute to discuss the prepared draft agreement. Country house general recommendations on drawing up such annexes to the contract as a list of initial data, a list of contractors/subcontractors, a form of an acceptance certificate for work performed, a payment schedule.

November 30, 2017 Preparation and receipt of copies of documents from the client for writing an application for the collection of legal costs for payment of the services of a representative in a case assigned by the head of the department.

Study of judicial practice on the issue of recovery of legal costs for payment of representative services.

Translation of part of the contract for design work into English.

12/01/2017 Conversation with the assistant referee regarding readiness court decision. A trip to the Meshchansky District Court of Moscow, obtaining a court decision.

Translation of the remaining part of the contract for the execution of design work into English. Checking the quality of translation, monitoring compliance with the Russian text.

Coordination of the completed contract with management. Meeting with the client, transfer of the contract, discussion of the possibility of further cooperation on legal support of this situation.

12/04/2017 Fulfillment of an individual assignment from a scientific supervisor for current practical training.

Obtaining documents in the case of termination of ownership rights due to the loss of property - a fire at an individual residential construction site in the city of Ramenskoye. The client’s co-owner demands restoration of the house at joint expense, but the client does not see the need for this.

Search for construction expert organizations to resolve the issue of the feasibility of restoring a burnt house and assessing the damage, receiving information letters on the case for the appointment of a forensic examination by the court.

05.12.2017 Participation in a court hearing in the case of a burnt house. Appointment of a forensic examination.

Search for a cadastral engineer on the issue of drawing out the boundaries of a land plot in order to further obtain a construction permit from the administration of the Naro-Fominsk region.

Request for an agreement form for the implementation of cadastral works, approval of a number of provisions, payment of the invoice.

12/06/2017 Request for an agreement form for the implementation of cadastral works, approval of a number of provisions, payment of the invoice.

Meeting with a cadastral engineer on site, installing long-term boundary signs, obtaining an act of removing the boundaries of the land plot. Preparing an application to the administration of the Naro-Fominsk district to obtain a construction permit, taking into account the act received from the cadastral engineers.

12/07/2017 Execution of instructions from the manager in the case of the purchase and sale of parts of land plots in the Odintsovo district. Search for a cadastral engineer, development of three configuration options for newly formed land plots.

Coordination of configuration options for newly formed land plots with the owner of the neighboring land plot. Approval of the order of work.

12/08/2017 Conclusion of an agreement to terminate a contract for the provision of services to a legal entity, preparation of acts for May 2016 - October 2017.

A trip to the Khamovnichesky District Court of Moscow, familiarization with the materials of the case on unjust enrichment under credit and loan agreements.

12/11/2017 Identification of cadastral errors, namely the overlap of the boundaries of land plots, an error in determining the turning point on the border of adjacent land plots, discrepancy between the boundaries of adjacent land plots.

Proposal and agreement with management and clients (owners) to change the configuration of land plots in the order of redistribution, rather than purchase and sale.

12/12/2017 Preparation of a legal opinion on the procedure for registering land plots formed as a result of redistribution.

Fulfillment of individual assignments of the scientific supervisor.

Receiving case materials regarding non-payment of a completed delivery due to the absence of a signed main contract. Meeting with the client, receiving documents. Registration of a notarized power of attorney.

12/13/2017 Studying the materials of the case of unpaid delivery. Development of the regulatory framework, search for relevant judicial practice through the IPS ConsultantPlus. Preparation of a legal opinion. Sending documents by mail.

Preparation of an overview of changes in connection with the adoption of a new Administrative regulations Ministry of Internal Affairs of the Russian Federation state function on the implementation of federal state supervision over compliance by road users with the requirements of the legislation of the Russian Federation in the field of road safety.

12/14/2017 Development of an agreement to correct cadastral errors. Registration of a notarized power of attorney from land owners to correct cadastral and registry errors, redistribute land plots and remove and register ownership of newly formed land plots.

Signing and transferring copies of the agreement to clients, as well as the owners’ consent to correct the cadastral error.

12/15/2017 Submitting documents for registration of correction of a cadastral error to the cadastral chamber of the Moscow region. Receiving a boundary plan or act from the cadastral engineer. Payment for completed work. Meeting with clients, signing an agreement, consent and decision on redistribution, owners for redistribution.
18.12.2017 Execution of orders to remove the seizure of a vehicle in connection with the termination of enforcement proceedings. A trip to the bailiffs, obtaining a resolution to lift restrictions on registration actions for the vehicle. A trip to the traffic police to carry out registration actions to deregister the vehicle.
12/19/2017 Search for judicial practice on the issue of a construction contract, namely the customer’s obligation to pay additional work, not included in technical documentation.

Obtaining case materials regarding the collection by the contractor of an unpaid advance and interest for the use of other people's funds by the subcontractor under a subcontract agreement for the performance of work on the development of certain sections of working and design documentation.

December 20, 2017 Study of judicial practice on the use of other people's funds, rights and obligations of the contractor.

Sending documents by mail. Ordering extracts from the Unified State Register of Legal Entities and extracts from the Unified State Register of Legal Entities from the Center for Public Services “My Documents”.

Meeting with the client, requesting additional documents regarding the case regarding the unpaid advance. Receiving payment orders, electronic correspondence between representatives of the parties, as well as calendar plan completion of work stages.

December 21, 2017 Preparation of an application to cancel a default judgment in a case of non-refund Money paid for legal services not actually provided.

Drawing up a legal opinion. Assessing the prospects for a judicial resolution of the case, sending documents by mail. Providing legal advice, concluding an agreement to represent interests in court.

Checking the subcontract agreement for survey work, making adjustments, agreeing on changes with management, sending the draft agreement to the client.

22.12.2017 Drawing up a development contract architectural project and performing landscaping work. Preparation of a legal position, meeting with a client, transfer of documents.

Fulfillment of instructions from management regarding the legal assessment of the “quality” of a project of a unique object for a client – design organization. Receiving documents, contracts, electronic correspondence, project documentation and acceptance certificates from the client. Studying judicial practice, preparing a legal opinion.

Agreeing on a strategy for resolving the client’s situation with management. Drawing up demands for payment for work performed to develop sections of project documentation, sending documents by mail.

PRODUCTION PRACTICE REPORT

During the period from November 6, 2017 to December 24, 2017, I completed an internship at the Limited Liability Company “Design Institute for Unique Structures “ARENA”. Industrial practice is aimed at professionally competent preparation of undergraduates for independent work through organizing and testing the results of one’s own scientific research and other related developments, mastering the skills of applying scientific research methods in professional activity.

The objectives of industrial practice are for students to master the skills of organizing and conducting scientific research in professional activities, for students to acquire skills in conducting individual and collective research work, for students to develop the ability to present the results of scientific research in the form of completed research developments, for students to collect materials for implementation. final qualifying work.

Industrial practice, in my opinion, helps the student to form such general cultural and professional competencies, as the ability to improve and develop one’s intellectual and general cultural level, to competently use acquired skills in practice in the organization research work, in team management, skillfully apply regulatory legal acts in specific areas legal activity, implement the norms of substantive and procedural law in professional activities, competently conduct scientific research in the field of law. The master's student gets the opportunity to more deeply understand the specifics of the research topic that he studied throughout the entire period of study and apply his knowledge in preparing scientific research in the chosen area.

The place of practical training was the legal department of Design Institute of Unique Structures ARENA LLC. The company offers wide range services for project activities: activities in the field of architecture related to the creation of an architectural object, design of unique objects capital construction, comprehensive assessment of design and working documentation, consulting in the field of design and construction, assistance in obtaining a positive expert opinion, as well as construction of residential and non-residential buildings.

During my practical training, I completed the following sections of the individual plan:

  1. Introductory work: attended an introductory lecture on practice, attended a consultation with the scientific supervisor of the practice - Bogdanov D. E., received an individual assignment and general recommendations regarding practical training.
  2. Research work, including the selection of the necessary normative, doctrinal and empirical materials on the topic of the dissertation research; collection, analysis and synthesis of research material obtained during primary and secondary processing for the purpose of preparing a master's thesis, as well as other research of a practical and scientific nature, their presentation (testing) in the course of educational, scientific and practical activities; analysis of existing problems of law enforcement and practical features of legal activity in the field related to the topic of the dissertation research, and development of scientifically based proposals for improving legislation and law enforcement practice.
  3. Final part: preparing a report. As an individual assignment for practice, I was entrusted with the analysis of existing problems of law enforcement and practical features of legal activity in the field related to the topic of the dissertation research, and the development of scientifically based proposals for improving legislation and law enforcement practice.

During my practical training, I developed theoretical knowledge in the field of construction contracting, contracting for design and survey work, and other sections civil law, as well as arbitration and civil proceedings, enforcement proceedings, professional competencies and skills are consolidated.

Among the powers I exercised were, in particular, representing the interests of clients in judicial authorities, interaction with government bodies, including the FSSP of the Russian Federation, Rosreestr and others; legal examination of documents at all stages of construction of capital construction projects: pre-contractual obligations between the customer/contractor/subcontractor/developer/participant in shared construction, the stage of survey work, pre-design and design work, installation, acceptance of the object according to the transfer act; providing advice on the legal prospects for collecting debt from an unscrupulous contractor; participation in the preparation of a contract for design and survey work for LLC Design Institute of Unique Structures ARENA.

Reporting materials on the individual assignment of the head of industrial practice from D. E. Bogdanov University are presented below.

Reporting materials on the individual assignment of the scientific supervisor

Today, there is no coherent structure of legal norms that would allow the law enforcer to freely navigate the obligations to carry out design and survey work.

In the Civil Code of the Russian Federation, one paragraph in the chapter on contracting, consisting of five articles, is devoted to design and survey work. At the same time, in the absence of special regulation, general provisions on contracting can be applied to relations regarding design and surveys.

There are a number of problems in law enforcement practice caused by insufficient regulation of the legal relations under consideration. Some of the gaps in the legislation are discussed below.

  1. Features of assessing the quality of the result of survey work, the contractor’s responsibility for improper fulfillment of obligations.

The quality of work is one of the components of the result, indicating its compliance with the terms of the contract, legal requirements and other regulations, building codes and rules obligatory for the parties, business customs, as well as the usually imposed requirements for the normal use of the result of work for a certain period of time (clause 1 of Article 721 of the Civil Code of the Russian Federation).

The process of exploration work is inherently complex, systematic and strictly casual. The survey materials contain data on the natural and geotechnical conditions of the territory, geodetic and geological justification for the layout and space-planning solutions of the facility, environmental protection measures (clauses 1-3, clause 4, article 47 of the Civil Code of the Russian Federation). The specificity of the information underlying the research is that environment And natural conditions subject to probable natural changes. At the time of acceptance of work, the customer expects that the received data corresponds to the actual natural and geotechnical situation of a certain territory, which could be a criterion for assessing the quality of survey work. But, obviously, it is impossible to check the quality of the content of survey materials due to the lack physical properties research results that can be visually assessed by the customer for obvious and hidden shortcomings, and, as a consequence, the impossibility of applying the quality criteria proposed general provisions on contracts (Article 721 of the Civil Code of the Russian Federation). As a result, I propose to evaluate not the result of survey work, but the actions performed by the contractor during the survey process. If the work was carried out in full compliance with technical standardization acts, rules for handling equipment, and the requirements of metric measurements were met, then it is incorrect to talk about improper performance of survey work, just as it is incorrect to hold the contractor liable for property liability (collection of penalties, compensation for losses of the customer). It is necessary to make appropriate additions to Art. 761 of the Civil Code of the Russian Federation, as well as to give legal force to acts of technical regulation of exploration activities using a blanket method of presentation.

  1. Establishment and calculation of the limitation period in relation to claims related to deficiencies in technical documentation and survey results arising from the contract for the performance of design and survey work.

Article 761 of the Civil Code of the Russian Federation establishes the contractor’s liability for deficiencies discovered, including during the construction and operation of the facility. In accordance with Art. 208 of the Civil Code of the Russian Federation, requirements to which the limitation period does not apply are listed in the text of the said article or must be established by law. In the text of Art. 761 of the Civil Code of the Russian Federation does not directly provide that the customer’s demands to hold the contractor liable for improper preparation of technical documentation and performance of survey work are not subject to limitation. However, the wording of Art. 761 of the Civil Code of the Russian Federation allows us to come to the conclusion that for improper preparation of technical documentation and performance of survey work, the contractor is liable beyond the general limitation periods, and accordingly, the limitation period does not apply to these requirements. If the statute of limitations for disputes about defects within the limits of performance were calculated from the day the defects were discovered, that is, from the day when the violation of the right became known, then claims against the debtor could be brought many years after the actual termination of the legal relationship on the design. Such a provision would be contrary to the very essence of the limitation period. The rules on the limitation periods of Chapter 12 of the Civil Code of the Russian Federation contradict this provision Art. 761 Civil Code of the Russian Federation. In this regard, at the legislative level it is necessary to establish the provision that the limitation period for claims of the customer in connection with improper preparation of technical documentation and the performance of survey work not only does not apply, but is limited, albeit for the longest period.

  1. Uncertainty of the subject of the contract for design and survey work. Should the work acceptance certificate reflect the work performed by the contractor or is it sufficient to transfer project documentation or the result of research?

The subject of the agreement is an essential condition of the agreement (paragraph 2, clause 432 of the Civil Code of the Russian Federation). If the parties do not agree on the subject, the contract is considered not concluded. In the scientific literature and in judicial practice, the question of the consistency of the conditions on the subject of the contract, including the contract for the performance of design and survey work, is controversial.

There are the following positions, according to which the subject is:

  • content and scope of work to be performed;
  • content, volume and types of work;
  • types and volume of work to be performed;
  • the name of the work to be performed (the categories “type” and “name of work” should not be confused);
  • the facility (place of work) where the work is to be carried out;
  • the result to which contract work should lead, etc.

Based on the provisions current legislation, design and survey work must be carried out in accordance with the instructions of the customer initiating certain work in order to obtain a specific result, as well as the transmitted initial data. Therefore, the customer must receive the result of the work performed and documented information that the work has been completed. In such a situation, the contractor transfers the completed work to the customer according to an act, which reflects both the work performed and the fact of transfer of their result. In turn, the customer in civil transactions must act in good faith and only if there are certain grounds not to accept the work, informing the contractor in a timely manner about the reasons for his refusal. The subject of the contract for the performance of design and survey work should be considered as a certain result achieved by the contractor, reflected in the documentation (the work embodied in the result).

  1. Unilateral refusal upon delivery and acceptance of work under the contract.

At the time of delivery of documentation, the customer in most cases will not have the opportunity to verify its completeness and accuracy. Accordingly, it is advisable in the contract to reflect in advance the period during which the customer has the right to review the documentation provided to him upon completion of the work performed or to send a reasoned refusal to sign it. This provision is often stipulated by the parties to the contract.

When considering the issue of legal force of a unilateral act of acceptance and transfer of the result of work under a contract for design and survey work, it is not entirely correct to apply Art. 753 of the Civil Code of the Russian Federation on the legal force of a unilateral act of acceptance of work. Often, courts apply the rule governing the relations of a construction contract to relations for the implementation of design and survey work, even without indicating its application by analogy, which is incorrect, given the specifics of the contractual structure in question. In order to avoid delays on the part of the customer in accepting the result of the work performed, it is advisable to introduce a dispositive norm in the chapter of the Civil Code of the Russian Federation on contracts for design and survey work, which will confirm the fact of acceptance by the customer of work in certain cases under a unilateral act, unless otherwise provided by law or determined by agreement sides The introduction of this rule will make it possible to determine that the act drawn up in this manner serves as evidence of the contractor’s fulfillment of the obligation under the contract. In such a situation, the court will be obliged to consider the customer’s arguments justifying his refusal to sign the acceptance certificate for the work result.

FEEDBACK FROM THE PRACTICE MANAGER

Bekmukhamedova Ekaterina Igorevna, 03z group 2nd year master's degree at the Institute of Law master's program“Lawyer in the field of contract law”, completed practical training for 4 semesters in the amount of 378 academic hours.

The period of practical training is from March 26, 2018 to May 13, 2018. Based on the application dated October 9, 2017, E. I. Bekmukhamedova completed 4 semesters of practical training ahead of schedule from November 6, 2017 to December 24, 2017. According to the personal agreement dated October 9, 2017, the limited liability company “Design Institute for Unique Structures “ARENA” was chosen as the place of industrial practice.

The individual assignment of the industrial practice was as follows:

  1. Analysis of existing problems of law enforcement and practical features of legal activity in the field related to the topic of the dissertation research.
  2. Development of scientifically based proposals for improving legislation and law enforcement practice.

Bekmukhamedova E.I. achieved the goals of production practice in full, and the analysis of the report materials indicates the conscientious fulfillment of the tasks received. During the internship period, Bekmukhamedova E. I. reviewed materials related to the organization of the activities of the Limited Liability Company “Design Institute for Unique Structures “ARENA”, got acquainted with the constituent documents and structure of the enterprise, with documentation, with the company’s record keeping plan, the master’s student completed all methodological and mandatory types of work. Materials collected during the internship, work experience in the lawyer’s workplace, participation of E.I. Bekmukhamedova in the activities of the organization allow us to note that during the internship the master’s student deepened theoretical knowledge and acquired practical skills on the topic of master’s thesis research, a creative approach to performing various tasks of high complexity. The report is characterized by a convenient presentation of information, using both practical materials and legislative, regulatory and literary sources. The findings and conclusions in the report are made correctly. The report on the internship materials is quite informative; in general, the student’s active work during the internship period deserves an “excellent” rating.

Introduction 3

1. Local acts regulating the activities of the legal service of the enterprise 5

2. Legal and local acts that guide the employees of the enterprise’s legal service 8

3. Planning the work of the enterprise’s legal service 10

4. Ensuring the legality of legal documents by the legal service 11

5. Participation of the legal service in the development of legal documents regulating labor relations 14

6. Contract work 16

7. Organization of claims work at the enterprise 17

8. Monitoring compliance with labor legislation by the personnel department of the enterprise 21

9. Participation of the legal service in the settlement of individual labor disputes 24

10. Conducting codification and reference work. Searching for legal information in legal reference systems 31

11. Generalization and analysis of the practice of legal work at the enterprise 33

Conclusion 36

List of references 38

Introduction

In accordance with curriculum I am Butikov A.S. underwent practical training in legal department limited liability company "LLC" from ___ April to _____ May.

I was accepted for practical training on the staff of the company for the position of assistant legal adviser.

During my internship, I:

I became familiar with the legislation of the Russian Federation regulating the activities of the company.

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

I got acquainted with the staffing table of the organization.

I became familiar with the structure of the organization.

I got acquainted with the organization and content of the work of the company’s personnel.

Familiarized himself with the content of economic, organizational, managerial and planning work.

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

Familiarized himself with the peculiarities of the work of a legal adviser.

Learned to draft basic civil contracts and constituent documents.

Checked documents for their compliance with the requirements of civil legislation, and also identified and summarized shortcomings in their form and content.

Learned how to effectively use the Garant electronic legal system.

Delivered company documents to organizations and government agencies.

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

Carried out other activities related to jurisprudence.

1. Local acts regulating the activities of the legal service of the enterprise.

The local act of the enterprise on the organization of contract work regulates the activities of all its divisions and officials related to the preparation, passage, procedure for endorsement, signing, sending of contracts, consideration of disagreements, monitoring their implementation. In this case, one should keep in mind the requirements of the law, in particular the Federal Law “On Limited Liability Companies” and the Federal Law “On joint stock companies"about the procedure for committing major transactions and provide in this local act the procedure for expressing the will of the general meeting, board of directors or other body regarding the execution of such transactions.

It is important to understand that we're talking about not about bureaucratization of the process of concluding agreements (contracts), but about eliminating cases of signing low-quality documents, when unrealistic obligations are established, there are no deadlines for their implementation, agreements (contracts) are signed by persons who do not have the appropriate authority, prices for certain things are not agreed upon types of goods to be supplied, etc.

In cases where the law provides for state registration of agreements (contracts), it is necessary to reflect in the local act exactly which unit or official will be involved in the preparation and submission of relevant materials for state registration.

The weak point of many local acts on the organization of contractual work is the insufficient regulation or complete absence of references to monitoring the fulfillment of contractual obligations. In this case, we are talking about both one’s own contractual obligations and the obligations of partners under the contract. To monitor the fulfillment of your own contractual obligations, it is necessary to identify specific services responsible for the supply of raw materials, materials, equipment, production and sale of goods to be supplied. To monitor the fulfillment of the counterparty's obligations under the contract, it is necessary to identify those services that are obliged to immediately inform the management of the enterprise about cases of disruption of product deliveries to the enterprise, prepare and transfer materials to the legal service for filing claims and (or) lawsuits. Depending on the specific conditions, it is possible for the relevant services to prepare claim materials independently.

Considering that in many enterprises the volume of claims work is large, it can be recommended to prepare a local act (order, regulation, enterprise standard, etc.) regulating the procedure for organizing and conducting this work, or to provide for such a procedure in the specified local act on the conduct of contractual work. The purpose of such regulation is to determine the functions of the structural units and officials of the enterprise for recording, preparing, approving, signing and sending claim and claim materials. The role of the legal service in this work is determined by one of its main responsibilities - the protection of the legitimate interests of the enterprise. Consequently, it is the legal service that must develop a methodology for claims work at a given enterprise, taking into account the specific conditions of its activities. As for the participation of other structural units or officials in this work, the regulation of their duties is determined by the main functions that they perform (for example, the construction department - under construction contracts, design work, the chief mechanic service - under equipment repair contracts , administrative and economic service - under lease agreements for non-residential premises, transport service - under agreements for the operation of access roads, maintenance and repair of cars, etc.).

The legal service also takes part in the review of materials on the status of accounts receivable in order to identify debts requiring forced collection. As you know, in the early and especially in the mid-90s, when a crisis of non-payments arose, the function of the legal service related to the liquidation of debts became very relevant.

It is important to emphasize that one of the components of the effective work of legal advisers is the timeliness of filing claims and lawsuits against debtors. This condition fully meets the requirements of the law, namely paragraph 1 of Article 404 of the Civil Code of the Russian Federation, which obliges the creditor to take reasonable measures to reduce the debtor’s possible losses. In this regard, it is interesting, for example, the court decision, which reduced the amount of penalties collected by the creditor for late payment of the debt due to the fact that the plaintiff in the case (OJSC Kaluga Cold Storage Plant) for a long time did not file a claim against the defendant (company LLC " BENEU"), despite the fact that he had such a right. The court regarded this kind of delay as an abuse of right, which contributed to the increase in the defendant’s fines (see: Judicial news. Review for the media, authorities and practicing lawyers. - 2010, No. 3-4 (10-11), p. 40).

In everyday business practice, one should take into account such phenomena as legal risks (risk of accidental loss of property, insurance cases), dishonesty of business partners, etc. All this requires careful consideration and analysis when concluding agreements (contracts) and their execution, as well as when implementing other acts economic activity. And of course, a highly qualified legal service of the enterprise and its active position are required.

2. Legal and local acts that guide the employees of the enterprise’s legal service.

Often the concept of “local regulatory legal acts” is associated with the relationship between an organization (its management) and its employees, that is, with labor relations. The productivity of the enterprise and its progressive development largely depend on the level of resolution of issues in this area. Labor legislation gives its definition of local regulations, applied purely to labor relations - collective agreements, agreements, internal labor regulations and other regulations adopted in the prescribed manner, regulating labor and related relations with a particular employer.

Organizations publish and operate those local regulatory legal acts, the right to issue which is granted to them by legislation and constituent documents. As a rule, such documents include: regulations, instructions, rules, etc.

Each of these documents carries its own meaning. Thus, an order is a legal act that is issued by the head of an organization, acting on the basis of unity of command to resolve the main tasks facing the organization. In this case, orders are divided into two categories - on issues of core activity and on personnel.

The employer, according to the law, is obliged to organize the production process, create appropriate working conditions for its employees and ensure control over their work and their compliance with established rules and labor standards. For these purposes, local regulatory legal acts such as Internal Labor Regulations, Regulations on Trade Secrets, staffing schedules, vacation schedules, etc. are developed and approved.

Since the employer is obliged to approve the work schedule of employees, a corresponding document is required - Internal Labor Regulations, to ensure calculation, accrual and payment wages for labor results - staffing schedule and local documents reflecting the bonus system (for example, Regulations on bonuses).

3. Planning the work of the enterprise’s legal service.

Planning the work of the legal service is preferable in all cases from the point of view of mutual coordination and coordination of the activities of the structural divisions of the enterprise. For example, together with the economic service, the legal department may provide for an audit of the organization's practices in conducting events within the framework of its economic activities, and, naturally, the economic service will be interested in economic issues, and the legal department - in legal ones. In a joint certificate (order or other document), both services can reflect an immeasurably larger range of issues than if each of them drew up a separate document. It is clear that joint document This kind of insight will illuminate the actual state of affairs much more deeply.
Based on the nature of the activities contained in the plan, general and special plans are distinguished. General ones cover activities in all areas of legal work in the organization. Special ones are usually approved for the execution of the act higher authority, they are drawn up, as a rule, after general plans (for a year, half a year) have already been approved; they contain more in-depth activities compared to the activities of general plans. The work plans of the legal service are approved by the head of the organization, which makes them mandatory not only for the legal department and legal advisers, but also for other services. Since the work plans of the legal service in one way or another affect the activities of other departments, copies of them must be sent to all interested departments and officials.

The purpose of any industrial practice is to consolidate the theoretical knowledge acquired at the university. It is taken during the final years of training, and during its completion, the very first skills in a 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 for the design, therefore, before it begins, you need to clarify the details of drafting the work with the scientific supervisor of the project. The report is drawn up after completion of the internship and submitted to the department in writing. It is accompanied by a diary and a testimonial from the organization where the internship took place.

Jurisprudence is a science that has 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 assignments from his teacher. Based on the above points, a report on a lawyer’s practice may have different meanings. Despite the loyal attitude towards the design of written work, it is still worth adhering to the basic procedures.

Introduction

The introductory part, as in other works, contains brief information about the production where the internship took place, and the tasks set are stated. It is mandatory to indicate its duration. You can briefly describe the constituent document, the charter, according to which it carries out its activities this enterprise. The introductory part indicates that the practice took place in accordance with the curriculum.

Main part

Particular interest is shown in the content of the “General Part” of the report. Depending on the goals set, as well as on the direction of the production itself, the structural part is drawn up.

1 . In most cases, the internship 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 appointed to, for example, to the position of lawyer.

2. The following section provides an example of all available legal documentation. This is necessary in order to Teaching Staff I realized how seriously the trainee approached solving the assigned tasks. Documentation, in turn, can be presented directly in the text or transferred to the “Appendix” section. To transfer without losing the semantic meaning, references are placed throughout the text in the form of square brackets. The abbreviated version of the document name and number are indicated in brackets. Example: Doc. 1.

3. All documentation can be recorded in an electronic legal database. Recently, organizations have begun to install it in their office work. In a separate paragraph, give a description of working with this system.

4. Description of the legal examination carried out in the organization.

In addition, all the 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 point should be described in more detail.
3. The lawyer prepares claims, complaints, claims. Prepares them and submits them to the courts. It is advisable to describe this process.
4. At any enterprise, disputes related to social labor may arise. In this case, a lawyer is needed to resolve controversial 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 initially given in the first part, but another option is also possible. It is presented in a condensed form in the Introduction. This option describes the functions of a lawyer, and then provides a complete description of the organization, and this will not be a mistake. The main thing in drawing up a report is the sequence of presentation of the collected material.

Around the third chapter of the report, you need to describe the specific actions of the trainee. How he solved the problems posed by the teacher. In addition to these goals, the student also received assignments from the internship supervisor from the organization. All this is subject to description. A practice diary will serve to help the student at this stage of compilation. It usually takes at least 2 weeks, and some points may be forgotten. You need to write in a diary every day, it’s a kind of cheat sheet.

It is not necessary to fill out the final version of the diary from the first days. To begin with, let this be a draft. Don’t be lazy to do these manipulations every day, and then drawing up a report will not take much time.

Conclusion

Industrial practice in the legal field is an important element in honing the theory. Here, point by point, note the names of the tasks that were solved, as well as the skills acquired. For example, create draft legal and constituent documents. For practical research, you can check their compliance with the laws. If recommendations emerged during the work, they are presented in the final part.

law enforcement agencies, the student received how useful the knowledge gained during his studies was. The names of the departments where the internship took place are listed in order. Describes your own opinion about their work.

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

1.1 Purpose of the internship

General familiarization with the activities of the enterprise;
? familiarization with the peculiarities of the company’s work;
? studying the organization's management structure;
? familiarization with the peculiarities of the work of the legal department;
? studying the structure of the Department;
? studying the job responsibilities of a lawyer;
? studying the place and role of a lawyer in an organization;
? acquiring teamwork skills;
? gaining practical experience as a lawyer;
? quality improvement vocational training;
? educating a specialist in the spirit of respect for the law;
? consolidation of acquired knowledge in general and special legal disciplines;
? testing the ability to use legislation.

1.2 Place of internship

FLY-MEX LLC. Address: Moscow, Ave. Mira, no. 64.
Start date November 01, 2006 End date December 29, 2006
undergoing practical training as a legal assistant.
The duration of the practice is 162 hours.

1.3 Work performed during practice

Familiarization with the activities of the organization;
? Study of the organization's management structure;
? Familiarization with the constituent documents of the company;
? Studying the activities of the enterprise’s legal service
? Studying and drawing up job descriptions;
? Familiarization with the tasks solved by the legal service of the enterprise;
? Studying the features of various legal relations in the regulation of which the legal service of the enterprise takes part:
? Tax legal relations;
? Civil relations;
? Labor relations.
? Familiarization with the procedure for conducting claims and judicial work of the legal service of the enterprise;
? Verification of documents of enterprise management bodies
? Checking the design labor relations (employment contracts, work books, orders);
? Checking the conduct of contractual and legal work:
? Checking the reference personnel work and compliance with internal documents of the enterprise;
? Verification of personnel compliance with positions held according to legal requirements:
? Analysis of the protection of the interests of enterprise owners from possible risks;
? Drawing up contracts for the provision of works (services), drawing up 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 founding 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 responsibilities of the enterprise’s employees;
familiarization with the content of economic and organizational work;
familiarization with the peculiarities of the work of a lawyer in the field of trade;
familiarization with the types of civil contracts and their specifics;
familiarization with the peculiarities of a lawyer’s work;
acquisition of skills in drafting basic civil law contracts, contracts for the provision of paid services, draw up powers of attorney and other documents;
acquiring skills in checking documents for their compliance with the requirements of civil legislation, as well as identifying and summarizing shortcomings in their form and content;
improving knowledge in the use of electronic legal systems “Garant” and “Consultant +”;
delivery of company documents to organizations and government bodies;

taking direct part in collecting packages of documents for concluding contracts for the provision of works (services);
participation in negotiations between the parties to agree on the form and content of certain civil contracts.
I have mastered some of the subtleties of applying the rules Russian law in practice, I understood how some laws and by-laws work, which were incomprehensible to me, and I realized their significance in practical activities.
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 unknowingly, by some citizens and legal entities.
Practical work helped me learn to independently solve a certain range of problems that arise during the work of a lawyer. In particular, I learned to draw up some types of civil contracts, analyze their content and their form. Appendices 13 present job descriptions Head of the Legal Department and Legal Adviser at Fly-Max LLC.
During my internship, I had to consult with representatives of competent structures, deeply study the regulatory framework and law enforcement practice.
In practice, the bulk of the knowledge I acquired in the classroom will be in demand. It became clear that at the moment, it is time for a quick update legislative framework, the importance of electronic information systems, such as, for example, the legal system "Garant". Also, the global Internet, where you can currently find a lot of useful information in the field of law, and which is also a means of business electronic correspondence, has provided great assistance in solving these problems.

1. INTRODUCTION 3
1.1 PURPOSE OF INTERNSHIP 3
1.2 LOCATION OF PRACTICE 3
1.3 WORK PERFORMED DURING PRACTICE 4
2. MAIN PART 5
2.1. ACTIVITY ANALYSIS OF FLY-MEX LLC 5
2.2. BASIC PROVISIONS OF THE ACTIVITY OF THE LEGAL DEPARTMENT OF FLY-MEX LLC 7
3. CONCLUSIONS 12
APPLICATIONS 14
APPENDIX 1 14
APPENDIX 2 18

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Report on the legal practice of a lawyer at Stroy-otdel-service LLC. Completion of practical training in the legal department of the organization Stroy-otdel-service LLC. Home / Samples theses. An example of a lawyer's practice report. End date December 29, 2006

Based on the above points, a lawyer's practice report may have. Industrial practice in the legal field is an important element in honing the theory. How to format an abstract sample. Decor course work according to GOST: sample. Topic: Industrial practice of a lawyer. Type of work: Practice report. Samples of documents, articles in specialized journals and other information. It is difficult to overestimate the importance of such serious assistance in the work of any lawyer. Subject: Industrial practice. File: / Sample practice report for lawyers.doc. During practice, the future lawyer has the opportunity to apply previously acquired theoretical knowledge in the learning process in practical activities. Preparation of a report on industrial practice.

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Report on practical training in a private law firm - file n1.doc

MINISTRY OF EDUCATION AND SCIENCE OF THE RF
MOSCOW STATE UNIVERSITY OF ECONOMICS, STATISTICS AND INFORMATION SCIENCE (MESI)

REPORT
about undergoing industrial practice
Private law firm IP Klimanova S.N. "Little"
Miroshnichenko Anastasia Yurievna

specialty "Jurisprudence"
Head of practice from the institute:

Head from the practice base:

Director of a private law firm

IP Klimanova S.N. "Little"

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, Anastasia Yurievna Miroshnichenko, completed an internship at the Private Law Firm of Individual Entrepreneur S.N. Klimanov. "Litigator"

The head of the practice from the organization was director Klimanov Sergey Nikolaevich.

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

Private law firm IP Klimanova S.N. Sutyazhnik provides legal services. A law firm can enter into agreements for 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 of Individual Entrepreneur S.N. Klimanov. “Litigator” on a permanent basis under employment contracts.

During my internship, I achieved the goals of this internship. I summarized the knowledge I had acquired, diligently carried out all the instructions of my management, while being in a team. During the internship, I studied the basics of a law firm, gained an understanding of the job responsibilities of specialists, learned to draft legal documents, became familiar with the arbitration and civil process, participated in court hearings, analyzed the work I had done, and drew conclusions. These conclusions are presented by me in this internship report.

1. Characteristics of the enterprise - base of practice

Private law firm IP Klimanova S.N. “Sutyazhnik” (hereinafter referred to as IP Klimanova S.N.) was organized in 2010 by IP Klimanova 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 (farm) households.

Individual entrepreneurs can be:

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

minor citizens of the Russian Federation, with:

availability of consent of parents, adoptive parents or guardian to carry out entrepreneurial activities;

marriage;

the court's decision to declare individual fully capable;

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

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

State and municipal employees cannot be individual entrepreneurs.

An individual entrepreneur can carry out any type of business activity that is not prohibited by law.

Activities can be divided into four groups:

requiring permission and/or approval;

closed to individual entrepreneur.

IP Klimanova S.N. carries out the provision of legal services, which relates to ordinary activities. A citizen has the right to freely engage in this type of activity immediately after registering as an individual entrepreneur. It does not require additional permits, approvals, licensing, etc. from the 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 obtaining profit from the use of property, sale of goods, performance of work or 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 activities.

The status of an individual entrepreneur is dual. On the one hand, the entrepreneur is subject to the rules governing the legal status of a citizen (individual). On the other hand, occupation entrepreneurial activity brings an individual entrepreneur closer in status to a legal entity. Thus, the norms of the Civil Code, which regulate the activities of legal entities that are commercial organizations, 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 an individual, all property belongs to him personally and when conducting business activities, the legislation is not divided into household 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, of a limited liability company, 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 business 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 Klimanova S.N. was registered by the Interdistrict Inspectorate of the Federal Tax Service of Russia No. 8 for the Samara Region on July 5, 2010 (Appendix 1).

The activities of an individual entrepreneur can be carried out:

without the use of hired labor;

using hired labor.

On the staff of IP Klimanova S.N. There are 6 employees: a director, a secretary and four legal advisers. Thus, the activities of IP Klimanov S.N. carried out using hired labor.

In connection with the entry into force of amendments to the Labor Code Russian Federation, the relationship between an individual entrepreneur and employees has undergone some changes. Thus, previously individual entrepreneurs were required to register employment contracts with the authorities local government and did not have the right to make entries in work books. Now they have equal rights with legal entities. From October 6, 2006, registration of contracts was canceled, and individual entrepreneurs received the right to make entries in the work books of their employees.

Management of the activities of IP Klimanova S.N. carried out by its director – S.N. Klimanov. In addition, Klimanov S.N. is responsible for obligations arising in the course of the work of the Private Law Firm of Individual Entrepreneur S.N. Klimanova. "Little guy."

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 the rules of civil law, also provided for legal entities, apply to individual entrepreneurs. 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 being combined with entrepreneurship. Unlike legal entities, the property of individual entrepreneurs, which constitute objects of commercial activity, can be passed on by inheritance and by will. But the right to engage in entrepreneurial activity does not pass by inheritance.

The key area of ​​activity of IP Klimanova S.N. is the activity of providing legal services to individuals and legal entities of various types: consulting on legal issues, 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 Klimanova S.N. has an office equipped with all necessary office equipment, providing all the amenities to clients.

2. Organization of work of a law firm

In the private law firm IP Klimanova 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 area of ​​law. One is responsible for working with clients seeking assistance in the criminal and administrative law, another - in the field of civil, family and inheritance law, the third - in the field of housing law, law social security and pension law, the fourth – tax and budget law. Secretary of IP Klimanova S.N. is engaged in organizational and technical support for the activities of employees: answering calls, managing document flow, providing employees with necessary office supplies, organizing meetings with clients, etc. 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 tasked with drawing up a purchase and sale agreement for an apartment (Appendix 2) and a rental agreement for residential premises (Appendix 3). In addition, I represented the client’s interests at the registration authority during the registration of the apartment purchase and sale agreement. Experience in drawing up such contracts and experience in participating in registration procedures is necessary for every legal practitioner.

In order to draw up a purchase and sale agreement correctly, I turned to the current legislation regulating transactions with real estate. In the system of Russian legislation, the rules governing the sale of real estate are set out in Chapter. 30 of the Civil Code of the Russian Federation “Purchase and sale”. This chapter highlights several types of specially regulated purchase and sale contracts, among which a special place is occupied by the 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 to be an agreement between persons, in accordance with which the seller undertakes to transfer a land plot, building, structure or other real estate into the ownership of the buyer property (clause 1 of Art.).

The next interesting, but rather difficult task for my practice manager was to draft a marriage contract, which is quite rare in legal practice.

When getting married, many citizens do not think about what property they will acquire in the future and how they will use this property. However, upon divorce, most families are faced with problems of dividing property that is the property of the spouses. One of the central problems of property relations between spouses is the relationship regarding housing owned by one of the spouses (or both) by right of ownership. In this regard, the opportunity to regulate the housing rights and obligations of spouses by contract is seen as relevant, since only an individual agreement can take into account the specifics of each specific situation. Based on this, a marriage contract seems to be a very effective means of solving the problem of protecting the property rights of spouses.

According to current Russian family law, a marriage contract is an agreement between the persons entering into marriage, or an agreement between the spouses, defining property rights and the responsibilities of spouses during 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 Family Code of the Russian Federation), the spouse has the right to change the marriage contract statutory regime of joint ownership, establish a regime of joint, shared or separate ownership of all their property, its individual species or on the property of each of them.

Spouses have the right to determine in a marriage contract their rights and obligations for mutual maintenance, ways of participating in each other’s income, and 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, and also include in the marriage contract any other provisions relating to the property relations of the spouses.

A marriage contract can be concluded in relation not only to property in kind, but also to that which can be acquired by the spouses in the future.

A prenuptial agreement can be concluded both before the marriage is registered and at any time during the marriage. Depending on when the marriage contract is concluded - before the registration of the marriage or after the registration of the marriage - its entry into force and the emergence of the rights and obligations provided for by the contract depend. If a marriage contract is concluded before the marriage is registered, it will come into force only from the date of registration of the marriage with 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 come into force and the parties do not have any rights or 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, and is declared invalid by the court on the grounds provided for by the Civil Code of the Russian Federation.

Concluding a marriage contract by proxy is not allowed; the parties must be present in person. Spouses or future spouses must affix their signatures to the agreement. If according to 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 agreement. The signature of the latter must be certified by a notary or other official who has 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 marriage contract cannot limit the legal capacity and capacity of the spouses (future spouses). This means that a marriage contract cannot contain provisions that limit the right of one of the parties to work, choose a profession, obtain an 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 business. 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 only be concluded regarding 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 spouses to love each other, remain faithful, not abuse alcohol, not 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 the marriage contract cannot establish that in the event of a divorce the child will remain with the father or mother, or establish the procedure for communication between parents and children in the event of divorce. The restriction of the law is fair, since it is unacceptable to equate a child with a thing.

The fourth limitation is that a marriage contract cannot limit the right of a disabled, needy spouse to receive maintenance, since in accordance with the law, 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 alimony from the other spouse in court. No waiver of this right is valid.

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

Clients who contacted the Law Firm of IP Klimanov S.N. The “litigator” for consultation and drawing up a draft marriage contract explained the following. Citizens Ivanova are legal spouses. Spouse leads commercial activities, he owns expensive property (cars, house and apartment). The wife is a housewife. The husband had a desire for his wife to sit at home and take care of the household. Citizen Ivanova is not against it, but she fears that in the event of a divorce she will be left without a profession, without a job and without a means of subsistence. She would like some 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 if a child was born, her husband would pay her a certain amount for child support after the divorce. The client also insisted on a provision in the marriage contract stating that the husband does not have the right to leave the country without her.

Having studied the documents presented by citizens Ivanov, and also having found out during the conversation some details of the property status of the spouses and their wishes regarding this property, I clarified 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 traveling 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 satisfied the requirements of both spouses (Appendix 3).

To carry out the tasks assigned to me, I was given powers of attorney on behalf of clients who sought help from law firm: for registration of ownership of real estate, representation in court proceedings.

During my internship, I also had to deal with the procedure for recognizing ownership of non-residential premises in court. In the course of this work, it was necessary to consult with representatives of competent structures, collect the necessary conclusions and certificates, and deeply study the regulatory framework on this issue and law enforcement practice. It was compiled by me statement of claim on recognition of property rights (Appendix 4), and I also participated in the court hearing on this case in the Arbitration Court of the 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, there was a need to provide advice to clients on various types of issues: purchase and sale of real estate, inheritance law, registration and re-registration of rights to real estate, division of property, protection of their housing rights, rental and rental 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 unfamiliar with the intricacies of legal issues the provisions of the current legislation, their rights, and possible ways to solve their problems.

A special role in the work of legal advisers of IP Klimanova S.N. 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, samples of documents, articles in specialized journals and other information. During the practice, I improved my skills in working with electronic legal systems and learned to effectively use available resources.

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

Conclusion

Industrial practice is an important element of the educational process for preparing a specialist in the field of jurisprudence.

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

The main objectives of industrial practice are:

— gaining practical experience as a legal consultant.

— improving the quality of professional training.

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

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

— testing students’ ability to use legislation.

I mastered some of the subtleties of applying the norms of Russian law in practice, understood how some laws and by-laws work, which were incomprehensible to me, and realized their significance in practical activities.

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

Bibliography

    1. Constitution of the Russian Federation. Adopted by popular vote on December 12, 1993 // Russian newspaper. – 1993. – December 25
    2. Labor Code of the Russian Federation dated 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) // SPS “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 January 26, 1996 N 14-FZ (as amended on February 7, 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 dated 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. Desk book individual entrepreneur. – M.: GrossMedia (ROSBUKH), 2011. – 328 p.

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Lawyer practice report

During the training 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 year. In accordance with the name, its purpose is to familiarize the student with the basic principles and standards of the profession.
  • Industrial practice usually takes place in the middle of training (3-4 years) and allows the student to get involved in the activities of the enterprise and apply the acquired theoretical knowledge.
  • Pre-diploma practice takes place immediately before passing the state exam. The information obtained during the course is used to write a thesis project.

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Contents of the lawyer's internship report

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  • 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, regulations, standards and other information. After this, you should move on to the section about your activities.
  • The conclusion tells in short form about the results of the work performed and the conclusions drawn.
  • List of literature and documentation.
  • Applications (if necessary).

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Preparation of a report on legal practice

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