ОРГАНІЗАЦІЙНО-ПРАВОВІ АСПЕКТИ ФУНКЦІОНУВАННЯ ЮРИДИЧНОЇ СЛУЖБИ ГОСПОДАРСЬКОГО ПІДПРИЄМСТВА

Abstract

To identify legal models of specific features of the activity of the legal service as a component of economic activity. Propose effective mechanisms for improving the efficiency of the legal service of business entities. To propose copyright models of legal service functioning. Methods: The study was conducted using classical methods of scientific knowledge. Using the method of analysis, the system elements of the legal service are revealed. The synthesis method examines options for building the activity of the legal service. Results: According to the results of the research, the types of management of activity of the legal service by branches of functioning were determined. The components of activity of legal service at the enterprise are identified and disclosed.

Legal support for business organizations is now practically implemented in various ways, but there are two traditional ones.

The first involves the involvement of specialized organizations for these purposes - law firms, law agencies and bureaus, consulting firms and the like. This option is often referred to as an "outsourcing scheme" (external source, resource). It involves the conclusion of two types of agreements:

Ру contracts for the provision of specific one-off legal (legal) services, such as representation in court, support for certain projects of a commercial organization (large business contracts, merger and acquisition agreements, so-called M&A agreements, etc.); a contract for subscriber legal services, in which a law firm comprehensively resolves all legal issues arising in a commercial organization, including the ongoing legal support of its activities.

In its pure form, this option does not imply the presence of so-called internal, or corporate, lawyers in the state. As a rule, they are still present, but their number is very small, and their main function is to seek outside consultants, interact with them in the process of servicing, coordinating their activities and control.

The second way is to create a special structural unit within the organization - a legal service, which actually solves the same tasks as the hired lawyers in the first case, while being in the structure of the organization in the system of relevant labor relations. In this case, the organization does not use the services of specialized legal organizations.

It should be noted that each option has its advantages and disadvantages.

The advantage of the former is that law firms tend to have a narrower specialization (eg tax, antitrust, securities law, etc.), resulting in more qualifications and work experience specialization. Therefore, in their field, they are able to quickly and qualifiedly resolve legal situations, including non-standard ones that may occur in enterprises. In addition, external lawyers are independent of the client and his employees, so they can offer thoughtful, non-affiliated options for solving certain issues.

Also, this option does not require the company to retain its own staff of lawyers and to incur related costs, such as the allocation of premises, office equipment, the acquisition of literature, the provision of electronic legal systems, professional training and more. Law firms independently provide these aspects of activities to their employees.