Principles No 117 / 1973 Coll.
Principles establishing the organisation, status and tasks of legal services in State Economic Organisations and Foreign Trade Organisations, approved by Resolution of the Government of the Czechoslovak Socialist Republic of 27 September 1973 No 284
Valid
117
PRINCIPLES,
determining the organisation, position and tasks of the legal services in the State Economic Organisations and Foreign Trade Organisations, approved by the Government of the Czechoslovak Socialist Republic of 27 September 1973 No 284
The authorities managing the State Economic and Foreign Trade Organisation and the heads of all these organisations shall be required to ensure the conditions for the proper functioning of the legal services under the following principles:
I
Basic provisions
1. In state economic organisations managed by federal ministries or other federal central bodies (national enterprises, branch companies, branch and general directorates-general), in their organisational components (factories) and in foreign trade organisations, they provide a legal agenda for their legal services.
2. According to the scope of the tasks and in accordance with the organisational structure, the organisation shall provide a legal agenda for the legal trade unions or legal departments with the necessary number of lawyers and in organisations with less scope for the business lawyer.
3. Where the term "Legal Service 'is used in these principles, this shall be understood to mean the Legal Department, Legal Department and Business Lawyer, and, under the heading" Head of Legal Service', also the Company Lawyer.
II
Organisation and status of legal services in enterprises
4. The Legal Department and the Legal Department shall consist of its managers, other lawyers and administrative staff.
5. Only those who have full legal higher education may perform the function of Head of Legal Service and of another lawyer in this branch. A staff member who does not have such an education may perform this function only if he has held it before the date of approval of these principles and if he has the necessary legal experience and knowledge obtained through multiannual practice.
6. The head of the legal department shall be the expert advisor to the head of the organisation or, where appropriate, the head of the establishment in legal matters.
7. The head of the organisation or, where applicable, the establishment shall ensure that an opinion of the legal department is always sought on any decision or measure which may have more serious legal consequences for the organisation and, if necessary, invite the head of the legal department to act in this context.
8. The head of the legal department shall draw the attention of the head of the organisation (s) to any major breach of the legal order in the activity of the organisation (s) which he has identified in his work and propose measures to remedy the illegal situation.
III
Tasks of legal services in enterprises
9. Legal services in state economic organisations and foreign trade organisations shall, in particular, carry out the following tasks:
(a) monitor the safeguarding of socialist legality in the activities of organisations with a focus on legal prevention and use legal means to ensure the protection of social and legal interests of organisations;
(b) represent the organisation on legal matters before, and prepare appropriate submissions for, economic arbitration bodies, courts and other state bodies, as well as the arbitration bodies;
(c) provide legal advice, consultation and information on legislation, arbitration and judicial decisions and other legally significant acts to subordinate establishments in which a legal service is not established, as well as organisational bodies of the organisation;
(d) participate in the preparation and discussion of draft organisational and other standards developed in the organisation, preparation of important contracts and other legally relevant documents and are responsible for the compliance of such documents with generally binding legislation;
(e) deliver an opinion on proposals for the exercise of material responsibility towards the staff of the organisation, on proposals for the imposition of disciplinary action, on proposals for the termination of employment by immediate cancellation, on proposals for the submission of criminal notifications, as well as on other labour issues of a fundamental nature;
(f) carry out and, where appropriate, provide for the management and other staff of the organisation of instruction and seminars on legal issues affecting their activities.
A more detailed definition of the tasks of the legal department shall be laid down in an organisational order which shall also lay down the relations of the legal department of the organisation with the legal services providing the legal agenda in their organisational components (plants).
IV
Tasks of the legal services of the superior bodies
10. The legal services of the Directorates-General and Trade-Directorate-General shall carry out the tasks referred to in point 9 accordingly. In addition, legal services:
(a) manage by methodology the legal services in subordinate organisations, in particular by providing consultations on complex legal matters, by organising regular exchanges of experience of lawyers in subordinate organisations, by calling meetings and by organising seminars on new or prepared regulations and other significant legal measures;
(b) in cases provided for in the Statute of Trust Firm (1), it shall participate in the preliminary discussion of discrepancies between subordinate organisations. A more detailed definition of the relationship of the legal department of the Trust Directorate-General (branch) to the legal services of subordinate organisations shall be laid down in the trust status.
11. The legal services of senior ministries are methodically managed and supervised by the legal departments in state economic organisations, usually through the legal departments of the General Trust Directorate (branch). The coordination of this methodological management is carried out with regard to the authorities of the Czechoslovak Socialist Republic, the State Arbitration of the Czechoslovak Socialist Republic; cooperate with participating ministries and other central authorities.
V
Common provisions
12. In order to ensure the proper performance of the tasks of the legal services of the organisation, the organisation services shall provide the legal department with reliable documentation and information from the branch of their activities and, where necessary, participate in their personnel in the preparation and discussion of legal matters.
13. Only legal tasks may be imposed on the legal department.
14. Leaders of organisations (plants) are obliged to ensure that the legal department is equipped with the necessary technical assistance.
1) § 8 (h) of Vl. nařízení No 132 / 1965 Sb.
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Regulation Information
| Citation | Principles No. 117 / 1973 Coll., determining the organisation, position and tasks of legal services in state economic organisations and foreign trade organisations, approved by the Resolution of the Government of the Czechoslovak Socialist Republic of 27 September 1973 No 284 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.10.1973 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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