Principles No 58 / 1974 Coll.
Principles establishing the organisation, position and tasks of legal services in state economic organisations and certain other organisations governed by the central authorities of the Czech Socialist Republic and national committees, approved by the Resolution of the Government of the Czech Socialist Republic of 22 May 1974 No 128
Valid
58
PRINCIPLES,
determining the organisation, position and tasks of the legal services in the state economic organisations and certain other organisations managed by the central authorities of the Czech Socialist Republic and the national committees, approved by the Resolution of the Government of the Czech Socialist Republic of 22 May 1974 No 128
The authorities managing State economic organisations and certain other organisations, as well as the heads of all these organisations, shall be required to ensure the conditions for the proper functioning of their legal departments according to the following principles:
I
Basic provisions
1. In state economic organisations1) managed by ministries and other central bodies of the Czech Socialist Republic (national enterprises and other organisations, branch and general directorates-general), in economic organisations managed by national committees and, where appropriate, in the organisational components (s) of all these organisations, as well as in regional and regional agricultural administrations (hereinafter referred to as "organisations"), the legal agenda shall be provided by their legal departments.
2. According to the scope of the tasks and in accordance with the organisation's organisation, the legal agenda shall be provided by the legal departments or legal departments or, where appropriate, the corporate lawyer. An organisation with a smaller scope of the legal agenda may ensure that this activity is carried out in other appropriate forms, such as by taking a lawyer into a secondary employment relationship or with the assistance of a legal advisory office, etc.
3. Where the term "Legal Service 'is used in these principles, the term" Legal Service' shall mean the Legal Department, Legal Department and Company Lawyer, and under the term "Head of Legal Service 'shall mean a Business Lawyer.
II
Organisation and status of legal services of organisations
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 only perform this function if he has held it at the time of the issue 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 in legal matters.
7. The Head of Organisation shall ensure that an opinion of the Legal Service is requested in due time on any decision or measure which may have more serious legal consequences for the Organisation and, if necessary, invite the Head of Legal Service to act in this context.
8. The head of the legal department shall draw the attention of the head of the organisation to any major breach of the legal order in the activities of the organisation which he has identified in his work and propose measures to remedy the illegal situation.
III
Tasks of the legal services of organisations
9. In particular, the legal services of organisations shall 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) act under the authority of the organisation on legal matters before the authorities of economic arbitrage, courts and other State bodies, as well as the arbitration bodies, and prepare appropriate submissions for the proceedings before them and assess the possibilities of amicable settlement of disagreements before their arbitration or judicial proceedings;
(c) provide legal advice, consultation and information on legislation, arbitration and judicial decisions and other legally relevant acts to subordinate establishments in which a legal service is not established, as well as other bodies of the organisation, in matters relating to the activities of the organisation;
(d) participate in the preparation and discussion of draft rules of organisation and other in-house measures (orders from the Director, etc.), in the 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 labour law issues of a fundamental nature, in particular on proposals for the exercise of material responsibility, for the imposition of disciplinary measures, for compensation for accidents at work and occupational diseases and for the termination of employment by immediate cancellation; they shall also deliver an opinion on proposals for the submission of criminal notifications,
(f) carry out, or provide for, the heads of departments 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 service shall be laid down by the organisational order of the organisation, which shall also regulate the relations of the legal service of the organisation with the legal services implementing the legal agenda in its organisational components (plants).
IV
Tasks of the legal services of the superior bodies
10. The legal services of the general and sectoral directorates-general and similar management bodies shall carry out the tasks referred to in point 9 mutatis mutandis; in addition:
(a) manage methodically the legal services of subordinate organisations, in particular by providing consultations in the handling of complex legal matters, by organising regular exchanges of experience of lawyers of subordinate organisations, by calling meetings and by organising instructions and seminars on new or prepared regulations and other significant legal measures;
(b) in cases provided for in the Statute for Trust of Enterprises or by similar arrangements, it shall participate in the preliminary discussion of discrepancies between subordinate organisations.
A more detailed definition of the relations of the legal department of the Directorate-General (branch) and similar management bodies with the legal departments of the subordinate organisations shall be laid down in the statute or other similar arrangements.
11. The legal services of senior ministries and other central bodies shall be methodically managed and supervised by the legal services of organisations managed by them, as a general rule through the legal services of general and branch directorates or similar management bodies; in relation to regional agricultural administrations, the methodological management is carried out by the legal department of the Ministry of Agriculture and Nutrition of the Czech Republic. Methodological management in relation to organisations managed by national committees is provided by the competent departments of the ministries of the Czech Socialist Republic by means of regional national committees (National Committee of the City of Prague). In order to ensure these tasks, both central authorities and regional national committees need to gradually develop the necessary organisational and cadre assumptions. The coordination of methodological management is carried out by the State Arbitration of the Czech Socialist Republic; In doing so, he works in cooperation with participating ministries and other central authorities of the Czech Socialist Republic.
In relation to organisations managed by the national committees, the Regional National Committees shall proceed in ensuring methodological management in close cooperation with the regional authorities of the State Arbitration.
V
Common provisions
12. In order to ensure the proper performance of the tasks of the legal services, the other services of the organisations shall provide the legal department with reliable documentation and information from the sections of their activities and, where necessary, participate in their staff in the preparation and discussion of legal matters.
13. Only legal tasks within these principles and activities of the organisation may be imposed on the legal department.
14. The head of the organisation shall be obliged to establish all personnel and material conditions for the proper performance of its tasks and to ensure, in the framework of the applicable rules, a salary evaluation of the staff of the legal services corresponding to the new tasks and status of those departments.
Doc. Dr. Adamec, CSc. v. r.
(1) In budgetary and contribution organisations, the superior bodies shall, where justified in accordance with these principles, proceed mutatis mutandis.
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Regulation Information
| Citation | Principles No. 58 / 1974 Coll., establishing the organisation, position and tasks of legal services in state economic organisations and certain other organisations managed by central authorities of the Czech Socialist Republic and national committees, approved by the Resolution of the Government of the Czech Socialist Republic of 22 May 1974 No 128 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.06.1974 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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