Principles No 67 / 1974 Coll.
Principles establishing the organisation, status and tasks of legal services in state economic and certain other socialist organisations managed by ministries and other central government bodies of the Slovak Socialist Republic and national committees, approved by Resolution 175 of 12 June 1974 of the Government of the Slovak Socialist Republic
Valid
67
PRINCIPLES,
determining the organisation, status and tasks of the legal services of the State Economic and certain other socialist organisations managed by ministries and other central bodies of the State Administration of the Slovak Socialist Republic and the National Committees, approved by Resolution 175 of the Government of the Slovak Socialist Republic of 12 June 1974
The authorities managing State economic organisations and certain other socialist 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 organisations (1) managed by ministries and other central authorities of the Slovak Socialist Republic (national enterprises and other organisations, branch and general directorates-general), in economic organisations managed by national committees, 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 less scope of the legal agenda may ensure that this activity is carried out in other appropriate forms.
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 degrees of higher education may perform the function of head of a legal unit or other lawyer in that unit. A staff member who does not have such an education may perform this function only if he has held it at the time of issuing 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 on any decision or measure which may have more serious legal implications for the Organisation is requested in due time 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) represent organisations in matters of law, in particular before economic arbitrage authorities, courts and other state bodies, as well as the arbitration bodies, prepare appropriate submissions for the proceedings before them and assess the legal possibilities of a friendly solution to the contradictions arising before their arbitration or judicial proceedings;
(c) provide legal advice on matters relating to the organisation's activities, consultation and information on legislation, arbitration and judicial decisions and other legally important acts to subordinate establishments in which a legal service is not established, as well as other bodies of the organisation;
(d) participate in the preparation and discussion of draft rules of organisation and other in-house measures (orders from the Director, directives, 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 matters of major importance, in particular on proposals for the exercise of substantive liability, 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, where appropriate, training and seminars on legal issues affecting their activities for the heads of departments and other staff.
A more detailed definition of the tasks of the legal department shall be laid down in the organisational order of the organisation, which also regulates the relations of the legal department of the organisation with the legal services providing the legal agenda in its organisational components (plants).
IV
Tasks of the legal services of the superior body
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; in addition:
(a) manage methodically the legal services of subordinate organisations, in particular by providing consultations on 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 relevant legal measures;
(b) in cases provided for in the Statute for Trust of Enterprises or by similar arrangements, participate in the preliminary discussion of conflicts between subordinate organisations.
A more detailed definition of the relationship between the legal services of the Directorate-General (branch) and similar management bodies with the legal services of the subordinate organisations shall be governed by the Statute and, where appropriate, by other similar arrangements.
11. The legal services of ministries and other central bodies shall be methodically managed and supervised by the legal services of organisations managed by them, as a rule through the legal services of the Directorate-General (branch) and similar management bodies; in relation to regional agricultural administrations, the methodological management is carried out similarly by the legal department of the Ministry of Agriculture and Nutrition of the Slovak Socialist Republic. Methodological management in relation to organisations managed by the National Committees is provided by the competent departments of the Slovak Socialist Republic through the Regional National Committees (National Committee of the Slovak Socialist Republic). The coordination of methodological management is carried out by the State Arbitration of the Slovak Socialist Republic; In doing so, in cooperation with the participating ministries and other central authorities of the Slovak Socialist Republic. In relation to organisations managed by national committees, the Regional National Committees shall proceed in the provision of methodological management in close cooperation with the Regional 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 organisation shall provide the legal department with reliable documentation and information from the branch of their activities and, where necessary, their personnel shall participate 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. Leaders of organisations shall be obliged to establish all personnel and material conditions for the proper performance of their tasks and to ensure, in the framework of the applicable rules, a salary assessment of the staff of the legal departments, corresponding to the new tasks and status of those departments.
Dr Colotka v. r.
1) In budgetary and contribution organisations, senior bodies shall, where justified, proceed mutatis mutandis in accordance with these principles.
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Regulation Information
| Citation | Principles No 67 / 1974 Coll., which determine the organisation, status and tasks of legal services in state economic and certain other socialist organisations managed by ministries and other central authorities of the Slovak Socialist Republic and national committees, approved by Resolution 175 of 12 June 1974 of the Government of the Slovak Socialist Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.07.1974 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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