Legal Department
The Legal Service is a separate structural unit of the International Academy of Ecology and Medicine (hereinafter referred to as the Academy) and is created in accordance with the General Regulations on the Legal Service of the Ministry, other executive power bodies, state enterprise, institution, and organization, approved by the Cabinet of Ministers of Ukraine resolution of 26 No. 1040 of November 2008 (as amended on October 1, 2016).
This Regulation regulates issues of activity and defines the main tasks, functions, principles of management and organization of work of the legal service, relations with other structural divisions of the Academy.
The legal service is managed in its activities by:
- the Constitution of Ukraine;
- laws of Ukraine, decrees of the President of Ukraine, and resolutions of the Cabinet of Ministers of Ukraine adopted in accordance with the Constitution and laws of Ukraine, international treaties of Ukraine, other normative legal acts, as well as orders and orders of the Ministry of Education and Science of Ukraine;
- by orders of the rector of the Academy;
- the Statute of the Academy;
- Collective agreement and these Regulations.
In matters of organization and conduct of legal work, the legal service is managed by:
recommendations of the Ministry of Justice of Ukraine and the Ministry of Education and Science of Ukraine.
The legal service reports directly to the rector of the Academy and the vice-rector for organizational and legal issues.
MAIN TASKS AND FUNCTIONS OF THE LEGAL SERVICE OF THE ACADEMY
The main tasks of the legal service are:
- The organization of legal work at the Academy is aimed at the correct application, strict compliance, and prevention of violation of the requirements of legislation and other regulatory documents by employees during the performance of tasks and functional duties assigned to them;
- Implementation of methodical management of legal work at the Academy, analysis of the state of this work;
- Legal protection of the interests of the Academy in court bodies, as well as in other bodies of state power and local self-government.
Legal service in accordance with the tasks assigned to it:
- Provides the necessary information about the current legislation, as well as the organization of work on familiarizing the rectorate and the heads of the Academy’s structural divisions with the normative acts that concern their activities;
- Together with the relevant structural divisions, he participates in the preparation and conclusion of business contracts with individuals and legal entities, and gives a legal assessment of their projects;
- On the instructions of the management, he participates in the preparation of orders and other acts of the Academy regulating the relations of structural subdivisions, and their property responsibility;
- Monitors compliance with the legislation of the acts adopted by the heads of structural units of the Academy and, if necessary, reports to the head of the Academy to take measures to change or cancel them;
- Ensures accounting and storage of texts of legislative and other normative acts, as well as acts of a normative nature issued by the Academy, maintains them in a control state with the help of the legal framework “League-Law”;
- Provides legal assistance in the process of creation, development, and implementation of scientific and technical developments, and the latest technologies;
- Organizes claims and conducts lawsuit work;
- Represents the interests of the Academy in courts and other bodies during consideration of legal issues and disputes in accordance with the procedure established by law;
- Gives a legal assessment of claims presented to the Academy or by the Academy in connection with the violation of his rights and legitimate interests;
- Analyzes the consequences of consideration of claims, lawsuits, and court cases, the practice of conclusion and execution of agreements (contracts);
- Makes suggestions to the rector of the Academy regarding the improvement of the legal support of activities;
- Contributes to the observance of legality in the implementation of the rights of the labor team during the resolution of industrial and social issues; participates in the preparation and conclusion of a collective agreement, advises the elected bodies of the labor collective on legislative issues related to their powers;
- Ensures the correct application of labor, housing, pension, and other legislation and makes suggestions to the rector of the Academy about violations of the law;
- Facilitates the timely implementation of measures based on the submissions of the prosecutor’s office, separate court decisions, decisions, resolutions, decisions of the commercial court, and relevant documents of other law enforcement and control bodies;
- Organizes and conducts work related to increasing the level of legal knowledge of Academy employees, informs about the legislation, and explains the existing practice of its application.
- Provides advice on legal issues;
- On behalf of the leadership of the Academy, it examines materials on compensation at the expense of the guilty persons for material damage, which is prepared by the relevant units based on the economic and legal analysis of accounting data and statistical reporting, other documents of the financial and economic activity of the enterprise and material inspections carried out by law enforcement and control bodies.
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