in the period from "____" ________ 201 to "______" _________ 201
at the Northwestern Institute Russian Academy National economy And Public Service under the President Russian Federation
Faculty of Law
Department of Criminal Law
Performed: ____________
Master student of the 1st course, 1752 groups, full-time education, direction 40.04.01 "Jurisprudence", master's program "Criminal law, criminology, penitentiary law")
"___" _____ 201 (signature) ____________
Practice leader: Shepeleva Svetlana Vitalievna
Candidate legal sciences, assistant professor
"___" _____ 201 (signature) Shepeleva S.V.
Head of the master's program: Spitsnadel Vladimir Borisovich
Doctor of Law, Professor
"___" ______ 201 Spitsnadel V.B.
(signature)
Saint Petersburg
INTRODUCTION …………….……………………………………………………….. 3
MAIN PART …………………………………………………...……. 19
CONCLUSION ………………………………………………………………. 21
LIST OF USED LITERATURE …………………….… 23
Application No. 1 INDIVIDUAL PLAN OF SCIENTIFIC AND PEDAGOGICAL PRACTICE…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….
Application No. 2 DIARY OF SCIENTIFIC AND PEDAGOGICAL PRACTICE …………………………………….….. 26
Application No. 3 INDIVIDUAL TASK FOR SCIENTIFIC AND PEDAGOGICAL PRACTICE ………………….……….. 28
Application No. 4 LECTURE LESSON ANALYSIS SCHEME ... .. 29
Application No. 5 PLAN - LECTURE LESSON SUMMARY ... 32
Appendix No. 6 REVIEW OF THE LESSON WITH STUDENTS IN SCIENTIFIC AND PEDAGOGICAL PRACTICE ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
Application No. 7 SCHEME OF THE ANALYSIS OF THE SEMINAR LESSON... 57
Application No. 8 PLAN - SUMMARY OF THE SEMINAR LESSON, INCLUDING SITUATIONAL AND TEST TASKS …………...… 59
CHARACTERISTICS ………………………………………………….………70
Report on the passage of scientific - teaching practice
This report has been compiled in accordance with the submitted individual plan of scientific and pedagogical practice and individual task for practice.
INTRODUCTION
aim scientific and pedagogical practice is the acquisition of skills and abilities of conducting educational, educational and methodological activities, as well as the skills of organizing and performing scientific and research work as part of a master's degree. The skills gained during the NPP will be used when writing master's thesis.
Location of the NPP- Department of Criminal Law of the Faculty of Law of the North-Western Institute of the RANEPA under the President of the Russian Federation.
Practice dates: ____ - _____201__
The fulfillment of the NPP tasks included the following sections:
Ê educational and methodical work:
1. I analyzed the State Educational Standard of the Higher Vocational Education(GOS VPO) directions 40.04.01 "Jurisprudence". The standard was approved by the Order of the Ministry of Education and Science of the Russian Federation dated December 14, 2010 No. 1763.
2. An analysis of the educational lecture by the leading teacher of the Department of Criminal Law - candidate of legal sciences, associate professor Shepeleva S.V. (Appendix No. 4)
Ê academic work:
- I attended the lecture of the leading teacher of the Department of Criminal Law Ph.D. in Law, Associate Professor Shepeleva S.V. on the topic: "Evidence and proof in criminal proceedings." The lecture was attended by 4th year students of the Faculty of Law as part of the course of lectures "Criminal Procedural Law" (09.02, 12:10-15:20, room 106). Also, together with the 4th year students, she attended lectures by teachers of the Department of Criminal Law such as Epifanov B.V. within the discipline: "Problems of qualifications of crimes in the sphere of economic activity" (08.02, 12:10-15:20, room 111), as well as Art. teacher Dronova T.N. within academic discipline: "Crime in the system of state and municipal service" (14.02. 8:30-11:40, room 106) A review of the lecture by the leading teacher of the department is presented in Appendix No. 4.
- I attended the lecture of the leading teacher of the Department of Criminal Law Ph.D. in Law, Associate Professor Shepeleva S.V. "Measures of criminal procedural coercion". The lecture was attended by 4th year students of the Faculty of International Relations as part of the course of lectures "Criminal Procedural Law" (13.02, 12:10-15:20, room 204).
- I prepared a lecture on the discipline "Criminal Procedural Law" on the topic: "The activities of the prosecutor at the pre-trial stages of the criminal process." The lecture was prepared for 4th year students of the Faculty of Law. The main theses of the lecture are presented in Appendix No. 5. With the use of lecture materials, as well as scientific literature on the topic of the master's thesis, Research Article titled: "On the question of the activities of the prosecutor at the pre-trial stages of the criminal process." The article is designed in accordance with the necessary requirements; and in accordance with GOST R 7.0.5-2008.
- I attended a practical lesson of the leading teacher of the Department of Criminal Law PhD in Law, Associate Professor Shepeleva S.V. "Procedure for the production of investigative actions." The class was attended by students from 210 Center for accelerated training in the discipline "Criminal Procedural Law" (20.02, 09:00-12:10, room 305). A review of the teacher's practical lesson is presented in Appendix No. 7.
- I prepared a seminar for 4th year students of the Faculty of International Relations, specialty "Customs" on the topic: "Initiation of a criminal case" (22.02, 12:10-15:20, room 208). The plan is a summary of the course of the practical lesson, as well as situational tasks and test tasks presented in Appendix No. 8.
MAIN PART
Ø Analysis of psychological and pedagogical literature on the topic established by the head of the NCE - “ Actual problems participation of the prosecutor at the pre-trial stages of the criminal process. During the period of practice, I analyzed the following tutorials:
Smirnov, A. V . Criminal procedure: a textbook for universities / A. V. Smirnov, K.B. Kalinovsky; under total ed. A. V. Smirnova. - M.: KNORUS, 2007. - 691c.
Bezlepkin, B. T. A lawyer's guide to criminal proceedings / B. T. Bezlepkin. - M.: Prospekt, 2007. - 687 p.
Criminal procedure: lecture notes, materials for seminars, situations and tests: educational method. allowance / T. G. Nikolaeva [and others]; ed. V. I. Rokhlin. - St. Petersburg: Business Press, 2004. - 247 p.
Danilov, E. P. A lawyer's guide: consultations, defense in court, sample documents / E. P. Danilov. - M.: Yurayt, 2007. - 690 p.
Danilov, E.P. Handbook of a lawyer in criminal cases: practical. allowance / E. P. Danilov. - M.: Yurayt, 2007. - 708 p.
Comparative analysis the content of the textbooks was made orally during a conversation with the head of the NPP Shepeleva S.V. at the Department of Criminal Law.
Ø Description of practical tasks in the process of passing the NPP: in accordance with the plan of the NPP, approved by the Department of Criminal Law, I had to do the following:
ü Prepare lecture material on the topic: "The activities of the prosecutor at the pre-trial stages of the criminal process." The choice of this topic is due to its relevance in our time. Since this topic is within the scope of my scientific interests and to some extent should be reflected in the master's thesis, in addition to the already collected material on this topic, I analyzed the available information on this issue.
Ø Description of the organization individual work: before the start of the practice, together with the supervisor, I compiled an individual practice plan, which is attached to the report (Appendix No. 1).
Ø The results of the analysis of the classes conducted by teachers and other undergraduates: the report is accompanied by an analysis of the lecture and seminar classes by Ph.D. in Law, Associate Professor Shepeleva S.V. (Appendix No. 4, Appendix No. 7).
CONCLUSION
- Description of the skills and abilities acquired in practice.
During my practice, I learned a large number of sources of literature necessary for me to write a master's thesis. The analysis of textbooks on criminal procedure currently used in Russian universities was also useful.
Analysis of GOS VPO direction 40.04.01 "Jurisprudence" is of practical importance for me. This is important knowledge for every undergraduate, as it gives a complete picture of the master's programs, the importance of obtaining the degree of "Master of Law". This document has a clear description of the structure of the program, the scope of acquired knowledge, and professional skills.
Preparing a lecture for 4th year students of the Faculty of Law allowed me to study in more detail the activities of the prosecutor at the pre-trial stages of the criminal process. It is necessary and useful for writing a dissertation. Attending a teacher's lecture, of course, gave me the practical experience necessary for conducting a lecture, analyzing lecture material.
Preparing and conducting a practical lesson for 4th year students of the Faculty of International Relations of the specialty "Customs" allowed me to deepen my knowledge not only on the topic of the seminar, but also to instill pedagogical skills.
- Proposals for improving the organization of educational, methodological and educational work.
Offering something specific is not easy. But it is quite appropriate to note that I remain satisfied with the work of the department with undergraduates. The Department of Criminal Law gives great opportunities to its students and is always ready for cooperation.
- Individual conclusions about the practical significance of the conducted scientific and pedagogical research.
During the practice, the experience gained is very important for my research work. Having studied the GOS VPO standard in the direction 40.04.01 “Jurisprudence”, I began to understand much better the program I study, the quality of the knowledge I receive, and the importance of a master's degree in law. I had the opportunity to attend the lectures of the leading teachers of the department, to follow how the teacher presents the topic of the lecture, how he holds and holds the attention and interest of students.
LIST OF USED LITERATURE
- Bezlepkin, B. T. Russian criminal procedure: tutorial/ B. T. Bezlepkin. - M.: KNORUS, 2006. - 487 p.
- Bessarabov, V. G. European standards for ensuring the rights and freedoms of man and citizen in the Russian criminal process / V. G. Bessarabov, E. V. Bykova, L. A. Kurochkina. - M.: Yurlitinform, 2005. - 229 p.
- Gavrilov, B. On the issue of provocation of crimes (taking into account the decisions of the European Court of Human Rights) / B. K. Gavrilov, S. Bozhenok // Russian Justice. 2006. no. 5. S. 44-50.
- Danshina, L. I. Initiation of a criminal case and preliminary investigation in the criminal process of Russia: a study guide / L. I. Danshina. - M.: Exam, 2003. S. 20-28.
- Kozubenko, Yu. V. Criminal prosecution: the experience of a comprehensive study / Yu. V. Kozubenko. - St. Petersburg: R. Aslanov Publishing House “Jurid. Center Press”, 2006, pp. 74-129.
- Korotkov, A. P. Prosecutorial and investigative practice of application of the Code of Criminal Procedure of the Russian Federation: commentary / A.P. Korotkov, A.V. Timofeev. - M.: EXAM, 2006. S. 300-323.
- Kudryavtseva, E. P. Judicial practice in criminal cases / E.P. Kudryavtseva, O. V. Naumenko, S. A. Razumov; under total ed. V. M. Lebedev. - M.: Yurid. programs, 2005, pp. 235-240.
- Scientific and practical commentary to the Code of Criminal Procedure of the Russian Federation / V.K. Bobrov [and others]; under total ed. V. M. Lebedev; scientific ed. V. P. Bozhev. - M.: Yurayt, 2007. S. 441-448.
- Nekrasov, S. V. Legal issues of initiating a criminal case and preliminary investigation: textbook.-method. allowance / S. V. Nekrasov, T. P. Kesareeva. - M.: Yurlitinform, 2006. S. 4-9.
- Smirnov, A. V. Criminal procedure: a textbook for universities / A. V. Smirnov, K. B. Kalinovsky; under total ed. A. V. Smirnova. - M.: KNORUS, 2007. S. 308-335.
- Criminal procedure law of the Russian Federation: textbook / LN Bashkatov [and others]; resp. ed. I. L. Petrukhin. - M.: Prospekt, 2007. S. 316-326.
- Code of Criminal Procedure of the Russian Federation dated December 18, 2001 No. 174-FZ (from latest changes and additions). - M., 2008. Art. 140-149.
INDIVIDUAL PLAN
SCIENTIFIC AND PEDAGOGICAL PRACTICE
Master student of the 1st course, 1752 groups, full-time education, direction 030900.68 "Jurisprudence", master's program: "Criminal law, criminology, penitentiary law"
FULL NAME.: ______________________________________________
Head of practice, full name Shepeleva Svetlana Vitalievna _____________________
1. Terms of internship: 08.02 – 01.03.2012
2. Place of passage: Department of Criminal Law of the North-Western Institute of Management, RANEPA under the President of the Russian Federation
3. Plan of scientific and pedagogical practice:
| stage number | Event | Deadlines | Reporting form |
| Educational and methodical work | |||
| The study of the structure and content of the State Educational Standard of Higher Professional Education in the direction 030900 "Jurisprudence" | 08-10.02. 2012 | Analysis of GOS VPO | |
| Academic work | |||
| Preparation of a lecture on the topic: "The activities of the prosecutor at the pre-trial stages of the criminal process" for 4th year students of the Faculty of Law | 13-17.02. 2012 | Lecture text | |
| Conducting a seminar on the course "Criminal Procedural Law" on the topic: "Initiation of a criminal case" for 4th year students of the faculty International relationships, specialty "Customs". | 20-24.02. 2012 | Seminar plan, tasks, tests. | |
| Organizational and educational work | |||
| Participation in 2 seminars. Discussion with students on the topic: "Actual problems of the prosecutor's activities at the pre-trial stages of the criminal process." | 27-29.02. 2012 | Consultation. |
Undergraduate Signature _____________________________________________ ____________
Signature of the practice head _________________________________ S.V. Shepeleva
INSTITUTE OF ECONOMY AND ENTREPRENEURSHIP
(INEP)
FACULTY OF LAW
REPORT
about industrial practice
Moscow 2010
1) Introduction 3
2) General part 4
3) Conclusion 7
4) Applications 8
Introduction
In accordance with the curriculum, I did an internship in the legal department of the Proximum Law Firm Limited Liability Company from July 1, two thousand and ten to July 30, two thousand and ten.
I was hired for an internship on the staff of the society as an assistant legal adviser.
Together with the head of the practice, a plan for the internship was drawn up directly in the company, which I successfully completed.
During my internship, I:
Acquainted with the legislation of the Russian Federation, regulating the activities of the company.
I got acquainted with the constituent document - the Charter, approved by the founder of the company.
Familiarize yourself with the staffing table of the organization.
Familiarize yourself with the structure of the organization.
He got acquainted with the organization and content of the work of the company's personnel.
I got acquainted with the content of economic, organizational, managerial and planned work.
I got acquainted with the peculiarities of the work of the legal department: types of civil law contracts concluded on behalf of the company and their specifics.
Familiarize yourself with the work of a legal adviser.
Learned how to draft basic civil law contracts and constituent documents.
He checked the documents for their compliance with the requirements of civil law, and also identified and summarized the shortcomings of their form and content.
Learned how to effectively use the electronic legal systems Garant and Consultant Plus.
Delivered company documents to organizations and government agencies.
Participated in the negotiations of the parties to agree on the form and content of some civil law contracts.
Carried out other activities related to jurisprudence.
a common part
Limited Liability Company "Law Firm "Proximum" is located at the address: Moscow, Profsoyuznaya street, 93A, office 400 and is a commercial organization, whose activities are regulated by the legislation of the Russian Federation and the constituent documents of the company.
The main sources of legal regulation of the activities of the limited liability company "Law Firm "Proximum" are: the Constitution of the Russian Federation, the Civil Code of the Russian Federation and the federal law "On Limited Liability Companies".
Limited Liability Company "Law Firm "Proximum" carries out its activities on the basis of the charter approved by the founder represented by the General Director, who is the supreme sole body of the company. The key area of activity of the company is the provision of paid legal services; legal and related services in the field of assistance in the creation and liquidation of enterprises, their legal, accounting, information, technical support.
The purpose of the organization is to make a profit.
The staff of the company consists of 15 people, the main share of which is occupied by narrow-profile specialists.
While working in the legal department, I relied on the help of my supervisor, whose opinions and advice helped me to understand the essence of working in a commercial organization as a legal adviser.
The legal department of Proximum Law Firm Limited Liability Company has a good regulatory and legal framework, presented both in electronic form and in printed form.
A special role in the work of a modern legal department is occupied by an electronic legal database, which is frequently updated and allows you to quickly and accurately find the required regulations, sample documents, articles in specialized journals and other information. It is difficult to overestimate the importance of such a serious help in the work of any lawyer.
In the process of practice, I acquired the skills of working with the electronic legal systems "Consultant Plus" and "Garant", I learned how to effectively use the available resources. They helped me find answers to questions that arise in the course of my work, such as the search for sources of regulation of certain civil law relations.
During the practice, my immediate supervisor gave me various tasks. For example, I independently drafted a petition to adjourn a court session, prepared a general power of attorney from our company for a representative to various competent authorities, and also drafted and submitted applications to the Office of the Federal Service for State Registration, Cadastre and Cartography in Moscow to obtain an extract on the rights to an immovable property property to be brought to court.
During the internship, the head of the practice suggested that I draw up a contract for real estate appraisal, which was subsequently concluded by our customer with a real estate appraisal company. This agreement seemed very interesting to me because at present real estate valuation is often used in the execution of sale and purchase agreements, which in turn are an important element of civil relations, every practicing lawyer should be able to competently draw up, analyze the form and content of this type of agreements.
The basis for the emergence of relations between the participants in relations for real estate valuation is a contract. The contract between the appraiser and the customer is in writing, although it does not require notarization.
According to Art. 10 of the Law "On valuation activities in the Russian
Federation”, the agreement must contain:
Grounds for concluding a contract;
Type of object of assessment;
Type of determined value (values) of the appraisal object;
Monetary remuneration for the assessment of the object of assessment;
Information about appraiser's civil liability insurance.
The agreement must include information about the appraiser's license to carry out valuation activities, indicating the serial number and date of issue of this license, the authority that issued it, and the period for which this license was issued.
The appraisal agreement for both a single appraisal object and a number of appraisal objects must contain an exact indication of this appraisal object (objects of appraisal), as well as its (their) description.
An important condition ensuring the protection of the rights of consumers of appraisers' services is insurance of their professional (civil) liability. The appraiser is not entitled to engage in appraisal activities without concluding an insurance contract - the presence of an insurance policy in accordance with federal law is a prerequisite for obtaining a license to carry out appraisal activities. The sum insured in the event of an unfair valuation of property guarantees the customer, if he has suffered material damage for this reason, a certain monetary compensation.
The independence of the valuation is also ensured by the provisions of the federal law on preventing interference in the valuation of property by interested parties, including the customer, if this may adversely affect the reliability of the valuation results. Appraisers should not be founders, owners, shareholders or officials of this joint-stock company, or customers, or individuals with a property interest in the object of appraisal, or be closely related or related to such persons.
The amount of payment to the appraiser for the appraisal of the appraisal object cannot depend on the final value of the appraisal object.
Proper fulfillment of the appraisal contract is evidenced by the professional appraiser's report on the appraisal of the object transmitted to the customer.
An appraisal report is a written document that meets all the requirements of professional ethics, clearly and in an accessible way reflecting the course of the appraisal process and containing the initial data used by the appraiser, their analysis, conclusions and the final value. The appraisal report appendix contains all photographs, sketches, and maps not included in the main sections of the report. Sometimes the appendix includes a glossary of terms.
In the report, in addition to the limiting conditions, assumptions may be indicated - statements made by the appraiser during the assessment process based on his professional opinion, but not supported by actual data.
Basic requirements for the assessment report.
The appraisal report of the object of appraisal must be drawn up in writing and handed over to the customer in a timely manner. The report must not be ambiguous or misleading. If not market value is determined, but other types of value, the criteria for establishing the result of the appraisal and the reasons for the deviation from the possibility of determining the market value of the appraisal object should be indicated.
The report may also contain other information that, in the opinion of the appraiser, is very important for the completeness of the reflection of the method used by him to calculate the value of a particular object of appraisal.
The report is personally signed by the appraiser and certified with a seal.
If there is a dispute about the reliability of the value of the market or other value of the appraisal object, established in the report, this dispute is subject to consideration by the court. The court that accepted for consideration the case on the reliability of the final value of the appraisal object or in connection with the consideration of the case with a different subject matter of the claim, has the right to appoint an appraiser by its ruling to re-appraise the appraisal object in the manner established by the procedural legislation of the Russian Federation.
Conclusion
Internship is an important element educational process for the training of a specialist in the field of jurisprudence.
During its passage, the future lawyer applies the knowledge, skills and abilities acquired during the training process in practice.
The main objectives of the production practice are:
Gaining practical experience as a legal adviser.
Improving the quality of professional training.
Education of a specialist in the spirit of respect for the law.
Consolidation of acquired knowledge in general and special legal disciplines.
Testing students' ability to use the law.
The wide coverage of the branches of Russian law, which I had to deal with in practice, allowed me to assimilate the studied theoretical material obtained in the classroom at the institute.
I mastered the basics of applying the norms of Russian law in practice, I understood how some laws and by-laws that I did not understand work, I realized their significance in practice.
Unfortunately, I can note that a feature of the Russian legal system is the imperfection of the regulatory framework, and, as a result, frequent or systematic violations of the law, intentionally or out of ignorance, by the vast majority of participants in civil law transactions in the Russian Federation.
The practice helped me learn how to independently solve a certain range of tasks that arise in the course of the work of a company's legal adviser. In particular, I learned how to draw up certain types of civil law contracts, analyze their content and their form.
I realized that in practice the main part of the knowledge I received in the classes at the Institute would be in demand. I realized that in currently, the time of rapid updating of the legislative framework, one should not underestimate the importance of electronic information systems, such as the legal system "Garant" and "Consultant Plus".
Also, a great help in solving the tasks was provided by the global Internet, in which one can currently find a lot of useful information in the field of law, as well as, which is a means of business electronic correspondence.
APPS
Job description of a legal assistant No. 15 of 07/06/2010
Copy of the motion to set aside the case
A copy of the contract No. 1507-2010/03 for the assessment dated 07.2010
Practicing is a necessary element in educational program any educational institution
- college;
- technical school;
- university;
- institute.
The practice report allows you to assess the depth of knowledge gained by the student in the chosen specialty, his interest in the profession. The internship is a necessary element of consolidating the theoretical knowledge acquired in an educational institution. Moreover, the place of practice does not matter, because lawyers are needed everywhere, in any company:
- and in a limited liability company,
- and in a business firm
- in law enforcement agencies (in the Ministry of Internal Affairs, in the police (police);
- and even in the Presidential Administration.
An assistant is needed for lawyers and notaries.
The trainee can independently determine where he will have an internship, or seek help from a supervisor who will help to complete the internship
Let's look at the features of writing a practice report by law students - they have their own characteristics associated with the specifics of the work.
Lawyer practice report: writing features
The purpose of the practice is to learn how to apply the knowledge gained in an educational institution in practice, the ability to apply the law in the legal relations that have arisen. To achieve the goal, it is necessary to solve the following tasks:
- study the activities of the enterprise, the organization of the work of the legal department, consider the features of the state and municipal service;
- apply theoretical knowledge in the field of civil, labor, procedural law in practice;
- develop the qualities necessary for working as a legal adviser, learn how to manage people using persuasion;
- accept Active participation in the activities of the legal department: draw up statements of claim and responses to them, participate in court hearings, appeal decisions made, monitor the progress of execution;
- provide legal support for transactions;
- assist in the preparation of legal documents.
The base of practice for a law student is determined taking into account the specialization of the student. Students choose a place of practice also taking into account their prospects for employment in the profile of the chosen specialty.
But the practice of a future lawyer is always connected with the work of the legal department, the legal service or the independent work of a lawyer as a lawyer, notary
Practice allows you to acquire the necessary skills to work in a team, to get acquainted with the features of the work of a lawyer. Practice can be production (introductory) and pre-diploma.
The management of the practice at the enterprise can be carried out both directly by the head of the enterprise, and by the employee to whom he entrusts it.
According to an unspoken rule, the trainee must fulfill all the instructions of the head, observe discipline, and avoid organizational conflicts.
The employer has the right to establish part-time work for the trainee and a certain level of workload, to give his own instructions. But if a student misses at least one day of practice, it must be worked out.
Every lawyer must:
- be able to appeal the types of civil law contracts
- know the features of contractual work, including the conclusion of a contract for the provision of services, a contract of sale
- know the constitution
- be able to apply in practice the provisions of the Civil Code of the Russian Federation (CC RF), including distinguishing entity from the physical, guided by norms Labor Code RF, Tax, Administrative Codes
- know the basics of civil and arbitration processes
- know the conditions for applying the law "On the Protection of Consumer Rights"
- be able to use electronic legal resources, such as "Consultant Plus", "Garant".
When writing a report, it is better to rely on textbooks, scientific literature, printed periodicals or their analogues on the Internet (Yurist magazine), but the year of publication should not be older than 5 years.
The results of the internship are documented in a report and a diary, which is maintained by the trainee independently.
The total duration of the internship is determined by the educational institution, usually 4 weeks.
In the introduction the goal of the passage and the tasks that need to be solved to achieve it are indicated, the object and subject of the study are determined.
In the main part report is given a brief description of enterprises. The name and organizational and legal form (LLC, IE, preschool educational institution, State institution), surname, name, patronymic of the head, what constituent document defines his powers are indicated in full. Necessary:
- to uncover organization structure,
- determine the conditions for ensuring the activities of the company,
- describe the functions of the departments,
- give an analysis of the areas of work of the enterprise and its specifics, structure,
- indicate links between departments.
It is desirable to indicate the date of creation and achievement. From the point of view of psychology, a detailed study of the enterprise and everything connected with it can positively affect the opinion of the potential employer about the trainee.
In a special part the activities of the department in which the trainee directly worked in order to identify problems on the topic considered in the thesis in order to develop ways to solve them are considered.
In custody summarizes all the conclusions that the trainee made when writing the work, the experience gained, and also indicates the shortcomings in the work of the legal department and suggests ways to solve them.
It is desirable to provide the practice report to the head of the practice in advance.
Lawyer Practice Diary
The diary is the document on the basis of which the practical activity of the student (student) is evaluated. The industrial practice diary, together with the report and the characteristic, are the student's admission to the exams. The reliability of the completed tasks indicated in it is confirmed by the signature of the head of practice from the organization, therefore, it is necessary to treat its completion as in school - responsibly, so as not to redo it later. Downloading a ready-made diary on the Internet on student sites is not recommended - the requirements are educational institutions to the form and content of the diary in practice are different.
The diary must be filled out in the form approved educational institution. It must contain the signatures of the persons who sent the student to practice (from educational institution) and accepted (from the place of internship)
The practice diary may also contain individual tasks for the leader. The form of the diary can be downloaded from the website of the educational institution.
During the internship at the end of each working day, the trainee must fill out a diary of the internship, fixing the completed tasks in it. On the Internet you can download various additional material on the activities of the place of internship, which will be a definite plus for work. The practice report can also be used as the basis for a student's thesis.
The finished practice diary must be signed by the head of the practice from the place of its passage and stamped. A feature of the internship by students studying to be lawyers is the direction of their practical activities - it should be directly related to jurisprudence.
Reporting on the practice is submitted to the training department at the place of training.
An example of filling out a diary on the practice of a lawyer
|
COMPLETION OF TASKS UNDER THE PROGRAM |
COMPLETION MARK |
|
|
Induction training. Getting to know employees. Study of regulatory documents, local regulations of the organization Consideration of the activities of the legal department, the functional duties of a lawyer Study of the legal framework, consideration of legal documents regulating the activities of the organization Verification of contracts for compliance with their requirements of the Civil Code of the Russian Federation Analysis of employment contracts for compliance with current legislation Drawing up an order to amend the employment contract Drawing up a claim in accordance with the legislation of the Russian Federation, using information legal reference systems. Examination of information on the case on the recovery of penalties for late delivery Studying the procedure for organizing a personal reception of citizens, representatives of institutions, enterprises, organizations. Acceptance and registration of documents Preparation of an information letter to the IFTS about the change of address Drawing up a contract of sale Participation in the processing of submitted documents Consideration of documentation for procurement under Law No. 44-FZ Preparation of draft written responses to appeals Together with the economic department, preparation of a certificate of no debt to the counterparty Drafting a contract, sending it to the other party Assistance in the preparation of documents confirming the right of operational management of property, obtaining permits Participation in the preparation of a claim for violation of the terms of delivery of goods Participation in a court session Development of a job description for a specialist Writing a claim Consideration of issues related to the conclusion of an employment contract Collection of material for the report |
Report examples
Report on practice in court
Nesterov A.K. Report on the practice of a lawyer // Encyclopedia of the Nesterovs
Lawyer practice report is written based on the results of internship in law enforcement agencies, public institutions and commercial organizations. Modern legal education requires the student to have practical skills, the acquisition of which occurs through writing a report on the practice of a lawyer. The practice report is aimed at developing skills for applying theoretical knowledge in a practical way.
In order to write a report on the practice of a lawyer, it is necessary to understand what kind of report is required at this stage of the University education. According to honoring GOSTs, for the entire period of receipt legal education The student needs to complete three reports:
- report on educational practice lawyer
- lawyer's practice report
- report on the undergraduate practice of a lawyer
Each of the above reports is classified depending on the place of internship. An approximate classification according to this principle is shown in the figure below. Classification by place of practice may vary depending on the university.
Lawyer Practice Report Program
Before talking about the specifics of the content of the report, let's focus on the fact that a program of practice is necessary for its implementation. Practice program for both full-time and correspondence department can be taken at the department or from your teacher.
Having an internship program is essential to getting a high grade. It is the program for the report on the practice of a lawyer that contains the key requirements for the student's activities at the place of internship and regulates the volume and design of the report.
The report on the practice of law is carried out in accordance with the program of practice with the attachment of legal documents and analysis of judicial practice. A report on the practice of law is a written work that reflects all stages of the practice in legal specialties. Writing a practice report rightfully implies a serious independent work and requires a lot of time and effort.
Relevant laws and regulations should be used methodological developments, fresh periodicals and the latest manuals and monographs.
To successfully defend your practice report, you need to complete the report in accordance with the practice program and individual assignment, if any.
In addition, the program of the report on the practice of a lawyer says that it is necessary to receive an individual task, without which, in some cases, the practice cannot be credited.
Lawyer practice report, features and main content
Lawyer practice report reflects:
The application by the trainee during the internship of his theoretical knowledge through personal participation in the activities of a justice authority or a commercial organization;
Analysis of the regulatory legal framework for the formation and activities of the relevant body or its division;
Studying internal structure body or its subdivision;
The study of the functional tasks of the body in which the practice takes place;
Participation in solving the functional tasks of the body, its separate division in agreement with the head of the practice at the place of its passage.
Based on the results of the internship, it is necessary to prepare a report on the internship.
Lawyer practice report is performed after internship in the internal affairs bodies, a notary or law office, bodies municipal government or commercial organization. The place of internship depends, first of all, on specialization. For example, if the specialization is civil law, then a notary office or a bar association would be a good base for practice. If the specialization is criminal law, then the practice is best done in court, the investigative department or the prosecutor's office. The place for the internship and the subsequent writing of a report on the practice of the future lawyer is approved at the specialized department.
Lawyer practice report includes an analysis of legislation according to the internship program, a description of the activities performed during the internship, general characteristics bases of practice from a legal point of view. In addition, the program may provide that certain provisions on the thesis should be included in the form of abstracts in the report on the practice of the future lawyer.
The report on the practice of a lawyer is also accompanied by a plan of practice, a diary to the report and a description from the place of practice. The sequence of submission of documents when submitting a practice report is as follows:
- title page,
- practice program,
- diary for practice report,
- feedback from the place of internship,
- direct practice report,
- applications.
The program and diary of the practice of a lawyer
The plan or program of practice is drawn up in the form of a table, which indicates the main work planned within the framework of the practice program.
| date | Planned work | |
|---|---|---|
| 1 Week | Acquaintance with the base of practice, study of the main documents, acquaintance with the main work in the specialization. | The practice program is signed by the head after the report is submitted. |
| 2 weeks | Drafting of legal documents in accordance with the specialization. Drafting and reviewing various legal documents of the organization. | --- |
| 3 week | Preparation of documents for judicial authorities. | --- |
| 4 week | Analysis of the legislation governing the activities of the organization. | --- |
| 5 week | Preparation of a report on the practice of a lawyer. | --- |
After the practice program, a diary is attached to the lawyer's practice report. The form and content of the diary are shown in the table:
| date | Content of completed work | Signature of the head of practice from the university |
|---|---|---|
| 1 Week | I got acquainted with the organization and the main documents in the organization. I got acquainted with the main duties of a lawyer in accordance with the specialization of civil law. | The internship diary is signed by the head after the report is submitted. |
| 2 weeks | Drafted purchase and sale agreements, information services, civil law agreements. Prepared documents for submission to the tax authority. Studied organizational and legal documents. | --- |
| 3 week | She was engaged in the preparation of documents for their submission on statements of claim to the arbitration court. | --- |
| 4 week | Analyzed the legal acts regulating the activities of the organization as a whole, and identified the main shortcomings in the legislation relating to the activities of such organizations. | --- |
| 5 week | Engaged in writing a practice report. | --- |
Review-characteristic of the internship
Lawyer practice report also contains a review-characteristic from the place of internship, signed by the head of practice from the organization. Feedback example:
Review-characteristic
Vasnetsova Maria Sergeevna had an internship in the legal department of the Non-State Pension Fund "Socium". During the internship, she responsibly treated the work performed, at the appointed time she came for the internship. She was conscientious in completing assignments and assignments.
During the period of practice at work, she was accurate, proactive and disciplined. The preparation of all materials was carried out in an organized manner.
She was friendly and accommodating when interacting with the team.
Head of practice from the enterprise
Mikhalkov Valery Alexandrovich
INTRODUCTION
The duties of a lawyer include monitoring the requirements of the legislation of the Russian Federation and internal documents of the organization, drafting contracts for the provision of paid services, work contracts, concluding employment contracts with employees, drafting orders for hiring and dismissal from it, checking documents drawn up by other departments for compliance with the current legislation, claims work, representation of the company in courts and other
The purpose of the internship is
1. this is familiarization with the professional activities of the legal department in the organization, mastering it,
2. Familiarization with the normative legal acts regulating professional activity legal department,
3.application of knowledge and skills acquired in the learning process.
During the internship, it was planned to solve the following tasks:
1. Acquaintance with the organization, its legal department
2. Familiarization with the normative legal documents of the internship base
3. The study of forms, methods and means of activity of the legal department
4. Work with the documents used in the activities of the legal department
5. Studying the functional rights and duties of department specialists
6. Participation in the work of the department
7. Familiarization with the contractual work of the department.
1.Characteristics of the place of internship - Yamal Branch of Gazpromtrans LLC
The place of internship in the specialty Jurisprudence was a branch of OOO Gashpromtrans.Freight forwarding company Gazpromtrans is a leading Russian company with a number of characteristics inherent in world-class companies.
Established in 2002 due to the merger of Gazprom's railway assets into a single technological complex, Gazpromtrans today is the largest enterprise with clearly defined goals and objectives. The main activity of the company is to provide a full range of transport and forwarding services to consumers of liquid hydrocarbons and other cargoes, as well as to enterprises of the OAO Gazprom system. LLC "Gazpromtrans" provides Additional services on the formation of logistics centers for transportation, the organization of transportation in direct and mixed traffic, the organization of transshipment of goods in ports.
Today OOO Gazpromtrans is one of the largest rolling stock operators.
At the beginning of 2011, the total fleet of cars amounted to more than 27 thousand units, and about 2,000 more cars are involved in the transportation of LDP and MTR. Having its own moving paths and big park locomotives, the company provides its customers with a full range of transport and forwarding services, including services for the supply and cleaning of cars and organizing the repair of rolling stock.
Transportation is carried out through a network of branches located at all cargo-generating enterprises of OAO Gazprom.
The Yamal branch was established on November 27, 2009 and is located at the Obskaya station.
Since 2008, Gazpromtrans has been building a railway line deep into the Yamal Peninsula as part of Gazprom's project to develop the unique Bovanenkovskoye gas condensate field. The 570 km long transport highway, the construction of which is nearing completion, allows the delivery of goods and people to the field. The operation of the line is also entrusted to OOO Gazpromtrans.
Types of transported goods:
— petroleum products (light, dark, viscous);
- LPG;
— pipe products;
- sulfur;
- methanol;
— chemical cargoes;
- construction cargo;
– MTR and other cargoes;
— technical carbon.
2. Competence of the legal department of the organization.
In the period from 07/29/2013 to 08/16/2013, I did an internship at the legal department of the Yamal Branch of Gazpromtrans LLC.Under the guidance of the head of the legal department Bulat Elena Vladimirovna, I took an active part in the work of the legal department itself, namely, I performed such actions as:
- familiarization with the structure of the organization and work schedule;
- study of legal acts regulating the activities of the organization;
- drawing up additional agreements to contracts;
- formation of claims to contractors;
- drawing up a register of concluded contracts;
- Preparation of protocols of disagreements to contracts.
Responsibilities of the legal department of the organization:
- verification of compliance with the requirements of the legislation of draft orders, instructions, regulations and other documents of a legal nature submitted for signature to the head of the organization, and also endorses them;
- monitoring the compliance with the requirements of the legislation of orders and other acts issued by the heads of structural divisions of the enterprise, organization, institution, and takes measures to amend or cancel acts issued in violation of the current legislation;
- taking part in the preparation and conclusion of collective agreements, as well as in the development and implementation of measures to strengthen labor discipline at the enterprise, organization, institution;
- organization and management of claim work; implementation of the methodological guidance of this work, if it is carried out by other divisions of the enterprise;
- representation in accordance with the established procedure of the interests of the enterprise in court, arbitration, as well as in other bodies when considering legal issues;
- generalization and analysis of the results of the consideration of court and arbitration cases and, together with other structural divisions, the results of the consideration of claims, the practice of concluding and executing business contracts; submission to the head of the enterprise of proposals to eliminate the identified shortcomings;
- participation in the preparation of projects, regulations developed by the enterprise;
- giving advice, opinions, information on legal issues arising in the activities of the enterprise;
- providing legal assistance to the local trade union and other public organizations at the enterprise;
Rights of the legal service of the enterprise:
- check compliance with the law in the activities of structural divisions of the organization;
- receive from officials, in the manner prescribed by the organization, documents, certificates, calculations and other information necessary for the performance of their duties;
- involve with the consent of the head structural unit, the head of the organization of workers for the preparation of draft regulations and other documents, as well as for the development and implementation of activities carried out by the legal department, the legal adviser in accordance with the duties assigned to him.
Conclusion
During the internship (specialty Jurisprudence) in the Yamal branch of Gazpromtrans, I got acquainted with the work of a lawyer in the legal department of the organization. I also became aware of the organization of workflow within the department, that is, the work of the office. I studied the structure of the department as a whole and the specific features of the work of each structural unit.
Having studied theoretical basis activities of a lawyer in the legal department of the organization, I learned to put them into practice by participating in the work of the department, as well as expressing my logical conclusions to situations to the head of the practice.
During the practice it was possible to notice some problems in the work of the legal department of the organization.
The lawyer at the enterprise is in one of the first echelons of responsibility. At the same time, in Russian practice, this status is acquired not due to the importance of legal support for all aspects of the enterprise’s activities, but due to the prevailing “truth” - a lawyer is more or less responsible for all the problems that exist in an enterprise. This situation is due to two reasons. First, as a rule, they turn to a full-time lawyer after the occurrence of a negative situation, and not before it, i.e. remember about it only when the problem has already arisen. Obviously, it is much easier to prevent it than to resolve it. So it turns out that when a legal adviser cannot find a way out of situations that have already arisen that is acceptable for the head, the lawyer is automatically accused of incompetence. The second reason is that the legal department has to solve problems that only partially have a legal component, and which the functional departments must solve. Their transfer for execution to the legal service seriously diverts its resources, affects efficiency, which is also the basis for accusing lawyers of incompetence. At the same time, the problem lies not in the level of literacy of a lawyer, but in the quality of his management. It turns out that at modern Russian enterprises, the function of full-time lawyers often comes down to “cleaning up” the work of other departments of the enterprise, including the head, and correcting the mistakes they have made.
Another problem is the excessive workload of paperwork, which will take a lot of time and interfere with work on the merits. The way out of this situation is seen in the allocation of seats for the post of legal assistant.
After solving these problems, the performance of the legal department at enterprises will be higher and more efficient.
