Tax legislation was changed in 1998. After the amendments are made, persons can provide services without having the status of an individual entrepreneur. But at the same time there must be certain types agreements.
Each contract concluded with the second party has some features. To ensure that the person providing the services is not punished by the inspection authorities, it is necessary to know all the possible nuances.
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Conflict situations arise if a person systematically provides certain services. After all, according to the law, such an opportunity is available for no more than 90 days in a row. If violations are detected, the person may be held accountable.
If a person has legal knowledge, he can help other people resolve legal disputes and issues. But is rendering legal services Without registration, an individual entrepreneur is legal, not everyone knows.
Central provisions
Providing legal services without registering an individual entrepreneur is both permitted and prohibited at the same time. If a person wants to do this professionally, but does not want to receive the status of an entrepreneur, then this falls under the definition of illegal entrepreneurship. And this is despite the fact that the person can pay personal income tax.
For such a violation, liability can be both administrative and criminal. At the same time, clients may not agree to work with a person who does not legally confirm his professional status.
On the other hand, in order to help people with regard to the legal component, it is not necessary to open an individual entrepreneur.
You can work in accordance with some rules:
| Legal services can be provided under an agency agreement | Chapter 52 of the Civil Code, which regulates agency, does not state that the agent must be an individual entrepreneur or a commercial structure. But if legal assistance will be provided constantly, then this option will not work. |
| A person can enter into an agreement with an organization paid provision services | In this case, automatic taxation is noted, similar to the conclusion employment contract. Wherein 0,2% not paid to the Fund social insurance. Taxes are distributed between the person ( 13% ) and the customer ( 26% ). |
| Option to conclude a contract is available | Contributions and taxes are paid by the company, and the same reports are provided. In this case, the contractor will not go on unpaid leave, paid annual leave or sick leave. New contracts will simply be concluded with the person. |
In all other cases, human activity will be considered illegal. To determine how to act correctly for a person wishing to provide legal services without an individual entrepreneur, it is necessary to familiarize yourself with the options for concluding contracts.
In order not to be punished for your own activities, it is important to familiarize yourself with the options for cooperation with other persons without individual entrepreneur status
Legal status and laws
The Civil Code of the Russian Federation states that a contract is concluded in the form of an agreement between two or more persons. It specifies the beginning, end or transformation of relationships of a legal or property nature. According to the document concluded between two persons, the parties have certain obligations.
For example, an individual is going to mow the grass or make wooden crafts customer - a legal entity.
In this case, the agreement must contain:
- customer data;
- information about the performer;
- the essence of the agreement;
- the period within which the work must be completed;
- control over execution;
- cost of services;
- procedure and deadline for payment of work by the customer;
- rights and obligations of individuals and legal entities;
- rules for resolving disputes;
- duration of the agreement;
- information about a possible extension.
The Civil Code of the Russian Federation notes the need to fill out a standard form of an agreement, which is concluded between a legal entity and an individual without individual entrepreneur status. However, the form itself is not fixed. Therefore, the parties can change the clauses, adding those necessary to resolve the relationship.
In some cases, an individual does not fulfill his obligations. Then the conflict is resolved pre-trial and judicial procedure. If there is a trial, the court will focus on the execution of the contract.
Some contractors draw up a document that is obviously unprofitable for the customer. Therefore, lawyers note the need to clearly define the obligations of each party. Then the deal will be mutually beneficial for both parties to the agreement.
The Tax Code provides a list of types of activities that do not require registration of a person in the Unified State Register of Individual Entrepreneurs.
Without such status a person can:
- herd livestock;
- crush grain;
- engage in the cultivation of agricultural products;
- advise schoolchildren and students on the appropriate training program as part of tutoring;
- clean the premises;
- conduct musical accompaniment events;
- sell kittens, puppies;
- look after trained animals;
- care for other persons (minors, adults);
- raise pets;
- do secretariat;
- repair clothes;
- measure weight and height using automatic devices.
But before the provision of such services, the contractor must visit the tax authorities. If you do not have an account number, you must submit an application for one. After this, a certain amount must be paid, which constitutes the tax. The amount of payments differs depending on the subject of the Russian Federation.
The person will be told by the tax inspector that services are prohibited from being provided to people who do not have individual entrepreneur status. A person must notify an employee of his or her intentions to engage in a particular activity. The inspector will tell you about the person’s capabilities, rights and responsibilities in accordance with the law.
Is registration necessary?
Many people do not know whether registration of an individual entrepreneur is required for a person wishing to provide legal services. To answer this question, there are important terms to consider.
The Civil Code of the Russian Federation (Article 2) describes the essence of entrepreneurial activity. It consists of making a profit by leasing property, manufacturing and marketing products, preparing work or providing services by persons registered by law and included in the Unified State Register of Individual Entrepreneurs.
The Code of Administrative Offenses of the Russian Federation (Article 14.1) describes the concept of illegal entrepreneurship. It consists of carrying out business activities without the appropriate permit (registration of individual entrepreneurs and legal entities). Violation of this law is subject to a sanction in the form of a fine, the amount of which ranges from 500 to 2,000 rubles.
Also, illegal business activities can be a criminal offense. In this case, the person must not only illegally provide services or perform work, but also cause large-scale damage to people, institutions or the country.
Then the punishment is:
- fine;
- compulsory work;
- arrest.
If a private lawyer who does not have the status of an individual entrepreneur helps to conclude contracts on a fee basis individuals to provide legal services, it is impossible to unequivocally answer the question of whether there has been a violation of the law. Therefore, it is necessary to study the explanations of the tax authorities.
They note that pro bono transactions should not constitute a full-fledged activity. In this case, the provision of services will not be considered entrepreneurship.
A person may be suspected of committing illegal actions related to the provision of legal services without the status of an individual entrepreneur if:
- acquisition of property in order to obtain benefits for its sale or use;
- keeping records of profits received as a result of work;
- consistency and relatedness of recent transactions;
- established relationships with other persons involved in cooperation with the lawyer.
If a person notes the presence of at least one of the points given above, then it is worth thinking about legally establishing the status of an individual entrepreneur. In this case, the provision of services will be legal.
Also, the person must be aware of the nature of his activity. If legal services bring a constant income, then it is worth submitting an application to enter information about the individual entrepreneur into the Unified State Register of Individual Entrepreneurs. In case of one-time and inconsistent income from this type of activity, there is no need for registration.
Required agreement for the provision of legal services without registering an individual entrepreneur
Russian legislation does not provide a clear definition of the concept of “legal services”. This is because this type activities can be so different that it is impossible to collect and classify all available services.
A person who wants to provide legal assistance should familiarize himself with the possible legally provided options for contracts drawn up between citizens:
- The Civil Code of the Russian Federation (Article 971) stipulates the possibility of concluding an agency agreement. When it is signed, one party is given the opportunity to carry out legal acts for the other party.
- When signing a commission agreement (Article 990 of the Civil Code of the Russian Federation), a party can make transactions for another party to the agreement.
- Drawing up an agency agreement (Article 1005 of the Civil Code of the Russian Federation) provides for the obligation of a party to perform actions, including those of a legal nature, for the other party, but with the consent to use its name and pay for services.
- When signing a contract for the provision of paid services (Article 779 of the Civil Code of the Russian Federation), the contractor performs a service for the customer and receives payment for it.
- In case of concluding a contract (Article 702 of the Civil Code of the Russian Federation), the contractor performs certain work required by the customer. The latter pays it according to the agreement.
The concept of “provision of legal services” is not prescribed by law. Therefore, these words can be understood as concluding contracts, drawing up claims, holding consultations, attending court hearings - any actions that are commonly considered legal services.
An individual who wants to provide advice on legal issues and engage in this type of activity without the status of an individual entrepreneur should focus on only two forms of agreement. These include the provision of services on a reimbursable basis and an assignment agreement. Other types of agreements, although they have the right to exist, can be challenged in court. Then the person will be held accountable for illegal activities.
Every person who wants to provide legal services must weigh the pros and cons before starting their activities, because it is possible to stop such actions and bring a person to justice within the framework of administrative and criminal legislation
Liability Risk
When conducting business activities without registering a person and entering him into the Unified State Register of Individual Entrepreneurs, sanctions may be applied.
According to the Code of Administrative Offenses (Article 14.1), an administrative fine may be collected from a person. Its size varies within from 500 to 2,000 rubles.
In some cases there is no liability.
This is noted in case of unsystematic profit making, characterized by:
- quantity of goods;
- assortment;
- volume of work performed, etc.
Sometimes there may be evidence indicating systematic profit making.
These include:
- certificates of persons who are customers;
- availability of receipts for receiving money;
- bank statements;
- acts of transfer of goods, performance of work.
Illegal business activity may also be a criminal offense. Sanctions are provided for when major damage is caused to individuals, organizations, or the state. There may also be a large income received by a person conducting illegal business activities. This rule is prescribed in Art. 171 of the Criminal Code Russian Federation.
- a fine of up to 300,000 rubles or salaries within 2 years;
- compulsory work (up to 480 hours);
- arrest (up to six months).
It is worth remembering that when acquiring property, as well as receiving it as an inheritance or gift, liability for its use does not arise under Art. 171 of the Criminal Code of the Russian Federation. The act of a person in in this case involves a violation of Art. 198 of the Criminal Code of the Russian Federation. It stipulates liability for non-payment of taxes in the presence of income from real estate rental transactions.
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In capitalism, every company needs to organize legal services by professionals and experts in their field. Young entrepreneurs and businessmen are not so knowledgeable in legal matters, so they hire personal lawyers and lawyers so as not to resort to the help of third-party companies if necessary. This practice is common in last decades. Most large organizations hire entire organizations. But if a citizen does not have a personal lawyer or is just planning to hire one, what documents will be needed and where to apply? We'll talk about this further.
What are legal services
The organization of legal services is, first of all, consulting in all areas of law, representation in court, examination and representation of the interests of the customer or employer. This is what is written about them in the Treaty on the Eurasian Economic Union. This definition does not reflect full essence and the meaning of the services, but gives an approximate understanding of what can be required from a lawyer. However, there are some nuances here too.
First, lawyers do not risk getting involved with illegal interests. Therefore, drug dealers do not have permanent lawyers; they appear when the business stops working.
Secondly, remember that a lawyer cannot decide the outcome of a lawsuit or transaction, he only assists law enforcement agencies (courts, for example). A lawyer is constrained by the law.
Thus, legal services and the lawyers representing them only help clients understand their rights, and only the employers, an individual or a legal entity, decide whether to use these rights or not.
And here it is worth noting that, for the most part, companies and corporations are concerned, it is impossible to simply lay all your worries on the shoulders of lawyers. A lawyer cannot, for example, sign instead of the general director or answer in court instead of a client. Legal services to citizens and organizations cannot work without their participation.
Ordinary ordinary citizens, or individuals, should not constantly worry about their legal security; this is the prerogative of legal entities, companies and organizations. Individuals and legal entities need legal entities. help to varying degrees.
For individuals
For individuals, the most common attraction of legal services is in the following aspects:
- Labor: reinstatement (in case of slander, unfair dismissal), penalty wages, disciplinary sanctions.
- Family: payment of alimony, divorce (and subsequent division of property), deprivation of parental rights.
- Housing: HOA, eviction, determination of use rights, housing cooperatives.
- When interacting with legal organizations and government bodies.
- When compensating for loss and other harm to position and health.
- When drawing up examinations and accompanying contracts.
- When concluding real estate transactions, mortgages.
Legal entities
Organizations also often participate in transactions with other companies and government agencies, but there are also aspects that involve legal entities rather than individuals:
- Subscriber support for business and production.
- Drawing up acts, claims, powers of attorney and other Examination of other legal acts.
- Resolution of disputes that have arisen through pre-trial settlement.
- Permanent representation in various court instances.
- Drawing up and certification of various contracts.
Depending on the situation, other legal services may be provided to a public organization or to individuals. It is difficult to predict all possible combinations of circumstances.
Assessment of the quality of legal services
A lawyer's experience and reputation are just the tip of the iceberg. The desires that clients voice when hiring a lawyer usually look like this:
- Empathy for the client, goodwill - this guarantees the lawyer’s complete immersion in the client’s problem, which is important for quality service.
- Subscriber support, immediate response (at any time of the day or night, without lunches and weekends).
- The ability to keep secrets.
- Clarity of explanations, eloquence. The client needs to participate in legal proceedings. processes, but to participate you need to understand what’s what, and only a lawyer can explain.
- Of course, significant experience and a clean reputation.
- Lowest price possible.
Experience and reputation are assessed at the search stage and have little effect on the result of services. There are often cases when young university graduates worked more responsibly than experienced lawyers. The quality of work can only be truly assessed not before it has been completed. For this reason, organizing legal services is a difficult task.
What organizations provide legal services?
If you or your organization does not require constant legal support, then there is no point in hiring a specialist on a permanent basis, but you still need to know the organizations that provide legal services. Have the right to provide legal assistance:
- Public receptions at state and other levels.
- Courts of all levels.
- The Bar is an institution dedicated to the protection of rights, freedoms and interests in court.
- A notary is an institution involved in certifying transactions and giving them legal force.
- The prosecutor's office is an institution that oversees compliance with the Constitution of the Russian Federation.
- Public organizations for the protection of the rights and freedoms of citizens, including international ones, for example, Memorial.
- Commissioners for Human Rights. There are representatives in every region.
- Private companies and organizations.
In addition to such large organizations, there are companies offering a narrow organization of legal services, for example, a patent office or a credit bureau. Such companies specialize in specific services, and you should contact them together with a lawyer.
All citizens have the right to receive legal assistance if necessary in accordance with Article 48 of the Constitution of the Russian Federation.
Providing services to non-profit organizations
A lawyer cannot be a specialist in all areas at the same time; most often, companies have lawyers for civil and criminal cases. And there are for commercial and non-profit organizations. Let's first consider legal services for non-profit organizations. Here the most common question is how to register a charitable organization, what documents and powers of attorney are needed, what is the state support.
The regional Ministry of Justice helps charitable organizations register legally. Documents describing the scope of activity and the organization's charter are submitted there. After approval, you can put the fund on tax accounting and FFOMS.
Not commercial organizations can count on some feasible assistance from local authorities:
- Providing benefits for paying fees, taxes, etc.
- Benefits for using state property.
- Benefits for members of the organization for paying taxes, etc.
- Placement of state and municipal orders, in accordance with the law.
The organization itself provides legal services to the organization. But in matters of appealing to the state. authorities - the courts, the prosecutor's office - can count on benefits.
Providing services to commercial corporations
The internal structure of legal entities is not regulated by current legislation, that is, the owner or owners retain full right to create their own legal service. In matters of economy, this is much more convenient than signing a legal services agreement for an organization and making your company partially dependent on someone else’s company.
Modern legal regulation says nothing about the position of lawyers in a corporation, and Russian Government Decree No. 207 of April 2, 2002 does not include commercial companies. Thus, a legal service can be represented as one lawyer or a staff. Such a service is formed as an administrative and management cell within the company. It is called a department, department or bureau.
Lawyer position
The position of the head of such a bureau or department is called accordingly: head of the legal department, department, bureau, etc. It is not uncommon and quite beneficial to have a situation where the head of a legal department simultaneously holds the position of deputy general. Director of Legal Affairs or becomes a member of the management board, board of directors, etc.
There is no need to worry about organizing legal services. At each stage of the development and formation of a company, there are moments that require legal regulation: the organization’s decree for registration with tax and other government agencies. authorities, registration of new employees, interaction with other companies, etc.
According to modern legislation, in-house lawyers are called legal advisers or corporate lawyers, since in practice they spend a lot of time resolving the internal legal issues of the organization.
Providing services to state-owned companies
Another type of company that is worth considering separately is government organizations. But here everything is much simpler. Legal services government organizations, if the need arises, the Prosecutor General's Office of the Russian Federation provides. The same one that provides free assistance to individuals. However, this does not mean that government bodies have an advantage because they are protected by “their own people.” The legal service is an independent body that regulates legal norms, regardless of the client’s situation.
There are frequent cases when in the state. Enterprises have their own in-house lawyers. They do the same thing as their commercial counterparts.
Agreement for the provision of legal services
There are six types of contracts for the provision of legal services: assignment, contract, commission, agency, paid services, mixed contracts. The legislation does not create a strict framework between these types, so the client has the right to choose the one that is most convenient for him.
- Discrete (one-time) contract - the client and lawyer cooperate in only one legal action.
- Targeted (multi-stage) contracts - a lawyer needs to perform a number of actions in the interests of the client (for example, conduct a case in court not at one instance, but at all four) to achieve the goal.
- A subscription agreement is equivalent to hiring a lawyer to regulate the legal regulations of the company. This means working on a permanent basis for an indefinite period or for several years.
The subject of the contract is an action performed by the performer (lawyer, advocate, etc.) for the client. In subscriber and target agreements, this is a set of actions. The terms, remuneration, and procedure for payment of funds depend on the subject.
Thus, the provision of legal services is a multi-stage a complex system strictly regulated by law. However, the structure legal organization is not defined by law and can be of any size and with any number of personnel. In-house lawyers work either temporary agreement, or on an ongoing basis. And the larger the organization, the larger the headquarters of lawyers.
Introduction
2. Legal status legal services market participants
2.1Lawyers and legal entities
2.2Law firms and other specialized legal organizations
2.3Individually practicing lawyers
2.4Notaries
3. Legal service in commercial organizations
3.1 Legal service as a structural unit of a commercial organization
3.2 Functional responsibilities of the organization’s legal adviser
4. Agreements for legal services and provision of legal services
4.1 Qualification of contracts for the provision of legal services
4.2. Types of contracts concluded by lawyers with clients
4.4 Payment for legal services
4.5 Responsibility of the parties under the contract for the provision of legal services for a fee
Conclusion
Bibliography
Introduction
At the moment, legal assistance is a promising, fast-growing area in law enforcement. In addition, the right to legal assistance is an important constitutional principle enshrined in the Constitution of the Russian Federation. Article 48 of the Constitution of the Russian Federation states: “everyone is guaranteed the right to receive qualified legal assistance; in cases provided for by law, legal assistance is provided free of charge” (Article 48, paragraph 1).
However, it should be noted that to date this area has not been well studied. The reason for this is that until recently the main forms of organizing legal assistance were the bar, the notary and legal (or legal advisory) services, which were created in enterprises, organizations and public associations to provide assistance to these enterprises, organizations or associations, respectively. Now a field has been created for new forms of legal activity, these are the notorious “other forms of providing legal assistance.” This is what textbooks call all other forms of providing legal services that do not relate to the legal profession and notary office. Unfortunately, it is impossible to give a more precise definition of these forms, since they represent a great variety various forms provision of legal services, and their list is open. This creates confusion in the understanding of legal assistance.
This work is a modest attempt to systematize the forms of legal assistance, to understand their meaning and functions and to bring at least some clarity to the concept of legal assistance and its significance in modern society. This is a very pressing problem, from my point of view, since, despite the novelty of many principles and forms of legal assistance, it (legal assistance) has taken root well in our country and now in any city you can find some form: a notary office , or the bar, or private legal advisory firms, or even private detective agencies and detectives who also provide legal services.
The need for legal assistance arises constantly and everywhere. There is practically no area of life or human activity in which every person, not just a lawyer, needs to know and be able to apply certain legal norms. Whether we are talking about work or study, purchasing or selling goods, receiving services, the need to contact government or other bodies, participation in the activities of public organizations, elections to parliament, and so on - qualified assistance from a lawyer may be required everywhere. This is why legal assistance exists, which provides the population with assistance in understanding, comprehending the legislation and helping to use it for the benefit of the person who needs this help.
1. Concepts of legal services and activities for their provision
Legal services are services to assist individuals on legal issues. The provision of legal services is one of the types of legal practice that is objectively necessary in any society with a state structure.
Legal activity is on a par with other types of service activities, such as auditing, consulting, marketing, information, monitoring, appraisal and real estate activities. All these types of activities satisfy public demand for certain types of services accompanying the main - production - types of economic activity.
Legal activity is: state, non-state or private (commercial) activity of professional lawyers to provide qualified assistance to individuals and legal entities in understanding correct use and compliance with legislation, consultation on legal issues and legal issues, which is aimed at protecting and promoting the implementation of the rights and legitimate interests of citizens.
The need for strict government control over private legal practice is controversial. State control can be exercised different ways, primarily through licensing and accreditation. Among lawyers, both scientists and practitioners, there are both supporters and opponents of licensing legal activities. Currently, to engage in legal practice, including the provision of paid legal services, a license is not required, since the current Federal Law of August 8, 2001 No. 128-FZ “On Licensing” individual species activities" activities related to the provision of paid legal services are not included in the list of activities subject to licensing.
The main professional participants in the legal services market are: lawyers and legal entities; law firms and other organizations specializing in the provision of legal services; individually practicing lawyers. Activities to provide legal services are also carried out by organizations that are not law firms, but in accordance with their statutory goals and objectives, providing legal assistance to their participants and other persons. Close to the activity of providing legal services is the activity of notaries, which contributes to the proper registration of transactions and other acts. Many commercial organizations have a full-time legal service, thanks to which the organization's needs for legal services are met.
There is no single general law in which the rules governing relations in the provision of legal services would be collected in the Russian legislative system. In the resolution of the Constitutional Court of the Russian Federation dated January 23, 2007 No. 1-P “In the case of verifying the constitutionality of the provisions of paragraph 1 of Article 779 and paragraph 1 of Article 7XI of the Civil Code of the Russian Federation in connection with complaints from the limited liability company “Corporate Security Agency” and a citizen V.V. Makeev" it is noted that " public relations regarding the provision of legal assistance as a separate subject legal regulation are not highlighted in the current legislation - they are regulated by a number of normative legal acts, the system of which includes the norms of the Civil Code of the Russian Federation, in particular its Chapter 39 concerning obligations under a contract for the provision of paid services" (clause 3) In principle, one could raise the question on the adoption of a general Law on the Fundamentals government regulation activities for the provision of legal services, similar in their focus to the current Laws “On Valuation Activities in the Russian Federation” and “On Auditing Activities”, but it seems that this is not necessary, at least at the present time. In addition, the activities of some participants in the legal services market are based on special laws: the federal law dated May 31, 2002 No. 63-FZ “On advocacy and the legal profession in the Russian Federation” (hereinafter referred to as the Law on Advocacy) and the Law of the Russian Federation dated February 11, 1993 No. 44621 “Fundamentals of the legislation of the Russian Federation on notaries”.
The importance of legal services for entrepreneurs. Entrepreneurial activity carried out on a certain legal basis. Compliance with legal regulations gives entrepreneurs the opportunity to successfully develop their business. On the contrary, violation of the requirements of legal norms entails undesirable consequences for entrepreneurs in the form, for example, of liability for obligations, and repeated or gross violations of the law can lead to the forced liquidation of the entrepreneur - legal entity in the manner provided for in paragraph 2 of Art. 61 of the Civil Code of the Russian Federation, to administrative and criminal liability individual entrepreneurs And officials commercial organizations.
In order to avoid violations and follow the requirements of the law in everything, entrepreneurs turn to specialists with legal knowledge, i.e., practicing lawyers. Legal support for business is a natural, objectively determined phenomenon, one of components legal activities.
Legal assistance provided by lawyers to entrepreneurs is also called legal support, legal support, legal support. All of these terms are close in meaning and can be used in different contexts in the same semantic meaning: provision of consulting and other services by professional lawyers to entrepreneurs on legal issues of running a business. In a broader aspect, the term “legal services” is also used, which means the provision of various legal services to interested parties - clients, customers - on a contractual basis, involving constant or periodic interaction and cooperation between the contractor and the client.
Sample (standard form)
Essential terms of the contract for the provision of legal services
By contract for paid legal services The contractor undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services(Clause 1 of Article 779 of the Civil Code of the Russian Federation).
Legal expenses are subject to reasonable reimbursement. It means that:
determining the reasonableness of the limits for satisfying a claim for compensation of legal expenses for the services of a representative does not depend on the amount of remuneration established by the state for remuneration of a lawyer participating in a criminal trial as appointed by the bodies of inquiry, preliminary investigation, prosecutor or court (paragraph 7 Information letter Presidium of the Supreme Arbitration Court of the Russian Federation dated December 5, 2007 N 121 “Review judicial practice on issues related to the distribution between the parties of court costs for the services of lawyers and other persons acting as representatives in arbitration courts");
the reasonableness of legal costs for paying for the services of a representative cannot be justified by the fame of the representative of the person participating in the case (clause 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 21, 2016 No. 1 “On some issues of application of the legislation on compensation of costs associated with the consideration of the case”).
oral and written consultations;
legal support economic activity organizations;
registration of ownership rights to real estate in the Unified State Register and obtaining extracts from the Unified State Register;
conducting cases and protecting client interests in court;
Apply to the contract general provisions o (Articles 702 - 729 of the Civil Code) and provisions on household contracts (Articles 730 - 739 of the Civil Code), if this does not contradict the norms of Chapter. 39 of the Civil Code, as well as the specifics of the subject of the contract for the provision of legal services for a fee (Article 783 of the Civil Code).
Because the:
therefore the design primary documents important for both the customer and the contractor.
To reflect services, the main documents are:
Service Agreement;
Invoice (invoice) of the service provider;
Payment documents.
All expenses under a contract for the provision of legal services can be divided into 2 categories:
those that cannot be classified as such expenses. Judicial practice proceeds from the fact that legal expenses cannot include the costs of:
lawyer consulting;
conducting legal due diligence;
collecting evidence in the case;
reward for a positive outcome of the case.
Base: Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated August 13, 2004 N 82 (as amended on July 1, 2014) “On some issues of application of the Arbitration Procedural Code of the Russian Federation”; Definition Supreme Court RF dated February 26, 2015 No. 309-ES14-3167 in case No. A60-11353/2013; Resolution of the Volga Region Autonomous District Court dated March 3, 2016 in case No. A65-20192/2014.
Standard form of contract for the provision of legal services
| Saint Petersburg | "__" ________ 201__ |
Romashka LLC, hereinafter referred to as the “Customer”, represented by General Director ____________________, acting on the basis of the Charter, on the one hand, and Legal consultation online, hereinafter referred to as the “Contractor”, represented by Director Ivanov I.I., acting on the basis of the Charter, on the other hand, have concluded this Agreement on the following:
What mistakes are made most often in the preamble of a contract?
1. The Subject of the Agreement
1.1. The Customer instructs, and the Contractor undertakes to personally provide the following legal services (hereinafter referred to as the Services):
oral and written legal advice to the Customer on issues of its current business activities;
drafting civil law contracts;
1.2. The Customer undertakes to accept and timely pay for the Services.
What mistakes are made most often in the subject of the contract?
2. Responsibilities of the Parties
2.1. The customer is obliged:
2.1.1. pay for the Services provided by the Contractor in accordance with the terms of this agreement;
2.1.2. ensure timely provision to the Contractor of all information and primary documentation necessary for the provision of Services;
2.1.3. provide conditions for the provision of Services by issuing appropriate powers of attorney and/or authorities.
2.2. The performer is obliged:
2.2.1. provide Services in a timely and high-quality manner;
2.2.2. apply legal and objective methods and means when providing services;
2.2.3. provide services in a timely manner and in full.
3. Procedure for provision of services
3.1. The Contractor has the right to engage third parties to provide Services under this agreement, while observing the terms of this agreement on trade secrets (confidential information), as agreed with the Customer.
3.2. If the Customer does not send the signed Certificate or a reasoned objection to the Contractor within 3 (three) working days from the date of receipt of the Service Provision Certificate, then the services provided are considered accepted by the Customer in full.
3.3. The Customer's objections to the volume and quality of the Services provided must be justified and contain specific references to the inconsistency of the Services with the results. In this case, the Parties are obliged to immediately agree on the conditions for eliminating this claim.
3.4. Services under this agreement not provided for in clause 1.1. are formalized in an additional agreement.
4. Cost of Services and payment procedure
4.1. The cost of the Contractor's Services is _______ (_____________________) rubles per month, including VAT _________________ per month.
4.2. The Customer pays the Contractor monthly as specified in clause 4.1. of this agreement the amount no later than the 10th day of the current month.
4.3. Payment is made by transferring funds from the Customer's current account to the Contractor's current account based on issued invoices. The Customer's payment obligations are considered fulfilled from the moment of receipt Money to the Contractor's bank account.
4.4. In the event of the Customer’s unlawful refusal to sign the Certificate of Acceptance of Services, the payment deadline for this certificate shall begin the next day after the date on which the Certificate of Acceptance of Services should have been signed.
4.5. After signing this agreement, the Customer transfers to the Contractor an advance payment in the amount of the monthly fee.
The beginning of the provision of Services is determined by the date of receipt of the first advance payment.
What mistakes are made most often when formulating the calculation procedure?
5. Privacy
5.1. The Contractor undertakes not to use the information received under this agreement for purposes directly or indirectly causing damage to the Customer and/or to obtain any advantages and benefits during the term of the Agreement.
5.2. Confidential information does not include information that is classified as open by existing legislation and the disclosure of which is the responsibility of the Customer.
7.3. This agreement is considered concluded and comes into force from the moment the Contractor receives the appropriate advance payment and is valid until the Parties fully fulfill their obligations under this agreement. With regard to unfulfilled obligations, this agreement continues to be valid even in the event of its termination until the Parties fully and properly fulfill these obligations.
7.4. Any changes and additions to this agreement are valid only if they are made in writing and signed by authorized representatives of the parties. The appendices to this agreement constitute its integral part.
7.5. The rights to use the results of the Services under this agreement in any form belong to the Customer; transfer of the results of the Services to a third party can be carried out by the Contractor only by agreement with the Customer.
7.6. In all other cases not mentioned in this agreement, the parties are guided by the provisions and norms of the current legislation.
7.7. This agreement has been drawn up in two copies, one for each party, both copies have equal legal force.
7.8. Attached to the agreement:
7.8.1. Service acceptance certificate
8. LEGAL ADDRESSES OF THE PARTIES
current account No. __________________________ in Bank _______________Contractor: _______________________________ (location address)
current account No. __________________________ in Bank _______________
SIGNATURES OF THE PARTIES:
Appendix No. 1
to the Compensation Agreement
provision of legal services
Certificate of acceptance of services provided
| G. _____________ | "__" ________ 201__ |
Romashka LLC, hereinafter referred to as the “Customer”, represented by general director ____________________, acting on the basis of the Charter, on the one hand, and Online Legal Consultation, hereinafter referred to as the “Contractor”, represented by Director Ivanov I.I., acting on the basis of the Charter, on the other hand, drew up this Certificate of Acceptance and Delivery of Services Rendered ( hereinafter - the Act) under the Contract for paid legal services No. ___ dated "___" ___________ _____ (hereinafter - the Agreement) on the following.