REGULATIONS OF LEGAL DEPARTMENT
(Approved by order of Scientific Council of the Azerbaijan State University of Economy, dated May 29, 2014)
1. GENERAL PROVISIONS
1.1. Legal Department s an organizational unit of the Azerbaijan State University of Economy (hereinafter –AzSUE) and reports directly to rector of AzSUE.
1.2. Legal Departments is established and annulled by order of AzSUE.
1.3. Legal Department shall follow in its activity the Constitution of the Republic of Azerbaijan, Law of the Azerbaijan Republic “On Education” and other laws, decrees and orders of the President of the Republic of Azerbaijan, decisions and orders of the Cabinet of Ministers of the Republic of Azerbaijan, the Regulations of the Azerbaijan State University of Economy, other legislative acts, orders and instructions of the rector of AzSUE, the decisions of the Academic Council of AzSUE and these Regulations.
2. MAIN DUTIES OF THE DEPARTMENT
2.1. Ensuring the activity of AzSUE as per legislation.
2.2. Arranging the establishment of legal framework of the activities of AzSUE.
2.3. Ensuring the preparation of internal regulatory documents and monitoring their preparation.
2.4. Arranging the design work of agreements, claims and requirements of AzSUE.
2.5. Defending the rights and interest of AZSUE before courts, other state authorities, legal and physical persons on the basis of power of attorney.
2.6.Arrangement and implementation of legal analysis and expertise work. To give opinions to protocols, contracts, orders, resolutions and other draft documents.
2.7. Managing the legal expertise and regulatory security of AzSUE organizational units including subordinated enterprises, enterprises and organizations.
2.8. Providing the AzSUE organizational units and employees with consultation on legal issues.
2.9. Informing the AzSUE organizational units by tracking the changes in legislation.
3. FUNCTIONS OF THE DEPARTMENT
3.1. Preparation and implementation of the regulatory framework, which is necessary for implementation of AzSUE activity.
3.2. Inspection of the compliance of the orders, instructions, regulations and other documents requiring legal opinions submitted for approval by the AzSUE management as per legislation.
3.3. Representing AzSUE before the authorities, state agencies, local governments, businesses and individuals within its power in relation to matters concerning the scope of activity of the Department.
3.4. Representing AzSUE and participating in commissions, working groups and various events organized in AzSUE.
3.5. Raising the matter before the AzSUE management in relation to participation of employees of AzSUE organizational units as a specialist or a witness in the trial.
3.6. Preparation of proposals on elimination of reasons and conditions causing the violation of the requirements of legislation and orders by the employees of AZSUE organizational units as well as failure to fulfil the duties and functions obliged to them.
3.7. making recommendations and taking part in preparation of regulatory acts for giving legal opinion for the part of the documents contradicting the legislation, and compliance of that draft document with legislation.
3.8. Monitoring the compliance of the documents returned to the AzSUE organizational units or specialist with the requirements of legislation based on the opinion of legal department.
3.9. Taking actions and monitoring the measures to be taken for analyzing and execution of the information on penalties for violation of the obligations under the agreements.
3.10. Preparation of the proposals on settlement of disputes prior to referring to court (pretension) and submit them to the management, and settle the complaints (claims) about the AzSUE activity:
- checking whether their reasonable or not; investigation of the relevant procedural terms, references to regulations, contracts and other legal documents by the claimant;
– examination of the facts in complaints (claims).
3.11. fulfilment of other functions prescribe din legislation according to activity direction.
4. RIGHTS OF THE DEPARTMENT
4.1. Requiring the relevant organizational units, experts and requesting citizens to submit necessary documents and information in relation to functional activity of the Department.
4.2. Representing AzSUE before the government agencies, non-government agencies, legal entities and individuals, and other organizations in relation of functional activity of the Department on the basis of power of attorney.
4.3. Making proposal to the management on the functional activity of the Department under its authority, this proposal shall be binding upon other organizational units and specialists.
4.4. In case of revealing the violation of legislation by the AzSUE organizational units or employees, to report to the management about the actions to be taken and bringing to justice of such employees.
4.5. Involving experts and specialists from relevant fields with consent of the management within its functional activity and requiring the submission of the necessary documents from other organizational units.
4.6. Requiring the executor to develop and complete the draft orders, instructions, regulations and other legal-normative documents and projects.
5. STRUCTURE OF THE DEPARTMENT
5.1. Rector of AzSUE shall approve the structure and the number of staff unit of the Legal Department.
5.2. Head of the Department who was appointed by order of AzSUErector shall manage the Department.
5.3. Distribution of responsibilities among the employees shall be provided by the head of the Legal Department.
5.4. For ensuring its duties and functions, the Legal Department shall ensure the execution of its duties and functions on the basis of mutual relations with other organizational units of AzSUE and relevant organizations.
6. RESPONSIBILITY OF THE DEPARTMENT
6.1. Legal Department shall bear common responsibility for correct application of legislation and organization of legal security.
6.2. Head of the Department shall bear full responsibility for timely and properly fulfilment of its duties and functions. Head of the Legal Department shall be responsible for the followings:
- Timely and proper execution of orders and instructions of the management;
- Compliance with internal labour discipline by the Department employees;
6.3. The lawyers of the Department shall be responsible for the timely and proper execution of the undertaken duties.
6.4. Each employee of the Department shall be liable for the document prepared, reviewed and signed by him/her as per the Constitution, laws and legal acts of the Republic of Azerbaijan, and other regulatory documents within the framework of the tasks defined in these Regulations.