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за исключением тех, на кого возложена охрана авторства, имени автора и неприкосновенности произведения после смерти автора. назначается автор и исполнитель его воли. Авторские права автора интеллектуального произведения
Исключительное право на результат интеллектуального произведения, созданный творческим трудом, в первую очередь принадлежит его автору. Это право может быть передано автором другому лицу по договору, а также может быть передано другим лицам по иным основаниям, установленным законом.
Права на результат интеллектуального произведения, созданный совместным творческим трудом двух и более лиц (совместное авторство), принадлежат авторам совместно. Список использованной литературы:
1. https://tdh.gov.tm/tk/
2. https://business.com.tm
© Оразова Э.Т., Мырадова А., 2023
УДК 33
Садыкова Н.Б.,
Преподаватель
Туркменский государственный институт финансов ECONOMIC EFFICIENCY OF LEGAL WORK ARRANGING Key words:
legal work, economy, modern level organizations.
At the present stage of Revival of a new epoch of the powerful state, under the direct guidance of Honorable President of Turkmenistan, the national legislative system undergoes further development, and the relevant legal transformations take place. According to the leader of the nation, «the rule of law is the basic principle for build-up of the Turk- men society». In this context, the comprehensive measures are taken to improve further the national legislation as a backbone of the national legal system, in the tideway of the universally recognized norms of the international law. The certain job is done also to achieve the modern level of organization of the activities of the country's law enforcement agencies, to strengthen the control of compliance with the legal norms, of full provision of the economic and political rights, freedoms of the citizens enshrined in the Constitution of Turkmenistan. Maintaining of adequate level of development of the national jurisprudence system is among the most important tasks as well. The legal service units, divisions of the corporations, institutions play special role in ensuring the rule of law within the country. Legal work, which is the complex process of interaction of the separate groups, social groups of people, implies taking measures to guide, manage the legal service work itself with the aim to maintain its implementation at appropriate level and get the necessary results of its applied realization. Legal work is a set of functions on adoption of legal norms and acts, implementation of law, aimed at strengthening the influence of law on public production and full provision of the legality. Legal work, first of all, ensures the practical implementation of the guarantees of support and legal protection of human rights and freedoms enshrined in the Fundamental Law of the country. Legal work in the countries with high level of social organization should be primarily a self-regulating activity. In the meantime, for such a complex, important industry the possibilities of self-regulation are insufficient; there is always a need for
the public administration presence. There are the clearly established methods of arranging the legal work. The first of them is the method of enforcement of law that plays important role as the regulator, moderator of public relations in context of provision of highly organized level, standing order. The second method of organizing the legal work is the law and its various branches, regulators of peculiar public relations that should ensure the implementation of economic policy in strengthening the rule of law. The third method is the precise algorithm of developing, adopting local norms and acts related to a certain territory, while the last method is the rule of concluding the employment contracts. At the enterprises, institutions the importance of legal work is especially high. The heads of the enterprises, institutions refer to the legal norms and follow them when adopting the internal regulatory acts. The purpose of arranging the legal work is also the need to master the skills of preparing in practice various documents that often arise in the civil law relations.
Today, the legal status of a legal adviser, especially concerning compliance with the rule of law in the activities of the organizations and application of legal measures is very important. In accordance with the Regulation «On improving further the system of juridical bodies of Turkmenistan» approved by the Decree of President of Turkmenistan of October 4, 2016, the Ministry of Justice has the right directly and through the departments of justice in the velayats to check the legal work of the departments, executive authorities of the velayats, Ashgabat, etraps and cities, as well as the work of legal services in submitting the proposals to the heads of these institutions concerning elimination of identified violations. Scientists put forward proposals on subordination of a legal service to the prosecutor's office or jurisprudence bodies. At the same time, the main argument put forward is the strengthening of the rule of law due to the greater independence of the legal adviser from the management of the enterprise. Other researchers have noted that the realization of these proposals in practice is unlikely to give the desired results, because the effectiveness of legal work will lower sharply, since the communication of the legal adviser with other divisions (departments, services) of the organization will disrupt. The legal service cannot work without the contacts with other structural divisions of the institutions, organizations — accounting, production and financial departments, supply, sales departments, technical control department, etc. The withdrawal of legal services from subordination to the heads of organizations, their subordination only to the jurisdiction bodies will complicate the interaction of various services performing legal work, and therefore will weaken it. This will also have a negative impact on the legality in the economic sphere, as it will reduce the responsibility of the heads of organizations for the legal work. The task of the legal service is not to supervise the activities of the company's management, but to promote the implementation of economic, production, managerial and other tasks by means of legal measures and methods. The jurisprudence books suggest today arguments about the importance of legislative regulation of legal services in the economy and legal services of the organizations. For example, S. A. Savchenko proposes to adopt a law governing the legal work in the economic sphere and the activities of the legal departments, legal units, legal advisers, in which, he considers, it would be appropriate to restore the system of legal work management at enterprises, to determine the place, goals, objectives, functions, rights and obligations of the legal service units as the main link in the legal work arrangement, as well as the procedure for management of the legal service, the procedure for appointment and quit of employees of the legal service units.
Literature:
1. Model Regulation «On legal service (legal consultant) of central and local executive authorities» // Collection of the decrees of President of Turkmenistan and resolutions of the Government of Turkmenistan, 2009, №6
2. Aristakov Yu. M. Legal work at an industrial enterprise. M., 1972
3. Regulation «On improving the system of jurisprudence bodies of Turkmenistan» // Collection of the decrees of President of Turkmenistan and resolutions of the Government of Turkmenistan, 201
© CaflbiKOBa H.E., 2023
