“Company Lawyer” - course 75,000 rubles. from MSU, training 8 weeks. (2 months), Date: December 4, 2023.

Section 1. “Modern legislation on business activities” (80 hours).

Topic 1.1. Program presentation. Current issues in the development of legislation in the field of entrepreneurship. Law and Economics (4 hours).
Topic 1.2. Corporate forms of entrepreneurial activity. Trends in the development of legislation on legal entities. Trends in the development of corporate law in Russia in the field of corporate governance, information disclosure, liability of corporate participants and members of management bodies (4 hours).
Topic 1.3. Holdings. Legal regulation of economic dependence.
Management in a group of companies The concept and structure of a holding. The need and ways to formalize holding relationships. Advantages and disadvantages of the holding model of business organization. Types of holdings. Grounds and consequences of establishing holding relationships. Grounds, conditions and procedure for holding the parent company to property liability for the obligations of the subsidiary and for losses caused to the subsidiary. Analysis of materials from judicial practice. Legal and organizational mechanisms for managing subsidiaries (4 hours).
Topic 1.4. Means of individualization of business entities, their goods and services (company name, trademark, commercial designation, appellation of origin, domain name): legal regulation and protection copyright holders. Right to a company name: subjects; emergence; legal requirements for a company name; relationship with rights to a trademark and commercial designation; protection. Trademark rights: design, use, relationship with rights to a company name and commercial designation. Peculiarities of using a trademark in the course of foreign trade activities. Methods of disposing of the right to a trademark. Protection of trademark rights. Names of places of origin of goods. Registration, implementation and protection of the right to the appellation of origin of goods. Right to commercial designation: emergence, implementation; relationship with the right to a company name and trademark; protection. Legal issues related to the use of domain names. “Domain disputes” (4 hours).
Topic 1.5. Legal regulation of competition and monopoly: current state, prospects for the development of legislation, law enforcement practice. Goals of legal regulation of competition and monopoly. The concept of competition. Main types of monopolies. State and natural monopolies. The dominant position of an economic entity in the market. The third antimonopoly package is a new stage in the development of legislation. Main directions of law enforcement practice (4 hours).
Topic 1.6. The concept and legal consequences of establishing a group of persons. Antimonopoly control over economic concentration. Suppression of violations in the field of competition law. The concept and criteria for determining a group of persons. Relationship with affiliates and interdependent persons. Legal consequences of recognition by a group of persons. Preliminary and subsequent antimonopoly control over economic concentration. General characteristics of violations of competition law. Monopolistic activity. Unfair competition (4 hours).
Topic 1.7. Fundamentals of legal regulation of insolvency (bankruptcy): current state and prospects for the development of legislation. Actions of the legal service in the event of a threat of bankruptcy of an organization or creditor. Debtor management at different stages of bankruptcy (4 hours).
Topic 1.8. Sale of the debtor's property during the insolvency (bankruptcy) process. Features of the sale of individual objects. Debt restructuring. Asset replacement Agreements concluded during bankruptcy proceedings (4 hours).
Topic 1.9. Organization of contractual and legal work in the company. The concept and principles of organizing contractual legal work. The concept and features of contracts in the field of entrepreneurial activity. Features of concluding, amending and terminating business contracts. Main types of business agreements (4 hours).
Topic 1.10. Legal issues of interaction between the company and the bank. Approaches to choosing a bank as a company's counterparty. Basics of information interaction with the bank. Banking activities and banking legislation. Features of legal regulation of credit organizations. Approaches to choosing a credit institution as a counterparty, services provided by credit institutions to companies. Analysis of information and assessment of banking risks of a credit organization as a basis for choosing a bank. The value of a bank's business reputation. Basics of interaction between a company and a counterparty bank regarding the provision of banking services. Legal regime of banking information. Grounds and procedure for providing information constituting the client’s banking secret. Responsibility for violation of bank secrecy. Legal regime of personal data and the work of banks with clients’ personal data. Transfer of confidential information about the client to third parties (shareholders, collection agencies) (4 hours).
Topic 1.11. Legal basis of credit relations with the bank. Methods of ensuring the fulfillment of obligations in banking transactions and insurance of the risk of loan non-repayment. Working with the bank in case of default on loan obligations. Legal regulation of bank lending. Features and procedure for applying a factoring agreement as a lending instrument. Legal regulation of leasing operations with the participation of banks. Securitization of banking assets. Concept and types of bank loans. The main approaches of banks to selecting clients within the framework of bank lending. The procedure for determining and fixing the interest rate for the use of funds under a loan agreement. The concept and legal meaning of the reserve for possible loan losses. Legal regulation of banks' work with unscrupulous borrowers. The bank's approaches to working with unscrupulous clients and legal problems of collecting debt from the client. Legal forms of debt restructuring. Legal problems of assigning the right of claim under a loan agreement. Credit information and credit history bureaus. The concept of ways to ensure the fulfillment of obligations in banking transactions. Pledge as a way to secure a bank loan. Bank guarantees and guarantees as ways to secure banking transactions. Legal organization of insurance for the risk of loan default and borrower liability (4 hours).
Topic 1.12. Concept and types of bank payments. Forms of non-cash payments. Non-cash payments using bank cards. Rights and obligations of the parties under a bank account agreement. Concept and types of bank payments. Forms of non-cash payments: payments by payment orders, payments by letter of credit, payments by checks, payments by collection. General characteristics of non-cash payments using bank cards. Responsibility of participants in settlement legal relations. Legal regulation of remote banking services: electronic banking. Types of bank accounts. Agreement as a tool for regulating the provision of banking services for account maintenance. The complex nature of the agreement for settlement and cash services. The client's right and the bank's obligation to open an account. Responsibilities of the bank as a tax agent. Responsibility of the parties under the bank account agreement. The order in which funds are debited from the account. Suspension of transactions on a bank account and seizure of a bank account. Legal issues of closing a bank account (4 hours).
Topic 1.13. Legal regulation of relations on the formation, placement and execution of state (municipal) orders. Current regulation and prospects for the development of legislation. The concept and essence of state (municipal) order. Legislation mediating relations on the formation and implementation of state (municipal) orders. Legal status of the state (municipal) customer and procurement participant (supplier). The competence of regulatory authorities in the field of placing state (municipal) orders. Legal problems of formation, placement and execution of state (municipal) orders. State (municipal) contract as a form of implementation of state (municipal) order. Countering “competitive raiding”. Protection of the rights of participants in relations related to the implementation of state (municipal) orders. Formation of the federal contract system of the Russian Federation (4 hours).
Topic 1.14. Agreements in the field of transport activities. Claims and claims work during transportation. Types of transport and their features. State regulation of transport activities. Contract for the carriage of goods. Providing vehicles for loading and presenting cargo for transportation. Agreements on the organization of transportation. Agreements between transport organizations. Transportation of passengers. Transport and forwarding activities. Responsibility of the parties for non-fulfillment of contracts in the field of transport. Claims and lawsuits arising from transportation (4 hours).
Topic 1.15. Legal regulation of labor relations in the company. Concept, subject and method of labor law. Delineation of labor law from related branches of law. Sources of labor law, their system and features. International legal regulation of labor. Social partnership in the world of work: concept, basic principles, levels and forms of social partnership. Employment contract: concept and content, conclusion, amendment and termination. Working time and rest time: general characteristics. Establishment of wages and remuneration system. Responsibility in labor relations. Protection of labor rights and freedoms, ways to protect them. Labor disputes and the procedure for their resolution (4 hours).
Topic 1.16. Current aspects of management in a commercial organization. Legal status of the sole executive body. Current issues in managing a business company. Legal status of the sole executive body. Appointment and termination of powers of a temporary executive body. The relationship between labor and corporate legislation in regulating the activities of the general director (director). Features of the appointment and powers of the acting sole executive body. Advantages, formation procedure, status of the management organization exercising the powers of the sole executive body (4 hours).
Topic 1.17. Legal regime of major transactions and interested party transactions. Major transactions and interested party transactions Goals and principles of special legal regulation of major transactions and interested party transactions: concept, procedure for their approval, legal consequences of non-compliance with legal requirements when making major transactions and transactions with interest. Analysis of judicial practice materials (4 hours).
Topic 1.18. Judicial protection of the rights and legitimate interests of business entities. Constitutional foundations and guarantees of the right to judicial protection. Protection of the rights and legitimate interests of entrepreneurs in the judicial system of the Russian Federation. General principles of legal proceedings. General features and features of protecting the rights of entrepreneurs in the Constitutional Court of the Russian Federation, in arbitration courts, in courts of general jurisdiction and arbitration courts. The importance of pre-trial and out-of-court dispute resolution for entrepreneurs. Pre-trial and judicial reconciliation and mediation (4 hours).
Topic 1.19. Crimes in the economic (business) sphere. Criteria for distinguishing between ordinary and economic crimes. The main criterion is legal entity. Types of participation of a legal entity in criminal proceedings, procedural features. Raiding, general concept, methodological definition. Theoretical foundations, typology of raider attacks. Anti-raiding legislation, investigative and judicial practice, investigation methodology. Crimes in the banking sector, general concept, typology, investigative and judicial practice. Legalization (laundering) of criminally acquired funds, legislation, investigative and judicial practice. Changes in criminal legislation in the field of economics (entrepreneurship) in recent years, practice of application, trends. The problem of law enforcement intervention in corporate conflicts and business activities under the guise of investigating economic crimes. Countermeasures taken by the leadership of the Russian Ministry of Internal Affairs (4 hours).
Topic 1.20. Legal services for business: ideology and practice. Organization of the functioning of the legal department of a commercial organization. Forms of legal support for entrepreneurial activity. Goals, basic principles of organizing legal departments. Building an effective structure for the legal department. The feasibility of identifying specialized departments (sectors). Functional and project approaches in the formation of the legal department. Features of organizing legal services for holdings. Functions of legal departments. Evaluation criteria and ways to motivate employees of legal departments (4 hours).

Based on the results of completing the course, students receive a certificate of advanced training on the form of M.V. Moscow State University. Lomonosov.

The final certification takes the form of a test.