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Title: Law & Management: новий напрям наукових досліджень та управлінської практики
Other Titles: Law & Management: a new approach for scientific researches and the managerial practice
Authors: Шевченко, Л.С.
Keywords: право
юридичний менеджмент
менеджмент юридичної практики
юридична освіта менеджерів
управлінська освіта юристів
юридический менеджмент
менеджмент юридической практики
юридическое образование менеджеров
управленческое образование юристов
legal management
law practice management
legal education of managers
managerial education of lawyers
Issue Date: 2018
Citation: Шевченко Л. С. Law & Management: новий напрям наукових досліджень та управлінської практики / Л. С. Шевченко // Development trends in legal science and practice: the experience of countries of Eastern Europe and prospects of Ukraine: monograph / ed. by authors. – Riga, Latvia, 2018. – P. 218–239.
Description: The purpose of this article is to disclose the sense of the Law & Management conception and to reveal opportunities of its practical implementation in Ukraine. The methodological basis of the study is the systematic and logical analysis of the scientific approaches of foreign scientists to development of the Law & Management conception and a model of the interrelation between law and management. The author proposes an own explanation of the essence of the question, having separated notions of “legal management” and “law practice management”. Legal management is referred to as a system of managerial relations and actions, which are based on awareness of managers and their adherence to law norms and regulated by the current legislation and job descriptions (at an organization) with strict defining and optimal division of juridical rights and obligations of managers. That is to say, it is the legally standardized managerial activity in any field of economic operations. Legal regulation of managerial relations enables to organize actions of managers strictly. Moreover, application of instruments of legal streamlining the economic activity is a component of management of organizations that qualitatively changes its content. Many firms tend to develop special legal strategies. The author means an algorithm calculated from the standpoint of the current legislation. This algorithm provides making legally significant decisions at each stage of business development, determining prospects of licit generation of incomes, emergence of entrepreneurial risks, their legal consequences for a firm, and legal mechanisms of business protection. Legal procedures and instruments such as due diligence, compliance, forensic, government relations, and investment relations are used for managing a firm. Nevertheless, neither legal norm stipulates economic relation on its own. This requires management and managers. Managers with knowledge of law, lawyers with knowledge of management, legal advisers, and business advisers are the main subjects of legal management. University education programs in legal management in many countries of the world propose such variety of jobs. Realizing peculiarities of legal management, foreign scientists use a notion of “legally astute manager”. Law practice management contemplates performing functions of management directly in the field of law, namely at law firms. A legal manager is its subject. Functions of the latter encompass planning and development of a strategy for law firm development, organizing and coordination of practical legal activity, estimation of quality of work and stimulation of lawyers’ work, application of professional skills for work with legislation, internal normative documents, and business documentation of a firm, settlement of internal conflicts at a law firm, etc. Actions of legal managers have own specificity. They are stipulated by peculiarities of a law firm as an economic entity, specificity of the industry of legal services business, legal practices, and rendering legal services, as well as national traditions of managing law firms in some countries. In Ukraine, law firms gradually master directions of management being new for them, particularly strategic, operational, situational, and anti-crisis management. Being innovative and combining with principles of effective management of human resources, law practice management more and more actively orients towards the legal services market. Development of professional partnership occurs in the global market of legal services. The law firms become members of international managerial associations. The modern business requires specialists with fundamentally new competencies. It puts new challenges before the legal education of managers and managerial education of lawyers. The theoretical conception of Law & Management may be the basis for improvement of the practical managerial activity through application of instruments for legal regulation of the economic activity and development of special legal strategies. Simultaneously, achievements of management enable to thoroughly understand specificity of managing and managed systems, scopes of legal regulation, actions of certain administrative acts, opportunities and consequences of the influence of law on the economy and management.
Appears in Collections:Монографії кафедри економічної теорії

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