Legal Audit of Disputes
( Pp. 36-44)

More about authors
Liudmila V. Kashirskaya
Financial University under the Government of the Russian Federation
Moscow, Russian Federation Yulia A. Zurnadzhyants
Astrakhan State Medical University
Astrakhan, Russian Federation
Abstract:
A task. The article is devoted to the development of the main components of conducting a legal audit of disputes as a tool for resolving and preventing disputes arising in companies, the subject of which is the presence of overdue accounts receivable or accounts payable, disagreement with the creditor's claims, violation of contractual rights and obligations, issues of civil law relations and corporate disputes, as well as the possibilities of the audit to prevent and resolve such situations. Model. The article presents the main elements of the methodology of conducting a legal audit of disputes, which contribute to the mediation, conciliation procedure aimed at the inadmissibility of the dispute, or, if there is one, to resolve the dispute and develop solutions to eliminate it. Conclusions. The direction studied in the article is an important basis in the audit of the company's activities due to the fact that most of the company's functioning processes depend on its reputation in the market, which is impossible in the presence of a large number of court disputes. It is the systematic conduct of a legal audit of disputes that will allow not only to obtain actual results, but also to develop measures to prevent conflict situations or disagreements and use them for preventive purposes. The measures proposed in the article will improve the procedure for conducting a legal audit of disputes and systematize the issues of using the verification methodology in this area. Practical significance. The practical significance of the article lies in the fact that the conclusions obtained and the proposed aspects of the methodology of legal audit of disputes are the basis for the development of preventive measures for negotiations in conflict situations with employees, for the elimination of corporate conflict and violation of the rights of the client, in cases of assessing the prospects for pre-trial settlement of the dispute and when searching in this area for optimal options for further actions of the company. Originality. Legal audit of disputes is an important area in the company's activities due to the fact that in the process of its implementation, not only an analysis of a dispute arising with the participation of the organization on the application of legal norms is carried out, but also what is most in demand and important is the development of options for resolving these disputes and analyzing the prospects for their resolution in favor of the company. At the same time, this area of audit has not been fully investigated and presented for practical application.
How to Cite:
Liudmila V.K., Yulia A.Z., (2022), LEGAL AUDIT OF DISPUTES. Economic Problems and Legal Practice, 1 => 36-44.
Reference list:
Arbitration Procedural Code of the Russian Federation No. 95-FZ dated 07/24/2002 (as amended on 07/01/2021, with amendments. dated 22.07.2021).
Civil Code of the Russian Federation No. 51-FZ dated 30.11.1994 (as amended. from 28.06.2021 No. 225-FZ).
Civil Procedure code of the Russian Federation of November 14, 2002 No. 138-FZ (as amended on 01.07.2021).
The code of Administrative Offences from 30.12.2001 № 195-FZ (ed. from 01.07.2021).
Malinina, L. Yu. A contract for the provision of audit services: legal and economic aspects: monograph / L. Y. Malinin. -Moscow: INFRA-M, 2020. 103 p.
Audit methodology: procedures, tips, recommendations: monograph / D. Y. Samygin, N. G. Baryshnikov, A. A. Tuskov [et al.]; edited by N. G. Baryshnikov. -Moscow: INFRA-M, 2020. 231 p.
The Tax Code of the Russian Federation. Part One of July 31, 1998 No. 146-FZ. Part Two of August 5, 2000 No. 117-FZ.
Parasotskaya N.N. Accounting: modern challenges, priorities and ways of development. volume 4. Monograph / N.N. Parasotskaya. -M.: Rusajns, 2018. 352 p.
Romaninina V. V. Legal support of professional activity: textbook for SPO. Moscow: Academy, 2016. 222 p.
Suglobov, A. E. Methodological support of the audit of organizations in the conditions of insolvency (bankruptcy): monograph / A. E. Suglobov, A. I. Vorontsovas, E. A. Orlova. -Moscow: RIOR: INFRA-M, 2020. 173 p.
The Labor Code of the Russian Federation No. 197-FZ of December 30, 2001 (as amended on 06/28/2021).
Federal Law No. 127-FZ of 10/26/2002 «On Insolvency (Bankruptcy)».
Keywords:
audit of disputes, classification of disputes, audit stages, typical violations, legal audit, preventive measures, conflict situations, pre-trial settlement.


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