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Table of contents
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Role and responsibilties
The Legislation and Legal Advice Department (hereafter referred to as LLAD) is involved in providing legal advice for all military bodies, (with an emphasis upon the General Staff wing and the numerous Corps) and to those dealing with the MAG Corps in the diverse legal fields of statutory and administrative law, contract law, tender law, employment law, planning and construction law, medical law and technology regulations etc. The LLAD manages the handling of answers to proceedings before the Supreme Court of Justice and additional legal jurisdictions concerning these subjects and assists the state legal service in presenting the army's position.
Additionally, the LLAD functions to address legislation in its preliminary stages, secondary legislation and military orders, by proposing amendments to drafts in an effort to influence initiatives during their various stages of review, both in the kenneset (legislator) and government.
The department's officers' collectively participate in discussions concerning staff works which occur in the IDF's various component bodies. It further assists, by means of providing legal advice in the consolidation of policy and procedure.
The LLAD is responsible for managing the preparation of legal documentation which is requisite for the IDF's various causes (contracts, obligation charges etc) and also represents the IDF before the many governmental ministries and other civilian bodies, necessary for the army to carry out its functions. The LLAD, is assigned around 45 legal officers and 10 regulars, divided between participation in advice and legislation.
The legislative field
In the legislative field, the LLAD is involved in all statutory stratums: primary legislation, secondary legislation and military orders. The LLAD addresses legislation that is discussed and debated in the Kenneset, via amongst other things, in drafting and distributing a legal memorandum which proposes initiatives and phrases legislative alterations. And also, by presenting the army's position in ministerial and parliamentary committees.
Notable documents:
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The Defense Services Act (integrated text) 1986.
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The Military Jurisdiction Act 1955.
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The IDF Permanent Services Pension Act (integrated text) 1985.
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The IDF Radio Broadcasting Act 2005.
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The Military Deferral for yeshiva students pursuing a Torah life Act 2002.
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Registration of equipment and IDF enlistment Act 1988.
The consultative sphere
This department is involved in a range of areas, a number of which are outlined below:
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Giving legal opinion in diverse fields, combining military, public, civilian and commercial law.
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Providing assistance to the state legal service, when responding to appeals submitted to the Supreme Court and civilian litigation against the IDF and security system. This is, in order to reduce petitioning to the Supreme Court and lawsuits which concern topics that are related to the administered territories and those which are being pursued by the special prosecutorial branch.
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Assistance in the preparation of contracts, and providing legal advice in tender disputation, in collaboration with the Ministry of Defense.
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Representing the head of human resources before the permit committee, according to the Public Service (limitation after retirement) Act 1969.
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Giving legal advice concerning the assignment of payment for benefits, according to the IDF's voluntary services (benefits) law and representing the army before the appeals committee, who according to the aforementioned law prepares many written responses.
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Participation in the advisory committee considering ex gratia exceptions, for those seeking to elevate their medical profiles, upon having no future in the IDF.
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Providing legal advice for the administration of the IDF's information data bank, and in the realm of disclosing such material to public bodies.
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Fulfilling the directorial duties of such quasi foundations as "haver", "mahutz", "savings fund", "ocean horizon" (accumulative pensions) and "residence information" (Ltd).
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Participation in the advisory committee for discharging the obligations of those serving voluntarily.
The legal advisors
In the LLAD, officers act as permanent legal advisors to the IDF's bodies. A number of the advisors operate at the commands they provide legal services for, they function independently in conjunction with the chief of the LLAD, who commands and is responsible for their activities. Below is a brief explanation of the various legal advisors occupations:
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Legal advice for civilian, corporation and capital markets law
The unit organizes legal consultation for the civilian, corporation and capital markets areas and also develops legal knowledge in the interface between the various civilian legal fields, such as contract law, the law of torts, property law, employment law, corporation law, taxation law, environmental protection law and public law with the public and military areas that the LLAD is concerned. In general, this includes the areas related to the rights of the individual in the army, actions involving military real estate, legal regularization of military logistical equipment and the corporate activities of those connected to voluntary service.
Within this framework, legal advisors operate for "haver", the administration of housing, the personnel department, the victim's director, city liaison officers, retirement manager and the department of planning.
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The legal advice for communication and criminal areas
This unit operates under the communications, legislation and criminal branch. The branch gives legal advice to the teleprocessing flank, the army spokesman's division, army radio and the chief of military police. Within this framework it is involved in organizing advice for the following areas: contract law, tender regulations, media law, intellectual property law, penalty regulations and administrative law.
Amongst its diverse responsibilities, the branch responds to the legal ramifications of the IDF's development of technology; assisting in the ministry of defense's various communications; the many issues related to publications of the army spokesman and the legal aspects of army radio broadcasts. The legal advice undertaken for the chief of military police involves, amongst other things, the rights of those detained and imprisoned by the IDF.
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Legal advice for the medical corps
The legal advice branch provides consultation for the medical corps in matters pertinent to the law. The unit imparts legal opinion in the areas related to the administering of medical services in the IDF. Legal advice is directed towards legal proceedings which have been lodged against the corps (petitions to the Supreme Court and tort lawsuits). Additionally, the department is involved in the drafting of the legal aspects of procedural policies and orders.
The unit grants legal advice in partnership with the research committee "members of humanity" (Helsinki) and the medical corps ethics committee. Furthermore, the unit's legal advisors are permanent lecturers at the corps elementary courses.
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Legal advice for human resources
Its responsibilities include staff, regular conscripts, reserves and the army's civilian employees.
The staff legal advisor deals with questions concerning the unique legal position of permanent service members, founded upon military commands. Within the framework of his work, the legal advisor is required to address various and diverse issues regarding the mobilization of permanent service members and those discharged from the IDF, rank promotion, withdrawal of pension benefits etc.
The legal advisor for the organization of the employment of IDF workers deals with the domains which intersect between employment law –both in the collective and private sectors, and between administrative and military law. Within the framework of its undertakings, the unit is required to address varied and diverse issues relating to IDF employees and trainees rights, obligations and working conditions. The unit provides legal advice for both regular conscripts and reserves in conjunction with human resources and in particular, with the department of planning and management of manpower and the division 'maytav'.
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Legal advice for the Air Force
This unit trains in order to impart legal advice in partnership with the air force and space agency and all related fields, amongst them combat actions, human resources, interface with civilian bodies, air force bases, commander's authority and general matters of aviation etc.
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Legal advice for the Intelligence Corps
This unit grants legal advice to the chief officer, general staff and headquarters. Within this framework it provides consultation in all fields which the Corps has been assigned.
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Naval Legal Advice
The unit assists the Navy in a wide range of areas concerning the acting forces and their activities.
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Legal advice for the home front command
This unit provides legal advice for the commanders and general rank members of the home front command.
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