Rules for the preparation of management documents. Giving documents legal force. Definition of the concept “legal force of a document”. Details that give the document legal force Legal force of an electronic document
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The use of written information in management activities is possible subject to certification of its officiality, reliability and authenticity. In order for a management document to be indisputable and binding, it must comply with legal norms, and the official who issued it must act within the limits of his authority. These properties of the document are defined by the concept of “legal force of the document”.
Legal force of the document- a property of an official document conveyed to it by the current legislation, the competence of the body that issued it and the established procedure for execution.
Thus, the governing body or official issuing the document is obliged to:
Comply with current regulations when preparing the document
legislation;
- issue documents only within its competence;
- comply with current national rules for the preparation and execution of documents.
Consequently, the legal force of a document is determined by both the content and form of the document.
Let's consider the details that determine the legal force of the document.
The previously discussed details of the form (“name of the organization - the author of the document” and “place of preparation or publication of the document”) are also details that give the document the necessary legal status.
Detail 11 “Document date”. The date of the document is the date of its signing or approval, for the minutes - the date of the meeting, for the act - the date of the event. For notarized documents, the date of the document may be the date of its notarization. Documents issued by two or more organizations must have the same (single) date.
The date of the document is written in Arabic numerals in the following sequence: day of the month, month, year. The day of the month and month are written in two pairs of Arabic numerals separated by a dot, the year in four Arabic numerals, for example, 01/12/2007. A verbal and digital method of formatting the date is allowed, for example, January 12, 2007, as well as formatting the date (usually for correspondence with foreign partners) in the following sequence: year, month, day of the month, for example: 2007.01.12.
Detail 12 “Document registration number” consists of its serial number in the registered array of documents (contracts, orders, outgoing letters, etc.), which can be supplemented at the discretion of the organization with a case index by nomenclature, information about the performer, correspondent, etc. This detail is a unique document identifier in the information enterprise array.
The registration number of a document compiled jointly by two or more organizations consists of the registration numbers of documents of each of these organizations, separated by a slash in the order in which the authors are indicated in the document.
Registration of a document, recording the fact of its passage through a given management system, gives the document official character. Simultaneously with the registration of the document, the office management service checks the correctness of the selected form, the authenticity of the signature of the official indicated in the document, the completeness of the document’s endorsement, etc.
Props 16 “Document approval stamp” drawn up on documents that cannot be put into effect by the officials who signed them. Such documents acquire legal force after approval by the head of the organization, a collegial management body or a higher authority or management body.
For example, job descriptions for employees of an enterprise are drawn up on a common form, they are signed by the head of a structural unit and must be approved by the head of the enterprise.
Approval can be carried out in two ways that have equal legal force: by an official or by a specially issued document.
In the first case, the document approval stamp must consist of the word APPROVED (without quotation marks), the title of the position of the person approving the document, his signature, initials, surname and date of approval.
When approving a document by another document: resolution, decision, order, protocol - the approval stamp consists of the word APPROVED (APPROVED, APPROVED or APPROVED), the name of the approving document in the instrumental case, its date, number. The word APPROVED agrees in gender and number with the name of the type of document being approved.
Examples of props design
The document approval stamp is located in the upper right corner of the document (Appendix 7).
When a document is approved by several officials, their signatures are placed at the same level.
After approval of a document, it is not allowed to make changes or additions to it without the permission of the person who approved the document. Responsibility for the quality of preparation of documents and the reliability of the data contained in them rests with the persons who prepared, endorsed and signed the documents.
Props 22 “Document signature”- the most important and ancient requisite of a management document. It is believed that it arose simultaneously with the emergence of writing.
For example, references to the use of signatures are found among the Babylonians in the era of King Hammurabi (c. 2300 BC), in the Bible - in the books of the prophets Daniel and Nehemiah (c. 500-400 BC). In Egypt during the reign of Cleopatra (69-30 BC) and in the Roman Empire under Julius Caesar (102 or 100-44 BC), the signature was already an integral part of documents.
The “Signature” detail includes: the title of the position of the person who signed the document (full if the document is not drawn up on the organization’s letterhead, and abbreviated for a document drawn up on the letterhead); personal signature; decryption of the signature (initials, surname), for example:
Vice President of the Association
regional enterprises AL. Borisov A.A. Borisov
or on a form
Vice President AL. Borisov A.A. Borisov
The details are placed 2-3 line spaces after the text of the document. When transcribing an official's signature, the initials and surname are printed with a space and at the level of the last line of the position title.
When signing a document by several officials, their signatures are placed one below the other in the sequence corresponding to the position held, for example:
CEO M.V. Larin M.V. Larin
Chief Accountant Z.V. Maryash Z.V. Maryash
When signing a document by several persons of equal positions, their signatures are placed at the same level.
The documents drawn up by the commission do not indicate the positions of the persons signing the document, but their responsibilities as part of the commission, for example:
Chairman of the Commission V.D. Banasyukevich V.D. Banasyukevich
Commission members A.N. Sokova A.N. Sokova
O.I. Ryskov O.I. Ryskov
The document may be signed by an acting official. In this case, indicate his actual position (for example, acting director) and the transcript of his signature (initials and surname). It is not allowed to put the preposition “For”, handwritten inscription “Deputy.” or a slash before the job title.
Signature right management documents, as a rule, are the competence of the head of the organization or his deputies in accordance with the distribution of their responsibilities. It is established by organizational (charter, regulations on the organization) and administrative (orders) documents of the organization.
In the organization's charter it is regulated what rights are vested in representative and executive (sole and collegial) management bodies, as well as the signing (approval) of which documents falls within the competence of the relevant body. The procedure for activities and decision-making by the head of an organization can be established in an agreement between him and the participants (founders) of the organization, as well as in local regulatory documents of a legal entity.
The manager manages current activities, he has unconditional right to sign documents(within its competence in accordance with the constituent documents).
Regulation of the right to sign is especially important when there are a large number of documents signed per day. In this case, the manager can (and from the position of effective management is obliged) delegate your powers, those. transfer part of their rights and responsibilities in making decisions (signing documents) and in carrying out their actions to their subordinates, who also accept responsibility for them.
Such a distribution of powers is formalized by an order from the manager, in which he defines the boundaries of decision-making and the degree of responsibility of subordinates. Certain powers can also be transferred on the basis of a power of attorney.
Electronic documents can be signed using electronic digital signature technology, some aspects of the application of which will be discussed in the following chapters of the manual.
Props 23 “Document approval stamp.” Draft documents prepared by one organization and affecting the interests of another can be agreed with it by affixing an approval stamp to the document.
It is drawn up on the last sheet of the document below and to the left of all signatures.
When agreeing on a document with a higher-level organization, a situation may arise that the document will be approved by an official who is higher in the management hierarchy than the manager signing the document. In this case, the advisory nature of the standard allows you to change the position of the details, and the approval stamp can be placed at the top of the document.
The approval stamp includes the word AGREED, which is printed in capital letters and without quotation marks.
When approving a document, an official indicates the position of the manager, containing the name of the organization with which the document is being approved, his personal signature, surname, initials and date.
It is possible to agree using another document: a letter, protocol, etc. In this case, indicate the name of the document, its date and number.
Examples of props design
"Approval stamp"
Props 25 “Seal imprint”. The history of the emergence of a seal as an element of a document, as well as a signature, dates back thousands of years. In ancient times, the use of printing was widespread both in business relations and in personal communication. Very often, the seal replaced the handwritten signature of its owner.
In modern office work, the use of signature and seal is clearly distinguished. The signature can be used both for interpersonal and business contacts, i.e. it is a universal means of authenticating a document and giving it legal status. The seal, as a means of certifying the authenticity of a signature and confirming its legal force, is used only in official documents of the organization.
The seal is affixed to the originals of organizational documents (charters, regulations, rules, instructions), as well as documents certifying the rights of officials, facts of expenditure of funds and material assets, etc. The seal is also used to certify copies of official documents of the organization.
The seal should be affixed in such a way that the imprint captures part of the words of the name of the official signing the document and the beginning of the personal signature. On documents of a financial nature, the seal is affixed to a specially designated place - the symbol “M.P.”
Seals are divided into official seals and seals of legal entities. An organization can also use simple seals of individual structural units (HR department, archive) or for individual operations (“for packages”), etc.
The procedure for production and storage of seals is regulated by the legislation of the Russian Federation. The place where the seal is stored and the person responsible for its storage is determined by the order of the head of the organization.
Thus, the officialness and authenticity of the document is confirmed by the presence and correct execution of the details: “name of the organization - the author of the document”, “registration date”, “registration number”, “place of publication”, “signature”, “seal imprint”.
In accordance with legal norms, including local legal acts that define the powers of officials of the organization, to give documents legal force, in addition to the “signature” requisite, approval and approval stamps can be affixed.
The main requisite of the management document - “text of the document” - must also comply with the norms of the current legislation.
- Examples of registration of individual details are given using GOST R 6.30-2003 “Unified documentation systems. Unified system of organizational and administrative documentation. Documentation requirements."
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1 ?. The concept of “legal force of a document”, its consolidation in the state standard.
GOST 51141-98 “Office management and archiving. Terms and Definitions". The legal force of a document is a property of an official document imparted to it by the current legislation, the competence of the body that issued it and the established procedure for execution.
2?. Information on the document form. Contents of the document, its mandatory nature. Composition of the document identification: approval, signature, seal impression.
For a document to have legal force, it must be:
Properly formatted;
Do not contradict the content of the current legislation;
Be published by an organization entitled to do so.
The absence of the necessary details or their incorrect execution may lead to the fact that the document will not have legal force (for example, there is no signature or date). If it does not contain a title to the text or a note about the performer, then this will only lead to certain difficulties in working with the document, but will not affect its legal significance.
The legal force of a document is ensured by a set of details established for each type of document - mandatory elements for the preparation of an official document. The main document establishing the composition of the details and requirements for their execution is GOST R 6.30-2003 "Unified documentation systems. Unified system of organizational and administrative documentation. Requirements for document preparation." Mandatory details that ensure the legal validity of documents are:
Name of the organization (official) - the author of the document;
Name of the document type;
Document date;
Registration number;
Document approval stamp;
Signature;
According to some sources also: approval visa, copy certification mark, reference information about the organization.
Signature is a mandatory requisite of any document; An official, by signing a document, assumes responsibility for the authenticity of the document and for all possible consequences of the execution of the document.
Document date– one of the most important details of the document. The absence of a date on a document makes it invalid.
Seal– a legally significant requisite, used to certify the signature of an official on the most important (or financial) documents.
Approval stamp– some documents acquire legal force only from the moment of their approval by the head or a higher authority.
Registration number is an additional guarantee of the authenticity of the document. It indicates that the document has gone through all stages of processing, has been registered and is thus an official document of the enterprise.
Legislative and regulatory framework for personnel records management
Structure of the legislative and regulatory framework for personnel records management:
1. Laws of the Russian Federation.
2. Decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation; Methodological documents of organizations, local executive authorities on personnel records management.
3. Regulatory acts of the State Standard of the Russian Federation, ministries, departments, federal executive authorities.
Labor and pension legislation on the mandatory documentation of work with personnel.
· Labor Code of the Russian Federation. This is the basic law that a personnel specialist of any organization must follow in his work. Labor Code norms regulate the procedure for hiring and dismissing employees, organizing their working time and rest time, conditions for paying wages, and providing employees with various benefits and compensation.
· Qualification directory for positions of managers, specialists and other employees (Approved by Resolution of the Ministry of Labor of Russia dated August 21, 1998 No. 37 (as amended on April 20, 2001): one of the job responsibilities of the head of the personnel department is to ensure the preparation of documents on pension insurance, as well as their submission to the social security authority. Rules for applying for a pension, assigning a pension and recalculating the amount of a pension, transferring from one pension to another in accordance with the Federal Laws “On Labor Pensions in the Russian Federation” (dated December 17, 2001 No. 173-FZ) and “On State Pensions in the Russian Federation " law( dated December 15, 2001 No. 166-FZ) (approved by the resolution of the Ministry of Labor of Russia and the Pension Fund of the Russian Federation dated February 27, 2002 No. 17/19pb; registered with the Ministry of Justice of Russia on May 31, 2002 (registration No. 3491); published in Rossiyskaya Gazeta on June 5, 2002 ).
Presentation of personnel documentation when carrying out supervisory and control activities by the bodies of the Federal Labor Inspectorate, other federal and public supervisory and control bodies; prosecution authorities.
· In accordance with the provisions Labor Code of the Russian Federation, the state labor inspectorate is empowered to supervise and control employers' compliance with labor laws. State labor inspectors have broad rights in the exercise of supervision and control, they have the right to freely visit organizations of all organizational and legal forms and forms of ownership, as well as employers - individuals, at any time of the day, in the presence of standard certificates, for the purpose of conducting inspections, to request from employers and their representatives documents, explanations, information necessary to perform supervisory and control functions.
· Federal Law of the Russian Federation of July 27, 2006 No. 149-FZ “On information, information technologies and information protection.” Based on this law, all work of the personnel department with the personal data of employees is based. For example, the question of how the information received from an employee when he starts working will be processed and where will be stored.
· Law of the Russian Federation of July 29, 2004 No. 98-FZ “On Trade Secrets”. It establishes a list of information that may constitute a trade secret of an organization, a list of employees who have access to it, a procedure for familiarization with secret data, as well as responsibility for the dissemination of confidential information.
· Law of the Russian Federation of July 17, 1999 No. 181-FZ “On the fundamentals of labor protection in the Russian Federation.” The provisions of this document make it possible to competently build a labor protection system in an organization. If a violation of labor protection and safety rules is detected, the labor inspector brings the guilty officials to administrative responsibility.
· Law of the Russian Federation of August 8, 2001 No. 134-FZ “On the protection of the rights of legal entities and individual entrepreneurs during state control (supervision).” The law gives an idea of the rights and responsibilities of the employer when conducting various inspections in the organization. For example, the law talks about documents that an employer has the right to demand from an inspector when he appears in an organization, about the right of a company representative to be personally present during an inspection, and about how an organization can appeal unsatisfactory inspection results.
Legal force- this is a property of an official document imparted to it by the current legislation, the competence of the body that issued it and the established procedure for execution. The absence of necessary details or their incorrect execution may lead to the fact that the documentwill not have legal force(for example, no signature or date). If it does not contain a title to the text or a note about the performer, then this will only lead to certain difficulties V work with the document, but will not affect its legal significance.
Mandatory detailsensuring the legal force of documents, are:
name of the organization (official) - the author of the document; name of the document type; document date; registration number; document approval stamp; text; signature; seal.
Signatureis a mandatory requirement for any document. Official signing in the document, assumes responsibility: for the authenticity of the document; for all possible consequences of the execution (putting into effect) of the document.
Signature right is provided to certain persons and may be fixed: in the charter of the enterprise; in the regulations on the enterprise (on the structural unit); in the instructions for office work; in the employee’s job description; in the order on the distribution of responsibilities.
The documents of the organization are signed by the director or his deputies. Documents of structural divisions are signed by their heads.
On a number of issues, other employees, for example, leading specialists of the enterprise, may have the right to sign. The signature is placed on the first copy of the document, and, if necessary, on other copies, for example, when concluding an agreement.
Document date- one of the most important details of the document. The absence of a date on a document makes it invalid.
Seal- legally significant requisite And used to certify an official’s signature on the most important (or financial) documents. The seal indicates: about the authenticity of the document;
about the document’s affiliation with the organization indicated on the seal. The stamp is affixed on documents whose publication entails:
any legal consequences, for example the creation or reorganization of an enterprise;
material consequences, for example, the transfer of material assets, certification of the right of an organization or individual to something.
Approval stamp- some documents acquire legal force only from the moment of their approval by the head or a higher authority.
An approval stamp is a requisite of an official document that gives a normative or legal character to its content. The following are subject to mandatory approval: charters, regulations on enterprises (branches); staffing schedules; inspection reports, acceptance certificates; job descriptions; estimates, business plans, reports And etc.
Registration numberis an additional guarantee of the authenticity of the document. It indicates that the document has gone through all stages of processing, has been registered and is thus an official document of the enterprise.
To give legal effect electronic document used electronic digital signature.
An electronic document is recognized as legally significant only if the verification of the authenticity of the electronic digital signature is positive.
Electronic digital signature(EDS) - a requisite of an electronic document, intended to protect this electronic document from forgery, obtained as a result of cryptographic transformation of information using the private key of an electronic digital signature and allowing to identify the owner of the signature key certificate, as well as to establish the absence of distortion of information in the electronic document.
Digital signature in an electronic documentequivalenthandwritten signature in a paper document subject to the following conditions:
the signature key certificate issued by the certification center is valid at the time of signing the electronic document; the authenticity of the electronic digital signature in the electronic document is confirmed;
an electronic digital signature is used in accordance with its information specified in the signature key certificate. Thanks to this technology the result is an electronic document: having legal force; confirming the authorship of the document; confirming the absence of distortion of information in the document.
In order to copy had a paper document the legal force of the original, her must be certified according to established order.
For this purpose, the details are provided"copy certification mark"which contains: certification inscription “Correct”; position of the person who certified the copy; his signature; date of certification;
printing (for the most important or external documents). Certification is carried out by the company itself or, if necessary, by a notary.
In accordance with regulatory legal acts or by agreement of the parties, a paper document with a seal, when converted into an electronic document, can be certified by an electronic digital signature of an official. Enterprises are allowed to certify:
copies of documents submitted by citizens when applying for work or study;
copies of documents for solving social problems of workers. Copies are certified at the enterprise: head of the organization; official (head of the human resources department).
A document on computer media acquires legal force provided that the requirements for its execution are met, which are listed below and comply with GOST 6.10.4-84.
The document on computer media must be recorded, produced and marked in accordance with the requirements of GOST 12065-74, GOST 20598-80, GOST 8303-76, GOST 25752-83, GOST 25764-83, GOST 6.10.1-80, GOST 6.10. 2-83, GOST 6.10.3-83, GOST 2.003-77, GOST 2.301-77 - GOST 2.034-77, GOST 1977-74, GOST 1978-74, and the information is encoded according to all-Union classifiers of technical and economic information. In the absence of the necessary information in all-Union classifiers, it is allowed to use codes of registered interindustry classifiers.
The machine diagram must be created taking into account the requirements of state standards for unified documentation systems.
Recording a document on computer media and creating a typogram must be carried out on the basis of data recorded in the original (primary) documents received through communication channels from automatic recording devices or in the process of automated problem solving.
A document on computer media or a typographic document must contain the following mandatory details:
Name of the organization - the creator of the document;
Location of the organization that created the document or postal address;
Title of the document;
Date of production of the document;
The code of the person responsible for the correct production of a document on computer media or a typed document, or, as a rule, the code of the person who approved the document.
Mandatory document details on computer media should be placed in a manner that allows the details to be clearly identified.
Mandatory details of the machine diagram should be printed and placed in accordance with the requirements of state standards for unified documentation systems.
The detail “Name of the organization - the creator of the document” must be written in the following form: identification code according to the All-Union Classifier of Enterprises and Organizations (OKPO) and the name of the organization. It is allowed to use established abbreviated names.
For organizations that do not have the rights of a legal entity, the OKPO code of the organization to which they are subordinate should be indicated.
The detail “Location of the organization that created the document” must be written in the following form: identification code according to the All-Union Classifier “System for designating objects of the administrative-territorial division of the USSR and Union republics, as well as populated areas” and the name of the locality where the organization is located.
The detail “Name of the document” must be written in the following form: identification code and name of the document form according to the All-Union Classifier of Management Documentation (OKUD) for all-Union documents or the industry (departmental), republican classifier of management documentation - for industry (departmental), republican document forms .
The detail “Date of document production” must be recorded in accordance with the requirements of GOST 6.38-72 and the time of recording the document must be indicated, allowing it to be identified with the machine protocol.
The details “Code of the person responsible for the correct production of the document on computer media and the typogram” or “Code of the person who approved the document” must be written in the following form: identification code and position, surname of the person responsible for the correct production of the document on computer media and the machine diagram, or the person who approved the document. The ownership of the code by a specific person must be registered with the organization that created the document on computer media or that produced the machine diagram, and technical software tools and organizational conditions must be created that exclude the possibility of using other people's codes.
Originals, duplicates and copies of documents on computer media and typographs obtained by standard software of a given computer system have the same legal force if they are drawn up in accordance with the requirements of this Standard.
The original of a document on computer media is the first time record of a document on computer media containing an indication that this document is an original.
The original of a machineogram is the first copy of a document on paper printed by means of computer technology and containing an indication that this document is an original.
It is important to remember that according to GOST R 6.30-97, the identifier of an electronic copy of a document is a mark (footer) placed in the lower left corner of each page of the document and containing the name of the file on computer media, the date and other search data installed in the organization.
Duplicates of a document on computer media are records of a document on computer media that are more recent in time, authentic in content, and contain an indication that these documents are duplicates.
Duplicates of a machineogram are all later, authentic in content printouts on paper containing an indication that they are duplicates.
Copies of a document on computer media or a mashinogram are documents copied from an original or a duplicate on a computer medium or a mashinogram to another storage medium, authentic in content and containing an indication that these documents are copies.
Duplicates and copies must preserve the mandatory details contained in the original document on computer media or a typed document.
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