Giving documents legal force. Definition of the concept “legal force of a document”. Details that give the document legal force. What are the requirements for conducting personnel records?

The main feature of organizational and administrative documents is that they are internal documents. In other words, in order to develop and implement them, the participation of third parties or representatives of any other enterprises is not required. A decision of the management or other officials of the enterprise whose activities these documents relate to is sufficient. To sign external documents, contracts, invoices, work acceptance certificates, etc., the expression of will of representatives of only one legal entity is not enough. A decision is required by officials of at least two organizations that are not accountable to each other.

An internal document issued by an enterprise can be considered binding for employees only if it has legal force.

For a document to have such force, the following must be done:

• * the provisions contained in the document must strictly comply with legal requirements;
• * the document must be issued by an official of the management, department of the enterprise, who has the necessary powers for this;
• * document details must comply with accepted standards.
• * If these conditions are not met, the document may be declared invalid by the court.

Powers of enterprise employees to issue organizational and administrative documents

Before executing the instructions of a particular document, it is necessary to pay attention to the competence of the person who signed this document. If, when drawing up and signing it, an official went beyond the scope of his competence, the document has no legal force and is invalid.

The competence of the head of the enterprise includes all issues of management of current activities, with the exception of issues that only the general meeting of participants of the enterprise or the board of directors has the right to decide. The manager is the only employee who acts on behalf of the enterprise without a power of attorney.

But, according to the charter of the enterprise, the competence of the manager may be limited, and part of his “ordinary” powers may be transferred to the board of directors or the general meeting of participants. For example, the charter may provide that the manager does not have the right, alone, without the consent of the general meeting of participants, to enter into transactions in an amount exceeding 500,000 rubles. For such a transaction to be legal, the minutes of the general meeting of participants of the enterprise must be attached to the agreement, which must directly state that the meeting of participants approved this transaction. Otherwise, the contract (and transaction) may be declared invalid. In this case, the counterparty’s “explanations” that he did not know about the limitation of the powers of the head of the enterprise will not be accepted, since the charter of the enterprise is an open document. Firms and companies intending to enter into a contract with an enterprise can and should familiarize themselves with it.

The exclusive competence of the general meeting of participants of the enterprise includes issues that cannot be transferred to the management of the manager. For example, Federal Law of December 26, 1995 N 208-FZ “On joint stock companies"(Articles 48 and 79) the exclusive competence of the general meeting of shareholders includes decisions on making a major transaction for an amount that is more than 50 percent book value assets of the company. In this regard, the charter of a joint stock company cannot provide the general director with the right to carry out such a transaction. Otherwise, it will contradict the provisions of the Federal Law “On Joint Stock Companies”.

All other officials of the enterprise can resolve certain issues only in cases where they are authorized to do so by orders, powers of attorney, job descriptions, regulations, etc., signed or approved by the manager. When concluding contracts or when drawing up and signing other commodity and financial documents on behalf of the enterprise, the official must make reference to the name, number and date of the power of attorney, order or regulation on the basis of which it acts. Otherwise, representatives of third-party organizations will have the right to doubt whether this official really has the necessary authority.

The information carrier is a document. Each management document is a carrier of information and is used to collect, analyze, develop and make management decisions, and communicate them to direct executors, interested organizations or citizens. The main requirement for management documents is formality, reliability, and objectivity. This requirement is realized when the document is endowed with legal force, i.e., the condition under which the information in the document can be used in the field of management without doubting its reliability for carrying out any actions. At present, the indisputability and binding nature of a document is also determined by the concept of “legal force of the document.”

For management activities, the legal force of documents is extremely important, since they serve as a way of proving the information contained in them and represent one of the forms of expression of law. The legal force of a document is understood as indisputability and authority based on legislation. The legal force of a document presupposes its obligation for those to whom it is addressed, or for the circle of management participants (government bodies, their structural divisions, public organizations, officials, civil servants and citizens) who are guided by this document and base it on their activities or refrain from them.

Some documents, for example, legal acts of federal bodies of representative and executive power, judicial, prosecutorial, notary and arbitration acts, contractual documentation, initially have a legal function, establishing, consolidating and changing legal norms and legal relations or terminating them action. Other documents are endowed with a legal function if they are used as evidence in court, investigative and prosecutorial authorities, notaries, arbitration, etc. In management activities, the legal force of a document ensures its officiality for employees, as a given management system, as well as all other structures with which it is interconnected.

Legal force of the document- this is a property imparted to it by the current legislation, the competence of the body that issued it and the established procedure for registration.

From this definition it follows that the management body or official issuing the document is obliged to:

Comply with current legislation when preparing it;

Publish documents only within the limits of your competence;

Comply with the national rules for the preparation and execution of documents in force at a certain time.

Thus, the legal force of a document is determined by both the content and form of the document. For certain types Documents in the current rules of registration have developed requirements for details that certify their legal force.

To give the document legal forces are needed. requisites:

Name of the type of document;

Document date;

Reg. document number;

Signature;

Approval stamp;

Approval stamp;

Legislative acts defining the procedure for authenticating electronic documents .

So, an electronic document is given legal force by:

Required details;

Confirmation of the creator's authority;

The composition of the mandatory details is established by the following regulations:

Federal laws:

Federal Law "On information, informatization and information protection". It not only defines the most important concepts in the field of information, but also defines the goals of protecting information, as well as threats to information. This law defines the document as a mandatory condition for including information in the information. resources. In accordance with the law legal. the power of a document stored, processed and transmitted using an automatic machine. information and telecommunications. systems, can be confirmed electrically. signature.

IN Law of the Russian Federation "On Communications"issues of electronic documenting and organization of work with electronic documents are partially reflected. The law states that the development and provision of stable and high-quality communications is the most important condition for the development of society and the activities of the state. In accordance with Communication means, together with computer technology, constitute the technical basis for ensuring the process of collecting, processing, accumulating and distributing information.

Law of the Russian Federation "On state "secret" introduced the definition of 2 more concepts related to the problems of this topic: about methods and means of protecting secret information; about state programs and activities in the field of protecting state secrets.

The law regulates the activities of organizations that provide services for the distribution of integrated automated office management systems (IASD), which include an information security subsystem. A license to carry out the specified work is issued on the basis of the results of a special examination of the organization and the state. certification of its managers responsible for information protection, and the organization must fulfill a number of requirements.

Federal Law “On archival affairs in the Russian Federation” states that electr. Docs can be classified as Arch. fund of the Russian Federation. However, the regulations of the art. departments only in the most general terms relate to issues of acceptance for storage, ensuring safety, accounting and description of electronics. doc-v. Issues of creating and using electronic documents are resolved by some other departments independently.

Creation of electron. government is actually the main goal of the Federal Target Program “Electron. Russia”, in connection with which some provisions of the program are devoted to the organization of electronic document management.

Resolutions of federal executive authorities and GOSTs:

Goskomstat of Russia dated January 5, 2004 N 1 “On approval of unified forms of primary accounting documentation for recording labor and its payment”;

GOST R 6.30-2003"Unified documentation systems. Unified system of organizational and administrative documentation. Requirements for document execution", in accordance with which documents are drawn up.

Valid for electronic documents GOST 6.10.4-84 "Unified documentation systems. Giving legal force to documents on computer media and typographs created by means computer technology. Basic provisions." This Standard establishes requirements for the composition and content of the details that give an electronic document legal force, and also establishes the procedure for making changes to them.

For electronic messages - GOST R 53898-2010 “Electronic document management systems. Interaction of document management systems. Requirements for an electronic message." The standard specifies the format, composition and content of an electronic message.

The electronic document must contain:

Registration number;

Registration date;

Signature (code) of the person responsible for the correct production of the document or who approved the document;

Name of the organization - the creator of the document;

Location of the organization that created the document or postal address.

It is possible to use additional details, the main thing is that the required ones can be clearly identified.

Authenticity and Authenticity

The easiest way to ensure the authenticity of an electronic document is to use an electronic digital signature(EP). When assessing the evidentiary value of an electronic document, the court takes into account, first of all, the reliability of the methods of generation, storage, transmission and identification of the author. For this, in addition to electronic signature, a trusted system for processing electronic documents (trusted storage) is important.

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 that created 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 settlements” and name settlement 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 attribute “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 produced the machine code, and technical software tools and organizational conditions, excluding 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 printed using computer technology. on paper 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 increasingly recent, 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.

More on topic 33.. GIVING LEGAL FORCE TO DOCUMENTS ON MACHINE CARRIAGE:

1. Investigation of cases of illegal access to computer information
2. 33.. GIVING LEGAL FORCE TO DOCUMENTS ON MACHINE CARRIAGE
3. Topic 17. Giving enforcement force to debt and payment documents
4. Acceptance by a notary of documents drawn up abroad. Concept and requirements for the form and content of an apostille

The GAS system "Elections" is quite complex system and to ensure its efficiency of use, sustainability and reliability, introduced whole line formalities of an organizational and technological nature. The electoral process and the process of holding referendums is determined by the use of many documents on paper and electronic media. Such documents must have the same legal force. If traditional requirements are imposed on paper documents, then special requirements are imposed on electronic documents. It is no coincidence that the Law “On GAS “Elections”” stipulates the conditions for giving legal force to documents prepared using GAS “Elections”, since the results of the electoral process and the process of holding referendums are of great political importance.

Let us list the conditions for ensuring the authenticity of documents prepared using GAS "Elections":

• 1. Document on paper, prepared using GAS "Elections" in accordance with federal laws, acquires legal force after it has been signed by the relevant officials.
• 2. An electronic document prepared using GAS "Elections" acquires legal force after signing it with electronic signatures
• 3. Protocol, summary table of voting results, other summary documents prepared in in electronic format using GAS "Elections", acquire legal force in the order after mandatory verification in the prescribed manner using public keys electronic signatures of the authenticity of all original electronic documents, on the basis of which a consolidated electronic document is prepared.
• 4. In the process of entering into the GAS "Elections" system data an electronic document is generated and signed with electronic signatures relevant officials.
• 5. Compliance data electronic document data paper document confirmed by computer printout, which is signed by the relevant officials and attached to the reporting documentation. The fact of entering data into the State Automated System "Elections" and the formation of an electronic document signed with electronic signatures is recorded in a special journal.
• 6. Transfer of electronic documents to a higher election commission, referendum commission using GAS "Elections" is carried out exclusively after checking the reliability and authenticity of electronic signatures, affixed to each transmitted document using public keys of electronic signatures.
• 7. Test results confirmed by a computer printout of the inspection protocol. This printout is signed by officials in the prescribed manner and attached to the reporting documentation. The fact of transfer of data to a higher-level election commission or referendum commission is recorded in a special journal of the lower-level election commission or referendum commission.
• 8. The authenticity of electronic signatures affixed to each electronic document received by a higher election commission, referendum commission from a lower election commission, referendum commission, verified using electronic signature keys. The fact of checking the accuracy of received electronic documents is confirmed computer printout of the inspection protocol. This printout is signed by the relevant officials in the prescribed manner and attached to the reporting documentation. The fact of such verification is also recorded in a special journal.

The discrepancies between the preliminary and final election results can amount to thousandths of a percent and are explained not by some shortcomings of the electronic or “paper” method, but by the delay in the transmission of data from some particularly remote points of the country. These differences do not in any way affect the actual outcome of the elections.

During elections and referendums, ballot processing complexes integrated into the Elections GLS network can be used as the final peripheral equipment of the system at polling stations. They have already been used experimentally in elections in a number of regions of the country. During these events, various engineering and technical solutions to the problem of automatic vote counting and information transmission were tested, and also make it possible to automatically summarize the results of various types of voting in just 20-25 minutes after the end of voting.

Along with saving time, the system allows checking the authenticity of ballots synchronously with voting, technically guaranteeing the protection of voting results from falsification, and providing a visual demonstration of the election process in all regions of the country in real time. On election day, the interim voting results according to the schedule are received by the Central Election Commission of Russia in the form of statistical, schematic, text, audio and visual information and after processing are promptly transmitted to the media.