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Organizational and administrative documents. Organizational and administrative document: description, types, requirements and features Types of documentation related to administrative

"Personnel question", 2012, N 7

ORGANIZATIONAL REGULATORY DOCUMENTS

The main purpose of administrative documents is to regulate and coordinate activities that allow the governing body to ensure the implementation of the tasks assigned to it, to get the maximum effect from its activities.

The decisions recorded in the administrative documents may relate to improving the organizational structure of the institution, determining or adjusting the means and methods of carrying out the main (production) activities, providing the organization with financial, labor and other resources.

Taking into account the scope of activity, administrative documents can be divided into the following levels:

Legal acts of the federal level (decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, etc.);

Legal acts at the level of the constituent entities of the Russian Federation (legal acts issued by regional, regional, city legislation);

Legal acts of organizations, institutions, enterprises (orders, instructions, orders).

The procedure for issuing regulatory documents itself includes the following stages:

1) initiation of a decision, or the validity of the need to issue an administrative document;

2) collection and analysis of information on the issue;

3) preparation of a draft administrative document;

4) approval of the draft document;

5) revision of the draft administrative document;

6) making a decision or signing a document;

7) bringing the administrative document to execution.

General requirements for the execution of administrative documents are established by GOST R 6.30-2003 "Unified documentation systems. Unified system of organizational and administrative documentation. Requirements for paperwork".

An order is a legal act of the head of a management body, institution, organization, enterprise as a whole in order to resolve organizational, financial, personnel or other issues of their activities. Orders are issued on issues of core business and personnel.

The development of the draft order is carried out at the direction of the employer (head of the organization) by the heads of departments with the involvement of specialists. Drafting a project involves the collection and thorough study of the information and reference materials necessary on the merits (reports, memoranda, decisions, etc.), regulatory legal acts, government decrees, previously issued organizational documents, etc.

Orders of the head of the main activity can be issued jointly with the leadership of other organizations, institutions, enterprises.

The drafting of the text of the order should be started only after obtaining complete clarity on the essence of the issue, a clear definition of the purpose and task of issuing the order. The text is first written on a blank sheet of paper, edited, preliminarily agreed with the relevant officials and the main performers. The contradictions arising in this case in terms of execution, in ensuring the measures provided for by the order with material and technical means are resolved at the level of the head of the organization.

Responsibility for the quality of preparation of draft orders is borne by the heads of the departments that develop these projects.

The instructions contained in the draft order must be linked to previously issued administrative documents: have a link to them, cancel them or stipulate an adjustment. Mentions in the text of the names of authorities and administration, organizations, firms, structural units should be recorded in full accordance with their legally established spelling. Repeated orders on the same issue are allowed as an exception, with appropriate organizational and administrative implications.

Orders are issued on a special form and contain the following details:

The state emblem of the Russian Federation is depicted only if, in accordance with the current legislation, the organization is granted this right. Coats of arms are depicted on letterheads of authorities and administrations and organizations under their authority.

Emblem is a trademark or service mark;

Name of company;

Document type name - order;

Date and number of the document;

Place of publication;

Title to the text;

Signature;

The heading is a mandatory requisite of the order, therefore it should be formulated clearly, concisely, expressing the main content of the document. The title of the order should answer the question "About what?" For example:

"About carrying out repair work";

"On improving the quality of products."

The order consists of two parts: ascertaining and instructive. In the ascertaining part, the substantiation of the administrative actions is given. The justification for the action can be:

Formulation of the goals and objectives of the organization, description of the facts or events that led to the issuance of the order.

The administrative part of the document may be absent if the prescribed actions do not need clarification.

The ordering part of the document begins with the word "ORDER", which is printed in capital letters without spacing on a new line from the paragraph. The administrative part contains instructions, each of which is allocated as an independent item. Each item of the administrative part includes:

Job title, surname, initials of the performer or performers;

Order;

The deadline for the execution of the order.

Common options for the ascertaining part of an organization order may be as follows:

1) when the basis for issuing an order is a legislative, normative or legal act of a higher authority and administration;

2) when an order is issued in addition to or in modification of a previously issued order. In this case, the establishing part contains the date and number, the title of the relevant document;

3) when an order is prepared on an initiative basis in order to fulfill the current tasks of the organization.

When drawing up an order, it is necessary:

Link the proposals contained therein with previously issued documents on this issue in order to avoid repetitions or contradictions;

Present the text concisely, consistently, clearly, without allowing for another interpretation;

Indicate specific performers and real terms for the execution of orders;

Ensure the legally correct spelling of the names of departments, enterprises, organizations and institutions mentioned in it;

Indicate the structural divisions and officials who are entrusted with the control over the execution of the order;

Observe the terms of preparation of orders established by the management of the organization;

Indicate acts that are subject to cancellation or become invalid.

The text of the order must be written clearly, intelligibly, in compliance with all grammatical rules. Special (technical) terms should be used to the extent necessary and only generally accepted. In the text, you cannot use arbitrary abbreviations and abbreviated names of organizations, structural divisions, positions. It is unacceptable to use different terms to denote the same concept. It is inappropriate to use any kind of wishes in the order.

Since the order often provides for several actions, its administrative part is divided into paragraphs, and sometimes into subparagraphs. Each paragraph begins with an indication in the dative case of a responsible official, structural unit or organization, then the prescribed actions are stated in a concise imperative form and the timing of the actions is indicated.

With a significant amount of text in the draft order, only the main issues are set out, the rest of the text is placed in the appendix to the order. If there are appendices in the form of graphs, diagrams, tables in the text of the order, a link to the appendix is ​​given in the corresponding paragraphs of the administrative part. Accordingly, applications must be signed and numbered in the upper right corner.

Thus, the application is an integral part of the order. The publication together with the order of applications not mentioned in the order is not allowed.

In the process of developing an order, a mailing list is drawn up, which indicates the divisions, officials who are affected by the order. The office (secretary of the head), after the issuance of the order, organizes the familiarization of the organization's employees with its content. If necessary, the order is photocopied, certified with a simple seal and handed out to the performers. The executive in charge does not always need the full text of the order to complete the work. In this case, an extract from the order is made. In terms of the composition of the details and design, the extract practically does not differ from the order itself. The extract only specifies the name of the document - Extract from the order. Instead of the full text, the part of the order that directly relates to the responsible executor is printed. An extract from the order can be printed on a blank sheet of A4, A5 paper in an angular version of the location of permanent requisites in a flag manner. The extract is certified by the secretary and issued to the responsible executor.

Public corporation

"GROSMART"

01.04.2011 N 15-OD

Moscow city

Smoking ban

tobacco products

In order to reduce the fire hazardous situation and the harmful effects of tobacco smoke on the health of citizens

I ORDER:

2. For violation of this order, impose a fine of 500 rubles.

3. The heads of the structural divisions shall acquaint the employees with this order against signature.

4. Control over the execution of this order shall be entrusted to the leading safety engineer P. N. Mokhnaty

Director of the organization V.P. Petrov

Order

Order - a legal act issued by the head of an institution, organization, enterprise, acting alone. The order is in the nature of a mandatory order of the employer (manager) on the need for subordinate organizations, structural divisions and ordinary performers to perform certain actions within the period specified in the order. The right to issue an order may be vested with the deputy heads of the organization on issues of their competence, the heads of independent structural divisions, as well as the main specialists of the organization.

The right to issue orders by the head of the organization is enshrined in the constituent documents of the organization (charter, regulations), the right to issue orders by other officials is enshrined in organizational and legal documents, as well as administrative documents (regulations on divisions, job descriptions). Thus, the order is a way of communicating operational issues to the executors, has a limited period of validity and concerns a narrow circle of officials. In some cases, at the level of administration of the federal authorities, orders may be issued for a long period of time.

Order processing is carried out according to the same rules as orders. Orders are issued on a special form. The requisites of the order include:

State emblem of the Russian Federation, subject of the Russian Federation, logo, trademark of the organization;

Name of company;

Name of the type of document;

Date of the document;

Registration number of the document;

Place of preparation or publication of the document;

Title to the text;

Document text;

Application availability mark;

Signature;

Document approval stamp;

Document approval visa;

Artist mark;

A note on the execution of the document and its direction in the case;

The identifier of the electronic copy of the document.

The order often does not contain a stating part. In the event that the order contains a stating part, the text begins with the keyword: Offer or Obligate.

See below for an example of orders.

Public corporation

"GROSMART"

ORDER

Moscow city

About discipline

In order to enhance the safety of the production process and strengthen discipline

I OFFER:

1. From 01.04.2011, the entrance to the territory of the organization during the day is allowed only with a pass.

3. Heads of structural divisions to familiarize employees with this order.

Director V.P. Petrov

Resolution

A resolution is a legal act adopted by higher and some central federal executive bodies, acting on the basis of collegiality, as well as representative and collegial executive bodies of the constituent entities of the Russian Federation in order to resolve the most important and fundamental tasks facing these bodies and establish stable norms and rules. ...

The preparation of decrees and other normative legal acts of federal executive bodies is regulated by the requirements for the preparation of normative legal acts of federal executive bodies. The preparation, execution and publication of resolutions of the heads of the constituent entities of the Russian Federation, heads of cities and regions are determined by the relevant regulations for the work of the administrations of the constituent entities of the Russian Federation, cities and regions.

The draft resolution must meet the following requirements:

Comply with the current federal and regional legislation, the charter of the region, the agreement on the delimitation of subjects of jurisdiction and powers between the state authorities of the relevant region, previously adopted resolutions and orders of the head of the regional administration;

Be edited, have a concise and clear statement of the essence of the issue, with reasonable and formulated goals and objectives;

The resolution should not exceed three pages in volume, and the appendix to the resolution should not exceed five.

A decision is a legal act of a collegial or advisory body of federal executive structures, authorities of the constituent entities of the Russian Federation, public organizations, scientific councils of research institutes, universities, as well as the board of directors of enterprises and firms in order to resolve the most important issues of their activities. In terms of form and structure, the decision is drawn up similarly to a resolution.

The decision can also include joint administrative documents adopted by two or more collegial bodies or organizations, firms.

Resolutions and decisions are drawn up on forms and have the following details:

State emblem of the Russian Federation - if the organization has the right to a coat of arms;

The name of the superior body;

Name of the type of document;

Date and number of the document;

Place of publication;

Title to the text;

Signature of the head of the collegial body.

The text of the decision consists of two parts: ascertaining and instructive.

If necessary, the stating part may contain references to laws, previously issued regulations and other normative acts.

Journal Expert

Signed to print

  • HR administration

Keywords:

1 -1

Organizational and administrative documents are systematized according to the following functions:

- Creation of an organization, enterprise;

- Reorganization of an organization, an enterprise;

- Liquidation of an organization, enterprise;

- Privatization of state and municipal organizations, enterprises;

- Administrative activities of an organization, an enterprise;

- Organizational and normative regulation of the activities of an organization, an enterprise;

- Operational and informational regulation of the activities of an organization, an enterprise;

Views

The administrative system of documenting by types of documents is divided into three groups of documents.

1. Organizational and administrative documentation (ORD) - regulations, statutes, instructions, orders, decisions, protocols, staffing, regulations, etc.

2. Reference and information documentation (LED) - letters, telegrams, telegrams, reports, service, explanatory, explanatory notes, certificates, acts, etc.

3. Personnel documents (DLS) - orders, personal files, applications, work books, characteristics, questionnaires, resumes, contracts, etc.

Functions

The main function of regulatory documents is regulatory; intended purpose - regulation of activities, allowing the management body to ensure the implementation of the tasks assigned to it, to obtain the maximum effect from the activities of the enterprise.

The decision, recorded in the administrative documents, is aimed at improving the organizational structure, nature, content, means and methods of carrying out the main (production) activities of institutions, providing the organization with financial, labor, material, information and other resources.

Regulatory documents contain decisions that go from top to bottom in the management system: from the governing body to the managed one, from the superior organization in the subordinate one, from the head of the organization to the head of the current department and employees of this organization, etc. It is these documents that implement the object's vertical controllability.

In legal terms, a significant part of administrative documents refers to normative legal acts. They contain specific, legally authoritative instructions of the subjects of executive power. The specificity of such requirements is manifested in the fact that their addressees are specific institutions, structural divisions, officials or employees; they are legal facts that entail the emergence of specific administrative and legal relations.

Drafting

The style of office documents should be characterized by stylistic rigor and neutrality of presentation. The management documents of the organization are related to legal norms, therefore objectivity in the presentation style is characterized by the empirical and prescriptive nature of the document. In an official business style, there should be no emotionality, subjective evaluativeness and colloquiality. The official business style of documents must meet the requirements:

brevity and compactness of the presentation of the official document;

the accuracy and certainty of the wording;

uniqueness and uniformity of terms;

subsequence.

It is obligatory in the administrative documents to indicate the specific persons responsible for the execution, as well as the person who controls the course of execution. Availability of the date by which the order must be executed.

Registration rules

Documents consist of separate elements, which are usually called requisites (from Latin requisitum - required, necessary). The set of details of the document reflects its form. Therefore, in order for a document to meet its purpose, it must be drawn up in accordance with the form adopted for this category of documents. Their evidentiary (legal) force depends on the completeness and quality of paperwork, since they serve as evidence, confirmation of specific facts, phenomena, events.

Resolution of the State Standard of the Russian Federation of July 31, 1997 No. 273 adopted and put into effect from July 1, 1998 GOST R 6.30-97 "Unified system of organizational and administrative documentation". By the Decree of the State Standard of the Russian Federation of January 21, 2000 No. 9, this standard was amended to enter into force on April 1, 2000. This standard determines the composition of the requisites of organizational and administrative documents, the rules for their execution and location on documents, requirements for the production of forms and registration of forms with reproduction of the State Emblem of the Russian Federation and the emblems of the constituent entities of the Russian Federation.

In the new state standard, in comparison with the standard in force until 1997, 29 details are defined instead of 31. (Their location is shown in the diagrams in Appendix 1)

The document is legally binding if there are requisites that are mandatory for this type of document. For example, the required details for a letter are the name of the organization, postal address, addressee, title to the text, date, index, text, signatures, the artist's surname and his phone number.

In the process of preparing and drawing up a document, the composition of the details can be supplemented with other details, if required by the purpose of the document, its processing, etc.

It should be noted that often documents are drawn up on three types of forms: a service letter form, a form for a specific type of document and a common form for all other documents. These forms have an established set of permanent requisites with a longitudinal or angular arrangement. They are made mainly on A4 (210 x 297 mm) and A5 (148 x 210 mm) paper. Forms A3 and A6 are accepted.

Documents drawn up on behalf of two or more organizations are issued without a form.

Fire safety

List of fire safety documentation

Fire safety orders

1. Order for the organization "On the appointment of a person responsible for fire safety";

2. Order for the organization "On the determination of smoking areas";

3. Order for the organization "On the procedure for de-energizing electrical equipment in the event of a fire and at the end of the working day";

4. Order for the organization "On the appointment of a person in charge of electrical facilities";

5. Order for the organization "On the determination of the order and timing of fire safety briefing and training on the fire-technical minimum, as well as the appointment of those responsible for their conduct";

6. Order for the organization "On the appointment of a person responsible for the safety and readiness for action of primary fire extinguishing equipment and fire fighting equipment";

7. Order for the organization "On approval of the Fire safety instructions and the actions of the organization's personnel in the event of a fire";

8. Order on the organization "On the approval of a voluntary fire brigade";

9. Order for the organization "On the organization of training in the fire-technical minimum".

Fire safety logs

10. Object magazine "Working out the evacuation plan in case of fire";

11. Object magazine "Maintenance of fire extinguishers";

12. Object magazine "Testing and recharging fire extinguishers";

13. Object magazine "Registration of work permits for the production of gas hazardous works";

14. Object magazine "Maintenance of fire automatics";

15. Object journal "Accounting for inspections of a legal entity, individual entrepreneur, carried out by state control (supervision) bodies, municipal control bodies."

Fire safety instructions

16. Instruction on the object "On the procedure for personnel actions when the fire automatics are triggered";

17. On-site instruction "On the closure of production and auxiliary premises after the end of work";

18. On-site instruction "On rendering assistance to the victim";

19. On-site instruction "On electrical safety";

20. On-site instruction "On revision (cleaning) of air ducts of ventilation systems";

21. On-site instruction "On fire safety measures at the facility";

22. On-site instruction "On fire safety measures when carrying out events at facilities with a mass presence of people";

23. On-site instruction "Responsible for fire safety";

24. On-site instruction "On the operation of the internal fire-fighting water supply";

25. On-site instruction "On the requirements for the selection and operation of fire extinguishers";

26. On-site instruction "On the use of household pyrotechnic products by workers (citizens)."

27. Regulations on conducting fire safety briefings;

28. Tickets for the set-off at the fire-technical minimum;

29. A set of lectures for conducting a fire-technical minimum;

30. Test tasks for PTM;

31. Plan of fire-prevention measures for the year;

32. Program of introductory firefighting briefing.

To protect personal data

Organizational measures for the protection of personal data include the development of organizational and administrative documents, as well as the implementation of measures to protect personal data.

In accordance with paragraph 1 of Art. 23 of the Federal Law of 27.07.2006 No. 152-FZ "On Personal Data" and clause 1 of the Regulations on the Federal Service for Supervision in the Sphere of Communications and Mass Media, approved by the Government of the Russian Federation dated 16.03.2009 No. 228, by the authorized body for protection of the rights of subjects of personal data, which is entrusted with ensuring control and supervision over the compliance of the processing of personal data with the requirements of this Federal Law, is the federal executive body that exercises control and supervision functions in the field of communications and mass communications (Roskomnadzor).

Organizational measures are carried out at the enterprise, regardless of whether a notification was submitted to Roskomnadzor or not, PD processing is carried out with the use of automation tools or without their use.

The list of activities and required documents may vary depending on the specifics of personal data processing, organizational structure and other features of each individual enterprise.

Organizational and administrative documents are a set of acts used in the management sphere. They are divided into three groups. Let's consider them in more detail.

Organizational and administrative documents: classification

The enterprise uses various local acts in its activities. The system of organizational and administrative documents includes:

  1. Information and reference materials. These include correspondence (telegrams, letters, etc.), explanatory and memorandums, acts, contracts, reviews, conclusions, certificates, and so on.
  2. Organizational documents. They determine the legal status and key areas of activity of an enterprise, institution, as well as structural divisions. These include rules, charters, staffing tables, instructions, regulations, etc.
  3. Administrative documents of the organization. They formalize various assignments of collegial bodies and officials. Together with this, these acts act as a means of transmitting written orders to specific persons and subordinates. These include decisions, decrees, orders, decrees, and so on.

This list is not meant to be exhaustive. Organizational and administrative documents are also documents on personnel. These include cards, certificates, statements, characteristics. The protocol is distinguished separately. It combines the features of a reference and informational and administrative document.

general characteristics

Each of the above acts acts as a carrier of specific information. In accordance with this, it contains a set of components, the intended purpose of which cannot be called unambiguous. Some of the elements include information that reflects the phenomena in support of which the documents are drawn up. Other components carry information about the act itself, serving as its required attributes. At each specific enterprise, the procedure in accordance with which the execution of organizational and administrative documents is carried out is determined in the instructions for office work. It is developed by the company independently, taking into account the requirements of the legislation.

System of administrative documents

With the help of such acts, key administrative issues are resolved. The administrative document ensures the regulation and coordination of the activities of the enterprise, contributes to the implementation of the tasks assigned to the management bodies. The heads of any company have the right to issue such acts, regardless of its legal status, content and nature of activity, competence, structure, and so on. The administrative document contains a decision coming from the top: from the governing body to the subordinate, from the director of the enterprise to the departments and their employees. By means of such acts, the vertical administration function is realized.

Types of acts

According to the current legislation, the following types of administrative documents are distinguished:


Specificity

Resolutions, decisions, orders are taken in all cases concerning the need to issue an individual or normative act on key issues of the competence of the enterprise. Instructions, orders are issued for operational tasks. They are also necessary to ensure the execution of decisions, orders and orders. In the legal sense, all types of administrative documents are considered legal acts. They reflect specific imperative orders coming from the subjects of government. Their certainty lies in the fact that by means of administrative documents, issues and problems that have arisen in the field of administration are resolved. Specific institutions, officials, structural divisions, and ordinary workers are the addressees. An ordering document is a legal fact that determines the emergence of specific relations of an administrative-legal nature.

Foundations

The ordering document is accepted if the need arises:

Preparation of acts

There are certain regulatory requirements for administrative documents. There are three stages of their preparation:

  1. Study of the issue and development of the project.
  2. Coordination.
  3. Signing.

Structure

In the text of the document, as a rule, two interdependent parts are distinguished: ascertaining and administrative. The first serves as an introduction to the essence of the issue under consideration. It is necessary to substantiate the reasons for drawing up the document. For example, events, facts can be listed here, an order of a higher structure can be retold, for the implementation of which this act is approved. In this case, reference (search) data may be indicated. The establishing part is not considered mandatory if there is no need to explain the grounds for the adoption of the act. The main semantic load lies with the administrative part. It is presented in the form of a narrative.

Features of compilation

Depending on the type of document, the administrative part can start in different ways. In a collegial ruling, for example, the beginning may be: "Decides". At the disposal - "I propose", and in the order, respectively - "I order". These words are printed in uppercase letters or in lowercase letters. So they visually separate the ascertaining and administrative parts. These words are placed on a separate line from the left border. The content of the administrative part begins with a new line. If the text involves an indication of several performers or actions of different nature, numbered lists are used in it. Each paragraph specifies the person in charge, the task and the deadline for its implementation. The orders in the last section indicate the employee who is entrusted with the control of the execution of the document. Orders and orders must be signed by the head or deputy director. The act comes into effect from the moment it is certified or brought to the attention of the performers. In some cases, the term is indicated in the document itself.

Additionally

Joint homogeneous administrative documents of several organizations are issued in the appropriate form. For example, these can be orders or regulations. Joint administrative acts of bodies having the authority to adopt documents of different form are approved in the form of a general decision. It has the same legal effect as a single person. The author of the act establishes the form in which the content will be communicated to the structural divisions, subordinate enterprises, etc. In the absence of instructions on this, the organization solves this issue on its own.

An important point

The order document can be canceled or changed. For this, an act must be adopted by the enterprise itself or by a higher structure. This document is also instructive. The act may be suspended by authorized bodies. If the draft document concerns the interests of other companies, then it must be agreed with them. If there are disagreements, comments or a cover letter are attached to it, in which they are stated.

Unification

One of the key tasks of office work is considered to simplify the work with documentation, speed up their registration and preparation. To a large extent, the formation of standards contributes to the solution of this issue. Key requirements for the preparation of documentation are based primarily on the requirements of GOST. The standards provide general rules for the structure of acts, their mandatory details. Uniformity in the preparation of documents is facilitated by the maximum stencil and typing of texts. As a rule, in the acts, the required details are located on the right vertically. An enterprise can also use a longitudinal version of their indication. The unified system of organizational and administrative documentation has an interdepartmental character.

Conclusion

Organizational and administrative documentation, therefore, is a set of acts that fix decisions of administrative, managerial issues, the implementation of interaction, regulation and support of the work of power structures, officials, enterprises, institutions. Within the complex, there are three categories of securities. Among the most common organizational and administrative documents are staffing tables, rules, orders, decrees, orders, decisions, resolutions, contracts. They also include explanatory and memorandums, conclusions and others. Each document used in the organizational and administrative system is a carrier of certain information. They include various elements that differentiate them from each other. As a rule, when drawing up acts, an enterprise is guided by state standards, government regulations, guidelines and industry guidelines. At the same time, the organization can develop its own procedure, in accordance with which the execution of administrative documents will be carried out, taking into account the existing regulations.
The composition of the details used in the preparation and subsequent drafting of acts is established in GOST R 6.30-2003. This standard regulates a unified system, determines the procedure for preparing documentation. At the same time, the specified GOST establishes the rules for writing details, schemes for their location, separately indicates those elements that should be used in the manufacture of unified forms.

Among the many documents circulating in each organization, a special place is occupied by organizational and administrative ones, which fix decisions of administrative and organizational issues, as well as issues of interaction, support and regulation of the activities of state authorities of the Russian Federation, constituent entities of the Russian Federation, local governments, organizations, legal and individuals, regardless of ownership.

Organizational and administrative documentation includes organizational, administrative, information and reference documentation, documentation of collegial bodies, documents on personnel. Of this entire list, we will be interested in only one group of organizational and administrative documentation - administrative documents. In this article, we will try to figure out which documents are part of the administrative documentation, how they differ from each other, in which situations it is necessary to prepare an order or order, and in which, for example, an instruction.

The legal grounds for the creation of administrative documents in the activities of the organization are:

  • regulatory legal acts, including decrees of the Government of the Russian Federation, decisions of authorities;
  • specific instructions from higher authorities;
  • implementation of executive and administrative activities in order to perform the tasks assigned to it by the organization in accordance with its competence;
  • the need for legal regulation of the work of the management apparatus.

Composition of administrative documentation

Administrative documentation includes:

  • regulations;
  • solutions;
  • orders;
  • orders;
  • directions.

Resolution- a legal act adopted by the supreme and some central collegial management bodies in order to resolve the most important and fundamental tasks facing these bodies, and the establishment of stable norms and rules of conduct.

Solution- legal act collegial or advisory body of ministries, departments, committees, public organizations, academic councils of research institutes, universities, as well as the boards of directors of enterprises in order to resolve the most important issues of their activities.

Order- a legal act issued by the head of a public administration body (its structural unit), acting on the basis of one-man management, in order to resolve main and operational tasks facing this body. In some cases, it may concern a wide range of organizations and officials, regardless of their subordination.

Order- legal act issued alone the head, mainly of a collegial body of state administration in order to resolve operational issues. As a rule, it has a limited duration and applies to a narrow circle of organizations, officials and citizens.

Indication- a legal act issued by a public administration body mainly for informational and methodological issues, as well as on issues related to the organization of the execution of orders, instructions and other acts of this body and higher management bodies.

After analyzing the functional features of each document included in the set of administrative documentation, you can see that their main differences relate to:

1) the procedure for resolving the issues considered in them;

2) a list of issues considered in them.

Let's take a closer look at these differences.

■ Differences in administrative documents concerning the procedure for resolving the issues considered in them (on the basis of collegiality or one-man management). Let us clarify that the executive body represents the interests of the organization and acts on its behalf in relations with other enterprises, as well as state institutions. He embodies the will of the founders (participants), manages the current activities of the legal entity. However, it can be:

  • single-handed, in which the head of the governing body (enterprise, institution or organization) is one person who is authorized to make legally binding decisions (for example, the general director);
  • collegial, in which management is carried out by a group of persons with equal responsibilities and rights in resolving issues within the competence of this body (for example, the board (directorate)).

In the constituent documents of the organization, it is recorded what rights the general director (director) or the board (directorate) are vested with, and the procedure for approving (signing) documents that fall within the competence of the relevant executive body is also indicated there. Therefore, in order to understand the right to sign orders at the enterprise, it is necessary to carefully read the constituent documents. For example, we will give the following wording from the Charter:

8.5. General Director of the Company:

issues orders and gives instructions that are binding on all employees of the Company ...

In addition, the right to sign organizational and administrative documents issued by the sole executive body is reflected in the laws on the corresponding organizational and legal forms of legal entities.

Retrieving

from the Federal Law of December 26, 2005 No. 208-FZ "On Joint Stock Companies"

(as revised on 28.12.2010)

Article 69. Head of a joint stock company

2. [...] The sole executive body of the company (director, general director) acts without a power of attorney on behalf of the company, including representing its interests, concludes transactions on behalf of the company, approves the staff, issues orders and gives instructions that are binding on all employees of the company ...

Retrieving

from Federal Law of 14.11.2002 No. 161-FZ

"On state and municipal unitary enterprises"

(as revised on 02.07.2010)

Article 21. Head of a unitary enterprise

1. The head of a unitary enterprise (director, general director) is the sole executive body of a unitary enterprise. […]

The head of a unitary enterprise acts on behalf of a unitary enterprise without a power of attorney, including representing its interests, concludes transactions on behalf of a unitary enterprise in accordance with the established procedure, approves the structure and staff of a unitary enterprise, recruits employees of such an enterprise, concludes with them, changes and terminates labor contracts, issues orders, issues powers of attorney in the manner prescribed by law. […]

The general scheme for the classification of administrative documents, depending on the procedure for resolving the issues considered in them.

■ Differences in regulatory documents regarding the list of issues considered in them.

Decisions, regulations and orders issue in all cases when it is necessary to adopt a normative or individual act on major issues the competence of the organization (clause 2.1.4 of the SSSOU). The main issues of the organization's competence include issues related to the main area of ​​activity, whether it is production or sales, investment or construction, insurance or the provision of other services, issues related to financing, preparation of enterprise reporting, implementation of the planning function, personnel management, development of scientific and technical base.

Orders, instructions published on operational issues and to organize the execution of decisions, decisions and orders(p. 2.1.4 GSDOU ). Operational issues include issues of current events management, namely: operational planning, operational accounting, operational control, coordination.

How are things going with administrative documents in practice?

In the activities of commercial organizations, administrative documents adopted by the sole executive body are used: orders, instructions, instructions (as a rule, instructions are issued by government bodies, but the heads of enterprises also have the right to publish this kind of document). Sometimes, although very rarely, such an administrative document is issued as a decision taken by a collegial executive body. The resolution as an act of management issued by the supreme executive and administrative bodies of state power is of no interest to commercial organizations. Despite this, it should be borne in mind that resolutions can be adopted not only at the state level, but also by the heads of collegial bodies of public organizations on the main issues of their activities.

When is the order issued?

If the president of the company, general director, director of the enterprise or other sole executive body of the organization decides to issue a legal act on the main area of ​​activity, then in this case it will be necessary to prepare an order . The order reflects the most important issues related to the main activities of the organization. The purpose of issuing an order is to solve a specific problem facing the organization.

The order approves local regulations, nomenclatures, lists (for example, a list of persons entitled to use mobile communications, indicating the limits for each position), production development plans, plans for the commissioning of various objects, price lists, reports, organizational structures and staff schedules, accounting policy of the enterprise, standard forms of documents.

It should be remembered that a document can be approved not only by an order, but also by an official (i.e., the sole executive body), management board, directorate (collegial executive body). Sometimes the method of approval of a document (by a collegial executive body or a sole executive body) can be determined by legislation. For example, the Federal Law "On Joint Stock Companies" provides for the approval by the general meeting of shareholders of internal documents regulating the activities of the company's bodies, annual reports, annual financial statements, including profit and loss statements (profit and loss accounts) of the company, as well as distribution of profits (including payment (declaration) of dividends, excluding profit distributed as dividends based on the results of the first quarter, six months, nine months of the financial year) and losses of the company based on the results of the financial year.

In practice, there are two types of approval (by order and by executive bodies), but approval by order is more often used, since it allows not only to approve a document, but also to indicate when this document is put into effect.

The order approves the composition of various commissions (for inventory, destruction of the seal, write-off of fixed assets, etc.), working groups (for example, for the development of the main directions of the strategic development of the enterprise).

The order grants the right to sign any documents, cancels (revokes) powers of attorney, stops (suspends) the production of any types of products, equipment, introduces new types of products, determines the implementation of activities related to civil defense (for example, conducting a civil defense staff training) ), conducting various inspections (including branches), making seals, conducting an annual audit of an enterprise, switching to centralized procurement and supply of certain types of raw materials and materials, fire safety measures and strengthening security on holidays, preparing plans, etc. (Examples 1, 2 ).

When is the order issued?

If the head of the enterprise decides to issue a legal act on operational and current issues of the organization's activities, then it will be necessary to prepare an order. The order, in contrast to the order, is issued with the aim of solving individual (narrow, specific) issues that are necessary for the implementation of certain tasks of the enterprise. So, if the order approved the plan for the repair of the production workshops of the enterprise (i.e., the main stages, the timing of the process of modernizing the production facilities of the enterprise) (see Example 2), then the issue of preparing workshop No. 2 for repairs (Example 3 ), i.e. this is a separate issue within the framework of the general task of modernizing the production facilities of the enterprise.

The order, as a rule, concerns a narrow circle of employees and is not a long-term document.

An order can be issued on such issues as the provision of copies of documents (for example, contracts, invoices, consignment notes, etc.), the provision and approval of a vacation schedule, reporting materials, etc.

An order can also be prepared on issues related to the organization of the execution of orders, instructions and other acts of this body and higher management bodies.

When do you need to prepare an instruction?

Directives are usually issued by government bodies, but the head of a commercial organization can also issue such a regulatory document. Instructions can be issued on operational, informational and methodological, administrative issues or on issues related to the organization of the execution of orders, instructions, instructions. If the organization decides to use the instruction, then the instructions for office work should clearly delineate the purpose of orders, orders and instructions.

The peculiarity of the design of such an administrative document as an instruction, is that instead of the word "I ORDER" the words "OBLIGATE" or "OFFER" are used (Example 4).

When is the solution used?

If it is necessary to issue a decision of a collegial body (board, directorate, board of directors), a document such as a decision is used (Example 5). The decision concerns the main issue of the enterprise, in our example - the production of equipment.

It is necessary to take into account the following peculiarity of the design of the decision: the text of the decision, as well as other administrative documents, consists of a statement and an administrative part. In the administrative part, indicate the name of the collegial body that makes the decision, then the word "DECIDED" in capital letters on a separate line.

note

In practice, organizations usually use two types of administrative documents: an order and an order. Moreover, there are no regulations governing the use of this or that type of administrative documentation in commercial organizations. Therefore, the use of any administrative document should be provided for in the instructions for the organization's office work, but at the same time, the requirements enshrined in the constituent documents of your organization should be taken into account.

For example, the mayor of Moscow cannot issue orders, but only decrees and orders.

Retrieving

fromOf the Moscow Government Regulations

3.1.2. Decrees and orders of the Mayor of Moscow

The Mayor of Moscow, on issues within his competence, issues decrees and orders that are binding on the entire territory of the city of Moscow. […]

In turn, orders can be issued by the head of the Mayor and Moscow Government Administration, ministers of the Moscow Government (clause 3.1.1 of the Moscow Government Regulations).

Features of preparation and execution of administrative documents

■ The right to sign administrative documents has a sole executive body - general director (director, president) in accordance with the constituent documents. In some cases, the founding documents may indicate the positions of managers who can sign orders along with the sole executive body. However, in practice, this is rarely the case. Most often, the right to sign orders for the main activity is delegated on the basis of an order on granting the right to sign to a specific official or is recorded in an order on the distribution of duties, which indicates not only the powers of individual leaders, but also those documents that they can sign within their powers ( Example 6).

Please note: the preparation of a power of attorney is associated only with those documents that will be sent to third-party organizations; a power of attorney is not issued for signing internal documents. So, in our example, the power of attorney will be prepared for the Deputy General Director for General Issues S.K. Petrov. with the right to sign contracts related to the economic support of the company. The administrative document of the collegial body of power - the decision - is signed by the chairman and secretary of the collegial body.

■ Administrative documents can be joint, i.e. prepared by organizations that publish documents of the same form to resolve any issues of joint activities.

■ The administrative document consists of a statement and an administrative part, the latter can be divided into clauses, in which they indicate who is doing what he is doing and at what time, for example:

3. Commercial Director P.Ye. Abramov prepare a sales plan for 2012 and submit it for consideration by the Board of Directors by October 01, 2011.

4. Deputy Commercial Director A.K. Epifanov prepare a report on the sales of products under the concluded government contracts in the III quarter of 2011 and submit to the CEO by October 15, 2011.

5. Deputy General Director for Economics and Finance Proshkin V.V. provide a report on accounts receivable under contracts for the supply of products of the enterprise, concluded in the period from 11/01/2011 to 30/06/2011, by October 1, 2011.

■ The administrative document comes into effect from the date of signing or the date specified directly in the document itself. For example, an order approving a regulation for writing off receivables may contain the following wording:

2.1. To approve the Regulation on writing off accounts receivable at Sintez OJSC and put it into effect from July 1, 2011.

The order itself will be dated June 20, 2011, it will come into effect from this date, but the regulations approved by this order will come into effect only on July 1, 2011.

■ An ordering document can be long-term or have the character of a one-time order, those. concern the execution of individual issues.

■ The ordering document must contain a clause on bringing this document to the performers, those. who and in what time frame and to whom must bring the administrative document. For example, with regard to long-term administrative documents, the main problem of communicating them to the executors is that the administrative document can be valid for several years (for example, an order to create a commission on write-off of fixed assets), and the procedure for bringing the order to the newly hired employees is not properly spelled out. So it sometimes turns out that the employee is a member of the commission, signs the documents, but is not familiar with the order, since he was hired a year after the order was signed.

6. To the head of the office work Avdeeva A.K. bring this order to all members of the commission within three working days from the date of its signing and bring this order to the attention of newly hired employees who are members of the commission for writing off fixed assets, within three working days from the date they were hired.

Usually, the organization forms a separate folder with long-term administrative documents, with which newly hired employees should be familiarized. In addition, in long-term orders, it is possible to recommend indicating only the positions of employees without specifying the last name, first name, patronymic. If the administrative document is communicated to a limited circle of employees, then they can be given directly in the order itself; if the list includes many employees, then it is possible to recommend compiling a mailing register, and at the enterprise they can be standard (for example, a mailing register for heads of structural divisions, directors of branches, etc.) or individual (compiled separately for each administrative document).

■ The deadline for the execution of the administrative document (its individual clauses) may be indicated by a period of time in regular calendar days, in business days, or such a document may have a specific date of execution. This rule does not apply to long-term documents. The following formulations are possible:

3. The head of the legal service shall prepare a power of attorney for the Deputy General Director Ivanov A.V. until August 1, 2011.

This wording does not raise questions about the deadline.

4. The head of the office work department Penkina A.D. bring this order to the attention of all employees of the Company within three working days from the date of signing the order.

If the order was signed on June 17, 2011, then it is necessary to bring it to the executors by June 21, 2011, i.e. within three working days, excluding the weekend - June 18 and 19.

5. The head of the office work department Penkina A.D. bring this order to the attention of all employees of the Company within three days from the date of signing the order.

If the order was signed on June 17, 2011, it is necessary to bring it to the executors from June 17 to June 19, 2011, i.e. within three calendar days, but given that June 18 and 19 are days off, the order must be communicated to the executors within one day - June 17, 2011.

■ The order document can be canceled (changed) other administrative document of the organization. For example, amending an order is carried out by preparing a corresponding order for amending a previously issued order. If the action of any order is canceled, then in the corresponding order to cancel a previously valid order, it is necessary to indicate from what date the action of the order is canceled, and also indicate its number, date, name, for example:

1. To cancel the order of JSC Sintez "On the establishment of a commission for writing off fixed assets" dated June 20, 2010 No. 365 from July 1, 2011.

It should be borne in mind that the action of the administrative document may be suspended by the relevant competent authorities.

■ For accounting and clear organization of work with administrative documents, they must be registered. A registration number is a serial number assigned within a calendar year, which can sometimes be supplemented by letters or numbers. So, orders are divided into two groups: by main activity and by personnel. For each group, its own letter designations can be used: the order number for personnel - No. 267 l / s, for the main activity - No. 534 o / d.

Hereinafter, definitions from the "Brief Dictionary of Types and Varieties of Documents" (Main Archival Administration under the Council of Ministers of the USSR, All-Union Scientific Research Institute of Documentation and Archival Affairs, Central State Archive of Ancient Acts. Moscow, 1974) are taken as a basis.

State system of documentation support for management. Basic provisions. General requirements for documents and services of documentation support (approved by the Collegium of the USSR Glavarchiv on 04/27/1988; order of the USSR Glavarhiv No. 33 dated 05/25/1988).

The document approved by the sole executive body is put into effect from the date of its approval. But if the organization is large enough, with a network of branches, then it will take time to bring this document to the performers. In addition, the performers will need time to familiarize themselves with this document, and if this document concerns any area of ​​activity, it will also take time to restructure the work. Time to familiarize yourself with the document will appear if it is approved by an order, since it is in the order that you can specify the date of putting the document into effect, which will differ from the date of the order. In addition, the order on the approval of the document will allow you to appoint a person responsible for communicating the order to the executors, indicate the time frame for this to be done.