Instructions on the procedure for conducting office work on administrative procedures. Office work in cases of administrative offenses

The “Administrative Office Work” solution based on the Docsvision platform, developed by Paradok, allows you to automate document flow organs executive power taking into account all the features of their activities. The system includes a set of subsystems and modules that allows you to cover all aspects of working with documents. Among them are “Appeals from citizens and organizations”, “Incoming letters”, “ Internal correspondence”, “Tasks”, “Electronic signature”, “Complaints about services”, “Replacement of employees”, “Reports”, “Control of administrative documents”, “Approvals” and others.

The solution is fully consistent legislative documents RF, regulating document flow issues in this area:

• The solution ensures work with appeals from citizens and organizations in accordance with the requirements of 59-FZ “On the procedure for considering appeals from citizens Russian Federation».
• A unique automation process model “Administrative Office Work” has been built that meets all the requirements of the Order of the Ministry of Culture and mass communications Russian Federation dated November 8, 2005 N 536 “On Standard instructions on office work in federal bodies executive power".
• In addition, the proposed solution complies with Order No. 96 of the Ministry of Telecom and Mass Communications of Russia dated April 1, 2015 “On approval of the software import substitution plan.”

Business effect

Using the “Administrative Office Work” solution based on Docsvision allows executive authorities to:

• Automate document flow in all main areas of activity.
• Significantly reduce labor costs for document processing.
• Use advanced capabilities for search, classification, creation of documents, analysis of performance discipline.
• Improve labor discipline employees by generating reports to evaluate their work.
• Create a system for managing document templates in Microsoft Word and Microsoft Excel formats.

Functionality

SUBSYSTEM “INCOMING LETTERS”

The “Incoming Letters” subsystem not only provides work with simple incoming correspondence, but also has advanced functions, most of which are used in other document subsystems:

• The thematic rubricator has the ability to differentiate access by departments, those. Each department sees only its own or general topics. Topics can be selected from the tree directory or quick search by name. You can indicate several topics on a card at once.
• Comments for performers. The registrar can indicate comments in the document that will be visible to performers and those reviewing the document.
• Calculation of the planned period in accordance with the reference book varieties incoming documents. This may include weekends and holidays.
• Checking the repetition of the letter(according to information about the counterparty). After confirming the repetition of data, registration continues, but in this case, links to previous letters will be visible to the manager reviewing the document.
• Counting the number of pages in attached files of popular formats- TIFF, PDF, DOC, etc.
• Extension of the document execution period. Since the deadlines for the execution of letters are not regulated, the manager can increase the execution deadline at any time during the execution of the document.

SUBSYSTEM “APPEALS OF CITIZENS AND ORGANIZATIONS”

The subsystem “Appeals from Citizens and Organizations” implements work with citizens’ appeals in accordance with the requirements of 59-FZ. A wide range of functions is implemented, sufficient for work large organ state power or local government :

• Working with a standard all-Russian thematic classifier of citizens' appeals, which is necessary to send the relevant reports. The classifier can be updated and cleared of unnecessary sections before importing.
• Extension of deadlines with automatic creation of a letter to the applicant, taking into account the restriction on maximum term in 60 days.
• External request redirection with automatic creation of a letter to the applicant and a letter to an external organization.
• Internal request redirection(for an internal unit, for large organizational structures) with automatic creation of a letter to the applicant.
• Full and partial redirection. If it is complete, the request is executed when a letter of redirection is sent to the applicant; if it is partial, it remains pending execution.
• Personal reception of the manager. The card is created before admission, a register of citizens for admission is compiled using the created cards, and after acceptance the cards are registered.
• Automatic detection of city area based on the applicant’s address (when using the “Counterparties” module). Used to maintain statistics by area or to automatically route to the desired area for execution.
• Recording requests forwarded by another organization. Used to obtain relevant statistics.
• Checking the recurrence of requests using extended criteria(taking into account the date and place of registration). After confirming the repetition, links to previous requests will be visible to the manager reviewing the document.
• Notification of applicants by e-mail on registration and execution of the appeal.
• Monitoring the execution of the request by the registrar after the execution of instructions under the document and their removal from control by the manager. The registrar records the result of document execution to obtain statistics.
• Additional control by the contractor. When long terms execution, the appeal is executed within the 30-day period prescribed by law, but a special additional order is created based on the document with an arbitrary deadline. Based on this instruction, additional responses may be given to the applicant.

SUBSYSTEM "SERVICES"

The procedure for providing services is, as a rule, regulated separately for each service. This subsystem implements wide range functions that allow you to configure work with different services within one system:

• Directory of documents allows you to specify a list of mandatory and additional documents provided for each service, and also allows you to record the documents actually provided by the applicant and display a list of them in the document acceptance receipt.
• Directory of types of services allows you to implement within one basic service various options, differing in the planned execution time and lists of documents provided. In particular, this allows you to work with paid services.
• Directory of departments providing services allows you to configure automatic filling in the document of the recipient and the responsible executor when registering the service in the relevant department.
• Intradepartmental interaction. Since the timing of services is limited, when requesting data from another division of the organization, a problem arises: if you document the request through memo, then it takes a lot of time; If you make a request outside the system, you lose control. To solve the problem, intradepartmental interaction has been set up, implemented through special card task, which is created with one button and allows you to control the result.

• Recording the result of service execution when performing tasks for services is mandatory. This is necessary to obtain the appropriate statistics and upload data to external systems during integration.

SUBSYSTEM “INTERNAL CORRESPONDENCE”

The subsystem provides work with internal correspondence, taking into account the specifics of different subsystems and has an expanded list of functions:

• Application form. Automatic determination of the form type depending on the fields of the card and department. The ability for administrators to independently add new forms using a ready-made set of uploaded fields, including table-type fields. Protecting form formatting from changes by users using MS Word.

• Auto-detection of subsystem by card fields and by subsystem of the associated incoming one. Depending on this, the document is received by the registrars from the corresponding subsystem.
• Auto-detection of registration department depending on the signatory.
• Document versioning. It is carried out automatically and tracks file changes.
• Insert registration information(date, number) to files when printing registered documents.

SUBSYSTEM “OUTGOING LETTERS”

The functions of the subsystem are similar to the “Internal Correspondence” subsystem.

SUBSYSTEM “COLLEGIAL DOCUMENTS”

The functions of the subsystem are similar to the “Internal Correspondence” subsystem, additionally implemented:

• Registration upon signing. When signed, it is immediately highlighted registration number and is inserted into the document form, after which the file is opened for printing. The secretary can only check the document after signing and send it for execution.
• Dynamic creation of numberers during registration. If the system does not find a suitable numerator, a new one is automatically created using a template.

MODULE “ASSIGNMENTS”

• The module implements work with orders various types, standard functions redesigned to implement the work of an assistant manager and for Resolution Schedule Form. Instead of creating task cards individually For each executor, child tasks are created from the current task of the manager through special form, which saves time when large quantities assignments and allows assistants to prepare draft resolutions for supervisor approval. The resolution schedule form also allows you to configure co-execution of tasks, use task text templates, add several performers at once, change planned deadlines taking into account established restrictions(no more than the planned deadline of the current task, etc.), edit the data of child tasks - text, performer, controller. At the same time, it was implemented automatic detection the need to control the task depending on its text (if the text of the task contains certain stop words, for example, “for information,” then the task will become uncontrollable).
• Application electronic signature(EP) upon approval of the resolution for all subsidiary tasks.
• Tasks with delayed start - used in administrative documents.
• Filtering tasks when displayed in the task tree. Convenient for searching if there are a lot of tasks on a document.
• Extension of the deadline for completing a task. Using a special form, the task executor can indicate the desired period. Depending on this deadline and the document subsystem, the task will either be immediately extended or Required documents(letter to the applicant, memo, etc.). After their registration, the period will be extended.
• Job rejection. The reason is recorded in the comments, and the task is returned to the author.
• Submitting a task for revision. The reason is recorded in the comments, and the task is returned to the performer.
• Delegation of control. You can delegate an unlimited number of times, indicating the return to the current controller.
• Auto execution of tasks when registering related documents in execution.
• Intelligent auto-execution of tasks when executing child ones:
  • with copying reports and links to documents;
  • with checking whether the controller is a party to the related documents;
  • with verification additional conditions for various subsystems.

“MATCHING” MODULE

The module has advanced functions and is optimized for organizations with big amount approvals:

• Serial, parallel and mixed negotiations with simple and convenient visual route settings.
• Approval templates with division by organizational units and the ability to add templates by users themselves.
• Subordinate agreements (nested). The approver can create a subordinate agreement. Working with the form is unified with the resolution schedule form from the task module.
• External approvals. Designed to suspend approval in the right moments so that the author can obtain approval from outside the system external organization and enter data into the system. Subsequently entered data on external approval(organization, employee and result) are displayed in the approval tree and in the approval sheet.
• The work of the linguistic service has been implemented with recording of comments from the directory for subsequent construction of statistical reports.

MODULE “CONTROL OF ADMINISTRATION DOCUMENTS”

The module implements extended control during the execution of administrative documents and additional functions: making changes to existing administrative documents, cancellation of action, return to control, removal from control accounting.

• Putting it under control. Before sending a document for execution, the registrar can configure control parameters in accordance with the text of the document. Control form is unified with the resolution schedule form and allows you to add a group of performers, configure pending tasks, set text, deadlines, controller and copy execution parameters.
• Three-level control. Consists of a job controller, a document controller and a recorder.
• Return to control. This is carried out if the controller rejects the document from inspection. The registrar makes changes to the control parameters and resends the document for execution.
• Cancel action. If an administrative document canceling an action is registered, then related documents all tasks are recalled.
• Alteration. If an administrative document is registered that makes changes, then the registrar receives related administrative documents to make changes to the control parameters.

MODULE “COMPLANTS ABOUT SERVICES”

Additional functions are being implemented to process requests from citizens and requests from organizations that are complaints about the provision of a service or complaints about a refusal to provide a service to further obtain statistics on complaints.

• Recording a complaint. When you select a type of complaint, it is automatically calculated planned date document and fields open to select the service about which the complaint was received.
• Indication of the service about which the complaint was received. Is mandatory, but may not be done on initial stage the registrar, and at the final stage the executor.

MODULE “NOMENCLATURE OF CASES”

The module provides storage of documents in files, division of files into volumes for building specialized reports and synchronization of storage locations for paper and electronic documents.

• Access control by department. Various divisions They see only their nomenclature, or the nomenclature of the document registration department.
• Directory management. Registrars can independently add and edit the nomenclature of their department.
• Copying items for next year. You can copy everything or a selected branch so as not to start the nomenclature anew every year.
• Breakdown by volume. This happens visually, taking into account the limit on the number of pages in a volume, with the ability to manually move a document between volumes. Also implemented is the automatic addition of volumes, calculation of pages in a volume, and adjustment of the number of pages in a document directly from the case card.

MODULE “REPLACEMENT OF EMPLOYEES”

• Full-time work for the person being replaced. This is done through special role folders that appear during the replacement period. Work for several substitutes at the same time has also been implemented.
• Special card for registration of replacement. Implements differentiation of rights to register temporary replacement, allows you to view the employee's replacement log and adjust planned replacements.
• Transfer and dismissal. The replacement card allows administrators to transfer and dismiss an employee, including transferring all outstanding orders to the employee responsible for closing debts.

MODULE “OPERATIONAL ARCHIVE”

The module is designed to improve system performance when storing data over several years and stabilize operating speed when accumulating data over a long period of time.

• Push data from previous years into separate database tables.
• Transparent work with archived data for users. The user can search and view data without additional actions. The search card, when specifying a date range that affects the archived period, will automatically search the archive. When a user opens a card, it is automatically removed from the archive for correct operation standard features, and when closed it is moved back to the archive.

MODULE “ELECTRONIC SIGNATURE”

• Electronic signature journal (ES). To simplify the administrator's work, it allows you to view the list of certificates installed by employees, track their validity periods and plan their order.

MODULE “SEARCH CARD”

Allows you to bypass the limitations of standard parameterized searches.

MODULE "REPORTS"

In addition to simple log reports, configured statistical reports in performance discipline.

July 29, 2017, 12:33

N Knowing the law does not exempt you from responsibility. Perhaps this statement is familiar to everyone, but not every financial market participant observes this rule in its activities. We present list of articles of the Code of Administrative Offenses of the Russian Federation, by which they are attracted to administrative responsibility financial market participants for violations of the requirements of the legislation of the Russian Federation, as well as features of consideration of cases regarding administrative offenses Bank of Russia.

As part of the implementation supervisory powers The Bank of Russia has the right to attract financial market participants ( professional securities market participants, mutual fund management companies, Insurance companies, joint stock companies, issuers of securities, microfinance organizations (MFOs), pawnshops, consumer credit cooperatives (CCC), credit organizations and other legal entities) and their officials to administrative liability in the event of violations of the requirements of the legislation of the Russian Federation in their activities.

Legal or individual may be brought to administrative liability if he commits an administrative offense. According to paragraph 1 of Art. 2.1 Code of Administrative Offenses of the Russian Federation administrative offense illegal is recognized culpable act(inaction) physical or legal entity, for which administrative liability is established by the Code of Administrative Offenses of the Russian Federation or the laws of the constituent entities of the Russian Federation on administrative offenses.

Bringing to administrative liability can occur both as part of an ongoing (office, on-site, inspection of individual information) and in the event of an administrative offense being detected during ongoing monitoring of the activities of financial market participants.

It is worth noting that administrative paperwork and inspection are not related to each other and can be carried out in parallel with each other. For example, the Bank of Russia may draw up a protocol on an administrative offense as a result of failure to submit or violation of deadlines for submitting regular reports, notifications or response to a request (order) for the provision of documents.

With information about administrative penalties , imposed by the Bank of Russia on financial market participants, can be found on the Bank of Russia website.

Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ(Administrative Code of the Russian Federation) establishes that the Bank of Russia and its territorial institutions (TU of the Bank of Russia) consider in relation to supervised organizations cases of administrative offenses provided for in Art. 5.53 - 5.55, parts 1, 3 and 4 art. 13.25, part 1 art. 14.4.1, parts 1 - 5 and 7 - 9 art. 14.24, 14.29, 14.30, 15.17 - 15.22, part 1 - 10 art. 15.23.1, art. 15.24.1, part 2 - 6 art. 15.26.1, part 1 art. 15.26.2 (except for the limitation of working hours), part 2 of Art. 15.26.2, art. 15.26.3 - 15.26.5, part 1 - 3 of article 15.27 (within the limits of their powers), art. 15.28 - 15.31, 15.34.1, 15.35, 15.38, parts 1, 3 and 5 art. 15.39, art. 15.40, Art. 15.40.1, part 9 art. 19.5, art. 19.7.3 of the Code of Administrative Offenses of the Russian Federation, namely:

1. Article 5.53. Illegal actions on receiving and (or) disseminating information constituting a credit history;
2. Article 5.54. Failure to fulfill the obligation to conduct an inspection and (or) correct false information contained in the credit history (credit report);
3. Article 5.55. Failure to provide a credit report;
4. Article 13.25. Violation of legal requirements for storing documents;
5. Article 14.4.1. Violation of legal requirements in the field technical inspection Vehicle;
6. Article 14.24. Violation of legislation on organized auctions;
7. Article 14.29. Illegal receipt or providing a credit report;
8. Article 14.30. Violation of the established procedure for collecting, storing, protecting and processing information constituting a credit history;
9. Article 15.17. Unfair issue of securities;
10. Article 15.18. Illegal transactions with emission securities;
11. Article 15.19. Violation of legal requirements relating to the presentation and disclosure of information on financial markets;
12. Article 15.20. Obstruction of the exercise of rights certified by securities;
13. Article 15.21. Illegal use of insider information;
14. Article 15.22. Violation of the rules for maintaining the register of securities owners;
15. Article 15.23.1. Violation of legal requirements regarding the procedure for preparing and conducting general meetings shareholders, participants in limited (additional) liability companies and owners of investment units of closed mutual investment funds;
16. Article 15.24.1. Illegal extradition or circulation of documents certifying monetary and other obligations;
17. Article 15.26.1. Violation of legislation on microfinance activities;
18. Article 15.26.2. Violation of the legislation of the Russian Federation by the pawnshop;
19. Article 15.26.3. Failure to fulfill the obligation to confirm and submit corrected information contained in the main part of the credit history to the bureau credit histories;
20. Article 15.26.4. Failure to perform or untimely execution responsibilities of the sources of credit histories - organizations that have a court decision on collection from the debtor that has entered into force and has not been executed within 10 days sums of money in connection with his failure to fulfill his obligation to pay rent for residential premises, public utilities and communication services for transmitting information about the execution of a court decision to the credit history bureau;
21. Article 15.26.5. Failure to fulfill or untimely fulfillment of obligations by the sources of formation of credit histories - organizations that are lenders under loan agreements (with the exception of credit institutions, microfinance organizations and credit cooperatives), submit information on loan repayment to the credit history bureau;
22. Article 15.27. Failure to comply with the requirements of the legislation on combating the legalization (laundering) of income received criminally, and the financing of terrorism;
23. Article 15.28. Violation of the rules for acquiring more than 30 percent of the shares of an open joint stock company;
24. Article 15.29. Violation of the requirements of the legislation of the Russian Federation relating to the activities of professional participants in the securities market, clearing organizations, persons performing functions central counterparty, joint stock investment funds, non-state pension funds, management companies of joint-stock investment funds, mutual investment funds or non-state pension funds, specialized depositories of joint-stock investment funds, mutual investment funds or non-state pension funds;
25. Article 15.30 Market manipulation;
26. Article 15.31. Illegal use the words “investment fund” or phrases formed on their basis;
27. Article 15.34.1. Unreasonable refusal from conclusion public contract insurance or imposition additional services when concluding a compulsory insurance contract;
28. Article 15.35. Violation of legal requirements on combating the misuse of insider information and market manipulation;
29. Article 15.38. Violation of the legislation of the Russian Federation on credit cooperation and legislation on agricultural cooperation;
30. Article 15.39. Violation of the requirements of the legislation of the Russian Federation regarding mandatory control of operations business entities, which are of strategic importance for the military-industrial complex and security of the Russian Federation;
31. Article 15.40. Carrying out operations by an authorized bank, the conduct of which is not permitted in accordance with the legislation of the Russian Federation in the sphere of state defense order;
32. Article 15.40.1. Failure to comply with the authorized bank established by law of the Russian Federation in the field of state defense procurement of responsibilities in the implementation banking support accompanied transaction;
33. Article 19.5. Failure to complete on time legal order(resolutions, presentations, decisions) of the body (official) carrying out state supervision(control);
34. Article 19.7.3. Failure to provide information to the Bank of Russia.

Before the amendments to the Code of Administrative Offenses of the Russian Federation entered into force on January 24, 2011 in relation to financial market participants carrying out transactions with in cash or other property, according to Art. 5 Federal Law dated 07.08.2001 No. 115-FZ "On combating the legalization (laundering) of proceeds from crime and the financing of terrorism", cases of administrative offenses under Article 15.27 of the Code of Administrative Offenses of the Russian Federation were considered by the FSFM of Russia ( Rosfinmonitoring).

Consider cases of administrative offenses on behalf of the Bank of Russia has the right:

1. Chairman of the Bank of Russia, his deputies, head territorial institution Bank of Russia, its deputies.
2. Managers structural divisions Bank of Russia, their deputies, whose competence includes issues in the field of supervision and control in the field of financial markets.
3. managers territorial divisions(institutions) of the Bank of Russia whose competence includes issues in the field of supervision and control in the field of financial markets (except for banking activities).

Specified articles of the Code of Administrative Offenses RF provides the following types of administrative punishment:

1. administrative penalty;
2. disqualification;
3. administrative suspension of activities.

Administrative penalty applies to citizens, officials and legal entities and, depending on the type of administrative offense, amounts to up to 5 thousand rubles for citizens, up to 50 thousand rubles for officials, up to 1 million rubles for legal entities.

Disqualification applies to officials and is established for a period from 6 months to 3 years.

Administrative suspension of activities applies to legal entities in the framework of their violation of the requirements of the legislation of the Russian Federation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism and is established for a period of up to 90 days.

The sole person is considered as officials within the administrative process executive agency - Head of the organization ( CEO), as well as persons responsible for performing certain functions assigned to them job descriptions in accordance with the requirements of the legislation of the Russian Federation. Such persons, in particular, include controller of a professional participant, special official (SDL), responsible for compliance with the Rules to combat the legalization (laundering) of proceeds from crime and the financing of terrorism (AML/CFT).

As current practice shows, of all types of administrative punishment provided for by the Code of Administrative Offenses of the Russian Federation, the Bank of Russia is limited only to the imposition administrative fine on legal entities and officials. This is also due to the fact that administrative punishment in the form of disqualification and suspension of activities is appointed only by the court, that is, the materials of the case of an administrative offense must be transferred by the Bank of Russia for subsequent consideration in court. Moreover, if a violation is detected in the activities of the organization, the administrative a fine can be imposed simultaneously on both a legal entity and an official.

Conditionally administrative process in the Bank of Russia can be divided into the following stages:

1. Detection of violations during supervisory activities carried out by the Bank of Russia.
2. Identification of the guilty persons who have committed an administrative offense (persons against whom proceedings are being conducted for an administrative offense).
3. Preparation evidence base- collection of documents proving the fact of the commission of an offense, as well as identifying the perpetrators. On at this stage The Bank of Russia may request from the perpetrators additional documents and explanations.
4. Issue by the Bank of Russia determinations to initiate a case about administrative offense and conduct administrative investigation and notifying the guilty persons of this by sending by mail or delivering a copy of the said determination.
5. Notification by the Bank of Russia of guilty persons of the date, time and place of drawing up a protocol on an administrative offense. As a rule, the protocol is drawn up at the location of the organization being inspected (in the case of an audit) or at the location of the Bank of Russia or one of its territorial institutions.
6. Drawing up a protocol about an administrative offense. At this stage, you are given the opportunity to familiarize yourself with the contents of the protocol, as well as write your objections related to the identified administrative offense, or refuse to sign the protocol, about which a corresponding note is made.
7. After drawing up the protocol, it is sent for consideration to an official of the Bank of Russia or one of its territorial institutions authorized to consider protocols on an administrative offense.
8. Notification by the Bank of Russia of guilty persons of the date, time and place of consideration of the protocol on an administrative offense.
9. Examination of a puncture about an administrative offense and issuing a resolution, that is, actually making a decision on administrative matter. At this stage, the Bank of Russia may also issue a resolution to terminate proceedings in a case of an administrative offense - made by the official who carried out the proceedings in the case of an administrative offense, if at least one of the circumstances provided for in Art. 24.5 of the Code of Administrative Offenses of the Russian Federation "Circumstances excluding proceedings in a case of an administrative offense." Depending on the administrative offense, liability for which is provided for in the relevant Art. Code of Administrative Offenses of the Russian Federation, the Bank of Russia may be issued ruling on transferring a case of an administrative offense to a judge. This happens in the case when the Bank of Russia is not authorized to bring a person to administrative liability under the relevant article. Code of Administrative Offenses of the Russian Federation, in particular, onPart 4 Art. 15.27 Code of Administrative Offenses of the Russian Federation.
10. Appealing a decision in a case of an administrative offense.
11. Payment by guilty persons of an administrative fine.

In accordance with provisions of the Code of Administrative Offenses RF administrative fine must be paid by the person brought to administrative responsibility, no later than 30 days from the date of entry into force of the decision to impose an administrative fine legal force.

At the same time, a decision in a case of an administrative offense comes into force after the expiration of the period established for appealing it, which is 10 days from the date of delivery or receipt of a copy of the decision. Appeal the decision about an administrative offense can be filed with a complaint directly to the Bank of Russia or a corresponding application to arbitration court at its location or at the location of the Bank of Russia.

According to Part 1 of Art. 20.25 Code of Administrative Offenses of the Russian Federation failure to pay an administrative fine within the prescribed period shall entail the imposition of an administrative fine in double the size amount of unpaid administrative fine.

In conclusion, I would like to note that resolution on an administrative offense in cases considered by the Bank of Russia in accordance with the Code of Administrative Offenses of the Russian Federation, can't be issued after 1 (one) year from the date of commission of the administrative offense (statute of limitations). At the same time, the administrative offense must be correctly qualified, lasting or not lasting.

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Law Firm "DEKART" has extensive experience in maintaining administrative office work , protection of rights and representation of the interests of financial market participants in the Bank of Russia. You can always contact our specialists to obtain free consultation regarding your question. The final remuneration (see section SERVICES AND PRICES) of Law Firm "DEKART" directly depends on the results of the consideration of the case of an administrative offense in the Bank of Russia and amounts to only 10% of maximum amount fine (but not less than 10 thousand rubles), provided for by the Code of Administrative Offenses RF.

You pay only for the result!

Home > Instructions

DECISION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

On approval of the Instructions on the procedure for conducting office work on administrative procedures V government agencies, other organizations Changes and additions: Resolution of the Ministry of Justice of the Republic of Belarus dated December 13, 2011 No. 283 (registered in the National Register - No. 8/24556 dated December 20, 2011) Based on paragraph 1 of Resolution of the Council of Ministers of the Republic of Belarus dated May 5, 2009 No. 585 “On the procedure for conducting office work on administrative procedures in state bodies and other organizations,” the Ministry of Justice of the Republic of Belarus DECIDES: 1. To approve the attached Instruction on the procedure for conducting office work on administrative procedures in government agencies and other organizations. 2. This resolution comes into force on May 12, 2009. INSTRUCTIONS
on the procedure for conducting office work on administrative procedures in government bodies and other organizations 1. Instructions on the procedure for conducting office work on administrative procedures in government bodies and other organizations (hereinafter referred to as the Instructions) were developed in accordance with the Law of the Republic of Belarus of October 28, 2008 “On the Fundamentals of Administrative Procedures” (National Register of Legal Acts of the Republic of Belarus, 2008 , No. 264, 2/1530) (hereinafter referred to as the Law) and determines the procedure for conducting in state bodies and other organizations whose competence includes the implementation of administrative procedures, office work on administrative procedures in relation to citizens of the Republic of Belarus, foreign citizens or stateless persons, including individual entrepreneurs, or legal entities of the Republic of Belarus, other organizations that have applied (are applying) for the implementation of an administrative procedure. 2. B of this Instruction the terms are used in the meanings defined in Article 1 of the Law. 3. This Instruction does not apply to the conduct of office work on the relations specified in paragraphs two to twelve of paragraph 1 of Article 2 of the Law, as well as on appeals from citizens, including individual entrepreneurs, and legal entities, the procedure for consideration of which is regulated by the legislation on appeals from citizens and legal entities. 4. Office work on administrative procedures is carried out centrally and (or) decentralized, separately from other types of office work. 5. Office work on administrative procedures is carried out by authorized officials. 6. Registration of documents on the implementation of administrative procedures in relation to interested parties is carried out using one of the registration and control forms: automated (electronic), card (in registration and control cards), journal. Registration and control forms are maintained in accordance with the appendix, unless otherwise provided by law. Registration and control forms may include details necessary to ensure recording, control and search of documents and (or) information when carrying out an administrative procedure and making an administrative decision. Authorized bodies have the right to exclude from registration and control forms details that do not have information to fill out due to the specifics of the administrative procedures being carried out. 7. All applicants authorized body statements of interested parties, administrative complaints are registered on the day of submission to in the prescribed manner. 8. Administrative complaint interested person on the administrative decision made is registered separately from the application of the interested person in the manner established by these Instructions. 9. Repeated applications from interested parties upon their receipt by the authorized body within calendar year the registration index of the first application or the next index is assigned. 10. Application of an interested person submitted to orally, is taken into account in the authorized body in the registration and control form adopted for accounting written statements with the appropriate note “submitted orally.” 11. Envelopes from received applications from interested persons, provided for in paragraph three of paragraph 2 of Article 14 of the Law, are preserved in cases where only by using them can the address of the interested person be established or when the date of the postmark serves as confirmation of the time of their departure and receipt. 12. The registration index is assigned to documents necessary for the implementation of administrative procedures and administrative decisions taken in accordance with accepted system registration of documents with the authorized body. 13. In government bodies and other organizations, office work under the powers delegated to them by legislation on administrative procedures to receive, prepare for consideration of applications from interested persons and (or) issue administrative decisions is carried out in accordance with these Instructions or regulatory legal acts adopted by authorized bodies on the basis of this Instruction. 14. The progress of consideration of the application of the interested person, requests sent, documents and (or) information received, the result of the administrative decision made on the implementation of the administrative procedure, notification of the interested person about the administrative decision made must be accurately and timely reflected in the corresponding column of the registration and control form. 15. Control over the consideration of applications from interested parties in the authorized body is carried out using an automated (electronic) control system or registration and control cards or logs. 16. Result accepted in writing An administrative decision to carry out an administrative procedure or to refuse to carry out an administrative procedure is entered in the appropriate column of the registration and control form, indicating its date and number. 17. Control ends if the administrative decision to carry out an administrative procedure or to refuse to carry out an administrative procedure is made in writing, including by making entries in registers, registries, protocols, data banks, other documents or informational resources. 18. The registration and control form also makes a note about the refusal to accept the application of the interested person, transmitted by mail or in the form electronic document, or if such an administrative decision, at the request of the interested person, was made in writing. 19. An administrative decision made during the reception of an interested person orally is subject to announcement to the interested person and the result of the administrative decision made is noted in the corresponding column of the registration and control (accounting) form in which the registration (recording) was registered (accounted for) oral statements. 20. Certification of copies of a certificate or other document issued by an authorized body at the request of an interested person is drawn up in accordance with State standard Republic of Belarus STB 6.38-2004 " Unified systems documentation of the Republic of Belarus. System of organizational and administrative documentation. Requirements for the execution of documents”, unless the law provides for the need for notarization of copies of such a certificate or other document. 21. On each executed application of an interested person, after an administrative decision is made by the authorized body (except for the case of refusal to accept the application of an interested person), a note is made about its execution and sending it to the case. In case of refusal to accept the application of the interested person, a note is made in the registration and control form about the adoption of such a decision and sending it to the file. In this case, the application is returned to the interested person along with the documents and (or) information attached to the application. 22. When issuing an administrative decision, or an extract from it, or a notice of an administrative decision to a personally interested person, the interested person signs for their receipt, indicating the date of receipt. In the registration and control form, a corresponding note is made about the notification of the interested person about the administrative decision made if it is sent by express (courier), by mail, in the form of an electronic document or in another way, and the date of sending. 23. The storage period for applications of interested persons, documents and (or) information necessary for the implementation of the administrative procedure, certificates or other documents issued to interested persons during the implementation of the administrative procedure is determined in accordance with the acts of legislation of the Republic of Belarus. 24. Documents on the implementation of administrative procedures, copies of issued administrative decisions (in necessary cases) are formed in the authorized body into cases in accordance with the approved nomenclature of cases. The case may contain statements, documents and (or) information on all administrative procedures or on each of them, depending on the number of documents generated and administrative procedures carried out. Based on applications, documents and (or) information on ongoing administrative procedures in relation to citizens and legal entities, independent cases can also be formed. Applications, documents and (or) information on ongoing administrative procedures can be formed into the files of citizens and legal entities maintained by government agencies and other organizations. 25. When creating cases, the correctness of documents being sent to the case and their completeness (completeness) are checked. Unfulfilled statements from interested parties, as well as incorrectly executed documents for their execution, are not filed in the files. 26. After established deadlines storage documents on the implementation of administrative procedures are subject to destruction in the manner established republican body government controlled, which is in charge of archives and records management issues.

Composition of details
registration control form
stakeholder statements

№ ____________________________

(registration code) Last name, given name, patronymic, place of residence (place of stay) of a citizen or name and location of a legal entity, contact telephone number ___________________________________________________________________________ Application form ____________________________________________________________ Date of application ____________________________________________________________ Number of sheets of application ____________________________________________________________ Number of sheets of documents and (or) information submitted by the interested party ___________________________________________________________________________ Dates, indexes* repeated applications _____________________________________________________ Name of the administrative procedure _______________________________________ ______________________________________________________________________________ Executor ______________________________________________________________________________ Deadline ____________________________________________________________ Process of consideration ____________________________________________________________ ______________________________________________________________________________ Mark on sending the application to the relevant authorized body and notifying the interested person _____________________________________ ______________________________________________________________________________ Date and number of the administrative decision made _______________________________ Result of the administrative decision made _________________________________ _______________________________________________________________________________ Mark on notification of the interested party person about the administrative decision made _____________________________________________________________________ Mark on removal from control ___________________________________________________ The document is filed in file No. _____ _____ p. ______________________________ *To be entered upon assignment re-application next registration index. IRS "ETALON" 6.1 02/21/2012

9.1. Forms for temporary permits, administrative protocols, examination protocols using the “Sobriety Control” indicator tube or others intended for these purposes technical means; receipts for payment of fines are documents strict reporting, are manufactured according to orders of the State Traffic Inspectorate of the Ministry of Internal Affairs of the republics, the Main Internal Affairs Directorate, the Internal Affairs Directorate of territories, regions, autonomous entities, cities of Moscow, St. Petersburg and Leningrad region at printing enterprises that have a permit (license) for the production of special products, issued by the Main Directorate of the State Traffic Inspectorate of the Ministry of Internal Affairs of Russia.

When manufactured, they must have a series, serial number and region code.

9.2. Receipt, recording, storage and issuance of the forms specified in clause 9.1 of these Instructions is carried out in accordance with the requirements for handling strictly accountable documents. Quantitative records of their receipt and issue are kept in the journal of receipt and expenditure of strict reporting forms (Appendix 19).

9.3. Filling out temporary permits is done with special ink, black paste or on printing devices.

In the temporary permits issued, in the columns of the categories of vehicles for which there are no permits to drive on the driver’s license, the corresponding letters are crossed out.

Persons receiving driver's licenses for the first time to replace lost ones or those that have fallen into disrepair, in cases of opening new categories, as well as in other cases related to obtaining licenses, are issued a temporary permit along with a driver's license by the registration and examination departments of the State Traffic Inspectorate. The series and numbers of these documents are recorded in numerical order in the book for issuing driver's licenses and temporary permits (Appendix 20).

To a person who has not received a temporary permit, whose driver’s license has been confiscated for any reason (for violating the rules, doubting the authenticity), a temporary permit is issued by the traffic police department in the prescribed manner upon return of the license.

Temporary permits that are damaged during filling out are destroyed during the next inspections, and corresponding acts are drawn up about this. In the same manner, temporary permits discovered after their loss are canceled if new ones are issued in their place.

Records of issued temporary permits are kept according to the book for issuing temporary permits (Appendix 21).

9.4. Excluded. - Order of the Ministry of Internal Affairs of the Russian Federation dated October 12, 1999 N 797.

9.5. Excluded. - Order of the Ministry of Internal Affairs of the Russian Federation dated October 12, 1999 N 797.

(see text in previous edition)

9.6. The materials that served as the basis for issuing and replacing temporary permits (applications, old permits, receipts, etc.) are filed in separate files, with the exception of cases where they were issued simultaneously with a driver’s license, and are stored in the prescribed manner for two years.

9.7. The shelf life of books for issuing driver's licenses and temporary licenses is 60 years after their expiration. The books are stored in the departments of the State Traffic Inspectorate that issue the specified products.

9.8. Receipts for payment of fines are strict forms financial statements and are stored along with securities in the cash desks of the Ministry of Internal Affairs, the Central Internal Affairs Directorate, and the Internal Affairs Directorate. Receipts are issued according to handout sheets or expendable cash orders on the basis of permission from the head of the State Traffic Inspectorate (GROVD) unit.

In the departments of the State Traffic Inspectorate, quantitative accounting of the receipt and issuance of receipts personnel kept in the journal of receipts and expenditures of strict reporting forms.

9.9. The stubs of spent receipts are handed over to the person responsible for receiving and issuing them, and a corresponding entry is made in the journal.

9.10. Drawing up protocols and other materials on violations of the rules, as well as confiscated driver’s licenses and other documents are recorded within 24 hours in the journal of materials on violations of rules and other standards in the field of security traffic(Appendix 23).

If deficiencies are identified in the compiled materials, they are returned for revision to the body (official) that submitted the specified materials.

9.11. The journal specified in clause 9.10 of this Instruction is maintained by the duty units of the State Traffic Inspectorate. In departments of the State Traffic Inspectorate that do not have duty units, this journal is kept by an inspector for administrative practice or an employee performing his duties.

9.12. Administrative protocols and documents attached to them, received from other divisions of the State Traffic Inspectorate (GOROVD), are registered in a separate log of materials on violation of rules, which is maintained by an inspector for administrative practice or a person responsible for registering incoming correspondence.

9.13. Within the division administrative protocols and the documents attached to them are transferred from employee to employee against a signature with a note in column 6 of the log of materials on violation of traffic rules.

9.14. To other divisions, the protocols and documents attached to them are sent within five days by registered mail or transmitted by a posting book, which is noted in column 7 of the log of materials on violation of the rules.

Materials about violations of the rules, liability for which is provided for in Article 165 of the Code, are sent to the district (city) people's court (judge) by courier within 24 hours from the moment they are received.

9.15. The logs (Appendices 21, 23) must be numbered, laced, sealed and registered in the secretariat (office) of the city regional internal affairs agency or a division of the State Traffic Inspectorate.

9.16. Entries in journals are made in ink (paste) without blots or corrections.

9.17. Materials about violation of the rules according to which the proceedings have been completed are filed in the files in accordance with serial number according to the log and are stored in the departments of the State Traffic Inspectorate at the place where the decision to impose a penalty was made. At the same time, in relation to persons deprived of the right to drive vehicles, materials are filed in separate files. The sheets filed in the files are numbered. On the last sheet a certification signature is made indicating the number of numbered sheets.

Cases of rule violations, as well as unclaimed driver's licenses and temporary permits of persons deprived of the right to drive, are subject to storage for two years following the year of execution of the decision to impose a penalty.

9.18. Stubs from spent receipts, as well as cases of violations of rules and unclaimed driver's licenses and temporary permits that have expired, are destroyed during inspections administrative practice divisions of the State Traffic Inspectorate. Destruction is formalized by an appropriate act.

9.19. Driver's licenses and temporary permits of persons deprived of the right to drive vehicles for a period of at least one year are stored in the departments of the State Traffic Inspectorate at the place of deprivation of the right to drive, and of persons deprived of the right to drive vehicles for a period of one year or more, after the expiration of the ten-day period for filing a complaint , together with a copy of the resolution, are sent for storage to the registration and examination divisions of the State Traffic Inspectorate (REP).

INSTRUCTIONS
on the procedure for conducting office work

on administrative procedures

Approved by the director of the college on May 25, 2009

1. Instructions on the procedure for conducting office work on administrative procedures in a music college (hereinafter referred to as the Instructions) were developed in accordance with the Law of the Republic of Belarus dated 01.01.2001 “On the Basics of Administrative Procedures”, “Instructions on the procedure for conducting office work on administrative procedures in government bodies, other organizations" approved by the Resolution of the Ministry of Justice of the Republic of Belarus on May 7, 2009 No. 39 and determines the procedure for conducting office work in the college on administrative procedures in relation to citizens who have applied for an administrative procedure.

2. Office work on administrative procedures is carried out separately from other types of office work.

3. Office work on administrative procedures is carried out by authorized officials appointed by order of the college director.

4. Registration of documents on the implementation of administrative procedures in relation to interested parties is carried out by registration in a journal.

5. All applications from interested parties and administrative complaints received by the college are registered on the day of submission in the prescribed manner.

6. An administrative complaint of an interested person against an administrative decision taken is registered separately from the application of the interested person in the manner established by these Instructions.

7. Repeated applications of interested persons upon their admission to the college during the calendar year are assigned the registration index of the first application or the next index.

8. The application of the interested person, submitted orally, is recorded in the journal with the appropriate note “submitted orally.”

9. Envelopes from received applications from interested parties are retained in cases where only the address of the interested party can be determined from them or when the date of the postmark serves as confirmation of the time of their departure and receipt.

10. The registration index for documents necessary for carrying out administrative procedures and administrative decisions taken is assigned in accordance with the adopted document registration system at the college.

11. The progress of consideration of the application of the interested person, requests sent, documents and (or) information received, the result of the administrative decision made on the implementation of the administrative procedure, notification of the interested person about the administrative decision made must be accurately and timely reflected in the corresponding column of the journal.

12. Control over the consideration of applications from interested parties at the college is carried out using registration and control cards or a journal.

13. Control ends if the administrative decision to carry out an administrative procedure or to refuse to carry out an administrative procedure is made in writing and entered in the appropriate column of the journal.

14. An administrative decision made during the reception of an interested person orally is subject to announcement to the interested person and the result of the administrative decision made is noted in the corresponding column of the journal in which the oral statements were recorded.

15. Certification of copies of a certificate or other document issued by the college at the request of an interested person is drawn up in accordance with the State Standard of the Republic of Belarus STB 6.38-2004 “Unified documentation systems of the Republic of Belarus. System of organizational and administrative documentation. Requirements for the execution of documents”, unless the law provides for the need for notarization of copies of such a certificate or other document.

16. On each executed application of an interested person, after an administrative decision is made by the authorized body (except for the case of refusal to accept the application of an interested person), a note is made about its execution and forwarding it to the case.

17. In case of refusal to accept the application of the interested person, a note is made in the journal about the adoption of such a decision and sending it to the case. In this case, the application is returned to the interested person along with the documents and (or) information attached to the application.

18. When issuing an administrative decision, or an extract from it, or a notice of an administrative decision to a personally interested person, the interested person signs for their receipt, indicating the date of receipt.

19. An appropriate note is made in the journal about the notification of the interested person about the administrative decision made if it is sent by mail, in the form of an electronic document or in another way, and the date of sending.

20. The storage period for applications of interested persons, documents and (or) information necessary for the implementation of the administrative procedure, certificates or other documents issued to interested persons during the implementation of the administrative procedure is determined in accordance with the acts of legislation of the Republic of Belarus.

21. Documents on the implementation of administrative procedures, copies of issued administrative decisions (if necessary) are compiled into files in accordance with the approved nomenclature of cases.

22. The case may contain statements, documents and (or) information on all administrative procedures or on each of them, depending on the number of documents generated and administrative procedures carried out.

23. When creating cases, the correctness of documents being sent to the case and their completeness (completeness) are checked. Unfulfilled statements from interested parties, as well as incorrectly executed documents for their execution, are not filed in the files.

24. Upon expiration of the established storage periods, documents related to the implementation of administrative procedures are subject to destruction in the manner established by the republican government body, which is in charge of issues of archives and records management.

Composition of details
registration control form
stakeholder statements

№ ____________________________

(registration index)

Last name, first name, patronymic, place of residence (place of stay) of the citizen or name and location of the legal entity, contact phone number _

Application form __________________________________________________________

Date of application ______________________________________________________________

Number of application sheets _____________________________________________________

Number of sheets of documents and (or) information submitted by the interested party _________________________________________________________________________

Dates, indexes* of repeated applications _____________________________________________________

Name of administrative procedure _____________________________________________

_____________________________________________________________________________

Performer _________________________________________________________________

Period of execution _____________________________________________________________

Progress of consideration ____________________________________________________________

____________________________________________________________________________

A note about sending the application to the relevant authorized body and notifying the interested person about it _____________________________________

_____________________________________________________________________________

Date and number of the administrative decision adopted ______________________________

Result of the administrative decision made ___________________________________

_____________________________________________________________________________

Mark on notification of the interested person about the administrative decision taken _____________________________________________________________________

Mark on removal from control ___________________________________________________

The document is filed in file No. _____ _____ l.

______________________________

*Indicated when assigning the next registration index to a repeated application.