Later than three days from the day. How should you write correctly: during the day or throughout the day? Examples of determining the last day of a deadline

At the end of December 2013, the Plenum of the Supreme Arbitration Court of the Russian Federation summarized judicial practice on the issue of calculating procedural deadlines (Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated December 25, 2013 No. 99 "", hereinafter referred to as Resolution No. 99). The highest judicial body has already considered some of the nuances of the correct calculation of deadlines - for example, for the purposes of filing an appeal (Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated May 28, 2009 No. 36 "") or appealing a court decision on bringing to administrative liability (Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 2 June 2004 No. 10 "").

However, until recently there was no comprehensive summary of practice on this issue. Let's see what conclusions the Supreme Arbitration Court of the Russian Federation came to.

General issues

The Supreme Arbitration Court of the Russian Federation once again reminded general rules:

• procedural periods are calculated in years, months and days, while the periods calculated in days do not include non-working days ();
• the course of the procedural period begins the next day after the calendar date or the occurrence of the event that determines the beginning of the procedural period ().

The court accompanied its explanations with several examples, which can be summarized in the following table.

Table 1. Examples of calculating procedural deadlines (according to the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated December 25, 2013 No. 99 “On procedural deadlines”)

Calendar date	Procedural period	Beginning of the term	Expiry day
December 25, 2012	One year	December 26, 2012	December 25, 2013
	One month		January 25, 2013
	10 days		January 16, 2013 (taking into account that non-working days were December 30-31, 2012, January 1-8, 12-13, 2013)
For simplified proceedings
December 10, 2012	No more than two months ()	December 11, 2012	February 18, 2013 (taking into account the fact that January 1-8 are New Year holidays and Christmas)

The Supreme Arbitration Court of the Russian Federation also duplicated the rule on calculating the deadlines for sending documents through the system "My referee", contained in, approved by the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated November 8, 2013 No. 80: the moment of filing documents is determined not by the time zone in which the addressee court is located, but by Moscow time.

If, as a result of this, the date for filing documents is later than the date determined at the location of the court, then the deadline for filing documents is not considered missed().

Break in the court session

The Supreme Arbitration Court of the Russian Federation explained that a break can be announced both in the main and in preliminary court hearing (). In addition, a break may be announced repeatedly, but the total duration of the break in one court session should not exceed five days - in this case, in accordance with the break period, non-working days are not included ().

The court also clarified the rules for notifying persons who are considered to have been duly notified of the time and place of the court hearing about a break, but didn't show up on him before the break is announced. If the court hearing is resumed on the same day, such participants in the case do not need to be notified. If the continuation of the court hearing is scheduled for another date, the arbitration court no later than the next day places in "Calendar of court hearings" on its official website information about the time and place of the continuation of the court hearing (if a break is announced for one day, the relevant information must be posted before the end of the day the break is announced).

Posting information about the resumption of the hearing on the official website of the arbitration court, taking into account the provisions, confirms proper notification of the participants in the case about the break ().

Adjournment of trial

The Supreme Arbitration Court of the Russian Federation clarified that a postponement of a trial - just like a break - can be declared by the court more than once. In this case, the period of each adjournment of the trial, as a general rule, should not exceed the period established, and the total period for which the trial was postponed is taken into account when determining reasonable time for legal proceedings. In addition, the proceedings may be postponed and after the expiration of the period for consideration of the case ().

The arbitration court has the right to rule protocol definition to postpone the trial, in which case information about the place and time of the resumption of the trial is posted no later than the next day in the “Court Calendar”.

In addition to this, if the meeting is adjourned more than 10 days or participants in the case were not present when making a ruling on adjournment, the court has the right to duplicate this information by e-mail or in another way (if the court has information about the e-mail address, telephone number, fax number of a participant in the case). If, for technical reasons, it is not possible to post information on the resumption of the proceedings on the website, then notification of the participants in the case by alternative means becomes mandatory and is made taking into account the time required to appear ().

The Supreme Arbitration Court of the Russian Federation emphasized that the deposit can also be used when carrying out preliminary meeting– in this case, the period of adjournment is also not included in the total period for consideration of the case ().

FORMS


petitions to restore the deadline for filing an appeal(arbitration process)

petitions to restore the deadline for filing a cassation appeal(arbitration process)

petitions to restore the missed deadline for filing an appeal

petitions for restoration of the missed deadline for filing an application (representation) for review of a judicial act in the manner of supervision

petitions to restore the deadline for filing an application for review of a judicial act by way of supervision(arbitration process)

petitions to restore the missed deadline for filing an application to review the decision of the arbitration court due to newly discovered circumstances

Other forms, samples and forms of documents on arbitration proceedings can be found in the "" section

Extension of the period for consideration of the case

In relation to the extension of the period for consideration of the case, the Supreme Arbitration Court of the Russian Federation came to the following main conclusions:

• extension of the period for consideration of the case is not allowed after it expires ();
• satisfaction of the application about extension the period of consideration of the case does not in itself prevent the filing of an application about acceleration its consideration();
• the issue of extending the period for consideration of the case to six months () is decided by the chairman of the arbitration court (or the person replacing the chairman in his absence) without calling the participants in the case And without a court hearing, but no later than the next day from the date of receipt of the judge’s reasoned application. The ruling to extend the trial period cannot be appealed separately from the main judicial act, which ends the resolution of the case ();
• participation in court proceedings foreign persons in itself does not mean that the case is particularly complex, and therefore does not imply an automatic extension of the period for consideration of the case to six months on the basis of ().

The Supreme Arbitration Court of the Russian Federation also emphasized that, within the meaning of the period for consideration of the case has been extended. In this case, the period for which the trial is postponed is not included in the extended period for consideration of the case, but is taken into account when determining a reasonable period of legal proceedings ().

The court also provided clarifications regarding the extension of deadlines for consideration of certain categories of cases - we have summarized them in a table.

Table 2. Features of extending the time limits for consideration of certain categories of cases (according to the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated December 25, 2013 No. 99 “On procedural deadlines”)

Category of cases	Rules for extension of deadlines	Rationale
Cases about bringing to administrative responsibility	1. The possibility of extending the deadline has been established special norm, which precludes application (thus, the period is extended by no more than a month). 2. If statute of limitations for attraction administrative liability expires earlier than the period for consideration of the case when it is extended on the basis of , then the period for consideration of the case is not subject to extension
Cases challenging non-normative legal acts, decisions and actions (inaction) bodies exercising public powers, and their officials	The period for consideration of the case may be extended to six months ()
Cases challenging decisions and actions (inaction) of an official FSSP of Russia, on challenging decisions administrative bodies, about collection mandatory payments and sanctions	Duration of consideration of cases of these categories cannot be extended on the basis of, since in, and does not contain a direct indication of such a possibility.
Insolvency cases ( bankruptcy)	The seven-month period for consideration of the case can be extended up to 10 months, that is, increased by three months in relation to. At the same time, the extension of the period for consideration of the case until six months on the basis of possible when considering a specific isolated dispute within the framework of a bankruptcy case.

Calculation and restoration of deadlines for appealing judicial acts

Cases regarding the restoration of a missed deadline for filing a complaint are the most common among all disputes about procedural deadlines and their compliance. The Supreme Arbitration Court of the Russian Federation once again emphasized that the period for appeal is calculated from the moment of production of the judicial act in full, and not the direction of its copy (), but petition for restoration of time limit it is impossible to leave without movement (paragraph 2). In addition, the Court raised the following controversial issues.

1. Disagreements in the dates of filing a complaint sent by mail regarding the receipt of the letter and the stamp on the envelope. Previously, the Supreme Arbitration Court of the Russian Federation already answered a similar question, but only regarding the rules for filing appeals. Now the corresponding clarification has been elevated to the rank of a general rule for all types of complaints: in such a situation, the date of filing the appeal or cassation complaint is earlier date

2. Taking into account the applicant’s argument about missing the deadline for filing a complaint due to a violation of the deadline for posting a judicial act on the official website of the court.

The attitude of arbitration courts towards posting the texts of judicial acts on arbitr.ru and other official websites of courts is ambiguous.

On the one hand, it is sometimes emphasized that a court decision or ruling was publicly available, any interested person could easily familiarize itself with it, and therefore, the violation of the deadline for appealing a particular act was entirely the fault of the applicant (FAS Central District of November 15, 2010 in case No. A68-1093/2010). On the other hand, the courts suppress an attempt to calculate the period for appeal from the moment the document is published on the website (FAS Volga-Vyatka District dated November 13, 2012 in case No. A43-179/2011, resolution of the FAS Far Eastern District dated March 22, 2012 No. F03 -1080/2012 in case No. A51-13339/2011). The Supreme Arbitration Court of the Russian Federation turned out to be more specific and loyal to the participants in the case. In para. 2 The court emphasized that untimely posting of a judicial act on the official website does not automatically extend the period for appealing it, but if there is a corresponding request from the applicant is the basis for reinstating the missed deadline

. In this case, the court must assess the length of delay committed by the court and the applicant, and also determine whether the applicant had sufficient time to prepare and file the complaint within the prescribed period. 3. Features of calculating the period for filing a cassation appeal. The Supreme Arbitration Court of the Russian Federation proceeded from the general rule, according to which the decision of the court of first instance can be appealed in cassation, provided that it was the subject of consideration by the appellate court or the appellate court refused to restore the missed period for appeal (the so-called).

"rule of sequential appeal of judicial acts"

• In relation to the calculation of procedural deadlines, the Supreme Arbitration Court of the Russian Federation interpreted this norm as follows (paragraph 2): the refusal of the appellate court to restore the missed deadline for filing an appeal cannot be the basis for re-calculations
• deadline for filing a cassation appeal (); such refusal is not a valid reason for reinstating the deadline for filing an appeal if it was filed after the expiration.

deadline for filing a cassation appeal 4. Possibility of appealing a judicial act after the expiration of a six-month period.

• The Supreme Arbitration Court of the Russian Federation clearly divided all applicants into two groups: about the first court hearing (remember, after this, in accordance with the rules, the participants in the case independently receive information about the progress of its consideration);
• persons not participating in the case, on the rights and obligations of which a judicial act was adopted, or persons who did not take part in the trial due to improper notification them about the time and place of the meeting.

For applicants of the first group, the restoration of the period for appeal after the expiration of the six-month period established by not allowed. On the contrary, applicants of the second group cannot be refused in restoring the missed deadline for filing an appeal or cassation complaint solely due to the expiration of a six-month period from the day when they learned of the violation of their rights by the act being appealed.

Let us note that for persons who did not participate in the case, on whose rights and obligations a judicial act was adopted, there was previously a clause on the calculation of a six-month period from the day when the person learned of the violation of his rights (,) - but the Supreme Arbitration Court of the Russian Federation added participants to them cases that were not properly notified of the court hearing.

5. Valid and non-valid reasons for missing the deadline for appeal. The court emphasized that valid reasons for violating the deadline for filing a complaint may include, in particular, the lack of information about the appealed judicial act due to circumstances beyond the control of the participant in the case (). As examples unjust reasons the missed deadline of the Supreme Arbitration Court of the Russian Federation cited the following:

• the need to coordinate the issue of filing a complaint with the manager or a higher authority;
• the applicant's representative is on a business trip or vacation;
• personnel changes (appointment of another person as a representative);
• absence of a lawyer on the organization's staff;
• change of manager or his being on a long business trip or vacation;
• other internal organizational problems of the legal entity that filed the complaint.

By the way, the courts have previously refused to restore a procedural deadline missed for similar reasons - for example, due to the need to conduct consultations with a company located in another city, as well as study the current legislation (Resolution of the Federal Antimonopoly Service of the Central District of October 5, 2009 No. in case No. A64-2190/09).

We also note that if it is established that the procedural deadline has been missed after accepting the complaint for consideration and if the reason for the omission is recognized as disrespectful, the court is obliged to terminate the proceedings on the complaint under ().

Combining and highlighting cases When cases are combined into one proceeding, the period for consideration of the case begins to be calculated anew from the date the statement of claim (application) is received by the court for the last of the cases that were combined. Such cases are transferred on the basis to the judge who, earlier than other judges, accepted the statement of claim for the proceedings of the arbitration court. If a claim is separated into separate proceedings, the period for consideration of the case begins to be calculated anew only when the separated claim is considered. The total duration of the trial for the purpose of determining a reasonable period of legal proceedings is calculated taking into account the period of time elapsed before the merger or separation of cases

6. Features of calculating the period for eliminating the circumstances that served as the basis for leaving the complaint without progress.

and establish a rule according to which a “immobilized” complaint is considered filed on the day of its initial receipt by the court and is accepted for proceedings if the circumstances due to which it was left without progress are eliminated within the period established by the court. The Supreme Arbitration Court of the Russian Federation clarified the nuances of applying these articles in the event that an amended complaint is sent by mail. In particular, the Court emphasized that sending documents shortly before the expiration of the deadline established by the court excluding delivery standards and deadlines for sending correspondence

, which entailed a violation of the specified deadline, cannot be regarded as timely fulfillment of the court’s requirements - since, in accordance with the court’s requirements, they are considered fulfilled at the time the documents are received by the court. This restriction, of course, does not apply to cases of sending documents electronically through the “My Arbitrator” system - the applicant can submit them until 24 o'clock on the last day

procedural period (). In fact, the Supreme Arbitration Court of the Russian Federation obliged the participants in the case to plan their actions taking into account the standards for the work of postal organizations established by the Government of the Russian Federation (Resolution of the Government of the Russian Federation of March 24, 2006 No. 160 ""). In addition, persons participating in the case are obliged to take all measures in their power

for the court to receive the relevant document (for example, in electronic form) or information about the direction of such a document (telegrams, telephone messages, etc.) (). At the same time, in the absence of information about the correction of deficiencies, the courts are ordered to check whether the applicant - taking into account the date of receipt of a copy of the ruling - sufficient time to eliminate deficiencies and about late receipt of a determination or other objective obstacles (or a petition to extend the period for leaving the complaint without progress due to the presence of such obstacles).

If the period for eliminating the deficiencies was sufficient and there is no information about objective obstacles (or a corresponding request), then the court returns the complaint. If the court does not have any information about eliminating the deficiencies, it is obliged again set a deadline for eliminating them - and if the situation repeats, issue a ruling to return the complaint (). Similar rules are established for the return of a statement of claim ().

Of course, courts have recognized before unsatisfactory performance of postal organizations as a valid reason for extending procedural deadlines if there is a corresponding petition (FAS Central District dated September 3, 2012 in case No. A14-12328/2011, FAS Volga-Vyatka District dated April 20, 2012 in case No. A82-7379/2009, FAS Moscow District dated August 25, 2010 No. KA-A40/9514-10, A, B in case No. A40-95643/09-17-678), as well as the violation by the court of first instance of the deadline for sending a copy of the judicial act by mail ( FAS Volga-Vyatka District dated February 15, 2010 in case No. A43-17748/2009).

Federal Law No. 59-FZ dated 02.05.2006 (as amended on 03.11.015) “On the procedure for considering appeals from citizens of the Russian Federation”

3. Name the main document that establishes the right of citizens to apply to various government bodies.

Constitution of the Russian Federation, Article 33 Citizens of the Russian Federation have the right to apply personally, as well as send individual and collective appeals to state bodies and local governments.

4. Is it possible to pay mutual fees for considering citizens’ appeals? What categories of legal acts regulate legal relations with the consideration of citizens? No

Constitution of the Russian Federation, Federal Constitutional Laws, Federal Law No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation”, 5.59 of the Russian Code of Administrative Offences” and Article 1 “On the procedure for considering appeals from citizens of the Russian Federation. International treaties of the Russian Federation, Local acts of organization and ministries and departments, Laws of the Subject of the Russian Federation of the Chelyabinsk region. No. 456 of 2009 “On the procedure for considering citizens’ appeals”

5. Which category of legal acts belongs to ORDER of the Ministry of Foreign Affairs of the Russian Federation dated April 26, 2012 No. 6199 “On approval of the Administrative Regulations of the Ministry of Foreign Affairs of the Russian Federation for the provision of public services for organizing the reception of citizens, ensuring timely and complete consideration of oral and written appeals from citizens, acceptance of decisions and send a response within the time period established by the legislation of the Russian Federation?”

Local acts of organization and ministries and departments.

6. What legal act should be followed if a citizen is not satisfied with the solution to his issue in Russia?

An international treaty. "Convention for the Protection of Human Rights and Freedoms"

7. Can a citizen demand a response to his appeal in electronic form?

Response to an appeal received by the state. body, local government body or official in the form of email. document is sent in the form of an electronic document to the email address specified in the appeal. (Article 10, paragraph 4)

8. Can a citizen provide evidentiary documents to the authorities in electronic form? ?

Documents can be sent by mail in electronic form, through a multifunctional center, using the information and telecommunications network Internet, the official website of the government authority

9. Can a citizen, at his own request, interrupt the consideration of his case? In this case, is it necessary to compile what l. documentation?

A citizen has the right to terminate the consideration of his case only on the basis of a personal statement.

10. Which document contains the requirements for the preparation of a written appeal from citizens? Name the document and item/article.

Federal Law of May 2, 2006 N 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation” (Article 7p.1)

11.Name the types of documents used to document citizens’ requests.

Proposal, application and complaint

12. Is it necessary to indicate the place of registration in the application?

It is not necessary to indicate

13. Is it necessary to indicate the last name, first name and patronymic?

Please indicate middle name (if available)

14. Should it be indicated that the same written appeal was duplicated to another authority or local government?

15 Should it be indicated that the same written request was forwarded to this management body from another body?

Receive a written response on the substance of the issues raised in the appeal, notification of forwarding the written appeal to a government agency, local government body or official whose competence includes resolving the issues raised;

16 Should a citizen attach only original documents as evidence?

If necessary, in support of his arguments, the citizen attaches documents and materials or copies thereof.

17 What are the main stages of paperwork regarding citizens’ appeals?

The rules for processing applications from citizens are established by Federal Law No. 59-FZ of May 2, 2006 “On the procedure for considering applications from citizens of the Russian Federation” (as amended and supplemented on June 29, 2010 and July 27, 2010).

Working with citizens' appeals includes the following operations:

· personal reception of citizens;

· reception and initial processing of written requests;

· registration of requests;

· consideration of appeals by management;

· preparation of a draft response to the appeal;

· notification of the applicant about sending the application to other institutions and organizations; 

· notifying the applicant about the lengthy consideration of the application;

· control over the deadlines for the execution of documents and the implementation of decisions made on them;

· response to a citizen;

· information and reference work on appeals;

· formation of cases and current storage of appeals;

· analysis of received requests;

· work with oral appeals from citizens.

End of form

18 Within what period must the governing body register citizens’ appeals? ?

Within 3 calendar days from receipt

19. Is it necessary to register a citizen’s appeal if the decision on it is not within the competence of the governing body?

All requests are registered. A written appeal is subject to mandatory registration within three days from the date of receipt by a state body, local government body or official. (in Part 2 of Article 8 of Federal Law No. 59)

20. Is it necessary to inform a citizen that his appeal has been forwarded to another authority?

Before we talk about the deadlines for the execution of documents, let’s talk about the deadlines for bringing them to the executors. After all, this procedure also “eats” time.

As a rule, all documents placed under control must be communicated to the executors within 1 day from the date of the resolution by the manager or his signing of the document, and urgent and operational - during few hours. The given data are approximate and should be specifically established in each organization in accordance with the requirements of its management.

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Decree of the Government of the Russian Federation dated 06/01/2004 No. 260 (as amended on 02/21/2011) “On the Regulations of the Government of the Russian Federation and the Regulations on the Staff of the Government of the Russian Federation”

47. The delivery of instructions to executors and control of their execution are ensured by the Government Office, as a rule, within 2 days, and urgent and operational instructions - immediately, but no later than within 12 hours from the moment of their signing.

In accordance with GOST R 6.30-2003, a mark on control over the execution of a document on paper is designated by the letter “K”, the word or the stamp “Control”. This mark is placed on the right side of the top margin of the first page of the document (see Example 1).

Example 1

Incoming letter with the manager’s resolution and a control mark

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Typically, an enterprise creates a special service (a separate unit, group or individual employee), which is assigned the responsibilities of both communicating documents to executors and monitoring their execution.

Standard and individual deadlines

Let's start with the definitions given by GOST.

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GOST R 51141-98. State standard of the Russian Federation. Record keeping and archiving. Terms and Definitions

The deadline for execution of the document is the period established by the regulatory legal act, organizational and administrative document;

standard deadline for execution of a document - the deadline established by the regulatory legal act;

an individual deadline for the execution of a document is the deadline for the execution of a document established by the organization’s organizational and administrative document or resolution.

An example of a typical deadline for the execution of documents is the period for consideration of citizens' appeals by the head of a state body or local government body. It is established by Federal Law No. 59-FZ of May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation” and is 30 days from the date of registration of the written appeal. See also Examples 4 and 5.

Now let us explain how individual deadlines can be set.

See Elena Yusipova’s article “What will we control? » on page 30 of the magazine “Office management and document flow at the enterprise” No. 7’ 2011

Firstly, the organization may issue a special document regulating this issue. We described the contents of the “Approximate list of documents subject to control over execution with an indication of deadlines” in the previous issue of the magazine.

Secondly, the end date for the execution of a specific document can be indicated on the document itself:

• in the manager’s resolution (which should be based on the formula “who needs to do what and when”) or
• in the text of this document (for example, each paragraph of an order or other administrative document may contain a deadline for the execution of a particular order, and a request from higher authorities may contain a specific date for the provision of information).

If the document does not indicate a deadline

It would be easy to work if everyone did what they should. But most of us are creative people, very busy, and some work as if the rules were not written for them. So there are documents without indicating a specific execution date. How to be in this case? Indeed, documents may not indicate a specific date, but:

• contain the note “urgent”, “immediately”. In this case, the deadline is 3 days;
• contain the mark “promptly”. In this case, the execution period is usually calculated 10 days;

If these words are not found in the document, then the deadline can be set to 30 days. But it is better not to do this arbitrarily, but to fix such a rule in an internal regulatory document.

If your organization has approved a list of documents that need to be put under control, and you receive documents not mentioned in it, then the manager must decide whether to put them under control or not. In this case, the deadline for execution will be indicated in the resolution. As a rule, the deadline for execution of such documents can be set within the interval from 3 to 30 days, and sometimes exceed this period. If the execution period exceeds 30 days, it is advisable that the manager in the resolution indicate not only the deadline for execution, but also the deadlines for submitting interim reports on the progress of execution, which should also be monitored. An example of such a resolution:

Example 2

Resolution establishing final and intermediate deadlines for implementation

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Where does the deadline start?

Duration of the document execution period in office work usually begins exactly from the date indicated in the document or otherwise determined (and not the next day, as is customary in civil law practice).

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Article 191 “Start of a period determined by a period of time” of the Civil Code of the Russian Federation

The course of a period defined by a period of time begins on the next day after the calendar date or occurrence of the event that determines its beginning.

By the way, in labor relations generally both principles apply:

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Article 14 “Calculation of terms” of the Labor Code of the Russian Federation

The period of time with which this Code relates the emergence of labor rights and obligations begins from the calendar date that determines the beginning of the occurrence of these rights and obligations.

The period of time with which this Code relates to the termination of labor rights and obligations begins the next day after the calendar date that determines the end of the employment relationship...

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Maria Smolyaninova, editor-in-chief of the publishing house "Business Arsenal":

“If the period is formulated using the phrase “during”, and then some period is substituted, usually in days, then from the point of view of the Russian language this means that the day the order was issued is already included in this period. For example, when they say “within three days from the date of signing”, and the document was signed on August 1, this means that the order must be completed within August 1, 2 and 3. Let me emphasize once again that this is the meaning our native language puts into this phrase.

The same text construction with the same meaning is used by most business instructions. In various government bodies, they traditionally indicate that the deadlines for the execution of documents are calculated in calendar days:

• from the date of signing (approval) of the document or
• from the date of receipt from third-party organizations (or from citizens).

For example, similar rules can be found in:

• clause 7.1.6 of the Standard Instructions for Office Work and Archives in Customs Authorities” (approved by Order of the Federal Customs Service of the Russian Federation dated October 18, 2004 No. 160);
• clause 5.11 of the Instructions for office work in the Federal Bailiff Service (approved by order of the FSSP of the Russian Federation dated December 10, 2010 No. 682).

Similarly, the Standard Regulations for the Internal Organization of Federal Executive Bodies (approved by Decree of the Government of the Russian Federation of July 28, 2005 No. 452) regarding the timing of execution of orders contains an indication of their calculation from the date of signing of the order. As a rule, instructions for office management of commercial organizations, and even those non-profits that do not belong to public authorities, fix the rules for calculating deadlines in the same way, since this is logical.

However, there are cases where deadlines, defined by periods of time, should be considered in a special way. And these special cases are specified separately by the legislator, For example:

• the initial moment of the period established for relations regulated by the Civil Code of the Russian Federation falls on the next day after the calendar date or the occurrence of the event that determines its beginning (Article 191 of the Civil Code of the Russian Federation);
• Likewise, the period established by the legislation on taxes and fees also begins the next day after the calendar date or the occurrence of the event (action) that determined its beginning (Clause 2 of Article 6.1 of the Tax Code of the Russian Federation).

In ruling No. 6-G07-7 dated August 31, 2007, the Supreme Court of the Russian Federation, considering a labor dispute, explained:

• in labor relations, when a certain period leads to the emergence of labor rights and obligations, one should be guided by Art. 14 of the Labor Code of the Russian Federation and count it starting from the specified calendar day (then it turns out, for example, that the period for familiarization with the order on personnel begins to flow on the day of its publication);
• and in all other cases one must be guided by the Civil Code of the Russian Federation (act by analogy with it), i.e. the deadline begins to count the next day.

Therefore, it is very important to specify in the office work instructions how the period is considered when labor or civil relations are affected and when they are not affected - and you will not have disputes!”

So, let us remember that, as a general rule, in office work concerning organizational and administrative documents, deadlines begin to run on the day of the specified event, and not the day after it (we warn about existing exceptions to this general rule in our article). Now let’s look at what events can start the countdown of deadlines for the execution of organizational and administrative documents:

1. From the date of approval (signing) by the manager administrative documents created in the organization, for example, such as orders, instructions (Examples 3 and 4).

Example 3

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Quite often the following wording is used in orders:

"4. To the head of the secretariat, Yukova P.A. bring this order to the commercial director A.K. Petrov. in three days from the date of signing the order."

If an order with this wording is signed on August 3, 2011, the calculation of the period will begin from the date of signing the order, i.e. from August 3, 2011. Consequently, the order must be communicated to the executors from August 3 to August 5, 2011 inclusive, i.e. in three days. Note that in this example, working days coincide with calendar days.

But how to control the implementation of an administrative document if it specifies several deadlines for execution? In this case, the deadline for the execution of the administrative document as a whole will be determined by the deadline for the execution of the last completed order.

In addition, it is also possible that the deadline for executing an order under one clause of the administrative document can be calculated from the date of signing the document, and in other clauses it can be determined differently, for example, by a specific date.

2. The countdown of the document execution period can begin from the date of receipt of the document by the organization (date of registration). Most often, in office work, this is the starting point for the execution deadline, unless otherwise expressly stated in the text of the document or the manager’s resolution on it. With this scheme of work, the period during which the received document must be registered becomes important; this should be regulated (optimally - within one or two days).

3. Much less often they use the date of the resolution by the manager or the date of receipt of the document by the contractor.

Any of these options can be recorded in the office management instructions of a specific organization. But such rules can established by law for a certain group of documents and organizations(See Examples 4 and 5). If “internal” and “superior” rules conflict, then priority is given to the “superior” ones.

Example 4

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The execution period begins from the date the order is signed by the manager who sent the document to your organization.

This rule is established by the Standard Regulations for the Internal Organization of Federal Executive Bodies (approved by Decree of the Government of the Russian Federation of July 28, 2005 No. 452) and reads verbatim as follows:

“When the federal executive body receives instructions from the President of the Russian Federation, instructions contained in acts of the Government, minutes of Government meetings, coordination and advisory bodies of the Government headed by the Chairman of the Government, Deputy Chairman of the Government, as well as instructions of the Chairman of the Government and Deputy Chairman of the Government contained in the minutes meetings held by them and resolutions containing the indication “urgently”, “immediately” (or similar), they are subject to execution within 3 days from the date of signing the order.”

Example 5

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The countdown of the document execution period can begin on the next day after the calendar date or the day of the occurrence of the event that determines the beginning of the period.

For example, office management services have to register and control executive documents. They are the basis for taking actions to enforce court decisions, as well as acts of other bodies. Such documents are usually issued by courts and notarial authorities, and include:

• writs of execution issued on the basis of decisions, sentences, rulings and rulings of courts (judges), settlement agreements approved by the court, decisions of arbitration courts, decisions of foreign courts;
• court orders;
• executive inscriptions of notarial authorities;
• orders of the arbitration court;
• accepted payment requests not paid on time;
• resolutions issued by administrative bodies on the production of penalties from citizens in an indisputable manner, etc.

In accordance with paragraph 3 of Art. 15 of the Law “On Enforcement Proceedings” dated 02.10.2007 No. 229-FZ for such documents, the period calculated in years, months or days begins on the next day after the calendar date or the day of the occurrence of the event that determines the beginning of the period.

Calculating the expiration date

The deadlines for execution of documents can be determined:

Example 6

A clause in an administrative document with a deadline linked to a specific event

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4. Head of the commercial department A.V. Merkulov prepare a report on the sale of products under state contract No. 234/04-11 dated January 11, 2011, concluded with the Ministry of Health and Social Development of Russia, within three working days from the date of shipment of the last batch of products and submit to the General Director of the Company.

Periods calculated in days may or may not include non-working days. Therefore, you should remember difference between calendar and working days:

• working days are consecutive days excluding weekends (Saturday, Sunday) and non-working holidays (established in accordance with Article 112 of the Labor Code of the Russian Federation);
• calendar days are consecutive days that include weekends (Saturday, Sunday), as well as official holidays.

How to understand in which days (calendar or working) the deadline is indicated? As a rule, by default the period is calculated in calendar days. If the author of the document implies working days, then the word “working” is necessarily added to the number of days. Let's explain with an example:

Example 7

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The resolution on the document can be formulated as follows:

This deadline is calculated in calendar days. This instruction was given on 08/04/2011, which means that the period begins to run on 08/04/2011 (this is the 1st day), and the 20th day will be 08/23/2011.

If the author of the document implies working days, then this is additionally noted: “Prepare the report within 20 working days.” And then the last day for timely preparation of the report will be 08/31/2011 (after all, August 6, 7, 13, 14, 20, 21, 27 and 28 are non-working days).

In what days is the document execution period calculated, if the adjective “calendar” or “working” is not explicitly written, it is necessary to establish it in a local regulatory act regulating control over the execution of documents in your organization.

In cases where the last day of the term (calculated in days, months or years) falls on a non-working day, the end of the term is considered the next working day (this rule, enshrined in Article 193 of the Civil Code of the Russian Federation, usually applies not only to civil law relationships, but also to others; in order to legitimize this approach in your enterprise, we recommend that you document it in internal regulatory documents, for example, in office management instructions).

Example 8

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Let's say the document says:

"5. To the head of the office Petrova A.K. familiarize the employees of the Enterprise with this order within three days from the date of signing the order.”

If this order is signed on August 26, 2011, then it must be communicated to the executors within three days, i.e. from August 26 to 28, 2011, but given that the 27th and 28th are days off, it will be possible to familiarize employees with the order on August 26th (Friday) and 29th (Monday), 2011.

A period calculated in months ends on the corresponding day of the last month of the established period.

Example 9

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The order issued the order on August 1, and it must be completed within a month. This means that the last day for its timely completion will be September 1. If 2 months were allotted for its implementation, then it could be completed until October 1 inclusive. But October 1, 2011 is a day off (Saturday), so the following rule is included here (about moving the deadline from a non-working day to the next closest working day) and the end of the deadline moves to October 3, 2011.

If the end of a period calculated in months falls on a month that does not have a corresponding date, the period ends on the last day of that month.

Example 10

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Let's say the order was issued on November 30, 2010 for 3 months. But there is no 30th day in February. Therefore, the deadline for timely execution ends on February 28, 2011.

The rules for periods calculated in months apply to periods calculated in quarters of the year. A period calculated in years ends on the corresponding month and day of the last year of the established period.

Typically, administrative documents contain a specific deadline in the form of a date (periods in the form of months and years are often used in contracts). But there is also confusion with specific dates. There is also something to clarify here. Let's start with the actions that the document/resolution instructs you to take directly in your organization.

1. If the date is simply indicated, then the order must be completed on that day before the end of working hours (usually before 18:00 or 19:00).

Example 11

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"5. Head of the sales department Chekanov A.P. submit the Company's product sales plan for 2012 for approval by the General Director. The deadline is November 1, 2011.”

But the date can be entered differently. Here it is important to pay attention to the absence of any pretexts in front of it:

"5. Head of the sales department Chekanov A.P. submit the Company’s product sales plan for 2012 for approval by the General Director on November 1, 2011.”

Both wordings of the instructions imply that the product sales plan must be submitted for approval to the General Director on November 1, 2011 before 18.00 (end of the working day in this organization).

2. If the date is preceded by the preposition "until", then the order must be completed on the day immediately preceding the date specified in the document/resolution before the end of working hours.

Example 12

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The wording of the order could be as follows:

"6. Heads of structural divisions should submit applications for subscriptions for the second half of 2011 to the head of the general department by June 1, 2011.”

Subscription applications must then be submitted on May 31, 2011 by 6:00 p.m. (the closing time for that organization) or earlier.

3. If the date is preceded by the preposition “by”, then the order must be completed on the specified day before the end of working hours.

Example 13

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"7. Heads of structural divisions must submit applications for the purchase of furniture to the head of the general department by June 1, 2011.”

With this wording of the instructions, applications must be submitted on June 1, 2011 by 18:00 or earlier.

It turns out that when using the preposition “by” the date is included, but when using the preposition “to” it is not included. But in case of conflict situations, it will be difficult to refer to the rules of the Russian language when determining the boundaries of the temporary meaning of the prepositions “before”, “by” and “to”. Moreover, there is a point of view according to which the meaning of these prepositions is the same. It is better to get rid of discrepancies, i.e. reduce risks and stop using prepositions, giving priority to specifying a specific date without a preposition. This rule should be written down in the organization’s office management instructions and it should be explained there that the execution of the order on this day before the end of the working day of your organization will be considered timely.

4. If "no later" is written before the date, then the order must be executed before the end of the business day on the specified date.

Example 14

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"5. Heads of structural divisions must provide the division’s case lists for 2012 to the head of the office management service no later than December 1, 2011.”

This wording implies that case lists must be provided on December 1, 2011, before 6:00 p.m., but preferably earlier.

Example 15

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The organization received a letter of notification from the Pension Fund of the Russian Federation about the entry into force on January 1, 2011 of changes made to the law on insurance contributions regarding the timing and composition of reporting. Reports to the Pension Fund must now be submitted no later than the 15th day of the second calendar month following the reporting period (quarter, half-year, nine months and calendar year).

Thus, the Pension Fund explained that the last dates for submitting reports to the Pension Fund in 2011 are February 15, May 16 (May 15 is a day off), August 15 and November 15.

But what about the deadline if if the result of completing an order needs to be provided to an “external” organization(for example, to the tax authority)?

Here you need to consider how the documents will be delivered (by courier or by post). A courier will deliver your documents within 1 day (several hours). It is important to him:

• have time to deliver the documents (or other result of completing the order) before the end of the working day of the organization receiving the “package” and
• obtain a signature on the receipt indicating the position and full name. who accepted the “package”, as well as the date and preferably time of delivery.

If sending is carried out through Russian Post, then you need to be guided by the following rule: written statements and notices submitted to the communications organization before the last 24 hours are considered submitted on time (Article 194 of the Civil Code of the Russian Federation). In this case, it is important to keep registers of postal items (List for sending consignment items (form 103) or List for sending international consignment items (form 103a), which are signed by the operator of the post office and an imprint of the calendar stamp of the post office), as well as the cash register check (receipt). Samples of these forms are given in the Postal Rules adopted by the Council of Heads of Communications Administrations of the Regional Commonwealth in the Field of Communications.

It should be taken into account that sometimes the legislation establishes “special requirements” for sending certain types of documents.

Example 16

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For enforcement documents, Article 16 of the Law “On Enforcement Proceedings” dated October 2, 2007 No. 229-FZ establishes the following requirements: “An action for which a deadline has been established can be completed before 24 hours of the last day of the established period.” This means that if an application, complaint, other documents or sums of money were submitted to the authority or transferred to the person authorized to accept them or submitted to the post office before 24 hours of the last day of the established deadline, then the deadline is not considered missed.

Life truth

From work experience, we can say that the problem with deadlines (especially the question “from what to count from”?) arises when the document, as they say, “has been lying around” with the manager. This is especially true for those documents whose execution period is up to 10 days inclusive. Therefore, when sending documents to the head of the organization for review, you should immediately select documents with a limited deadline. In many organizations, they specially create for this purpose folders marked "Urgent". From my experience, I can say that managers work with this folder in different ways.

For example, they consider its contents first. But if there are a lot of documents in it, then there may be no time left to consider “non-urgent” documents, or the manager will simply be busy resolving other issues. Then it may turn out that “non-urgent” documents will become “super urgent”.

The experience of managers who adhere to the rule “all documents are reviewed by the organization’s managers on the day they receive them and do not end their working day until they have reviewed all the documents” is positive. This principle works really well, which significantly affects the effectiveness of control over the execution of documents. But who can force the leader, except himself? Although the discipline of the first person usually disciplines managers of all ranks.

Sometimes external reasons can also affect the deadline. For example, a document was delivered to the organization untimely (poor performance of the post office, courier, various force majeure circumstances). And instead of registering it, for example, at 10:00 on August 1, 2011, you will have to register it the next day. It is clear that, for reasons beyond your control, this document will be submitted to the manager for review a whole day later. If the document contains a specific deadline, then the deadline for your organization will be reduced by one day, i.e. the whole day falls out. What if 5 days out of 10 fall? The question is, can you meet that deadline? If you can, then good. And if not? Then we need to think about what can be done. We recommend registering urgent documents on the day of receipt, indicating the time. In addition, documents received and registered in the organization after 17.00 hours, if it is impossible to review them on the day of receipt, must be reviewed by the manager before 11.00 hours the next day. Important documents are usually delivered by registered mail, and if such an envelope/package is delayed on the way, then when you receive the mail at the post office, you need to check in the notification of receipt form (Form 119) whether the back side is filled out correctly by the post office employee (there indicate when and to whom the shipment was transferred, whether it was received personally or by proxy; if by proxy, then the surname of the authorized person is written), while the recipient puts his signature and full name in the “Received” line.

Postponement of the deadline for execution of documents

The deadline for the execution of documents must be realistic and take into account the time required to perform technical operations of the contractor with documents and the degree of workload of employees.

Is it possible to change the deadline for the execution of a document? Yes:

• standard deadlines change with the adoption of a new regulatory act,
• individual - by the managers who installed them.

It often happens that after a detailed study of the order by the responsible executor, it turns out that the time allotted by the manager is insufficient. In this case, the responsible executor informs the manager who monitors the execution of the document on its merits, identifies any problems that have arisen, and justifies the actual deadline for execution. Further, it is possible to change the deadline, but only after informing the manager who set it. Typically, informing the manager about the need to change the deadline for the execution of a document is carried out by the one who controls the execution of the document on its merits.

The document regulating the procedure for monitoring the execution of documents at the enterprise must provide for a procedure for changing the deadline for execution or removing a document from control if there is no longer a need for its execution.

An extension of the execution period must be issued immediately upon receipt of the document by the contractor or before the expiration of the document execution period. If these conditions are violated, the document will be considered unfulfilled.

During execution, the manager can not only change the timing of the document, but also clarify the task, change the composition of performers and co-executors. All this information, if it changes, is immediately reported by the responsible person to the control group.

But situations are also possible when the deadline for completing an order is, as they say, “missed”, i.e. the order was not completed in a timely manner. For such cases, the relevant regulatory document must provide for liability for “violators.”

Example 17

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This situation is reflected in the Regulations of the Government of the Russian Federation:

“If the order is not executed within the prescribed period, the executor (the main executor) of the order, within 3 days after the expiration of the period given for the execution of the order, submits to the Government an explanation about the state of execution of the order, the reasons for its non-execution within the prescribed period, indicating the officials, who are entrusted with the execution of the order, and on the liability measures taken against employees guilty of failure to fulfill the order.”

Having analyzed the calculation of deadlines for the execution of orders and documents, we see that this problem is not as simple as it seems. Therefore, the issue of calculating the deadline should be regulated in detail in your organizational and administrative documents. In addition, the organization’s document flow itself must be structured in such a way as to eliminate document delays.

Footnotes

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Often the regulations themselves define the procedure for their entry into force. In this case, a wide variety of wording is used indicating the time of entry into force, of which the most common in federal regulations are the following:

Upon expiration... from the date of official publication;

Upon expiration... after the day of official publication;

Considering that Federal Law dated June 14, 1994 N 5-FZ and Decree of the President of the Russian Federation dated May 23, 1996 N 763 (clauses 7 and ) it is permissible to establish a procedure for the entry into force of legal acts that is different from the rules provided for therein, wording on the conditions and procedure for entry These acts in force should be taken as carefully as possible.

First of all, it is necessary to distinguish between the wording “from the day of official publication” and “after the day of official publication”. This determines the decision on what day (on the day of publication or the day after publication) the document comes into force or what day is considered the beginning of the period if the entry into force of the document is associated with the expiration of a certain period.

Supporters of one position believe that if “with” is indicated, then the first day should be considered the day of official publication, if “after”, then the period begins to be calculated on the next day after publication. This point of view is justified by the fact that since the legislator, for some reason, uses two different prepositions, it means that they differ in meaning, and therefore they must be understood literally.

Proponents of another position believe that regardless of the wording “with” or “after”, the period begins to run the next day after publication. As an argument, the rules for calculating deadlines established by industry laws are given, for example: the Civil Code of the Russian Federation (Chapter 11), the Tax Code of the Russian Federation. It is also noted that this approach is more consistent with the provisions of special regulations governing the general procedure for the entry into force of legal acts, including Federal Law dated June 14, 1994 N 5-FZ, Decree of the President of the Russian Federation dated May 23, 1996 N 763 (paragraphs 5, and ). In the listed acts, when establishing the general procedure for the entry into force of legal acts, the preposition “after” is used.

Since the legislation does not currently regulate the issue of when the period associated with the entry into force of documents begins and ends, the possibility of using existing codes to determine these terms needs to be discussed in more detail. Is it correct to apply the rules of law by analogy in this case?

There are different points of view on this issue. According to one of them, there is no reason to use the norms of industry codes to calculate the terms for the entry into force of legal acts, since these codes establish the procedure for calculating the terms for regulating specific types of legal relations. Another point of view suggests the possibility of partial use of the norms of industry codes, in particular, Articles 191 and the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), establishing, respectively, the beginning and end of the period determined by the period of time. In this case, one should proceed from the admissibility of applying civil legislation by analogy on the basis of Article 6 of the said Code.

But even if we partially use the norms of the Civil Code of the Russian Federation, ambiguity still remains. Thus, Article 192 establishes that “a period calculated in months expires on the corresponding date of the last month of the period.” The question arises: does the period expire at 00 hours or at 24 hours of the corresponding date of the last month of the period? For example, a normative act was published on January 1 and comes into force after one month from the date of official publication. If we assume that the period began to run from the date of publication, i.e. from January 1, then the effective date of the document can be determined as either February 1 (if the period expires at 00 hours) or February 2 (if the period expires at 24 hours). And, by applying the Civil Code of the Russian Federation, according to which the course of a period defined by a period of time begins the next day after the calendar date or the occurrence of an event that determines its beginning, you can get the following date options - February 2 and February 3. Thus, with different options for calculating deadlines, you can get different dates.

To illustrate the ambiguity in the issue of calculating the dates for the entry into force of legal acts, we will give examples of different definitions of the date of entry into force of the same document.