Administrative documents. An order is the most common legal act issued by the head of an institution, acting on the basis of the principle of unity of command, in order to resolve the main and operational tasks facing this institution. Legal act and

ORDER

An order is a legal act issued by the head of a management body, acting on the basis of unity of command, to resolve both the main and operational tasks of its activities.

An order on the main activity of an enterprise or organization is a regulatory document (local regulatory act) that is mandatory for execution by all employees.

An order on the main activity formalizes all decisions of the manager related to the organization of work of the enterprise and structural divisions, planning, reporting, financing, operational management and other areas of current activities. Such orders are called proactive.

Orders are also issued when it is necessary to bring to the attention of enterprise employees legislative, regulatory documents and decisions adopted by higher authorities and management, to organize their specific implementation or to ensure compliance with the requirements of these documents in the current activities of the enterprise. These orders are classified as issued “in pursuance”.

Orders must strictly comply with current legislation. The process of their preparation can be divided into four stages:

1 - study of current legislative, regulatory acts and methodological documents in accordance with which this area of ​​​​activity of an enterprise or organization is built and implemented;

2 - identification of orders or other administrative documents of a given enterprise previously issued on this or similar issues, analysis of the reasons for their non-fulfillment or features of implementation;

3 - drawing up a draft document, precisely defining the purpose of its publication, establishing specific deadlines and performers, clearly formulating administrative actions:

4 - preparation of the draft order, its endorsement, approval and signing.

Work at the third and fourth stages of preparing the order is carried out almost simultaneously.

A draft order for the main activity is usually prepared by a structural unit, a specific specialist or a secretary-assistant on behalf of the manager.

The drafters carry out mandatory approval of the project with the executors indicated in the document, the person who is entrusted with control over the execution of the order as a whole, and the legal adviser. Draft orders on the financial activities of an enterprise are coordinated with the accounting department or financial service.

Coordination of the draft order with other enterprises or organizations is carried out if necessary.

An order for the main activity is drawn up on a general form or on a blank sheet of A4 paper with the details arranged according to the general form (centered or flag method). If orders are issued more than 200 times a year, then it is economically feasible to print a special order form.

The standard order form for the main activity includes the following details:

name of the document type (ORDER);

date;

reg. number;

place of compilation or publication;

title to the text;

text:

signature;

visas or approval stamp.

The name of the type of document (ORDER) is written in capital letters with 2 line spacing below the name of the author's organization from the border of the left margin or printed on the general form in a centered way, and on the form of an order printed in advance, in a typographical way, as a rule, in a centered way.

The date is issued digitally (06/12/96) and is located 2 line spaces below the name of the document type or above a special boundary line in the form. The date of drawing up the order is both the date of its signing and entry into force (unless the time of entry into force is specifically stated in the text). The manager must sign it in his own hand at the time of signing the order. An alphanumeric method of its design is allowed (June 12), in which the month and year can be printed in advance (without quotes).

The registration number of the order for the main activity will be issued on the same line as the date, above a special boundary line on the form or within the area allocated for the date and number in the header part of the document. Reg. the number represents the gross serial number of the order within the calendar year (No. 25: No. 30).

The place for drawing up and issuing the order is drawn up with 2 line spacing below the date and number from the border of the left field when the details are located angularly, and when placed longitudinally - in the center of the line. On the general order form, this detail is prepared in advance in a typographical way, usually centrally. This detail contains the name of the locality where the enterprise or organization has a “registered legal address.” Abbreviations used to indicate geographical names must comply with the postal rules of the Ministry of Communications of the Russian Federation.

For example:

Belev, Tula region.

Ryazan

With. Vyatskoye, Prokhorovsky district, Kursk region.

When designating Moscow and St. Petersburg, the abbreviation “g.” (“city”) is not used.

The title to the text is drawn up in the upper left corner with 2-3 line spacing below the attribute “place of compilation or publication” from the border of the left margin or is printed on a form within the area indicated by the limiting corners. The title should reflect the content of the document and be as accurate and concise as possible. It begins with the preposition “about”, answers the question “About what?”, is formed using a verbal noun (“About creation...”, “About approval...”) and can usually consist of 3-5 single-spaced lines. It must be remembered that the title of the order serves not only the purposes of its registration and search. It makes it easier to perceive the text of an order, can set the tone for its execution, and influences the formation of the attitude of subordinates to the manager’s administrative activities, so one must always follow the rule: first the text is compiled, edited, “polished,” and only then a title is formulated for it.

The text of the order on the main activity usually consists of 2 parts - stating and administrative. The ascertaining part contains the rationale for the reasons, goals and objectives of issuing the order, and the need to carry out administrative actions.

In an initiative order, the stating part of the text usually begins with the preposition “For...” or with complex denominate prepositions “In connection...”, “With the chain...”, which facilitate the formulation of the text and are its typical part. For example:

"To organize preparations for the opening of a branch...";

"In order to attract additional funds...";

"In connection with the redistribution of functional responsibilities of specialists in the commercial department...".

It should be remembered that the preposition “For the purpose of...” is still considered not to correspond to the norms of the business style of the Russian literary language.

If administrative actions require detailed justification, then the stating part of the text of the initiative order contains a statement of facts, assessments, reasons and circumstances, formulated and arranged according to the degree of their significance, and the construction ends with the same prepositions “For...”, “In connection. ..”, “For the purpose of...”, etc.

The phrase “Based on the foregoing...” is archaic and also does not correspond to the norms of modern business speech.

In an order issued “in pursuance”, the stating part begins with the prepositions “in accordance with...”, “On the basis of...”, “In connection...”, “In pursuance...”, contains the name of the type of document , name of the author organization, date, reg. number, full title to the text of the document in pursuance of which this order is issued. A standard speech model is used to formulate the text. For example:

"In accordance with Decree of the Government of the Russian Federation dated June 30, 1996 No. 870 "On increasing the tariff rate (salary) of the first category of the Unified tariff schedule for remuneration of public sector workers...";

"In pursuance of the Decree of the Moscow Government dated 06.06.96 l/o 838 "On subsidies to the magazine "My Moscow" ... ".

The stating part ends with the word “I ORDER:”, which is written on a separate line from the border of the left margin in capital letters (without space) and ends with a colon.

The administrative part of the text is compiled point by point, each of which is numbered in Arabic numerals and begins with a red line.

If the order establishes legal norms (rules) regulating the main activities of the enterprise and intended to be applied for a long time (regulatory clauses), then they are formulated according to an approximate speech model: what (c) to do - from what time (or for how long) . For example:

“Approve the staffing table of the commercial department for the third quarter of 1993,”

If the order gives instructions to executors (specific officials, structural divisions or their managers), then in each paragraph it is necessary to indicate their names or names, clearly formulate the prescribed action and indicate the deadline for execution. Such guarantee clauses are formulated according to an approximate speech model: to whom - what to do - when (by what time). For example:

“Commercial Director Vasiliev S.F. to develop regulations on the marketing department by June 25, 1996.”;

"The Human Resources Department should organize advanced training for the technical personnel of the enterprise in October 1996." or

“The Human Resources Department (I.V. Tyumina) should organize technical training for building maintenance specialists from October 10 to October 12, 1996.”

If necessary, the head of an enterprise or organization delegates his right to control the execution of an order to a specific official. Then a special clause on control of execution is drawn up in the administrative part of the text last and is built according to the model:

“Control over the execution of the order shall be entrusted to commercial director A. K. Simonov.”

Archaic phrases like: “I reserve control over the execution of the order” when formulating the control clause are not allowed.

The signature is drawn up at 3-4 line spacing below the text from the border of the left margin and includes the name of the position of the person signing the order (abbreviated, since the name of the enterprise or organization-author is indicated in the header), personal signature and its transcript. The transcript of the signature is printed from the 6th position of the tabulator without brackets in lowercase letters (except capital letters) at the level of the last line of the job title. The initials are placed before the surname, there is no space between the initials and the surname. The personal signature of the manager is affixed to the first copy of the order.

Visas or approval stamps are issued before signing the order on the first copy of its draft on the front side of the last sheet with 3-4 line spacing below the signature. If there are several visas and stamps, then they are located in two rows from the 0th and 4th positions of the tabulator. The visa includes the personal signature of the visa holder, its transcript and date. If necessary, indicate the title of the position.

For example:

Legal Advisor

(personal signature) I.P. Vasiliev (personal signature) I.G. Zverev

12.06.96 13.06.96

Approval marks are drawn up according to the following model:

Agreed Agreed

Deputy Director

An example of drawing up an initiative order for the main activity

Closed joint stock company

"Technopromexport"

ORDER

27.06.96 № 131

Moscow

On the creation of an agreement

legal management

To improve legal support for activities

I ORDER:

1. Create a contractual-legal management of the joint-stock company "Technopromexport".

2. Approve the structure and staffing of the Main Contractual and Legal Department for the third quarter of 1996.

3. The Head of the Personnel Department, A. T. Akimov, organize the selection and staffing of personnel management on a contract basis.

Chairman of the Board personal signature B.M. Petrov

AGREED Legal Adviser

Minutes of the meeting (personal signature) T. S. Shokhin

board 06.23.96

22.06.96 № 3

Deputy Chairman Head of Department

HR Board

(personal signature) O.V. Stepanov (personal signature) V.T. Akimov

23.06.96 24.06.96

JSC "AKRUS"

About changing the work schedule

Due to production needs and on the basis of a memorandum from the beginning. department of Orlova V.I. from 01/08/2000

I ORDER:

1. Head of the technical department M.I. Volkov organize the work of the department on Saturdays from 01/10/2000 to 02/10/2000.

2. Ch. accountant Slovim O.B. prepare proposals for payment of overtime days until January 15, 2000.

3. Ch. engineer Zimin V.I. organize control over the execution of the order.

General manager Signature G.K. Litvinov

Text of the order is divided into points if there are several orders. Each item begins with a red line. The last paragraph indicates the person or structural unit that exercises control over the execution of the order as a whole. If there is no control clause, control over the implementation of this order is carried out by the head of the enterprise personally.

If necessary, the order lists previously issued documents (orders, decisions) that are canceled by this order.

If the order puts into effect any documents (instructions, rules, regulations), then they are drawn up as an appendix to the order. In the upper right corner of such documents is written:

"Appendix to the order of the director of JSC "Era" dated 01.03.98 No. 7."

After drawing up the text of the order, it is necessary to carry it out approval and signing.

Draft orders may be agreed upon with the chief accountant, legal adviser or other officials of the enterprise. Such approval is formalized by a visa.

Orders are signed the head or his deputies who are granted such right. The order comes into force from the moment of signing, unless the text specifies another date for its entry into force.

After issuing the order, the assistant secretary or office worker organizes familiarization of employees enterprises with its content. One copy of the order is posted on the announcement stand; another copy, which is used, records the familiarization of the order by the employees responsible for its execution. On the bottom margin of the document or on the back of the sheet, the employee writes “acquainted”, signs and dates the acquaintance.

If necessary, the signed order is copied by the secretary and distributed to the executors for work.

The same applies to management documents such as decisions and orders.

(name of organization)

00.00.2000 № ______

_______________________________

(subject of the order)

In connection ___________________________________________________________________

__________________________________________________________________________

(ground, reason for compilation)

I ORDER:

1.________________________________________________________________________

2.________________________________________________________________________

3.________________________________________________________________________

______________________ Signature ______________________

(position of the head of the organization) (I.O. Last name of the head)

______________________

(Visa approval of documents)

I have read the order: _________________ /_______________ / _________________

(Personal signature) (Last name I.O.) (Date)

"Workstation of the Secretary", LLC "ICC "Garant International", 1999,Email: [email protected]

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

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

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

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

Composition of administrative documentation

Administrative documentation includes:

• regulations;
• solutions;
• orders;
• orders;
• instructions.

Resolution- a legal act adopted by the highest and some central collegial management bodies for the purpose of authorization the most important and fundamental tasks facing these bodies, and establishing stable norms and rules of conduct.

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

Order- a legal act issued by the head of a government body (its structural unit), acting based on unity of command, for the purpose of authorization main and operational tasks standing before this body. In some cases, it may concern a wide range of organizations and officials, regardless of subordination.

Order- a legal act issued single-handedly the head of, mainly, a collegial government body in order to resolve operational issues. As a rule, it has a limited validity period and concerns a narrow circle of organizations, officials and citizens.

Note- a legal act issued by a government body primarily on informational and methodological issues, as well as on issues related to the organization of execution of orders, instructions and other acts of this body and higher management bodies.

Having analyzed the functional features of each document included in the complex of administrative documentation, one can notice that their main differences relate to:

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

2) a list of issues considered in them.

Let's look at these differences in more detail.

■ Differences in administrative documents regarding the procedure for resolving issues considered in them (on the basis of collegiality or unity of command). Let us explain what the executive body represents the interests of the organization and acts on its behalf in relations with other enterprises, as well as government agencies. He embodies the will of the founders (participants) and manages the current activities of the legal entity. In this case it can be:

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

The constituent documents of the organization state what rights are vested in the general director (director) or the board (directorate), and also indicate the procedure for approving (signing) documents that fall within the competence of the relevant executive body. Therefore, in order to understand the right to sign orders at an enterprise, you need to carefully read the constituent documents. As an example, let us cite the following wording from the Charter:

8.5. General Director of the Company:

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

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

Extraction

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

(as amended on December 28, 2010)

Article 69. Head of a joint-stock company

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

Extraction

from Federal Law of November 14, 2002 No. 161-FZ

“On state and municipal unitary enterprises”

(as amended on 07/02/2010)

Article 21. Head of a unitary enterprise

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

The head of a unitary enterprise acts on behalf of the unitary enterprise without a power of attorney, including representing its interests, makes transactions on behalf of the unitary enterprise in the prescribed manner, approves the structure and staff of the unitary enterprise, hires employees of such an enterprise, enters into contracts with them, changes and terminates employment contracts, issues orders, issues powers of attorney in the manner prescribed by law. […]

A general scheme for classifying administrative documents depending on the order in which the issues addressed in them are resolved.

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

Decisions, resolutions and orders issued in all cases when it is necessary to adopt a normative or individual act on main issues competence of the organization (clause 2.1.4 of the State Budgetary Educational Institution). The main issues of the organization's competence include issues related to the main line of business, be it production or sales, investment or construction, insurance or the provision of other services, issues related to financing, preparation of enterprise reports, implementation of the planning function, personnel management, development of scientific- technical base.

Orders, instructions are published on operational issues and for organizing the execution of decisions, decisions and orders(clause 2.1.4 GSDOU ). Operational issues include issues of managing current events, namely: operational planning, operational accounting, operational control, coordination.

How do things stand with administrative documents in practice?

In the activities of commercial organizations, administrative documents are used that are adopted by the sole executive body: orders, instructions, instructions (as a rule, instructions are issued by government bodies, but enterprise managers also have the right to issue this type of document). Sometimes, although very rarely, such an administrative document is issued as a decision made by a collegial executive body. A resolution as an act of management issued by the highest executive and administrative bodies of state power is of no interest to commercial organizations. Despite this, it should be taken into account that decisions can be adopted not only at the state level, but also by the heads of collegial bodies of public organizations on the main issues of their activities.

When is the order issued?

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

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

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

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

The order approves the composition of various commissions (for conducting inventory, destroying seals, writing off fixed assets, etc.), working groups (for example, for developing the main directions of strategic development of the enterprise).

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

When is the order issued?

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

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

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

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

When should an instruction be prepared?

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

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

When is the solution used?

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

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

Please note

In practice, organizations usually use two types of administrative documents: orders and instructions. Moreover, there are no regulations regulating the use of this or that type of administrative documentation in commercial organizations. Therefore, the use of any administrative document should be provided for in the organization’s office management instructions, but the requirements set out in the constituent documents of your organization should be taken into account.

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

Extraction

fromRegulations of the Moscow Government

3.1.2. Decrees and orders of the Moscow Mayor

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

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

Features of the preparation and execution of administrative documents

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

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

■ Administrative documents may be joint, i.e. prepared organizations that issue identical documents in order to resolve any issues of joint activities.

■ The administrative document consists of ascertaining and administrative parts, the latter can be divided into paragraphs, which indicate who is doing what and in what time frame, for example:

3. Commercial Director Abramov P.E. prepare a sales plan for 2012 and submit it for consideration by the Board of Directors by October 1, 2011.

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

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

■ The administrative document comes into force from the date of signing or the date indicated directly in the document itself. For example, an order approving the regulations for writing off accounts receivable may contain the following wording:

2.1. Approve the Regulations for writing off accounts receivable at Sintez OJSC and put it into effect on July 1, 2011.

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

■ An administrative document may be of long-term validity or be in the nature of a one-time order, those. relate to the execution of certain issues.

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

6. Head of the office management service Avdeeva A.K. bring this order to all members of the commission within three working days from the date of its signing and bring this order to the attention of newly hired employees who are members of the commission for writing off fixed assets within three working days from the date of their hiring.

Typically, an organization creates a separate folder with long-term administrative documents, which newly hired employees must be familiar with. In addition, in long-term orders, it can be recommended to indicate only the positions of employees without indicating the last name, first name, and patronymic. If an administrative document is communicated to a limited number of employees, then they can be cited directly in the order itself; if the list includes many employees, then it can be recommended to create a mailing register, and at the enterprise they can be standard (for example, a mailing register for heads of structural divisions, branch directors, etc.) or individual (compiled separately for each administrative document).

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

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

This formulation does not raise questions about the deadline.

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

If the order was signed on June 17, 2011, then it must be communicated to the executors by June 21, 2011, i.e. within three working days, excluding weekends - June 18 and 19.

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

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

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

1. Cancel the order of Sintez OJSC “On the creation of a commission for writing off fixed assets” dated June 20, 2010 No. 365 from July 1, 2011.

It should be taken into account that the validity of the administrative document may be suspended by the relevant competent authorities.

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

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

State system of documentation support for management. Basic provisions. General requirements for documents and documentation support services (approved by the Board of the USSR Main Archive on April 27, 1988; order of the USSR Main Archive dated May 25, 1988 No. 33).

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

Order is a legal act issued by the head of an organization, acting on the basis of sole decision-making, in order to resolve the main and operational tasks facing the organization.

Orders differ according to main activities and personnel.

Orders on the main activities are issued during the reorganization, liquidation of an institution, approval and change of structure and staff, in order to approve and (or) put into effect documents (provisions, instructions, rules, regulations, etc.), if necessary, to regulate issues of the organization's activities.

Orders on personnel (personnel orders) regulate the reception, movement, dismissal of workers, the provision of leaves, the assignment of ranks, the imposition of penalties and incentives for workers.

Orders are issued on an order form. Draft orders prepared for approval are drawn up on standard sheets of paper with all the necessary details indicated and “Draft” indicated in the top field of the document on the right.

The title is a mandatory detail of the order; it must be formulated clearly, as briefly as possible, expressing the main content of the document, and must answer the question “About what?”, for example:

“On the creation of a branch of the company in Tver”

“On changing the charter of the company.”

The text of the order consists of two parts: stating and administrative. The ascertaining part provides the rationale for the prescribed actions.

The ascertaining part is separated from the administrative part by the word “I ORDER”, which is printed on a new line in capital letters, in a sparse font. Each order is drawn up as a separate item. Items are numbered in Arabic numerals.

The clause of the administrative part containing the order includes the name of the executor or executors, the prescribed action, and the deadline for completing the order. The execution period is not indicated in the administrative part of the order if the prescribed action or actions are permanent.

The last paragraph of the order is the control paragraph, which indicates the name of the position of the person responsible for the execution of the document, his initials and surname.

3. Control over the execution of the order is assigned to the deputy general director of the company, O.N. Baranov.

General Director Signature Initials, surname

If the item in the administrative part is of an organizational nature, then the performers and deadlines for execution are not indicated, but only the action is formulated:

ORDERS:

1. Approve the Instructions for document support of the company’s activities.

Before being submitted for signature, the draft order is endorsed by all interested departments and officials. Visas are affixed to the first copy of the order on the back of the last sheet.

If the draft order contains attachments of a reference or analytical nature (graphs, diagrams, tables, lists), references are given in the text of the order in the relevant paragraphs of the administrative part. On the attachment itself, in the upper right corner of the first sheet, the word “Appendix” is printed (if there are several attachments, they are numbered) and it is indicated to which order or item of the order

Application applies:

Appendix No. 1

to clause 2 of the order

general director

dated June 14, 1999 No. 86

If the appendix to the order is an approved document (regulations, rules, instructions, etc.), the following mark is made in the corresponding paragraph of the administrative part: “(attached)”, and an approval stamp is issued on the appendix in the upper right corner

document.

In draft orders that have one or more appendices, there must be a single page numbering for the main text and all appendices.

Attachments to draft orders must be endorsed by the executor who prepared them and by the heads of structural units. A mailing list is attached to the draft order.

Orders are signed by the head of the organization or his deputy, who officially acts as the head during his long absence (business trip, vacation, illness).

Order- this is a legal act issued individually by the head of a collegial management body within the competence granted to him, as well as by the heads of organizations acting on the basis of unity of command, in order to resolve operational issues. As a rule, the order has a limited validity period and concerns a narrow circle of organizations and officials.

Orders are drawn up and executed according to the same rules as orders, however, the texts of orders do not contain a keyword that separates the introductory and administrative parts.

Note- this is a legal act issued solely by the head of an organization or his deputies, primarily on issues of an informational and methodological nature, as well as on issues related to the organization of the implementation of orders, instructions and other legal acts of a given or higher organization.

In general, instructions are drawn up and executed similarly to orders, but the key words in the text of the instruction can be: “I OBLIGATE” or “I OFFER” - depending on the content of the instruction.

As is known, the management of any organization is vested with the right to carry out executive and administrative activities and, accordingly, issue organizational and administrative documents, regardless of the organizational and legal form, nature and content of the organization’s activities, its competence, structure, etc.

The main types of organizational and administrative documents are : order, instruction, order, decree, decision.

Order, instruction, instruction, as documents issued under conditions of sole decision-making

Order, instruction, instruction - organizational and administrative documents issued in conditions of sole decision-making.

An order is a legal act issued by the head of an enterprise, acting on the basis of unity of command, in order to resolve the main and operational tasks facing the enterprise. The order contains mandatory instructions.

Let's call main types of orders :

• orders on general issues , which in turn are divided into orders on organizational issues (when creating, reorganizing or liquidating structural units) and orders on core activities (when approving regulations on structural units and job descriptions, when introducing new standards, when changing the work schedule of the enterprise, etc. );
• orders for personnel and personnel (these orders are prepared by the personnel department when appointing, dismissing, moving employees to a position, when employees go on regular leave, etc.).

In accordance with the recommendations of GOST R 6.30-2003 “On approval of unified forms of primary accounting documentation for labor accounting and payment”, orders are carried out on organization forms .

The order is signed by the head of the institution or another official to whom the head has delegated his powers. After signing the order, it is not allowed to introduce any changes to its text.

Orders on personnel and personnel are stored in the personnel department, other orders are stored in the office.

Note – a legal act issued individually by the head of an enterprise or his deputy, primarily on issues of an informational and methodological nature, as well as on issues related to the organization of the implementation of orders, instructions and other acts of a given or higher organization (key words: “I OBLIGATE”, “I OFFER”) .

Order - a legal act issued individually by the head of, mainly, a collegial government body in order to resolve operational issues. As a rule, it has a limited validity period and concerns a narrow circle of organizations, officials and citizens.

Instructions and Orders are largely carried out and drawn up by analogy with orders.

Resolution and decision as documents issued under conditions of collegial decision-making

Resolutions and decisions are issued on the basis of decisions made jointly by a group of workers (collegium, meeting, council, board, etc.). It is believed that collegiality allows the most important issues of activity to be resolved most correctly and effectively.

The federal government, representative bodies and governments of federal subjects and local governments, committees and commissions, boards of ministries, supreme governing bodies of joint-stock companies, etc. operate on the basis of collegiality.

Solution – a legal act adopted by collegial and advisory bodies of enterprises and institutions in order to resolve the most important issues of their activities (key verbs “DECIDED”, “DECIDED”, “DECIDED”).

The decision is made on organization letterhead . Mandatory details of the Decision are: name of the organization, name of the type of document, date and registration number of the document, place of preparation or publication, title to the text, text, signature, approval visas for the document.

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

Resolutions are also adopted by the governing collegial bodies of public organizations on the most important and fundamental issues of their activities.

The procedure for drawing up and processing resolutions is generally similar to the procedure for drawing up decisions. The differences lie in the key verbs that separate the administrative part from the ascertaining part: “RESOLVED” or “DECIDED”.

Order

This is a legal act issued by the head of an organization, acting on the basis of sole decision-making, in order to resolve the main and operational tasks facing the organization; in some cases may concern a wide range of organizations and individuals.

Orders differ according to main activities and personnel.

Orders on main activities are issued during reorganization, liquidation of an institution, approval and change of structure and staff, in order to approve and (or) put into effect documents (provisions, instructions, rules, regulations, etc.), if necessary, regulate issues of financing, logistics, scientific -technical policy, information and documentation support, social policy, etc.

Orders for personnel(personnel orders) regulate the hiring, transfer, dismissal of workers, the provision of vacations, the assignment of ranks, the imposition of penalties and incentives for workers.

Orders are issued on an order form. Mandatory details of the order are the name of the superior organization (if there is one), the name of the author organization, the name of the type of document (ORDER), date and number of the document, place of publication, title to the text, signature, visas.

Currently, the use of unified forms of orders for personnel is widespread.

Draft orders prepared for approval are drawn up on standard sheets of paper with all the necessary details indicated and “Project” indicated in the upper field of the document on the right.

Draft orders are drawn up on the basis of a thorough and comprehensive study of issues that require resolution, so that the instructions contained in the drafts are specific and realistic, comply with current legislation, are provided with sufficient material, technical and financial resources, and eliminate the need for further adjustments to decisions made.

The title is a mandatory detail of the order; it must be formulated clearly, as briefly as possible, expressing the main content of the document, and must answer the question “About what?”

The text of the order consists of two parts: stating and administrative. The ascertaining part provides the rationale for the prescribed actions. If the basis for issuing the order was a legislative or regulatory legal act of a higher organization or a document previously issued by this organization, its name, date, number are indicated in the ascertaining part:

If a draft order is prepared in addition to or modification of a previously issued order, then the date, number, and title of the supplemented or modified order are indicated in the ascertaining part.

If the order is issued proactively, i.e., in fulfillment of the functions and tasks assigned to the organization, the ascertaining part formulates the goals and objectives of the prescribed actions, sets out the facts or events that led to the issuance of the order:

The ascertaining part is separated from the administrative part by the word “I order”, which is printed on a new line in lowercase letters in space.

The stating part may be absent if the prescribed actions do not require explanation or justification.

The administrative part of the order is stated in the imperative form in the 1st person singular. Each order is drawn up as a separate item. Items are numbered in Arabic numerals.

The clause of the administrative part containing the order includes the name of the executor or executors, the prescribed action, and the deadline for completing the order. When the prescribed action is divided into separate tasks, they are formulated in the form of subparagraphs. Each paragraph or subparagraph of the administrative part of the order contains only one task with a specific deadline. The execution period is not indicated in the administrative part of the order if the prescribed action or actions are permanent.

The last paragraph of the order is the control paragraph, which indicates the name of the position of the person responsible for the execution of the document, his initials and surname.

If the clause of the administrative part is of an organizational nature, then the performers and deadlines for execution are not indicated, but only the action is formulated.

When drawing up a draft order you must:

§ link the instructions contained therein with documents previously issued on this issue in order to avoid repetitions or contradictions;

§ present the text briefly, consistently, clearly, without allowing the possibility of its double interpretation;

§ identify specific performers and realistic deadlines for the execution of orders;

§ ensure legally correct (unambiguous) spelling of the names of organizations mentioned in it;

§ indicate the structural units and officials who are entrusted with control over the execution of the order;

§ indicate acts that are subject to repeal or have lost force in any part.

The draft order must be written clearly, intelligibly, in compliance with all grammatical rules. Complex subordinate clauses and a large number of participial and adverbial phrases should be avoided. Special terms should be used to the extent necessary and only generally accepted ones. In the text of the draft order, arbitrary abbreviations and abbreviated names cannot be used. It is unacceptable to use different, although equivalent, terms to denote the same concept. It is inappropriate to use all kinds of wishes and expressions in an order: “raise the level”, “pay attention”, “strengthen control”, etc.

Before being submitted for signature, the draft order is endorsed by all interested departments and officials. Visas are affixed to the first copy of the order at the bottom of the last sheet of the document or on the back of the last sheet.

If the draft order contains appendices of a reference or analytical nature (graphs, diagrams, tables, lists), references are given in the text of the order in the relevant paragraphs of the administrative part: “(Appendix 1)”, “(Appendix 2)”.

On the appendix itself, in the upper right corner of the first sheet, the word “Appendix” is printed (if there are several attachments, they are numbered) and it is indicated which order or point of the order the appendix relates to.

If the appendix to the order is an approved document (regulations, rules, instructions, etc.), the following mark is made in the corresponding paragraph of the administrative part: “(attached)”, and the document approval stamp is issued on the appendix in the upper right corner.

In draft orders that have one or more appendices, there must be a single page numbering for the main text and all appendices.

Attachments to draft orders must be endorsed by the executor who prepared them and by the heads of structural units. A mailing list is attached to the draft order.

Orders are signed by the head of the organization or his deputy, who officially acts as the head during his long absence (business trip, vacation, illness).

This is a legal act issued individually by the head of a collegial management body within the competence granted to him, as well as by the heads of organizations acting on the basis of unity of command, in order to resolve operational issues. As a rule, the order has a limited validity period and concerns a narrow circle of organizations and officials.

Orders are drawn up and executed according to the same rules as orders, however, the texts of orders do not contain a keyword that separates the introductory and administrative parts.