Chipboard documents are intended for official use. That is, they contain information intended only for certain categories of citizens. However, the secret documents of the chipboard are not. But the information in them concerns only the economic life of the corresponding enterprise. Particleboard documents are always distributed in a limited format.
About acts
These issues are regulated by the regulatory framework of the Russian Federation. So, everything related to the particleboard documents is regulated by the RF Government Decree No. 1233.
Accounting
According to the instructions provided in the law, chipboard documents are necessarily reflected in the official records of the organization. Any improper action with this documentation will result in information leakage. Therefore, they use documents marked "Particleboard" with special care.
The location of the documentation is also monitored, and this is mandatory. Such requirements make it possible to ensure responsibility for the storage of documents marked "Chipboard". The availability of these securities is always carefully checked so that there is always the opportunity to notice their loss on time and take appropriate measures.
Kinds
Samples of chipboard documents are 3 types. These are incoming, outgoing and internal documents. The latter are formed during the daily life of the enterprise. Storage of chipboard documents is limited to their stay only at the enterprise. This category includes instructions, acts. The accounting of documents of chipboard is carried out by structural units that are responsible for non-secret documentation.
Stages
All incoming documentation already in the organization goes through several stages. Firstly, this is her technique. Secondly, this is the inclusion of a chipboard document in the registration journal. After that, he gets approved by the head. Then, the chipboard document (abbreviation for official use) is entered into the accounting form. Further, replication is carried out, but only with written permission from the management. It is important that a mark is placed on the original sheet.
After all of the above procedures, according to official instructions, the documents of the chipboard are transferred to employees of individual departments of the legal entity. Then they are placed in the appropriate case. After the expiration of the storage period of the document, the chipboard is destroyed.
In fact, the standard acts and the above ones go through approximately the same procedures. The only difference is in the registration of particleboard documents and minor details in the stages.
More on accounting
āThe Regulation on the Procedure for Handling Limited-Service Official Informationā indicates that for small volumes of relevant acts, accounting is carried out along with standard documentation. But at the same time, you need to understand that the difference in the design of sample chipboard documents and the presence of a number of nuances in this matter increase the risks that the documentation will be lost.
Also, taking into account common acts and chipboards together, it will be more difficult to register the latter, check for availability and look for them. For this reason, nevertheless, the documents of the chipboard in the accounting records are entered separately most often. This avoids many difficulties.
Usually there are three logs for accounting chipboard documents in a legal entity. They are started in accordance with the categories of documentation - for incoming, outgoing and internal documents. The most important thing here is the details of the documentation, with the help of which the fate of the act is monitored until the expiration of the term of the chipboard document, after which it is destroyed. A number of acts are kept in archives. Also always follow the movement of documentation. To this end, they draw up a chipboard document in a separate registry.
Documents of this category are sent only by registered mail, through special communications or field communications, marked with the corresponding stamp.
Neck Assignment
It is important to know by what criteria a decision is made on paperwork based on a model of particleboard. At each enterprise there are persons responsible for the storage of documents for official use. All powers associated with these acts are fixed in the job descriptions. Access to restricted information is available only for certain categories of employees.
Work
When the employee responsible for documents for official use is dismissed or transferred to another position, the documentation is transferred to management.
The frequency with which the documentation related to this category is officially established is also established. So, this is carried out at least once a year. This is done by a special commission, which is appointed by the head, issuing the corresponding order. The commission includes a number of officials whose functions include data protection.
Chipboard archival documents (decryption - for official use) are checked at least once every 5 years. As a result of the procedure, an act is always written out that the check was carried out successfully.
Storage Details
Reliable storage is important for documentation intended for official use, it is ensured by the fact that specific individuals are responsible for it. Their powers, the performance of their respective functions are confirmed by personal signatures.
When the acts are lost or the information contained in them intended for a limited circle of persons is disclosed, the officials who revealed these violations first inform the management of the legal entity about this. It is important to know that it is unauthorized to familiarize oneself with the contents of the text of acts of those for whom this information is not intended. Usually, as soon as such facts are revealed, the first thing that is done is an internal investigation.
It is carried out by an official whose functions include the protection of relevant data. The results of this procedure always make a report to the management of the enterprise. Report them, passing him a memo.
For each lost document, the chipboard always draw up an act. Based on it, the necessary marks are entered into the registration form. If documents with information for a limited circle of persons have been lost or access to them has been illegally obtained, liability arises. It is provided for by the legislation of the Russian Federation.
Documents for official use are stored at the enterprise in a fireproof safe.
Subtleties of design
There are a number of nuances that must be taken into account when assigning the document āFor official useā to the document. The mark "Particleboard", the number of the copy is registered on the first page of the act, on the cover and title page. Also mark the first page of cover letters to the documentation, which contains service information of limited distribution.
The mark is put in the upper right corner of the document. The copy number is set under it at a single line spacing. If there are attachments to documents for official use, the mark is put in the applications. Put it in the upper right corner of each application. The copy number is set under the mark also at a single line spacing.
If there is electronic document management at the enterprise, documentation files marked āParticle Boardā are not included. In electronic format, documentation of this type is transmitted only through secure communication channels.
Read more about chipboard documents
Often, employees of various institutions explain their requirements with a number of internal instructions. Checking their availability is not possible. Acts are stored under the heading "For official use."
For example, not so long ago, the Supreme Court considered the case of Katelevsky, who was trying to ensure that the order of the Ministry of Internal Affairs to ban photography and video recording in objects with a special regime was recognized as illegal. He had already been arrested several times for filming near the police department. He appealed the arrest in court, but lost. In its decision, the judicial authority referred precisely to the requirement contained in the relevant order. According to him, Katelevsky did not have the right to shoot video without permission from the head of the police department.
During the appeal, Katelevsky indicated that he himself did not see the text of the order, since it was executed under the heading āFor official useā, despite the fact that documentation that somehow affected the rights and obligations of third parties should be published in accordance with Russian law. The first trial was postponed because the Ministry of Justice did not familiarize itself with the controversial order. The second review was discontinued, since 3 days before the Ministry of Internal Affairs had recognized the document as invalid.
In fact, similar situations arise in all official bodies. Sometimes the provisions of documents that are intended only for official use contain extraordinary requirements. There are cases when government agencies refused to accept documentation from a foreign company, because it did not have a seal in Russian. And in other bodies they did not accept the act without translation, but they accepted the same text in a foreign language by mail. And all because of the corresponding clause in the documentation for official use.
Usually, when the rights of citizens are violated due to such provisions, the chances of challenging the actions of the authorities in a court of law and winning are nil. If Katelevskyās case were won, it would be a precedent in Russian law. After him, many similar claims would be disputed in favor of citizens. And the chances of winning would increase.
However, practicing lawyers note that the case was risky; initially, Katelevsky had few chances to win. According to him, usually the Armed Forces of the Russian Federation adheres to a fairly firm position, indicating that the marking āchipboardā serves as the basis for ranking the document as confidential, which means that documentation of this kind should not be published. It is also intended for internal use only. For this reason, it does not affect the rights and freedoms of citizens.
Gazprom against the tax authorities
But with all the hopelessness of this situation, there are somewhat more positive forecasts. Not so long ago, there was a resonant case of challenging Gazprom's internal letters of the Federal Tax Service of the Russian Federation. The company sought to ensure that the letter of the Federal Tax Service "On Mineral Extraction Tax" was declared invalid.
The Supreme Court sent a lawsuit on jurisdiction to arbitration, but the case was dismissed, as it was revealed that the letter of the Federal Tax Service is not a normative act. For this reason, it simply cannot be disputed.
Gazprom reached the Constitutional Court. It was recognized there that the acts are binding both for the enterprise and for taxpayers. For this reason, the latter must have the right to challenge the āinternal tax letter.
However, a judge of the Constitutional Court, Yuri Danilov, who called this conclusion erroneous, announced that he did not contribute to effective justice.
In the course of this trial, a new provision appeared in the federal constitutional law āOn the Supreme Court of the Russian Federationā. It indicated that acts explaining the law could be challenged.
However, in the case of the Katelevsky case, it is not clear whether the order of the Ministry of Internal Affairs refers to acts of this kind, since the legislation does not explain this issue in any way. Such instructions pose a great danger: they must be observed by citizens, but at the same time documents are hidden by the āSecretā bar. That is, citizens can trust only the word of an employee of state bodies. And challenging the requirements is āfortune telling on the coffee groundsā, since the text of the instruction will be opened only in court.
Optional compliance
According to the point of view of a number of lawyers, in each controversial case similar to the case of Katelevsky, the only right decision is to apply the Constitution of the Russian Federation. Thus, article 15 states that laws are subject to official publication. Unpublished laws may not apply. Each normative act that affects the rights and obligations of citizens cannot be applied in cases where official publication has not been made.
For this reason, all internal provisions that govern the activities of a number of enterprises have a local character. Their effect on third parties does not apply.
In fact, they usually face a different situation. Often, the authorities establish specific requirements for documentation that is submitted for review. For example, internal instructions determine their validity period, mandatory details. But when laws or acts do not have such requirements, compliance with them is not mandatory.
But the legal instructions included in the provisions must be followed, but not challenged. Last year, the Supreme Court considered the case according to the instructions for judicial proceedings in the district judicial authority. According to him, a copy of the minutes of the proceedings is made at the written request of the participants in the proceedings and at their expense.
The defendant stated that the requirements are contrary to the Tax Code, since since 2013 no fees for these actions have been provided. But the Supreme Court did not agree with this opinion, the lawsuit was denied. The instruction did not establish individual norms; it only reproduced the Code of Criminal Procedure, article 259.
Features of work
It must be remembered that legislation, data on emergencies, dangerous situations, and all information relating to the safety of citizens are never referred to information for official use. Also in this category include descriptions of the structure of executive authorities, their addresses, procedures for considering appeals, decisions on them, documents of funds used to exercise the rights of citizens.
Handled with relevant documents under strict regulations. Chipboard documents are printed and copied at the typewriter desk. Take into account each copy of the document. On the last sheet write how many copies are available.
After the prints of all the pages, the drafts and other options are given to the accounting staff. Then they are simply destroyed, and this procedure is recorded in the accounting form.
With regard to relevant information, the Russian Armed Forces have their own special provision - Order of the Minister of Defense of the Russian Federation No. 355.
The case marked āParticleboardā is destroyed only by act. And in the accounting form a link to it is always registered. Documents can be transmitted only after the approval of this action by the head of the organization. When someone else replaces the person in charge, the acceptance certificate must be approved by the management.
In a number of cases it is necessary to remove the āChipboardā stamp from cases. In this case, information about this procedure is sent to each addressee who has already received the original documentation. Then the responsible persons cross out the corresponding mark and write the date when the order was issued, as well as his number and the name of the leader who ordered in this way.
In the case of military personnel in violation of any stage of the procedure or the dissemination of information contained in documents for official use, disciplinary sanctions or other statutory sanctions are applied.
Sometimes situations arise when the corresponding envelope with the stamp āFor official useā does not appear in the sent envelope. Then the person receiving such a shipment makes 2 copies of the act, and one of them sends it to the addressee. If the documents were sent by mistake, they must be sent back.
Out of hours, the relevant documentation is accepted by authorized officers on duty who do not open letters, but give them to employees endowed with the necessary rights and obligations. It is forbidden to transfer documentation with the signature stamp āChipboardā to the organization during off hours if it does not have a duty officer working on an ongoing basis.
It is important to know that correspondence with documentation for official use is sent only in envelopes or packages. In no case should there be transparent areas through which you can parse passages of text. It is also forbidden to indicate personal data of the manual on them.
Chipboard documents are grouped in files. If the case did not have such a signature stamp, but the documentation with the corresponding mark was included in it, then it all acquires the signature stamp āFor official useā. This is mandatory recorded in the nomenclature of the current period.
If a small number of chipboard documents appeared at the enterprise, then the nomenclature sometimes provides for the formation of a separate chipboard case, which includes all the relevant documentation.The shelf life of this case, as a rule, is not set. However, the nomenclature is marked āECā - āexpert commissionā.
When the formation of the case according to the documents of the chipboard ends , each sheet is carefully examined by the expert commission. If she decides that it is necessary to re-group the case, then this is immediately carried out. If the documentation has a permanent shelf life, then it is grouped separately, the case is given an independent name.
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Cases connected in one way or another with the mark āFor official useā are reviewed at different intervals to determine whether it is necessary to remove the stamp from the documentation. The solution to this issue is entrusted to a special commission of employees of the documentation support of the enterprise. She draws up an act in a free form, which contains a decision on this issue.
About commercial organizations
Other rules apply when it comes to commercial organizations. Official confidentiality may be present on them, but the signature stamp āChipboardā cannot be placed on documents in them. This will be a violation of the requirements of legislative acts. At the enterprises of a commercial orientation use only a mark "Commercial secret" or "Confidentially".
Such information may include any information relating to the production technology, organization, economy of a legal entity. They must have commercial value, and if they are received by others, the latter will bear legal liability.