The GAS system "Elections" is quite complex system and to ensure its efficiency of use, sustainability and reliability, a number of formalities of an organizational and technological nature have been introduced. The electoral process and the process of holding referendums is determined by the use of many documents on paper and electronic media. Such documents must have the same legal force. If traditional requirements are imposed on paper documents, then special requirements are imposed on electronic documents. It is no coincidence that the Law “On GAS “Elections”” stipulates the conditions for giving legal force to documents prepared using GAS “Elections”, since the results of the electoral process and the process of holding referendums are of great political importance.
Let us list the conditions for ensuring the authenticity of documents prepared using GAS "Elections":
- 1. Document on paper, prepared using GAS "Elections" in accordance with federal laws, acquires legal force after it has been signed by the relevant officials.
- 2. An electronic document prepared using GAS "Elections" acquires legal force after signing it with electronic signatures
- 3. Protocol, summary table of voting results, other summary documents prepared in in electronic format using GAS "Elections", acquire legal force in the order after mandatory verification in the prescribed manner using public keys electronic signatures the authenticity of all original electronic documents, on the basis of which a consolidated electronic document is prepared.
- 4. In the process of entering into the GAS "Elections" system data an electronic document is generated and signed with electronic signatures relevant officials.
- 5. Compliance data electronic document data paper document confirmed by computer printout, which is signed by the relevant officials and attached to the reporting documentation. The fact of entering data into the State Automated System "Elections" and the formation of an electronic document signed with electronic signatures is recorded in a special journal.
- 6. Transfer of electronic documents to a higher election commission, referendum commission using GAS "Elections" is carried out exclusively after checking the reliability and authenticity of electronic signatures, affixed to each transmitted document using public keys of electronic signatures.
- 7. Test results confirmed by a computer printout of the inspection protocol. This printout is signed by officials in the prescribed manner and attached to the reporting documentation. The fact of transfer of data to a higher-level election commission or referendum commission is recorded in a special journal of the lower-level election commission or referendum commission.
- 8. The authenticity of electronic signatures affixed to each electronic document received by a higher election commission, referendum commission from a lower election commission, referendum commission, verified using electronic signature keys. The fact of checking the accuracy of received electronic documents is confirmed computer printout of the inspection protocol. This printout is signed by the relevant officials in the prescribed manner and attached to the reporting documentation. The fact of such verification is also recorded in a special journal.
The discrepancies between the preliminary and final election results can amount to thousandths of a percent and are explained not by some shortcomings of the electronic or “paper” method, but by the delay in the transmission of data from some particularly remote points of the country. These differences do not in any way affect the actual outcome of the elections.
During elections and referendums, ballot processing complexes integrated into the Elections GLS network can be used as the final peripheral equipment of the system at polling stations. They have already been used experimentally in elections in a number of regions of the country. During these events, various engineering and technical solutions to the problem of automatic vote counting and information transmission were tested, and also make it possible to automatically summarize the results various types voting just 20-25 minutes after the end of voting.
Along with saving time, the system allows checking the authenticity of ballots synchronously with voting, technically guaranteeing the protection of voting results from falsification, and providing a visual demonstration of the election process in all regions of the country in real time. On election day, the interim voting results according to the schedule are received by the Central Election Commission of Russia in the form of statistical, schematic, text, audio and visual information and after processing are promptly transmitted to the media.
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The main feature of organizational and administrative documents is that they are internal documents. In other words, in order to develop and implement them, the participation of third parties or representatives of any other enterprises is not required. A decision of the management or other officials of the enterprise whose activities these documents relate to is sufficient. To sign external documents, contracts, invoices, work acceptance certificates, etc., the expression of will of representatives of only one legal entity is not enough. A decision is required by officials of at least two organizations that are not accountable to each other.
An internal document issued by an enterprise can be considered binding for employees only if it has legal force.
For a document to have such force, the following must be done:
- * the provisions contained in the document must strictly comply with legal requirements;
- * the document must be issued by an official of the management, department of the enterprise, who has the necessary powers for this;
- * document details must comply with accepted standards.
- * If these conditions are not met, the document may be declared invalid by the court.
Powers of enterprise employees to issue organizational and administrative documents
Before executing the instructions of a particular document, it is necessary to pay attention to the competence of the person who signed this document. If, when drawing up and signing it, an official went beyond the scope of his competence, the document has no legal force and is invalid.
The competence of the head of the enterprise includes all management issues current activities, with the exception of issues that only the general meeting of participants of the enterprise or the board of directors has the right to decide. The manager is the only employee who acts on behalf of the enterprise without a power of attorney.
But, according to the charter of the enterprise, the competence of the manager may be limited, and part of his “ordinary” powers may be transferred to the board of directors or the general meeting of participants. For example, the charter may provide that the manager does not have the right, alone, without the consent of the general meeting of participants, to enter into transactions in an amount exceeding 500,000 rubles. For such a transaction to be legal, the minutes of the general meeting of participants of the enterprise must be attached to the agreement, which must directly state that the meeting of participants approved this transaction. Otherwise, the contract (and transaction) may be declared invalid. In this case, the counterparty’s “explanations” that he did not know about the limitation of powers of the head of the enterprise will not be accepted, since the charter of the enterprise is open document. Firms and companies intending to enter into a contract with an enterprise can and should familiarize themselves with it.
The exclusive competence of the general meeting of participants of the enterprise includes issues that cannot be transferred to the management of the manager. For example, Federal Law No. 208-FZ of December 26, 1995 “On Joint-Stock Companies” (Articles 48 and 79) places within the exclusive competence of the general meeting of shareholders decisions on making a major transaction for an amount that is more than 50 percent of the book value of assets society. In this regard, the charter of a joint stock company cannot provide the general director with the right to carry out such a transaction. Otherwise, it will contradict the provisions of the Federal Law “On Joint Stock Companies”.
All other officials of the enterprise can resolve certain issues only in cases where they are authorized to do so by orders, powers of attorney, job descriptions, regulations, etc., signed or approved by the head. When concluding contracts or when drawing up and signing other commodity and financial documents on behalf of the enterprise, the official must make reference to the name, number and date of the power of attorney, order or regulation on the basis of which it acts. Otherwise, representatives of third-party organizations will have the right to doubt whether this official really has the necessary authority.
Legal force- this is a property of an official document imparted to it by the current legislation, the competence of the body that issued it and the established procedure for execution. The absence of necessary details or their incorrect execution may lead to the fact that the documentwill not have legal force(for example, no signature or date). If it does not contain a title to the text or a note about the performer, then this will only lead to certain difficulties V work with the document, but will not affect its legal significance.
Mandatory detailsensuring the legal force of documents, are:
name of the organization (official) - the author of the document; name of the document type; document date; registration number; document approval stamp; text; signature; seal.
Signatureis a mandatory requirement for any document. Official signing in the document, assumes responsibility: for the authenticity of the document; for all possible consequences execution (putting into effect) of the document.
Signature right is provided to certain persons and may be fixed: in the charter of the enterprise; in the regulations on the enterprise (on the structural unit); in the instructions for office work; in the employee’s job description; in the order on the distribution of responsibilities.
The documents of the organization are signed by the director or his deputies. Documents of structural divisions are signed by their heads.
On a number of issues, other employees, for example, leading specialists of the enterprise, may have the right to sign. The signature is placed on the first copy of the document, and, if necessary, on other copies, for example, when concluding an agreement.
Document date- one of the most important details of the document. The absence of a date on a document makes it invalid.
Seal- legally significant requisite And used to certify an official’s signature on the most important (or financial) documents. The seal indicates: about the authenticity of the document;
about the document’s affiliation with the organization indicated on the seal. The stamp is affixed on documents whose publication entails:
any legal consequences, for example the creation or reorganization of an enterprise;
material consequences, such as transfer material assets, certification of the right of an organization or individual to something.
Approval stamp- some documents acquire legal force only from the moment of their approval by the head or a higher authority.
An approval stamp is a requisite of an official document that gives a normative or legal character to its content. The following are subject to mandatory approval: charters, regulations on enterprises (branches); staffing tables; inspection reports, acceptance certificates; job descriptions; estimates, business plans, reports And etc.
Registration number is an additional guarantee of the authenticity of the document. It indicates that the document has gone through all stages of processing, has been registered and is thus an official document of the enterprise.
To give legal effect electronic document used electronic digital signature.
An electronic document is recognized as legally significant only if the verification of the authenticity of the electronic digital signature is positive.
Electronic digital signature(EDS) - a detail of an electronic document intended to protect this electronic document from forgery, obtained as a result of cryptographic transformation of information using a private key of an electronic digital signature and allowing to identify the owner of the signature key certificate, as well as to establish the absence of distortion of information in the electronic document.
Digital signature in an electronic documentequivalenthandwritten signature in a paper document subject to the following conditions:
the signature key certificate issued by the certification center is valid at the time of signing the electronic document; the authenticity of the electronic digital signature in the electronic document is confirmed;
an electronic digital signature is used in accordance with its information specified in the signature key certificate. Thanks to this technology the result is an electronic document: having legal force; confirming the authorship of the document; confirming the absence of distortion of information in the document.
In order to copy had a paper document the legal force of the original, her must be certified according to established order.
For this purpose, the details are provided"copy certification mark"which contains: certification inscription “Correct”; position of the person who certified the copy; his signature; date of certification;
printing (for the most important or external documents). Certification is carried out by the company itself or, if necessary, by a notary.
In accordance with regulatory legal acts or by agreement of the parties, a paper document with a seal, when converted into an electronic document, can be certified by an electronic digital signature of an official. Enterprises are allowed to certify:
copies of documents submitted by citizens when applying for work or study;
copies of documents for decision social problems workers. Copies are certified at the enterprise: head of the organization; official (head of the human resources department).
1 ?. The concept of “legal force of a document”, its consolidation in the state standard.
GOST 51141-98 “Office management and archiving. Terms and Definitions". The legal force of a document is a property of an official document imparted to it by the current legislation, the competence of the body that issued it and the established procedure for execution.
2?. Information on the document form. Contents of the document, its mandatory nature. Composition of the document identification: approval, signature, seal impression.
For a document to have legal force, it must be:
Properly formatted;
Do not contradict the content of the current legislation;
Be published by an organization entitled to do so.
The absence of the necessary details or their incorrect execution may lead to the fact that the document will not have legal force (for example, there is no signature or date). If it does not contain a title to the text or a note about the performer, then this will only lead to certain difficulties in working with the document, but will not affect its legal significance.
The legal force of a document is ensured by a set of details established for each type of document - mandatory elements execution of an official document. The main document establishing the composition of the details and requirements for their execution is GOST R 6.30-2003 "Unified documentation systems. Unified system of organizational and administrative documentation. Requirements for document preparation." Mandatory details that ensure the legal validity of documents are:
Name of the organization (official) - the author of the document;
Name of the document type;
Document date;
Registration number;
Document approval stamp;
Signature;
According to some sources also: approval visa, copy certification mark, reference information about the organization.
Signature is a mandatory requisite of any document; The official, by signing the document, assumes responsibility for the authenticity of the document and for all possible consequences of the execution of the document.
Document date– one of the most important details of the document. The absence of a date on a document makes it invalid.
Seal– a legally significant requisite, used to certify the signature of an official on the most important (or financial) documents.
Approval stamp– some documents acquire legal force only from the moment of their approval by the head or a higher authority.
Registration number is an additional guarantee of the authenticity of the document. It indicates that the document has gone through all stages of processing, has been registered and is thus an official document of the enterprise.
Legislative and regulatory framework for personnel records management
Structure of the legislative and regulatory framework for personnel records management:
1. Laws Russian Federation.
2. Decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation; Methodological documents of organizations, local authorities executive power on personnel records management.
3. Regulatory acts Gosstandart of the Russian Federation, ministries, departments, federal executive authorities.
Labor and pension legislation on the mandatory documentation of work with personnel.
· Labor Code of the Russian Federation. This is the basic law that a personnel specialist of any organization must follow in his work. Labor Code norms regulate the procedure for hiring and dismissing employees, organizing their working time and rest time, and terms of payment wages, providing employees with various benefits and compensation.
· Qualification directory for positions of managers, specialists and other employees (Approved by Resolution of the Ministry of Labor of Russia dated August 21, 1998 No. 37 (as amended on April 20, 2001): one of job responsibilities The head of the HR department is to ensure the preparation of documents on pension insurance, as well as their submission to the social security authority. Rules for applying for a pension, assigning a pension and recalculating the amount of a pension, transferring from one pension to another in accordance with the Federal Laws “On Labor Pensions in the Russian Federation” (dated December 17, 2001 No. 173-FZ) and “On State Pensions in the Russian Federation " law( dated December 15, 2001 No. 166-FZ) (approved by the resolution of the Ministry of Labor of Russia and the Pension Fund of the Russian Federation dated February 27, 2002 No. 17/19pb; registered with the Ministry of Justice of Russia on May 31, 2002 (registration No. 3491); published in Rossiyskaya Gazeta on June 5, 2002 ).
Presentation of personnel documentation when carrying out supervisory and control activities by the bodies of the Federal Labor Inspectorate, other federal and public supervisory and control bodies; prosecution authorities.
· In accordance with the provisions Labor Code of the Russian Federation, the state labor inspectorate is empowered to supervise and control employers' compliance with labor laws. State labor inspectors have broad rights in the exercise of supervision and control; they have the right to freely visit organizations of all organizational and legal forms and forms of ownership, as well as employers, at any time of the day, if they have standard identification documents, for the purpose of conducting inspections. individuals, request from employers and their representatives documents, explanations, information necessary to perform supervisory and control functions.
· Federal Law of the Russian Federation dated July 27, 2006 No. 149-FZ “On information, information technology and information protection." All work of the HR department with personal data of employees is based on this law. For example, the question of how the information received from an employee when he starts working will be processed and where will be stored.
· Law of the Russian Federation of July 29, 2004 No. 98-FZ “On Trade Secrets”. It establishes a list of information that may constitute trade secret organization, a list of employees who have access to it, a procedure for familiarizing themselves with classified data, as well as responsibility for the dissemination of confidential information.
· Law of the Russian Federation of July 17, 1999 No. 181-FZ “On the fundamentals of labor protection in the Russian Federation.” The provisions of this document make it possible to competently build a labor protection system in an organization. If a violation of labor protection and safety rules is detected, the labor inspector brings the guilty officials to administrative responsibility.
· Law of the Russian Federation of August 8, 2001 No. 134-FZ “On the Protection of Rights legal entities And individual entrepreneurs during state control (supervision)." The law gives an idea of the rights and responsibilities of the employer when conducting various inspections in the organization. For example, the law talks about documents that an employer has the right to demand from an inspector when he appears in an organization, about the right of a company representative to be personally present during an inspection, and about how an organization can appeal unsatisfactory inspection results.