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Order of the Federal Penitentiary Service of the Russian Federation of October 31, 2013 No. 615 "On Amending the Order of the Federal Penitentiary Service of Russia of 08/10/2011 No. 463" On Approval of the Instruction on Records Management in Institutions and Bodies of the Penitentiary System "

In accordance with the Decree of the President of the Russian Federation of 13.10.2004 No. 1314 "Issues of the Federal Penitentiary Service" (Collected Legislation of the Russian Federation, 2004, No. 42, Art. 4109; 2005, No. 29, Art. 3037, No. 49, Art. 5204 ; 2007, No. 11, Art. 1283; 2008, No. 18, Art. 2009, No. 43, Art. 4921, No. 47, Art. 5431; 2010, No. 4, Art. 368, No. 19, Art. 2300, No. 20, Art. 2435; 2012, No. 14, Art. 1615; 2013, No. 26, Art. 3314), by decrees of the Government of the Russian Federation of 15.06.2009 No. Federation, 2009, No. 25, Art. 3060; 2011, No. 37, Art. 5263) and dated 28.07.2005 No. 452 "On the Model Regulations for the Internal Organization of Federal Executive Bodies" (Collected Legislation of the Russian Federation, 2005, No. 31, Art. 3233; 2007, No. 43, Art.5202; 2008, No. 9, Art. 852, No. 14, Art. 1413, No. 46, Art. 5337; 2009, No. 12, Art. 1443, No. 19, Art. 2346 , No. 25, art. 3060, no. 47, art. 5675, no. 49 (part 2), art. 5970; 2010, no. 9, art. 964, no. 22, art. 2776, no. 40, art. 5072; 2011, no. 34, art. 4986, no. 35, art. 5092; 2012, no. 37, art. 4996, no. 38, art. 5102, no. 53 (part 2), art. 7958; 2013, No. 13, Art. 1575) I order:

to amend the order of the Federal Penitentiary Service of Russia dated 10.08.2011 No. 463 "On the approval of the Instruction on record keeping in institutions and bodies of the penal system" (recognized as not requiring state registration, letter of the Ministry of Justice of Russia dated 07.10.2011 No. 01/71938-BE) with amendments introduced by order of the Federal Penitentiary Service of Russia dated 07.03.2012 No. 149 "On Amendments to the Instruction on Office Work in Institutions and Bodies of the Penitentiary System, approved by Order of the Federal Penitentiary Service of Russia dated 10.08.2011 No. 463" On Approval of the Instruction on Office Work in Criminal Institutions and Bodies - executive system "(recognized as not requiring state registration, letter of the Ministry of Justice of Russia dated 09.04.2012 No. 01/27259-BE), according to the appendix.

Documentation Basics

The need to record information appeared among people in ancient times. “Documents” of various eras, created on clay tablets, birch bark, stone steles, etc. have survived to our time. The methods of applying information were also different: drawing, graphics, writing. Currently, in management practice, they mainly use documents created in any way of writing - handwritten, typewritten, typographic, computer, as well as using graphics, drawing, photography, sound and video recording and on special material (paper, film and photographic film, magnetic tape, disk, etc.).

Documenting - this is the process of creating and formatting a document using various methods, methods and means of recording information on a tangible medium. The state standard defines documentation as "recording information on various media according to established rules."

Documentation method - it is a technique or a set of techniques for fixing information on a material carrier using sign systems (the nature of language codes, sign systems, etc.).

Documenting method - this is an action or a set of actions used when recording information on a material medium (cutting, carving, painting, perforating, photochemical, electromagnetic, optical, mechanical, manual and other methods of documentation).

Documentation tool - it is an object (tool) or a set of devices (equipment, tools) used to create a document (manual, mechanized and automated devices).

The main objects of study of records management are: patterns of formation of documents; ways to create them; functions, properties, structure of the document; principles of document management; formation and development of documentation systems, as well as document complexes; ways to improve documentary processes in society.

Question 2. General requirements for documentation

In accordance with the order of the Federal Penitentiary Service of Russia dated 08/10/2011 No. 463 "On Approval of the Instruction on Records Management in Institutions and Bodies of the Penitentiary System" standard sheets A4 paper (210x297 mm) or in the form of electronic documents and must have an established set of details, their location and design.

Each sheet of a document, executed both on a letterhead and on a standard sheet of paper, or in the form electronic document has the following field sizes:

The text of the document is printed with 1-1.5 line spacing, without word wrapping on the right margin.

When formatting the text of a document on two or more pages, the second and subsequent pages should be numbered. Sequential page numbers are placed in the middle of the top margin of the page in Arabic numerals without the word "page" (page) and punctuation marks.

The Contractor is personally liable for violation of the requirements of the Instruction in the preparation and execution of documents, non-observance of the rules of the Russian language and the established set of mandatory details, the order of their arrangement; as well as for the completeness and reliability of the information used in the preparation of the document, violation of the deadlines for the execution of documents without objective reasons.

Question 3. Forms of documents and requirements for their production

In the institutions and bodies of the UIS, forms are used
with the reproduction of the heraldic sign - the emblem of the Federal Penitentiary Service of Russia.

Forms are printed using electronic computers or produced by typographic method.

In the institutions and bodies of the UIS, the use of the following types of forms is provided:

Forms based on the angular arrangement of requisites are used to design service letters.

Forms based on the longitudinal arrangement of details are used to issue orders, orders.

The image of the heraldic sign - the emblem of the Federal Penitentiary Service of Russia
on forms with an angular arrangement of requisites, it is placed on the upper field of the form above the middle of the lines of the name of the Federal Penitentiary Service, and on forms with a longitudinal arrangement of requisites - in the center of the upper field. Image diameter no more than 20 mm.

The name of the institution or body of the UIS on the forms is indicated in strict accordance with the Regulations on the territorial body of the Federal Penitentiary Service of Russia, the charter of an institution directly subordinate to the Federal Penitentiary Service of Russia or an institution subordinate to the territorial body of the Federal Penitentiary Service of Russia.

The abbreviated name of the institution or body of the UIS is placed on the form after the full name of the institution or body of the UIS.

For each type of forms, a certain set of details is established:

For the letterhead of the institution or authority of the UIS:

heraldic sign - the emblem of the Federal Penitentiary Service of Russia;

federal body of the penal system - the Federal Service for the Execution of Sentences;

full name of the institution or body of the UIS;

reference data: mailing address, telephone and fax numbers, address Email;

stamps for date and registration number;

For the order (instruction) form of the institution and the UIS body:

abbreviated name of the institution or body of the UIS;

type of document: order (order);

place of publication of the order (instruction);

marks for affixing the date and registration number of the order (instruction).

Forms of documents are made on standard sheets of A4 paper (210x297 mm) using black ink.

Question 4. Types of official documents used in the activities of institutions: regulations, rules, instructions, service letter, memo, memo, plan, report, act, review, certificate, conclusion, report, order, power of attorney, electronic document

In the activities of the institutions and bodies of the penal system, a set of organizational and administrative documents is created: orders, orders, regulations, rules, instructions, decisions of the collegium of the territorial body of the Federal Penitentiary Service of Russia, minutes of meetings (meetings), acts, analytical reports, reports and service notes, contracts (contracts, agreements), business (official) correspondence, etc.

Collectively discussed issues and decisions made on them are recorded in the minutes of the collegium of the territorial body of the Federal Penitentiary Service of Russia, other meetings (conferences).

Mutual obligations of institutions and bodies of the UIS with its counterparties and their regulation are formalized in the form of contracts, agreements, contracts and other documents.

Depending on the specific tasks of management in the activities of institutions and bodies of the UIS, other types of documents are created: plans, forecasts, programs, reports, etc.

In cases established by the legislation of the Russian Federation, documents may be issued jointly with other institutions, bodies
and organizations that are not part of the UIS (hereinafter - other organizations),
on issues of common interest and within the competence of both parties. Such acts are drawn up as a single document (order, protocol, regulation, etc.).

Regulations, rules, instructions and other documents are approved by order (decree) or stamp.

The regulations, as a rule, systematically determine the order of formation, structure, functions, competence, scope of rights and obligations, organization of work of structural divisions. For instance: "Position
on the Secretariat of the Office of the Federal Penitentiary Service
in the Ivanovo region ".

Rules and instructions regulate the main types (forms) of operational and service activities and the work of specific categories of workers.

The instructions contain norms that establish, by whom, in what order
and in what ways and methods this or that type of activity is carried out.

Service letter is used for operational communication between institutions and bodies of the UIS and other organizations; in terms of its content, it can be proactive (request, explanation) or in the form of a response.

Types of service letters :

responses on the fulfillment of instructions from the director of the Federal Penitentiary Service of Russia, the first deputy (deputies) of the director of the Federal Penitentiary Service of Russia, the head of the territorial body of the Federal Penitentiary Service of Russia;

responses to inquiries from other organizations and citizens;

responses to citizens' appeals on issues related to the competence of the institution and authority of the penal system;

initiative documents, including information letters for institutions subordinate to the territorial body of the Federal Penitentiary Service of Russia;

Memo is an internal document.
In a memo in free form proposals, comments, reports, reports, information, conclusions, explanations, opinions and other management information related to the execution of the powers of specific structural divisions and officials of institutions and bodies of the penal system are presented in typewritten or handwritten ways.

Memorandum is addressed to the head of the institution or body of the UIS, the deputy head of the institution or body of the UIS in the supervised areas of activity and contains information, conclusions and proposals on any issue.

In respect of a list of activities is established, their sequence and volume, indicating the timing of performance and performers.

The plan is drawn up in tabular form on standard A4 sheets of paper.

The tabular form of the plan must contain the column "Mark of execution", where, opposite each item of its activities, a mark is made about the implementation (non-fulfillment, postponement of the deadline).

Report(report) contains information on the implementation of the order (instruction), plan, assignment, measures taken.

The data of the report reflect, in general, the activities of the institution and the UIS body or a separate direction of its activities, as well as a specific employee.

Act is compiled collegially by several specially authorized employees, confirms any facts, events of legal significance, and is subject to approval by the head of the institution and the UIS body (the person performing his duties) or the deputy heads of the institution and the UIS body within their competence.

Overview is a type of certificate and is compiled in order to inform the institutions and bodies of the penal system, as well as other organizations
on the state of affairs or the results of activities for a specific period of time.

The review is compiled on the appropriate form by the structural unit in the supervised area of performance
and is signed by the head of the institution or body of the AIS (the person acting as the person in charge).

reference issued for the purpose of official information
on behalf of the management of the institution and the UIS body.

Help should have a title to the text, revealing its content.

Help can have several sections, explanations and footnotes, attachments in the form of diagrams, tables.

The requisite "Signature" is absent in the certificate; at the end, the structural unit (official) that prepared the certificate may be indicated.

Conclusion contains an opinion, a conclusion on any document or issue.

The conclusion is signed by an official and members of the commission,
approved by the head of the institution or body of the UIS (the person performing his duties).

In the report (statement) information of both official and personal nature is recorded (about violation of official discipline,
about the incident, about the provision of vacation, etc.).

Prescription issued by the head of the institution or body of the penal system (the person performing his duties) to subordinate employees to certify the official rights granted to them and the duties assigned to them in certain areas of activity (prescription for the right to check the service, secrecy, organizing and maintaining office work, organizing the escort of convicts, etc.) .P.).

The order is signed by the head of the institution or body of the UIS (the person performing his duties) and certified by the seal
with the reproduction of the State Emblem of the Russian Federation.

Power of attorney confirms that the representative has the right to act on behalf of the institution or body of the UIS, and also determines the conditions and boundaries for the exercise of these rights.

The power of attorney is signed by the head of the institution or body of the UIS (the person performing his duties), is registered and certified by the office management service with a seal with the reproduction of the State Emblem of the Russian Federation.

Electronic document- preparation, execution and approval of electronic documents are carried out according to the general rules of office work established for similar documents on paper. An electronic document must have the requisites established for a similar document on paper, with the exception of a seal imprint, and is drawn up according to the rules provided for in the Instructions for documents on paper.

To confirm the authenticity of electronic documents
the institution or body of the UIS uses electronic signatures.

The means of electronic signature used must be certified in accordance with the established procedure.

An electronic signature in an electronic document is equivalent to a handwritten signature in a paper document.

When considering and agreeing on electronic documents, as well as when signing internal reference documents (reports, service notes, certificates, summaries, etc.) created in electronic form, in the electronic document management system of institutions and authorities of the UIS, methods of confirming actions with electronic documents in which an electronic signature is not used.

Electronic documents are executed in files with extensions used Microsoft Office Word and Microsoft Office Excel... When preparing an electronic document in a different format, the performer in email indicates software tool to open this document.

The total amount of transmitted information should not exceed 2 MB.

Question 5. Rules for the preparation and execution of organizational and administrative acts: orders, orders. General rules for paperwork. Requisites: addressing, title to the text, signature, application design, coordination, editing, approval, resolution, execution mark

The institution or body of the UIS, in accordance with the charter, the regulations about it, within the limits of its competence, issues orders and orders.

Orders (instructions) issued by institutions and bodies of the UIS,
cannot be of a regulatory nature.

Orders (instructions) are published on the most important issues of the functioning of institutions and bodies of the UIS, regulation of various areas of service, serving in the UIS.

In the institutions and bodies of the UIS, orders of the following types are issued:

- on the main activity (orders on the areas of activity of structural divisions, on the approval of decisions of the collegium of the territorial body of the Federal Penitentiary Service of Russia, on organizational and staff issues, organization and conduct of shooting, etc.);

- in terms of personnel (on appointment to a position, on vacation, recall
from vacation, enrollment, business assignment, dismissal, assignment of special titles, incentives, business trips, penalties, etc.);

- orders for suspects and accused of committing crimes;

- orders for convicted persons (on appointment to office, securing jobs, etc.).

Orders are issued for the purpose of operational management
and, as a rule, have a limited duration and concern specific individuals.

It is not allowed to combine orders in one document
by main activity and by personnel.

The order (instruction) must contain reliable
and reasoned information corresponding to the form
and the content of legislative and other regulatory legal acts of the Russian Federation, consist of laconic prescription sentences with direct word order, not to allow different interpretations.

Draft orders (orders), prior to their submission for signature to the head of the institution or the UIS body (the person performing his duties), must be agreed upon:

Draft orders (orders) of the institution or body of the UIS
on the main activity are coordinated (endorsed) with the following officials:

a) heads of structural divisions whose activities they relate to or who are given specific instructions;

b) the head of the organizational and analytical unit of the institution or body of the UIS;

c) the head of the legal service of the institution or authority of the UIS;

d) deputies of the head of the institution or body of the UIS, whose competence, in accordance with the established distribution of duties, includes the instructions of the order (instruction);

e) the head of the office management service.

The draft order (decree) is coordinated by the listed officials within three working days, and the legal service - up to five days, depending on the volume of the submitted document.

After changes of a fundamental nature are introduced into the draft order (instruction) at the stage of approval, it must be reissued and re-approved (endorsed).

Decision to resolve unresolved differences
on the draft order (instruction), taking into account the opinions of interested structural divisions and reaching a compromise, it is drawn up in a protocol of disagreements attached together with unaccounted comments to the draft order (instruction) when it is submitted for signature.

In the process of agreeing draft orders (instructions), the structural units responsible for its implementation, independently or jointly with other interested parties, carry out their revision.

On the draft orders (orders) submitted for approval (approval), it is necessary to have a visa of the head of the structural unit who prepared the draft order (order).

Orders (instructions) are signed only after agreement with all interested parties. The visa (stamp) of an employee of the legal service of the institution or body of the UIS and the office of the office is placed on the back of each sheet of the document.

Orders (instructions) are replicated by the performer in a strictly limited number. Additionally printed or replicated
in the amount specified in the order. Up to ten copies, inclusive, the calculation is made on the document (on the back of the last sheet), over ten - a separate calculation-mailing is drawn up.

Mandatory details of orders (orders)

Orders (orders) of institutions and authorities of the UIS have the following composition of details, their location and design:

A) Blank.

For the execution of orders (orders) of institutions and bodies of the UIS, a blank of the established form is used. Requisites are printed in Times New Roman No. 13, 14 without blots and corrections.

Joint orders with other organizations are drawn up on standard sheets of A4 paper (210x297 mm).

B) Date.

The date of the order (instruction), as a rule, coincides with the date of signing and is drawn up by the office-work service during its registration. Orders (orders) issued jointly with other organizations are registered with one (single) date of the last registration of the order (order).

The date of the order (instruction) is drawn up in Arabic numerals in a verbal-digital way in the sequence: day of the month, month, year, for example: August 14, 2009.

Order of the Federal Penitentiary Service of 08/10/2011 No. 463 “Instruction for office work. "

# 1 iqmaster

Team member fsin-russia.ru

ON APPROVAL OF INSTRUCTIONS
ON BUSINESS PRODUCTION IN INSTITUTIONS AND BODIES
CRIMINAL-EXECUTIVE SYSTEM

In accordance with the Decree of the President of the Russian Federation of 13.10.2004 N 1314 "Issues of the Federal Penitentiary Service" (Collected Legislation of the Russian Federation, 2004, N 42, Art. 4109; 2005, N 29, Art. 3037, N 49, Art. 5204 ; 2007, N 11, Art. 1283; 2008, N 18, Art. 2009, N 43, Art. 4921, N 47, Art. 5431; 2010, N 4, Art. 368, N 19, Art. 2300, N 20, art. 2435), by the Resolutions of the Government of the Russian Federation of 15.06.2009 N 477 "On the approval of the rules of office work in federal executive bodies" (Collected Legislation of the Russian Federation, 2009, N 25, art. 3060) and of 28.07.2005 N 452 "On the Model Regulations for the Internal Organization of Federal Executive Bodies" (Collected Legislation of the Russian Federation, 2005, N 31, Art. 3233; 2007, N 43, Art. 5201; 2008, N 9, Art. 852, N 14, Art. 1413 , N 46, Art.5337; 2009, N 12, Art. 1443, N 19, Art. 2346, N 25, Art. 3060, N 47, Art. 5675, N 49 (Part II), Art. 5970; 2010, N 9, Art.964, N 22, Art 2776, N 40, Art 5072) orders vayu:

1. To approve the attached Instruction on office work in institutions and bodies of the penal system (hereinafter referred to as the Instruction).

2. The heads of institutions directly subordinate to the Federal Penitentiary Service of Russia, territorial bodies of the Federal Penitentiary Service of Russia and institutions subordinate to them ensure that the instructions are followed by employees of the penal system.

3. Control over the execution of the Order shall be entrusted to the head of the affairs department of the Federal Penitentiary Service of Russia, Major of the Internal Service, Zakharkina E.Yu.

Director
colonel general
internal service
A. A. REIMER

Does not need state registration. Letter of the Ministry of Justice of Russia dated October 7, 2011 N 01/71938-BE.

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MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION

FEDERAL PUNISHMENT SERVICE

(FSIN RUSSIA)

ORDER

Moscow

On amendments to the Instruction for office work

in institutions and bodies of the penal system,

approved by order of the Federal Penitentiary Service of Russia dated 08/10/2011 No. 463

"On the approval of the Instruction for office work in

institutions and bodies of the penal system "

In accordance with the Decree of the President of the Russian Federation of 13.10.2004 No. 1314 "Issues of the Federal Penitentiary Service" (Collected Legislation of the Russian Federation, 2004, No. 42, Art. 4109; 2005, No. 29, Art. 3037, No. 49, Art. 5204 ; 2007, No. 11, Art. 1283; 2008, No. 18, Art. 2009, No. 43, Art. 4921, No. 47, Art. 5431; 2010, No. 4, Art. 368, No. 19, Art. 2300, No. 20, art. 2435), by the decrees of the Government of the Russian Federation dated 15.06.2009 No. 477 "On approval of the rules of office work in federal executive bodies" (Collected Legislation of the Russian Federation, 2009, No. 25, art. 3060; 2011, No. 37, art. 5263) and dated July 28, 2005 No. 452 "On the Model Regulations for the Internal Organization of Federal Executive Bodies" (Collected Legislation of the Russian Federation, 2005, No. 31, Art. 3233; 2007, No. 43, Art. 5202; 2008, No. 9, Art. 852, no. 14, art. 1413, no. 46, art. 5337; 2009, no. 12, art. 1443, no. 19, art. 2346, no. 25, art. 3060, no. 47, art. 5675, no. 49 ( part 2), art. 5970; 2010, No. 9, art. 964, No. 22, art. 2776, No. 40, art. 5072; 2011, no. 34, art. 4986, no. 35, art. 5092) I order:

Introduce into the Instruction on office work in institutions and bodies of the penal system, approved by order of the Federal Penitentiary Service of Russia dated 08/10/2011 No. 463 "On approval of the Instruction on office work in institutions and bodies of the penal system" (recognized as not requiring state registration, letter from the Ministry of Justice of Russia from 07.10.2011 No. 01/71938-BE), changes according to the appendix.

Colonel-General of the Internal Service A.A. Reimer

to the order of the Federal Penitentiary Service of Russia

Changes to the Instruction for record keeping

in institutions and bodies of the penal system,

approved by order of the Federal Penitentiary Service of Russia dated 08/10/2011 No. 463

"On the approval of the Instruction for office work in institutions

and the bodies of the penal system "

Clause 4 shall be supplemented with the words ", as well as administrative regulations on working with citizens' appeals and on considering proposals, applications and complaints of convicts and persons in custody";

clause 21 shall be supplemented with paragraphs as follows:
"" Electronic image of a document "- an electronic copy of a document made on paper;
"Document scanning" - obtaining an electronic image of a document;
"Electronic document management system" - Information system ensuring the collection of documents (inclusion of documents in the system), their processing, document management and access to them;
"Electronic document flow" - document flow using an information system. ";

clause 28 shall be supplemented with the following paragraph:
“When preparing electronic documents in the institutions and bodies of the UIS, electronic templates of document forms are used. Electronic templates of forms of documents are approved by the head of the institution or body of the penal system after agreement with the Federal Penitentiary Service of Russia. ";

clause 83 shall be supplemented with the following paragraphs:
“In the institutions and bodies of the UIS, the following are created and used:
electronic documents created in electronic form without preliminary documentation on paper;
electronic images of documents obtained as a result of scanning documents and stored in the electronic document management system.
The composition of electronic documents circulating in the electronic document management system is determined by the director of the Federal Penitentiary Service of Russia on the basis of the recommendations of the Federal Archival Agency and in accordance with the list of documents, the creation, storage and use of which can be carried out in the form of electronic documents.
The list of documents, the creation, storage and use of which can be carried out in the form of electronic documents, is approved by the Director of the Federal Penitentiary Service of Russia in agreement with the Federal Archival Agency (1).
__________________________
(1) - Clause 40 of the Rules for Office Work in Federal Executive Bodies, approved by Decree of the Government of the Russian Federation of 15.06.2009 No. 477 "On Approval of the Rules for Office Work in Federal Executive Bodies".
________________________________________

Documents created in the institution or body of the UIS and (or) received in the institution or body of the UIS on paper are included in the electronic document management system after scanning and creating electronic images of documents. The inclusion of an electronic image of a document in the electronic document management system is possible after comparing it with the original document. ";

in clause 84, paragraph five shall be stated as follows:
"Electronic documents are executed in Open Document formats for office applications, as well as Microsoft Office for creating and processing documents and PDF for storing scanned images.";
the sixth paragraph shall be declared invalidated;

subparagraph 10) of paragraph 107 shall be stated in the following edition:
"10) Name or annotation of the document.";

Clause 154 shall be supplemented with the following sentence:
"The UIS electronic document management system must comply with the requirements established by the Ministry of Communications and Mass Media of the Russian Federation (2).";

the tenth paragraph of clause 155 shall be stated as follows:
“When submitting electronic documents to the head of the institution or UIS body for consideration, sending electronic documents to structural divisions and responsible executors of the institution or UIS body, as well as sending and storing electronic documents, their registration data is transferred (sent, stored) along with them. When transferring electronic documents to other state bodies, the documents are certified electronic signature the head of the institution or body of the UIS. ";

Clause 239 shall be stated as follows:
“The unit of accounting for an electronic document is an electronic document registered in the electronic document management system of an institution or UIS body.
Electronic documents are formed into cases in accordance with the nomenclature of cases and indexed in accordance with the procedure established for cases composed of paper documents.
When drawing up the nomenclature of cases, it is indicated that the case is being conducted in electronic form, for example: “Correspondence about administrative and economic services. Electronic documents ".";

Clause 311 shall be supplemented with the following paragraph:
"Electronic documents are subject to destruction after the expiration of the period established for their storage, on the basis of an act approved by the head of the institution or authority of the AIS."

___________________________
(2) - Clause 41 of the Rules for Office Work in Federal Executive Bodies, approved by Decree of the Government of the Russian Federation of 15.06.2009 No. 477 "On Approval of the Rules for Office Work in Federal Executive Bodies".

LEGISLATIVE AND REGULATORY - LEGAL FRAMEWORK REGULATING THE ACTIVITIES OF THE BODIES OF THE CRIMINAL ENFORCEMENT SYSTEM AS STATE INSTITUTIONS

E.V. Kazakova

FSBEI "Oryol State University named after I.S. Turgenev "

The penitentiary system (UIS) is an integral part of the law enforcement agencies of Russia, which is a set of institutions and bodies that execute criminal penalties and implement other measures of a criminal law nature. This system is multifunctional. She not only executes sentences in the form of imprisonment, but also organizes the attraction of convicts to work, carries out general and professional training of specialists, sanitary-preventive work and treatment of convicts, operational-search activities, implements social work with convicts and control over their behavior.

The functioning of any social institution is regulated by certain norms: legal, moral, as well as already formed traditions, etc. Due to the peculiarities of the procedure for the execution of punishment, which is always associated with restrictions, this feature of the penal system as a social institution acquires special significance. This is expressed in the fact that this area is regulated by various legal acts.

Legislative acts regulate all types of activities carried out in the institutions and bodies of the UIS: creating documents, processing them, storing and using them, requirements for processing various types of documents, requirements for giving documents legal force, requirements for the creation, storage and protection of information, as well as basic concepts and processes in the field of informatization and others.

The most important regulatory legal act in the activities of institutions and bodies of the penal system is Constitution of the Russian Federation

(adopted on December 12, 1993). The Constitution is the basic law of the state, it enshrines the initial principles of the state, functions and foundations of organization, forms and methods of activity. The scope of constitutional regulation is very broad. The constitution deals with various aspects of civil society life. It defines the foundations of the status of a person and a citizen, the relationship between the state and the individual, consolidates the diversity of the country's economy and contains the provision that the Russian Federation is a social state, laid down the principles of political diversity, multiparty system, excludes the establishment of any ideology as a state or mandatory.

FKZ "On the State Emblem of the Russian Federation". Bodies of the UIS, in accordance with the Federal Law on Law No. 2-FKZ, use in their activities the press with the reproduction of the State Emblem of the Russian Federation. Official seals are used in the institutions and bodies of the UIS to certify the authenticity of documents or the correspondence of copies of documents to originals. Official seals are made in strictly limited quantities and exclusively for official purposes.

The basis is Civil Code of the Russian Federation (Civil Code of the Russian Federation): Part One , which enshrines the legal basis for the activities of legal entities and the relationship between legal entities and individuals. ...

Criminal Code of the Russian Federation (Criminal Code of the Russian Federation) ... State regulation of issues in the bodies of the penitentiary system related to the storage of documents is partially reflected in the Criminal Code of the Russian Federation, which provides for liability for loss, smuggling, damage and theft of documents containing state secrets. ...

Criminal Executive Code (PEC RF) contains the main provisions of the criminal-executive legislation, norms on the execution of specific punishments. A number of principles are laid in the basis of the criminal-executive legislation - these are legality, humanism, democracy, means of correcting convicts and stimulating their law-abiding behavior, combining punishment with corrective action. ...

Code of the Russian Federation "On Administrative Offenses" (Code of Administrative Offenses) regulates issues related to the protection of the rights and interests of citizens, individuals and legal entities from administrative offenses. Administrative penalties for non-observance of the rules for the use, acquisition, accounting and storage of archival documents in the bodies of the penal system are determined in Art. 13.20 of the Code. ...

Federal Law "On Electronic Signature" designed to ensure the legal conditions for the use of electronic signatures in electronic documents. The law established a number of concepts related to electronic signature, such as, electronic document, public and private key, electronic signature, certificate, user of the signature key certificate, authentication, public information system, as well as the procedure for use.

Federal Law "On Information, Information Technologies and Information Protection" “… Regulates relations arising from:

1) the exercise of the right to search, receive, transfer, produce and disseminate information;

2) application information technologies;

3) ensuring the protection of information ".

The peculiarities of work on the consideration of applications of citizens of the Russian Federation, foreign citizens and stateless persons in institutions and bodies of the penal system are regulated by Federal Law "On the Procedure for Considering Applications of Citizens of the Russian Federation" .

Federal Law "On Personal Data" regulates relations related to the processing of personal data of citizens of the Russian Federation, carried out by state authorities, local authorities, legal entities and individuals. The purpose of the law is to protect human rights and freedoms when processing his personal data.

Law "On State Secrets". This law reveals the essence of the concept of "state secret" in relation to any existing legal relationship

Federal Law "On archival affairs in the Russian Federation" ... Documents generated in the course of the activities of institutions and bodies of the UIS are part of the Archive Fund of the Russian Federation and are kept in institutions and bodies for temporary and depository storage until they are transferred for permanent storage to the State Archives of the constituent entities of the Russian Federation.

Law of the Russian Federation "On Institutions and Bodies Executing Criminal Sentences in the Form of Imprisonment" regulates the activities of institutions and bodies executing criminal punishments in the form of imprisonment, which in turn constitute a single penal system.

Decree of the Government of the Russian Federation "On the approval of the rules of office work in federal bodies for the execution of sentences" and By the order of the Federal Archival Agency "On the approval of Methodological recommendations for the development of instructions for office work in federal executive bodies" is established uniform order office work in federal executive bodies.

Order of the Federal Penitentiary Service “On the approval of the Instruction on record keeping in institutions and bodies of the penal system”. The instruction defines uniform requirements for the preparation, processing, storage and use of documents generated in the activity, the rules for documenting and the procedure for document flow. The instruction was developed on the basis of legal acts and GOST R 6.30 2003 “Unified documentation systems. Unified system of organizational and administrative documentation. Requirements for paperwork " ... At the same time, the Instruction has a number of distinctive features with GOST R 6.30 2003.

List of sources used:

1. The Constitution of the Russian Federation of 12.12.1993 (taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of 21.07.2014 No. 11-FKZ)) // IPS ConsultantPlus. Art. 17

2. Federal Constitutional Law of December 25, 2000 No. 2-FKZ "On the State Emblem of the Russian Federation" (as amended on March 12, 2014 No. 5-FKZ) // IPS ConsultantPlus. Art.

3. Civil Code of the Russian Federation: Part One of 30.11.1994 No. 51-FZ (as amended on 07.05.2013 No. 100-FZ) // IPS ConsultantPlus. Articles 15, 16, 49, 52.

4. Code of the Russian Federation of 30.12.2001, No. 195-FZ "On Administrative Offenses"

5. The Criminal Code of the Russian Federation of 13.06.1996, No. 63-FZ (as amended on 05.04.2013, No. 59-FZ) // IPS ConsultantPlus. Art. 11, 15, 47, 48.

6. The Criminal Executive Code of the Russian Federation dated 01/08/1997 No. 1-FZ (as amended on 03/30/2015 No. 67-FZ) // IPS ConsultantPlus.

7. Federal Law of the Russian Federation dated 06.04. 2011 No. 63-FZ "On electronic signature" (as amended on 12.03.2014, No. 33-FZ) // IPS ConsultantPlus.

8. Federal Law of 27.07.2006 No. 149-FZ "On Information, Information Technologies and Information Protection" (as amended on 31.12.2014) // IPS ConsultantPlus.

9. Federal Law dated 02.05.2006 No. 59-FZ "On the Procedure for Considering Applications of Citizens of the Russian Federation" (as amended by Federal Law dated 24.11.2014 No. 357-FZ) // IPS ConsultantPlus.

10. Federal Law of 27.07.2006 No. 152-FZ "On Personal Data" (as amended on 21.07.2014 No. 216-FZ) // IPS ConsultantPlus

11. Law of 25.07. 1993 No. 5485-1 "On state secrets" (as amended on November 4, 2014, No. 342-FZ) // IPS ConsultantPlus. Art. one

12. Federal Law of 22.10.2004 No. 125-FZ "On archival affairs in the Russian Federation" (as amended on 04.10.2014, No. 289-FZ) // IPS ConsultantPlus.

13. Law of the Russian Federation of 21.07.1993 No. 5473-1 "On institutions and bodies executing criminal punishments in the form of imprisonment" (as amended on 20.04.2015, No. 103-FZ) // IPS ConsultantPlus. Art. 5

14. Order of the Federal Penitentiary Service of 08/10/2011 No. 463 "On the approval of the Instruction on record keeping in institutions and bodies of the penal system" // IPS ConsultantPlus

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the Russian Federation

Order of the Federal Penitentiary Service of the Russian Federation of November 10, 2010 N 463 "On Amendments to the Order of the Federal Penitentiary Service of Russia dated April 12, 2010 N 151" On Measures to Implement the Order of the President of the Russian Federation of May 8, 2001 N 528 IN THE CRIMINAL SYSTEM "

the fourth paragraph shall be stated in the following edition:

"employees of the penal system with a higher legal education, serving in the legal department of the Federal Penitentiary Service of Russia, the department for processing, editing and control of documents and the security department of the affairs administration of the Federal Penitentiary Service of Russia, the department of legal support for work with personnel and the department of social and legal work of the department personnel of the Federal Penitentiary Service of Russia, as well as serving in institutions directly subordinate to the Federal Penitentiary Service of Russia, territorial bodies of the Federal Penitentiary Service of Russia, institutions subordinate to the territorial bodies of the Federal Penitentiary Service of Russia, in the positions of assistants to the heads of institutions and bodies of the penal system for legal work, chiefs, deputy chiefs, chief specialists from legal support units, senior legal advisers and legal advisers. ";

supplement with the fifth paragraph of the following content:

"Monthly allowance in the amount of up to 30 percent of the official salary - to other employees who provide legal support for the activities of institutions and bodies of the penal system, who have a higher legal education and fill positions, whose main duties include conducting legal examination of legal acts and draft legal acts , preparation and editing of draft legal acts and their endorsement as a lawyer or executor. ";

in the second paragraph of clause 3, the words "to the heads of the territorial bodies of the Federal Penitentiary Service of Russia and institutions directly subordinate to the Federal Penitentiary Service of Russia," shall be deleted.

MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION

FEDERAL PUNISHMENT SERVICE

(FSIN RUSSIA)

ORDER

Moscow

On amendments to the Instruction for office work

in institutions and bodies of the penal system,

approved by order of the Federal Penitentiary Service of Russia dated 08/10/2011 No. 463

"On the approval of the Instruction for office work in

institutions and bodies of the penal system "

In accordance with the Decree of the President of the Russian Federation of 13.10.2004 No. 1314 "Issues of the Federal Penitentiary Service" (Collected Legislation of the Russian Federation, 2004, No. 42, Art. 4109; 2005, No. 29, Art. 3037, No. 49, Art. 5204 ; 2007, No. 11, Art. 1283; 2008, No. 18, Art. 2009, No. 43, Art. 4921, No. 47, Art. 5431; 2010, No. 4, Art. 368, No. 19, Art. 2300, No. 20, art. 2435), by the decrees of the Government of the Russian Federation dated 15.06.2009 No. 477 "On approval of the rules of office work in federal executive bodies" (Collected Legislation of the Russian Federation, 2009, No. 25, art. 3060; 2011, No. 37, art. 5263) and dated July 28, 2005 No. 452 "On the Model Regulations for the Internal Organization of Federal Executive Bodies" (Collected Legislation of the Russian Federation, 2005, No. 31, Art. 3233; 2007, No. 43, Art. 5202; 2008, No. 9, Art. 852, no. 14, art. 1413, no. 46, art. 5337; 2009, no. 12, art. 1443, no. 19, art. 2346, no. 25, art. 3060, no. 47, art. 5675, no. 49 ( part 2), art. 5970; 2010, No. 9, art. 964, No. 22, art. 2776, No. 40, art. 5072; 2011, no. 34, art. 4986, no. 35, art. 5092) I order:

Director

Colonel-General of the Internal Service A.A. Reimer

APPENDIX

to the order of the Federal Penitentiary Service of Russia

Changes to the Instruction for record keeping

in institutions and bodies of the penal system,

approved by order of the Federal Penitentiary Service of Russia dated 08/10/2011 No. 463

"On the approval of the Instruction for office work in institutions

and the bodies of the penal system "

Clause 21 shall be supplemented with paragraphs as follows:
"" Electronic image of a document "- an electronic copy of a document made on paper;
"Document scanning" - obtaining an electronic image of a document;
"Electronic document management system" - an information system that ensures the collection of documents (inclusion of documents in the system), their processing, document management and access to them;
"Electronic document flow" - document flow using an information system. ";

Clause 28 shall be supplemented with the following paragraph:
“When preparing electronic documents in the institutions and bodies of the UIS, electronic templates of document forms are used. Electronic templates of forms of documents are approved by the head of the institution or body of the penal system after agreement with the Federal Penitentiary Service of Russia. ";

Clause 83 shall be supplemented with paragraphs as follows:
“In the institutions and bodies of the UIS, the following are created and used:
electronic documents created in electronic form without preliminary documentation on paper;
electronic images of documents obtained as a result of scanning documents and stored in the electronic document management system.
The composition of electronic documents circulating in the electronic document management system is determined by the director of the Federal Penitentiary Service of Russia on the basis of the recommendations of the Federal Archival Agency and in accordance with the list of documents, the creation, storage and use of which can be carried out in the form of electronic documents.
The list of documents, the creation, storage and use of which can be carried out in the form of electronic documents, is approved by the Director of the Federal Penitentiary Service of Russia in agreement with the Federal Archival Agency (1).
__________________________
(1) - Clause 40 of the Rules for Office Work in Federal Executive Bodies, approved by Decree of the Government of the Russian Federation of 15.06.2009 No. 477 "On Approval of the Rules for Office Work in Federal Executive Bodies".
________________________________________

In clause 84, paragraph five shall be stated as follows:
"Electronic documents are executed in Open Document formats for office applications, as well as Microsoft Office for creating and processing documents and PDF for storing scanned images.";
the sixth paragraph shall be declared invalidated;

Subclause 10) of clause 107 shall be amended as follows:
"10) Name or annotation of the document.";

Paragraph ten of clause 155 shall be amended as follows:
“When submitting electronic documents to the head of the institution or UIS body for consideration, sending electronic documents to structural divisions and responsible executors of the institution or UIS body, as well as sending and storing electronic documents, their registration data is transferred (sent, stored) along with them. When transferring electronic documents to other state bodies, the documents are certified by the electronic signature of the head of the institution or body of the UIS. ";

Clause 239 shall be amended as follows:
“The unit of accounting for an electronic document is an electronic document registered in the electronic document management system of an institution or UIS body.
Electronic documents are formed into cases in accordance with the nomenclature of cases and indexed in accordance with the procedure established for cases composed of paper documents.
When drawing up the nomenclature of cases, it is indicated that the case is being conducted in electronic form, for example: “Correspondence about administrative and economic services. Electronic documents ".";

Instructions
on office work in the Federal Service for the Execution of Sentences, approved. by order of the Federal Penitentiary Service of August 10, 2011 N 464

See the Instruction on office work in institutions and bodies of the penal system, approved by order of the Federal Penitentiary Service of Russia dated August 10, 2011 N 463
I. General Provisions
1. Instruction on office work in the Federal Penitentiary Service (hereinafter referred to as the Instruction) was developed in order to establish uniform requirements for the preparation, processing, storage and use of documents generated in the activities of the Federal Penitentiary Service (hereinafter referred to as the FSIN of Russia), to improve the office work in the FSIN of Russia, increasing its efficiency and establishes the rules for documenting and the procedure for document circulation, binding on all employees and federal civil servants of the Federal Penitentiary Service of Russia (hereinafter referred to as employees).
3. Working with secret documents, cipher telegrams, other documents limited access, as well as the processing of classified and other information of limited access in the Federal Penitentiary Service of Russia is carried out in accordance with special instructions.

4. Peculiarities of work on consideration of appeals of citizens of the Russian Federation, foreign citizens and stateless persons (hereinafter referred to as citizens) are regulated by the Federal Law of 02.05.2006 N 59-FZ "On the Procedure for Considering Appeals of Citizens of the Russian Federation" (Collected Legislation of the Russian Federation, 2006, 19, art. 2060; 2010, N 31, art. 4196), by order of the Federal Penitentiary Service of Russia dated 05.19.2006 N 245 "On Approval of the Regulations of the Federal Penitentiary Service" (hereinafter referred to as the Regulations of the Federal Penitentiary Service of Russia).

5. Provisions of the Instruction apply to the organization of work with documents regardless of the type of medium, including with electronic documents, including the preparation, processing, storage and use of documents, carried out with the help of information technology. Electronic document management systems (automated document processing systems) used in the Federal Penitentiary Service of Russia must ensure compliance with the requirements of the Instruction.

6. Registration, control of orders, work with citizens' appeals and other document flow procedures are carried out in the Federal Penitentiary Service of Russia using automated system processing documents in accordance with the Instructions.

7. Requirements Instructions for working with accounting, scientific and technical and other special documentation are distributed only in part general principles work with documents, as well as preparation of documents for transfer to archival storage.

8. Organization, maintenance and improvement of office work on the basis of a unified policy, the use of modern information technologies in working with documents, processing of incoming and outgoing correspondence, citizens' appeals, including appeals received at a personal reception, as well as organizational and administrative documents for the main activity , editing draft orders, instructions, service letters, monitoring the execution of orders, completing archival funds and other office work functions in the Federal Penitentiary Service of Russia, methodological guidance and control over the observance of the established procedure for working with documents in the structural divisions of the Federal Penitentiary Service of Russia (hereinafter referred to as structural divisions) carries out business management FSIN of Russia in accordance with the regulations on it and the job regulations (instructions) of its employees.

9. Record keeping in structural divisions is carried out by an employee responsible for record keeping.

10. Control over the observance of the rules for documenting and document circulation established by the Instruction, including the procedure for working with citizens' appeals, as well as ensuring the safety of official documents in structural divisions, is entrusted to their leaders.

11. When the head of a structural unit is changed, a commission is created, which ensures the acceptance and transfer of cases, drawn up by an act approved by the director of the Federal Penitentiary Service of Russia (the person performing his duties).

12. Employees of structural divisions bear disciplinary and other liability established by the legislation of the Russian Federation for non-compliance with the requirements of the Instruction.

13. Each employee must be familiarized with the Instruction against signature.

14. The employee must inform the head of the structural unit about irreparable damage, loss of documents and cases of violation of the rules for working with them, established by the Instruction. On the basis of the information received, an official check is carried out in accordance with the established procedure.

15. When going on vacation, going on a business trip, at the time of illness or in case of dismissal, moving through the service, employees are obliged to transfer all documents they hold to the employee responsible for office work in the structural unit, or to another employee at the direction of the head of the structural unit. When an employee is dismissed or moved through the service, the transfer of documents and cases is carried out according to an act.

In these cases, an employee who has received a control document or another document registered with the Federal Penitentiary Service of Russia for execution is obliged to report the change in the executor to the affairs department of the Federal Penitentiary Service of Russia.

16. Official office work in the Federal Penitentiary Service of Russia is conducted in Russian - the state language of the Russian Federation.

18. The publication of official correspondence in the media is allowed only with the permission of the director of the Federal Penitentiary Service of Russia.

19. The Office of the Federal Penitentiary Service of Russia regularly checks the status of work with documents, as well as the organization and management of office work in structural divisions, institutions directly subordinate to the Federal Penitentiary Service of Russia, at least once every three years, territorial bodies of the Federal Penitentiary Service of Russia and institutions subordinate to them at least one every five years and provides them with appropriate practical and methodological assistance.

Memorandums, acts, certificates on the results of inspections are sent to the heads of the audited structural divisions, institutions and authorities of the penal system.

20. To check the state of office work and archiving in the institutions and bodies of the penal system, the affairs department of the Federal Penitentiary Service of Russia, by order of the director of the Federal Penitentiary Service of Russia, may involve employees of the office management services of institutions directly subordinate to the Federal Penitentiary Service of Russia and the territorial bodies of the Federal Penitentiary Service of Russia.

21. In the Federal Penitentiary Service of Russia, control over the correct organization and conduct of office work, its state, compliance with the established rules for working with documents, written requests from citizens, the timeliness and quality of their execution, as well as ensuring proper working conditions for employees performing office work functions, is assigned to the head of the department affairs of the Federal Penitentiary Service of Russia.
II. Basic concepts
22. The following basic concepts are used in this Manual:

"documenting"- fixing information on tangible media according to established order;

"document flow"- movement of documents from the moment of their creation or receipt until the completion of execution, placement in the case and (or) sending;

"document"- an official document created by a government agency, local government, legal or natural person, drawn up in accordance with the established procedure and included in the document flow of the Federal Penitentiary Service of Russia;

"copy of the document"- a document that fully reproduces the information of the original document and its external features, which has no legal force;

"original document"- the first or only copy of the document;

"document attribute"- an obligatory element of document registration;

"document registration"- assignment of a registration number to a document and recording, in accordance with the established procedure, information about the document;

"office work"- activities that ensure the creation of official documents and the organization of work with them in the Federal Penitentiary Service of Russia;

"office management"- structural unit, which is entrusted with the functions of maintaining office work, as well as employees responsible for maintaining office work in other structural divisions;

"case"- a set of documents or a separate document related to one issue or area of activity of the Federal Penitentiary Service of Russia;

"nomenclature of cases"- a systematized list of the names of cases formed in the Federal Penitentiary Service of Russia, indicating the terms of their storage;

"examination of the value of documents"- study of documents on the basis of criteria for their value in order to determine the storage periods of documents and their selection for inclusion in the Archive Fund of the Russian Federation;

"electronic document"- documented information presented in electronic form, that is, in a form suitable for human perception using electronic computers, as well as for transmission over information and communication networks or processing in information systems;

"electronic message"- information transmitted or received by the user of the information and telecommunication network;

"electronic signature"- information in electronic form, which is attached to other information in electronic form (signed information) or otherwise associated with such information and which is used to identify the person signing the information.
III. Rules for the preparation and execution of documents
23. In accordance with paragraph 5 of the Rules of office work in federal executive bodies, approved by the Government of the Russian Federation of 15.06.2009 N 477 (hereinafter referred to as the Rules of office work), documents created in the FSIN of Russia are drawn up on forms, on standard sheets of A4 paper (210 x 297 mm) or A5 (248 x 210 mm) or in the form of electronic documents and must have an established set of details, their location and design.

24. Each sheet of a document, executed both on a letterhead and on a standard sheet of paper, or in the form of an electronic document, has the following margin sizes:

left - 30 mm;

right - 12.5 mm;

top - 20 mm;

bottom - 20 mm,

25. The text of the document is printed with 1-1.5 line spacing, without word wrapping on the right margin.

26. When formatting the text of a document on two or more pages, the second and subsequent pages should be numbered. Sequential page numbers are placed in the middle of the top margin of the page in Arabic numerals without the word "page" (page) and punctuation marks.

27. The Contractor is responsible for compliance with the requirements of the Instructions in the preparation and execution of documents, the rules of the Russian language and the established set of mandatory details, the order of their location, as well as for the completeness and reliability of the information used in the preparation of the document, violation of the deadlines for the execution of documents without objective reasons.
3.1. Forms of documents
28. The FSIN of Russia provides for the use of the following types of forms:

letter form from the director of the Federal Penitentiary Service;

letter form of the Federal Penitentiary Service;

order form of the Federal Penitentiary Service;

order form of the Federal Penitentiary Service.

29. When developing and producing forms of documents, the affairs department of the Federal Penitentiary Service of Russia is guided by the Federal Constitutional Law of December 25, 2000 N 2-FKZ "On the State Emblem of the Russian Federation", Decree of the Government of the Russian Federation of December 27, 1995 N 1268 "On streamlining the production, use, storage and destruction of seals and letterheads with the reproduction of the State Emblem of the Russian Federation. "

30. In the Federal Penitentiary Service of Russia, forms with a reproduction of the State Emblem of the Russian Federation are used to issue orders, instructions and service letters. Samples of forms used in the Federal Penitentiary Service of Russia are given in Appendices N 1, 2, 3, 4 of the Instruction.

31. Blanks for each type of document are made on the basis of the angular or longitudinal location of the details.

32. The image of the State Emblem of the Russian Federation on forms with an angular arrangement of details is placed on the upper field of the form above the middle of the lines of the name of the Federal Penitentiary Service of Russia, and on forms with a longitudinal arrangement of details - in the center of the upper field. Image diameter no more than 20 mm.

33. The name of the Federal Penitentiary Service of Russia is indicated in strict accordance with the Regulations on the Federal Penitentiary Service, approved by Decree of the President of the Russian Federation of 13.10.2004 N 1314 (hereinafter referred to as the Regulations on the Federal Penitentiary Service of Russia).

34. The abbreviated name is placed on the form after the full name.

35. For each type of forms, a certain set of requisites is established:

35.1. For the letterhead of the director of the Federal Penitentiary Service of Russia:

position name: director;

reference data: postal address, postal code of the communications company, telephone and fax numbers;

35.2. For the letter form of the Federal Penitentiary Service of Russia:

State emblem of the Russian Federation;

the abbreviated name of the ministry in charge of the Federal Penitentiary Service of Russia: Ministry of Justice of Russia;

full name: Federal Penitentiary Service;

abbreviated name: Federal Penitentiary Service of Russia;

reference data: postal address, postal code of the communications company, telephone and fax numbers, e-mail address;

stamps for date and registration number;

35.3. For the order form (instruction) of the Federal Penitentiary Service of Russia:

State emblem of the Russian Federation;

full name of the ministry in charge of the Federal Penitentiary Service of Russia: Ministry of Justice of the Russian Federation;

full name: Federal Penitentiary Service;

abbreviated name: Federal Penitentiary Service of Russia;

type of document: order (order);

place of compilation (publication) of the document: Moscow;

marks for affixing the date and registration number of the order (instruction).

36. Blanks of documents are made on standard sheets of A4 paper (210 x 297 mm) using color ink other than black.

37. The production of seals and forms with the reproduction of the State Emblem of the Russian Federation is carried out only by printing and stamp-engraving enterprises that have certificates of the availability of technical and technological capabilities for the manufacture of the specified type of product at the proper quality level.

38. The production of letterheads, orders (orders) of the Federal Penitentiary Service of Russia with the reproduction of the State Emblem of the Russian Federation is carried out by orders of the Federal Penitentiary Service of Russia.
3.2. Participation of the Federal Penitentiary Service of Russia in the preparation of draft legislative and other regulatory legal acts
39. The Federal Penitentiary Service of Russia, on behalf of the Ministry of Justice of Russia, makes proposals for improving the legislation of the Russian Federation on issues within the competence of the Federal Penitentiary Service of Russia, develops draft federal laws in pursuance of legislative acts of the Russian Federation, plans for legislative activities of the Government of the Russian Federation and relevant instructions, as well as on its own initiative in accordance with the procedure established by the Ministry of Justice of Russia.

40. The Federal Penitentiary Service of Russia, on behalf of the Ministry of Justice of Russia, participates in the preparation of draft acts of the President of the Russian Federation and the Government of the Russian Federation on issues within the competence of the Federal Penitentiary Service of Russia.

41. Draft acts are submitted to the Ministry of Justice of Russia for subsequent submission in accordance with the established procedure to the Government of the Russian Federation.
3.3. Preparation of regulatory legal acts of the Federal Penitentiary Service of Russia
42. The Federal Penitentiary Service of Russia adopts normative legal acts on the execution of criminal sentences and the activities of institutions and bodies of the penal system in cases established by federal constitutional laws, federal laws and decrees of the President of the Russian Federation.

43. Normative legal acts are issued by the Federal Penitentiary Service of Russia within its competence in the form established by the legislation of the Russian Federation in accordance with the Rules for the preparation of regulatory legal acts of federal executive bodies and their state registration, approved by Decree of the Government of the Russian Federation of 13.08.1997 N 1009.

44. The preparation of a draft regulatory legal act is carried out by an authorized structural unit with the involvement, if necessary, of specialists from scientific and other organizations.

45. Normative legal acts are issued in the form of decrees, orders, orders, rules, instructions and regulations.

46. Responsibility for high-quality preparation, execution of draft orders (orders) and their coordination with interested structural divisions are the heads of structural divisions that develop projects, for the state of rule-making work in the assigned areas of activity of the Federal Penitentiary Service of Russia - the corresponding deputy directors of the Federal Penitentiary Service of Russia.

47. Responsibility for the compliance of draft normative legal acts with legislative and other normative legal acts of the Russian Federation rests with the legal department of the Federal Penitentiary Service of Russia, control over the correctness of their execution - with the affairs department of the Federal Penitentiary Service of Russia.

48. The preparation of a draft normative legal act is entrusted to the structural unit, whose competence includes the organization of regulated activities. If the project is instructed to prepare several structural units, the work on its preparation is organized and carried out by the structural unit, which is indicated in the order (plan) first. At the same time, the responsible executor and other officials responsible for the preparation of the specified project and the period for its preparation are determined.

49. The term for preparing a draft and issuing a normative legal act in pursuance of federal laws, decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, as a rule, should not exceed one month, unless another period is set.

50. In order to prevent the inclusion in the draft regulatory legal act of provisions that contribute to the creation of conditions for the manifestation of corruption, when preparing the draft regulatory legal act, the Methodology for conducting anti-corruption expertise of regulatory legal acts and draft regulatory legal acts, approved by the Government of the Russian Federation of February 26, 2010 N 96.

51. When preparing the most important, complex and large-scale projects of normative legal acts, as well as acts issued jointly by several federal executive bodies, by decision of the leadership of the Federal Penitentiary Service of Russia, working groups (commissions) can be created from among the most experienced workers, who, if necessary, on period of activity as part of a working group are released from the performance of their official duties.

52. In the process of working on the draft regulatory legal act of the Federal Penitentiary Service of Russia, the collection and study of information related to the topic of the project is being carried out. Such information may be contained: in legislative acts, decrees of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, agreements on the delimitation of subjects of jurisdiction and powers between the state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation, departmental regulatory legal acts, acts of inspections and certificates on the results of trips on business trips, in generalizations of the practice of applying the legislation of the Russian Federation, scientific literature and materials from periodicals, as well as in data from criminological and sociological studies, statistical and other information characterizing the state of the organization and activities of the penal system.

53. The preparation of a complex draft of a regulatory legal act is preceded by the development of its concept, including the definition of the subject and purpose of the regulatory legal act, substantiation of its main provisions and the intended consequences of its application, assessment of possible legal alternatives and methods of legal regulation in the relevant area, identification of shortcomings of the current legal regulation and determination ways to eliminate them by issuing a new regulatory legal act.

54. After that, a timetable is developed for the preparation of a draft normative legal act. In the timetable, the main stages of work on the preparation of the project are indicated, the deadlines for their completion are indicated, the responsible executor and other officials (structural divisions) responsible for the results of the work are determined.

55. The structure of a normative legal act should ensure the logical development of the topic of legal regulation.

56. If an explanation of the goals and motives for the adoption of a normative legal act is required, then the draft provides an introductory part - a preamble. Normative provisions are not included in the preamble.

57. The draft normative legal act shall not include various recommendations, advice, quotations from books or other similar texts.

58. It is not allowed to issue normative legal acts for the announcement of legislative or other normative legal acts of the Russian Federation, which are acts of direct action.

59. If necessary, a regulatory legal act can be prepared on measures to comply with the instructions contained in the legislative and other regulatory legal acts of the Russian Federation concerning the activities of the penal system.

60. If necessary, for completeness of the presentation of the issue in regulatory legal acts, certain provisions of acts of legislation of the Russian Federation may be reproduced, which must have references to these acts and to the official source of their publication ("Rossiyskaya Gazeta", Collection of Legislation of the Russian Federation, Collection of Acts of the President and Government Russian Federation, Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation and others). In the case of references to acts of legislation of the Russian Federation without reproducing their individual provisions, an indication of the official source of publication is also necessary.

61. In case of reproduction in a normative legal act of certain provisions of other normative legal acts of federal executive bodies subject to state registration, or references to them, it is necessary to indicate their type, full name of the federal executive body that issued (adopted) the act, the date of publication (adoption ), the number, name of the act, as well as the registration number assigned to the act by the Ministry of Justice of the Russian Federation during state registration, and the date of state registration.

62. In case of reproduction in a normative legal act of certain provisions of acts of federal executive bodies recognized as not requiring state registration (not requiring state registration), or references to them, it is necessary to indicate their type, full name of the federal executive body that issued (adopted) act, date of publication (adoption), number, title of the act, as well as the date and number of the letter of the Ministry of Justice of the Russian Federation, by which the act was recognized as not requiring state registration (not requiring state registration).

63. A link to an act that does not require state registration (does not require state registration), which was not previously sent to state registration, is possible if it is simultaneously sent to the Ministry of Justice of the Russian Federation.

65. Simultaneously with the development of a draft normative legal act, proposals must be prepared to amend or invalidate previously issued acts or their parts corresponding to them.

66. Provisions on amending or invalidating previously issued acts or parts thereof are included in the text of the draft normative legal act (indicating the chapters, clauses, subparagraphs and paragraphs to be canceled) or are drawn up as an appendix to it.

67. If the provisions on amendment or invalidation of previously issued acts or their parts cannot be included in the normative legal act being developed, a separate draft normative legal act is prepared, providing for the appropriate actions.

68. Changes to a normative legal act are formalized by a normative legal act of the same type in which the main document was issued.

69. In the event that the Federal Penitentiary Service of Russia recognizes as invalid a normative legal act registered by the Ministry of Justice of the Russian Federation, the corresponding document on recognition as invalid must be submitted for state registration in accordance with the established procedure.

70. Normative legal acts, issued jointly or in agreement with other federal executive bodies, are amended or declared invalidated jointly or in agreement with these federal executive bodies.

71. If it is necessary to amend several normative legal acts registered by the Ministry of Justice of the Russian Federation, it is recommended that amendments to each act be drawn up in a separate document.

72. The draft regulatory legal act is subject to approval by the interested federal executive authorities if such approval is mandatory in accordance with the legislation of the Russian Federation, as well as if the draft regulatory legal act contains provisions of intersectoral significance or provides for joint activities of federal executive authorities.

73. A draft regulatory legal act affecting the revenues or expenditures of the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets and budgets of state extra-budgetary funds, is subject to sending to the Ministry of Finance of the Russian Federation for an opinion, which provides an assessment of the financial consequences of making appropriate decisions for these budgets and extrabudgetary funds.

74. Draft normative legal acts that govern relations in the field of organization and implementation of state control (supervision), in the field of establishing, applying and fulfilling mandatory requirements for products or related design processes (including surveys), production, construction, installation, adjustment , operation, storage, transportation, sale and disposal, in the field of conformity assessment and in the field of safety of production processes, are subject to sending to the Ministry of Economic Development of the Russian Federation for an opinion on the assessment of the regulatory impact.

75. The approval of the draft regulatory legal act in the Federal Penitentiary Service of Russia is formalized with visas. The visa includes the name of the position of the approving employee, the personal signature of the approver, the decryption of the signature and the date.

76. Visas are affixed on the back of the last sheet of the original of the normative legal act.

77. If there are objections, the draft normative legal act is endorsed with remarks that are drawn up in writing on a separate document, signed by the relevant official, and attached to the specified draft.

78. Draft regulatory legal acts in accordance with clause 5.6 of the Model Regulations for the Internal Organization of Federal Executive Bodies, approved by Decree of the Government of the Russian Federation of July 28, 2005 N 452, are also subject to approval by the Ministry of Justice of the Russian Federation.

79. Draft orders (directives), endorsed by the heads of the concerned structural divisions, as well as the first deputy (deputy) director of the Federal Penitentiary Service of Russia in charge of the project-regulated area of activity, and the Deputy Director of the Federal Penitentiary Service of Russia in charge of legal support for the activities of the penal system are sent for approval to the Ministry of Justice of Russia. but not signed by the director of the Federal Penitentiary Service of Russia (the person performing his duties). An explanatory note must be attached to the project.

80. A cover letter on sending a draft normative legal act for approval to the Ministry of Justice of Russia (Appendix No. 5) is prepared in the name of the Minister of Justice of the Russian Federation, signed by the director of the Federal Penitentiary Service of Russia (the person performing his duties).

81. Draft regulatory legal acts affecting the social and labor rights of workers are considered and adopted taking into account the opinion of the respective trade unions (Article 11 of the Federal Law of 12.01.1996 N 10-FZ "On Trade Unions, Their Rights and Guarantees of Activity" Federation, 1996, N 3, Art. 148; 2002, N 12, Art. 1093, N 30, Art. 3029, 3033; 2003, N 27 (part 1), Art. 2700, N 50, Art. 4855; 2004, N 27, Art. 2711; 2005, N 19, Art. 1752; 2008, N 30 (part 2), Art. 3616; 2009, N 1, Art. 17, N 27, Art. 3430).

82. All drafts of normative legal acts in order to verify their compliance with the Constitution of the Russian Federation, legislative and other normative legal acts of the Russian Federation, departmental normative acts, norms of international law, as well as obligations arising from international treaties of the Russian Federation, are subject to mandatory review and endorsement in legal department of the Federal Penitentiary Service of Russia. The participation of representatives of the legal department in the working group for the preparation of a draft normative legal act does not exempt the developers of the draft from its consideration in the legal department of the Federal Penitentiary Service of Russia.

83. The draft normative legal act, endorsed by the heads of the structural divisions concerned, with all the necessary documents attached to it, is sent for consideration to the legal department of the Federal Penitentiary Service of Russia:

before sending the project for approval with federal executive authorities, other institutions and organizations that are not part of the UIS (hereinafter referred to as other organizations);

before sending the project for approval to the Ministry of Justice of Russia;

before submitting a draft regulatory legal act for signature to the director of the Federal Penitentiary Service of Russia (the person performing his duties).

84. When sending to the legal department of the Federal Penitentiary Service of Russia a draft of a legislative or other regulatory legal act (in typewritten form and on a magnetic medium), the structural unit that is the lead executor (working group) attaches to it a list of regulatory legal acts of the Russian Federation and departmental regulatory legal acts , on the basis of which the development of the project was carried out, as well as a list of regulatory legal acts, in which, in accordance with the project, the corresponding changes are made, an explanatory note, the necessary calculations and justifications. The legal department of the Federal Penitentiary Service of Russia maintains records of these projects and, together with the structural unit that is the main executor, provides legal support during their passage through the authorities.

85. If the draft normative legal act submitted to the legal department of the Federal Penitentiary Service of Russia is not properly executed, is not approved and the necessary visas are not on it, and the necessary documents are not attached to it, the legal department of the Federal Penitentiary Service of Russia without consideration returns the project to the head performer with an indication of the reasons, which served as the basis for the return of the project.

86. The legal department of the Federal Penitentiary Service of Russia has the right to determine with whom the submitted draft normative legal act should be additionally coordinated.

87. In case of inconsistency of the draft normative legal act with the Constitution of the Russian Federation, legislative and other normative legal acts of the Russian Federation, international law, as well as obligations arising from international treaties of the Russian Federation, or its incorrect execution, the legal department of the Federal Penitentiary Service of Russia returns the draft for revision.

88. By agreement with the head of the structural unit, which is the main executor, comments and suggestions of the legal department of the Federal Penitentiary Service of Russia can be stated directly in the text of the draft.

89. To conduct an independent anti-corruption expertise of draft regulatory legal acts of the FSIN of Russia, with the exception of projects containing information constituting state secrets or confidential information, the structural unit responsible for the development of these projects ensures their placement on the official website of the FSIN of Russia on the Internet during the working day corresponding to the day they were sent to the legal department of the Federal Penitentiary Service of Russia.

90. When placing draft regulatory legal acts for an independent anti-corruption expertise on the official website of the Federal Penitentiary Service of Russia, the e-mail address of the project executor is indicated for sending expert opinions, the start and end dates for receiving conclusions based on the results of an independent anti-corruption expertise. The period for conducting an independent anti-corruption expertise cannot be less than 7 days from the date the project is posted on the official website of the Federal Penitentiary Service of Russia.

91. Normative legal acts are signed by the director of the Federal Penitentiary Service of Russia (the person performing his duties) after their agreement with the Ministry of Justice of Russia.

92. The signed (approved) normative legal act must have the following details:

the name of the body (bodies) that issued the act;

name of the type of act;

title of the act;

date of signing (approval) of the act and its number;

the name of the position and the surname of the person who signed the act.

93. A normative legal act issued jointly with other federal executive bodies must have appropriate numbers and a single date.

94. After signing, normative legal acts are registered in the regulatory fund of the legal department of the Federal Penitentiary Service of Russia, and then codified in the affairs department of the Federal Penitentiary Service of Russia. Further, the regulatory legal acts of the Federal Penitentiary Service of Russia are sent to the Ministry of Justice of Russia for state registration. Regulatory legal acts of the Federal Penitentiary Service of Russia, recognized as not requiring state registration, are sent by the legal department of the Federal Penitentiary Service of Russia for publication in the journal Vedomosti of the Penitentiary System.

95. Regulatory legal acts of the Federal Penitentiary Service of Russia are sent for state registration by the structural unit, which is the main executor, no later than 10 days after signing in 6 copies (original and 5 copies, one of which can be submitted on a magnetic medium). Normative legal acts containing information constituting a state secret, or information of a confidential nature, are submitted in 2 copies (original and 1 copy). If the normative legal act is signed by the person acting as director of the FSIN of Russia, a copy of the order on the imposition of the relevant duties on him is attached to it.

96. A cover letter on the direction of regulatory legal acts of the Federal Penitentiary Service of Russia to the Ministry of Justice of Russia for state registration is being prepared addressed to the Minister of Justice of the Russian Federation, signed by the Director of the Federal Penitentiary Service of Russia (Appendix No. 6).

97. The following are attached to the regulatory legal act of the Federal Penitentiary Service of Russia, sent for state registration:

A) a certificate signed by the head of the legal department of the Federal Penitentiary Service of Russia, containing:

information on the grounds for issuing a regulatory legal act;

information on the current regulatory legal acts on issues regulated by the order, with information on the timing of their bringing in line with the provisions of the order;

information on the approval of the regulatory legal act with the interested federal executive bodies (if such approval is required);

information on the conduct of an independent anti-corruption expertise, indicating the start and end date of the posting of the draft normative legal act on the official website of the Federal Penitentiary Service of Russia on the Internet;

B) copies of the conclusions received based on the results of an independent anti-corruption expertise.

98. After the issuance of a normative legal act, the structural unit, which is the main executor, ensures: bringing the normative legal act to the attention of the executors, studying the practice of applying the new normative legal act; organization of explanatory work on problems related to the subject of legal regulation of this act, as well as on issues that have arisen in the practice of applying a new regulatory legal act; accumulation and systematization of information on the progress of its implementation, as well as proposals for amendments to it. Based on the generalization of proposals, in the prescribed manner, a decision is made to amend the regulatory legal act of the corresponding changes.