What are the storage periods for documents according to the nomenclature of cases?

Why do we need a nomenclature of cases and how is it related to the storage periods of documents?

Let us analyze the storage periods for documents according to the nomenclature of cases using a practical example.
A graduate of the Financial Academy, Maria went to work at Virazh LLC, which is engaged in the renovation and construction of offices. Since the former student had no experience in financial matters, the management decided to assign her to the office for the duration of the probationary period - this way they could quickly become familiar with the structure of the company and study the specifics of its activities. This division consisted of 5 employees who dealt with various organizational issues, including responsibility for organizing the company’s document flow.

The department employee to whom Maria was assigned was developing a list of cases for the next year.

IMPORTANT! The list of cases for the next year is drawn up in the last quarter of the current year, approved by the head and put into effect on January 1 (clause 3.4.6 of the Rules for the operation of company archives dated 02/06/2002).

Maria was also involved in this work - she was tasked with setting storage periods for documents according to the nomenclature of cases opposite the names of case headings strictly according to the standard list.

IMPORTANT! The storage periods for documents are reflected in standard and departmental lists. From 02/18/2020, the basis for determining the deadlines is the List of standard documents and their storage periods, approved by order of the Federal Archive of Russia dated 12/20/2019 No. 236. The previously valid order of the Ministry of Culture dated 08/25/2010 No. 558 was cancelled.

Limitation periods in criminal cases

Attention

Statutory Limitations for Fraudulent Acts In order to accurately determine whether a victim can seek help from law enforcement agencies to protect legal rights, one must accurately determine the starting point of the statute of limitations period.

Important

The Civil Code of the Russian Federation stipulates that there are several possible options:

1. The starting point begins from the day when information was received that your rights were violated and by whom it was done.

For example, the employer, having collected contributions, disappeared in an unknown direction, the countdown period will begin from the day when you wanted to contact him but were unable to do so.

In this case, you realize that you have been deceived.

• If the fulfillment of obligations was scheduled for a certain date, then the beginning of the limitation period begins on the next day and can be a maximum of 10 years from the period when such obligations arose.

The list of basic requirements for the premises and security organization includes the following:

1. A separate isolated room is allocated in the court premises without adjoining the sanitary and communication parts of the building and placing furnace installations, as well as smoke exhaust structures.
2. Bars are installed on the windows, and metal doors are installed on the emergency and main entrances.
3. Lighting is provided only with electrical energy consumption.
4. Inside the archive there is a room for working with materials, with the possibility of natural lighting.
5. A fire alarm must be installed and operational fire extinguishing equipment must be installed.

Direct placement of materials is organized using mobile shelving structures of established sizes.

The statute of limitations in criminal cases is a certain legal period during which a citizen who has committed any criminal step may at one time be brought to any degree of responsibility to the fullest extent of the law.

A person can be brought to a certain responsibility for a crime within the limits of the law, but only if the investigation was opened before the end of the period provided for by current legislation.

According to criminal procedural norms, liability is provided regardless of whether a person truly interested in a positive outcome of the case took action or not - it is enough for the investigative authorities to carry out a certain procedure prescribed by law.

After the expiration of the limitation period, punishment cannot be imposed on the guilty person, in addition, the necessary measures provided for by law cannot be taken.

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The time frame for initiating a criminal case starts from the moment of commission of certain crimes.

But there are some exceptions to the general rules, for example, if the crime was not completed (prevented at the planning stage), in this case the limitation period starts from the moment of commission of any action prohibited by law, which became the cause or could have caused the subsequent an act that poses a danger to the public.

A continuing violation of the law, consisting of many systematically occurring facts of an illegal nature, then the period for closing the claim is calculated from the fact of the commission of the last act in this chain.

The periods of storage and termination of criminal proceedings do not include the time during which the accused prevented the official from fulfilling the obligations imposed on him to bring the guilty person to a certain type of responsibility.

In addition to the opening of such a concept as the statute of limitations in criminal cases, the law also provides for the moment of its closing - the final day of a certain period established by the current legislation on the territory of the Russian Federation or the date from which the decision of the judicial authorities on this matter legally comes into force business.

In 2021, when determining the limitation period, the Criminal Code provides for various terms, the use of which is directly related to the criminal act.

These terms are reflected in the Criminal Code of the Russian Federation, Art. 78:

1. In the case of a minor crime, the statute of limitations is several years. This refers to criminal actions, the responsibility for which requires detention in a colony for no more than 36 months.
2. If a crime recognized as moderately serious was committed, then the legal statute of limitations period will be 6 years. Criminal Code Art. 15 says that for acts of this kind a certain type of punishment is provided - imprisonment for a longer period than in the case described above: for pre-planned actions - 60 months, for actions committed without malicious intent - 3 years.
3. The duration of the investigation in criminal cases qualifying as especially grave is 120 months. Grave - planned actions, imprisonment for which is provided for up to 120 months.
4. For 15 years, prosecution has been provided for especially serious criminal acts. They are understood as acts for which punishment is provided in the form of detention in a maximum security colony for 120 months or more.

The current law on the territory of the Russian Federation provides for various situations in which the limitation period is not considered, including the following:

If various criminal acts are committed by a person, which requires lifelong detention in a maximum security colony, the expired period of investigation of the criminal case can be restored by a court decision.

In order to accurately determine whether a victim can seek help from law enforcement agencies to protect legal rights, one must accurately determine the starting point of the limitation period.

The Civil Code of the Russian Federation stipulates that there are several possible options:

1. The starting point begins from the day when information was received that your rights were violated and by whom it was done. For example, the employer, having collected contributions, disappeared in an unknown direction, the countdown period will begin from the day when you wanted to contact him but were unable to do so. In this case, you realize that you have been deceived.
2. If the fulfillment of obligations was scheduled for a certain date, then the beginning of the limitation period begins on the next day and can be a maximum of 10 years from the period when such obligations arose. For example, when selling a car to your friend, you agreed that part of the amount would be paid in a few months. The title to the vehicle has been transferred, the documents have all been reissued, the payment deadline has already arrived, but there is no money, that is, it is clearly fraud. The countdown begins from the moment claims are presented to the debtor, unless a payment deadline has been provided. You present demands to the debtor and set a period of 10 days; after this time, if you have not been paid in full, you can go to court.

If the debtor is hiding and the amount of debt is significant, that is, exceeds one million rubles, and there is evidence of criminal intent, then he faces criminal liability in accordance with current legislation.

In order to find out the deadline for terminating criminal proceedings, you should:

1. Find in the Criminal Code the corresponding article that you need, if it has sub-articles, then about the corresponding part of this article.
2. Study the maximum severe punishment provided for such an act, which can be assigned under this article of criminal law, or the part of this article that you need.
3. Based on the most severe punishment, determine the severity of the crime committed by you or another person.
4. Determine the timing of inquiries in criminal cases based on the severity of the criminal act committed. Here you should follow the rules, according to Art. 78 part 1 of the Criminal Code of the Russian Federation.

It should be remembered that the size of the limitation period in relation to criminal proceedings is related to the category of gravity of the criminal act committed.

According to the requirements of official legislation on the territory of the Russian Federation, all adult citizens can be brought to a certain type of responsibility at any time, but only if the investigation itself and the prosecution were carried out before the end of the limitation period determined by the existing law.

In addition, it should be noted that the limitation periods for civil and criminal cases are different.

But in order not to ask such a question, never cross the line of the law, otherwise everything may not end as well as you would like.

• Statutes of limitations for criminal offenses

Structure of the company's business portfolio

The list of cases of Virage LLC was formed based on the organizational structure of the company. The following departments took part in the document flow process:

• organizational issues division (office);
• personnel department;
• Department of Labor and Wages;
• Department of Economic Planning, Statistics and Finance;
• accounting and reporting department;
• Department of Tax Accounting and Declaration;
• labor protection department;
• production and technical department (PTO);
• other divisions.

Before putting storage periods next to those indicated in the nomenclature, Maria studied in detail the structure of the company and understood the functional purpose of each structural unit. Then she began to thoroughly understand the List approved by Order No. 236. Maria reflected information about the storage periods of certain documents in column 4 of the nomenclature. She started with the office and especially carefully studied the document flow of the department in which she was currently working.

Office documents: how long will they have to be stored?

The nomenclature of the office contained a list of a wide variety of files, the storage periods of which were strikingly different from each other. For example, a retention period of only 1 year applies to internal labor regulations (after replacement with new ones), and the collective agreement is required to be kept permanently.

The nomenclature of the office affairs was as follows (abbreviated):

While filling out column 4 of the nomenclature, Maria drew attention to the last 2 lines in column 2 “Case title”. As it turned out, it is customary to leave several reserve lines in the nomenclature of any division of the company in case headings of cases appear that were not previously provided for in the nomenclature. Retention periods in these lines will be entered only after the reserve lines are filled with the names of cases - while Maria left them empty.

After entering the storage periods for documents reflected in the office nomenclature, Maria began documenting the personnel department.

WE FILE CASES FOR STORAGE

Depending on the storage period, cases can be processed partially or completely. All files opened in the organization and having a storage period of more than 5 years are partially documented, with the exception of personnel files. The following cases are subject to full registration for storage, in accordance with the 2015 Rules:

• permanent shelf life;
• temporary (over 10 years) storage period;
• documents on personnel ( all , including those that have a five-year shelf life).

Stages of design of each volume. Complete registration of each volume of the case for storage occurs in the following order:

1) numbering of case sheets;

2) drawing up an internal inventory of the case;

3) drawing up a document certifying the case;

4) filing or binding of case documents;

5) design of the cover (title page).

Stage one: numbering the volume sheets

If the documents were previously numbered by someone in the same upper right corner and the new numbering does not coincide with the old one, then cross out the old number and write a new one next to it. Numbers placed in other parts of the sheet do not need to be corrected. If the volume includes a brochure with its own page numbering, then each sheet, including the cover, receives its own number in the general order.

Each numbered volume can have a sticker with the following information:

• total number of sheets;
• missing numbers;
• letter numbers.

This information will be useful to us a little later when drawing up a document certifying the case.

If there are several missing and lettered numbers in the volume, then they must be taken into account when calculating the number of sheets. For example, if there are 100 sheets of numbers in a volume, but there are three missing numbers and two letter numbers, then the total number of sheets in the volume will be 99 (100 – 3 +2).

The 2015 rules say nothing about the number of corrections in volume numbering. Obviously, if there are too many errors, then it is better to renumber the sheets. However, what meaning this “too much” begins with is unknown. In this case, we recommend that you familiarize yourself with clause 75 of the Rules of Notarial Office Work (approved by the decision of the FNP Board of December 17, 2012, by order of the Ministry of Justice of Russia dated April 16, 2014 No. 78):

Extraction

from the Rules of notarial office work

75. […] If more than 5 errors are made when numbering the sheets in a case (volume), the sheets of the case (volume) are numbered again.

[…]

This rule is not necessary for general office work, but at least it gives an idea of ​​the number of errors when it is better to renumber the volume.

Stage two: compiling an internal inventory of the volume

It is not always necessary to create an internal inventory of the volume's documents. Let's quote the 2015 Rules:

Extraction

from the Rules for organizing storage, acquisition, recording and use of documents of the Archival Fund of the Russian Federation

and other documents in government bodies, local governments and organizations

4.30. To record documents of certain categories of cases on paper (personal, court files, materials of criminal cases, cases on awarding academic degrees and conferring academic titles, cases related to the issuance of copyright certificates and patent inventions), an internal inventory of case documents is compiled.

[…]

The internal inventory is a kind of table of contents for the volume.

The secretary, if necessary, can create an internal inventory for other categories of cases. Here is what they say about this: Basic rules for the work of archives of organizations (approved by the decision of the Board of Rosarkhiv dated 02/06/2002):

Extraction

from the Basic Rules for the Operation of Organizational Archives

3.6.17. An internal inventory of case documents is compiled to record documents of permanent and temporary (over 10 years) storage, the recording of which is caused by the specifics of this documentation (especially valuable, personal, judicial, investigative cases, etc.), as well as to record cases of permanent and temporary ( over 10 years) storage, formed according to types of documents, the headings of which do not reveal the specific content of the document.

[…]

Thus, it is possible to compile an internal inventory both with orders for the main activity (especially if, due to incorrect systematization, the numbering in it was violated), and also with correspondence, if this makes it easier to use the volumes.

The internal inventory form is given in the 2015 Rules (Appendix No. 27). The inventory has its own numbering of sheets, which can be entered automatically at the stage of creating a document in MS Word (Example 1).

Stage three: we draw up a document certifying the case

A certification sheet is drawn up for each volume of the case. The form of the sheet is also contained in the 2015 Rules (Appendix No. 8). It’s easy to fill out: we already know how many sheets there are in each volume, as well as how many missing and lettered numbers there are among them. As for the “features of physical condition”, we are talking about:

• about torn sheets;
• glued sheets;
• brochures, bound and sealed documents included in the volume;
• sheets of a larger format than most in the volume, and other non-standard documents for this volume (Example 2).

Stage four: stitching the volume

• Choosing a cover. Documents with a permanent shelf life are placed in cardboard covers specially designed for permanent storage documents (Fig. 1). It’s easier to find them on the websites of online stores, rather than in retail stores - the product is not the most popular, so people often forget to put it on the counter.

The cardboard binder is complemented by a flexible wide spine with an adhesive layer. The top and bottom covers have a crease with a 25 mm indentation from the left edge, which allows you to leaf through the case like a book and copy sheets without difficulty.

A volume decorated with such a cover looks like an ordinary book, only in a large format. Volumes designed in this way can be placed vertically on a shelf without fear that they will bend, crushing the contents.

• Making the cover. If management considers it too expensive, the secretary will have to pick up scissors, cardboard and create the covers himself. However, you can make decent covers only if you can find high-quality cardboard, cut into sheets equal to or slightly larger than A4. Nothing good will come from the usual “For children's creativity”.

To make your own cover, you will need cardboard, a sheet of vinyl vinyl (a durable, waterproof paper-based binding material) and double-sided tape.

The principle of stitching together purchased and homemade covers is the same:

1. Place the bottom cover, documents and top cover together, drill and sew the binding.

2. Wrap the soft material (if you make it yourself, a strip of vinyl vinyl) down behind the bottom cover and stick the tape tightly at the bottom (Fig. 2).

As a result, the homemade cover will look almost the same as in Fig. 3.

• We use a hole punch. Since documents are stitched in 4 punctures, it is better to use special hole punchers for 4 punctures, which punch a stack of documents from 150 to 300 sheets at a time (Fig. 4, 5).

You can also use a regular hole punch for 10 sheets with two holes, however, you will have to punch these ten sheets twice. The distance between the four holes should be 8 cm (in accordance with the recommendations of GOST 1791472 “Covers for long-term storage cases. Technical conditions”), so the value on the meter should be set to “888”.

Before punching holes in the volume, you need to arrange the case documents in the following order:

1) internal inventory (if it was created);

2) case documents;

3) certification sheet.

• We select a needle and thread. The sewing needle is too small, it is better to use a bag needle (the so-called “gypsy”) - long (about 12 cm) and with a wide eye. You will need a strong thread, but you can fold it several times using regular thread. You can also sew with bank twine, but it is not easy to thread it even into a “gypsy” needle.

The length of the thread for a standard tom is approximately 1 meter. It is best to determine the optimal length for yourself experimentally - already on the third volume you sew it will become clear how much it will be needed. There is no need to tie a knot at the end of the thread, as with normal sewing - the ends will still be cut to the optimal length. If the volume was pierced (punched, drilled) carefully, there will be no problems with threading, since the diameter of the needle is much smaller than the diameter of the hole from the drill or hole punch.

The direction of the needle and thread when sewing a volume is shown in Figure 6.

After both ends of the thread are pulled out from the back of the volume, they are tied (not tightly, so that the volume can not only be opened, but also, if necessary, make a copy of any document, but also not loosely, so that the sheets of the file do not “walk”) and are circumcised.

Please note: in general and personnel records management, it is not necessary to remove the ends of the threads from the inside of the cover and fasten them with a certification sticker. The ends are trimmed and, if possible, hidden under the cover. If there is no cover, they are simply displayed from the inside without any further manipulation.

Stage five: designing the title page (cover) of the volume

The form of the title page of the case is given in the Rules 2015 (Appendix No. 28). Filling it out usually does not cause any difficulties. Just remember that the top line of the cover “Name of the state (municipal) archive” remains blank. If the case ever ends up in the state archives, its employees will fill out this line themselves.

In the lower left corner of the title page the archival code of the case is affixed: fund number, inventory number and the number of this storage unit according to the inventory (Example 3).

We glue the title page onto the cover of the volume. It is best to use PVA glue, but then the case must be immediately placed under a press for several hours, otherwise the title page will stick unevenly and wrinkle in places. The least suitable materials for this are glue sticks (the cover will come off after a couple of hours) and office glue (too liquid and will ruin the title page so that no press can save it). Printing covers on sheets with an adhesive layer is expensive and ineffective: the “adhesive layer” on them is conditional, and the cover can be removed with one movement of the hand.

So, the algorithm for processing documents for permanent storage is as follows:

We determine the storage periods for HR department documentation

HR documentation is distinguished by one nuance: many files are subject to storage for 50/75 years. Such a long storage period is provided for documents related to personal information about company employees.

Find out in ConsultantPlus which personnel documents inspectors will definitely check during an inspection. If you do not have access to the system, get a trial demo access and proceed to the HR Guide. It's free.

Maria also filled out the personnel nomenclature with retention periods, which are presented in the table (abbreviated):

Maria studied individual documents from the nomenclature in particular detail. She was interested in questions related to what regulatory requirements they should meet and how they should be filled out correctly.

Maria found answers to her questions on our website.

For example:

• You can learn about the type and content of the staffing table from the material “Unified Form No. T-3 - Staffing Schedule (form)” ;
• the timing of approval of the vacation schedule and punishment for its absence is discussed in the article “Unified Form No. T-7 - Vacation Schedule” .

Papers of the “salary” department and their storage periods

The retention period for documentation related to the calculation and payment of wages in most cases does not exceed a 5-year period, with the exception of certain documents that cannot be destroyed for 50/75 years (for example, employee personal accounts). And local acts, on the basis of which settlements with personnel are carried out, are subject to permanent storage.

The nomenclature and storage periods for this type of document are presented in the table (abbreviated):

The names of the cases of this division of the company were familiar to Maria - during her internship, she assisted the payroll accountant and carried out individual calculations herself. But this is the first time I’ve heard about the storage periods for these statements, certificates and registers.

You can find out more about the form and procedure for filling out documentation related to salary calculations on our website. For example:

• A sample of filling out a pay slip for a company employee is available for viewing in the material “Unified Form No. T-51 - Pay Slip” ;
• You can find out more details about preparing a payroll slip from the material .

WHAT TO PURCHASE IN THE ARCHIVE

The range of special stationery for the archive presented in stores is small, but you can choose something.

• Machines for archival binding. The volume of the case is fixed in them and drilled. The machine can be manual (to drill you need to turn a special handle, Fig. 7) or electric (the drill is started by pressing a button, Fig. 8). Experts have different opinions about these machines: some consider them convenient, others – exactly the opposite. But a hole punched with a hole punch definitely looks smoother and neater than one drilled by a machine.

• Storage box. Finished volumes can simply be placed on a shelf, or they can be additionally packaged in boxes. There are many types of boxes. Let us note, for example, a box with drawstrings in which several bound volumes of cases are placed (Fig. 9).

Large boxes with a hinged lid can also be found on sale (Fig. 10). Such a box can fit 10 or more volumes.

From boxes with a hinged lid, it is convenient to get the desired volume or bundle without removing the box from the shelf. Some boxes even have special mounting brackets, which allows you to connect the boxes to form a rack (Fig. 11).

Periods during which tax documents cannot be disposed of

Studying the headings of the nomenclature files for the tax accounting and declaration department, Maria made the following conclusion for herself: this type of documentation refers to short-term storage papers. Almost all files of this department, including tax reporting and declarations, were subject to storage for 5 years:

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Maria was familiar with tax documentation only theoretically. Therefore, to expand her knowledge, she used the materials on our website, from where she learned not only about all types of invoices (regular, corrected and adjustment), but also became acquainted with the rules for preparing tax returns and other similar documents.

You can learn more about filling out an amended invoice from the material “In what cases is an amended invoice used?” .

A practical example of filling out an adjustment invoice is contained in the article “Sample of filling out an adjustment invoice (2020 - 2021)” .

“What is the procedure for filling out a VAT return (example, instructions, rules)” will help you fill out the VAT return correctly .

Nuances of storage periods for some tax documents

From the knowledge she acquired at the academy, Maria remembered that the loss received by the company can be carried forward to future periods, reducing the volume of the tax base by its amount (or part of it). But in this case, how to store documentation related to confirmation of the amount of loss and the procedure for transferring to subsequent periods? Is it possible to get rid of the calculations and declarations justifying the loss 5 years after its receipt, as provided for in the list for primary documents?

IMPORTANT! In accordance with paragraph 4 of Art. 283 of the Tax Code of the Russian Federation, the company must have documents confirming the amount of the loss incurred.

What are these documents and what is their shelf life? Maria leafed through the entire Tax Code, but did not find this information. Then she turned to judicial practice, from which she found out that the amount of loss received can be confirmed with an income tax return and a primary report (Resolution of the Federal Antimonopoly Service of the Moscow Region dated August 31, 2010 No. KA-A40/9849-10-2). Officials of the Ministry of Finance include all primary accounting documentation that substantiates the financial results of the company as such confirmations (letter dated April 23, 2009 No. 03-03-06/1/276).

Thus, the primary accounting document must be kept during the entire period of loss transfer plus 4 years after its complete write-off. Fortunately, Virage LLC was a prosperous and profitable company, and this nuance associated with calculating the storage periods for tax and accounting documentation did not concern it.

For more information about the nuances of loss transfer, see the materials in this section of our website.

What is the expiration date for a criminal case?

— Financial law — Shelf life of a criminal case

A separate, completely isolated room must be allocated in the court premises, without adjoining the smoke exhaust structures, the placement of printing installations and the sanitary and communication departments of the building.

We invite you to read: During what period can a guarantor collect a paid loan?

There should be bars installed on the windows, and metal doors should be installed on the emergency and main entrances. The archive room should have only electric lighting, but in the same room there should be a room with natural light to organize the investigator’s work with materials.

The most important part of organizing an archive is the installation of fire alarms and operational fire extinguishing equipment.

In the case of a continuing criminal act consisting of several repeated acts with the same purpose, the period of limitation starts from the moment the last of such acts was committed. For a long-term crime, the term is calculated from the date of completion or suppression of the illegal actions of the perpetrator. The limitation period does not include the time period during which the offender is hiding from law enforcement officers.

The term is restored only after his actual detention or independent surrender. The use of statutes of limitations at different stages of judicial proceedings There are situations in which the period of limitations ends at a specific stage of criminal proceedings, then the law provides for such actions.

It is enough to present the archive worker with your ID confirming your authority. Peculiarities of storing criminal cases The organization of archival premises plays a huge role in storing criminal cases. Important materials from criminal cases will be transferred to the archive only if it meets the standards established at the legislative level.

A separate, completely isolated room must be allocated in the court premises, without adjoining the smoke exhaust structures, the placement of printing installations and the sanitary and communication departments of the building. There should be bars installed on the windows, and metal doors should be installed on the emergency and main entrances.

The archive room should have only electric lighting, but in the same room there should be a room with natural light to organize the investigator’s work with materials.

The lack of information about the organization of their work, as well as how the retention period of criminal cases and civil proceedings is determined, only leads to unreasonable waste of time. To solve production problems, from time to time there is a need to create conditions for storing materials of civil and criminal cases. Places are needed so that officials can study cases and make decisions on them.

1. Regulatory regulation
2. Shelf life
3. Requirements for archival premises
4. Request for archival materials

Regulatory regulation The work on storing criminal cases is organized in accordance with the requirements of order number one hundred thirty-seven of the Judicial Department of the Armed Forces of the Russian Federation, which began its operation in 1999.

The exception is cases when, during the deferment, the punishment is reduced or canceled at the request of law enforcement agencies. There is an unconditional opportunity to reduce or completely eliminate the penalty period, regardless of the will of the convicted person. How and to whom to send a petition To obtain reliable information on the case of interest, the following steps should be taken.

1. Work through the required article and subsection of the Criminal Code.
2. Study the most severe punishment under this article or section.
3. According to this punishment, the severity of the particular case is determined.
4. Set the terms of the inquiry according to the established gravity, in accordance with the rules of Article 78, Part 1.

If it is difficult to independently determine the required period, a lawyer can do this during a consultation.

An important condition is that when a subsequent crime is committed, the terms are not extinguished, but are considered individually in each specific case. Sometimes a criminal deliberately avoids attending court hearings and ignores official appeals and notifications. In this case, the calculation of the statute of limitations is suspended until the citizen appears in court or is arrested due to the gravity of the crime.

The criminal statute of limitations has its own characteristics and differs in essence from the rules established in civil proceedings. According to the Civil Code of the Russian Federation, the period is calculated for the time when the plaintiff can apply for protection of his rights. In criminal proceedings, it does not matter whether the interested person filed an appropriate application.

The calculation of the statute of limitations for a crime begins after the case is opened by the authorized bodies. This significant difference is related to the severity of the criminal offenses.

In Art. 78 of the Criminal Code establishes that one of the grounds for exemption from liability is the expiration of the statute of limitations in the case. The specific periods depend on the category of the act committed. Let's take a closer look at the statute of limitations in criminal law.

The statute of limitations in this case will be long. A person’s act can also be qualified according to its general composition without aggravating circumstances. In this case, the duration of the period will be different. The law establishes:

1. The statute of limitations for criminal cases involving crimes of minor gravity is 2 years. After this period, the perpetrator is released from liability.

After the end of the possible punishment, the interested person has the right to petition for the closure of criminal proceedings. After the expiration of the limitation period, the case is transferred to the archive and stored in the manner prescribed by the procedural code. When the period provided for this category of acts ends, the subject is released from the need to serve the sentence.

Within 3 years, a citizen may have problems with obtaining loans, applying for responsible positions and other restrictions.

In this case, it is worth remembering that such circumstances include only intentional actions of a person carried out in order to avoid imposition of punishment for a criminal act committed by him, for example, changing initials, place of permanent residence, etc.

In addition to the opening of such a concept as the statute of limitations in criminal cases, the law also provides for the moment of its closing - the final day of a certain period established by the current legislation on the territory of the Russian Federation or the date from which the decision of the judicial authorities on this matter legally comes into force business.

Storage periods for accounting documentation

Starting to understand the storage periods for accounting documents, Maria began the most voluminous section of the nomenclature. Even the larger cases, united under the same headings, struck her with their diversity. Only accounting documentation had such a variety of forms and types. Starting from invoices and acts of work performed to inventory lists and reporting. Reporting was subject to permanent storage, in contrast to invoices, acts and other primary documents, the storage period of which did not exceed (according to the list) 5 years:

You can find a detailed list of unified documents in the material “Unified forms of primary documents (list)” .

Details about each of these documents are described in separate articles posted on our website.

For example, about the nuances of preparing a consignment note from the material “Unified form TORG-12 - form and sample” .

Nomenclature of files of the labor protection department and periods of their storage

After the storage periods for accounting and tax documents were reflected in the company’s nomenclature, Maria proceeded to a section that was completely unknown to her—the affairs of the labor protection department. All the case headings indicated in the nomenclature were present in the standard list approved by Order No. 326, so it was easy to set their storage periods:

As can be seen from the nomenclature, the labor protection department prepared a variety of journals, which had to be stored from 3 (for example, a fire safety briefing journal) to 45 years (SOUT documents).

Regulatory regulation

In 1999, the Judicial Department of the RF Armed Forces issued an order, which approved the conditions for ensuring safety, the procedure for delivery, the organization of selection, as well as the period for storing criminal cases in the court archive. The Investigative Committee, the Prosecutor's Office and the structures of the Ministry of Internal Affairs have created special instructions on office work, strict reporting and storage of documents, including those at the stage of operational development or investigation. The following approved rules exist for officials:

1. During the period of personal absence from the workplace, the employee must keep all documents that contain the investigative process in a personal safe under lock and key. It is prohibited to give the key to the safe to someone else.
2. The investigative body may release materials to outside organizations only with permission from the prosecutor's office.
3. When transferring any materials to a court or other authority, a card is created, a detailed inventory of the transferred materials is drawn up, and a report is drawn up.
4. Suspended cases must be submitted to the archives.

If a case has been lost and the statute of limitations has not yet expired, an internal audit will be initiated, because the loss of case materials is equal to a leak of confidential information. The person responsible for the incident will be held criminally liable.

The transfer of criminal cases in the archive for specific periods of storage is carried out after verification of the entire proceeding, execution of a court decision or entry into force of a sentence. Materials are sent to the court archive taking into account the following points:

• when taking a subject of an offense into custody, confirmation from the territorial police department about the fact of detention is required, as well as a message from the correctional institution about the arrival of a specific subject to serve the term assigned by the court;
• when a suspended sentence is imposed, the subject of the offense must be registered with the police, information about this is entered into the relevant papers;
• when imposing a fine, after receiving the writ of execution, put a note on the implementation of the court decision and payment of the fine;
• if forced labor is assigned, a registration mark is required;
• when the occupation of certain positions is prohibited or movement is restricted, registration is carried out until the end of the period specified in the sentence, after which a mark is made and the materials are sent to the archive;
• If the court has chosen an educational measure for a minor, the consequences of his behavior are explained to him and he is registered; a note is made in the file about the end of the observation period.

Grounds for combining criminal cases into one proceeding

It is important to note that in case of an acquittal due to lack of evidence, the criminal proceedings are not archived; they are sent to the prosecutor for further action to identify others involved in the offense. In the event of an acquittal, the criminal proceedings are sent to the archives immediately after the verdict enters into force.

Instructions on the storage period for information are available in the courts; the storage period depends on the size of the punishment and the result. After the expiration of the storage period, the case, if it does not represent historical value, is subject to destruction, but the verdict in the case itself is stored permanently. The verdict is kept in the archives of the court that previously passed it, since it is in this archive that interested parties can apply for a copy of it.

The storage period for criminal cases differs significantly, since offenses for which life imprisonment or materials on especially serious crimes are assigned are permanently stored in the archives of the court of first instance. The archival warehouse contains materials on serious crimes for no more than 15 years, materials on cases of moderate gravity - 10 years, and the history of minor crimes is stored for 5 years.

The procedure for requesting documents from the archive

People who participated or are interested in a specific criminal trial can familiarize themselves with the already archived case materials upon a previously submitted application. To obtain permission to remove papers from the archive, the judicial chairman must present an identification document and briefly describe the purpose of raising the documentation. The procedure for providing information from the archive is presented in the following conditions:

• when issuing a copy of the case materials, the person receiving them must draw up a receipt of receipt, which is subsequently attached to the criminal case. If a copy of the document is sent by the post office, then a copy of the letter that accompanies the shipment is attached to the criminal proceedings;
• if copies of criminal proceedings materials are located on several sheets, then each of them must be numbered and stitched. The binding thread is brought out onto the back side of the last sheet, sealed with the paper on which the stamp is placed;
• original documents that are attached to a criminal case can be extracted only by decision of the chairman of the court, but at the same time, a copy of the same document must remain in the case file. The same applies to the extraction of physical evidence;
• the issuance of repeated copies of the necessary documents stored in the archives is carried out only after payment of the state fee.

As for the issuance of case materials from the archive to employees of the investigative body or prosecutor's office for review, they do not need to draw up a statement and adhere to the above rules. It is enough to present the archive worker with your ID confirming your authority.

Planning and statistical documentation: how long to store it

The next section of the nomenclature was small in volume. It consisted mainly of plans and statistical reporting. All forecast and planning papers as a whole according to the list were ordered to be kept permanently. Only individual employee plans and reporting did not require such a long retention period - the period of time during which they cannot be disposed of is only 1 year.

Where can I find out the storage periods for documents not included in the standard list?

The section of the nomenclature for cases formed or used in the production and technical department (PTO) included headings of cases that were not at all familiar to Maria. And in the standard list approved by Order No. 236, she did not find documents with similar names. Since the shelf life in column 4 of the nomenclature must be entered in any case, Maria turned to her immediate supervisor for help, who entrusted her with this task.

From him, Maria learned that the storage periods for company documents are determined on the basis of a standard list approved by Order No. 236, as well as departmental lists. For example, periods of storage of VET documents must be determined according to the List of standard archival documents generated in the scientific, technical and production activities of organizations, indicating storage periods (as amended by Order of the Ministry of Culture dated April 28, 2011 No. 412).

According to the specified list, Maria indicated in the nomenclature the corresponding storage periods for VET documentation:

Having studied the above list, Maria asked another question to her supervisor: how to determine the periods during which VET documents are subject to storage if they are not indicated in this list? You will find out the answer to this question in the next section.

Where are criminal cases stored - Lawyers

Together with a friend I am suspected under Art. 161, part 2, Criminal Code of the Russian Federation (“qualified robbery”), the investigation lasts more than a year, I go under a subscription, and the second suspect is on the federal wanted list. The victim agrees to a settlement. Can the case be dismissed on this basis? Will the investigation last until my friend is caught?

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1. Reconciliation in your case can only affect the mitigation of punishment, but not the release from criminal liability.

Being an investigator, I will answer unequivocally (and there are no other options). The criminal case (in its entirety, without any “destruction of documents refuted by the Court”) is stored in the court of first instance.

The case materials may be located in another place for some period (for example, requested by a higher court), but in the end they are still returned to the court.

Some copies of the documents of the criminal case may indeed be stored in the corresponding operational record file of the body that carried out the operational investigation in this case, but this does not matter.

1 answer. Moscow Viewed 63 times. Asked 2013-05-22 11:16:09 0400 in the topic “Criminal Law” Why are criminal cases stored? For example, closed cases, why are they stored? — Why are criminal cases stored? For example, closed cases, why are they stored. Further

1 answer. Moscow Viewed 99 times. Asked 2012-09-09 10:47:31 0400 in the topic “Other questions” What to do in such a situation? Help! (c) - What to do in such a situation? Help! (V).

During the presentation of the procedure for issuing biometric passports, journalists were shown that taking biometric data (fingerprints) to produce a biometric passport will take a maximum of 15-20 minutes.

The issuance of biometric passports in Ukraine will begin on January 12, and the passport form (new sample) for a citizen of Ukraine for traveling abroad will be in the form of a booklet and consist of 32 pages with an additional degree of protection.

They don’t hire people like that to be cosmonauts (archivists). But seriously, our law has been created so that any innocent person can be imprisoned, although it seems like it (the Law) is humane and you can appeal the verdict at any time (even after 20 years), well We won’t let you get acquainted with the case, remember, they say, everything yourself.

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Results

Retention periods are established by standard or departmental lists in order to ensure the safety of important documents.

The storage period for documents is set in the range from 1 year to 75 years, depending on the significance. Certain types of documentation must be stored on a permanent basis.

If temporary storage documents with different periods are grouped in one case (1 year, 3 years, 5 years, etc. - which means different degrees of their significance), then the storage period of the case according to the nomenclature is established according to the most valuable documentation, that is, longer .

It is prohibited to reduce the storage periods established by the list and to arbitrarily establish them for documents for which there is no information about storage periods in the standard and departmental lists. To determine the storage period for such documentation, you must contact Rosarkhiv specialists.

Sources:

• Tax Code of the Russian Federation
• Order of Rosarkhiv dated December 20, 2019 No. 236

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

WE PREPARE DOCUMENTS FOR REGISTRATION

• We remove unnecessary things. Most likely, until now the documents were kept in filing folders. It is too early to remove documents from them. To begin, let's look through each folder and remove from it drafts, doublet (repeated) copies of documents, sheets of notes, and from the documents themselves - paper clips and staplers.
• We divide things into volumes. At this stage, we determine how many volumes of the case will end up and how best to divide the documents into volumes: by month, by number of sheets, by counterparties, by last names, etc. In accordance with clause 4.20 of the Rules for organizing the storage, acquisition, recording and use of documents of the Archival Fund of the Russian Federation and other documents in government bodies, local governments and organizations (approved by order of the Ministry of Culture of Russia dated March 31, 2015 No. 526; hereinafter referred to as the 2015 Rules) Each case should contain no more than 250 sheets.

It is not at all necessary to come up with some kind of system for dividing documents into volumes; it is enough to follow this rule. The uniform distribution of sheets, firstly, allows you to create volumes that are approximately equal in thickness, and secondly, it makes it easier to find documents in your file. Thus, if the file contains approximately 300 sheets, then it is better to make two volumes of 150 sheets each, rather than 250 and 50.

Then we carefully remove the documents from the folders, distribute them into volumes and begin processing them for storage.