Home Vegetable garden on the windowsill Is a call from the court proper notice? Notification by telephone message. General design requirements

Is a call from the court proper notice? Notification by telephone message. General design requirements

The following information is usually transmitted using telephone messages:

  • invitations to conferences, meetings, sessions,
  • information about the postponement or cancellation of previously scheduled events,
  • requests to send representatives to field work,
  • short reports,
  • requests for information that do not require attachments, etc.

The main purpose of a telephone message is to document the fact of transmission of operational information. This is evidenced, for example, in clause 4.5.4 of the Standard Instructions for Office Management and Archive Operations in customs authorities, approved by order of the Federal Customs Service of the Russian Federation dated October 18, 2004 No. 160: “Telephonograms are used to promptly resolve issues in cases where messages transmitted by telephone require documentation.”

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Ekaterina Kameneva, chief specialist of the Documentation Support Department of the State Corporation "Rosatom"

You should not use a telephone message when there may be controversial situations, which are related to the content and the very fact of transfer of the document and which can reach judicial trial(the exception is cases when the use of a telephone message is stipulated by regulatory legal acts, for example, in paragraph 3 of Art. 121 Arbitration Procedure Code of the Russian Federation). After all, when transmitting a telephone message, the author of the document does not have documentary evidence of its receipt by the addressee, and the addressee does not receive the original document with the author’s signature (the fulfillment of these two conditions can be ensured by another type of document - a letter).

The telephone message should rather be considered as an additional argument in a legal dispute, and not as the only and sufficient one. It is best used to solve problems that do not extend beyond the boundaries of the home organization/department.

Registration requirements

In office work practice, a method has developed for preparing telephone messages, which varies somewhat in different departments and organizations. There are no strict requirements. At the federal level there are only recommendations. Therefore, if your organization / group of companies / department actively uses telephone messages, then regulation of such work in internal documents becomes necessary.

As an example, we can cite the methodological recommendations of VNIIDAD.

Document fragment

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Organizational and administrative documentation. Documentation requirements: Guidelines on the implementation of GOST R 6.30-2003. / Rosarkhiv; VNIIDAD; Comp.: M.L. Gavlin, A.S. Krasavin, L.V. Kuznetsov and others; General ed. M.V. Larin, A.N. Sokova. - M., 2003

The text of the telephone message is transmitted orally through channels telephone communication and is recorded (printed) by the recipient.

The legal force of the received telephone message is determined by the following details:

It is recommended to use telephone messages to quickly resolve issues in cases where messages transmitted by telephone require documentation. Simple texts are sent via telephone messages (invitations to meetings, meetings, etc.).

The telephone message sent is drawn up in one copy and signed by the manager or other official.

If a telephone message is sent to several recipients, then a list of them with telephone numbers must be attached to it.

You should not use hard-to-pronounce words or complex phrases in the text.

The date of the telephone message is the date of its transmission.

A telephone message arriving at an organization is recorded by the recipient on a standard form or on clean slate in compliance with standard design rules.

Over the past year or two, a number of documents have been adopted approving forms and logs for recording telephone messages (usually as part of departmental instructions for office work). For example, see order of Rospotrebnadzor dated August 27, 2012 No. 871, order of Rosstat dated March 5, 2012 No. 55 (as amended on May 24, 2012), order of Rostechnadzor dated June 30, 2011 No. 340, order of the Federal Customs Service of the Russian Federation dated October 18, 2004 No. 160 and etc.

Document fragment

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Order of Rostechnadzor dated June 30, 2011 No. 340 “On approval and implementation of the Instructions for office work in the central office of the Federal Service for Environmental, Technological and Nuclear Supervision”

3.5.3. TELEPHONOGRAM

3.5.3.1. The transmission of information using telephone messages is carried out by an employee of the office work service orally through telephone channels and is recorded (printed) by the recipient.

Telephone messages are used for prompt transmission of official information messages (notices, invitations, emergency messages, etc.).

3.5.3.2. The text of the telephone message (no more than 50 words) is drawn up by the sender as a paper document in one copy and signed by the head of the unit or the responsible executive, transmitted by telephone and recorded by the recipient. In a telephone message, difficult to pronounce words and complex phrases should be avoided.

3.5.3.3. Sent telephone messages are executed on a blank sheet of paper indicating the following details: outgoing registration number of the telephone message being sent, position, surname, signature of the person on whose behalf the telephone message is sent.

3.5.3.4. Sent telephone messages are recorded in the following form: position, surname of the official who transmitted the telephone message, and his telephone number; position, surname of the person who received the telephone message, and his telephone number; date, phone number; transmission time; telephone message text; signature of the person who received the telephone message and the incoming registration number of the received telephone message.

3.5.3.5. If a telephone message is sent to several recipients, it must be accompanied by a distribution indicator indicating the telephone numbers at which it should be received.

3.5.3.6. Received telephone messages are recorded (printed) by the recipients on a special form (Appendix No. 47) or recorded in a journal with the following details: position, surname of the employee who received the telephone message, his telephone number; position, surname of the employee who transmitted the telephone message, his telephone number; date, phone number; time of receipt; text of the telephone message, position and surname of the person on whose behalf it was received. Received telephone messages are promptly transmitted to the managers to whom they are addressed.

3.5.3.7. The received telephone message can be first recorded by hand or using audio recording equipment, or transcribed, and then transcribed and printed.

3.5.3.8. Received telephone messages are registered according to the same rules as letters, and then immediately submitted for consideration in accordance with the established procedure.

3.5.3.9. The legal force of the received telephone message is determined by the following details:

outgoing registration number telephone messages;

position, surname, name, patronymic and signature of the person who received the telephone message in the registration log;

the incoming registration number of the received telephone message.

Appendix No. 47
to clause 3.5.3.6

FORM OF A STANDARD TELEPHONOGRAM FORM

For example:

Document fragment

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Appendix No. 11 to the order of Rospotrebnadzor dated August 27, 2012 No. 871 “On standard requirements for the equipment and installation of sanitary quarantine points and institutions that ensure the activities of sanitary quarantine control at checkpoints through State border Russian Federation»

(Left-hand side magazine spread)

(Right side magazine spread)

We accept telephone messages

So, what to do if you pick up the phone and hear “Please accept telephone message”?

First of all, you should write down the message that the interlocutor on the other end of the line dictates to you. It doesn’t matter whether you write it by hand on a draft or type it directly on the computer, you just need to record the information verbatim. The main questions that the secretary must answer for himself are to whom, from whom and what exactly was transferred.

Then you need to find out from the caller:

  • outgoing telephone number,
  • information about the person on whose behalf the telephone message is being transmitted (position and full name),
  • who sent the message (position and full name).

Finally, to report:

  • about yourself (the person who received the telephone message) the same data (position and full name), as well as
  • incoming number telephone messages (if your organization takes into account/registers this type of document).

After this, be sure to re-read the recorded message to the transmitting party. This will help avoid inaccuracies and annoying mistakes. Now you need to turn the received information into a document.

If your organization does not regulate work with telephone messages, then you will have to decide for yourself how to register it. What is important to know in this situation?

Firstly, legal force of received telephone messages s is determined by the following details:

  • outgoing registration number of the telephone message being sent;
  • position, surname, name, patronymic and signature of the person who sent the telephone message;
  • position, surname, name, patronymic and signature of the person who received the telephone message;
  • the incoming registration number of the received telephone message.

We must transfer all this from the draft to our document. We also recommend that you indicate the date and time you received the information.

Secondly, pay attention to the composition of the signatures. A telephone message is an original document that is drawn up by both its author and the recipient of the message (i.e., the author does not send the original document in paper form to the addressee and the document with a signature confirming its receipt is not returned). Therefore, on the telephone message compiled by the sender, it is possible to put only personal flourishes:

  • the person on whose behalf the message is transmitted (the author), and
  • the person who technically transmitted it (for example, a secretary).

And on the telephone message compiled by the recipient, there will be a personal flourish only of the specialist who received the message by telephone. The remaining signatures also need to be completed, but they will remain without personal touches. For clarity, we will give examples of the design of the same telephone message in the author organization and the recipient organization (see Examples 1 and 2, as well as Appendix No. 47 to Rostechnadzor Order No. 340 dated June 30, 2011).

Thirdly, the author of the document, before sending a telephone message (and not just calling and asking to convey something to someone), must draw it up and register it. Keeping a handwritten journal for recording telephone messages can become an additional argument in court, confirming the fact of the transfer of information (because it is believed that it is more difficult to make changes to a handwritten journal after the fact).

And here incoming telephone messages can be immediately recorded in the journal without registering them as independent documents. It is simply important to reflect in the log all the required details of the telephone message. See Example 3 and Appendix No. 11 to the order of Rospotrebnadzor dated August 27, 2012 No. 871.

Example 2

Telephone message issued by the recipient of the message

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Example 3

Log of incoming telephone messages

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Usually the date of the telephone message corresponds to the date of its receipt, but it happens that it is issued, but it is not possible to immediately reach the addressee.

Let's move on to the received telephone message

Regulatory documents do not contain requirements for the registration of telephone messages. This means you need to refer to the rules approved in your organization. If there is nothing there about this, then this is a reason for you to think and regulate this moment(or initiate the adoption and execution of such a decision).

And we will tell you how this can be.

For example, the Standard Instructions for Office Management and Archive Operations in Customs Authorities prescribes that an incoming telephone message should be prepared in 2 copies, one of which will be handed over to the addressee, and the second will be filed in the file of incoming telephone messages. The first copy, having received the resolution, will go to the executor and go through the full circle of a regular incoming letter, then returning to the office. It will be filed in the case on a question-by-question basis.

The second option for working with received telephone messages involves registering them among other official letters. The telephone message is assigned the next incoming number, but with a letter index, emphasizing the fact that this is a telephone message, after which its only copy is sent to the addressee. The completed telephone message is also returned to the preschool educational institution department and filed in the file.

Both methods of working with received telephone messages have the right to exist, and you can choose any of them for yourself.

A “fantasy” on the theme of a telephone message, invented by Russian clerks, looks like this: the performer, who has received the task of sending a telephone message, creates it according to all the rules (see Example 1), signs it with the manager and, not quite understanding its peculiarity, sends it out e-mail or by fax! Should such a work be considered a telephone message or fax message? Or is this a regular letter? It's hard to say. What makes it difficult to answer the first question in the affirmative is that the message was not spoken over the phone and the recipient did not write it down and then formalize it. What makes it difficult to answer the second question in the affirmative is the type of document “TELEPHONOGRAM” indicated on it.

We recommend working with such a “work” as with an incoming telephone message, simply “ironically” received by fax or e-mail. Perhaps the sender simply wanted to save you from the need to “type” this document on the computer, and himself from your possible errors and distortions. You can put your signature on receipt, date and time of receipt, and incoming number directly on this sent telephone message.

Although regulations do not directly say that incoming telephone messages require immediate execution, it is logical to classify this type of document as one that requires prompt consideration. After all, firstly, it was not in vain that the sender resorted to an operational channel for transmitting information, and secondly, most telephone messages contain a specific deadline: the date of the meeting, provision of information, etc. Therefore, the telephone message just received should be shown to the addressee as quickly as possible. We recommend that you reflect this issue in your local regulations governing office work.

The recipient of the telephone message determines the deadline for completing the task on it himself, and only he can decide whether to follow the date specified in the document.

Storing telephone messages

Basic lists regulating the storage of documents (List of standard archival documents, generated in the process of activity government agencies, organs local government and organizations, indicating storage periods, approved by order of the Ministry of Culture of the Russian Federation dated August 25, 2010 No. 558 (hereinafter referred to as PTUD) and the List of standard archival documents generated in the scientific, technical and production activities of organizations, indicating storage periods, approved by order of the Ministry of Culture and Mass Media Communications of the Russian Federation dated July 31, 2007 No. 1182) do not contain such a position as “telephonogram”. It follows from this that it is advisable to file completed telephone messages in files, focusing on the topic of the message, and not on the type of document. However, an organization can always add a separate file “Telephonograms” to its list of files, and their storage period can be determined at a meeting of the expert commission.

As for the logs of registration of incoming telephone messages, the PTUD recommends storing them for 3 years (Article 258).

Where to regulate?

It happens that two organizations communicating closely with each other on the phone(for example, at the level of dispatch services) are faced with the need to document the fact of information transfer. In such cases, the procedure for such work should be reflected in a jointly signed document, for example, in an agreement or additional agreement, provisions on interaction.

For experience you can contact public services, for example, the Federal Migration Service of the Russian Federation and Federal service Security of the Russian Federation, which issued Order No. 40 of the Federal Migration Service of Russia, No. 75 of the FSB of Russia dated 02.12.2013 “On approval of the form of the telephone message log and the form of the acceptance and transfer certificate.” Contrary to the general opinion that the telephone message as a type of document has outlived its usefulness, this order is quite “fresh”.

Within the organization the rules for receiving and sending telephone messages are reflected in the Office Operations Instructions. In our opinion, even if a company has not received a single telephone message in its entire history, information on how to receive it and how to work with it should still be entered into the local normative act. Special attention At the same time, we recommend that you pay attention to the deadlines for transmitting telephone messages for consideration and execution.

The telephone message, although not often encountered, is not entirely forgotten method transmission of operational information. Whether to use it or make do with oral communication, and in especially important cases promptly send a letter by fax or e-mail - your organization must decide for itself. But you must be able to receive a telephone message and direct it to work. We hope our article helped you understand this simple matter.

Footnotes

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Judicial Collegium for Civil Cases of Sverdlovsky regional court consisting of:

presiding Zarubin V, Yu,

judges Kolesnikova O.G., Romanov V.B.

considered in open court on July 21, 2011 a private complaint from the representative of the defendant LLC "Lesopromyshlennaya Kompaniya..." Kugusheva A.V. for a ruling by the Nizhneserginsky District Court Sverdlovsk region dated 05/31/2011 on refusal to restore the missed procedural deadline for filing cassation appeal.

Having heard the report of judge B.V. Romanov, the judicial panel

installed:

By the decision of the Nizhneserginsky District Court of the Sverdlovsk Region dated April 22, 2011, the claims of V.V. Kuzmins, acting in their own interests and in their interests, were partially satisfied. . . daughters of the Kuzmins D.V.. to the limited liability company "Timber Company...." on compensation for moral damage.

05/20/2011 by the representative of the defendant A.V. Kugushev A cassation appeal against the said court decision was sent to the court, also containing a request to restore the missed procedural deadline for filing a cassation appeal.

By the ruling of the Nizhneserginsky District Court of the Sverdlovsk Region dated May 31, 2011, the above-mentioned application to restore the missed procedural deadline for filing a cassation appeal against the court decision dated April 22, 2011 was denied.

The representative of the defendant A.V. Kugushev did not agree with this determination, filing a private complaint with the court, in which he asks the court ruling dated 05/31/2011 to be canceled and to restore the deadline for appealing the court decision of 04/22/2011 missed by the defendant for good reason, due to untimely preparation by the court of a reasoned decision. In addition, he pointed out the illegality of the appealed determination due to the fact that with proper notice applicant LLC Timber Industry Company...

The applicant and interested parties did not appear at the meeting of the judicial panel. The case materials contain a notice of the time and place of consideration of the private complaint, sent to the indicated persons on 07/06/2011. In accordance with Part 2 of Art. 354 Civil procedural code In the Russian Federation, the failure of persons participating in the case and notified of the time and place of consideration of the case is not an obstacle to the consideration of the case. Taking into account the above, the judicial panel decided to consider the case in the absence of these persons.

Having studied the case materials and discussed the arguments of the private complaint, the judicial panel finds no grounds for canceling the court's ruling.

In accordance with Art. 338 of the Civil Procedure Code of the Russian Federation, a cassation appeal or presentation can be filed within ten days from the date of the court’s decision in final form.

According to Part 1 of Art. 112 of the Civil Procedure Code of the Russian Federation to persons who missed the established federal law procedural deadline for reasons recognized by the court as valid; the missed deadline may be restored by the court.

By virtue of Part 1, 3 Art. 113 of the Civil Procedure Code of the Russian Federation, persons participating in the case, as well as witnesses, experts, specialists and interpreters are notified or subpoenaed to court by registered mail with acknowledgment of delivery, a summons with acknowledgment of delivery, by telephone message or telegram, by fax or using other means of communication and delivery that ensure the recording of a judicial notice or summons and its delivery to the addressee. Persons participating in the case must be served with court notices and summons in such a way that these persons have sufficient time to prepare for the case and appear in court on time.

From the case materials it follows that the representative of the defendant LLC "Lesopromyshlennaya Kompaniya..." Kugushev A.V. took part in the court hearing on 04/22/2011 and was present when the court announced the operative part of the decision of 04/22/2011, explaining the procedure and deadlines for appealing it. The reasoned decision was made by the court on April 27, 2011. The cassation appeal, also containing a request to restore the missed procedural deadline for filing a cassation appeal, was received by the court on May 25, 2011, and was sent by the representative of the defendant by mail, significantly missing the statutory deadline for filing a cassation appeal on May 20, 2011.

Evidence of availability good reasons the missed deadline for filing a cassation appeal was not presented to the court by the applicant, and therefore the court rightfully refused to satisfy the application of the representative of the defendant A.V. Kugushev.

The applicant's arguments about the unpreparedness of the court decision in statutory deadline and reference to the event held on 04/29/2011 phone conversation with the “secretariat” in support of this circumstance are unproven, and therefore rightfully rejected by the court. These arguments are refuted by the case materials, since it follows from the text of the decision that the reasoned decision was made on April 27, 2011.

Also, the applicant’s arguments about improper notification of the time and place of consideration of the application for restoration of the missed procedural deadline for filing a cassation appeal, scheduled for May 31, 2011, cannot serve as grounds for canceling the appealed ruling. In the case materials (case sheet 154) there is a telephone message dated May 26, 2011, received by the director of Timber Industry Company LLC... and indicating proper notification to Timber Industry Company LLC... about the time and place of consideration of the said application.

Contrary to the arguments of the applicant of the private complaint, the subpoena, which the defendant did not receive, is not the only form judicial notice. A telephone message is confirmation of proper notification if it contains all the details necessary for notification (issued with the surname, first name, patronymic of the transmitting person, text of the notification, date and number from which this information transmitted, data of the recipient of the information - last name, first name, patronymic, date, time, telephone number to which the notification was transmitted).

As can be seen from the telephone message dated 05/26/2011 available in the case materials, it meets the requirements for the form of a judicial notice, and therefore, being received by the director of Timber Company LLC... is a proper notice of court appointment on May 31, 2011 court session to consider an application for restoration of the missed procedural deadline for filing a cassation appeal.

Under such circumstances, there are no grounds for canceling a lawful and justified court ruling based on the arguments of a private complaint.

Based on the above, guided by art. 373, para. 2 tbsp. 374 Civil Procedure Code of the Russian Federation, judicial panel


Procedure for issuing a telephone message.

Introduction

Office work in institutions, organizations and enterprises (hereinafter referred to as organizations) is carried out, as a rule, by a special structural unit (or a person appointed for office work), which is entrusted with the functions of documentation support for management. In order to improve work with documents, ensure High Quality their preparation and control of execution are developed and approved by order of the head of the organization, instructions for office work (hereinafter referred to as the instructions), and the job responsibilities of the persons responsible for office work.
The instruction is developed in accordance with the current regulatory documents on office work and establishes the procedure for its management, including the basic rules mandatory for all employees, accounting, preparation, registration, reproduction (replication), control over the execution, storage and use of documents.
IN this essay the subject is a telephone message, the object is the form of its use in office work, the legality of its use in judicial enforcement activities in practice.

The concept of a telephone message. Telephone messages.

Telephone message is a generalized name for documents of various contents, allocated to a separate category in connection with in a special way text transmission.
Typically, telephone messages are accepted for urgent notifications about meetings, sessions, gatherings and other cases when the transmitted message needs to be documented. Telephone messages are used within the range of local telephone communications.
A telephone message is a document on operational issues, transmitted by telephone and recorded by the recipient. Telephone messages are drawn up on specially designed forms or on a sheet of A5 paper.
It is advisable to have forms for telephone messages if there is a large number of these documents in the organization. It is allowed to draw up telephone messages on blank sheets of paper. A telephone message is drawn up in one copy. The details of the telephone message are as follows: name of the institution-author of the document, position, surname of the employee who transmitted the telephone message, his telephone number, name of the recipient organization, position and surname of the employee who received the telephone message, his telephone number, date and number of the telephone message, text (no more than 50 words ), the name of the position of the person who signed the document, his personal signature, surname and initials.
Examples of filling out telephone messages:

LLC "Optima"
chain of stores

Telephone message
Sent - secretary Received - secretary
T.V. Petrova. Shilova A.P.
T. 53-53-53. 12h.30min.

01/15/14 No. 15.

01/16/2014 At 14.30 there will be a meeting dedicated to working with customer complaints. Deputy store managers for customer service are invited to the meeting.

Head of Department

A.I. Ivanov.

When compiling telephone messages, you should adhere to the following recommendations:
The text should not contain complex logical expressions, difficult to pronounce rarely spoken words, the information should be brief and urgent.
When transmitting a telephone message, it is necessary to check the correctness of the recording by re-reading it; words that are difficult to perceive by ear must be transmitted, broken down by letter.
If a telephone message is sent to several addresses, then a mailing list with telephone numbers is compiled for it.
The employee who received the telephone message is obliged to familiarize it with all officials to whom the information received was intended.

Using telephone messages in trial
Notification of persons participating in the trial by telephone is provided for by all procedural codes (Article 25.15 of the Code of Administrative Offenses of the Russian Federation, Article 121 of the Arbitration Procedure Code of the Russian Federation and Article 113 of the Code of Civil Procedure of the Russian Federation), except for the Code of Criminal Procedure of the Russian Federation. There are rules for registering telephone messages.
The procedural codes do not contain any special requirements for telephone messages. Part 1 art. 25.15 Code of Administrative Offenses of the Russian Federation and Part 1 of Art. 113 of the Code of Civil Procedure of the Russian Federation classifies it as other means of communication and delivery that ensure the recording of a notice or call and its delivery to the addressee. According to Part 3 of Art. 121 of the APC, a telephone message, as well as a telegram, e-mail, fax or other means of communication, is used to call or notify participants in the arbitration process in urgent cases.
Rules for issuing telephone messages are found in individual departmental regulations and advisory documents. Thus, GOST R 6.30-2003 does not mention telephone messages at all. However, in the methodological recommendations for its implementation, approved. Rosarkhiv (no date, not published), there is a corresponding section, interesting topic that, according to the logic of Rosarkhiv, the recipient of this type of notification can only be an organization (official). For example, it is indicated that the text of the telephone message is recorded (printed) by the recipient, and the legal force of the received telephone message is determined:

    outgoing registration number;
    position, full name and the signature of the sending person;
    position, full name and the signature of the person who received the telephone message in the registration log;
    the incoming registration number of the received telephone message.
These provisions are reproduced almost verbatim, albeit with some technical clarifications, by internal departmental regulations. Instructions for office work in the Russian Federal Migration Service system limit the text size of a telephone message, allowing the use of no more than 50 words. The standard instructions for office work and archive work in customs authorities require filing transmitted telephone messages in chronological order into a separate matter. A number of special clarifications are contained in the Office Management Instructions of the Investigative Committee of the Russian Federation. For example, the circle of recipients of a telephone message is limited to Committee officials, the number of words is reduced to 30, the “urgent” mark is provided, etc. The official nature of telephone messages is directly indicated in the Instructions of the FSSP of Russia.
One of the most laconic is the Instruction of the Prosecutor's Office. The requirements for the details are extremely simple: the date and time of transfer, the name of the person who accepted and transferred it.

Notification of persons participating in the trial via telephone message
Instructions for office work in arbitration courts The Russian Federation provides for the maintenance in the secretariat of the court chairman of a log of the reception and transmission of telephone messages received in the name of the chairman and his deputies, as well as some rules for processing incoming telephone messages. There are no other rules relating to this type of notification, including in relation to participants in legal proceedings. The instructions of the Supreme Court of the Russian Federation are silent about telephone messages.
Instructions for judicial records management in a district court provide for calling participants in criminal proceedings by telephone. Requirements for design, as well as other options for using notifications of this type, have not been established.
Rare instructions developed for justices of the peace in the constituent entities of the Federation regulate the preparation, reception and sending of telephone messages.
Judicial practice shows that the transmission of telephone messages by the court to individuals is widespread. This circumstance, along with others, is often used when filing complaints against court decisions: citizens claim that they did not receive notifications, refer to their incorrect execution, or question the legality of notifications of this type.
Higher courts, of course, always recognize the legitimacy of a telephone message as a method of notification, while paying attention to the execution of such a notification and the behavior of those notified.
Confirmation of receipt of telephone messages is required in a number of cases, since the question of the admissibility of a telephone message in each specific case is always decided at the discretion of the court with reference to the applicable procedural code and never to the instructions for office work. This also applies to technical errors that do not affect the outcome of the case. The main problem remains confirmation of receipt of the notice by the addressee, especially an individual who does not keep a registration log, does not record in writing and does not file received messages.
When solving this problem, judges try to take into account any indirect evidence of the fact of receiving a telephone message, for example: non-denial or refutation by the person of receipt of the notification; agreement with correctness phone number indicated in the telephone message; printout of details of conversations on a mobile phone; attendance at the meeting of other participants notified in the same way, etc.
The integrity of a court that has formally complied with the requirements for drawing up and sending a telephone message, but does not have objective evidence of its receipt, may raise doubts, especially in a situation where the receiving party in the process declares that it has not received the telephone message. Unfortunately, the situation rests solely on the authority of the court. In the cases known to us, it was always resolved in his favor, although a more solid support could have been a well-thought-out mechanism for recording the sending and receiving of messages. But, alas, there is still no such mechanism.
A telephone message is often the only way to bring information to the attention of the person involved in the case. It should be recognized that from the legal and organizational side, this type of notification is still far from perfect. But there is a way out.
The most reliable and transparent way to record a telephone message, objectively confirming its receipt, would be an audio recording of the conversation in the phone’s memory. This function is now implemented in many mobile and stationary models.
Copy or directly save the received file to HDD Using a computer is also not a complicated or expensive matter. In the future, it would be advisable to post all telephone messages received in this way on a special judicial server for general (or limited) viewing.
Thus, the problem is completely solvable, the main thing is to keep up with the times.

Conclusion

Responsibility for organizing office work, compliance with established rules and procedures for working with documents in structural divisions entrusted to the head of the organization or enterprise. The activities of an organization or enterprise are supported by a system of interconnected management documentation. Its composition is determined by the competence, the procedure for resolving issues, the volume and nature of the relationship of this organization with higher organizations, with legislative and executive power, with subordinate and third-party organizations, with individuals.
Direct office work is carried out by officials who are responsible for office work, accounting and security of documents at the enterprise.
Absolutely all organizations and a large number of individuals work with documents.
Almost every organization faces problems in office work, even if we are not talking about automation: documents are lost, not controlled, etc.
From all of the above, we can conclude that a telephone message is a document containing operational information transmitted orally through telephone channels. The recipient writes down the received message by hand.
The mandatory details of a telephone message are: names of institutions of the sender and addressee: details “from” and “to” indicating the position, surname, first name, and patronymic of officials: number, date and time of transmission and reception of the telephone message; positions and surnames of the person who transmitted and received the telephone message; phone numbers; text and signature.
The telephone message must have a heading, it is drawn up in accordance with GOST R 6.30-2003 as for a business letter, that is, it is expressed prepositional case with the preposition "about" or "about". For example, “About changing the time of Council meetings”, “About the arrival of seminar participants.”
Telephone messages are written, like telegrams, briefly, clearly, in simple sentences. In the first part of the telephone message, the facts that prompted the telephone message are stated, in the second - the actions taken. Telephone messages are presented in the first person. The length of the telephone message should not exceed 50 words.
It is advisable that the organization have special forms for incoming and outgoing telephone messages.
Telephone messages can be used to quickly notify participants in legal proceedings.
According to the explanation contained in paragraph 6 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 No. 5 “On some questions that arise for the courts when applying the Code of the Russian Federation on Administrative Offences”, in order to comply with the deadlines established by Article 29.6 of the Code of Administrative Offenses of the Russian Federation for consideration of cases of In administrative offenses, the judge must take measures to quickly notify the persons involved in the case about the time and place of the consideration of the case. Since the Code of Administrative Offenses of the Russian Federation does not contain any restrictions associated with such a notice, depending on the specific circumstances of the case, it can be made using any available means of communication that make it possible to control the receipt of information by the person to whom it was sent by subpoena, telegram, telephone message, fax and so on.

Literature

    Veselov P.V. Modern business writing in industry. M., 2004.

    GOST R 6.30-2003. “Unified documentation systems. Unified system of organizational and administrative documentation, Requirements for document preparation.” Resolution of the State Standard of Russia dated March 3, 2003 No. 65-Art.

    I. Ivanov article: “Notification of persons participating in the trial by telephone message” ht tp://juristmoscow.ru/ arbitrazhnyjj-protsess/9633/

    Kirsanova M.V. Modern office work: Textbook. Benefit. – M.: INFRA-M; Novosibirsk: Siberian Agreement 2008.

    Kirsanova M.V., Aksenov Yu.V. Office management course: documentation support for management: Proc. Benefit. – M.: INFRA-M; Novosibirsk: Siberian Agreement 2008.
etc.................

Telephone message- a generalized name for documents with different contents, allocated to a separate category in connection with a special method of transmitting text (transmitted orally via telephone channels and written down by hand).

Typically, telephone messages are used for urgent notifications about meetings, meetings, unexpected events, cancellation of previously planned events, etc. cases when the transmitted message must be documented. Telephone messages are used within the range of local telephone communications.

An example of an incoming telephone message

It is advisable to have forms for telephone messages only if there is a large (more than 200 per year) number of these. It is allowed to draw up telephone messages on blank sheets of paper. A telephone message is drawn up in one copy. Details of the telephone message: name of the institution - the author of the document, position, surname of the employee who transmitted the telephone message, his telephone number, name of the recipient organization, position and surname of the employee who received the telephone message, his telephone number, date and number of the telephone message, text (not exceeding 50 words) , name of the position of the person who signed the document, his personal signature, surname and initials. Thus, when compiling telephone messages, such specific details as the date and time of transmission (reception) are used; indication of the position and surname of the officials who transmitted (received) the telephone message, telephone numbers of organizations transmitting (receiving) the telephone message.

When compiling telephone messages, you should adhere to the following recommendations: the text should not contain complex logical expressions, difficult to pronounce and rarely pronounced words; information should be brief and urgent (see Figure 3.11).

When transmitting a telephone message, it is necessary to check the correctness of the recording by re-reading it; words that are poorly perceived by ear must be conveyed by breaking them down by letter. If a telephone message is sent to several addresses, then a mailing list with telephone numbers is compiled for it.

The employee who received the telephone message is obliged to familiarize all officials to whom the information received was intended with its contents.

Modern technologies make it possible to transmit any information quickly and efficiently, so a telephone message is not the most popular look messages. Nevertheless, this method of informing is still relevant. What is the purpose of a telephone message? How to properly receive and process such a telephone message?

What it is?

What is a telephone message? This is a way to quickly transmit a service message over the phone. How does this method of information differ from a simple one? phone call? First of all, the reception and transfer, as well as further storage, must be properly formalized and registered. Only in this case can the message be considered a telephone message and have legal force.

The information that a telephone message may contain is a notice, a business message or an order from management (a higher organization). The possibility of notification in this way is enshrined not only in the rules (instructions) of the enterprise’s document flow, but also in legislative acts regulating the procedure of legal proceedings (APC and Code of Civil Procedure of the Russian Federation). Thus, a telephone message is not just a conversation, but a short and extremely accessible form of transmitting official information.

What information can be conveyed by telephone message?

As a rule, it is customary to transmit information and requests necessary to quickly resolve production issues and organize the work process using a telephone message:

  • Information about appointment, cancellation, rescheduling of the time and date of the event. This category includes notification of the place and time of the court hearing, provided for by procedural rules.
  • Requests for urgent provision of information, reporting, etc.
  • Invitations to events: meetings, conferences, methodological associations, etc.

  • Requests and proposals to delegate representatives of the organization on business trips and field work.
  • Brief reports, research results, surveys, etc.

How to send a telephone message?

How to properly send a notification by telephone message? Preparation and transmission of information in this way includes the following steps:

  • Preparing a draft. You will need to compose the text of a future telephone message. It must be written in accessible, concise language, avoiding complex, slang or obviously common language speech patterns, ambiguities, difficult to pronounce phrases. The text volume should not contain more than 50 words. If necessary, the telephone message is agreed upon with the person on whose behalf the information is being transmitted.
  • The telephone message is issued in accordance with the document flow rules established in the organization: on paper with the assignment of a date and a serial individual number. The person on whose behalf the message is sent should read and sign the telephone message.
  • In a situation where a message is sent to several subscribers, in addition to the telephone message, an attachment list is compiled indicating the name and telephone number of each organization.

  • The telephone message is registered in a special journal (if one is maintained in the organization) or in outgoing correspondence.
  • Sending a telephone message: call the subscriber, ask to accept the telephone message, provide your full name. and your position and the person on whose behalf the information is being transmitted, your telephone number.
  • Dictate the text of a telephone message clearly and legibly. Ask the subscriber to re-read what was recorded to avoid errors during transmission.
  • Find out and write down the incoming number under which the telephone message is registered in the subscriber’s organization.

How to accept?

How is a telephone message received? This process includes verbatim recording of the message, subsequent execution and registration in accordance with the rules in force in the organization, as well as the prompt transfer of the received message to work.

  • Having received a request by telephone to accept a telephone message, first of all you will need to draw up a draft, that is, word for word, without changes, write down or type the transmitted text on a computer.
  • Check the accuracy of the recorded message, that is, re-read the text to the employee transmitting the telephone message.
  • Find out from the caller the full name, the position of the person on whose behalf the message is being transmitted, the outgoing number under which the telephone message is registered and information about the employee transmitting the information (position and full name).
  • Provide the incoming number under which the telephone message is registered at the receiving organization, as well as the position and full name. employee who received the telephone message.
  • After this, you need to formalize the information received in the form of a document and register it (an example of a telephone message is given below).

General design requirements

Currently, there are only recommendations on how to issue a telephone message, therefore the rules for sending and receiving a telephone message are established by the office management instructions adopted by the organization. There are general requirements in accordance with which a telephone message should be drawn up:

  • The received message is drawn up either on a separate blank sheet or on a special form approved by the organization. It is allowed to have in the receiving organization a “Telephone message reception log” approved by the instructions, containing sections for recording all the necessary details of this type of information. The telephone message itself is entered into the journal directly, a sample of which can be seen in the article, and additional registration in the form of a form is not required.
  • The legal force of the document is confirmed by the required details: incoming and outgoing registration numbers, information about the person who transmitted the telephone message and accepted it (position, full name, personal signature). In addition, you should indicate the name of the organization from which the telephone message was sent and the date of receipt.
  • The specific time for receiving information can also be indicated on the form.
  • The date of the telephone message is the day when the message was received by the subscriber (unless otherwise approved by the organization’s office management instructions).

Who should sign?

As a rule, a telephone message is compiled in one copy (a different number of copies may be approved by the organization’s office management instructions) and is not transmitted to the subscriber’s organization in paper version. In this regard, the question may arise: how should the signatures of the employees who received and transmitted such a message, as well as the person on whose behalf the information is transmitted, be affixed to the document?

When drawing up a telephone message by an employee of the transmitting organization, the document fully indicates the details for affixing three signatures:

  • who delivered the message.
  • who received the message;
  • the official on whose behalf the telephone message is sent.

In this case, only officials of the organization transmitting the telephone message sign the document. The recipient draws up his copy in the same way, but only the employee who receives it signs it.

Registration

When registering telephone messages, you should also be guided by the rules approved by the standard instructions for office management of the organization. If the procedure for assigning a number to a given type of document is not regulated, the following options are possible:

  • The most accessible and widespread way is to register received telephone messages in the general journal of incoming correspondence. It is allowed, along with the serial registration number, to assign a letter index indicating this type of correspondence.
  • Start in the organization separate magazine, in which the registration of telephone messages will be carried out separately.

How and for how long are telephone messages stored?

According to the currently existing lists regulating the procedure and terms of storage of archival documents, a journal for recording outgoing or incoming telephone messages must be stored in the organization’s archive for 3 years. There is no clear storage procedure established for telephone messages themselves. Therefore, the management of the organization has the right to independently determine how to submit completed telephone messages for archival storage. It is permissible, for example, to file a document with cases related to the topic of the information being transmitted, and subsequently submit it to the archive in the manner applicable for storing cases of this type.

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