The court of record. The instruction on judicial office-work

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2019-04-22 19:20:34

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Under Court records in a General sense, understand the law regulated the activities associated with registration, record keeping, drug cases and other materials in court. It includes background information search, and also control of execution of acts and their preparation for further use and storage.

legal paperwork

Value activities

The Proper organization of Court records provides for the efficiency of justice. You must understand that from a document adopted by the court may depend on the fate of man. Loss of materials, failure to meet the acts, the direction of their improper subjects entail a violation of the rights and interests of organizations and citizens.

Distinctive traits

Organization Court records focus on compliance with procedural rules, enforcement of judgments, decisions, definitions. It ensures respect for citizens and legal entities, traded in the instance.

Requirements for creating, handling, using the court's records are based on the provisions of the CCP, AIC, GIC, of the administrative code.

In these normative acts enshrined the key rules governing the structure of the court documents, the mandatory details of acts, the order of movement of the cases, depending on the categories, rules and deadlines, and performance characteristics.

GOST

In the process of organizing and direct jurisdiction of the Court records Takes into account General requirements applicable to a normal circulation. They are fixed in GOST R 6.30-2003.

the instruction on judicial office-work

The state standard applies to the organizational-administrative documentation relating to the harmonized system. It includes in particular judgments, decisions, acts, reports, orders and other documents included in OKUD (all-Russia classifier).

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The standard established requirements for:

  • Registration details (with a list of the main ones);
  • Forms and documents;
  • Manufacture, accounting, storage, use letterhead with the State emblem of the Russian Federation coats of arms of constituent entities.

These requirements apply to documents in circulation courts.

Regulatory framework of the judicial proceedings in the district court

The Key methodological and regulatory framework of the act governing the organization and maintenance of document management in these instances is manual. Its provisions shall apply subject to the provisions of the procedural codes.

Approved Instruction on records management by the Judicial Department in 2003.

States:

  1. Accounting and document management.
  2. Requirements for registration procedure and other acts.
  3. Storage and transfer of the documents to the archive.

Position the Instruction on judicial office-work is aimed at ensuring due process of transfer and circulation of materials in the structure of district courts. The requirements apply to paper documents and acts that are created using computer technology.

model instruction on records management

Records in the armed forces

It is carried out in accordance with the Instruction approved by order of the President of the Supreme court No. 32-p of 2015 This is a rather voluminous document, which regulated all aspects of the work with the documents.

According to the standard User administration, the functioning of the unified system of documentary maintenance of work of the Court is based on modern technologies. When workflow uses innovative software and hardware tools.

Accounting and registration of incoming/outgoing papers, internal Executive acts carried out in the AIS (automated informational).

The units The Supreme court the court of record is imposed on authorized officers. The rights and obligations of these employees are determined by official regulations. The responsibility for the organization of document circulation in the departments entrusted to their leaders.

Typical Instruction on records management establishes the General order of conducting secret Affairs. According to the normative act, this is the First division of the armed forces together with the relevant departments. Processing of sensitive data, development and creation of the documents containing them, and their copies on secure technical equipment installed in sensitive areas.

the court of record in the district court

General rules of document circulation in the district courts in criminal cases

According to The Instruction on judicial office-work, and in accordance with article 227 of the criminal procedure code, the judge on the submissions received adopts one of the solutions:

  1. To Send the case to another jurisdiction.
  2. Assign a preliminary hearing.
  3. To Appoint the meeting.

Make the decision the referee shall within 30 days from the date of receipt of materials.

Industries with the ruling made by the judge during the preparatory procedure, according to the Department Court records not laterthe next day (working). Authorized employee contributes to the accounting and statistical card (f. No. 5) stamped on the decision.

The Judge should be defined category of cases in which the materials will be taken into account in the statistical report. A copy of the decision shall be sent to the Prosecutor, the victim and the accused.

the Supreme court and judicial proceedings

When sending materials to another jurisdiction, the case and cover letter to him sent to the recipient. At the same time notified, and the Prosecutor who sent the case. In the form No. 5 is a corresponding note. Copies of cover letters and solutions are stored in the work order no. 15.

Court proceedings of the Moscow regional court

It is regulated by the Instruction approved by Order of the Judicial Department of the RF armed forces № 161 dated 15.12.2004. It must be said that the provisions of this document apply to all Supreme judicial authorities of the cities fed. values, regions and provinces (Autonomous) republics.

Due To the fact that in all instances widely used electronic information system, you should dwell on the peculiarities of the circulation in the gas (state automated system) "Justice".

Filing of documents in civil, criminal, administrative proceedings are carried out according to the rules, approved by order of the Judicial Department № 251. For direction information, the interested party fills in a special form available on the court's website.

In the absence of the electronic application the required information, it will be considered filed with violation of the established order. About the same time the applicant is notified by electronic message or other means.

 instructions for record keeping judicial Department

Check the validity of electronic documents rests with the designated officer of the court. The employee is obliged to at least 2 times during the day to check the GUS subsystem.

After checking in the applicant's personal account on the same day sent a notice of acceptance or rejection of application. In the latter case, it is necessary to specify the reasons for the rejection of the application. If this is not the technical capability, the response is sent to the email address of the applicant or sent to him another way.

After performing validation checks on the received documentation, the authorized employee of the court shall transfer the cases on paper.

Features notice parties

If there is confirmation of proper notification to local and state authorities, other organizations and structures serving participants in the process, the time and place of the meeting, these individuals can receive information about the hearing or the production of certain actions by posting relevant information on the court's website. If these entities there is no technical ability to receive such a message, at their request, the notification is sent in any other way without using the Internet.

Details

Placement of information on acceptance of the claim to the production, location, time of the meeting or the implementation of procedural actions performed by the officer of the court not later than the date set in part 3 of article 113 of the CPC. For the abbreviated review period notice shall be published three days before the court date or perform the action.

As for the information about acceptance to manufacture of an administrative claim, representation or complaint, they are placed on the court's website 15 days before the meeting, unless otherwise provided in the CAS.

the court of record of the Moscow regional court

The Information published on the official portal of authorities of the progress of the case, including those provided to participants under the restricted access mode must match with the information contained in gas "Justice".


Article in other languages:

AR: https://tostpost.com/ar/the-law/16641-the-court-of-record-the-instruction-on-judicial-office-work.html

BE: https://tostpost.com/be/zakon/28956-sudovae-spravavodstva-nstrukcyya-pa-sudovym-spravavodstve.html

DE: https://tostpost.com/de/das-gesetz/28977-gerichtliche-sachbearbeitung-anleitung-zur-gerichtlichen-schriftfhrung.html

ES: https://tostpost.com/es/la-ley/29011-el-juicio-de-la-tramitaci-n-la-instrucci-n-judicial-de-efectuado.html

HI: https://tostpost.com/hi/the-law/16249-the-court-of-record-the-instruction-on-judicial-office-work.html

JA: https://tostpost.com/ja/the-law/16332-the-court-of-record-the-instruction-on-judicial-office-work.html

KK: https://tostpost.com/kk/za/28928-sot-s-a-azdaryn-zh-rg-zu-n-s-auly-boyynsha-sot-s-zh-rg-zu.html

PL: https://tostpost.com/pl/prawo/28782-post-powanie-w-sprawach-prawnych-instrukcja-post-powania-w-sprawie-biu.html

PT: https://tostpost.com/pt/a-lei/28816-judicial-o-rg-o-de-administra-o-a-instru-o-de-julgamento-de-fluxo.html

TR: https://tostpost.com/tr/hukuk/28987-mahkeme-evrak-talimatlar-dava-deloproizvodstvu.html

UK: https://tostpost.com/uk/zakon/28904-sudove-d-lovodstvo-nstrukc-ya-po-sudovomu-d-lovodstva.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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