Approved by the Order of the Chairman of the Supreme Economic Court of Ukraine of December 10, 2002 No. 75
On clerical work in economic courts of Ukraine
1.1. The instruction on clerical work in economic courts of Ukraine (further - the Instruction) installs single system of the organization of clerical work, operating procedure with procedural and other documents, and is obligatory in case of record keeping in system of economic courts of Ukraine according to features of structure, taking into account the number of staff and technical supply of specific economic court.
1.2. Documents of economic courts of Ukraine are property of the state. Work with them is regulated by the legislation of Ukraine, normative and methodical documents of the public archive agency of Ukraine, and also this Instruction.
1.3. The rules stated in the Instruction determine procedure for maintaining general clerical work and extend to all in-house documentation which has no confidential nature. The procedure for maintaining confidential clerical work, work with documents and the editions "For Office Use" is determined by special instructions.
1.4. The instruction on clerical work establishes procedure for acceptance, registration, accounting, passing, registration, printing and replication, control of accomplishment, preparation of answers, sendings, uses, transfers to archive on document storage in economic courts of Ukraine.
Provisions of the Instruction provide both traditional record keeping, and the automated (computer) technology of processing, accounting and control of documents.
1.5. General record keeping and methodical management with documents in structural divisions of economic court is assigned to service of clerical work.
1.6. The common directorship delovodchesky service is performed of the chairman of economic court or its deputy according to distribution of obligations.
1.7. The organization of clerical work and control of observance of statutory rules of work with documents in structural divisions of court are assigned to their heads.
1.8. The head of the structural unit appoints responsible for record keeping which affirms the order. Responsible for clerical work provides accounting and passing of documents at the scheduled time, informs the head on their accomplishment, acquaints employees of division with regulating and methodical documents on clerical work, submits to the division manager and service of clerical work the work progress reporting with documents.
1.9. Employees of structural divisions bear the personal responsibility for safety of in-house documents which are at them on execution. On loss of the document it is urgently reported on the division manager, the statement which one copy is transferred to the head of service of clerical work for the corresponding reaction in accordance with the established procedure is drawn up.
1.10. Management and officials of economic court shall:
- take measures to reducing office correspondence;
- provide regular check of condition of clerical work;
- exercise control of strict observance of requirements of the Instruction for creation, registration, document storage, the organization to delovodchesky process.
1.11. Officials, specialists and employees of economic courts of Ukraine shall know and follow requirements of the Instruction for accomplishment, processing, registration, document storage and use of the in-house documentation.
Heads of economic courts and their structural divisions shall acquaint all employed persons with the organization of delovodchesky service and requirements of the Instruction.
1.12. In case of dismissal of the worker from the position held by it, and also for its leave, business trips and so forth all outstanding documents are transferred for execution to person who replaces it, with mark about transfer in registration and control documents.
2.1. All correspondence which arrives in economic court is accepted and registered service of clerical work.
In case of acceptance of correspondence integrity of envelope or packaging, addressing compliance is checked. Correspondence which is accepted, checked according to appendix.
Documents which were received directly by management of court, are transferred to registration to service of clerical work.
Mistakenly delivered correspondence is sent on accessory or returns to the sender service of clerical work till two days.
2.2. When opening envelope (packaging) correctness of document creation, the actual availability of documents and appendices to them is checked, document numbers with numbers specified on envelopes are verified. Envelopes are applied to documents.
In case of absence or damage of the document which interferes with use it to destination the statement in triplicate is drawn up (appendix 1) which are signed by employees of service of clerical work. One copy of the act remains in service of clerical work, the second is applied to incoming documents, third is sent to the sender.
Packets with the mark "personally" are transferred to addressees without opening.
2.3. Documents which arrived in court are distributed by service of clerical work on actions for declaration, claims, additional materials and documents to legal cases and so forth. On all documents in the right bottom corner or the place of the first leaf, free from the text, the registration stamp, receipt date in court, registration number is put down.
Registration number contains:
a) document index according to the nomenclature of cases;
b) general sequence number; c) sequence number in the register of the relevant division (judge).
By courts of appeal and cassation instance in case of document registration separately behind local (appeal) economic courts indexes of local (appeal) economic courts can be used (appendix 2).
2.4. Document registration is performed in the magazine of registration or on registration and control card (appendices 3, 4, 5).
2.5. The registered documents are submitted management and to structural divisions through responsible for clerical work on receipt.
The registered documents are transferred to the secretariats of vice-chairmen of court according to distribution of obligations between management of court.
The secretary (assistant) of the chairman (vice-chairmen) of court checks availability of appendices to incoming correspondence, in case of need makes request of the additional information and reports about documents which arrived, on the head who considers them and determines the contractor.
2.6. Statements and claims on action of officials of economic courts of Ukraine are submitted by service of clerical work to the chairman of the relevant court, and according to rezolyutsiiispolnitel who studies the given materials and in the ten-day time (if the resolution does not contain other term) reports offers.
2.7. Additional materials which arrived in cases which are in production are registered service of clerical work by date of their receipt in entering registration number of primary materials with addition of index D with digital mark in chronological procedure (for example, D 1, D 2,, etc.).
2.8. Registration details of documents which do not concern legal cases shall contain surname and initials of person who signed the document, and the name of the organization which it represents. Execution of the entering number is performed in such procedure: according to the nomenclature of cases of court the index of division to which the document for consideration, sequence number, registration date, reference number and document date goes is put down, its short content is stated.
2.9. To documents which arrived in court employees of service of clerical work or contractors without fail by transfer to their management attach brief information of information content on the contractor, movements of case, preliminary correspondence and so forth.
2.10. All documents which arrived in court, are registered and transferred to management (to structural divisions), as a rule, in day of receipt, twice a day. Documents with mark are "Urgently" transferred within hour.
2.11. After consideration of the document management and appointments of the contractor, on the same day the document returns to service of clerical work for registration of the resolution. In registration documents data on content and date of imposing of the resolution, surname and initials of the contractor, accomplishment term, date of transfer of the document responsible for clerical work of the relevant structural division or directly to the contractor are entered.
To destination the document is transferred on receipt.
2.12. Documents for consideration (accomplishment) from division are transferred to division only based on written specifying of management which performed consideration of the document and imposing of the resolution.
Document transfer from division in division (from the contractor to the contractor) happens only through service of clerical work to introduction of the relevant data on transfer to registration documents.
2.13. If in the resolution several contractors are specified, then the first of them is responsible for performance of a document to which the document is in accordance with the established procedure transferred.
Responsible for clerical work of division of the contractor specified in the resolution to the first quickly acquaints with the document of other persons specified in the resolution on receipt for resolutions, to the left of the corresponding surname. Document photocopies are transferred to collaborators in necessary cases about what the corresponding mark in the resolution becomes.
2.14. After permission of the questions which are brought up in the document responsible for its execution reports on the head who writes the instructions then in the left bottom corner of the first page of the document does mark about its execution or attaches the cover sheet in which specifies how the issue is resolved: даня the answer, the decision, etc. is made, puts down completion date, file number or the job specification to which it is necessary to attach the document, assures him the signature, and transfers to service of clerical work.
2.15. The first copy of the answer to the executed document is signed by the head who wrote the instructions, or person who for that time fulfills its duties.
The copy (copy) of the answer which remains in court is vised by contractors or the executive in charge.
The answer to the executed document together with the incoming document is transferred to service of clerical work for putting down in necessary number of copies on it reference number, entering of the relevant data into reegistratsionno-control documents, sending to addressees.
In reference number of the document its index according to the nomenclature of cases, sequence number and date is specified.
The executed document together with the copy of the answer is filed in the corresponding case (job specification) or transferred to destination.
2.16. All documents which arrived in court from the office of the President of Ukraine, the Cabinet of Ministers of Ukraine, legislature, executive bodies, the ministries, departments (daleepravitelstvenny documents) are accepted by person of service of clerical work, responsible for government correspondence.
2.17. Work with government documents is conducted separately from other documents in all structural divisions of court.
2.18. The employee of service of clerical work responsible for government correspondence accepts incoming correspondence, checks compliance of reference number of the document to number which is put down on envelope, establishes correctness of addressing, undersigns for receipt of the document for the cover letter of feldsvyaza and witnesses the signature seal.
2.19. If in one packet two and more documents which belong to government correspondence arrived, on each of them in the right bottom corner the registration stamp, the entering number, date and surname of the worker who received the document is put down.
2.20. The government document is registered in the magazine or on registration and control card (appendices 3, 5) where are brought the name of public authority, ministry, department which sent the document; document type (decree, resolution, decision, order and so forth); the entering number and date of its registration; the reference number and date which is put down on the document by the sender; title and summary of the document.
2.21. The registered government documents are transmitted to the chairman of justices through the secretary to whom they are handed on receipt.
2.22. Legislative and regulations after registration are transferred by service of clerical work to the chairman of justices, and under its resolution - for further study (codification).
2.23. The government document considered by the chairman of justices returns to service of clerical work responsible for government correspondence which enters the resolution in registration documents, and transfers the document on accessory, on receipt responsible for clerical work.
2.24. On the document delivered by management on control the mark "Control" or letter "K" is given.
2.25. If in the resolution the specific term of accomplishment is not specified, then the answer to the document shall be sent not later than one month from day of its receipt.
After accomplishment of the document the worker specified in the resolution to the first the personal signature removes the document from control.
2.26. All documents signed by management of court go in day of signing, if necessary - the courier.
2.27. Accounting and storage of the executed documents is performed by service of clerical work.
3.1. Actions for declaration, appeal and writs of appeal (representations), responses, additional materials, and also other documents which concern legal cases, according to the procedure, provided by Section 2 of this Instruction, are transferred to judges (boards of judges) for consideration.
3.2. The instructions of management on document transfer to the judge (board of judges) is written on consideration directly on the document.
Court documents (cases) are transferred to the judge on receipt.
3.3. The documents considered by the judge (the chairman of board of judges) are transferred to them to the specialist (assistant) of the corresponding judicial structure (judge) for preliminary study (verification of presence of appendices, signatures, seals and so forth) and the report to the judge.
3.4. In case of refusal in adoption of the action for declaration or its return without consideration claim materials return to the applicant according to the resolution.
The resolution on refusal in adoption of the action for declaration or about return of the action for declaration without consideration and claim materials are sent to the applicant by the recommended mail.
The resolution copy is sent to at the same time other parties to the case.
The copy of the resolution with mark on departure remains in service of clerical work in the corresponding job specification.
3.5. With adoption of the action for declaration in consideration case forming begins. At the same time number is assigned to case.
The file number is assigned by the judge who appoints it. It shall contain the sequence number of the judge established by management of court in the procedure determined by it, separated by inclined hyphen sequence number of case of the same judge within the current year.
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The document ceased to be valid according to the Order of the Chairman of the Supreme Economic Court of Ukraine of April 21, 2011 No. 56