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Publication date: 20.05.2024
active and purposeful military lawyer with more than 4 years of experience
What should be guided during the development of the Regulation on the structural division
The regulation on the structural subdivision of a legal entity, regardless of its type and scale of activity, form of ownership, level of subordination, is an organizational and administrative document (hereinafter referred to as the ORD). The regulation establishes the procedure for creating a structural subdivision, its tasks, functions, rights and obligations, work organization, and relationships with other structural subdivisions of a certain legal entity.
The requirements for the registration of all ORDs are established by the National Standard of Ukraine DSTU 4163:2020 "State Unified Documentation System. Unified system of organizational and administrative documentation. Requirements for the execution of documents", approved by the order of the State Enterprise "Ukrainian Research and Training Center for Standardization, Certification and Quality Problems" dated July 1, 2020 No. 144.
Of course, DSTU 4163:2020, like most standards, has a recommendation nature. At the same time, the requirement to comply with this standard during registration and location of details in the ORD is recorded in clause 11 of chapter 1 of section II of the Rules for the Organization of Business Administration and Archival Storage of Documents in State Bodies, Local Self-Government Bodies, Enterprises, Institutions and Organizations Approved by Order of the Ministry of Justice of Ukraine dated June 18, 2015 No. 1000/5 (hereinafter — Rules).
But the Rules, in contrast to the standard, are a legal act that is mandatory for all legal entities (according to the second paragraph of Clause 1 of Section I of the Rules).Thus, you should be guided by the Rules and comply with the requirements of DSTU 4163:2020.
When developing a regulation on a structural subdivision of a specific legal entity, a unified form of this type of ORD should be used, which contains a certain composition of details and specified places of their location in the document.
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Approval of the regulation on the structural division
Provisions on the structural unit can be approved by order of the head of the legal entity or directly by the head of the legal entity, as evidenced by the appropriate approval stamp, printed in the upper right corner of the first page of the document.
If all provisions on the structural units of a legal entity are approved by one administrative document
For example, if the manager decides that all provisions on the structural subdivisions of a legal entity will be approved by one administrative document — an order on the main activity of the enterprise, then the relevant provisions will be drawn up as appendices to the order, and in each of them an approval stamp should be issued as follows: collection of debt from wages recovery of wages through court recovery of wage arrears recovery of wages recovery of wages in court recovery of wages through court
In this case, the originals of the regulations on structural subdivisions will be kept in the same file with the orders on the main activity of the legal entity with the maximum storage period "Permanently" or "Until the liquidation of the enterprise" (depending on whether the legal entity is classified as a fund-creator of the National Archive Fund). Copies of these provisions with a storage period of "Until replacement with new ones" will be made to the relevant structural units for daily work.If each provision on the structural division is approved separately
If the head of a legal entity decides to approve each provision of a structural subdivision separately, the approval stamp will be drawn up as follows:
In this case, the originals of all provisions on structural subdivisions will be formed into a separate file with the same title "Regulations on structural subdivisions". And copies of them will be made and distributed to all relevant structural units.
You can familiarize yourself with the detailed requirements for the registration of other requisites, in particular "Code for KUD", "Name of legal entity", "Date", "Registration index", "Visa", etc. in the magazine "Dilovodstvo".
