How is the effective date of an organization’s order determined?

General rules for entry into force

The procedure for the entry into force of local regulations issued by the employer is determined by Part 7 of Art.
12 of the Labor Code. This norm states that a local regulatory act comes into force on the date of its adoption by the employer or from the date specified in this local regulatory act, and applies to relations that arose after its entry into force. In relations that arose before the entry into force of a local regulatory act, the specified act applies to the rights and obligations that arose after its entry into force. As we can see, the general rule for the entry into force of a local act is quite simple: this is either the date of approval of the act by the employer (that is, the date that appears on the order or instruction that approved the local act), or another date directly indicated by the employer in the act itself. At the same time, the employer cannot extend the effect of local acts to relations that arose before the date of their approval. This directly follows from the already cited provisions of Part 7 of Art. 12 of the Labor Code of the Russian Federation stating that a local act applies to relations, rights and obligations that arose after its entry into force. In addition, this conclusion is also confirmed by Part 3 of Art. 12 of the Labor Code of the Russian Federation, which states that a law or other regulatory legal act containing labor law norms does not have retroactive force and applies to relations that arose after its entry into force. And by virtue of Art. 8 of the Labor Code of the Russian Federation, norms of local regulations that worsen the situation of workers in comparison with established labor legislation and other regulations containing labor law norms are not subject to application.

Therefore, even if an organization includes in a local act a provision that its effect extends to relations that arose before the date of approval, then in this part the local act will contradict Part 3 of Art. 12 Labor Code of the Russian Federation. This means that such a rule simply will not be applied.

“Entry into force...” and “entry into force...” of regulatory legal acts of the Republic of Kazakhstan

In conversations between lawyers, you can often hear: “held accountable in accordance with current legislation,” “my demands are based on current legislation,” etc. Meanwhile, does everyone always know for sure whether this or that normative legal act is valid?

The definition of the current law in the Republic of Kazakhstan is given in the resolution of the Constitutional Council of the Republic of Kazakhstan dated October 28, 1996 No. 6 “On the official interpretation of paragraph 1 of Article 4 and paragraph 2 of Article 12 of the Constitution of the Republic of Kazakhstan.” The resolution states: “The current law in the Republic of Kazakhstan is the norms of the Constitution, laws corresponding to it, other normative legal acts, international treaty and other obligations of the republic, as well as normative resolutions of the Constitutional Council and the Supreme Court of the republic.”

Here, the current law of the Republic of Kazakhstan is considered as a system of norms contained in normative legal acts adopted by eligible subjects in the prescribed manner: the Constitution of the Republic of Kazakhstan and corresponding legislative acts, decrees of the President, resolutions of the Parliament, its chambers and the Government of the Republic, other normative legal acts, international treaties, ratified by the Republic of Kazakhstan, normative resolutions of the Constitutional Council and the Supreme Court of the republic. At the same time, the Constitution of the Republic of Kazakhstan has the highest legal force.

All specified normative legal acts are included in the current law, unless they are repealed, including in connection with the adoption of new normative acts.

Changes or additions must be made within the competence of the relevant body in compliance with the established procedure. In accordance with paragraph 4 of Article 4 of the Constitution of the Republic of Kazakhstan, all laws and international treaties to which the republic is a party are published.

The official publication of normative legal acts (RLA) relating to the rights, freedoms and responsibilities of citizens is a prerequisite for their application.

The principle of promulgation of normative legal acts established by the Constitution of the Republic of Kazakhstan served as the basis for the adoption of acts that determined the procedure for publication and entry into force of legal acts.

So, the main one in this list is the Law of the Republic of Kazakhstan dated March 24, 1998 No. 213-1 “On Regulatory Legal Acts” (hereinafter referred to as the Law “On Regulatory Legal Acts”). It gives the concept of “legislation” as a set of normative legal acts adopted in the prescribed manner.

The procedure for publication and entry into force of regulatory legal acts (in addition to the Law “On Legal and Legal Entities”) is regulated by a number of regulatory legal acts. They are presented in full in the sections of the ATP “LAWYER”: “Action of legal acts in time, space and by persons. State registration" and "Publication of normative legal acts". Internet address - https://base.zakon.kz/.

Application of legislation is impossible without knowledge of the procedure for the entry into force of regulatory legal acts.

From the moment of adoption (issue) of a normative legal act until its entry into force, there is one more stage - entry into force.

Today there are certain difficulties in distinguishing these concepts. Both in legislation in general and in the Law “On Legal and Legal Entities” in particular, these concepts are often confused and used as identical ones.

Meanwhile, the corresponding interpretation of the norms of the Constitution was given by the Constitutional Council of the Republic of Kazakhstan in Resolution No. 20/2 dated October 29, 1999 “On the submission of the Chairman of the Saryarka District Court of the city of Astana to recognize unconstitutional Article 36 of the Law of the Republic of Kazakhstan “On Normative Legal Acts”. The Constitutional Council explained that: “in paragraphs 2 and 8 of Article 62 of the Constitution of the Republic, the terms “come into force” and “entry into force” are used, which carry different semantic loads and denote unequal concepts. Thus, a bill considered and approved by the Mazhilis, and then adopted by the Senate of the Parliament of the Republic in the manner established by paragraph 4 of Article 61 of the Constitution, becomes law. But this does not mean that it has been given full legislative status, since it can acquire appropriate legal force only after the law is signed by the head of state (clause 2 of Article 62 of the Constitution of the Republic of Kazakhstan).

The signing of the law by the President of the Republic indicates that it has acquired a completed legal form, taken its place in the hierarchy of normative legal acts and joined the legal system of the state. But the fact that a law has acquired legal force does not yet mean the beginning of the regulation of social relations and therefore cannot entail the expected legal consequences, that is, it is not yet a valid law. The legislative process is not yet over.

The constitutional procedure provides for the mandatory promulgation of the law.

This follows from subparagraph 2 of Article 44 of the Constitution of the Republic of Kazakhstan, which establishes the constitutional obligation of the head of state to promulgate the law signed by him. This stage is the final stage in the legislative process. After the publication of a legislative act, we can talk about the actual implementation of the legal force of the law.

This clarification should dot all the i's and apply to the entire rulemaking process as a whole. However, unfortunately, we have to admit that to this day, most government bodies still do not clearly understand when their regulatory documents “come into force” and when “they are put into effect.” As a positive example, we can only cite the Supreme Court, whose regulations directly state that normative legal acts issued by the Supreme Court acquire legal force from the date of signing by its presiding officer and the secretary of the plenary session and are put into effect after their first official publication. The National Bank adheres to the same practice, as a rule, giving sufficient time for publication and review before putting into effect the issued regulatory legal acts. Other central government bodies, headed by the Ministry of Justice, prefer to get off with the standard phrase that the regulatory legal acts they issue “come into force from the date of state registration” (Order of the Minister of Justice of the Republic of Kazakhstan dated August 23, 2002 No. 125).

And the basis for such a conclusion was the extremely unfortunate wording of Article 38 of the Law “On Legal and Legal Entities”. It states that for normative legal acts subject to state registration with the Ministry of Justice of the Republic of Kazakhstan, on the one hand, “such registration is a necessary condition for their entry into force,” and on the other, “unregistered normative legal acts have no legal force.”

A reasonable question is whether normative legal acts issued in due order, but not registered, may have absolutely no legal force? I think not. It follows that normative legal acts issued by the central bodies of state power and signed by an authorized person, but for which subsequent registration with the Ministry of Justice is possible, acquire a completed legal form, take their place in the hierarchy of normative legal acts and merge into the legal system of the state by analogy with those explanations that were given by the Constitutional Council in relation to all laws of the Republic of Kazakhstan. However, the decision on the need for registration is the prerogative of the Ministry of Justice, therefore it is impossible to determine one hundred percent whether a given act is subject to registration or not. This takes time. Today, in practice, there are many cases when a document sent for registration received a conclusion that it was not subject to registration. Or, let’s say, there are many directly opposite cases, when a certain order was not sent for registration and was used as a guide in law enforcement activities, but later it turned out that registration was required for it. These cases are also not uncommon due to the fact that there are no clear criteria for determining the need to register a particular normative legal act with the Ministry of Justice. The phrase “having universally binding meaning” is also not entirely clear. A normative legal act essentially contains legal norms, i.e. generally binding rules of behavior, designed for an indefinite number of people and repeated application. This is an axiom of legal theory. From the criterion of “generally binding” it follows that the Ministry of Justice must register all normative legal acts in general, or, on the contrary, all acts not registered with the Ministry of Justice are not normative legal acts.

The way out of this situation seems quite simple. It is necessary to clearly state in the law that all regulatory legal acts come into force after they are adopted in the prescribed manner and signed by authorized persons, unless other deadlines are specified in them. In fact, in this case we are talking about a basic normative legal act - an order approving a certain instruction. If this document does not require mandatory publication or registration with the Ministry of Justice, then it is put into effect at the same time. If required, therefore, it is put into effect after the registration procedure or publication. If registration was not completed or registration was subsequently canceled (which is in itself a topic for a separate discussion), then, by a new order, it must be declared invalid from the moment of publication.

Otherwise, we get incidents similar to the order of the Agency of the Republic of Kazakhstan for the Regulation of Natural Monopolies, Protection of Competition and Support of Small Business dated September 1, 2000 No. 189-OD “On approval of the Rules for the purchase of material and financial resources for production needs by natural monopoly entities on a tender basis.” It simultaneously stated that it came into force on a certain date and that it was subject to registration. However, it was subsequently never registered, but, according to our information, there was no order that it had lost its validity. What guides the persons for whom it was intended remains unclear.

In addition to the general procedure for the entry into force and implementation of regulatory legal acts, enshrined in the Law “On Legal Entities”, there are a number of options that are discussed in the table below.

Procedure for entry into force and official publication

normative legal acts, normative documents

and public law agreements

Document type	Procedure for entry into force and implementation	Official publication
International treaties	Come into force in the manner and terms provided for in the agreement or agreed upon between the parties (Article 27 of the Decree of the President of the Republic of Kazakhstan, which has the force of law, “On the procedure for concluding, executing and denouncing international treaties of the Republic of Kazakhstan” dated December 12, 1995 No. 2679)	Bulletin of international treaties of the Republic of Kazakhstan; interdepartmental - official publications of government bodies
Decisions of the Constitutional Council of the Republic of Kazakhstan	Come into force from the date of their adoption (Article 74 of the Constitution of the Republic of Kazakhstan dated August 30, 1995)	Bulletin of the Constitutional Council of the Republic of Kazakhstan
Constitution, constitutional laws, codes, laws, presidential decrees having the force of constitutional law and law	Come into force from the date of their adoption (Article 74 of the Constitution). They are put into effect upon the expiration of ten calendar days after their first official publication, unless other deadlines are specified in the acts themselves or the acts on their entry into force (Article 36 of the Law “On Legal and Legal Entities”). The Constitution, constitutional laws, laws, amendments and additions to them, decisions on other issues submitted to the referendum, adopted at a referendum, come into force from the date of publication of the official report on the results of the referendum, if in the Constitution, constitutional law, law, amendments and additions in them, in the decision adopted at the referendum, a different deadline is not established. (Article 34 of the Constitutional Law of the Republic of Kazakhstan “On the Republican Referendum”).	Gazette of the Parliament of the Republic of Kazakhstan. Official publication is also carried out by periodical printed publications distributed throughout the territory of the Republic of Kazakhstan and received such right on a competitive basis in the manner determined by the Government of the Republic of Kazakhstan.
Resolutions of the Parliament of the Republic of Kazakhstan, its chambers	Come into force after their signing. They come into force from the date of the first official publication, unless other dates are indicated in the acts themselves. (Article 36 of the Law “On Legal Entities”). The resolution on the implementation of laws is considered by Parliament together with the bill, signed by the Chairman of the Mazhilis and comes into force after the President of the Republic signs the law. (Clause 17 of the Rules of Procedure of the Parliament of the Republic of Kazakhstan dated May 20, 1996). The Rules of Procedure of the Parliament come into force on the date of its adoption (clause 132 of the Rules of Procedure of the Parliament of the Republic of Kazakhstan dated May 20, 1996). The rules of the Senate of the Parliament come into force from the date of its adoption by the corresponding resolution of the Chamber. (clause 172 of the Rules of Procedure of the Senate of the Parliament of the Republic of Kazakhstan dated February 8, 1996). The resolution of the Parliament comes into force on the day of its publication. (Clause 66 of the Regulations of the Mazhilis of the Parliament of the Republic of Kazakhstan dated February 8, 1996). Read also: Application for refund of state duty to the tax office: sample The Regulations come into force from the date of its adoption (clause 187 of the Regulations of the Mazhilis of the Parliament of the Republic of Kazakhstan dated February 8, 1996).	Gazette of the Parliament of the Republic of Kazakhstan. Official publication is also carried out by periodical printed publications distributed throughout the territory of the Republic of Kazakhstan and received such right on a competitive basis in the manner determined by the Government of the Republic of Kazakhstan.
Acts of the President of the Republic of Kazakhstan	Come into force after their signing. They are put into effect upon the expiration of ten calendar days after their first official publication, unless other deadlines are specified in the acts themselves or the acts on their entry into force (Article 36 of the Law “On Legal and Legal Entities”). Acts of the President of a normative nature are put into effect throughout the entire territory of the republic simultaneously after 10 days after their official publication, unless otherwise established by the President. Acts of the President of a non-normative nature come into force from the moment of their signing, unless otherwise established by the President (Article 25 of the Constitutional Law of the Republic of Kazakhstan dated December 26, 1995 No. 2733 “On the President of the Republic of Kazakhstan”).	Collection of acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan (SAPP). Official publication is also carried out by periodical printed publications distributed throughout the territory of the Republic of Kazakhstan and received such right on a competitive basis in the manner determined by the Government of the Republic of Kazakhstan.
Acts of the Government of the Republic of Kazakhstan	Come into force after their signing. They are put into effect upon the expiration of ten calendar days after their first official publication, unless other deadlines are specified in the acts themselves or the acts on their entry into force (Article 36 of the Law “On Legal and Legal Entities”). Orders are issued by the Prime Minister and are generally binding throughout the territory of the Republic of Kazakhstan. Orders are adopted on current and operational issues falling within the competence of the Prime Minister, their effect is limited to a one-time application (clause 3 of the Instructions on the procedure for preparing approval of draft regulatory legal acts of the Government and the Prime Minister and the rules for their execution (legal technique), approved by the Government Resolution Republic of Kazakhstan dated July 22, 1998 No. 678).	Collection of acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan (SAPP). Official publication is also carried out by periodical printed publications distributed throughout the territory of the Republic of Kazakhstan and received such right on a competitive basis in the manner determined by the Government of the Republic of Kazakhstan.
Regulatory legal orders of ministers of the Republic of Kazakhstan and other heads of central government bodies, regulatory legal decrees of central government bodies, regulatory decrees of the Central Election Commission, regulatory legal orders of heads of departments of central government bodies, regulatory legal decisions of maslikhats, as well as regulatory legal decisions of akimats and regulatory legal decisions of akims	Come into force after their signing. They are put into effect from the date of their adoption, unless other deadlines are indicated in the acts themselves; subject to state registration with the justice authorities - not earlier than state registration; relating to the rights, freedoms and responsibilities of citizens - after ten calendar days after the day of their first official publication, unless other deadlines are indicated in the acts themselves (Article 36 of the Law “On Legal and Legal Entities”). Regulatory legal acts of state bodies that are of generally binding significance, interdepartmental in nature or relating to the rights, freedoms and duties of citizens, with the exception of regulatory resolutions of the Constitutional Council, the Supreme Court of the Republic of Kazakhstan, are subject to state registration with the justice authorities and come into force from the date of state registration (Article 36 - 38 of the Law “On Legal Entities”).	Official publication is carried out by periodical printed publications distributed throughout the territory of the Republic of Kazakhstan and received such right on a competitive basis in the manner determined by the Government of the Republic of Kazakhstan. The official publication of regulatory legal decisions of maslikhats, regulatory legal decisions of akimats and regulatory legal decisions of akims is carried out in periodicals distributed in the territory of the corresponding administrative-territorial unit. See also the list of official periodicals that can be searched in SPS JURIST**
Legislative acts on taxation issues	Legislative acts of the Republic of Kazakhstan introducing changes and additions to the Tax Code to establish new taxes and other obligatory payments to the budget, change the rates and tax base of existing taxes and other obligatory payments to the budget, can be adopted no later than December 1 of the current year and put into effect no earlier than January 1 of the year following the year of their adoption (Article 3 of the Code of the Republic of Kazakhstan “On taxes and other obligatory payments to the budget” dated June 12, 2001 No. 209-II).	See the procedure for publishing acts of the relevant authorities
Regulatory resolutions of the plenary session of the Supreme Court of the Republic of Kazakhstan	The normative resolution of the plenary session acquires legal force from the day it is signed by the presiding officer and the secretary of the plenary session and is put into effect after their first official publication (clause 39 of the Rules of the plenary session of the Supreme Court of the Republic of Kazakhstan, approved by the resolution of the plenary session of the Supreme Court of the Republic of Kazakhstan dated August 16, 2001. No. 6).	Newspapers “Egemen Kazakhstan”, “Kazakhstanskaya Pravda”, “Zan”, “Yuridicheskaya Gazeta” and the magazine “Bulletin of the Supreme Court”.
Regulatory legal acts of the General Prosecutor's Office of the Republic of Kazakhstan	The Prosecutor General adopts, within his competence, the following regulatory legal acts: on the application of the norms of the Criminal Procedure Code and the legislation of the Republic of Kazakhstan on operational investigative activities, mandatory for execution by the bodies of inquiry and investigation, as well as by bodies carrying out operational investigative activities; on issues of legal statistics and special accounting, mandatory for all subjects of legal statistics; other regulatory legal acts in accordance with this Law and other legislative acts of the Republic of Kazakhstan (Article 11 of the Law of the Republic of Kazakhstan dated December 21, 1995 No. 2709 “On the Prosecutor’s Office”). However, the status of normative legal acts of the prosecutor’s office is not separately stipulated in the law “On Legal Entities”.	Magazine “Law and Time - Zan Zhane Zaman”
State standards	According to Art. 2 of the Law “On Legal Regulations” it does not determine the procedure for the development, presentation, adoption, enactment, action, publication, amendment, addition and termination of regulations containing technical and technological norms and standards. However, a number of SanPINs and SNIPs were registered with the Ministry of Justice. The procedure for the development, revision, approval, approval, state registration, enactment, application of state standards and classifiers of technical and economic information, as well as their maintenance, is established by the authorized state body for standardization, metrology and certification. State standards and classifiers of technical and economic information that are not registered in the register of the state standardization system are not subject to application (Article 10 of the Law of the Republic of Kazakhstan dated July 16, 1999 No. 433-1 “On Standardization”).	The exclusive right to officially publish international, interstate and national standards of foreign countries, state standards, standards of scientific, technical, engineering societies and other public associations and classifiers of technical and economic information belongs to the authorized state body for standardization, metrology and certification. The official publication of adopted normative documents on standardization must be carried out in accordance with the procedure established by the state standardization system.

I.Yu. Loskutov, Head of Production

department

Note:

* The dates for the entry into force of legal acts and public law agreements given in the table apply if the legal acts and public law agreements themselves do not provide for other dates for their entry into force.

** List of official periodicals that can be searched in ATP LAWYER: newspaper “Kazakhstanskaya Pravda”; newspaper "Egemen Kazakhstan"; "Official Gazette"; "Legal newspaper"; newspaper "Zan Gazeti"; newspaper "Evening Almaty"; newspaper "Evening Astana"; newspaper "Councils of Kazakhstan"; newspaper "Rudny Altai"; newspaper “Your Right”; Gazette of the Parliament of the Republic of Kazakhstan; Gazette of the Supreme Council of the Republic of Kazakhstan; Gazette of the Supreme Council of the KazSSR; Collection of acts of the President and Government of the Republic of Kazakhstan (CAPP); Collection of resolutions of the Council of Ministers of the KazSSR; Bulletin of the Arbitration Court of the Republic of Kazakhstan; Bulletin of the Supreme Court of the Republic of Kazakhstan; Bulletin of international treaties of the Republic of Kazakhstan; Bulletin of the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan; Bulletin of the Ministry of Finance of the Republic of Kazakhstan (FIB); Bulletin of normative legal acts of the Republic of Kazakhstan; Bulletin "Industrial Property"; Bulletin of the Constitutional Council of the Republic of Kazakhstan; Bulletin of the Ministry of State Revenue of the Republic of Kazakhstan; Bulletin of the National Bank of Kazakhstan; magazine “Zan Zhene Zaman” (“Law and Time”); magazine “EurAsEC Information Bulletin”; magazine “Information Bulletin of the IPA CIS”; magazine "Securities Market of Kazakhstan".

How does the date of familiarization of the employee with the act affect the entry into force of the act?

Another point that an employer needs to take into account when approving and amending local acts concerns the rule established by Part 2 of Art. 22 Labor Code of the Russian Federation. It states: employees must be familiarized with all local regulations adopted by the organization and directly related to their work activities.

Will the local act be applied to the employee before the employee signs the act familiarization sheet? Or, when developing local acts, does the employer need to include a time lag for employees to familiarize themselves with the published document?

The Labor Code itself does not contain a rule stating that a local regulatory act is not applied to an employee until he becomes familiar with the provisions of this local act. And judicial practice directly confirms the opposite - acts come into force regardless of the date of familiarization with them by one or another employee (ruling of the St. Petersburg City Court dated 08.23.10 No. 11564; appeal rulings of the Arkhangelsk Regional Court dated 07.04.13 No. 33-3933/ 2013, Moscow City Court dated June 20, 2012 No. 11-6193, Chelyabinsk Regional Court dated September 30, 2013 No. 11-10255/2013).

It turns out that the employee’s familiarization with the local act is purely technical in nature and does not in any way affect the date of entry into force of the local act itself. The document comes into force simultaneously throughout the entire organization (or individual entrepreneur) and immediately applies to all employees, unless, of course, the employer itself has established any special rules for the entry into force of the document.

Note that everything said above concerns not only the adoption of new local acts, but also amendments to existing documents, as well as the repeal of acts. Indeed, in order to make changes and to cancel, the employer must issue a corresponding document - an order or regulation, which in essence will also be a local act (see “Local normative acts: what are they, what acts must the employer adopt, how to apply them "). This means that they will be subject to the above rules of entry into force.

The right to sign primary documents: order or power of attorney?

Article 9 of the Federal Law of December 6, 2011 N 402-FZ establishes that every fact of the economic life of an organization must be documented in a primary accounting document (agreement, invoice, invoice, cash order, act, etc.). At the same time, the Ministry of Finance of Russia, commenting on the provisions of this law in Information of the Ministry of Finance of Russia N PZ-10/2012, expressed the opinion that each manager is obliged to approve the list of persons authorized to sign such documentation.

In the current legislation there is no rule that imperatively establishes a method for vesting employees with such powers, therefore, in this matter, one should focus on the established customs of document flow, according to which the authority to sign can be transferred:

by approving the relevant order;
using a power of attorney to sign the primary document.

The principle of distinguishing between these two approaches is that the effect of the order applies only to the employees of the organization, while the power of attorney applies to any persons specified in the paper. The preparation of these documents is regulated by different sources of law - in the first case, this is the Labor Code of the Russian Federation, and in the second, the Civil Code.

The choice between two regulatory sources depends on the goals pursued by the manager: if it is assumed that it will be necessary to sign internal corporate documentation, then the optimal solution is to issue an order. If you plan to sign and transfer papers outside the company (for example, cover letters for the shipment of goods or invoices), then it is preferable to choose a power of attorney. For security purposes and protection of trade secrets, many are afraid to transfer such serious powers to third parties who are not employees of the company, so the practice of orders is the most common. However, in cases where the manager intends to entrust an employee with a number of small tasks and is not ready to give him the right to sign in a global sense, then he can also issue a power of attorney for him.

However, in both acts it is necessary to indicate: personal data of the authorized person; names of papers that it can sign. Also, in both cases, the head of the company should certify a sample signature of the authorized person, which should be placed in a separate column of the form.

Features for internal labor regulations (ILR)

Internal Labor Regulations (ILR), according to Art. 189 of the Labor Code are a local regulatory act. But at the same time, PVTR is a special local act. A separate article is devoted to the procedure for approving PVTR - Art. 190 Labor Code of the Russian Federation. However, there are no separate provisions that regulate the procedure for the entry into force of the Rules in this article. This means that in this part the PVTR are subject to the general rules for the entry into force of local acts. That is, the new PVTR, as well as the new edition of the Rules already existing in the organization, begin to be applied from the moment specified in the order on their approval, or on making appropriate changes to the PVTR, and if this is not specified, then from the moment the order itself is issued.

However, internal labor regulations stand apart from local acts. After all, according to Art. 189 of the Labor Code of the Russian Federation, they regulate the basic rights, obligations of the parties to an employment contract, working hours, rest time and other essential aspects of the labor relationship between employees and the employer. This means that in some cases, approval or amendment to the PVTR may entail a change in the terms of employment contracts concluded with employees. For example, this can happen when changes are made to the PVTR in terms of working hours or in terms of wages. Accordingly, in this case, amendments to employment contracts will be required. Indeed, in this situation, it is the employment contract that will have priority as an act (see “Local regulations: what they are, what acts the employer must necessarily adopt, how to apply them”). This means the following. When deciding on the date of entry into force of the PVTR (amendments thereto), which conflict with employment contracts, the employer must “budget” the time required to make changes to the employment contracts.

As for making appropriate changes to the employment contract, you need to remember the general rule: such changes are made by agreement of the parties in the manner prescribed by Art. 72 Labor Code of the Russian Federation. Accordingly, the updated version of the PVTR will be applied from the date agreed upon by the parties and specified in the additional agreement to the employment contract. This means that in most cases, the date of entry into force of the PVTR (or amendments to them) can be made uniform, so that it does not happen that some employees are already working according to the new edition of the Rules, while others are still guided by the old one.

If the introduction of changes to the PVTR is associated with a change in the organizational or technological conditions of production (work), then the employer receives the right to change the terms of the employment contract unilaterally, as provided for in Art. 74 Labor Code of the Russian Federation. Here you need to remember that employees must be notified in writing of changes no later than two months in advance. Until the expiration of the specified period, the new Rules cannot be applied to these employees, even if they officially come into force.

In conclusion, we note that in some cases, adjustments to employment contracts may be required not only when issuing (amending) PVTR, but also in the case of other local acts. Changes are necessary if the norms of a local act will affect provisions previously stated in the employment contract (for example, this may happen when approving a provision on bonuses or wages). Therefore, when creating, amending, or canceling local acts, you should check whether the acts conflict with existing employment contracts.

Order to cancel the order: main features of the document

There is no single unified form of order for canceling a previously issued order. Each enterprise can independently develop such a form or issue similar orders in free form. This document is most often filled out by an employee of the personnel department or the secretary of the organization, who subsequently submit it to the director for signature. The order is printed in two copies, one of which goes to the personnel department, the second to the accounting department. If there is a certain need, you can make a third copy for the interested party. All copies of the order must be signed by responsible persons and, if necessary, certified with the seal of the organization.

FILES

Decrees and orders of the President, what is the difference?

An act of the President is a document that takes the legal form of the Constitution of the Russian Federation, expresses the decisions of the authorities and respects constitutional powers. The President, as the head of a government body, can issue both decrees and orders. After the publication of the law, any citizen or enterprise must comply with and adhere to the regulations of the law throughout the entire territory of the Russian Federation.

But it is no secret that more than one President is working on the publication of a law, a legal act. The entire Presidential Administration is working on this. The law is adopted with the help of fellow deputies, by voting. And if it comes to a presidential decree, then voting does not play any role, because the order obliges everyone to comply with its conditions.

Support us - the only source of reason in these difficult times

In isolation

The coronavirus also “decimated” the ranks of the State Duma: instead of 450 people’s representatives, only 338 were present in the hall on March 31. As explained by the head of the Committee for Control and Regulations Olga Savostyanova, some of them are on sick leave, some are in self-isolation. Also among those absent were those who surrendered their mandates. The number of the latter was not specified, however, as it was explained to Izvestia in parliament, deputies who were over 65 years old did not come to the meeting. However, this did not affect the unanimous adoption of a package of eight anti-virus bills.

The deputies voted like clockwork: clearly, without questions or discussions - they, as State Duma Speaker Vyacheslav Volodin noted, took place in committees and three meetings the day before. Even the communists, who usually do not restrain themselves in criticism, remained steadfastly silent. As a result, it took only about two hours to adopt important documents for the country in three readings at once.

Deputies at the plenary meeting of the State Duma of the Russian Federation on March 31, 2020

Photo: press service of the State Duma

— Deputies ensured the adoption of laws aimed at implementing the measures proposed by Vladimir Putin in his address to citizens. Despite the short deadlines, all initiatives were worked out by relevant committees, discussed by factions, and they all agreed on the need to support them. This is important because we are talking about supporting people,” the State Duma speaker emphasized.

He paid special attention to the wide range of powers that the Russian government will receive. He also recalled the amendments to the Code of Administrative Offenses and the Criminal Code of the Russian Federation that tighten liability for violation of self-isolation and quarantine, emphasizing that they will be of a “preventive and proactive nature.”

At the meeting of the Federation Council, which took place three hours after the deputies voted, 130 out of 170 senators were present. As the speaker of the upper house Valentina Matvienko noted, the day before the parliamentarians were tested for coronavirus and the results were all negative. Nevertheless, some of the senators decided to protect themselves at the meeting with a mask.

Members of the Federation Council of the Russian Federation at an extraordinary meeting on March 31, 2020

Photo: RIA Novosti/press service of the Federation Council of the Russian Federation

Like the lower house, the Federation Council voted unanimously for all bills. At the same time, senators, unlike deputies, were still interested in: how to explain to citizens at the everyday level why they can receive up to seven years in prison if they go out onto the street? And also, why do we need a new standard of punishment for fakes, if such a law has already been adopted? And will there be any explanatory work on the new laws?

“After the adoption of this law, there must be the most detailed explanations, taking into account all the nuances, so that people who violate the regime against their will will not be punished. The mayor of Moscow said that there will be passes, and senators are already asking me when they will be given them. And I gave them an example on the Internet that the most popular passes are the five thousand ruble bill. This, of course, is a joke, but in reality all this must be brought to an end,” said Valentina Matvienko, noting that this is why not all laws that parliament passes work.

What are the requirements for issuing a court order?

If we rely on Art. 122 of the Code of Civil Procedure, then a court order can be issued based on the following requirements:

collection of alimony for children who have not reached the age of majority (if the disagreements have no connection with establishing paternity or challenging it);
tax debt proceedings;
non-payment of wages to the worker;
a request for the return of costs associated with the search for the debtor, or those related to the saving of seized property that was taken from the defendant.

Note! It is worth noting that in order to obtain an order from a judicial officer, you will need to send an application to the magistrate's court. This application must be handwritten and based on the provisions of Article 124 of the Code of Civil Procedure.

Justice authorities

In what cases does the order take effect at the wrong time?

Court order

In some cases, the order becomes valid slightly outside the time period specified in Art. 321 Civil Code. The provided list of situations in which the date of entry of the decision changes slightly is prescribed in Art. 211. These include the following decisions:

rehabilitation of a person at work;
compensation of wages to a person who has an official income (for a three-month period);
requirement for payment of alimony.

Another emergency case is the immediate execution of the conclusion by the justice authorities. It can be carried out at the request of the applicant, but for this he must meet certain conditions:

the presence of special factors that cannot wait for such a long period of time allotted for a final decision, as they can lead to irreparable damage to the applicant;
the presence of a proper application to be presented at the hearing;
the applicant’s ability to ensure a reversal of the court decision if it is not accepted by higher authorities.

Time of payment of alimony