Journal of registration of contracts under 44 Federal Laws. Contract registration log

Last changes

On 08/07/2019, Government Resolution No. 973 of 07/27/2019 came into force.
It changed Part 11 of Government Resolution No. Government Resolution No. 1132 of October 31, 2014 on the procedure for maintaining a register of procurement contracts under 223-FZ. And from September 28, 2019, information will have to be generated and sent to the contract register in a new way. Order of the Ministry of Finance No. 113n dated July 19, 2019 comes into force. The same order cancels the previous regulatory act No. 136n dated November 24, 2014. The key provisions have not been changed. We collected innovations in a table.

Order on approval of contract register forms

The order approving the forms of registers of agreements (contracts) actually turns out to be normative legal acts on the procedures for maintaining the specified register - Decree of the Government of the Russian Federation of November 28, 2013 (as last amended) No. 1084 “On the procedure for maintaining the register of contracts concluded by customers and the register contracts containing information constituting a state secret" (together with the "Rules for maintaining a register of contracts concluded by customers" and "Rules for maintaining a register of contracts containing information constituting a state secret") - and about the procedure for generating information, as well as the exchange of data and documents between the customer and Federal Treasury - Order of the Ministry of Finance of Russia dated November 24, 2014 (as last amended) No. 136n “On the procedure for generating information, as well as the exchange of information and documents between the customer and the Federal Treasury for the purpose of maintaining a register of contracts concluded by customers.”

Why are registers needed: general provisions

The register of contracts is used by participants in the contractual process to record concluded transactions and is an internal record keeping tool. Any transaction after signing is registered by responsible persons. After the contract has been submitted for registration, it is assigned a unique number by which it is registered in the organization.

There is no standard form for the register of contracts, so each organization draws it up independently, based on its needs and the specifics of its activities. The register of contracts includes the following information:

• name of the customer and supplier;
• contract price;
• source of financing;
• purchase identification code;
• method of determining the supplier;
• date of summing up the results of the procurement procedure;
• object of purchase;
• details of the document confirming the basis for concluding the contract

This is indicated in parts 2, 3 of Art. 103 44-FZ.

How contract numbers are assigned

As already mentioned, one agreement will be registered with each of the organizations that is a party to it. The company that will register first will write its number next to the word “Agreement” on the first page of the document:

AGREEMENT No.1234

paid provision of services

The second organization can go two ways.

• The simplest and most common way is to write your number as a continuation of the first one, separated by a slash:

AGREEMENT No.1234/4321

paid provision of services

1. A less common way: put a stamp on the back of the last page of the document and write your number and the date of your registration in it:

In this case, the contract will appear everywhere and always under the number indicated on the first page (“Contract for paid services No. 1234” in our example), and the number from the stamp will be used only within the company that supplied it.

What is the difference between procurement bases?

Let's figure out what a register of contracts and a register of agreements are, how to properly maintain them and how they differ from each other.

The register of contracts under 44-FZ is a database that contains information about all agreements that are concluded by customers in accordance with the norms of the Federal contract system. Please note that it is correct to call it a register of contracts.

The register of contracts, according to the norms of Law No. 223, includes information about agreements concluded by certain types of legal entities as a result of procurement in accordance with the norms of Federal Law 223.

A register of contracts 223-FZ and 44-FZ is maintained on the EIS website.

There are exceptions, they are established by law. Information on procurements that constitute state secrets is not submitted to the Treasury. Data on purchases worth up to 100,000 rubles and others specified by 44-FZ and 223-FZ are not included.

The obligation to submit data for accounting of agreements under 44-FZ is assigned to customers (or authorized persons) and to budgetary institutions, state and municipal enterprises. Data in the register of contracts - sample according to 223-FZ is entered by the customer (or an authorized person).

Violation of the procedure for providing information is subject to administrative liability.

Contract log as a stage of contractual work

To carry out this function, a separate employee is usually allocated in the secretariat, legal department or accounting department, or this work is entrusted to him from time to time (responsible employee). This employee maintains a contract log

, which takes into account the database of concluded and agreed documents. It is necessary to distinguish between the roles of those responsible for registration and those responsible for approving the document. The person responsible for approval goes around with the approval sheet attached to the project to the approving persons, while the document has not yet been approved and signed. At the same time, the employee responsible for registration takes into account, as a rule, economically viable contracts that have already been signed and reflected in the accounting system (mostly 1C).

Register of contracts

often maintained in Excel, the form of this register, as a rule, is not maintained, but is an arbitrary summary table, which usually contains the following columns:

• serial number and registration record number
• type of contract
• amount (price) of the contract
• parties to the contract (our organization and the counterparty)
• date of conclusion (signing)
• validity period (if available)
• presence of changes, additional agreements, links to scanned documents online
• contract status (under approval, signed, terminated, etc.)
• responsible officer
• any other information (for example, essential terms)

Sample register of contracts

You can download an example of how to fill it out using this link.

How to enter information into the database according to 44-FZ

Information and documents are submitted to the Federal Treasury through the Electronic Budget system. Enter it through the Unified Portal of the Budget System of the Russian Federation, but it is more convenient to do this through the government customer’s personal account in the Unified Information System.

In order to generate information about the agreement in the personal account of the Unified Information System, you must click on the “Generate information about the contract” button.

After the form for filling out registration data opens, the contractor needs to fill out the tabs step by step:

Step 1. General information.

On this tab, information about concluded agreements is filled in. To fill out the form, find the corresponding notice, and the basic parameters will be filled in automatically.

The fields “Purchase No.”, “Unique schedule position number”, “Purchase identification code” and “Method of identifying supplier” are not available for further editing.

Step 2. In the “General Data” block, information about the details of the document confirming the basis for concluding a contract, the basis for concluding a contract with a single supplier or using a closed method (if necessary) is entered.

The date of conclusion and the method of indicating the contract price (selected from the following values: price, approximate price value or maximum price value) and the presence of an advance are also indicated here. The price is recorded in the currency of the agreement.

Then the number of stages and the start date of the agreement are recorded.

The register entry number will be generated automatically after the publication of information about the contract. The document completion date is filled in automatically. After entering data into all cells, the file must be saved and checked for violations.

Step 3. Additional information. In this tab, you should indicate parameters about ensuring the execution of the contract and information about savings when concluding an energy service agreement.

Step 4. “At the expense of budgetary funds” - a tab that indicates the source of funding and the budget classification code.

Step 5. “At the expense of extra-budgetary funds” - similar information for agreements concluded under extra-budgetary funds.

Step 6. Purchasing object - information about the subject of the order from the selected position of the schedule plan.

Step 7. Next, fill in information about suppliers. The data is filled in in accordance with the register entries in the Unified State Register of Legal Entities and Unified State Register of Individual Entrepreneurs.

Step 8. To complete the formation of information about the contract, you must fill out the “Documents” tab. To do this, scan the necessary documents, if they are on paper, and attach the files to the web form. If the document is generated in electronic form (for example, following an auction in electronic form), attach a file with this document. Files must be in common open formats to be viewable using publicly available software.

The information and documents entered are signed with the electronic signature of a person who acts on behalf of the government customer.

What is considered the date of the contract?

According to the civil legislation of Russia (Article 425 of the Civil Code of the Russian Federation), the contract comes into force and becomes binding on the parties from the moment of its conclusion. And when this moment comes, let's figure it out.

Option one, the simplest: representatives of the parties to the agreement got together, signed the agreement in the required number of copies and, satisfied, shook hands. Then the date of the contract does not raise any questions. The document numbers will be different, but the date will be the same.

Option two is complex and most common. The parties to the agreement may be located in different cities, or at least in different parts of the same city. One of the parties, who agrees in principle to sign the contract, can carry out the procedure for its internal approval within a month. And you never know what other difficulties will arise, but the essence is the same: the first party has already registered the document, assigning it a number and date, but the second has not yet, and when this will happen is unknown.

In this case, we reopen the Civil Code and read Article 433 (clause 1): “the contract is recognized as concluded at the moment the person who sent the offer receives its acceptance.” Simply put, if the parties decide to enter into an agreement, then one of the parties prepares it in writing, registers it and sends it to the other party. This is an offer. It is very important to send the offer with a covering letter, by registered mail with acknowledgment of receipt! The second party accepts (accepts) the offer, and then the date of the contract will be considered the day when the acceptance occurred. The date is confirmed simultaneously in two ways: 1) receives the incoming number and registration date, 2) the date of receipt of the letter is indicated on the notification and the card is returned to the sender.

Deadlines for publication and amendments to 44-FZ

It is maintained electronically on the “Electronic Budget” portal. If necessary, create and print a list of contracts in your personal account. Click on the “Print form of the register of contracts” button on any of the tabs except “Preparation of information”. The form contains posted data about contracts, changes, execution or termination. Data is grouped by budget level and displayed in separate browser windows.

The deadline for sending information is 5 working days from the date of conclusion, amendment, termination or execution of the contract, acceptance of goods (work, services) (Part 3 of Article 103 44-FZ).

The customer is obliged to make corrections within one business day if the Treasury identifies errors during verification. Otherwise, the information will not be included in the database. Also, changes should be made as soon as possible if the customer independently discovers errors.

To correct in the Electronic Budget system, correct the fields with erroneous information, attach the correct documents, then sign and send the corrections to the system.

IMPORTANT!

From 07/01/2018, the supplier’s postal address is indicated in the contract conclusion information.

After the date of sending the information to the register, the Federal Treasury sends a message to the customer within 1 hour. After that, within 3 working hours. days Treasury:

• checks (hardware and software);
• sends to the customer a protocol that contains a list of identified inconsistencies and the reasons why information and documents are not included in the register of contracts.

Within 1 working day, the customer is obliged to correct the comments and send the information again.

After the date of inclusion of the register entry, within 1 business day, the Federal Treasury sends the customer an email. in the form of a notification about the inclusion of a registry entry in the contract database.

Information in the register of those contracts that contain state secrets is compiled in accordance with Order of the Ministry of Finance No. 130n dated December 23, 2013. Such registry entries are assigned a unique number.

Customers should be aware that a Government Decree is in development, suspending until 01/01/2019 the effect of RF PP No. 1084 dated 11/28/2013 in terms of paragraphs 10 and paragraphs. “c” clause 14, which defines mandatory verification of information that the customer enters into the register of contracts. The regulatory authorities will not verify the accuracy of the following information on contracts until 01/01/2019:

• period of execution;
• quantity of goods, volume of work (services);
• unit of measurement;
• execution, termination;
• conditions for the accepted budget commitment.

We wrote more about this in the article “The Treasury will not touch customers until 2020.”

Contract registration log

Agreements are registered in a special accounting form - the Agreement Registration Journal.

Let's consider what information needs to be entered in each column of the journal.

1. Record number.
   Not to be confused with the contract number! This is the serial number of the entry made in the journal.
2. The contract number
   is the number that will be considered “official” for this document.
3. Date of entry.
   Not to be confused with the contract date! This is the date of the day when information about the agreement is entered into the journal.
4. Agreement date.
   How to determine the contract date, read below.
5. With whom the contract was concluded.
   Name of the counterparty. It is recommended to write first the name of the organization, and then the form of ownership, without quotation marks: not Scarlet Sails LLC, but Scarlet Sails LLC.
6. Who signed the agreement?
   Last name and initials of the executive from among the top managers of the organization who signed the agreement. The signatory is indicated only on the part of the company that maintains the journal.
7. What is the agreement about?
   Information that this is a contract or purchase and sale agreement is not enough. It is advisable to describe in detail what the agreement is about. This will make it easy to find the required document if several contracts have been concluded with the same counterparty.
8. Applications.
   List of annexes to the agreement, if any.
9. Contract time.
   The date or event of the end of the contract (for example, “full fulfillment of obligations”).
10. Contract extension.
    If the agreement contains a provision for its extension, then it must be reproduced in this column. This way, it will be clear which contracts need to be re-signed and when, and which ones will renew on their own, or vice versa - when you need to take the necessary actions so that the extension does not happen.
11. Contract supervisor (department, full name).
    Information about the employee who maintains this contract.
12. Note.
    Additional information if available.

How to enter information into the database according to 223-FZ

The customer maintains a register of contracts under Federal Law 223 through the “Electronic Budget”. Using this system, information and attached documents are sent to the treasury. It is used to fill out the appropriate web interface forms or send information from the UIS, which is used to generate information.

To create a record of an agreement in the Unified Information System, it is recommended to follow the proposed instructions on how to properly maintain a register of contracts:

Step 1. On the page with the list of contracts, click on the “Create contract information” button.

Step 2. Fill out the “Contract Information” tab.

In this case, the contractor has the opportunity to use a contract template by selecting a template from the list.

Create the entry manually. To do this, a notice is selected, on the basis of which information about the concluded contract is generated.

Step 3. Then fill in the supplier information. Information about the contractor can be downloaded from the lists of the Unified State Register of Legal Entities and Unified State Register of Individual Entrepreneurs.

Step 4. All necessary data about the subject of purchase is entered.

Step 5. Then scanned copies of documents (for traditional procurement) or electronic documents (for electronic procurement) are attached.

The generated file is signed by an authorized representative of the customer using an enhanced qualified electronic signature.

Reminder system for late fulfillment of contract obligations

The program provides the ability to track deadlines for fulfilling contractual obligations.

Contractual obligations (contract stages)

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If the parties to the contract violate their obligations, an employee of the organization will receive a notice of overdue obligation . The program generates reports with information on the fulfillment of contractual obligations, including data on the number of days the obligation is overdue.

https://youtu.be/EkGyATTFQOg

Notifications in IT Audit are sent by e-mail and displayed in the program

Deadlines for publication and corrections under 223-FZ

Data and documents are sent to the Federal Treasury within three working days from the date of conclusion of the agreement. In case of change, execution or termination, information is entered within 10 days from the date of occurrence of these events.

If the customer receives a refusal to include information in the database, within three working days from the date of receipt of the Federal Treasury protocol on the refusal, he creates the missing information and documents or finalizes them appropriately. And then send the changed data to the Federal Treasury in the same order as the original ones.

Employment contracts: must be registered

“There is not a word about the registration of employment contracts in the Labor Code,” some inexperienced office workers may object, and they will be only partly right. Irina Murnina, an office management consultant, author and seminar leader, shares her practical experience.

The Labor Code of the Russian Federation describes in great detail the content, terms, procedure for concluding many other aspects of the employment contract, the most important document for the relationship between the employee and the employer.

Employment contracts are drawn up, registered and stored by the organization's personnel service.

Where the staffing level is small (in practice, no more than 100 people), personnel work, as a rule, is assigned to the chief accountant or the manager's secretary.

The assignment of responsibilities for conducting personnel work must be formalized by order of the manager. Accordingly, employment contracts are maintained and stored either by the organization’s personnel officers or by officials authorized to conduct personnel work.

The optimal option is when the employment contract and employment order are drawn up on the employee’s first working day. The agreement is drawn up, dated, signatures and the seal of the organization - on the spot, it would seem, it can be handed over to the employee (Article 67).

But it’s too early to issue it, because after registration the employment contract must be entered into the registration form.

“There is not a word about the registration of employment contracts in the Labor Code,” some inexperienced office workers may object to me, and they will be only partly right, because the Labor Code is a federal law that should not and cannot prescribe obvious facts in detail.

What about the numbering?

Registration of a document records the fact of its creation or receipt by the organization. Let’s say the contract was drawn up, signed, the date was set, but the number was not. That is, the document was created, but this fact was partially recorded. Either they forgot or didn’t want to: “Why do we need extra bureaucracy?”

Well, then in court the problem may arise of proving the authenticity of such an agreement, its execution in the manner prescribed by law and within the time limits established by law.

And the law says absolutely clearly: “In writing no later than three working days from the date of the employee’s actual admission to work” (Article 67 of the Labor Code of the Russian Federation). And the one who violated this law will be guilty.

Employment contract

If registration is carried out on paper, then such a journal must have numbered pages, stitched, laced and certified by the signature of the head and the seal of the organization.

And taking into account those who have already quit... But in practice, everything is possible with us, so it’s better to play it safe.

The form of the journal is arbitrary, but all the necessary data is entered into it, allowing you to quickly find the document.

The journal of registration of employment contracts, for example, may contain the following chapters:

• Date and number of the employment contract Full name an employee with whom an employment contract has been concluded.
• Position, place of work, contact phone number.
• Type of work (main, part-time).
• Duration of the employment contract.*
• Availability of a probationary period (start and end date).
• Date and number of the employment order.
• Dates and numbers of amendments to the employment contract.
• The number of the case in which the employment contract is filed.

* Indicate fixed-term or for an indefinite period, indicate the start date of work, for fixed-term employment contracts - also the end date.

If necessary, you can supplement this table with other columns or exclude positions that are unnecessary, from the point of view of a specialist.

The contract number can be a regular serial number according to the order of registration, or it can be supplemented with a digital or letter designation of the structural unit to which the employee was hired, and other additional codes that allow for prompt and high-quality search and information and reference work with employment contracts.

The employment contract is drawn up, executed and signed by both parties in two copies. For certain categories of employees, it may be possible to draw up an employment contract in a larger number of copies (Article 67 of the Labor Code of the Russian Federation).

The signature of the employer's representative is affixed with the seal of the organization (for employers - legal entities), and for the employee, the full passport data is indicated.

One copy of the registered employment contract is handed over to the employee against a signature on another copy, which will be kept by the employer (See the above article of the Labor Code).

We invite you to familiarize yourself with: Termination Agreement, sample and example

Moreover, the employee personally and by hand makes a note on the original contract: “One copy of the employment contract dated 00.00.

The employee may also sign for receipt of a copy of the employment contract in the appropriate column of the Employment Contracts Register. This is completely optional, is not regulated by law, and the absence of a signature in the journal (unlike the original employment contract) is not a violation.

In practice, quite often an employment contract is drawn up in one copy, which is kept by the employer. At best, the employee is given a certified copy or simply (without certification) a photocopy of the employment contract.

We remind you that a photocopy is not a document, and such “innovations” in order to save time and/or hide direct information from the employee about his work in a given organization are a clear violation of the law, in particular, the already mentioned Article 67 of the Labor Code.

You shouldn’t expect that you can somehow “get away with it.” The case may not go to court, but the next inspection will reveal this violation, will definitely punish you and will force you to comply with the violated rule of law within a month. So “saving time and paper” at the current stage may backfire in the future.

Important! The written form of concluding an employment contract, drawing it up in two copies and then handing over one copy to the employee is mandatory, both for the main job and for part-time work.

The copy of the employment contract that remains with the employer is usually filed in a personal file (for civil servants), which is stored in accordance with Art.

656 of the List of standard administrative archival documents generated in the process of activities of state bodies, local governments and organizations, indicating storage periods, indicating storage periods of 75 years with subsequent delivery to the archive.

If the personal files of employees are not maintained, then the employees’ employment contracts are formed into a separate file.

Currently, the community of record managers and archivists is discussing the feasibility of reducing the storage period of personnel documents to 50 years. But even with this approach, the shelf life of employment contracts remains very significant, i.e.

These documents serve as an evidence base if problems arise not only during the period of work for a particular employer or immediately after dismissal, but during the period of calculating an old-age pension, in case of incorrect filling out, or loss of the work book.

With the help of employment contracts, they confirm periods of work, the presence of harmful and (or) dangerous working conditions and many other factors affecting the size of the pension, which for all of us, like winter for public utilities, will come completely unexpectedly, but inevitably.

I.V. Murnina

office management consultant, author and seminar presenter

The necessary columns are configured in the list of contracts

The table with a list of contracts is configured taking into account the required fields:

Available columns in the contract journal

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https://youtu.be/Pp3QTHllHPc

Classification of contracts by category

To quickly select contracts or documents of a certain type, the program uses the contract category . For example, the following values ​​are usually used as a document heading:

• supply agreement
• lease contract
• employment contracts
• job orders
• vacation orders

The necessary headings are configured in the Document Headings .

Document categories

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Creating an agreement using a template, registering agreements

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