We destroy documents with and without an expert commission
This is why thoughtlessly destroying documents is risky. When deciding to destroy documents, you must be guided by the main criterion - the storage period. If it has expired, then the document can be sent to the shredder (or oven) provided that you have correctly determined the expiration date.
Guided by this rule, you can make a list of documents of different “ages” that are subject to destruction in 2020: Year of completion in office work Storage period 1941 75 years 1971 45 years 2006 10 years 2011 5 years 2013 3 years 2020 1 year It is impossible to immediately select documents for destruction . First, a value assessment must be conducted.
In this case, shelf life will be the determining, but not the only selection criterion.
How not to make a mistake with the act date
In order not to violate the requirements of the law and not to accidentally get rid of documents whose storage period has not yet expired, it is necessary to correctly calculate these periods. The following must be taken into account:
- documents created before 2009 (inclusive) can be destroyed only if the storage period specified in the List of standard management documents approved by Rosarkhiv on 10/06/2000 has expired;
- Before destroying files with a registration date in 2010 or later, their storage periods must be checked against the list approved by Order of the Ministry of Culture dated August 25, 2010 No. 558.
Despite the fact that the list approved by Rosarkhiv on October 6, 2000 is not currently in effect, when destroying documents created during the period of its validity, it is necessary to be guided by the storage periods specified in it. This is due to the fact that Order No. 558, which put the 2010 list into effect, does not have retroactive force, that is, it does not apply to previously established relationships - otherwise it is not directly stated in it. And the individual terms of the 2000 list and the 2010 list do not coincide for the same types of documents.
When specifying the date of destruction of documents, it should be remembered that the destruction act is allowed to include those documents whose storage period has expired by January 1 of the year the act was drawn up. For example, a case from 2020 with a storage period of 5 years can be included in the act no earlier than 2021.
Minutes of the meeting of the expert commission on document destruction
There are two forms of the protocol: short and full.
An expired document may be useful in future work. It is possible that it may be of scientific, even historical value.
Required components:
- making a decision;
- place of compilation;
- Full name of the chairman and secretary;
- name of company;
- setting goals;
- Date of preparation;
- agenda;
- signatures of responsible persons.
- document's name;
Let's fill out the meeting report step by step.
In full form, all speeches at the meeting are listed; in short form, only the names of the speakers and a brief note about the topic of the speech. There is no unified form of the protocol; however, when drawing it up, use the general rules for drawing up primary accounting documentation.
Sample order for the destruction of expired documents
That is why this process should be treated very carefully in order to prevent the disposal of papers that have not lost their significance.
By order of the head, GBOU DOD SDYUSSHOR "ALLUR" created an expert commission on recycling, consisting of three people: Ivanov I.I. – Chairman, Petrov I.N. – secretary, as well as Smirnov E.G. and Pogodin D.N. Step 1. Fill out the “header”: name of the organization, date and place of compilation.
We must not forget that most documents should be stored for at least five years, otherwise serious sanctions from supervisory authorities are possible.
As mentioned above, before proceeding directly to the process of destroying papers, a commission is appointed by a special order from the head of the enterprise, which is responsible for the entire disposal procedure from beginning to end. First of all, the commission members conduct an expert assessment of the accumulated documentation.
Its purpose is to make sure that the documents being disposed of have no value for the enterprise, do not contain any important and relevant information, and also have an expired shelf life. Then a special act is drawn up, which includes a list of documents to be disposed of, and only after that can the procedure begin directly.
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How to draw up an act for the destruction of documents
There are generally accepted methods for destroying documents. This can be burning (not always convenient and not environmentally friendly) or disposal using a special paper shredder (possible only when there are not too many documents). However, if the volume of documents is large, then it is best to resort to the services of a specialized company that professionally deals with the disposal of paper documentation. In this case, you need to draw up a transfer deed with the contractor, which indicates the volume, weight, date, number of cases, etc. options.
To avoid falling into the hands of criminals, it is under no circumstances allowed to throw documents into trash containers or a landfill, dispose of them as waste paper, or use them as drafts.
Document Destruction Commission In order to determine which documents are no longer needed and their storage periods have expired, it is necessary to create a special expert commission (EC). If your company is large and a lot of documents accumulate, you can create a permanent commission.
Important
Otherwise, if you plan to resort to the destruction procedure once a year or less often, ECs can be created as needed. The EC can include several qualified people who will decide whether some of the documents being destroyed will be needed in the future or not.
To be on the safe side, you can invite a specialist from Rosarkhiv. As soon as we have decided on the composition, we prepare an order of this kind.
Attention
In the order we fix:
- creation of EC;
- composition of the commission.
We familiarize all members of the commission with the order. Work of the EC The task of the commission is to select documents for destruction.
— Federal Law of October 22, 2004 N 125-FZ “On Archival Affairs in the Russian Federation” (hereinafter referred to as Law N 125-FZ); — Basic rules for the work of archives of organizations, approved by the Decision of the Board of Rosarkhiv dated 02/06/2002 (hereinafter referred to as the Rules for the work of archives); — Resolution of the Federal Commission for the Securities Market of the Russian Federation dated July 16, 2003 N 03-33/ps “On approval of the regulations on the procedure and terms of storage of documents of joint-stock companies.”
Note. The list applies to all types of organizations, regardless of ownership and legal form. There are two sections devoted to personnel documents in the List: - Section 7 “Labor Relations” (includes documentation on the organization of labor and official activities, as well as on standardization, tariffs, remuneration and labor protection);
Until documents with an expired storage period are destroyed, those responsible for their destruction will have to work hard. Firstly, the selected documents must be organized and described - this is what the act “On the allocation for destruction of documents not subject to storage” is intended for.
In accordance with Art. 5 of Law No. 125-FZ, the reflection of documents in the archival fund does not depend on the method of creation and type of media.
In paragraph 2 of Art. 29 of Law No. 402-FZ states that documents and means that reproduce electronic media, as well as verify the authenticity of digital signatures, must be stored for at least 5 years after the year in which they were last used to prepare accounting reports.
Currently, huge volumes of documentation can be stored in a company in electronic form, as well as on special media (disks, flash cards, etc.). If the EC determines that electronic documents have no practical significance and (or) their storage period has expired, the information must be destroyed along with the media. In this case, the same destruction methods can be used as for paper documents (shredding, burning, changing shape, etc.).
In addition, special methods can be used - erasing or overwriting files (paragraph 2, section 9.9 of GOST 15489-1-2007, approved by order of Rostekhregulirovaniya dated March 12, 2007 No. 28-st).
The law does not provide for a special procedure (including for drawing up an act), so it is necessary to adhere to the general procedure described earlier for paper documents. However, we should not forget the following:
- It is prohibited to get rid of unnecessary files and documents without authorization and without drawing up an act;
- documents related to legal proceedings (ongoing or upcoming) must not be destroyed;
- the requirement for confidentiality of information contained in destroyed documents and their copies cannot be ignored;
- it is necessary to destroy all copies of documents (including personal and backup ones), if such duplicates are permitted for destruction.
For information on how seals are destroyed, read the article “Procedure for writing off and destroying seals (nuances).”
Sample order for the creation of an expert commission
Can we deliver documents to your destruction point ourselves?
Of course, this will reduce the cost of document destruction.
How are documents burned?
Documents are burned in furnaces with a vortex fluidized bed of inert material - quartz sand at a temperature of more than 800 degrees.
What should be done with the organization’s documents after its liquidation? After the liquidation of the organization, documents on personnel (storage for 75 years) must be transferred to the archive for state storage. Who is responsible for organizing and transferring documents to the archive for state storage in the event of bankruptcy of an enterprise?
In case of bankruptcy of an enterprise, the responsibility for submitting documents to the archive for state storage lies with the bankruptcy manager. The bankruptcy trustee can engage an archival company for archival processing and transfer of documents to the archive for state storage.
ON THE CREATION OF AN EXPERT COMMISSION FOR THE SELECTION, ACCEPTANCE FOR STORAGE OR DESTRUCTION OF DOCUMENTS CONTAINING STATE SECRETS IN THE ARCHIVE SERVICE OF THE KBR (as amended as of: 12/23/2014)
To approve the expert commission with the following composition: - Shogenov Sh.Kh.
- Deputy Head of the Archive Service of the KBR (Chairman of the Commission); - Pshibiev A.S.
- Head of the Department of Organization of State Storage, Accounting and Scientific Reference Apparatus, Microfilming and Restoration of Documents of the Central State Administration of the Autonomous Republic of Kabardino-Balkaria (Secretary of the Commission); - Tsakhilova E.A. - Head of the sector for the protection of state secrets, mobilization work, civil defense and emergency situations of the Archive Service of the Kabardino-Balkarian Republic; - Karov T.A.
- Head of UTsGA AS KBR; - Mambetova E.V.
- Head of the Central Scientific Research Center of the AS KBR (as amended by the Order of the AS KBR)4. Control over the implementation of this order is entrusted to the deputy head of the AS KBR Sh.Kh. Shogenova. Head of the Archive Service of the KBR. G. SEMENOV Approved by Order of the Archive Service of the KBR dated October 16, 2014 N 55 1.1.
Expert Commission (hereinafter - EC) for selection, acceptance for storage
How to draw up an order to create an expert commission - drafting rules and sample
For example, accounting papers are typically kept in the archives for five years, and many personnel forms are kept for 75 years.
Many documents are necessary for an enterprise to correctly fill out reports; they may be requested by regulatory authorities, and therefore it is necessary to know which paper can be destroyed and which cannot. In connection with these features of the destruction procedure, an order is issued to create a commission, among the members of which there should be persons who know the deadlines established by law and understand the peculiarities of document flow in the company. As a rule, these are accounting employees, office workers, and secretaries.
In order to destroy documents, it is more convenient to create a group that will constantly operate; for this, it is enough to approve an order once, in which the members will be sequentially listed. For registration, take a letterhead with the company details, at the top
Creation of a commission
The first step is selecting papers. The procedure is carried out on the basis of Chapter 4 of Resolution 03-33/ps. It involves the mandatory formation of a commission. It is needed to determine which documents are no longer required. Representatives of the commission check the validity period of a particular paper.
The commission can function on a permanent basis. This is relevant for companies with a large document flow, where destruction of papers is a constant procedure. However, in most cases, the commission operates on a temporary basis. Qualified employees are appointed as members of the commission, who can decide whether this or that paper will be needed in the future.
Conducting an examination of the value of documents
In organizations that have a subordinate network (for example, branches), permanent central expert commissions (CEC) are created.
The EC (CEC) includes qualified and experienced employees of the main structural divisions of the organization, who are well aware of the composition and content, as well as the meaning and value of the information of documents created by the structural division in which they work.
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The commission must include the head of the documentation support service for the management and archives of the organization (or the person responsible for the archives of the organization).
If an organization transfers its documents for storage to a state or municipal archive, it is recommended to include its representative in the commission.
As a rule, the deputy head of the organization, who is in charge of records management and archives, is appointed as the chairman of the commission. The secretary of the commission is the head of the archive or the person responsible for the archive of the organization.
Act on the allocation for destruction of documents not subject to storage
Preparing files for transfer to the archive is the systematization and compilation of an inventory of documents transferred for storage in order to preserve data on the organization’s activities with the ability to quickly find the necessary information. The commission must include the head of the documentation support service for the management and archives of the organization (or the person responsible for the archives of the organization).
You can familiarize yourself with the general rules for drawing up minutes by reading the article “Sample minutes of a commission meeting.” One of the options for how to draw up the minutes of a meeting of the expert commission is given below.
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How to create an expert commission - sample order
In order for the expert commission to begin work, the manager creates it using an order.
The text is not standard; it is compiled by each enterprise independently. You need to take the company’s letterhead, indicate the word “order” at the top, then enter a title, for example, “on the creation of a permanent expert commission” or “on the creation of a commission for the examination of documents of LLC “______”. Reason for drawing up the order:
“to determine the storage period of documents, their selection for archival storage or destruction”
.
The administrative part: an order to create an expert commission of a certain composition - the chairman is indicated first, then each member in alphabetical order (it is recommended to include representatives of positions such as accountant, clerk, HR specialist, and management positions in the commission); an order to select documents and draw up the required documentation in connection with the destruction;
Sample order to create a commission
No. 63
Yaroslavl On the creation of an expert commission In order to organize work on establishing storage periods for documents, selecting them for archival storage and destruction, I order: To create an expert commission consisting of: Chairman, Deputy Director F.K. Zakoryuchnikov Members of the commission: Head of the HR Department S.M. Irtyshanskaya head of the office P.A.
Kormushkin accountant G.A. Lyustrova Secretary, Archive Manager N.I.
Yamochkina. 2. To the head of the archive, Yamochkina N.I.
develop regulations on the expert commission by December 1, 2014.
Director K.A. Zolotushko If the commission is already in effect and you have a need to significantly change its composition, then you can prepare an order appointing the composition of the commission according to the following model: OPEN JOINT STOCK COMPANY “YAZHERITSA” (JSC “YAZHERITSA”) ORDER “08” November 2014
No. 69, Kostroma On the appointment of the composition of the expert commission In accordance with the requirements of the Regulations on the expert commission of JSC Lizard, approved by order of the director dated March 24, 2011 No. 44, in connection with the change in the structure of the Company, the order: 1.
