Manager’s order: competent execution of the assigned task

What types of regulatory legal acts are there?

Regulatory legal acts have a hierarchy depending on their legal force. The entire system of sources of law is headed by the Constitution of the Russian Federation. Other laws and regulations cannot contradict its norms.

A special group consists of international treaties and agreements of Russia. Article 15 of the Constitution of the Russian Federation states that in the event of a conflict between the norms of international law and the laws of the Russian Federation, the norms of international law apply. International treaties and agreements can be multilateral (for example, the Agreement on the establishment of the Interstate Anti-Corruption Council of October 25, 2013) or bilateral (Convention between the Russian Federation and the French Republic on the transfer of persons sentenced to imprisonment, of February 11, 2003) .

Test: Do you know the Constitution of the Russian Federation? More details

The next place in the hierarchy is occupied by federal laws (FL). Federal constitutional laws (FCL) have the greatest legal force, which are adopted according to a special procedure, for example, the FCL “On a referendum in the Russian Federation”. The next most important are federal laws and codes. They are adopted by the State Duma by a simple majority of votes. These include the Law on Road Safety, the Criminal Code of the Russian Federation, the Code of Administrative Offenses of the Russian Federation, etc.

The next step in the hierarchy of normative acts is occupied by federal by-laws, which include presidential decrees and government regulations. Acts of federal executive bodies (ministries, federal services), which can be issued in the form of an order or resolution, have less legal force.

An element of legislation that does not fit into a strict hierarchy are various legal acts of the constituent entities of the country. According to the Constitution of the Russian Federation, all subjects have their own constitution or charter, and can also issue laws adopted by regional parliaments.

Structure of the order of the head of the organization

An order or order is prepared on a special form containing the full name of the enterprise and the title of the document.

The main details of the ORD must contain:

• registration number and date of publication of the document, place of its preparation;
• title to the main text of the order (summary);
• document text;
• full signature of the manager;
• a note on approval and familiarization of the responsible persons listed in the order.

A sample order of the head of the enterprise, drawn up in accordance with the standard Instructions for office work, can be downloaded.

What is a decree?

According to the Constitution, the President of the Russian Federation can issue decrees that are binding throughout the country and must not contradict the Russian Constitution and federal laws. As a rule, such decrees are issued if certain relations are not regulated by law, that is, there is a legal gap. Some of the latest such documents were presidential decrees “On admission to citizenship of the Russian Federation and renunciation of citizenship of the Russian Federation”, “On additional measures of state support for persons who have demonstrated outstanding abilities”, etc.

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We came up with it. What regional laws can be extended to the entire country?

Sample order form download

_________________________________________________________________________ Inventory is subject to __________________________________________ (indicate what values,

______________________________________________________________________________ calculations are subject to inventory)

Start inventory suddenly ____________________________ (date, start time)

and finish _________________________________________________________________ Reason for inventory __________________________________________ (indicate: control, shift

______________________________________________________________________________ financially responsible persons, revaluation, etc.)

Carry out this inventory in full compliance with the current instructions on the procedure for conducting an inventory of valuables.

What is a resolution?

Decrees of the Russian government are adopted on the basis of the principles and provisions of the Constitution, laws and presidential decrees, i.e. they detail what is said in these regulations. For example, government decree No. 875 of July 10, 2020 “On the transfer of days off in 2020” was adopted in accordance with Article 112 of the Labor Code of the Russian Federation.

Government regulations must not contradict higher sources of law. These documents (with the exception of resolutions containing information of a confidential nature or related to state secrets) are subject to official publication.

In addition to the government of the Russian Federation, the governments of the constituent entities of the Russian Federation, as well as some bodies and officials, issue decisions within their competence. For example, acts of ministries, the Federation Council, and the State Duma are adopted in the form of resolutions.

Sample order form for an enterprise download

• Place and date of signing.
• Justification for the decision: usually begins with the words “In connection with” or: “In pursuance”, “Based on”, “In accordance with”.
• The administrative part: begins with the word “I OBLIGATE”, which is usually written in capital letters only.
• A note about who will control the execution of the order - a specific employee, several employees, or the manager himself: “I reserve control over the execution.”
• Position, signature and transcript of the signature (surname, initials).

A ready-made sample document that you can use as a guide when drawing up your order looks like this.

What is an order?

An order is a by-law of a government or management body that is binding on individuals and legal entities to whom it is addressed. According to the Constitution of the Russian Federation, orders can be issued by the president of the country, the Russian government, as well as the governments of the country's constituent entities. In the hierarchy of legal acts, a presidential order ranks below a presidential decree, and a government order ranks below a government resolution.

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Why do deputies propose unrealizable laws? Unlike a decree and a resolution, an order is issued on operational current issues and, as a rule, is not normative in nature. For example, Decree of the President of the Russian Federation dated October 7, 2019 No. 340-rp is devoted to holding seminars and meetings on topical issues of applying the legislation of the Russian Federation on anti-corruption in 2019.

In addition to authorities, orders can be issued by the heads of various organizations to resolve operational issues. This document is mandatory for the employees specified in it or all employees of the organization.

What is the difference between an employer’s order and an order?

The answer to this question is more theoretical. From a practical point of view, it is worth recognizing that the differences are not obvious. Of course, labor law theorists will find signs and features of each document. For example, with the help of an order, legal issues are resolved, and an order regulates organizational issues. What about the order to go on a business trip? Isn't this a question of labor organization? Or they call the difference: the order has a long term, and orders are limited in time. Also a controversial difference.

But even the Labor Code (Article 68, for example) uses these terms as equivalent. Although one difference is still “obvious”. The employer's order cannot be oral. A simple order from a manager is sometimes expressed verbally.

What is an order?

An order is another regulatory legal act of management. It is an official written or oral order of a leader, commander or superior, which is mandatory for execution by subordinates. Unlike an order, an order has greater force as an act of management.

Orders are actively used in the army. According to the decree of the President of the Russian Federation “On approval of general military regulations of the Armed Forces of the Russian Federation,” a written order is the main administrative official document of the military administration, which can be issued by the commander of a military unit. All commanders have the right to give verbal orders to their subordinates. The order must be carried out unquestioningly, accurately and on time. If the serviceman does not agree with it, he can appeal the order after it has been carried out. In peacetime, failure to comply with an order entails disciplinary action on a serviceman, and in wartime or in a combat situation it can lead to criminal liability.

Orders are also used by other government bodies, organizations and private firms. They are issued by a boss, for example, a director of a company, to solve any production problems. Failure to comply with such an order is considered a violation of official or labor discipline and may lead to disciplinary action (reprimand, dismissal, etc.).

What is the difference between an order and an order?

Directions and orders are somewhat similar to each other: they have approximately the same structure, purpose, etc. However, there are differences between them:

• Area of ​​influence. The main difference between an order and an order is that an order regulates legal relations and the main activities of the company, while an order regulates operational issues.
• Validity. In most cases, the order concerns some local issues, a small number of employees, and is valid for a strictly limited and fairly short period: until it is implemented. Orders have a longer validity period and are often subject to specific changes, while directives are usually simply reissued.

Subtleties of drawing up orders from the general director

Having summarized the material from the previous paragraph of the article, we can state that there are no particular difficulties in drawing up and competently executing administrative documentation on behalf of the director. However, it would be useful to note the most significant subtleties of creating a document of this kind, which will now be done:

• Nuance No. 1. About the registration number of the order and other identification data.
  This information is indicated as is customary at the enterprise. Often, the registration number is determined based on previously accepted documentation within the organization. That is, if the previous document adopted by the organization is decree No. 45, then the order of the general director should have the document number 46. As for the remaining registration data, they are necessary to reflect the entire essence of the administrative document drawn up, therefore the scope of its action, the person receiving it and It is advisable to indicate such information. CEO
• Nuance No. 2. About the title of the order. Everything here is extremely simple - the title should reflect the entire essence of the document. For example, the general director orders to reduce lateness to a minimum, which means that in the title he must indicate something in the form - “On approval of responsibility for lateness...”.
• Nuances No. 3. About the main part of the administrative document. With the formulation of the task, the situation is slightly more complicated than with the previous points of the order. Conventionally, the main part of this document is divided into a stating section and an administrative one. The first is a kind of preamble to the order (talks about the argumentation of the document being adopted, its meaning), the second is a direct statement of the task indicating all the necessary information for its addressees. In the main part of the administrative document, it is important to adhere to the rules of simplicity and clarity of the text, but it is still not worthwhile to “chew” obvious things.
• Nuance No. 4. About the final part of the document. In this part of the order, it is worth indicating the persons to whom it applies, and marking the signatures of all persons responsible for accepting the document.
• Nuance No. 5. About what is unacceptable when drawing up an order by the general director. Firstly, the text of the document should not reflect impossible tasks - all goals should be achievable in practice. Secondly, the order must not allow contradictions with the internal regulations of the organization. And thirdly, the points of the administrative document itself should not contradict themselves, otherwise the assigned task will become impossible for employees to accomplish.

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How do the forms of a document on a manager’s decree differ?

In office work, decrees are usually divided into the following categories:

• on the main job;
• according to personal structure.

This division is connected, among other things, with the difference in the mandatory storage periods for documents of a legal entity. They are:

• for many decrees on the current work of a legal entity - five years;
• for many personnel decrees - seventy years.

Some orders can be saved until the employer’s instructions are executed.

The requirements for the execution of such decrees vary. The resolution on the main work can be drawn up in an independent form.

Personnel decrees lead to the occurrence of these or other business actions in accounting. This may include the calculation of vacation pay, wages, retirement benefits, and the like. For this reason, such resolutions of the general director are required to meet more stringent requirements.

For individual decrees, there used to be certain forms approved by Rosstat. But with prefaces, due to the latest legislation “On Accounting”, the ability to create forms of accounting documentation belongs to the company itself. It is only necessary, following Article 9 of Law 402 of the Federal Law, to contain the essential details in the document.