For problems with workflow will have to answer the ruble
The state in its own way stimulates the development of electronic document circulation - recently, existing fines have been seriously increased and new ones introduced for violations related to document management. If before the fine was 50 rubles, now you can "get" and a few hundred thousand.
According to the Code of Administrative Offenses of the Russian Federation for incorrectly managing the documents of the company will respond with a ruble, and quite large. For example, Article 13.25 reports that a violation of the requirements of the law on the storage of documents will cost “... a fine on officials in the amount of from 2000 five hundred to 5000 rubles; on legal entities - from 200,000 to 300,000 rubles. "
And if they didn’t manage to eliminate the violation in time, there’s a big fine again. About this reports art. 19.5. the same code. For failure to comply with the term of a legal order, “a fine is imposed on officials in the amount of from 20,000 to 30,000 rubles; on legal entities - from 500,000 to 700,000 rubles. ”
And, most importantly, hope that if the violation is insignificant, you will be regretted, you should not - we have at least a case law, but there are already specific cases and decisions on them have been made. For non-preservation of accounting documents, the company was fined 200 thousand rubles (Case number A32-4676 / 2010-51 / 155-74AZH), and the document is not stored at the location of the JSC - 500 thousand (Case No. A65-16109 / 2009) ( - kad.arbitr.ru ). From the latter, hair generally stands on end - after all, many companies have never been seen where their legal address is.
The Federal Anti-Monopoly Service also warms up the situation: it turns out that it can demand ALL official electronic correspondence - according to the Federal Law No. 135-FZ of July 26, 2006 “On Protection of Competition”
Art. 25. The obligation to submit information to the anti-monopoly authority. The law came into force on August 23, 2009.
Since September 2, 2010, fines from tax have been increased. For non-submission of the necessary documents (Art. 126), now you will have to pay 200 rubles for each document - before the penalty was 50 rubles. Failure to inform the tax authority (Art. 129.1) now threatens not 1 thousand, but 5 thousand rubles, and in case of repeated violation during the year, 20 thousand rubles instead of 5 thousand.
If suddenly it seems to someone that a fine of 200 rubles is complete nonsense, I will give a couple of examples. In 2007, when checking Dalsvyaz, the tax authorities demanded to submit over 14 million invoices to subscribers for 5 days and fined the operator 707 million rubles. In 2006, Samotlorneftegaz was fined 164 million for not providing 3.28 million daily reports on the operation of wells. Now multiply every fine by 4 - so much these companies would pay if they were fined now.
In some cases, it may even come under criminal liability. It is provided for falsifying the unified state register of legal entities, the register of owners of securities or the depositary accounting system (Article 170.1 FZ of July 1, 2010 No. 147-FZ "On Amending the Criminal Code of the Russian Federation and Article 151 of the Criminal Procedure Code of the Russian Federation "). Also for violation of the procedure for recording rights to securities - including “... intentional destruction or forgery of documents, ..., if the mandatory storage of these documents is provided for by the legislation of the Russian Federation" (Article 185.2.). Criminal liability is punishable and making in the unified state registers of deliberately false information (valid for civil servants) (Article 285.3.).
Here is such a situation. Who is it all good for? For the state receiving serious amounts on fines. For companies engaged in document management systems - with their proper use, document losses are minimized. Actually, for an IT professional who cuts out the budget for the introduction of new systems - with the growth of fines for management, the allocation of funds for the implementation is more reasonable.
According to the Code of Administrative Offenses of the Russian Federation for incorrectly managing the documents of the company will respond with a ruble, and quite large. For example, Article 13.25 reports that a violation of the requirements of the law on the storage of documents will cost “... a fine on officials in the amount of from 2000 five hundred to 5000 rubles; on legal entities - from 200,000 to 300,000 rubles. "
And if they didn’t manage to eliminate the violation in time, there’s a big fine again. About this reports art. 19.5. the same code. For failure to comply with the term of a legal order, “a fine is imposed on officials in the amount of from 20,000 to 30,000 rubles; on legal entities - from 500,000 to 700,000 rubles. ”
And, most importantly, hope that if the violation is insignificant, you will be regretted, you should not - we have at least a case law, but there are already specific cases and decisions on them have been made. For non-preservation of accounting documents, the company was fined 200 thousand rubles (Case number A32-4676 / 2010-51 / 155-74AZH), and the document is not stored at the location of the JSC - 500 thousand (Case No. A65-16109 / 2009) ( - kad.arbitr.ru ). From the latter, hair generally stands on end - after all, many companies have never been seen where their legal address is.
The Federal Anti-Monopoly Service also warms up the situation: it turns out that it can demand ALL official electronic correspondence - according to the Federal Law No. 135-FZ of July 26, 2006 “On Protection of Competition”
Art. 25. The obligation to submit information to the anti-monopoly authority. The law came into force on August 23, 2009.
Since September 2, 2010, fines from tax have been increased. For non-submission of the necessary documents (Art. 126), now you will have to pay 200 rubles for each document - before the penalty was 50 rubles. Failure to inform the tax authority (Art. 129.1) now threatens not 1 thousand, but 5 thousand rubles, and in case of repeated violation during the year, 20 thousand rubles instead of 5 thousand.
If suddenly it seems to someone that a fine of 200 rubles is complete nonsense, I will give a couple of examples. In 2007, when checking Dalsvyaz, the tax authorities demanded to submit over 14 million invoices to subscribers for 5 days and fined the operator 707 million rubles. In 2006, Samotlorneftegaz was fined 164 million for not providing 3.28 million daily reports on the operation of wells. Now multiply every fine by 4 - so much these companies would pay if they were fined now.
In some cases, it may even come under criminal liability. It is provided for falsifying the unified state register of legal entities, the register of owners of securities or the depositary accounting system (Article 170.1 FZ of July 1, 2010 No. 147-FZ "On Amending the Criminal Code of the Russian Federation and Article 151 of the Criminal Procedure Code of the Russian Federation "). Also for violation of the procedure for recording rights to securities - including “... intentional destruction or forgery of documents, ..., if the mandatory storage of these documents is provided for by the legislation of the Russian Federation" (Article 185.2.). Criminal liability is punishable and making in the unified state registers of deliberately false information (valid for civil servants) (Article 285.3.).
Here is such a situation. Who is it all good for? For the state receiving serious amounts on fines. For companies engaged in document management systems - with their proper use, document losses are minimized. Actually, for an IT professional who cuts out the budget for the introduction of new systems - with the growth of fines for management, the allocation of funds for the implementation is more reasonable.
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Source: https://habr.com/ru/post/108569/
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