Reckless communication send a copy. How to send a telegram by Russian post. Documents transmitted via electronic channels
Answered by the lawyer - Bar Association:
In accordance with Part 1 of Art. 71 of the Code of Civil Procedure of the Russian Federation, written evidence is containing information about circumstances relevant to the consideration and resolution of the case, acts, contracts, certificates, business correspondence, other documents and materials made in the form of digital, graphic recording, including those received by facsimile, electronic or other connection or in any other way that allows the authenticity of the document to be established.
Paragraph 1 of Part 2 of the same article establishes that written evidence is presented in the original or in the form of a duly certified copy.
If the MMS contains audio and video recordings, then according to Art. 77 of the Code of Civil Procedure of the Russian Federation, a person presenting audio, video recordings on electronic or other media is obliged to indicate when, by whom and under what conditions these recordings were made.
Taking into account modern development communication systems, such messages are stored in the phone’s memory and can be copied to physical media. In this case, information about the sender is contained in the message information displayed automatically, as well as in the subscriber database, extracts from which are provided in the manner prescribed by law upon requests from the court or competent authorities. In the case of automatic classification of the sender or the use of other methods to make it difficult to determine it, data can only be obtained upon specified requests.
Thus, SMS and MMS as of a specific time for submission to the court must be recorded on a tangible medium and printed on paper. Videos are recorded and presented on a tangible medium.
The reliability of SMS and MMS as of a specific time is confirmed by documenting the content of messages and information about them.
In accordance with paragraph 11 of Art. 2 of the Federal Law of July 27, 2006 N 149-FZ “On information, information technology and on the protection of information”, “documented” means information recorded on a tangible medium by documenting with details that make it possible to identify it or, in cases established by the legislation of the Russian Federation, its material medium.
There are no special requirements regulating the procedure for such documentation in the legislation. Therefore they act General requirements regulating the provision of evidence, in particular Art. 71 Code of Civil Procedure of the Russian Federation, art. Art. 102, 103 Fundamentals of legislation Russian Federation about notaries.
Acceptable documentation options are the following:
- recording, printing, drawing up an act (protocol) of familiarization with the contents of SMS and MMS in the presence of witnesses, indicating their surnames, first names, patronymics, addresses;
- before initiating legal proceedings - recording, printing, drawing up a protocol for examining the contents of SMS and MMS with certification from a notary;
- during the consideration of the case - in the manner established by Art. 71 Code of Civil Procedure of the Russian Federation. In this case, materials can be requested not only from violators of rights or from interested parties, but also from telecom operators;
- examination, recording, printing, and attachment to the expert’s conclusion of the contents of SMS and MMS.
This conclusion is confirmed by judicial practice (Determination of the Judicial Collegium for Criminal Cases of the Armed Forces of the Russian Federation dated November 12, 2007 N 12-O07-22).
Facsimile communication ensures the transmission of information from paper (texts, tables, graphs, pictures, drawings, photographs, etc.) and the reception of this information in the form of a copy (facsimile), often called in practice a fax or telefax.
Requirements for the preparation and execution of messages transmitted via fax are determined by the type of original document being sent (letter, agreement, protocol, etc.).
In accordance with the Civil Code of the Russian Federation (Article 160), the use of a facsimile reproduction of a signature using mechanical or other copying, an electronic digital signature or an analogue of a handwritten signature when making transactions is permitted in cases and in the manner provided for by law, other legal acts or agreements of the parties.
The document (fax) received at the fax output, subject to compliance with established conditions and procedures, may have legal force.
Documents sent via fax must be printed in a clear, contrasting font or written in ballpoint pen or ink, in contrasting black or dark blue ink.
Telephone messages
The text of the telephone message is transmitted orally through channels telephone communication and is recorded (printed) by the recipient.
The legal force of the received telephone message is determined by the following details:
Outgoing registration number of the telephone message being sent;
Position, surname, name, patronymic and signature of the person who sent the telephone message;
Position, surname, name, patronymic and signature of the person who received the telephone message in the registration log;
Incoming registration number of the received telephone message.
It is recommended to use telephone messages to quickly resolve issues in cases where messages transmitted by telephone require documentation. Simple texts are sent via telephone messages (invitations to meetings, meetings, etc.).
The telephone message sent is drawn up in one copy and signed by the manager or other official.
If a telephone message is sent to several recipients, then a list of them with telephone numbers must be attached to it.
You should not use hard-to-pronounce words or complex phrases in the text.
The date of the telephone message is the date of its transmission.
A telephone message received by an organization is recorded by the recipient on a standard form or on a blank sheet of paper in compliance with standard formatting rules.
8.3. Documents transmitted via electronic channels
mail (EP)
The electronic signature allows for the exchange of data between electronic means, analysis, processing and storage of received and sent messages.
ES is used both for sending messages within one organization and for sending messages between different organizations that have the appropriate hardware and software.
The email addressee receives an image of the document (electronic message) on a computer screen or as a copy on paper obtained using a printing device (printer).
In accordance with the law, the legal force of documents stored, processed and transmitted using automated information and telecommunication systems can be confirmed by an electronic digital signature, the procedure for using which is determined by the Federal Law "On Electronic digital signature" dated January 10, 2002 N 1-FZ. The legal force of an electronic digital signature is recognized if the specified systems have software and hardware tools that ensure signature identification, and compliance with the established regime for their use.
Availability of paper analogues sent via e-mail documents are determined in the regulations and instructions for preschool educational institutions in the organization. The paper counterpart creates work convenience for employees and is necessary in case of conflict situations, in case of non-receipt of the document by the addressee, etc.
By connecting to the electronic signature, the user gets the opportunity to correspond with other subscribers.
EP provides subscribers with the following opportunities:
Interact through electronic mailboxes with departments of the organization, among themselves and with other subscribers of the electronic digital network;
Have quick access to information stored in databases of various organizations;
Exchange messages with subscribers of other networks;
Receive messages from newsgroups on topics of interest and send your own messages to the newsgroup;
Have access to public archives existing on some servers both on the Internet and on other connected networks around the world.
Each e-mail subscriber is allocated an individual “mailbox” (computer memory area), which is assigned a user code. Electronic messages are exchanged through these mailboxes.
The email system stores all correspondence, depending on its content and purpose, in various “folders”, which are divided into personal and general. This makes it possible to separate received and sent messages; separately store unfinished letters and copies of deleted ones; protect private information, since the personal folders of one user should not be accessible to other users of the electronic signature system.
The electronic signature system provides the following operations with letters: search, copy and transfer from one folder to another, selection according to a given criterion.
Built-in The address book and a text editor make it easier to create and send letters. Once created and entered into the database of document forms, a letter can be used many times.
An electronic message consists of an address or several addresses of recipients, a header containing service information, and text.
The address in the electronic signature system consists of the email name mailbox, which typically matches the user's login name and domain, which describes the location, computer, or local system where the email account is located. The name and domain are separated by the "@" sign, for example:
[email protected]- name@domain.
A domain consists of several subdomains separated by dots.
IN Internet networks Top-level domains that indicate the organization code are allowed:
COM - commercial organizations;
EDU - educational and scientific institutions;
GOV - government agencies;
MIL - military organizations;
NET - Internet network nodes;
ORG - other organizations.
The service header of an email message contains several fields that are specified by the message author or automatically added by the system.
If the text of an email message is too large (more than 100 kilobytes), it is better to compress it using the “compress” commands in UNIX family systems, “pkarc” or “pkzip” in MS DOS, or send the message in parts.
If you need to send a file that contains non-text information, object code, a database file, or an image file, it should be transcoded into text form.
Sending an electronic message containing encrypted information is permitted if the recipient of the information has the ability to decode it.
The requirements for the execution of documents sent by electronic signature are similar to the requirements set out in sections 3.4. The document must indicate the author of the document, its date, registration number, name of the type (except for letters), position and surname of the person who signed the document, email address of the organization and electronic digital signature (EDS) of the author.
Documents received via electronic signature are registered in compliance with the same rules and registration forms as paper documents. The “@” icon is added to the number of the document received or sent via electronic signature: N 141@.
The use of an electronic digital signature (EDS) requires the creation of a reliable system of protection against unauthorized access to documents by building a system for delineating access rights to information at various levels of the organization's hierarchy.
An electronic digital signature is issued to a specific person (as an analogue of a handwritten signature) and its use to certify the signature of another person is not permitted.
A document sent via digital signature is signed with digital signature. In the absence of the manager, the document is signed by his deputy in accordance with the distribution of responsibilities and sent via digital signature without digital signature.
For the most important documents, digital signature authentication can be verified. If the digital signature of the outgoing document is not confirmed, it is not sent and is returned to the contractor. If the digital signature of the received document is not confirmed, the necessary clarifications are made.
A document received via electronic signature can be submitted for execution in paper form with a “duplicate” stamp or other designation of an analogue of an electronic document. The correctness of the digital signature is confirmed by the corresponding mark: “The digital signature is correct. Signature of the operator” or “The digital signature is confirmed. Signature of the operator.” The mark should be affixed in the form of a stamp.
An organization can create its own internal corporate information system, which employees can use independently and at their own discretion - without confirmation of an electronic signature. Such an electronic communication system is introduced by the head of the organization.
In this case, it is possible to use transmitted documents (messages) without printing them on paper.
14.09.2012
Use in court as evidence of fax copies and documents transmitted via e-mail (scanned)
Over the past few decades, advances in the scientific and technological sphere have dramatically changed the life of modern man. New means of communication, means of recording, storing, and reproducing information have appeared. These achievements could not remain unintegrated into the socio-economic sphere and, accordingly, not affect the legal superstructure. Otherwise, the stability of civil circulation would be disrupted by the lack of legal regulation of newly emerged social relations.
In accordance with paragraph 2 of Article 160 of the Civil Code of the Russian Federation (hereinafter referred to as the “Civil Code of the Russian Federation”), “When making transactions, the use of a facsimile reproduction of a signature using mechanical or other copying means, an electronic signature or another analogue of a handwritten signature is permitted in cases and in the manner provided for by law, other legal acts or agreement of the parties.”
In accordance with paragraph 2 of Article 434 of the Civil Code of the Russian Federation, “An agreement in writing can be concluded by drawing up one document signed by the parties, as well as by exchanging documents via postal, telegraphic, teletype, telephone, electronic or other communications, allowing one to reliably establish that the document comes from a party to the contract.”
Thus, the current legislation of the Russian Federation allows parties to civil legal relations to formalize transactions using facsimile reproduction of a signature using mechanical or other copying means, an electronic signature or another analogue of a handwritten signature, i.e. electronic exchange of documents.
In addition, the Arbitration Procedural Code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation) established the admissibility of electronic documents as means of evidence. Thus, in accordance with paragraph 3 of Article 75 of the Arbitration Procedure Code of the Russian Federation, « Documents received by fax, electronic or other communication, including using the Internet, as well as documents signed with an electronic signature or other analogue of a handwritten signature, are admitted as written evidence in the cases and in the manner established by this Code, other federal laws, other regulatory legal acts or agreements, or determined within the limits of its powers by the Supreme Arbitration Court of the Russian Federation"(a similar rule is contained in paragraph 1 of Article 71 of the Civil Procedure Code of the Russian Federation).
Thus, the legislation of the Russian Federation provides the opportunity to use facsimile copies and documents transmitted via e-mail (scanned) as material evidence.
Meanwhile, at present, when courts resolve disputes arising from civil legal relations formalized by exchanging documents via fax or the Internet, the courts do not have a uniform position on the issue of classifying “fax” and electronic documents as admissible evidence.
Analysis of existing judicial practice, regarding the inclusion of facsimile copies of documents and documents transmitted via e-mail (in scanned form) to the court case and their examination as evidence, allows us to draw the following conclusions:
1. Facsimile copies of documents and documents transmitted via e-mail (in scanned form) are regarded by the court as evidence in the case, provided that there is a clause in the contract/agreement, according to which these copies have the status of originals.
The legitimacy of the stated position is confirmed by existing judicial practice, incl. Resolution of the Federal Antimonopoly Service of the North-Western District dated June 1, 2010 No. A56-13328/2009, Resolution of the Federal Antimonopoly Service of the Ural District dated December 13, 2010 No. F09-10256/10-SZ, Resolution of the Seventeenth Arbitration Court of Appeal dated January 27, 2011 No. AP-13499 /2010-GK, Resolution of the Federal Antimonopoly Service of the Far Eastern District dated August 13, 2009 No. F03-3794/2009, Determination of the Supreme Arbitration Court of the Russian Federation dated February 7, 2008 No. 653/08 in case No. A09-8896/06-4.
2. Screenshots of screens, electronic printouts postal items are not adequate and indisputable evidence in court.
The legitimacy of the stated position is confirmed by existing judicial practice, incl. Resolution of the Federal Antimonopoly Service of the Moscow District dated February 3, 2011 No. KG-A40/210-11.
3 . Copies of letters received via e-mail are evidence in court, provided that the other party does not provide the court with copies that are not identical to each other and if it is possible to establish the true content of the original source using other evidence.
The legitimacy of the stated position is confirmed by existing judicial practice, incl. Resolution of the Federal Antimonopoly Service of the Volga District dated September 15, 2010 in case No. A12-23661/2009.
An analysis of the practice of considering disputes by the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation on the issue of admissibility of electronic documents and documents transmitted by fax allows us to conclude that these documents are evidence in court proceedings, provided that the procedure for exchanging documents via a fax communication device or via the Internet is provided for by the contract concluded between the parties .
Thus, an analysis of judicial practice allows us to identify three types of documents (in addition to the originals) confirming the fact of conclusion and execution of the relevant contracts:
Copies of documents transmitted using fax;
Copies of documents transmitted in scanned form using the Internet;
Screenshots of screens, printouts of electronic mail (notifications of sending an email).
Meanwhile, in order to protect one’s rights when conducting business, the process of concluding and executing relevant agreements must be accompanied by the exchange of original documents only.
However, when concluding and executing contracts by exchanging facsimile copies of documents or electronic documents and in order to minimize risks, we recommend the following:
1. In the text of the main agreement:
Provide the possibility of transmitting documents by fax or email;
Establish the status of originals for such documents;
Specify information about the fax number and email addresses through which documents will be exchanged;
2. Organize the maintenance of logs of incoming and outgoing correspondence transmitted and received via fax and electronic communication.
3. In the fax settings, set the exact time and current date.
If the fax function is available to create reports on received and sent messages, print such reports and file them in the log of incoming and outgoing correspondence.
4. Send draft documents submitted to the counterparty for approval without the signature of an authorized person.
5. In accordance with tax legislation and accounting legislation, primary documentation drawn up during the execution of the relevant agreement must be presented only in the form of original documents.
6. The text of the main agreement, additional agreements to the agreement, as well as the agreement to terminate the agreement must be submitted in originals.
The procedure for exchanging electronic documents, as well as “fax copies” of documents, must be agreed upon by the Parties and enshrined in the Agreement. The possibility of using “non-original” documents when resolving disputes between the parties depends on the correct formulation of these conditions.
It should be noted that in practice there are cases when unscrupulous counterparties forge signatures and seals put by another counterparty in an electronic document, and also change the text of the agreement, including conditions unfavorable for the counterparty.
In this connection, when resolving a dispute in court, the parties submit to the court non-identical copies of the same document, i.e. the same document signed by the parties, containing different terms.
In this case, the court has virtually no opportunity to determine which party provided an original copy of the document.
According to paragraph 6 of Article 71 of the Arbitration Procedure Code of the Russian Federation, "Arbitration court cannot consider as proven a fact confirmed only by a copy of the document or other written evidence if the original document is lost or not submitted to the court, and copies of this document submitted by persons participating in the case are not identical to each other and it is impossible to establish the true content of the original source using other evidence.”
Based on this rule, copies of the document will not be considered by the court as evidence under the circumstances specified above.
Meanwhile, the fact of forgery of documents transmitted by e-mail or fax can be established through a forensic examination.
According to information received from Izhevsk Expert Bureau LLC, there are several methods for detecting document forgery in the described case:
1. chemical analysis of the signature on a paper copy of the contract;
2. analysis of the seal impression.
It is necessary to note that the probability of detecting forgery of documents using these methods is not high.
Despite the risks described in this opinion from executing contracts by exchanging copies of documents via fax or electronic communication, there is a way to protect against unlawful actions of counterparties, expressed in forgery of signed documents.
In accordance with Article 2 of the Federal Law of April 6, 2011 No. 63-FZ “On Electronic Signatures” (hereinafter referred to as the “Signature Law”), an electronic signature is information in electronic form that is attached to other information in electronic form ( signed information) or otherwise associated with such information and which is used to identify the person signing the information.
According to Part 1 of Article 6 of the Signature Law, “Information in electronic form, signed with a qualified electronic signature, is recognized as an electronic document equivalent to a paper document signed with a handwritten signature, except if federal laws or regulations adopted in accordance with them establish a requirement for the need to draw up a document exclusively on paper. "
In accordance with Article 5 of the Law on Signatures, a qualified electronic signature is an electronic signature that meets the following criteria:
1. obtained as a result of cryptographic transformation of information using an electronic signature key;
2. allows you to identify the person who signed the electronic document;
3. allows you to detect the fact of making changes to an electronic document after its signing ;
4. created using electronic signature tools;
5. the electronic signature verification key is indicated in the qualified certificate;
6. To create and verify an electronic signature, electronic signature tools are used that have received confirmation of compliance with the requirements established in accordance with the Law.
Thus, the use of an electronic signature when concluding contracts by exchanging “fax” copies of signed documents or electronic documents makes it possible to detect the fact of making changes to an already signed document, which is a guarantee of the party’s protection in litigation if controversial situations arise.
In addition, an electronic document signed with a qualified electronic signature is recognized as equivalent to a paper document signed with a handwritten signature.
However, courts are wary of electronic documents and do not always accept them as proper evidence. This article contains five ways to ensure that the court accepts email correspondence as evidence in a case.
QUESTION ON THE TOPIC
In what form is electronic correspondence submitted to the arbitration court?
There are no special requirements established by law. However, due to the fact that all evidence must be attached to the case (Articles 64, 75 of the Arbitration Procedure Code of the Russian Federation), we can conclude that electronic correspondence must be submitted on paper (determination of the Supreme Arbitration Court of the Russian Federation dated April 23, 2010 No. VAS-4481/10 ).
Preliminary measures to give e-mail the force of evidence
Electronic correspondence is a type of written evidence (clause 3 of article 75 of the Arbitration Procedure Code of the Russian Federation). At the same time, the Arbitration Procedural Code states that electronic messages can be classified as written evidence in the manner determined by law, agreement or the Supreme Arbitration Court (clause 3 of Article 75 of the Arbitration Procedure Code of the Russian Federation as amended by Federal Law dated July 27, 2010 No. 228-FZ ). Therefore, the parties can individualize their electronic communications in advance so that they later become admissible evidence in the case. There are two ways to do this.
Method one: giving the correspondence legal force in the contract. Considering that counterparties have the right to determine the procedure for presenting written evidence independently (clause 3 of Article 75 of the Arbitration Procedure Code of the Russian Federation), they can give evidentiary force to electronic correspondence in advance.
To do this, they need to write down the appropriate condition in the contract (conclude an additional agreement) indicating the email addresses that will be used by the parties and those persons who will carry out such correspondence on behalf of the company.
In addition, as judicial practice shows, it would not be superfluous to indicate exactly what legal actions the parties agreed to carry out through electronic correspondence. In one of the disputes, a party to the case referred to the fact that in the questionnaire accompanying the agreement, the parties agreed on the use of e-mail indicating the address of the counterparty where documents should be sent. However, the arbitration court emphasized its position that “the email address was designated by the parties for work correspondence, and not for transferring the results of work” (resolution of the Federal Arbitration Court of the Moscow District dated January 12, 2009 No. KG-A40/12090-08).
Without indication in the contract of contact persons, email addresses and issues that the parties can agree on in this manner, the court most likely will not recognize electronic correspondence as admissible evidence in the case (resolution of the Federal Arbitration Court of the Moscow District dated 02.27.10 No. KG-A41/531 -10). Judicial practice with the opposite position of the courts is extremely insignificant (resolution of the Federal Arbitration Court of the Ural District dated June 28, 2010 No. F09-4726/10-S3).
Method two: using an electronic digital signature. An electronic digital signature (hereinafter referred to as EDS) is equivalent to a handwritten signature in a document on paper (Clause 1, Article 1 of the Federal Law of January 10, 2002 No. 1-FZ “On Electronic Digital Signature”). Of course, its use is one of the most reliable ways to identify electronic messages.
If a company submits to the court an email that is signed with the digital signature of the other party, then it will not be necessary to establish the fact of sending and the authenticity of the email. But here it is important not to miss one detail: in the event of a dispute, the court may require the submission of a document that confirms the fact of agreement with the counterparty on the use of digital signature (resolution of the Federal Arbitration Court of the North-Western District dated 03.03.09 No. F-04-1207/2009(1502-A46 -eleven)).
QUESTION ON THE TOPIC
What to do if the plaintiff did not save the correspondence, and the counterparty deleted it on his computer?
A party may ask the court, in order to secure evidence, to request from the company that carries out technical support mail server, archived copies of electronic messages.
Proving in court using electronic correspondence
Documents received via e-mail are appropriate evidence and are subject to a comprehensive full assessment based on the totality of evidence, which is not contradicted by the information contained in the electronic correspondence of the parties (resolution of the Federal Arbitration Court of the Moscow District dated February 17, 2010 No. KG-A40/14784-09 ). The company will simply need to prove the authenticity and reliability of these letters. Here are some ways.
Method three: determining email details. As stated in Article 75 of the Arbitration Procedural Code, written evidence includes documents that allow us to establish the authenticity of the document, that is, that it was signed by the proper person, correctly reflects the date and place of preparation, the addressee and other necessary information. In one of the cases, the court determined the data that was needed to confirm the accuracy of the information. These included: email addresses of the recipient and sender, information about the time and date the email was sent, and the mail server from which the email was sent. Due to the lack of this data, the arbitration court did not accept printouts of electronic correspondence presented by the company as evidence (resolution of the Federal Arbitration Court of the North Caucasus District dated July 7, 2008 No. F08-3751/2008).
Method four: conducting an examination. The authenticity of electronic evidence can be established by a forensic examination. To do this, you will need to find an organization that conducts computer technical examination. You can turn to experts without waiting for a trial, or petition the court to conduct an examination (clause 1 of Article 82 of the Arbitration Procedure Code of the Russian Federation). Then the court will appoint an expert who will draw up an opinion and determine whether the correspondence really came from the parties to the case, establish its real content, time of departure and other data. The courts accept the expert report as evidence (resolution of the Federal Arbitration Court of the Moscow District dated January 20, 2010 No. KG-A40/14271-09).
Method five: drawing up a notarial protocol. One of the reliable ways to legalize electronic evidence is to draw up a notarial protocol. Companies have been using this method more and more recently. According to the law, notaries have the right to inspect written and material evidence (Articles 102, 103 of the Fundamentals of Legislation on Notaries dated 02/11/93 No. 4462-I, hereinafter referred to as the Fundamentals). The company can provide the notary with access to a computer and mail server, on which the correspondence is located. The notary will check the authenticity of the correspondence, determine whether it really came from the parties to the case, and draw up a protocol that will give the electronic correspondence the form necessary for judicial evidence. The emails themselves must be printed and filed with the protocol. Such a protocol will be proof that, on a certain date, the email data actually contained email messages received from certain addresses. It is important to remember here that a notary will be able to draw up such a protocol only before the start of proceedings in court (Article 102 of the Fundamentals).
Telegraph rules
In ancient times, messages were transmitted over long distances by drumming, smoke signals and other equally primitive means. When sending a message, a person was forced to rely on messengers - on foot, on horseback or transported by ship. This connection was slow and unreliable. This continued until the end of the 18th century, when the first telegraph was invented.
The secretary, despite the advent of fax and e-mail, often has to send telegrams, since the correspondent who needs to urgently communicate something may not have a fax machine or e-mail. In addition, a fax is only a facsimile copy of a document, and just like an electronic document, it has no legal force without an electronic digital signature.
The manager often entrusts the secretary with composing the text of the telegram, as well as sending it. Therefore, the secretary must be well aware of the general procedure for drawing up, processing and sending this type of document.
A telegram is understood as a type of document determined by the methods of transmitting information via telegraph communication channels. The overwhelming majority of telegrams relate to information and reference documentation with correspondence containing urgent information for decision-making, the transmission of which by mail did not ensure timely receipt.
The requirements for the compilation and execution of telegrams transmitted for sending are established by the “Rules for the provision of telegraph communication services”, approved by Decree of the Government of the Russian Federation on January 14, 2002 No. 12. In these rules, a telegram is defined as “a short text message transmitted, transmitted or intended for transmission by means of telegraph communication.”
The rules guarantee users the right to privacy of telegraphic messages. The rules stipulate the language of interaction between telegraph workers and those submitting telegrams. On the territory of the Russian Federation, this is the Russian language and additionally, at the discretion of the telecom operator, the native languages of the peoples of the Russian Federation.
Telegrams are divided into categories and types. It is possible to submit telegrams of the following categories of urgency (in order of decreasing telegram transit time):
1) “telegram-letter” (with the mark “telegram-letter”);
2) “ordinary” (no mark);
3) “urgent” (with the mark “urgent”).
Most organizations use ordinary (simple) and urgent telegrams. However, in official correspondence the following categories of telegrams are also distinguished: to the President of the Russian Federation, to the Government of the Russian Federation, “government”, etc.
Telegrams are classified by type:
1) with notification of delivery by telegraph and with notification of delivery by urgent telegraph (with the marks “notification by telegraph” or “notification by telegraph urgent”, respectively);
2) with delivery within the time specified by the sender (with the mark “hand over (date)”);
3) with delivery to a populated area that does not have a telegraph connection (marked “by registered mail”);
4) with delivery on “luxury” letterhead (with the “luxury” mark);
5) certified by the telecom operator (with the mark “certified”).
The transit times for telegrams transmitted between the capitals of republics, regional and regional centers, as well as within any populated area with telegraph communications, should be:
The transit times for telegrams transmitted between any populated areas with telegraph communications should be:
The telegram must be clearly and legibly written or printed on the front side of the telegraph form or on light-colored paper. Corrections, erasures, deletions and insertions made to the transmitted telegram by the sender or at his request by the telecom operator must be certified by the sender’s signature.
The transmitted telegram must contain the address (i.e. where) and the name of the addressee (i.e. to whom) (if the addressee is a citizen - surname and, at the request of the sender, first name and patronymic or initials of the addressee; if the addressee is an official - name of the organization , position, surname and, at the request of the sender, first and patronymic or initials of the official; if the addressee is an organization - the name of the organization), text of the telegram, signature of the sender (at his request), notes (if any) about the category and type of the transmitted telegram.
The telegram is composed in the following sequence:
2) a note about the type of telegram;
3) the address to which the telegram should be delivered, indicating the name of the addressee;
4) text of the telegram;
5) signature of the sender (at the request of the sender).
The telegram address must contain all the address attributes necessary to ensure its delivery to the address without searching or making inquiries.
A telegram can be addressed to one or more addresses (multicast telegram). When submitting a multicast telegram with the same text, the sender must submit as many copies of the telegram as the number of addresses specified. In the address part of each telegram, only the point where the telegram should be delivered is indicated; the remaining addresses are indicated in the text of the telegram.
It is allowed to receive a multicast telegram with one text from a list of addresses, but no more than 20 addresses in the list. The list of addresses must be submitted simultaneously with the telegram. One copy of the telegram is attached to each list.
Telegrams can be addressed to:
1) to the full address;
2) to a conditional or shortened address;
3) on demand;
4) to the subscription box number;
5) to the military unit;
6) to the field mail address;
7) to the addresses of sea and river vessels;
8) to the number of the received telegram;
9) to the subscriber installation number of the AT/Telex network.
The telegram indicates the exact address (it must be preceded by the number (index) of the post office serving the addressee), the name of the institution, if known - the name of the position, the surname (with or without initials) of the recipient.
The text of the telegram is printed on a blank sheet of paper on one side, double-spaced, in capital letters. Between words in telegrams there is a gap of two strokes. The text is printed starting from the paragraph; further red lines and paragraphs are not allowed. The address and text are printed without word wrapping. The text is presented extremely concisely. It must consist of one logic element– conclusions. Only in exceptional cases can a brief proof be allowed.
When composing a telegram, great importance should be attached to the choice of words that more accurately convey the meaning. The telegram is written in a special telegraphic language, if possible without prepositions, conjunctions, or punctuation marks. The semantic shades of words and their connections are conveyed by the order of words in a sentence and their endings.
The numbers in the submitted telegram can be indicated either by digit signs or by full words. The numerical values contained in the text of the telegram, the accuracy of transmission of which is important for the user, must be indicated by the sender in full words.
The signs “dot”, “comma”, “quote marks”, “bracket” can be indicated in the telegram either in full words, or in abbreviated words (“tchk”, “zpt”, “kvch”, “skb”), or corresponding symbolic characters.
The signs “question mark”, “dash” (“minus”), “plus”, “dash” can be indicated either as full words or as corresponding symbols.
The "number" sign can be indicated either as a full word or as an abbreviated word "nr".
Other characters may only be indicated in full words.
Punctuation marks in the form of corresponding symbolic signs, after the symbolic sign “-”, must be written in telegrams after the previous word (group of numbers) without an interval and are considered as one word.
The symbols “+” (plus) and “/” (slash) between words must be written with intervals between preceding and following words and are counted as separate words, but between numbers - without intervals and are not counted as separate words.
The text of the telegram must contain at least one word, but the telegram must not contain more than 300 words. If a telegram consists of more than 300 words, it must be divided by the telecom operator into several parts of 300 words each (the latter may contain less than 300 words), transmitted as separate telegrams.
It is recommended to separate the signature from the text with line spacing. After the text and signature, a demarcation line is placed under which official information that is not subject to transfer is indicated: sender's address, full name of the structural unit, position indication, signature and transcript of the sender's signature, date of signature, which is affixed by the person signing the telegram.
The text of the official telegram is certified by a seal. The telegram is drawn up in two copies. The first, signed, is given for transfer, and the second is filed in the file.
Visas may be affixed to the copy of the telegram at the bottom, and the time of transmission of the telegram for dispatch may also be indicated.
When issuing international telegrams, their address and text are printed in Latin letters. The address in such telegrams is printed in the following sequence: name of the addressee (in the nominative case), address of the organization or place of residence of the addressee (house number, street number), name of the destination (city, country).
The number of paid words of an internal telegram includes all words that form the content of the telegram (marks about the category and type of telegram, address, text, signature).
The following is considered as one word in a telegram:
1) every word written in accordance with the rules of grammar and having an independent meaning, including particles and prepositions;
2) each individual sign, number or letter;
3) a sign written in a full or abbreviated word;
4) a number written in full words;
5) a group of characters not separated by the symbol “-”, consisting of numbers, letters, or a mixed group.
Example of a telegram:
ROSTOV-DON ALMAZ
PRODUCT TESTING IS DELAYED
LACK OF COMPONENTS
EXTEND YOUR BUSINESS TRIP FOR TWO WEEKS CHIEF OF QUALITY COMPANY IVANOV
Samara, Rechnaya, 30
Head of Quality Control Department (personal signature) I. O. Last name
To transmit operational information they use telephone messages– official messages sent by telephone.
The required details of a telephone message are: names of institutions of the sender and addressee; details “from” and “to” indicating the position, surname, name and patronymic of officials; number, date and time of transmission and reception of telephone messages; positions and surnames of the person who transmitted and received the telephone message; phone numbers; text and signature.
The telephone message must have a heading; it is drawn up in accordance with GOST 6.38 - 90, as for an official letter, i.e., it is expressed in the prepositional case with the preposition “o” or “about”. (For example: About changing the time of Council meetings; About the arrival of conference participants).
In general, telephone messages are written in “telegraphic language,” that is, briefly, precisely, in simple sentences. The first part of the telephone message states the facts that prompted the telephone message, the second contains the actions taken. Telephone messages are presented in the first person, for example: “We remind you that the contract is expiring.” The telephone message should not exceed 50 words.
It is desirable that institutions have special forms for incoming and outgoing telephone messages. The following form is recommended:
TELEPHONOGRAM
Addressee (name of institution) Addressee (name of institution) ___
from whom (position, full name) from whom (position, full name) ___
transmission time hour min transmission time hour min
Sent by (last name) Received by (last name)
Phone number ___
Heading Heading
(signature)
On forms for incoming telephone messages, the “addressee” detail must be printed in a typographical way, and on forms for outgoing telephone messages, the “addressee” detail must be printed in a typographical way.
Fax message– a document received by fax machine (telefax), via telephone communication channels. A facsimile message (fax) is essentially an uncertified copy of the document being transmitted, and its legal status is the same. Any types of documents and attachments to them can be transmitted by fax: tables, drawings, diagrams, drawings, photographs. However, fax messages are largely a type of correspondence between business partners, organizations, and substitutes for telephone messages.
Faxes for outgoing documents should be formatted similarly to a business letter, but they can be compiled in one copy, which, after its transmission, is filed in the file. Additional data that the device itself provides is: sender's indication (code), date and time of transmission, telefax number, number of pages.
If received fax messages have important information and are intended for long-term use, it is necessary to make a copy of the document as the paper used in fax machines is not durable.
Electronic message - a document transmitted by “electronic mail” via a computer-to-computer communication system; it can be seen displayed on a monitor or printed on a printer.
The introduction of electronic mail (e-mail) is one of the most characteristic features of today. It is steadily replacing traditional means of communication. Its main and indisputable advantage is efficiency.
With the increased share of emails in the total volume of business correspondence, it is necessary to pay attention to the following features of the preparation of these letters:
1) the content of the letter should be focused on one topic. You shouldn’t spread yourself thin and try to “embrace the immensity.” You need to act according to the principle: “one letter – one problem.” Attached documents, especially if they are graphics, drawings, tables, are sent as an attachment to the sent file-letter. In this case, it is easier for your recipient to understand the essence of the message, and if necessary, it will not be difficult for him to forward the attachment, for example, to another address;
2) correspondence between business people by e-mail is of a purely utilitarian, pragmatic nature. She is devoid of emotions. Accordingly, the style should be purely working and concise;
3) despite the lapidary nature of the email, its tone remains polite and tactful. In this sense, it is no different from ordinary correspondence. Moreover, during postal correspondence, signs of attention and elements of politeness can be conveyed using external attributes, for example, using a specially prepared form, appropriate paper, design, placement of details, etc. With e-mail, these possibilities are excluded. Therefore, this “shortcoming” can be compensated for by following the rules of written etiquette;
4) e-mail does not allow red tape or delays in response. This is an emergency mail with an element of urgency. Correspondence sometimes takes place in real time – “On-line”. Ability to conduct written dialogue is required. This requires certain training, skills, and the ability to wield a pen;
5) the language used in electronic correspondence is specific and concise. It is recommended to avoid long phrases and standard expressions used in traditional correspondence.
In private informal correspondence by email, the use of so-called Emoticons is allowed. We are talking about using a schematic representation of a human type to convey emotions in electronic texts. They are designed to enliven the dry and short language of e-mail. This includes Smileys and Acronyms.
Below are several examples of the so-called Smileys (smiles, giggles) accepted in the West and used when corresponding by e-mail. Of course, this applies only to personal communication and is unlikely to be applicable for serious and responsible correspondence involving important business issues.
1):-) – smile;
2);-) – wink;
3):-(– frown;
4):-D – laughter;
5):-X – no comment;
6);-(– crying;
7):-] – sarcasm;
8) =:O – surprise.
Acronyms, i.e. words formed from the first letters of the phrase that it replaces, are found much more often in business correspondence than Smileys. Moreover, they are used not only in emails, but also in regular correspondence. Below are a few of the most common acronyms:
1) ASAP (Аs soon as possible) - as soon as possible;
2) MSG (Massage) – message;
3) JIC (Just in case) - on occasion;
4) CUL (See you later) – we’ll meet later;
5) FAQ (Frequently asked question) - a frequently asked question;
6) IMHO (In my humble opinion) - in my humble opinion;
7) BTW (By the way) – by the way;
8)
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