The procedure for requesting and terms of storage of criminal cases in the court archives

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Published: September 10, 2019

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• 1 Period of storage of a criminal case in the archive
• 2 Where are criminal cases stored - Lawyers
• 3 Established retention periods for criminal records 3.1 Official rules

Period of storage of a criminal case in the archive

How to obtain information about the statute of limitations in relation to criminal proceedings? In order to find out the deadline for terminating criminal proceedings, you should:

1. Find in the Criminal Code the corresponding article that you need, if it has sub-articles, then about the corresponding part of this article.
2. Study the maximum severe punishment provided for such an act, which can be assigned under this article of criminal law, or the part of this article that you need.
3. Based on the most severe punishment, determine the severity of the crime committed by you or another person.
4. Determine the timing of inquiries in criminal cases based on the severity of the criminal act committed. Here you should follow the rules, according to Art.

Criminal Code of the Russian Federation. It should be remembered that the size of the limitation period in relation to criminal proceedings is related to the category of gravity of the criminal act committed.

According to the requirements of official legislation on the territory of the Russian Federation, all adult citizens can be brought to a certain type of responsibility at any time, but only if the investigation itself and the prosecution were carried out before the end of the limitation period determined by the existing law.

In this case, it is worth remembering that such circumstances include only intentional actions of a person carried out in order to avoid imposition of punishment for a criminal act committed by him, for example, changing initials, place of permanent residence, etc.

In addition to the opening of such a concept as the statute of limitations in criminal cases, the law also provides for the moment of its closing - the final day of a certain period established by the current legislation on the territory of the Russian Federation or the date from which the decision of the judicial authorities on this matter legally comes into force business.

Info

Responsibility according to the letter of the law: limitation periods In 2018, when determining the limitation period, the Law provides for various periods, the use of which is directly related to the criminal act.

These terms are reflected in the Criminal Code of the Russian Federation, Art.

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1. Categories
2. Criminal law

In 2009, a case was initiated against me under Article 159.

1, but later stopped at 5.2. Upon request to the Information Center, I learned that I was prosecuted under Art. 158 part 1 and the case was dismissed under Article 28 (due to active repentance)

I wanted to open a criminal case to sort out the discrepancy.

To solve judicial problems, from time to time there is a need to raise materials from specific criminal proceedings. It is for this reason that it is so important to create appropriate conditions for storing materials from criminal proceedings.

We need specially designated places where officials, upon request, could study materials and make objective decisions on them. The work of storing criminal materials is carried out by the archive; the storage period for criminal cases differs in each case. The storage period for criminal cases is determined by an expert commission.

Its participants assess the degree of their importance according to specific parameters, and make a decision on further storage or destruction.

In 1999, the Judicial Department of the RF Armed Forces issued an order, which approved the conditions for ensuring safety, the procedure for delivery, the organization of selection, as well as the period for storing criminal cases in the court archive. The Investigative Committee, the Prosecutor's Office and the structures of the Ministry of Internal Affairs have created special instructions on office work, strict reporting and storage of documents, including those at the stage of operational development or investigation. The following approved rules exist for officials:

1. During the period of personal absence from the workplace, the employee must keep all documents that contain the investigative process in a personal safe under lock and key. It is prohibited to give the key to the safe to someone else.
2. The investigative body may release materials to outside organizations only with permission from the prosecutor's office.
3. When transferring any materials to a court or other authority, a card is created, a detailed inventory of the transferred materials is drawn up, and a report is drawn up.
4. Suspended cases must be submitted to the archives.

If a case has been lost and the statute of limitations has not yet expired, an internal audit will be initiated, because the loss of case materials is equal to a leak of confidential information. The person responsible for the incident will be held criminally liable.

The transfer of criminal cases in the archive for specific periods of storage is carried out after verification of the entire proceeding, execution of a court decision or entry into force of a sentence. Materials are sent to the court archive taking into account the following points:

• when taking a subject of an offense into custody, confirmation from the territorial police department about the fact of detention is required, as well as a message from the correctional institution about the arrival of a specific subject to serve the term assigned by the court;
• when a suspended sentence is imposed, the subject of the offense must be registered with the police, information about this is entered into the relevant papers;
• when imposing a fine, after receiving the writ of execution, put a note on the implementation of the court decision and payment of the fine;
• if forced labor is assigned, a registration mark is required;
• when the occupation of certain positions is prohibited or movement is restricted, registration is carried out until the end of the period specified in the sentence, after which a mark is made and the materials are sent to the archive;
• If the court has chosen an educational measure for a minor, the consequences of his behavior are explained to him and he is registered; a note is made in the file about the end of the observation period.

It is important to note that in case of an acquittal due to lack of evidence, the criminal proceedings are not archived; they are sent to the prosecutor for further action to identify others involved in the offense. In the event of an acquittal, the criminal proceedings are sent to the archives immediately after the verdict enters into force.

Instructions on the storage period for information are available in the courts; the storage period depends on the size of the punishment and the result. After the expiration of the storage period, the case, if it does not represent historical value, is subject to destruction, but the verdict in the case itself is stored permanently. The verdict is kept in the archives of the court that previously passed it, since it is in this archive that interested parties can apply for a copy of it.

The storage period for criminal cases differs significantly, since offenses for which life imprisonment or materials on especially serious crimes are assigned are permanently stored in the archives of the court of first instance. The archival warehouse contains materials on serious crimes for no more than 15 years, materials on cases of moderate gravity - 10 years, and the history of minor crimes is stored for 5 years.

People who participated or are interested in a specific criminal trial can familiarize themselves with the already archived case materials upon a previously submitted application. To obtain permission to remove papers from the archive, the judicial chairman must present an identification document and briefly describe the purpose of raising the documentation. The procedure for providing information from the archive is presented in the following conditions:

• when issuing a copy of the case materials, the person receiving them must draw up a receipt of receipt, which is subsequently attached to the criminal case. If a copy of the document is sent by the post office, then a copy of the letter that accompanies the shipment is attached to the criminal proceedings;
• if copies of criminal proceedings materials are located on several sheets, then each of them must be numbered and stitched. The binding thread is brought out onto the back side of the last sheet, sealed with the paper on which the stamp is placed;
• original documents that are attached to a criminal case can be extracted only by decision of the chairman of the court, but at the same time, a copy of the same document must remain in the case file. The same applies to the extraction of physical evidence;
• the issuance of repeated copies of the necessary documents stored in the archives is carried out only after payment of the state fee.

We invite you to familiarize yourself with: Agreement for maintenance and repair of elevators (sample form of agreement), Agreement (form)

As for the issuance of case materials from the archive to employees of the investigative body or prosecutor's office for review, they do not need to draw up a statement and adhere to the above rules. It is enough to present the archive worker with your ID confirming your authority.

The organization of archival premises plays a huge role in storing criminal cases. Important materials from criminal cases will be transferred to the archive only if it meets the standards established at the legislative level.

A separate, completely isolated room must be allocated in the court premises, without adjoining the smoke exhaust structures, the placement of printing installations and the sanitary and communication departments of the building. There should be bars installed on the windows, and metal doors should be installed on the emergency and main entrances.

The archive room should have only electric lighting, but in the same room there should be a room with natural light to organize the investigator’s work with materials. The most important part of organizing an archive is the installation of fire alarms and operational fire extinguishing equipment.

Among the requirements of archival documents, the following are also noted:

• the temperature regime in the archive room should be kept within 14 -20 degrees;
• air humidity should be at least 50% and no more than 60%;
• measures must be constantly taken to prevent the manifestation of mold, mildew, parasites, mice and rats;
• Wet cleaning and dust removal of shelves and archival folders themselves should be carried out regularly.

The placement of materials is organized using special shelving structures for storing filing cabinets.

The racks are placed at some distance from the walls; touching the case materials to the wall surface can negatively affect the safety of the document.

Structure of the company's business portfolio

The list of cases of Virage LLC was formed based on the organizational structure of the company. The following departments took part in the document flow process:

• organizational issues division (office);
• personnel department;
• Department of Labor and Wages;
• Department of Economic Planning, Statistics and Finance;
• accounting and reporting department;
• Department of Tax Accounting and Declaration;
• labor protection department;
• production and technical department (PTO);
• other divisions.

Before putting storage periods next to those indicated in the nomenclature, Maria studied in detail the structure of the company and understood the functional purpose of each structural unit. Then she began to thoroughly understand the List approved by Order No. 236. Maria reflected information about the storage periods of certain documents in column 4 of the nomenclature. She started with the office and especially carefully studied the document flow of the department in which she was currently working.

Where are criminal cases stored - Lawyers

Together with a friend I am suspected under Art. 161, part 2, Criminal Code of the Russian Federation (“qualified robbery”), the investigation lasts more than a year, I go under a subscription, and the second suspect is on the federal wanted list. The victim agrees to a settlement. Can the case be dismissed on this basis? Will the investigation last until my friend is caught?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call:

• 7 ext. 987 (Moscow and region)
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1. Reconciliation in your case can only affect the mitigation of punishment, but not the release from criminal liability.

Being an investigator, I will answer unequivocally (and there are no other options). The criminal case (in its entirety, without any “destruction of documents refuted by the Court”) is stored in the court of first instance.

The case materials may be located in another place for some period (for example, requested by a higher court), but in the end they are still returned to the court.

Some copies of the documents of the criminal case may indeed be stored in the corresponding operational record file of the body that carried out the operational investigation in this case, but this does not matter.

1 answer. Moscow Viewed 63 times. Asked 2013-05-22 11:16:09 0400 in the topic “Criminal Law” Why are criminal cases stored? For example, closed cases, why are they stored? — Why are criminal cases stored? For example, closed cases, why are they stored. Further

1 answer. Moscow Viewed 99 times. Asked 2012-09-09 10:47:31 0400 in the topic “Other questions” What to do in such a situation? Help! (c) - What to do in such a situation? Help! (V).

During the presentation of the procedure for issuing biometric passports, journalists were shown that taking biometric data (fingerprints) to produce a biometric passport will take a maximum of 15-20 minutes.

The issuance of biometric passports in Ukraine will begin on January 12, and the passport form (new sample) for a citizen of Ukraine for traveling abroad will be in the form of a booklet and consist of 32 pages with an additional degree of protection.

They don’t hire people like that to be cosmonauts (archivists). But seriously, our law has been created so that any innocent person can be imprisoned, although it seems like it (the Law) is humane and you can appeal the verdict at any time (even after 20 years), well We won’t let you get acquainted with the case, remember, they say, everything yourself.

Defense of the defendant Moscow from 60,000 rubles. Similar questions

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Planning and statistical documentation: how long to store it

The next section of the nomenclature was small in volume. It consisted mainly of plans and statistical reporting. All forecast and planning papers as a whole according to the list were ordered to be kept permanently. Only individual employee plans and reporting did not require such a long retention period - the period of time during which they cannot be disposed of is only 1 year.

Established storage periods for criminal cases

The storage period for criminal cases in the court archives may vary. As a result of the end of criminal proceedings, in relation to a citizen convicted by a court, all administrative judicial documentation and various types of materials must be transferred to the archivist of the judicial authority for further processing for storage.

Official Rules

Employees are guided by the following official orders, which provide specific retention periods for each type of court document:

• Outgoing instructions from the Ministry of Justice, the department of legal proceedings, establishing storage periods, and separately from members of the Expert Review Commission at the central department of the archives of the Ministry of Justice dated November 23. 1979, by order of the Main Archive under the USSR Ministry of Justice in the latest edition dated 06/09. 2011, which provides instructions and recommendations for archival records management in courts of different jurisdictions.
• By order of the Main Archive under the USSR Ministry of Justice dated September 17. 1980, with recommendations for archival records management in courts of various jurisdictions.

Old, but still valid documents provide the basis, job description for the activities of a judicial archivist. The new edition was published on June 09, 2011, No. 112:

• Criminal cases to be transferred to the archive must be filed, all sheets of the case must be numbered, including various judicial documentation included during legal proceedings related to specific legal proceedings, thereby finally ending the inventory of documentation. Upon completion, the signature of the court secretary verifies the inventory made.
• The judge checks the case, checks the list of documents with their availability, and orders its transfer to the court archive for storage. This right also belongs to the chairman of the provincial court.
• Note: even before issuing an order, the judge presiding over the criminal case carefully checks the timing of the entry into legal force of the decisions of the judicial authority, the sentence passed, rulings or decisions in the case.

• when a fine is imposed after the receipt of a writ of execution with a note of its implementation;
• assigned to forced labor - after being registered;
• when prohibiting the occupation of certain positions, restricting movement
• the verdict must be served, accounting is carried out;
• if an educational measure is chosen, then the minor is explained information about his violations and about registration with a department of the Ministry of Internal Affairs;
• when a sentence of exceptional punishment is imposed, notification of the convict’s arrival at the place of detention and its execution must be received;
• in case of an acquittal due to lack of evidence, the case is not handed over to the archives, but is sent to the prosecutor for further actions to identify those involved in the crime;
• in case of acquittal - the time of entry into force.

WE FORM AND SYSTEMATIZE CASES AND DOCUMENTS

Features of case formation

Preparing a file for storage begins long before the document is completed in office work. All DOE processes are performed sequentially and are interconnected.

note

Already at the stage of receiving an incoming document or creating an outgoing one, you need to understand in which file the document will be placed and what are the features of the formation of this file.

For example, orders for core activities must be taken into account and formed strictly separately from orders for personnel. The opposite is often the case with small organizations, where the secretary combines the functions of a clerk and a personnel officer. Before sending such a composite file for storage, you will have to disband it, and this is extra work.

As for correspondence, it should be formed according to the “request-response” principle, when each letter received or sent is filed according to its question, and not by type (incoming or outgoing). This must be done immediately, otherwise, when it comes time to send the files for storage, the secretary will spend a huge amount of time creating a correspondence history.

Ways to organize documents

Documents in the file can be systematized:

• Chronologically, that is, according to the time of creation. As a rule, in such cases, documents are arranged strictly by registration numbers, for example:

• Alphabetically - for example, by last name or project name:

• In a combined way - first the documents are arranged in alphabetical order, and then also chronologically, for example:

Documents divided into alphabetical blocks are separated from each other, for example, by colored separators. This is optional, but it makes working with the volume much easier. When numbering sheets, separators are numbered in the general order.

Thus, by the time the files are filed for storage, the documents will already be correctly formed into files, and within the files – systematized.

What is the expiration date for a criminal case?

— Financial law — Shelf life of a criminal case

A separate, completely isolated room must be allocated in the court premises, without adjoining the smoke exhaust structures, the placement of printing installations and the sanitary and communication departments of the building.

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There should be bars installed on the windows, and metal doors should be installed on the emergency and main entrances. The archive room should have only electric lighting, but in the same room there should be a room with natural light to organize the investigator’s work with materials.

The most important part of organizing an archive is the installation of fire alarms and operational fire extinguishing equipment.

In the case of a continuing criminal act consisting of several repeated acts with the same purpose, the period of limitation starts from the moment the last of such acts was committed. For a long-term crime, the term is calculated from the date of completion or suppression of the illegal actions of the perpetrator. The limitation period does not include the time period during which the offender is hiding from law enforcement officers.

The term is restored only after his actual detention or independent surrender. The use of statutes of limitations at different stages of judicial proceedings There are situations in which the period of limitations ends at a specific stage of criminal proceedings, then the law provides for such actions.

It is enough to present the archive worker with your ID confirming your authority. Peculiarities of storing criminal cases The organization of archival premises plays a huge role in storing criminal cases. Important materials from criminal cases will be transferred to the archive only if it meets the standards established at the legislative level.

A separate, completely isolated room must be allocated in the court premises, without adjoining the smoke exhaust structures, the placement of printing installations and the sanitary and communication departments of the building. There should be bars installed on the windows, and metal doors should be installed on the emergency and main entrances.

The archive room should have only electric lighting, but in the same room there should be a room with natural light to organize the investigator’s work with materials.

The lack of information about the organization of their work, as well as how the retention period of criminal cases and civil proceedings is determined, only leads to unreasonable waste of time. To solve production problems, from time to time there is a need to create conditions for storing materials of civil and criminal cases. Places are needed so that officials can study cases and make decisions on them.

1. Regulatory regulation
2. Shelf life
3. Requirements for archival premises
4. Request for archival materials

Regulatory regulation The work on storing criminal cases is organized in accordance with the requirements of order number one hundred thirty-seven of the Judicial Department of the Armed Forces of the Russian Federation, which began its operation in 1999.

The exception is cases when, during the deferment, the punishment is reduced or canceled at the request of law enforcement agencies. There is an unconditional opportunity to reduce or completely eliminate the penalty period, regardless of the will of the convicted person. How and to whom to send a petition To obtain reliable information on the case of interest, the following steps should be taken.

1. Work through the required article and subsection of the Criminal Code.
2. Study the most severe punishment under this article or section.
3. According to this punishment, the severity of the particular case is determined.
4. Set the terms of the inquiry according to the established gravity, in accordance with the rules of Article 78, Part 1.

If it is difficult to independently determine the required period, a lawyer can do this during a consultation.

An important condition is that when a subsequent crime is committed, the terms are not extinguished, but are considered individually in each specific case. Sometimes a criminal deliberately avoids attending court hearings and ignores official appeals and notifications. In this case, the calculation of the statute of limitations is suspended until the citizen appears in court or is arrested due to the gravity of the crime.

The criminal statute of limitations has its own characteristics and differs in essence from the rules established in civil proceedings. According to the Civil Code of the Russian Federation, the period is calculated for the time when the plaintiff can apply for protection of his rights. In criminal proceedings, it does not matter whether the interested person filed an appropriate application.

The calculation of the statute of limitations for a crime begins after the case is opened by the authorized bodies. This significant difference is related to the severity of the criminal offenses.

In Art. 78 of the Criminal Code establishes that one of the grounds for exemption from liability is the expiration of the statute of limitations in the case. The specific periods depend on the category of the act committed. Let's take a closer look at the statute of limitations in criminal law.

The statute of limitations in this case will be long. A person’s act can also be qualified according to its general composition without aggravating circumstances. In this case, the duration of the period will be different. The law establishes:

1. The statute of limitations for criminal cases involving crimes of minor gravity is 2 years. After this period, the perpetrator is released from liability.

After the end of the possible punishment, the interested person has the right to petition for the closure of criminal proceedings. After the expiration of the limitation period, the case is transferred to the archive and stored in the manner prescribed by the procedural code. When the period provided for this category of acts ends, the subject is released from the need to serve the sentence.

Within 3 years, a citizen may have problems with obtaining loans, applying for responsible positions and other restrictions.

In this case, it is worth remembering that such circumstances include only intentional actions of a person carried out in order to avoid imposition of punishment for a criminal act committed by him, for example, changing initials, place of permanent residence, etc.

In addition to the opening of such a concept as the statute of limitations in criminal cases, the law also provides for the moment of its closing - the final day of a certain period established by the current legislation on the territory of the Russian Federation or the date from which the decision of the judicial authorities on this matter legally comes into force business.

Regulatory regulation

The work on storing criminal cases is organized in accordance with the requirements of order number one hundred thirty-seven of the Judicial Department of the Armed Forces of the Russian Federation, which began its operation in 1999. The order approved the conditions for ensuring safety, the organization of selection, and the procedure for submitting documentation to federal and magistrate courts.

The prosecutor's office, the investigative committee, and the structures of the Ministry of Internal Affairs have created and approved instructions (job responsibilities) for office work and storage of strict reporting documents, including those at the stage of operational development, inquiry and investigation.

Rules for officials:

• during absence from the workplace, the employee must store documents in a locked (sometimes sealed) personal safe, the key to which is prohibited from being handed over, or in the office premises;
• the issuance of documents to third-party organizations is permitted only on the instructions of the prosecutor’s office;
• upon transfer, a card is created, an inventory is drawn up, and a report is drawn up;
• terminated (suspended) cases are archived.

If facts of loss of documents, as well as leaks of information from criminal cases under investigation, are revealed, an internal audit is organized, and strict measures are taken against the guilty official, including criminal prosecution.

Limitation periods in criminal cases

Attention

Statutory Limitations for Fraudulent Acts In order to accurately determine whether a victim can seek help from law enforcement agencies to protect legal rights, one must accurately determine the starting point of the statute of limitations period.

Important

The Civil Code of the Russian Federation stipulates that there are several possible options:

1. The starting point begins from the day when information was received that your rights were violated and by whom it was done.

For example, the employer, having collected contributions, disappeared in an unknown direction, the countdown period will begin from the day when you wanted to contact him but were unable to do so.

In this case, you realize that you have been deceived.

• If the fulfillment of obligations was scheduled for a certain date, then the beginning of the limitation period begins on the next day and can be a maximum of 10 years from the period when such obligations arose.

The list of basic requirements for the premises and security organization includes the following:

1. A separate isolated room is allocated in the court premises without adjoining the sanitary and communication parts of the building and placing furnace installations, as well as smoke exhaust structures.
2. Bars are installed on the windows, and metal doors are installed on the emergency and main entrances.
3. Lighting is provided only with electrical energy consumption.
4. Inside the archive there is a room for working with materials, with the possibility of natural lighting.
5. A fire alarm must be installed and operational fire extinguishing equipment must be installed.

Direct placement of materials is organized using mobile shelving structures of established sizes.

The statute of limitations in criminal cases is a certain legal period during which a citizen who has committed any criminal step may at one time be brought to any degree of responsibility to the fullest extent of the law.

A person can be brought to a certain responsibility for a crime within the limits of the law, but only if the investigation was opened before the end of the period provided for by current legislation.

According to criminal procedural norms, liability is provided regardless of whether a person truly interested in a positive outcome of the case took action or not - it is enough for the investigative authorities to carry out a certain procedure prescribed by law.

After the expiration of the limitation period, punishment cannot be imposed on the guilty person, in addition, the necessary measures provided for by law cannot be taken.

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The time frame for initiating a criminal case starts from the moment of commission of certain crimes.

But there are some exceptions to the general rules, for example, if the crime was not completed (prevented at the planning stage), in this case the limitation period starts from the moment of commission of any action prohibited by law, which became the cause or could have caused the subsequent an act that poses a danger to the public.

A continuing violation of the law, consisting of many systematically occurring facts of an illegal nature, then the period for closing the claim is calculated from the fact of the commission of the last act in this chain.

The periods of storage and termination of criminal proceedings do not include the time during which the accused prevented the official from fulfilling the obligations imposed on him to bring the guilty person to a certain type of responsibility.

In addition to the opening of such a concept as the statute of limitations in criminal cases, the law also provides for the moment of its closing - the final day of a certain period established by the current legislation on the territory of the Russian Federation or the date from which the decision of the judicial authorities on this matter legally comes into force business.

In 2022, when determining the limitation period, the Criminal Code provides for various terms, the use of which is directly related to the criminal act.

These terms are reflected in the Criminal Code of the Russian Federation, Art. 78:

1. In the case of a minor crime, the statute of limitations is several years. This refers to criminal actions, the responsibility for which requires detention in a colony for no more than 36 months.
2. If a crime recognized as moderately serious was committed, then the legal statute of limitations period will be 6 years. Criminal Code Art. 15 says that for acts of this kind a certain type of punishment is provided - imprisonment for a longer period than in the case described above: for pre-planned actions - 60 months, for actions committed without malicious intent - 3 years.
3. The duration of the investigation in criminal cases qualifying as especially grave is 120 months. Grave - planned actions, imprisonment for which is provided for up to 120 months.
4. For 15 years, prosecution has been provided for especially serious criminal acts. They are understood as acts for which punishment is provided in the form of detention in a maximum security colony for 120 months or more.

The current law on the territory of the Russian Federation provides for various situations in which the limitation period is not considered, including the following:

If various criminal acts are committed by a person, which requires lifelong detention in a maximum security colony, the expired period of investigation of the criminal case can be restored by a court decision.

In order to accurately determine whether a victim can seek help from law enforcement agencies to protect legal rights, one must accurately determine the starting point of the limitation period.

The Civil Code of the Russian Federation stipulates that there are several possible options:

1. The starting point begins from the day when information was received that your rights were violated and by whom it was done. For example, the employer, having collected contributions, disappeared in an unknown direction, the countdown period will begin from the day when you wanted to contact him but were unable to do so. In this case, you realize that you have been deceived.
2. If the fulfillment of obligations was scheduled for a certain date, then the beginning of the limitation period begins on the next day and can be a maximum of 10 years from the period when such obligations arose. For example, when selling a car to your friend, you agreed that part of the amount would be paid in a few months. The title to the vehicle has been transferred, the documents have all been reissued, the payment deadline has already arrived, but there is no money, that is, it is clearly fraud. The countdown begins from the moment claims are presented to the debtor, unless a payment deadline has been provided. You present demands to the debtor and set a period of 10 days; after this time, if you have not been paid in full, you can go to court.

If the debtor is hiding and the amount of debt is significant, that is, exceeds one million rubles, and there is evidence of criminal intent, then he faces criminal liability in accordance with current legislation.

In order to find out the deadline for terminating criminal proceedings, you should:

1. Find in the Criminal Code the corresponding article that you need, if it has sub-articles, then about the corresponding part of this article.
2. Study the maximum severe punishment provided for such an act, which can be assigned under this article of criminal law, or the part of this article that you need.
3. Based on the most severe punishment, determine the severity of the crime committed by you or another person.
4. Determine the timing of inquiries in criminal cases based on the severity of the criminal act committed. Here you should follow the rules, according to Art. 78 part 1 of the Criminal Code of the Russian Federation.

It should be remembered that the size of the limitation period in relation to criminal proceedings is related to the category of gravity of the criminal act committed.

According to the requirements of official legislation on the territory of the Russian Federation, all adult citizens can be brought to a certain type of responsibility at any time, but only if the investigation itself and the prosecution were carried out before the end of the limitation period determined by the existing law.

In addition, it should be noted that the limitation periods for civil and criminal cases are different.

But in order not to ask such a question, never cross the line of the law, otherwise everything may not end as well as you would like.

• Statutes of limitations for criminal offenses

Periods during which tax documents cannot be disposed of

Studying the headings of the nomenclature files for the tax accounting and declaration department, Maria made the following conclusion for herself: this type of documentation refers to short-term storage papers. Almost all files of this department, including tax reporting and declarations, were subject to storage for 5 years:

ConsultantPlus experts explained how long to store documents on insurance premiums. To do everything right, sign up for trial demo access to the system and switch to the ready-made solution. It's free.

Maria was familiar with tax documentation only theoretically. Therefore, to expand her knowledge, she used the materials on our website, from where she learned not only about all types of invoices (regular, corrected and adjustment), but also became acquainted with the rules for preparing tax returns and other similar documents.

You can learn more about filling out an amended invoice from the material “In what cases is an amended invoice used?” .

A practical example of filling out an adjustment invoice is contained in the article “Sample of filling out an adjustment invoice (2020 - 2021)” .

“What is the procedure for filling out a VAT return (example, instructions, rules)” will help you fill out the VAT return correctly .

Deadlines for storing criminal cases of murder

Hello, Ivan. List of documents of federal courts of general jurisdiction indicating storage periods (approved by order of the Judicial Department at the Supreme Court of the Russian Federation dated June 1, 2007 N 70) “2.5.

The EPC mark affixed to certain categories of documents in the List means that such a document may have scientific and historical significance and, based on the results of a specific study, is transferred to state storage or destroyed after the practical need for it has passed.

G------------------------------------------------- —————————————————————————————————————————————————— ———————¬ | B. Criminal cases | —————————————————————————————————————————————————— —————————————————————————————————————————————————— —————— | 05-37 |Originals of sentences and others| constantly | Art.

How long is a criminal case kept in the court archives? question number No. 2921939 read 4651 times Urgent legal consultation8 800 505-91-11 free

• The storage itself is 5 years. Sincerely, lawyer Nuriakhmetova Svetlana Maksimovna Elistae/address Personal consultation
• It depends... According to clause 5.3. List of documents of federal courts of general jurisdiction indicating storage periods (approved by order of the Judicial Department at the Supreme Court of the Russian Federation dated June 9, 2011 No. 112) Criminal cases considered in the court of first instance are stored: 184. Cases of crimes for which punishment was imposed in in the form of life imprisonment permanently 185. For especially serious crimes permanently 186. For serious crimes 15 years 187. For crimes of moderate gravity 10 years 188. For minor crimes 5 years 189.

We determine the storage periods for HR department documentation

HR documentation is distinguished by one nuance: many files are subject to storage for 50/75 years. Such a long storage period is provided for documents related to personal information about company employees.

Find out in ConsultantPlus which personnel documents inspectors will definitely check during an inspection. If you do not have access to the system, get a trial demo access and proceed to the HR Guide. It's free.

Maria also filled out the personnel nomenclature with retention periods, which are presented in the table (abbreviated):

Maria studied individual documents from the nomenclature in particular detail. She was interested in questions related to what regulatory requirements they should meet and how they should be filled out correctly.

Maria found answers to her questions on our website.

For example:

• You can learn about the type and content of the staffing table from the material “Unified Form No. T-3 - Staffing Schedule (form)” ;
• the timing of approval of the vacation schedule and punishment for its absence is discussed in the article “Unified Form No. T-7 - Vacation Schedule” .

I. General provisions

1.10. The storage periods for categories of documents formed after the publication of this List are agreed upon by the Central Expert and Verification Commission under the Federal Archival Agency upon the proposal of the relevant federal court of general jurisdiction and the Economic Commission for the Economic Commission of the authorized executive authorities of the constituent entities of the Russian Federation in the field of archival affairs.

II. Structure of the List and procedure for its application

1.7. To compile the headings of cases and documents of the List, the corresponding names of types of documents and storage periods provided for by the List of standard administrative archival documents generated in the process of the activities of state bodies, local governments and organizations are used, indicating the storage periods approved by the order of the Ministry of Culture of the Russian Federation dated August 25 2010 No. 558. In the nomenclatures of cases, the storage periods for categories of documents and article numbers are indicated according to this List.

2.11. A civil case in which the claim is rejected or the claim is left without consideration, or the proceedings are terminated, is considered completed and is subject to registration for filing in the archive after the decision (ruling) comes into force.