Procedure and terms of storage in information centers of information on bringing persons to criminal liability


What is Kusp police?

Each application (message) accepted (received) by the internal affairs bodies is assigned the next serial number of the Book of Registration of Applications and Reports of Crimes, Administrative Offences, and Incidents (hereinafter referred to as KUSP), which contains brief information on the substance of the application (message).

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Regulatory regulation

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.

Grounds for combining criminal cases into one proceeding

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.

The procedure for requesting documents from the archive

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.

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.

Storage periods for organizational documents

Please note: for periods that depend on the date of execution of documents, the designation “50/75 years” is used. A document drawn up after 2003 must be kept for 50 calendar years, and a document drawn up before 2003 for 75 years. The retention period means that after its expiration, the document can be selected for permanent storage.

Documentation categoryType of documentsPrevious termsNew terms
Tax accountingInvoices4 years5 years
Tax accountingRegisters of information on the income of individuals submitted by tax agents75 years old5 years
Tax accountingBooks of accounting of income and expenses of individual entrepreneurs and organizations using the simplified tax systemConstantly5 years
Tax accountingCalculations of insurance premiums for your employeesIf there are personal accounts - 5 years If there are no personal accounts - 50 years (if documents were issued since 2003) / 75 years (if documents were issued before 2003)50/75 years
Tax accountingCards for individual accounting of accrued payments and insurance premiumsIf you have personal accounts - 5 years
If you have no personal accounts - 50/75 years
If you have personal accounts - 6 years
If you have no personal accounts - 50/75 years
AccountingDocuments (acts, certificates, correspondence) on misappropriations, shortages and embezzlement5 years, for some of this documentation - permanently10 years after compensation for damage; in case of initiation of criminal cases are stored until a decision is made on the case
AccountingDocuments on wages and other payments (payslips, payslips)If you have personal accounts - 5 years
If you have no personal accounts - 50/75 years
If you have personal accounts - 6 years
If you have no personal accounts - 50/75 years
Personnel accountingOrders on disciplinary sanctions and documents that served as the basis for their issuance5 years3 years
Personnel accountingApplications regarding the need for foreign employees5 years1 year
Personnel accountingDocuments on the status and measures to improve working conditions and labor protection and safety regulationsConstantly5 years
Personnel accountingAccount cards, books, magazines, vacation databases3 years5 years
Personnel accountingDocuments for recording accidents and incidents at workConstantly45 years
Personnel accountingVacation schedules1 year3 years

Document retention periods

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Storage periods for accounting documents

The storage periods for accounting documentation are regulated by the Federal Law “On Accounting” No. 402-FZ dated December 6, 2011. Article 29 of this law establishes no less than a 5-year retention period for all accounting documents, with the exception of those that must be kept for the entire time the organization carries out its activities. At the same time, according to paragraph 1 of this article, specific deadlines for various types of documentation must comply with the rules for organizing state archival affairs. Therefore, in 2022 we must proceed from the deadlines established by the Federal Archive on February 18, 2020, but they should not be less than 5 years.

Office documents: how long will they have to be stored?

The nomenclature of the office contained a list of a wide variety of files, the storage periods of which were strikingly different from each other. For example, a retention period of only 1 year applies to internal labor regulations (after replacement with new ones), and the collective agreement is required to be kept permanently.

The nomenclature of the office affairs was as follows (abbreviated):

Case index Case title Number of storage units Shelf life and article numbers according to the list Note
1 2 3 4 5
01. Office
01-01 Charter of Virage LLC Constantly

Art. 28

01-02 Collective agreement of Virage LLC Constantly

Art. 386

Sent for information - until the need has passed
01-03 Internal labor regulations of Virage LLC 1 year

Art. 381

After replacing with new ones
01-04 Orders of the director of Virage LLC on core activities Constantly

Art. 19

01-05 Orders of the director of Virage LLC on administrative and economic activities 5 years

Art. 19

01-06 Minutes of meetings with the manager Constantly

Art. 18 "e"

Minutes of operational meetings - 5 years
01-07 Nomenclature of cases Constantly

Art. 157

Structural divisions - 3 years
Reserve
Reserve

While filling out column 4 of the nomenclature, Maria drew attention to the last 2 lines in column 2 “Case title”. As it turned out, it is customary to leave several reserve lines in the nomenclature of any division of the company in case headings of cases appear that were not previously provided for in the nomenclature. Retention periods in these lines will be entered only after the reserve lines are filled with the names of cases - while Maria left them empty.

After entering the storage periods for documents reflected in the office nomenclature, Maria began documenting the personnel department.

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