Infernal Send me a copy of the appeal. Elementary rules for business correspondence by e-mail

Today, the courts often take electronic correspondence as a written evidence. However, for this, it must have legal force. Meanwhile, clear and uniform rules and methods for determining the legitimacy of virtual correspondence have not yet been developed, which leads to a large number of problems.

Consider several ways to give electronic letters of legal force.

The times have long passed when the only means of communication were letters performed on paper. The development of economic relations between the subjects of economic activity is already unthinkable without using information technology. This is especially true when counterparties are in different cities or even countries.

Communication through electronic communication helps to reduce material costs, and also allows us to develop a common position on specific issues as soon as possible.

However, such progress should not be considered only from the positive side. There are often different disputes between the subjects of economic relations, for their permission, they are treated for judicial instances. The court makes a decision on the basis of evaluation of evidence provided by the parties.

At the same time, the relevance is analyzed, admissibility, the accuracy of each evidence separately, as well as the sufficiency and mutual relationship of evidence in their aggregate. This rule is enshrined as in the APC RF (paragraph 2 of Art. 71) and in the Code of Civil Procedure of the Russian Federation (paragraph 3 of Art. 67). In the process of determining the admissibility and accuracy of the evidence provided, the court often asks questions, the solution of which is largely affected by the outcome of the case.

The use of electronic document management in the relations of economic entities is regulated by the norms of the Civil Code of the Russian Federation. In particular, in paragraph 2 of Art. 434 indicated: Treaty in writing It may be concluded by exchanging documents by electronic communication, which allows you to reliably establish that the document comes from the part side.

In accordance with paragraph 1 of Art. 71 Code of Civil Procedure of the Russian Federation and paragraph 1 of Art. 75 APC RF in writing proof is containing information about the circumstances of the importance for consideration and permission of the case, the business correspondence performed in the form of a digital record and obtained by electronic communication.

To use electronic documents in legal proceedings, two conditions are compliance. First, as already mentioned, they must have legal force. Secondly, the document must be accessible for reading, that is, to contain a common and accessible information for perception.

This requirement follows from the general rules of proceedings, involving the impedition of the perception by the judges of information from the sources of evidence.

Often, the court refuses to adopt as evidence to the materials of the electronic correspondence, which does not meet the above conditions, and subsequently makes a decision that does not satisfy the legitimate demands of the interested party.

Consider the main methods of e-correspondence legitimation before and after the start of production.

Work with notary

If a the proceedings have not yet begun, To give an electronic correspondence of legal force, you need to attract a notary. In paragraph 1 Art. 102 The foundations of the legislation on the notary (basics) said that at the request of interested persons, the notary provides evidence necessary in court or administrative authority, if there are reasons to believe that the provision of evidence will subsequently become impossible or difficult. And in paragraph 1 Art. 103 The foundations stipulated that in order to ensure evidence, the notary makes an inspection of written and material evidence.

According to paragraph 2 of Art. 102 The foundations of the notary does not ensure evidence in the case, which at the time of appeal to him of interested persons is in the work of the court or administrative body. Otherwise, the courts recognize a notarized electronic correspondence by invalid proof (Resolution of the Ninth AAS of 11.03.2010 No. 09AP-656/2010-CC).

It is worth recalling that based on Part 4 of Art. 103 The basics of providing evidence without notifying one of the parties and stakeholders is made only in cases that do not endile.

In order of inspection of evidence, a protocol is drawn up, in which, in addition to a detailed description of the actions of the notary, information on the date and place of inspection, a notary, which produce inspection, on stakeholders participating in it, and also listed the circumstances found during the inspection. The e-mails themselves are printed and fed to the protocol, which is subscribed to those involved in the inspection by persons, notary and bonded to its print. Due to the definition of you of the Russian Federation dated 04.23.2010 No. You-4481/10, the notary protocol of an email inspection is recognized as appropriate proof.

Currently, not all notaries provide services for the assurance of electronic letters, and their cost is quite high. For example: one of the notaries of the city of Moscow charges 2 thousand rubles for one page of the descriptive part of the protocol.

The person interested in ensuring evidence appeals to the notary with the relevant statement. It should be an indication of:

  • evidence to be supported;
  • circumstances confirmed by these evidence;
  • the grounds for which the provision of evidence is required;
  • the absence at the time of appeal to the notary of the case in the production of a court of general jurisdiction, an arbitration court or an administrative authority.
Considering the technical process of transmitting emails, the email detection places can be a recipient computer, the mail server-sender, the mail server, the recipient, the person who is addressed to the electronic correspondence.

Notaries are inspected to inspect the contents of the e-mailbox or remotely, that is, you use remote access to the mail server (it can be a provider server providing an electronic communication service for a contract; a domain name registrar's mail server or a free mail Internet server), or directly from the stakeholder computer where the program of work with e-mail is installed (Microsoft Outlook, Netscape Messenger, etc.).

With a remote inspection, in addition to the application, the notary may need permissions from the domain name registrar or the Internet provider. It all depends on who exactly supports the work of the mailboxes or the e-mail server under the contract.

Certification of the provider

Decisions of the ninth AAS of 04/06/2009 No. 09AP-3703/2009-AK, from 04/27/2009 No. 09AP-5209/2009, FAS MO of 13.05.2010 № kg-A41 / 4138-10 Enchanted that the courts also recognize the admissibility of electronic correspondence If it is certified by the Internet provider or the domain name registrar, which is responsible for managing the mail server.

The provider or the domain name registrar assures an electronic correspondence upon request of the interested party only if manages the mail server and such a right is spelled out in the contract for the provision of services.

However, the volume of electronic correspondence can be quite large, which in turn it can make it difficult to make the process of providing documents on paper carriers. In this regard, the Court sometimes admits the provision of electronic correspondence on electronic media. Thus, the Arbitration Court of the Moscow Region, making a decision of 01.08.2008 in case No. A41-2326 / 08, referred to the admissibility of electronic correspondence given to the court on four CDs.

But when considering the case in the appellate instance, the tenth AAS by the decision of 09.10.2008 in case No. A41-2326 / 08, a reference to the electronic correspondence was recognized unreasonable and canceled the decision of the court of first instance, indicating that the Party interested did not submit any documents stipulated by the parties contract.

Thus, emails concerning the subject of the dispute should be submitted to the court in writing, and all other documents can be represented on electronic media.

Prove the facts set forth in virtual correspondence will help confirm the content of letters by references to them in the subsequent paper correspondence. The application of other written evidence is reflected in the Decree of the Ninth AAS of 12/20/2010 No. 09AP-27221/2010-GK. Meanwhile, the court, considering the case and evaluating the evidence provided by the parties, is entitled to not consider admissible paper correspondence with reference to electronic correspondence.

He only takes her into account and makes a decision on the basis of a comprehensive analysis of all presented evidence.

For help to expert

If a the proceedings have already begunYou must use the right to attract an expert to impart e-mail correspondence of legal force. In paragraph 1 of Art. 82 APC RF is regulated that to clarify the issues that arise when considering the case requiring special knowledge, the Arbitration Court appoints an examination at the request of the person participating in the case, or with the consent of the persons participating in it.

If the appointment of an examination is prescribed by law or contract, or is required to verify the application for falsification of the proof presented, or if it is necessary to conduct an additional or re-examination, the Arbitration Court may appoint an examination on its own initiative. The appointment of examination in order to verify the proof presented is also provided by Art. 79 Code of Civil Procedure of the Russian Federation.

In the petition for the purpose of the forensic examination, it is necessary to indicate the organization and specific experts who will exercise it, as well as the range of issues, to solve the part of the party, decided to apply to the court on the appointment of expertise. In addition, it is necessary to provide information on the cost, the timing of such an examination and deposit the full amount for its payment for its payment. The attracted expert must meet the requirements established for it in Art. 13 of the Federal Law "On State Forensic Expert Activity in Russian Federation».

Attachment to the materials of the case as proof of an expert on the authenticity of electronic correspondence is confirmed by judicial practice (the decision of the Arbitration Court of the city of Moscow dated 21.08.2009 in case number A40-13210 / 09-110-153; Resolution of the FAS MO of 20.01.2010 № KG-A40 / 14271-09).

Based on the contract

In paragraph 3 of Art. 75 APC RF noted that the documents received by electronic communications are recognized as written evidence if it is spelled out in the contract between the parties. Accordingly, it is necessary to indicate that the parties recognize the legal force of the correspondence and documents obtained by facsimile communications, the Internet and other electronic communication methods with originals. At the same time, an email address must be defined in the contract with which the electronic correspondence will go, and information about the trusted person authorized to maintain it.

In the contract, it is necessary to register that the designated email address is used by the parties not only for working correspondence, but also to transmit the results of work, which is confirmed by the position of the FAS MO in the decision of 12.01.2009 No. KG-A40 / 12090-08. In the Decree of the Ninth AAS of December 24, 2010 No. 09AP-31261/2010-CC, it is emphasized that the contractual use of emails should be specified in the contract to approve the technical specifications and complaints of the quality of services rendered and work performed.

In addition, the parties may foresee in the contract that notifications and messages sent by e-mail are recognized by them, but should be additionally confirmed during a certain term by courier or by registered mail (Decree of the Thirteenth AAS of 04/25/2008 No. A56-42419 / 2007).

Summing up, it can be said that at the moment the practice of applying e-mails by the courts as written evidence has developed. However, given the requirements of procedural legislation in terms of the admissibility and reliability of evidence, the virtual correspondence is made by the court into account only if it has legal force.

In this regard, there is a large number of problems, since the unified method of determining the legitimacy of electronic correspondence has not yet been formed. The right of an interested parties to apply to a notary in order to ensure evidence is enshrined, but there is no regulatory act of the Ministry of Justice of the Russian Federation, which regulates the procedure for providing such services by notaries. As a result, there is no single approach to the definition of their value and the formation of a clear mechanism for implementing this right.

There are several ways to give electronic correspondence of legal force in order to provide as evidence in court: providing electronic correspondence in the notary, certification of the Internet provider, by reference to emails in further paper correspondence, as well as confirming their authenticity by forensic examination.

A competent approach to timely provision of electronic correspondence as a written evidence will allow business entities to fully restore their violated rights when resolving disputes.

To surprise, many people when they demand to send a letter to several people at once, simply list the addresses in the "To" field, it is normal when this letter is addressed to your colleagues or friends, but when sending letters to a group of customers, - Thus show everyone Addresses and other recipients actually revealing their address base.

To any of the customers, it is enough to send this letter to your competitor and your contacts immediately leak.

Strange, but many are far from stupid people, with surprise they will find out that if you need to send a letter to a multitude of addressees so that they do not know each other, then there is a "hidden copy" field.

For example, for Mail.Ru it will look like this:

And so once again briefly: We pointed out the addresses in "To" - everything can be seen to whom you sent letters, pointed to the "hidden copy" - everyone thinks that the letter is only to him.

And each recipient will receive a letter where in the field "Who will" only his address . For other programs, if you can not find where to specify a hidden copy, then ask someone to show you. Another small moment, be sure to specify one address in the "To" field, most of the programs or mail servers will not be allowed to send a letter without this parameter.

And so, when it comes to mailing off, news group of your customers - here the practice of using a hidden copy is unequivocal, you must hide your address database. Interesting moment with sending a letter to your colleagues, here it is recommended to do on the situation, for example, sending letters with a request to send suggestions (for example, to improve customer service) and if each colleague sees what other people have received the same letter, they will most likely be answered - will not be - Hoping on others, it means you need to use a hidden copy. If this order is executed, for example, the instruction in "To" the head of your colleague is simply created by miracles, and your order will be performed.

Separate question with suppliers. On the one hand, the indication of all recipients in the copy must show the supplier that you have a choice and he must offer you good prices. On the other hand, the manager who received your letter, seeing what was sent not only to him, most likely will react to your request "cool". Personally, in my opinion, I think that in the case of suppliers you need to use a hidden copy, at least to protect commercial secrets, but more soon for good relationships with the manager's manager.

You can read the recent case of an employee of a specialist when all recipients saw other addresses: everyone smacks in this chat, it's true that the people solid was the director, but still many have received the spam in response.

Well, as always, the discussion in the comments is welcome.

How is a copy of an outgoing letter? Do I need to remove the header of the document?

Answer

By definition of GOST R 51141-98, "office work and archival business. Terms and definitions ", a copy of the document must fully reproduce the original of the original of the document and all or part of its external signs. If we are talking about a copy of the outgoing document placed in the organization of the organization for storage, then there are two options for its manufacture:

Read more varieties of business letters

1. The artist prepares the answer, prints it on the organization's form, then on the copy machine removes a copy from the document prepared on the form and transmits the script of the letter and a copy of the visiting, and then on the signature to the head. In this case, the copy will reproduce the external features of the document, including the details of the form;

2. The artist is preparing the answer, prints it on the form, then makes a copy, printing a prepared letter on a regular sheet of paper (not on the letterhead). In this case, the copy will not play the document blank.

Read more about how to express refusal in a business letter We wrote in the material on the link.

The second option of making a copy of an outgoing letter is usually used in cases where the forms are used in the organization, manufactured by the typographical way.

Thus, it can be said that the "Cap" of the document, that is, the requisites of the form may be present on the copy, and may be absent. It all depends on the method of making a copy, but such a requirement is to remove the details of the blank from the copies, no.

"Commercial offer", "news", "for you" or just "RE:" - if such a letter came from an unfamiliar address, then, most likely, it will seem spam. A few words in the topic of letters are able to attract the attention of the recipient or make it send a letter to the basket. The topic is the first thing that the recipient will read the recipient. Therefore, it is so important to formulate it.

In the subject of the letter briefly specify its main content. It is advisable to write as specifically as possible, not "about the problems", but "problems in the supply of drugs in the pharmacy on the street. Seleznev." If you appeal with a proposal for cooperation, then specify the topic of writing that affects the interests of the addressee. For example, write not "Offer on cooperation", but "offer a joint advertising campaign to increase sales." Or: "For Alpha: an exclusive discount on advertising in the betting points of" Beta ". The addressee should immediately understand how your letter will be useful. In addition, if he wants to find it in the list of received after some time, it will be able to ask the keywords you specified in the topic to search. When the recipient of the letter acts a potential employer, a convenient version of the topic will be like this: "Summary I. A. Ivanova for a vacancy of the pharmacist."

In no case do not send any files without a cover letter. It's like to go to the office for a business partner without saying hello, and just throw the necessary documents on the table. Accompanying letter from polite handling: by name-patronymic - to those who older than you occupy a leadership position or simply prefers such an appeal to himself; By name - to those who are always presented only in this way and does not propose to call themselves by patronymic. If you do not know how best to contact, please contact by name-patronymic. Go to more familiar handling by the recipient will offer you yourself. If the name is unknown - you can see the generalized words: "Dear colleagues!", "Dear company's respected management!", "Dear Suppliers / Clients / Future Partners!" Finally, if you really don't know how to contact - leave just the word "Hello!"

At the beginning of the letter, it is best to remind the addressee about how you started cooperation, met. For example: "During the conference in Moscow, we met and discussed the possibility of further cooperation." Such a phrase you remind a person who you are and why he is writing. It will not be superfluous to express appreciation if there is for what, for example: "We express my deep appreciation for the fact that you have assisted us in holding an advertising campaign."

Next, immediately go to the main content of the letter. Preferably without prefaces in one phrase formulate a reason for handling: "I propose to organize a meeting and discuss the opening of a new branch." Remember that most people read the text from the screen more complicated than printed. Therefore, it is important that a person will quickly understand what you want from him. In addition, the first phrases are remembered best. And if you "harness" the main idea in the middle of the letter, then the recipient may simply not catch it. Try to logically split the entire text of the letter to paragraphs. Each of them start with the main thought of the fragment. If you propose to discuss a few questions, then they can be numbered. Avoid too long letters. If the presentation of the problem occupied a large volume - it is better to copy it to a separate file and attach to the letter. Then the recipient will be more convenient to save the file if necessary in a separate folder or print it.

At the end of the letter, it is customary to express hope for further cooperation, thank or in any other way to designate its benevolent attitude towards the recipient of the letter. For example: "I hope that all difficulties in our cooperation will be overcome, and we will establish the most effective interaction!", "We express our appreciation for long and fruitful cooperation and the support of our project!"

At the end of the letter, specify the name, position, company name and contact information. It is advisable to specify all the contacts that may be needed to the recipient: mailing address, telephones, fax, email, site address. If you use Skype and ICQ in the working goals - specify them. At the same time, it is desirable not to indicate "extra" contacts. For example, you should not specify several email addresses - it is better to write one for which the mail is delivered to the best.

Sign up each of your letter. It is extremely uncomfortable when the contacts man points from time to time, and to call him - you have to browse a few letters in search of the phone number. Use autographs in postal programs and on postage sites. Due to this feature, the mail program automatically adds autodigate to each created letter.

If you need several signature options - for example, with different contact details for regional and federal partners, it is possible to create several options for auto storage.

"Oh, I forgot to attach the file. I send" - this is perhaps the most frequent phrase that can be found in letters with nested files. Such forgetfulness - it seems to be a trifle. But because of it, significant delays in business processes occur. You sent the file and wait for the answer. The next day, call and learn that the file is not received, because you forgot to attach it. In order not to get into this situation, make yourself a habit when sending files to the first thing to attach them to the letter, and then write the accompanying letter.

Another advice is called files so that they are clear to the recipient. If your addressee is a potential employer, the file must be called not "summary", A "Ivanova I. A. Summary for a vacancy of pharmacist" or "Pharmacist. Ivanova". If the recipient is a business partner, then also look at the file with its eyes. Name not: "Commercial offer for Alfa", but "Commercial offer from Beta". Not: "Price", and "Price. Advertisement on the monetress. Company" Advertiser ". In this case, the recipient will quickly retain a letter in his folder and it will not have to specifically rename it.

It is advisable to send a letter to the person whose competence is indeed a solution to the issues affected in the letter. If you send a resume, you need to first find out the email of the personnel manager or the manager. If a proposal for cooperation is sent - it is necessary to someone who decide on such issues, be it a procurement manager, a specialist in advertising or director.

It happens that the only available address is the general address of the company like [Email Protected] or [Email Protected] I wrote to such an address, you can easily turn out to be unnoticed, because a lot of spam comes to it. Therefore, it is desirable in the subject line theme to indicate the name of the company's employee for which the letter or the name of the company in which you appeal. It will also help to draw attention to the key words related to the company's activities. For example: "Problems with the supply of forest from the company" Firewood Siberia "" - this formulation will attract the attention of managers of the relevant company.

Another typical sender error is the desire to inform about the content of your letter of all in a row. They indicate the addresses of all more or less interested people to receive copies. Unnecessary letters cause annoyance from recipients, they distract from work including you themselves when you are beginning to call back for clarification.

There is a rule: if you list all the recipients through the comma - then the answer is expected from each of them, and if you specify a portion of the addresses in the "copy of the letter" line, you do not expect an answer from these addresses, just informing them. However, this rule is not fulfied by all. And with constant addressees, it is better to agree on such a rule.

Another convenient feature for sending copies is a hidden copy. If you give the address of the second recipient to this line, then the first does not recognize that you informed someone else.

Use delivery notice for important letters. Do not try to provide them with every letter. You can also use a note that the letter is particularly important. Just do not abuse it. And then some senders of letters love to marry as particularly important all letters in a row, and from this, their letters cease to be perceived as significant.

To work with the received letters, the function of sorting received letters by folders is very convenient. In the postal program, you can create certain rules on which incoming letters will be distributed by folders from a specific addressee, with a certain keyword and so on. Letters can be sorted by almost any parameters: as important, size, date, addressee list, and so on. Use the sorting is especially convenient if you are signed on any newsletters or if you have a large volume of letters. In this case, for example, the newsletter on the newsletter will fall into a separate folder, and you can read them when there is a suitable time, and not every time such a letter comes.

In business letters it is not customary to use "emoticons". Express emotions with the words: "Wonderful", "very joyful", "admire." An exception is a correspondence with the business partners with whom you switched to "you", more than once we drove together a coffee shop and generally support informal relationships. Some try to be original in letters. For example, invent non-standard signatures and final phrases: "the most creative director", "the best sales manager", "with respect and love for you," I am waiting for an answer with impressive. "

For employee of the agency of the holidays, the design studio, whose work is involved in a creative approach, - non-standard wording will be only a plus, but if an accountant or head becomes originally, it will hardly be accepted with understanding.

When answering letters is most convenient to save a copy of the incoming letter in the body of the letter, it is also more convenient to leave the same that the sender said. Then both will be convenient to keep track of the problem of solving the problem. But the manner is extremely inconvenient, when the author, for the first time, by sending a letter on some new topic, leaves the topic that has been preserved in some long-standing incoming letter. Get a spring letter with the theme "R": Happy New Year! " Not very pleasant and convenient. Immediately understand what the letter will be discussed, it will be impossible. Find it through the "search" by keywords will also subsequently will not work.

If you go on vacation or leave for a business trip for a while - use the "Auto answer function in the absence" function. In this case, during your departure to everyone who will send you letters, the standard answer will come, which you yourself will write. In this car, it is advisable to specify what date you will go to work again, as well as with whom you can contact during your absence.

This type of business correspondence is less and less used in our lives, an email came to replace him. However, there are situations where paper letters are more efficient than electronic. For example, when you need to invite a steering employee to a particularly significant event or when you want to transfer a qualitatively printed commercial offer personally in hand. In this case, the fact that the sender spent time on the printout and sending a letter by mail will emphasize respect for the recipient.

Recommendations for the preparation of paper letters in general are the same as for electronic. It is necessary to respect the recipient to the recipient, at the very beginning to formulate the main idea of \u200b\u200bthe letter (for example: "We invite you to a solemn presentation of the awards"), it is structured to set out the main content and indicate all the necessary contacts.

It is important to use high-quality paper and a clearly typing printer to create an envelope letter and print. Only in this case, the paper letter really will emphasize that his recipient is an extremely important person for the sender.

Write letters only when it is really necessary. An important requirement of business correspondence, as in whole business communication, is a respectful attitude to a partner time. Take care of the recipients of your letters, carefully formulating questions and remove unnecessary details. Then your messages will always be perceived as important and informative, and you will receive answers on them.

Text: Irina Kurivchak

Obviously, email has many advantages and is widely used in the process of conducting economic activities.

In this article, I propose to consider the issue of legal strength of electronic correspondence as evidence. It will be about the usual correspondence carried out by the overwhelming majority of people, without the use of electronic digital signature, or other analogues of the self-signed signature.

Often, in the process of conversation with trusts for a particular problem, it turns out that either the contract was concluded by exchanging documents by e-mail, or all or part of the legally significant correspondence of the Parties to the Treaty was carried out by e-mail. Moreover, the principal is simply convinced that without problems will prove its right to refer to this correspondence and such a contract.

The question arises whether this email correspondence Proof of certain circumstances? What if the procedural opponent declares that it may also provide correspondence containing opposite information, how to give correspondence procedural and legal force?

Let's go from in common to the private.

Legislative regulation in the field of use of technical means in the design of evidence is clearly insufficient, the conceptual apparatus, as such, in different regulatory acts, the same concepts are often determined in different ways.

Without going into technical features of e-mail, leaving you without extensive email definitions, information and telecommunication networks and other concepts, we turn directly to the proofs in the arbitration process, so to speak a little theory.

As we know, the evidence of the case received in the framework of the Arbitration Code of the Russian Federation (hereinafter referred to , as well as other circumstances that are important for the correct consideration of the case. For evidence, written and material evidence is allowed, explanations of persons participating in the case, the conclusion of experts, consulting specialists, testimony of witnesses, audio and video recordings, other documents and materials (Art. 64 of the APC RF).

In turn, written evidence is containing information about circumstances that are important for business, contracts, acts, certificates, business correspondence, other documents performed in the form of a digital, graphic recording or otherwise, allowing to establish the accuracy of the document.

According to Art. 75 APC RF is allowed as written evidence to documents obtained through facsimile, electronic or other communication, including using the Internet information and telecommunications network in cases and in the manner established by this Code, other federal laws, other legal acts or contract or determined within its powers by the highest arbitration court of the Russian Federation.

Let us remove theoretical disputes in the legal sphere on whether the correspondence by email with written or material evidence is for the desired result (recognition correspondence as evidence in court) It does not matter much.

We proceed from the fact that the correspondence contains information about the circumstances that are important for the case does not matter what it is, or any other dispute.

As we see, in order to electronic correspondence I answered the criteria for written evidence and was allowed as a written evidence, it must be responsible for at least the following conditions:

It must be performed in a way to establish the accuracy of the document;

It should be obtained in the established APC of the Russian Federation, other federal laws, other legal acts or contract.

These criteria and become a stumbling block every time referenced to electronic correspondence As evidence of certain circumstances.

Formally, the true content of electronic correspondence can be established by examining it at the location according to the rules of Art. 78 APC RF (for example, a court may require an appropriate person to provide access to e-mail, inspect a message or an invested file). Personally, I have never come across the courts so that I have done so, although I have seen representatives who "rushed" with a laptop to the judge.

Regarding "must be executed by the way to establish the accuracy of the document":

It seems that it is hardly the only possible way to "evaluate" an electronic correspondence is its printout on the printer. But the courts do not eagerly take such printouts as evidence, since the likelihood of frauds.

We do not provide all, but the analysis of judicial practice helps to develop a number of practical measures that make it possible to give the electronic correspondence "proceduralness".

Make an act indicating the date and accurate time of drawing up. In the act, specify the person's information that made a correspondence on the screen and the further printout (name, position), such a person can be as a leader of the organization - the part of the dispute providing any other person relevant to the dispute.

Also in this act, you should bring data on software (specifying the browser version) and used computer technician. The act containing the above information is at least depriving your procedural opponent's argument that it is not possible to establish by whom when and using the printing is made. At least, I always refer to the recruitment of correspondence, always refer to the fact that the correspondence submitted by the Court does not meet the criteria of evidence precisely because it is not clear by whom when and using what it is produced.

Letters also addressed to my principal and not corresponding to my position in the case always "depart in spam" did not get everything.

In the act of the act, you must specify the sequence of actions produced when rewriting on the screen and further printout. For example, you can take a protocol of inspection by notary written evidence.

Now let's turn to the accuracy of electronic correspondence.

It seems that under remoteness in this case, the conviction of the truth should be understood. Part 3 of Art. 71 APC RF established that proof is recognized as an arbitration court of reliable, if as a result of its verification and research it turns out that the information contained in it corresponds to reality.

In the same way, the correspondence must be performed so that its truth does not cause doubts.

First of all, from the correspondence should be clear from whom and who sent a letter or document. It seems that the identification of the sides of the correspondence should be taken in advance by providing in the contract of email address of the parties, since to prove the identity of this or that email address to a specific person or organization can be very difficult (to register an e-mailbox, you should not provide any documents certifying the personality or constituent documents, registration is usually anonymous).

As follows from paragraph 3 of Art. 75 APC RF The Party has the right to include in the contract the condition on the procedure for individualizing its electronic correspondence (sending messages to agreed email addresses) for giving it the properties of reliability.

It is worth noting that since this method involves the mandatory use of those email addresses that are directly designated in the contract, which is rare in practice, this method of establishing the accuracy of electronic correspondence is not very reliable.

For example, see, for example, the resolution of the Far Eastern District FAS dated November 16, 2012 No. F03-5177 / 2012 (the plaintiff's argument on the transfer of controversial claims to the defendant by e-mail was rejected, because did not testify to their plaintiff. At the same time, the case was not presented evidence of coordination by the parties to the use of electronic documents in claim work).

In case of the impossibility of correlating the contract side and a specific address, I can only recommend referring to paragraph 1 of Art. 5 of the Civil Code of the Russian Federation, justifying the use of e-mail in the absence of relevant instructions in a contract or other bilateral document as a custom of business turnover, and also indicate the lack of objections of the proceeding opponent on such an exchange of information.

I also note that the person leading the correspondence by e-mail on behalf of another person (or in his interest) must be authorized.

Documents decorated contradictory, without proper specifics, will most likely be rejected by the court on the basis of inaccuracy.

As for the second condition - "obtaining a correspondence in the established APC of the Russian Federation, other federal laws, other legal acts or contract."

I did not find in the current legislation any procedure for obtaining such evidence as an electronic correspondence. It seems that this correspondence should not violate the right of the Secret Correspondence provided for by the Constitution. E-correspondence has the NOTARUS

Sometimes the participants in the process are asking for admission notarized electronic correspondence.

I will not describe what is regulated by providing evidence by a notary, who will be interested in finding himself, focus on the issue of providing evidence by a notary brief.

Please note that if production has already been initiated to refer to the notary too late. Yes, I admit that the court may treat with great confidence in the certified doctors. But there is no such claim in the law, and accordingly contact him not necessarily.

I will draw your attention to the following points:

The accuracy of the electronic correspondence in this case is limited by cases when the parties belong to the parties to the parties;

Notary is obliged to notify the time and place of providing evidence of the parties and stakeholders. If the notary does not do this and the court will not establish non-infidental cases, then there is a chance that the protocol inspection of material evidence (e-mail) will be deprived of the evidence base.

The notary does not provide evidence in the case at the time of the appeal of interested persons to the notary in the production of the court or the administrative authority.

Finally, we will make several conclusions:

Whether the correspondence by email written evidence is determined to the discretion of the court.

Given the insufficient legislative regulation of the use of electronic correspondence in the economic turnover, talking about the predetermined force of correspondence as evidence does not have to.

Considering that the Court assesses the evidence in its inner conviction based on a comprehensive, complete, objective and direct study of the evidence available in the case (paragraph 1 of Art. 71 of the APC RF), the correspondence will not be accepted as evidence, and if , It is not possible to predict what evaluation court will give such a correspondence.

Accordingly, the position based only on the electronic correspondence is extremely weak.

It cannot be said that the courts remarkably perceive the electronic correspondence as evidence, although there are cases and a benevolent attitude to such a type of evidence, as a modern, convenient, reliable, widespread method of transmitting information (see Decree of the Ninth Arbitration Court of Appeal of 27.04.2006 in the case No. A40-20963 / 2005).

In general, in war, all means are good and it is necessary to use all the possibilities for the maximum.

I hope this article will come in handy in your work.

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See an interview with an expert carrying out electronic correspondence

Regards,
Lawyer Mugin Alexander S.

    Not the first time I appeal to your resource on topical issues, and always find a practical "grain", without "water". Thank you very much.

    Thank you for the article!
    In practice, "broke" the notary protocol, which was drawn up at the time of production in the arbitration court.
    Regarding the inspection of correspondence in court. I think the judge should inspect. But the other party should already give evidence to substantiate their objections.
    By the way, about correspondence. If the correspondence was conducted via mailboxes, then within the framework of the investigative check, police officers can send requests for which IP was access to the mailbox and to whom this IP belonged at the time of access. As an option for further proof in court.

    I had a court decision where the main proof of the fact - a significant violation of the timing of the work was to correspond on Skype, the court was terminated the service agreement and obliged the contractor to return the money, based on the electronic correspondence of the representatives of the parties. The only nuance, at the hearing, the representative of the contractor did not refuted that this correspondence took place

    • Good day, Natalia!
      This once again confirms that it is not necessary to neglect such evidence as a correspondence by email, including Skype.

      Regards,
      Lawyer Mugin Alexander S.

    Alexander,

    the question is not connected with e-mail, but a certain software package of the customer, mandatory to prepare acts of work performed. Access to PCs is carried out through the Web. How can it be added as proof for the court?

    • Good day!

      Honestly, I didn't quite understand the question. Is it possible to copy or print on the material carrier? If yes - then you add it by issuing the appropriate protocol.

      Regards,
      Lawyer Mugin Alexander S.

    Good day!
    I would ask you to comment on the situation when the side of the dispute wants to exclude from the Agreement the item on the transfer of legally significant information. But it will not be about arbitration, but about the dispute between the bank and the bank client (me).
    The Bank blocked me the bills with reference to 115-FZ, and an email announced me (the message got into spam and I got acquainted with its content already later in the department after faced with the blocking of the account). In the account of bank service account (the accession agreement, published on the site for all banks of the bank) is the item:
    Please send to me at the specified address documents (it's about email) .... I have technical and other possibilities for obtaining and familiarizing with the documents ....; The bank is not responsible for damages .... If documents and other information will not be received by me

    As a rule, the service for the provision of email addresses is third parties. Is it possible to challenge the item "I present technical and other possibilities to receive and familiarize yourself with the documents" in Rospotrebnadzor (I understand this supervisory authority may be administratively to force the bank to remove illegal items of the contract), since I as a postal service client does not control the technical capabilities And in my opinion this item is controversial when it comes to individuals - numerous customers of the bank. And later, when contacting the Court of illegal actions of the Bank on blocking, asked Rospotrebnadzor to participate in court as a third party (as they usually write: in the interests of an unlimited range of persons) - Of course, if the complaint to Rospotrebnadzor will be considered positive.

    • Good day!
      Challenge you, of course, can separateAnd the whole contract in general. But to appreciate the future without studying documents is not possible. In addition, to be honest, I did not understand what your problem is considering how you are going to decide.

      Regards,
      Lawyer Mugin Alexander S.

      • If in brief: in the application (acceptance) on accession to the banking service agreement (sorry I misled - above the item is not a contract, but an excerpt from this statement) is the above-mentioned item.

        I recently for email. The mail request came to providing information with a link to 115-FZ, the letter hit the spam and I did not respond to it because I did not see. I have an impressive amount of money in my accounts - so far everything is settled, but for the future I would like to protect yourself from such surprises. At the same time, the representative of the bank (FinMonitoring) on \u200b\u200bmy objections to the suspension of operations, expressed the idea that I was sent by email alert. Now I wonder how legal about such inclusions in the agreement is. In addition, if the situation turned out differently, and I would have to defend interests in court, I could ask the judge to count this item to be insignificant who violates my rights - at the moment I am busy thinking how to justify this.

    Good afternoon, I have such a situation. The former husband of a citizen of Kazakhstan, operating in Russia, provided a law enforcement officer (in Kazakhstan) a certificate of C / card 8400 rubles, of which he pays for me an alimony of 2100 rubles (25%). The child is also a citizen of Kazakhstan, but lives on RVP in Russia with me, alimony former husband sends me a card. Can I submit to the court about the payment of alimony in a solid amount and in which country I need to submit a statement, because: 1) He receives a w / fee in rubles and not in tenge, 2) He worsened the life of a child (earlier when He worked in Kazakhstan alimony were 6,000 rubles). And whether his correspondence in Socots will be evidence for the bailiff. Networks with friends? I have a password from his mailbox where he conducts correspondence with friends. Where he every month discusses his wages in the amount of 32,000 + travel in the amount of 5000 rubles. Please tell me how to arrive. Thank you.

    • Good day!
      You can file a statement about the payment of alimony in a firm amount at your place of residence.
      As for the evidence for the bailiff, I did not understand why you decided to prove to prove.
      To suggest something specific in the framework of the answer to you a comment is not possible - little input.

      Regards,
      Lawyer Mugin Alexander S.

    That's for sure: in war as in war. The electronic correspondence is introduced everywhere in the authorities to obtain consumption of citizens .. if anyone uses such a proposal and directs an appeal to an email, then immediately request confirmation of the registration of the appeal on the second or third day. I now have such a situation that I did not ask confirmation and now tried to appeal illegal inaction. The body is pretending to be a fool and denies receipt, although the appeal is properly sent and there is a confirmation that a different addressee, which the copy of the same letter was sent, received the appeal. The court at the court session explored the mail scan, set the addressees, etc., did not ask questions about inaccuracies and refused to study the postal box at the court hearing, and later after the end of the hearing, the decision indicated that the SCAN was not clear to the court and could not serve as evidence .

    Thank you so much for this article! It seems to be any specific, and thoughts are set out and decorated with decent, that is. There is something to think about.
    Thanks again!

    • Good day!
      I do not even know to rejoice or there is no such gratitude (this is me about "no specifics"), but thanks anyway.
      The anecdote reminded when people flew in a balloon and got lost, asked the person at the bottom where they were, what he answered them, that they were in a balloon. Travelers, in turn, immediately understood that they spoke with a lawyer, because his answer was correct, but useless.

      Regards,
      Lawyer Mugin Alexander S.

    Hello.
    I worked in an organization where all employees worked on remote access, i.e. In different cities. The only way to communicate with the manual is email. By mail, our managers sent orders, orders, service notes were signed, etc. Naturally B. labor agreement We are not spelled out, communication by email, but the place of work is indicated, this is home address.
    Question:
    1 How can I prove in court that email was the only means of communication with all employees.
    2 What can be provided in court as proof from other employees, because They live in other cities.

    • Good day!
      I apologize for the delay in response.
      It seems that you are not advisable in court to establish the fact that communication with all employees has been cited exclusively via email. I can not imagine how it can help you.
      On the second issue, it is also difficult to answer, because the subject of the dispute is not clear in order to recommend that anything concrete.

      Regards,
      Lawyer Mugin Alexander S.

    • Good day!
      Explain, please, are you interested in "how to be" to you as an employee of the organization or as a representative of the organization that has rendered low-quality services?

      Regards,
      Lawyer Mugin Alexander S.

  1. Good day! The situation is this: with a contractor (we both IP) was an oral agreement. The conditions on it were discussed in ICE. Now there is a dispute and he intends to attach scan from this correspondence to the case in his favor. What are my chances to challenge this correspondence? Will he be able to prove that I fought this correspondence exactly, and not someone else with my company or with my account?

    • Good day!
      You did not quite correctly set the question. There are chances to challenge, and what they will not answer you, there are no clear criteria. Will be able or will not be able to prove, you can't also answer you, it all depends on how it will do it and how the evidence will appreciate the court.

      Regards,
      Lawyer Mugin Alexander S.

    • Good day!
      And thank you for the warm words. I also congratulate you on all holidays.

      Regards,
      Lawyer Mugin Alexander S.

  2. Fundamentals of the Russian legislation on the notary Chapter XX. Ensuring evidence Article 102 Part 2 has lost its strength. Does this mean that the notary can assure El.perpisc and after the start of the hearing of the case in court?
    Thank you.

      • Alexander, thanks for the answer. And what legality have a notarized correspondence in the form of screenshots of the pages? In particular: can this in this case be evidence in court and how, in this case, make the contents of the attachment in the letter? Thanks in advance.

    Good day. Tell me, please, is there chances to win in court? Situation is so.
    I have transferred money from the entire bank card to the map of another person.
    Man abroad. I should have to buy something and send.
    But he did not fulfill obligations. My money spent. Now feeds with breakfasts and promises to return.
    All our correspondence was in Skype. There is a card number with his name, his letters that he spent my money.
    From the reptile evidence - I can write an extract on the transfer of money.
    What do you say? Unprospectively in court?

    • Good day!
      With your "introductory" much more difficult to make the court refuse you to satisfy the claims. Of course, you have every chance to get a decision to recover funds.
      That's just a question regarding the dispute. If your "villain" never lived in the territory of the Russian Federation and does not have any property here, then the claim will have to be submitted at the place of residence of the defendant abroad, according to the rules established by the legislation of the relevant state.

      Regards,
      Mugin Alexander S.

    Hello. If not difficult, please answer such a question.
    I want to sue the bank.
    Accrued huge interest and fines, although there were notifications about my serious problems Health (by email). In court I want to give correspondence. Whether I need to assure it from a notary, despite that it seems to me little likely that the bank will deny the fact of obtaining data of letters. Is it enough to simply print with all the information from the browser this correspondence (with dates, addresses ...)?
    Thank you!

    • Good day!
      There is such a question that because for the court evidence does not have a predetermined force - to determine how the court will appreciate this or that evidence (certified by the notary or not certified) is hard, so it is always better to "bake than to undepended."

      Regards,
      Lawyer Mugin Alexander S.

    Hello. We had such a situation difficult. My son took the money from his wife's native brother, under receipt. The source was returned. After the divorce, this brother sueded. With the requirement to return all the debt, as it was allegedly at all did not return the debt. My son has a correspondence in social networks, where they are talking about the fact that my son gave duty. And how much should have left. Most of the debt, my son returned Cash on a receipt. And the rest of the brother and wife translated on the card, as they were in another city. Is it possible to assure electronic correspondence as proof?

    • Good day!
      If you are interested only in this question, then yes, an electronic correspondence can be assured as proof, the article itself is just about it.

      Regards,
      Lawyer Mugin Alexander S.

    Hello!
    I purchased a router in March 2015 in the online store (warranty - 1 year).
    After the acquisition, it turned out that the goods are inoperable, it cannot be configured.
    From October 2015 I am in a correspondence with the employees of the online store, which adhere to the contradictory position: then they offer to come to return money, I come, employees refuse to accept the goods, I inform about it in the correspondence, employees change the point of view, begin to demand Conclusions from SC, ignoring my references to Art. 18 of the Act on the SPP.
    After appealing to Rospotrebnadzor, a letter came about the store is ready to accept the goods, you only need to drive up.
    Tell me, please, can my email be considered a claim when contacting the court? Can I recover a penalty starting from the date of the letter? Can I get compensated for moral damage, because Several times had to come to the store and leaving nothing?

    • Good day!
      Not knowing the content of your letter, I can not say whether it will be considered a claim, because the court evaluates evidence. The penalty is charged from the date of expiration of the execution of the legal requirement of the consumer. Since it was not clear whether the requirement was, I could not answer this question. Regarding moral harm, I can only say that you completely definitely require it to compensation. But can you get it and whether it will be recovered from the seller, without familiarizing with all the materials of the case, I will not say, I'm afraid to excitely encourage.
      My colleagues from ADN Legal are engaged in questions to the protection of consumer rights, try to contact him.

      Regards,
      Lawyer Mugin Alexander S.

    • Good day!
      If briefly, it is proof, the question is what evaluation the court will give such evidence.

      Regards,
      Lawyer Mugin Alexander S.

  3. Hello! As proof, an electronic correspondence has presented a court. The judge said that this is an important evidence, but it should be certified by a notary. How to convince the court that the certification of the electronic document is not an exceptional prerogative of the notary?

    • Good day!
      Your question is too abstract, I believe that the answer is like "you need to be very convincing, to confirm the position of the norm and examples of judicial practice," you will not suit you. Although in fact, you need to draw judge such a picture of the world so that he does not have doubt about the options of a notarization certificate of correspondence, and this sometimes is simply impossible.

      Regards,
      Lawyer Mugin Alexander S.

    Hello, Alexander! Within the framework of the labor dispute, there is no work responsibilities for confirming the fact (other evidence), I want to attach a copy of the electronic correspondence with the company's counterparties on the company on Hoz.-Fin. Company activities. Correspondence was carried out with my corporate email address, open on Yandex. Do you need to assure it notarially for this purpose? The fact is that the entire correspondence for the spent period is more than 700 letters, incl. with investments. Is it possible to apply for a request for the request of this correspondence from Yandex to avoid notarization? Do I need to include a petition in the lawsuit or submit a separate document?
    I will be very grateful to you.

    • Good day!
      Regarding whether it is necessary or not necessary - it is better to "take off, than to bother", as they say. At the same time, if the correspondence you have the only proof, I would like to go to court at all. It is also advisable to apply with the application of documents confirming that you have exhausted the ability to obtain evidence yourself, for example, made a request, and you were refused or ignored. In contrast, the court will most likely refuse you.

      Regards,
      Lawyer Mugin Alexander S.

      • Hello, and in the event that I will provide a court for consideration of correspondence as proof of the unscrupulousness of a former employer who does not give me the documents, and he will deny his involvement in the correspondence whether he can submit a counterclaim for slander / harm business reputation / moral damage and TD. ?

        • Good day!
          Your defendant at all can file anything, the question is whether the court will take. I very doubt that the court will adopt such counter requirements, as well as I doubt the prospect of meeting such requirements.

          Regards,
          Lawyer Mugin Alexander S.

          Regards,
          Lawyer Mugin Alexander S.

    After a week (postfactum after all the work performed by me) by email. Mail comes me a contract with the terms of use of images. The conditions are not suitable for me (exclusive auth. The right to them has a museum, strongly limited use of any parts, huge fines, the duty to ensure the safety of copies from third parties, etc.), and I will definitely refuse to sign it. At the same time, under the agreement, the image had to scan the museum, and not me, photocopulating the amateur chamber. There is also a few more discrepancies in the contract. For example, the number of photographically copied sheets is simply described, without describing the text on them, numbers and previews, incl. This concerns photographs.

    I am by email The mail suggested a person (the head of the archive with which correspondence conducted) is to draw up an agreement on mutual destruction of copies or image licensing a museum for free nekomm. use, asked the address of the museum lawyer. Suggested the projects of the contract, theses that would suit me, asked to show the museum lawyer. But the head. The archive clearly understood his mistake (which did not warn me about the rules and contract in advance), and now wants to lean the case, and does not want to change the contract, or officially destroy copies. In this case, the written guarantees do not give any. In e-mail in a long correspondence from the address of the museum, it proposes not to sign an agreement, from unreasonable claims refuses, and only asked to specify copyrights. He says that the employee's fatal error occurred that she had no right to allow me to work without drawing up the contract. But there are no complaints about me. At the bottom of the letter is its name and surname, position. The name of the mail is the name of the museum. But in essence, this is the filter gram from the Jurus of view.

    Completes the whole fact that from the end of the work in the archive (there is an entry in the journal of visits) until the conditions of the terms of the ELG contract are obtained. Mail for a signature (passed 3 - 4 days), with my address El.pch. The copies made by me were granted to some people. In conscientiousness, I am sure, but it is impossible to be sure to be sure. From the moment of receipt of the copy of the contract by EL. Mail I destroyed all copies on electronic media in the Internet network, sent by email. Mail Notifications to recipients notice not publish photocopies and specify copywrites. But I can't be sure to use these by third parties. At the same time, the head says me that they can use the data, just put a copywriter.

    Does it make sense to assure this email. Future correspondence, as well as messages about copying to third parties (my addressees), or not? And the second question if you can -

    if the museum warned me about the rules of the archive, its exclusive auth. Rights to exhibits, and the terms of the contract exclusively by EL. mail, besides, very lately manufactured by photocopy of exhibits, and the head of the archive in the electronic correspondence refuses the destruction of photocopy and a contract change, suggests to forget about it, - in case of theoretical claims to me from the museum for the actions of third parties and the proven to the transfer museum copies of images from my email. Mail to third parties (in violation of the terms of the contract, which I did not sign) before the day of the Treaty of Agreement on the Signature, can I refer to the fact of the unemployment of me with the terms of the contract and the auth. Museum rights How to freaking from responsibility before the museum? In the sense that being in ignorance, I could believe that the auth. The rights belong exclusively to persons who have made a manuscript (exhibit), and the exhibit is in the museum as a copy, while having received the contract, I accepted all my actions to correct the situation within my capabilities.

    However, in any case, I was not going to and I am not going to use the data of photocopies for commercial purposes, they were needed only for historical research with the publication in Nomm. Electronic media in compliance with copyright.

    Or is it worth going to the director of the museum and officially require an agreement on mutual destruction of copies? But then, to be with those copies that, with the above-described conditions, were sent to third parties if they suddenly not delete them, and would they distribute? It can better shut down all this and indeed ... I do not understand whether the museum in the future, when the fact of undivied the use of copies by third parties, present claims to me because of this (despite the fact that I did not know about the rules and ed. Museum rights Combining conscientious copy), or only the authors? Of all the documents confirming our relations - a statement of familiarization with the exhibit, the painting in the journal visits and a copy of the non-written director of the ELG contract. mail, + correspondence with the head of the archive. From witnesses - 1-2 people who saw me at work and attended the telephone conversation of the head, when she at the end of the first day "remembered" about the contract.

    I have no money for lawyers and will not be, I am a disabled, seriously ill, P.E. I myself think about the future a little.

    • Good day!
      Based on your introductory, I would not worry, honestly, because it is obvious that you have not caused any harm to anyone.

      Regards,
      Lawyer Mugin Alexander S.

    Good day!
    Tell me how to be in the next situation: there was a gray salary. When dismissal, it was promised that debt on the envelope part would be paid.
    As a result, from the proof only the correspondence of Email and Skype, in which the sums and promises and "come for a part of the debt" and so on. From the company Correspondence from the workers of the immotes.
    Is it possible to achieve this at least something?
    Thank you

    Good day! Please tell me how to be in such a situation: a familiar person asked money for business development (we live in different cities, regions of the Russian Federation), I took upon myself a consumer loan in a bank and sent him money to the card, he verbally agreed with the condition that he will return funds under the loan agreement. (i.e., he forwarded to me the amount of the monthly payment), paid a year and a half (the term of the loan 5 years), then payments from its part ended, says that there is no longer possible to pay more, and the debt refused. No receipts, there is only a wife reading, paper translation money On his card and the correspondence in Vaiber. What do you advise? Are there any impact levers to oblige a person to continue to pay me? There is also another person who just like I took the cons. A loan for the development of his business, and he also stopped him to pay, but the only difference between our situations, the fact that he has a receipt, and I do not.

    • Regards,
      Lawyer Mugin Alexander S.

    Hello! Tell me please, here one person, distributed about me and my company numerous information that represent me and the company is not in the best light that I do not cry people, he did not pay money for work, in the form of a mailing list different people (I went to the client's website under the admin account and made the postal service). Then, rewriting with this person by email, he admitted that he was he, said that he brought the truth to people allegedly. This is a former employee of my company. As a result, I have an electronic correspondence with it, all the data on it (passport, contract), also an agreement on non-disclosure of confidential information.
    Can I go to court and put it?

    • Good day!
      I answer: you can go to court, and plan - only if not imprisoned!
      Actually what question, such a answer.

      Regards,
      Lawyer Mugin Alexander S.

    • Fair? I do not know!
      You did not think, asking the question that I will answer you: "Well, of course you can, the more he denies everything."

      Regards,
      Lawyer Mugin Alexander S.

  4. Hello! My situation is this: found new job, there was an interview, I promised that I would take me to place the employee who goes to maternity leave, because It remained for 4 months before the decree, and an employee in the office should work only one 5/2, I was told that we would work 2/2 before the decree, but I would lose a little in the salary. I agreed, worked for 2 weeks on old work, I went to study (2 weeks) and it turns out that the employee refused to work for such a schedule, said that he would complain about the employment inspection that her rights are infringed, etc. I was offered to work as a sub-employee only on weekends with a salary of 0.25% of the tariff rate. We can do anything, I had to agree with the hope that when she leaves on the maternity leave, everything would work out. And for a month and a half before her decree, the following happens: The fact is that we have a difference in time in time 4 hours, and sometimes they send official messages when we are already at home, I just suggest that I prompted to connect mail to the mobile phone and always see What sends the authorities, that is, she did not say that I did, but I said that she did it. I thought that I could also come in handy and connected me too. Once late in the evening I saw such messages that the hair on the head moved. Regional Director, Deputy, Sat Tue. Everyone has been sent copies, where the director in response to the report (the contents were removed, it was clear that this is the answer.