How long will the post office keep a registered letter. We seek confirmation of the fact of receipt of the document How to confirm the date of receipt of the letter

A legally significant message is also considered delivered in cases where it was received by the person to whom it was sent, but due to circumstances depending on him, was not handed to him or the addressee did not familiarize himself with it.

What is considered the date of receipt of the letter

1 st. 165.1 of the Civil Code of the Russian Federation). For example, a message is considered delivered if the addressee avoided receiving correspondence at the post office, and therefore it was returned after the expiration of the storage period. The addressee bears the risk of non-receipt of incoming correspondence.

All stages of processing the passage and execution of the document are fixed with marks that help determine where it is located in this moment and what is the stage of its implementation.

2.3.1 Mark of receipt of the document in the organization

(props 28)

Upon receipt of the document, the first mark is affixed on it, fixing the fact and time of its receipt in this organization, with a special stamp apparatus or manually with a rubber stamp.

It consists of the date of receipt of the document and the incoming account number (index) assigned to it. You can add the abbreviated name of the organization where the document was received.

The date of receipt is an important search feature and the beginning of the deadline for the execution of the received document. From this date, the document is considered in the work of the institution and the institution is responsible for the received document. The incoming account number serves primarily to record the number of documents received per month, quarter, year. It is recommended to mark the receipt of the document in the lower field of the document.

For documents received by fax or computer mail, the date and time of their receipt are recorded automatically.

2.3.2 Mark for automatic search document

(props 29)

If the document is entered into the machine's memory or created on a computer, a special mark is made on the document. In accordance with the requirements of the standard, it may include the file name, operator code, date, place of manufacture, number of pages, and other search data.

The mark is located on the bottom margin of each sheet of the document.

2.3.3 Resolution (Props 16)

After primary processing and registration, the document is sent to the head (organization or structural unit) for consideration. The result of the consideration is reflected in the resolution.

Resolution - "an inscription on a document made by an official, and containing the decision taken"27. It fixes the order of the head regarding the issue reflected in the document. It is, as it were, a small administrative document drawn up on the basis of the received document. From the concreteness and clarity of the resolution and right choice the performer depends on the quality of the execution of the task and the timeliness of the implementation. The resolution is subject to the same requirements as any administrative document: clarity, specificity, brevity. The resolution consists of the following elements: text, signature, date. By its nature, the text of the resolution can be of two types. Resolutions containing a solution to the issue (for example, "Enroll", "Allocate 300 thousand rubles", "Refuse") or an indication of the procedure for preparing the issue. In the second case, the text of the resolution should contain three parts: to whom it is entrusted - the surname and initials of the performer, what is entrusted - the nature and procedure for resolving the issue, the deadline for execution. For example:

Kareva I, D.

Contact museums and find out if they are ready

participation in the meeting by 05.08.97.

Personal signature 28.07.97

If several executors are indicated in the resolution, then the person indicated first is responsible for the execution of the document and organizes the work of other co-executors involved at the direction of the head to resolve the issue. The initials of the performer are indicated after the surname (as when addressing).

If the deadline for the execution of the document is typical or it is indicated in the text of the document itself and, therefore, its special indication in the resolution is not required, then the head in the resolution can only put down the name of the performer (executors) with initials, the procedure for preparing the issue, signature and date. For example:

Weber A.B.,

Galkin A. A.

Organize a conference

by the specified deadline.

Personal signature 03.08.97

The resolution is transferred by the secretary to the registration form and is often the basis for taking the document for control. In this case, the deadline for the execution of the document is taken from the resolution.

In some cases, when the document does not contain free space or the resolution is prepared in the form of a separate order, GOST R 6.30-97 allows the resolution to be drawn up on a separate sheet of paper, usually A6 or A7.

2.3.4 Control mark (props 18)

If the document requires execution and is taken for control, a control mark is put on it in the form of the letter "K" (control) or the word "Control" on the left margin of the document at the heading level. This mark can be applied with a rubber stamp or handwritten with a bright red, blue, green pencil.

Its purpose is to remind the performer that the document is under control.

2.3.5 A note on the execution of the document and its direction

in business (props 27)

The final mark on the document is the execution mark. It is put down immediately after the solution of the issue raised in the document, or the direction of the answer. The mark on the execution of the document is especially important on accounting documents. So, all documents attached to cash receipts and debit orders, as well as documents that served as the basis for calculating wages, are subject to mandatory cancellation with a stamp or handwritten inscription "Received" or "Paid" indicating the date (day, month, year).

A mark of completion indicates that the work on the document is completed. After affixing this mark, the document is filed into the case.

Date of receipt of the notification

The note may include a reference to the date and number of the document evidencing its execution, or, in the absence of such a document, a summary of the execution, the words "To the case", the number of this case, the signature and date. The mark is signed and dated by the performer who worked with the document, or the head of the structural unit. This attribute is placed on the lower field in its left part. For example:

Reported by telephone to O.B. Pavlova on 12.05.99. In case 03-13. I. Ivanov. 05/14/99

The answer was sent on 17.06.99 No. 01-13/184. Vdelo 13-13. I. Ivanov 19.06.99

Considered at a board meeting. Minutes of the board dated 12.08.98 No. 17. In case 06-13. I. Ivanov 15.08.98

2.3.6 Mark about the performer (props 26)

Documents originating from large institutions are stamped with the name of the employee who prepared the document, along with his telephone number. Such a mark allows, if necessary, to quickly contact the performer, who knows all the nuances of the issue well and can provide all the information you are interested in. Since the mark implies an appeal to the performer, it is advisable to indicate not only the last name, but also the full name and patronymic. This will facilitate communication and help politely establish contact with the performer.

This mark is located on the left side in the lower field on both the front and back sides. last leaf document. For example,

Lopukhov

Lyudmila Nikolaevna

However, GOST R 6.30-97 allows you to put this mark without indicating the name and patronymic, for example:

Karpukhin 1579806

When placing this attribute, the following rules are followed: if the document is to be reproduced, the mark is indicated only on the front side of the last sheet of the document (otherwise, you will have to make copies of both sides of the sheet).

On documents that require special accounting, below the name of the performer, the number of copies made is indicated.

On documents that have a stamp of access restriction, not only the number of copies is indicated, but also the address of each. For example:

Semenov

Galina Konstantinovna

copy. No. 1 - to the address;

copy. No. 2-in department No. 2;

copy. No. 3~to department No. 10;

copy. No. 4 - in case 08.

Sheet numbering. If the document is drawn up on two or more sheets, the second and subsequent sheets are numbered. Page numbers are put down in the middle of the upper field in Arabic numerals without the word "page" (p. or c). Dots and dashes are not included. If the document is made on two sides of the sheet, then odd numbers are affixed on the front side, and even numbers on the back.

The risk of consequences of non-receipt of a registered letter with notification due to evasion from receiving it lies with the person to whom it is addressed.

A citizen who has informed creditors, as well as other persons of information about another place of his residence, bears the risk of the consequences caused by this in accordance with paragraph 1 of Art. 20 of the Civil Code of the Russian Federation.

According to par. 2 p. 3 art. 54 of the Civil Code of the Russian Federation, a legal entity bears the risk of the consequences of not receiving legally significant messages (Article 165.1) delivered to the address indicated in the unified state register legal entities, as well as the risk of absence at the specified address of its body or representative. Messages delivered to the address specified in the Unified State Register of Legal Entities are considered received by the legal entity, even if it is not located at the specified address.

In paragraph 63 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 23, 2015 No. 25 “On the application by the courts of certain provisions of Section I of Part One of the Civil Code of the Russian Federation”, the following explanations are given. Within the meaning of paragraph 1 of Art. 165.1 of the Civil Code of the Russian Federation, a legally significant message addressed to a citizen must be sent to the address of his registration at the place of residence or stay, or to the address that the citizen indicated himself (for example, in the text of the contract), or to his representative (clause 165.1 of the Civil Code of the Russian Federation).

When is a registered letter with notification considered delivered to the addressee?

1 st. 165.1 of the Civil Code of the Russian Federation).

Messages delivered to the named addresses are considered received, even if the person concerned does not actually reside (is not located) at the specified address.

If the person sending the message knows the address of the citizen's actual place of residence, the message may be sent to that address.

The addressee of a legally significant message, having received and established its content in a timely manner, is not entitled to refer to the fact that the message was sent to the wrong address or in an improper form (based on Article 10 of the Civil Code of the Russian Federation).

As explained in paragraphs 67, 68 of the above decision of the Plenum of the Supreme Court of the Russian Federation, the burden of proving the fact of sending (implementation) of the message and its delivery to the addressee lies with the person who sent the message.

Article 165.1 of the Civil Code of the Russian Federation is also subject to application to court notices and summonses, unless otherwise provided by civil procedural or arbitration procedural legislation.

From the above provisions of the Civil Code of the Russian Federation and the clarifications of the Plenum of the Supreme Court of the Russian Federation, it follows that a registered letter with a notification is considered delivered if the person evades receiving it. It is not required in such a situation that the letter was actually received by the addressee.

How to give a letter to a person if he evades receiving it?

The risk of consequences of non-receipt of a registered letter with notification due to evasion from receiving it lies with the person to whom it is addressed.

A citizen who has informed creditors, as well as other persons of information about another place of his residence, bears the risk of the consequences caused by this in accordance with paragraph 1 of Art. 20 of the Civil Code of the Russian Federation.

According to par. 2 p. 3 art. 54 of the Civil Code of the Russian Federation, a legal entity bears the risk of the consequences of not receiving legally significant messages (Article 165.1) delivered to the address indicated in the unified state register of legal entities, as well as the risk of the absence of its body or representative at the specified address. Messages delivered to the address specified in the Unified State Register of Legal Entities are considered received by the legal entity, even if it is not located at the specified address.

In paragraph 63 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 23, 2015 No. 25 “On the application by the courts of certain provisions of Section I of Part One of the Civil Code of the Russian Federation”, the following explanations are given. Within the meaning of paragraph 1 of Art. 165.1 of the Civil Code of the Russian Federation, a legally significant message addressed to a citizen must be sent to the address of his registration at the place of residence or stay, or to the address that the citizen indicated himself (for example, in the text of the contract), or to his representative (clause 1, article 165.1 of the Civil Code of the Russian Federation).

Messages delivered to the named addresses are considered received, even if the person concerned does not actually reside (is not located) at the specified address.

If the person sending the message knows the address of the citizen's actual place of residence, the message may be sent to that address.

The addressee of a legally significant message, having received and established its content in a timely manner, is not entitled to refer to the fact that the message was sent to the wrong address or in an improper form (based on Article 10 of the Civil Code of the Russian Federation).

As explained in paragraphs 67, 68 of the above decision of the Plenum of the Supreme Court of the Russian Federation, the burden of proving the fact of sending (implementation) of the message and its delivery to the addressee lies with the person who sent the message.

A legally significant message is also considered delivered in cases where it was received by the person to whom it was sent, but due to circumstances depending on him, was not handed to him or the addressee did not familiarize himself with it (clause 1, article 165.1 of the Civil Code of the Russian Federation). For example, a message is considered delivered if the addressee avoided receiving correspondence at the post office, and therefore it was returned after the expiration of the storage period. The addressee bears the risk of non-receipt of incoming correspondence.

Article 165.1 of the Civil Code of the Russian Federation is also subject to application to court notices and summonses, unless otherwise provided by civil procedural or arbitration procedural legislation.

From the above provisions of the Civil Code of the Russian Federation and the clarifications of the Plenum of the Supreme Court of the Russian Federation, it follows that a registered letter with a notification is considered delivered if the person evades receiving it. It is not required in such a situation that the letter was actually received by the addressee.

In judicial practice, the position has become quite firmly established that if a registered letter is sent to the place of residence or location of the party, but returned to the court with a note “the storage period has expired”, then such a message is considered delivered.

This is not surprising, since such a position is based on a direct indication of paragraph 1, according to which, a message is considered delivered even in cases where it has been received by the person to whom it was sent (addressee), but due to circumstances depending on him, it was not handed to him or the addressee did not familiarize himself with it.

The Supreme Court of the Russian Federation in paragraph 2 of clause 67 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 23, 2015 N 25, also explained that the message is considered delivered, if the addressee avoided receiving correspondence at the post office, in connection with which it was returned after the expiration of the storage period.

As a rule, the very fact of returning the envelope with the appropriate mark is sufficient for the court.

At the same time, the law and judicial practice speak of the return of the envelope due to the fact that the message was not delivered, due to circumstances depending on the addressee and the evasion of such a person from receiving mail correspondence respectively.

It seems that the return of the envelope due to the expiration of the storage period is possible not only if the addressee evades receiving it, but also for other reasons, for example, in connection with a violation by the organization postal service delivery rules.

So, quite recently, a client contacted me with the following problem:

The court, in his absence, issued a decision to collect from him the debt under the loan agreement. The client did not receive notices about the place and time of the court hearings, as well as the court decision itself. I learned about the court decision itself and the court by which it was issued from the decision of the bailiff to initiate enforcement proceedings a couple of days before contacting me.
After reviewing the decision, I realized that almost 1.5 years have passed since the court decision came into force, but in general the Code of Civil Procedure does not provide for deadlines for filing an appeal.
We decided to try to restore the deadline.
After reviewing the case materials, I found 4 envelopes with a mail mark on the return due to the expiration of the storage period (2 with notices and 2 with a court decision).
At the same time, the client assures that he did not receive any notifications from the mail, we are working further.
We do the following, draw up an appeal with a request for the restoration of the term. To justify the validity of the reasons for missing the deadline, we point out the non-compliance of the postal organization with the delivery rules.
At the same time, we send a request to the local branch of the Federal State Unitary Enterprise Russian Post to provide information on compliance with the delivery procedure and supporting documents.

At this stage, I would like to dwell in more detail.

Judicial letters are delivered according to the following rules:
- Order of the Federal State Unitary Enterprise "Post of Russia" dated May 17, 2012 N 114-p "On approval of the procedure for receiving and handing in internal registered postal items»;
- Order of the Federal State Unitary Enterprise "Post of Russia" dated 05.12.2014 N 423-p "On the approval of the Special Conditions for the Acceptance, Delivery, Storage and Return of Postal Items of the Judicial" Category;

By virtue of clause 3.2 of the Order of the Federal State Unitary Enterprise "Post of Russia" dated 05.12.2014 N 423-p, registered letters of the "Judicial" category are handed over personally to the addressee against receipt in the notice f. 22.

In the absence of addressees at home, the initial notice may be omitted in Mailbox in accordance with clause 3.3 of the said order.

The procedure for the delivery of secondary notices is provided for in clause 3.4 of the Order of the Federal State Unitary Enterprise "Post of Russia" dated December 05, 2014 N 423-p and differs in that if it is impossible to deliver a secondary notice against receipt, the tear-off part of the notices f.22-c is marked “Lowered in the post office box” indicating the date and signature of the postal worker.

If the addressee refuses to receive a registered letter, such refusal, by virtue of clause 3.5 of the Order of the Federal State Unitary Enterprise Russian Post dated December 5, 2014 N 423-p, must be recorded by affixing marks on the notification of delivery of the registered postal item f. 119(note such a mark is not contained in the case).

In addition, by virtue of clause 19.14 of the Order of the Federal State Unitary Enterprise "Post of Russia" dated May 17, 2012 N 114-p, when issuing RPO to the postman and notifications for delivery to the addressee the postal worker signs in the name invoice f. 16 indicating the number of RPOs he accepted.

Thus, having examined the forms f.22, f.22-v, f.119 and f.16 at the court session, it is possible to establish that the addressee did not know about the receipt of letters and objectively could not receive them, and therefore, he cannot be recognized as having evaded receipt, and the message cannot be recognized as delivered.

Due to the fact that the answer to the request was not received by the date of consideration of the issue of restoring the term, a petition was filed in court to demand evidence.

This position of the representative caused a wave of negativity on the part of the court and a refusal to satisfy the stated petition.

As a result, the decision to refuse to restore the term and a private complaint with the same petition to the court of appeal.

It is interesting to know what colleagues think about the stated positions of the representative and the court.

Added: 13:42 03/29/2016

Added: 10:11 09/02/2016

The Court of Appeal, at our request, made a request for the submission of documents to the territorial office of the Federal State Unitary Enterprise Russian Post. An answer was received that the requirements of the legislation on the delivery of postal correspondence were met in full, but the documents were not preserved, the responsible persons were punished. As a result, the refusal to satisfy the private complaint. We wrote to the cassation, for the sake of curiosity, we will drive the case to the Supreme Court.

Added: 16:16 04/17/2017

The Presidium of the Regional Court and the Supreme Court also did not answer anything interesting. The Supreme Court generally sent half of the ruling, the second, apparently, was not printed. For that, quite recently, I found an interesting arbitrage. practice on this issue. Without her, this post would be incomplete.

The Supreme Arbitration Court of the Russian Federation pointed out that if, in case of violations of the Rules for the provision of postal services, approved by a government decree, committed by the communications authority Russian Federation dated April 15, 2005 N 221 (hereinafter referred to as the Rules), the court notice was not received by the party in the case for reasons beyond its control, it cannot be considered properly notified ( Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation of December 9, 2010 N 9502/10 in case N A03-3532/2009).

Yes, the government decree referred to by the Supreme Arbitration Court of the Russian Federation has been cancelled. Yes, the Supreme Arbitration Court of the Russian Federation itself has been abolished. And yes, at that time it had not yet acted, but I think that the general message will be clear.

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In view of the fact that the current legislation rather ambiguously defines this issue, I ask you to help understand the following. At what point is a legally significant notice (on termination of the contract) considered to be made and when the sender is considered to have fulfilled his obligation or realized the corresponding condition: at the moment the notification is sent or at the moment it is received by the addressee. From a systematic interpretation of the Civil Code of the Russian Federation, the principle of receiving a postal direction by the addressee still applies. Question. At what specific point in time is a letter considered received if the addressee evades receiving it? The real situation: sent by registered mail with an inventory and notification, according to the website of the Russian Post, the letter arrived on May 20, 2018 at the addressee's post office and is awaiting delivery. The recipient does not receive mail. From what date should the countdown begin and consider the addressee to have received the letter? From May 20, 2018, or you need to wait until the letter has acquired the "expired storage" status and returns back to us (for example, June 20 - as a rule, letters are stored in the mail for a month). If possible, I ask you to give examples from judicial practice, during which the court considered the issue of determining the date of notification in connection with the non-receipt of a letter by the defendant.

Answer

Sometimes it is extremely important to confirm the receipt of the document that you send to the organization. It can be any document sent by a legal or individual, for example, a claim, a protocol of disagreements, a letter, an act, etc.

In the event of a conflict situation, the more important it is for the sender to prove the fact of receipt of the document by the addressee, the more important it is for the recipient to avoid this, and even better to mislead the sender (so that he considers the fact of receiving the document proven and only in court finds out that this is not the case, thus losing the case or significantly reducing his chances of winning it).

Example 1

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Here simple situation. In 2011, the organization entered into an agreement for the provision of a range of services for the creation of gas infrastructure in a summer cottage settlement and for facilitating the conclusion of a direct agreement between a summer resident (individual) and a resource supply organization. Deadline - 30.09.2013. The summer resident paid the money in 2011 and, when it became clear that the obligations under the contract were not fulfilled, he wished to return his money. The contract contains the following condition:

“4.4.2. If the Contractor does not provide the Customer with the Services under this Agreement in full within the period specified in clause 3.2.3 of the Contract, the Contractor, at the written request of the Customer, is obliged within 10 (Ten) banking days to fully return the cost of services under this Agreement received from the Customer in accordance with clause 2.1. Agreement".

As you can see, according to the terms of the concluded agreement, in the event of a delay in the fulfillment of obligations by the Contractor, in order to return the money to the Customer, it is enough to send a request for this. It turns out that the fact of receiving such a document automatically makes you return the money. And if the Contractor does not want this, then in every possible way he will dodge receiving the document.

Now let's show how you can draw up a demand (this is how the document is called in the contract, it resembles a statement in form) and a correct mark of its receipt (it is highlighted in orange).

Example 2

Claim with a receipt mark, which is highlighted in orange

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We emphasize that not only organizations (whose documents you deal with by the nature of your activity) often find themselves in a similar situation, but also people, for example, when they make an advance payment for a kitchen set or other large purchases, and then long and hard wait for the promised. By the way, in this case, the consumer protection law will also act on the side of the buyers. A well-drafted claim save the seller from the desire to drive a person by the nose and will encourage him to return the money a hundredfold or otherwise resolve the conflict. So the sample claim for such cases from Example 2 may be useful to you personally! In order for the matter to get off the ground, it is necessary not only to correctly draw up a document, but also to achieve confirmation of the fact that it was received by the addressee.

The agreement entered into may include mandatory pre-trial (claim) procedure, without passing which neither party to the transaction will be able to go to court. Such a procedure may include the obligation of the dissatisfied party to send the document, wait for it to be received by the counterparty, and then another, for example, 30 days for consideration of the issue on its merits. And only if you do not receive a response document or disagree with the position of the counterparty set out in it, you can go to court. So they are trying to save time on the postal delivery of the document by sending it to a "messenger" who asks to "sign for receipt."

Receipt mark on the document itself

First, we propose to figure out which marks on the document will indicate the fact of its receipt by the addressee. And then we’ll tell you how they try to dodge it, and what to do if you find yourself in a similar situation.

It should be?

GOST R 6.30-2003 talks about the attribute “A mark on receipt of a document by an organization” (highlighted in orange in Example 1). In the process of registering an incoming document, data about it is entered into the registration form of the organization - this is how it receives an incoming number, which is then displayed on it along with the date of registration in the lower right corner of the first sheet or on the back. GOST R 6.30-2003 does not say anything about the need to display the name of the recipient organization in this mark, but this information is present in the mark sample in the Guidelines for the application of this GOST.

Document Fragment

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GOST R 6.30-2003 “Unified Documentation Systems. Unified system of organizational and administrative documentation. Documentation Requirements »

3.29. The mark on receipt of the document by the organization contains the next serial number and the date of receipt of the document (if necessary - hours and minutes).

It is allowed to mark the receipt of the document in the organization in the form of a stamp.

The practice of business turnover has developed another way to “sign to receive a document” (see the contents of the orange fill in Example 2). Moreover, it is more perfect, because with this design it is clear which official of the addressee organization and when he received the document, the presence of a personal stroke will not allow him to deny it later.

You can ask to additionally certify the signature with a seal (what if they put it?), Then this will be your clue in case of attempts to renounce receiving the document by the proper person.

What are they doing!

Let's see how they can make a mark on the document so that it resembles what you want, but still does not prove the fact that the organization received your document. There are many variations on a given theme. They are not limited to the following examples. Therefore, be vigilant.

Example 3

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A mark on the receipt of a document by an organization can be issued “beautifully” by hand (without a stamp and indicating the name of the organization):

but at the same time, do not enter the document into your registration form (do not include it in the information array of the organization) or delete it after your departure. Now, after all, few people keep handwritten registration logs; erasing a record from them was much more difficult than deleting a “line” from an electronic journal.

The situation can be saved by the presence next to the registration data of the incoming document of a personal stroke of an official of the addressee organization with a transcript and an indication of the position, including the name of the organization. At the same time, you need to understand that you have the right to refuse. But if the organization is not going to then refuse to receive the document, they can meet you halfway. Then the mark on your instance will look like this:

In this case, the mark begins to resemble the one shown in Example 2 on an orange background, only the date of receipt is moved to the first line and the incoming document number replaces the word “Received”. Thanks to these transformations, we get a kind of hybrid of two types of marks.

If they resist, look at you with amazed eyes and insist that your wishes are wrong, then simply offer to issue 2 correct marks: one with a registration number and date, the second with the signature of an official:

Example 4

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A personal stroke is present in various details (in the resolution; in the signature; in the inscription certifying the copy; in the visa demonstrating the agreement of the document with this person). And only the words surrounding the signature unequivocally allow us to interpret what the person signed. Therefore, if your copy has only a signature with a transcript, and even without an indication of the position, then it is impossible to say unequivocally what it indicates:

And then you will have to additionally convince (for example, when considering a case in court) that such a mark proves the fact that an official of the addressee organization received your document (most likely, the court will evaluate all the evidence presented in aggregate). And the date of receipt of the document with such a mark is not at all clear!

Therefore, please immediately add all the necessary information:

Example 5

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With the signature of an official of the organization to which the document is addressed, difficulties may also arise:

• if a person sits in the office of the company you need, this does not mean that he is on its staff. The situation of fragmentation of a single business into several legal entities is common. And the signed person can really be a lawyer, but not at all in the Vasilek organization, to which your document is addressed, but, for example, in Romashka LLC. This will later allow “Vasilok” to disown the receipt of the document, because its officials did not receive the document, and who signed for its receipt, they “do not know”;
• often in the event of a conflict, the “messenger” is not allowed into the office at all, taking the document at the entrance at the guard, and then taking it out with a mark in which there is a signature, but the “messenger” did not see who put it.

You can “treat” such tricks by affixing an imprint of the seal of the addressee organization. Ask to do it. Strictly speaking, the addressee is not obliged to do this, but in this way he will be able to dispel your doubts (and then the doubts of the judge) about the fact that the document was received by the proper person.

What can be the conclusion? The "complex" that guarantees the legal force of the mark of receipt of the document is as follows:

• the word “Received”, “Received” or “Document received” or another phrase with a similar meaning;
• personal stroke of an official of the addressee organization;
• its decoding in the form of a surname and initials;
• full indication of the position, including the name of the organization;
• date of receipt of the document.

Incoming number and seal impression are optional. We have explained their purpose above.

Take several copies of the document with you. Give one to the addressee, on the second ask to issue a mark of receipt. And if the first time it does not work out in the proper form, then you should have copies for subsequent attempts.

Try to get the maximum. And then evaluate whether you have enough of what you managed to get. If not, then it is better to admit it to yourself right away and arrange another delivery of the document, but in a different way.

Delivery by "regular" mail

If the addressee rebuffed your requests (did not certify the fact of receiving the document in the way you needed) and calmed down on this, then receiving the same document later as a registered mail item with a list of attachments and an acknowledgment of receipt can sober him up.

At the same time, it is important for you to keep all the documents issued by mail when sending, and then wait for the notification of receipt filled in by the recipient. "Mail" documents are best stored with your copy of the document (so it will be easier to understand / remember what exactly you sent).

You need to send to the legal address of the organization. It can be viewed in the documents that you received or signed with this organization (contract, letter, invoice, etc.). If these documents were drawn up a long time ago, then just in case, it is worth checking if the address of the organization in the Unified State Register of Legal Entities, at which it is obliged to receive correspondence, has changed. This can be done, for example, on the website of the Federal Tax Service http://egrul.nalog.ru by organizing a search by a unique OGRN or TIN of an organization, or try to find it by name, address you know.

Picture 1

Delivery by "regular" mail

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Delivery by email

If an agreement has been concluded between the parties and the document that you are trying to deliver relates to the relations regulated by it, and the parties stipulated in the agreement that e-mail or fax messages are equal to full-fledged documents, then you are in luck (see Example 6). Send your letter to the address indicated in the contract. It will be efficient and effective.

Otherwise, you will have to take into account that the courts still perceive electronic correspondence ambiguously: they use it only in conjunction with other evidence and do not consider email as such a legal document.

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Elizabeth Dobrenko, lawyer

The most important characteristic of any evidence and weakness electronic documents is the validity of the data they contain. By general rule In addition to confirming the veracity of the document's information, authentication is also important - confirmation of the authorship of the document. If the document is electronic, then in addition to the above characteristics, confirmation of the sender and recipient is also necessary.

You also need to understand that the judge considers and evaluates all the evidence according to his inner conviction, which is rather problematic to predict in advance. Although you can study the judicial practice in your territorial district and "estimate" your chances.

Note that not only judges, but the entire legal community has two points of view about electronic evidence. Some accept correspondence, taking into account the rest of the circumstances of the case. Others believe that according to the letter without electronic signature it is impossible to determine its author with sufficient certainty, and additional efforts are required to confirm the sender and recipient of the letter. After all, even "password-protected" mail, both in the office and at home, can theoretically be used by another person.

Example 6

Terms of the contract that give legal effect to electronic correspondence

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7.2. The Parties recognize the legal force of the documents transmitted by facsimile and e-mail.

7.3. The parties have determined that the interaction between them will take place using phone numbers (faxes) and addresses Email named in section 10 "Details and signatures of the parties". The parties assume the responsibility for changing phone numbers, email addresses and authorized representatives to notify the counterparty about this within three business days.

Simple letters are thrown into the mailbox, where they wait for their addressee. Orders are different. Most often they carry important information concerning the interaction of a citizen with various state bodies, including courts, tax authorities, as well as banks, insurance companies. Often there are situations when the addressee cannot receive them for some reason, and then he has a question about how long a registered letter is stored in the mail.

The difference between ordinary and registered shipments

To send a simple letter or postcard, you need to buy and stick a stamp on the envelope and take the item to a special mailbox for outgoing mail. And such correspondence comes to the addressee also through a personal mailbox, into which the postal worker throws it.

Registered letters are sent with acknowledgment of receipt. The postman delivers them to the recipients personally. The fact of delivery is certified by a note of receipt, certified by a personal signature.

It is also allowed to receive such correspondence to an authorized person by proxy.

Registered items are assigned three-digit numbers by which you can track their movement either on the Russian Post website or by contacting the post office.

The limit of registered mail in terms of weight and size is clearly defined: the weight should not exceed one hundred grams, the dimensions should not exceed the size limit of 229X324 mm.

The full address of the recipient and sender must be indicated on the envelope.

Registered mail is sent strictly at post offices and is paid in accordance with the approved tariffs.

There is also such a type of mail as a valuable letter with an attachment. An inventory is drawn up for the documents constituting the attachment.

Ordinary letters are thrown into the box to the addressee, and registered letters are handed over personally.

Procedure for receiving registered mail

As soon as the registered letter reaches the post office, a notification is sent to the addressee. If within the period indicated in it the recipient is not behind the envelope, then after five days he is notified again - in person and under signature.

If the recipient accepted the notification, as evidenced by his signature, but did not appear for correspondence, then he is charged for the letter in the mail in excess of the established limit. If in this case the addressee has not received it, then it is subject to storage for a month.

Postal retention period

From the date of receipt of the letter, they are stored at the post office for 30 days. The addressee may extend the storage period for registered items (registered and insured) for up to two months on the basis of a written application.

Storage of court letters

Judicial dispatches are letters and parcels sent by courts and prosecutors. Such items contain rulings, rulings, court decisions and subpoenas.

Envelopes of such items are stamped and accompanied by an acknowledgment of receipt.

Judicial letters are received personally under the signature. However, if there is no possibility of receiving in person, then in the case of delivery of correspondence to the house, any adult member of the recipient's family is entitled to receive it. This is due to the need to urgently notify the addressee about the court decision or about his appearance at the court session. Therefore, judicial correspondence is stored for a smaller amount of time. After all, handed over after the date of the court decision, it loses its relevance.

Judicial letters are stored for no more than seven calendar days, and then sent back and filed into the case. In this case, the sender does not bear the cost of re-sending.

Ordinary items can be thrown into the mailbox, while registered items are sent at the post offices

Expiration dates

At the end of the storage period, registered and valuable letters are sent to the sender, who must pay for the postage, and only then will he be able to pick up his correspondence. Unclaimed correspondence is destroyed after 6 months of storage.

If suddenly the addressee could not receive a registered letter within the prescribed period, then it is necessary to contact the place of its departure within the indicated six months.

Registered letters are rarely lost and most often find their recipients.

How long will simple postcards and letters wait for you: they are not returned to the sender and are disposed of after 6 months.

Regulatory documents provide for the procedure for extending storage based on the application of the recipient.

Regulatory framework for mail

These are, first of all, the Civil Code of the Russian Federation, the Federal Laws: "On Postal Communication" and "On Protection of Consumer Rights", as well as the Russian Post's own regulatory framework.

In the event of disputes and visible violations on the part of postal employees, it must be remembered that the internal regulatory framework should not contradict the requirements of the Civil Code of the Russian Federation and federal laws. And, accordingly, the reference to the norms prescribed in the internal rules that violate the rights of citizens and the requirements of the law is unlawful.

It is also useful to know the rules for storing in the mail and receiving and, but that's another story.

What happens if you don't get a court letter. Video