You probably met this concept both in everyday life and in the business environment. In the article we will analyze in detail what an order is, consider the interpretation of this concept from a variety of dictionaries. We define the features of this act, decision, document, highlight the distinguishing features.
What is an order?
First, get acquainted with the definitions of the concept. What is an order:
- In administrative law, this is the name of the management act, which, as a rule, is issued individually by the leaders of collegial bodies. The purpose of such a document is to resolve operational problems and issues. Most often, orders have a strictly limited period of validity, concern a narrow circle of citizens, employees or officials.
- One of the terms of labor protection. This is the name of the written assignment for the performance of specific work or the provision of services. The document determines their content, time, place, necessary security measures, as well as persons who need to perform this task. It can be given directly or using any means of communication. Typically, orders differ in a one-time nature, valid within one business day.
- The action, which is expressed in an oral or written demand from the worker to perform a job assignment.
What is an order? The term should be separated from the like. Namely - disposition of property. So called in civil law one of the three inalienable powers of the owner.
Features of documentation
The order of drawing up orders of the government, individual leaders, officials in general is similar to the order of issuing orders for any main activity. The similarities and differences of these documents we will definitely analyze further.
The order is drawn up on a special form intended for such acts. The following details must be indicated in the document:
- Name of organization, enterprise, state body.
- The name of this type of documentation ("Order").
- Date of the act.
- Registration number of the document.
- Place of preparation or publication of this order.
- Title to the main text of the act.
- Personal signature of the originator, visa certifying business paper.
Similarities to the order
You could see in the press, for example, the orders of Russian Railways. In terms of content and design, such acts resemble orders. Decide on the similarities between them.
As for the legislation, it is impossible to find information in it that would highlight a clear distinction between an order and an order. Moreover, in the legal documentation these terms are not rarely used as synonymous concepts. But there is a difference between them - we will further specifically designate it.
As for the similarities, both the order and the order relate to the LPA. That is, local legal acts. They are published by the governing body of a legal entity, administrative entity or state authority.
Both the order and the order are a documented decision of the commanding staff on operational, personnel, organizational and other issues relating to the activities of the organization.
And one more important similarity. Both documents have a scope limited to the jurisdiction of a particular subject. The one whose supervisor issued a visa on these papers.
Both the order and the order will regulate only the internal activities of such a subject.But it is possible that at the same time they may affect his relationship with other subjects of law. But only to the extent that it concerns the performance of official duties by its employees responsible for the execution of such an order or instruction.
Distinctive features of the order
We continue the conversation. How, for example, does an OAO order differ from an OAO order? The difference is mainly in informal rules for determining situations in which any of these documents will be relevant.
Here are the situations in which the execution of the order will be necessary:
- Validity of the act: long.
- Termination term: valid until canceled.
- Compiled by: director of a specific entity.
- The possibility of making changes to the content of the document: exists.
- The range of issues: legal relations in the organization.
Distinctive features
We move on to the next topic. It is quite simple to determine how the order of Russian Railways differs from the order of this organization, if you know the distinguishing features of both acts. We continue to represent them.
The order, in turn, will stand out as follows:
- Validity of the document: short.
- Terms of termination of the documentation: valid until the execution of the act.
- Compiled by: heads of both entities and their branches, divisions, departments.
- Possibility of making changes: the order can be reissued.
- Circle of issues: operational issues related to the activities of the organization.
Key Features
We single out the main features of the order and the order.
An order is an LPA that forms the basis for legal relations. Therefore, it naturally has a long duration. Not limited to a specific event. A vivid example here is the order to appoint an employee to work. If necessary, the drafter may make the necessary changes to the order.
The order is an example of an operational order document. Accordingly, it can only act until the decision comes into force. The very thing that underlies this act. A vivid example here is the order to create a working group. Accordingly, it will be valid only until the solution of the task assigned to the participants.
The right to issue orders is vested in the head of the subject. But at the same time, by his own order, he can delegate the authority to issue orders to his deputy or other official in the organization. Such a right may be either permanent or temporary. As for the circle of persons authorized to give orders, it is much wider.
Another difference. The orders and instructions are distinguished by the range of issues resolved with the help of such documentation. An order is a basis for starting or changing any legal relationship. An order is the solution of operational issues that arise from existing legal relations. Including those arising on the basis of orders.
It is important to note that the forms of registration of such documents are also different. Orders in their structure have no headings. Usually they begin with the words "Dispose", "Dispose." And the order must necessarily have the corresponding subtitle - "Order". The administrative part of such an act begins with the words "I order."
Business entities are vested with the right to use standard forms of orders and orders, as well as make changes to them based on the specifics of their activities. They can also enter their own forms of such documents.
Examples of orders
Now turn to the specifics. Here are the most common examples of orders:
- An order to hire a new employee.
- Order on the approval of the accounting policies of the organization, enterprise.
- Order on the approval of standard job descriptions.
Examples of orders
The next variety.We give examples of acts in which the right to order their drafters is embodied:
- On assigning the duties of an employee temporarily absent from the workplace to his colleague.
- On carrying out an inventory affecting any division of the enterprise.
- On making changes to job descriptions in connection with (for example) a change in job titles in the organization.
Normative documents
At the beginning of the article, we noted that Russian laws do not define clear differences between orders and orders. All that we have indicated above is an unofficial separation of concepts.
But at the same time, the definition of orders and instructions is given in a number of regulatory documents issued by the Federal Archival Service. As a rule, in it these terms act as synonyms, interchangeable concepts. But at the same time, acts of the Federal Archival Service also describe differences in the preparation of orders and orders.
As for the present day? In the legal field, fundamental differences between orders and orders are not distinguished. Requirements for their design can be found in various departmental legal and regulatory acts. As a rule, they are identical in relation to these two types of documentation.
The legislation does not contain recommendations on the use of certain regulatory documents by business entities. Therefore, in the preparation and execution of these papers, they may, at their discretion, be guided by the rules of general document management and office work.
An order is, first of all, considered a management act issued by the head of an entity - organization, government agency, enterprise. The legislation does not impose strict requirements for the preparation of such a document. And the difficulty here is that it is very similar to the order. Differences between these acts are revealed only at an unofficial level.
