When it comes to the question of sending a telegram through the Russian Post, many people remember the queues as in Soviet times. But with the development of the computer industry and its introduction into the postal sphere, it became possible to send a telegram by Russian Post to online mode without queues and unnecessary nerves. Now there is no need to adapt to the mode of operation of the post office, and waste time. There is sending and payment in a way convenient for you. A telegram is a message from text, the transmission of which is carried out via telephone.
To send a telegram, you now need any device such as a smartphone or tablet with Internet access. Either Personal Computer connected to the Internet. You can send from anywhere and at any time convenient for you.
To send, you need to go to the mail site, register and find the section with the form for sending a telegram, fill in all the fields. We indicate all the data on the recipient and sender, then enter the text of the letter, then proceed to the choice of payment method. So, sending a telegram by Russian Post via the Internet is as easy as shelling pears.
After finishing writing the text, the program automatically reads the number of words and, based on this, forms the cost of the telegram. You can pay for the service by transferring funds from your phone, WebMoney or Yandex.Money. If necessary, you can get copies of the telegram, as well as notifications.
Many, having learned that there is such a method of sending, remember their failures and the time and nerves spent.
The question arises if everything is so easy and simple, how much does it cost to send a telegram by Russian Post?
The tariffs for sending a telegram are very different, it all depends on the type of telegram being sent:
- The price of sending a regular, non-urgent telegram through the Russian Post for one word is 2.8 rubles, as for an urgent one - 4.10 rubles. for one word;
- The tariffs for the provision of telegrams are: in the case of regular and non-urgent 13 rubles. per word, urgent - 22 rubles;
- For telegrams of other varieties, such as out of category, extraordinary, are paid for the usual non-urgent in the amount of 85 rubles. for the word;
- Tariffs for telegrams delivered to places of residence where there is no telegraph and telephone communication, as well as with the mark "custom", is 40 rubles. for one word;
- The cost of notification of the delivery of telegrams by telegraph, for the usual non-urgent 189 rubles. per word, urgent 231 rub. for the word;
- When registering, as well as re-registering the telegram delivery address, the subscriber pays 1500 rubles. in a year.;
- The price of certified telegrams is 281 rubles;
- As for copies of telegrams, which are issued upon application, their price is 84 rubles. for 100 words;
- Telegrams, which are written in Russian and Latin script, are paid in the amount of 20 rubles. for the word.
However, courts are wary of electronic documents and do not always accept them as proper evidence. In this article, five ways to get a court to accept email as evidence in a case.
QUESTION TO THE TOPIC
In what form is electronic correspondence submitted to the arbitration court?
There are no special requirements established by law. However, due to the fact that all evidence must be attached to the case (Articles 64, 75 of the Arbitration Procedure Code of the Russian Federation), it can be concluded that electronic correspondence must be submitted on paper (determination of the Supreme Arbitration Court of the Russian Federation dated April 23, 2010 No. VAC-4481/10 ).
Preliminary Steps for E-mail to Be Evidence-Based
Electronic correspondence is a kind of written evidence (clause 3, article 75 of the Arbitration Procedure Code of the Russian Federation). At the same time, the Arbitration Procedure Code states that electronic messages can be attributed to written evidence in the manner determined by law, the agreement or the Supreme Arbitration Court (clause 3, article 75 of the Arbitration Procedure Code of the Russian Federation as amended by Federal Law No. 228-FZ of July 27, 2010). Therefore, the parties can personalize their electronic messages in advance so that they later become admissible evidence in the case. This can be done in two ways.
Method one: giving legal force to the correspondence in the contract. Considering that counterparties have the right to determine the procedure for submitting written evidence on their own (clause 3 of article 75 of the Arbitration Procedure Code of the Russian Federation), they can give probative force to electronic correspondence in advance.
To do this, they need to prescribe the appropriate condition in the contract (conclude an additional agreement) indicating the email addresses that will be used by the parties, and those persons who will carry out such correspondence on behalf of the company.
In addition, as court practice shows, it would not be superfluous to indicate exactly what legal actions the parties agreed to carry out through electronic correspondence. In one of the disputes, the party to the case referred to the fact that in the questionnaire to the contract the parties agreed on the use of e-mail with the designation of the address of the counterparty where documents should be sent. However, the arbitration court emphasized its position on the fact that "the e-mail address was indicated by the parties for the implementation of working correspondence, and not for the transfer of the results of work" (resolution of the Federal Arbitration Court of the Moscow District dated 12.01.09 No. KG-A40 / 12090-08).
Without specifying in the contract the contact persons, e-mail addresses and issues that the parties can agree on in this manner, the court most likely does not recognize electronic correspondence as admissible evidence in the case (Decree of the Federal Arbitration Court of the Moscow District dated February 27, 2010 No. KG-A41 / 531 -ten). Judicial practice with the opposite position of the courts is extremely insignificant (decree of the Federal Arbitration Court of the Urals District of June 28, 2010 No. Ф09-4726 / 10-С3).
Method two: using email digital signature. An electronic digital signature (hereinafter referred to as the EDS) is equated to a handwritten signature in a document on paper (clause 1, article 1 of the Federal Law of 10.01.02 No. 1-FZ "On Electronic Digital Signature"). Undoubtedly, its use is one of the most reliable ways to identify electronic messages.
If the company submits to the court an e-mail that is signed by the digital signature of the other party, then it will not be necessary to establish the fact of sending and the authenticity of the e-mail. But here it is important not to miss one detail: in the event of a dispute, the court may require the submission of a document that confirms the agreement with the counterparty on the use of the EDS (Resolution of the Federal Arbitration Court of the North-Western District dated 03.03.09 No. F-04-1207 / 2009 (1502-A46 -eleven)).
QUESTION TO THE TOPIC
What should I do if the plaintiff's correspondence has not been preserved, and the counterparty has deleted it on his computer?
A party may ask the court, in order to secure evidence, to request from a company that carries out technical support mail server, archival copies electronic messages.
Evidence in court by means of electronic correspondence
Documents received via e-mail are appropriate evidence, subject to a comprehensive full assessment based on the totality of evidence, which is not contradicted by the information contained in the electronic correspondence of the parties (Decree of the Federal Arbitration Court of the Moscow District dated February 17, 2010 No. KG-A40 / 14784-09 ). The company will simply need to prove the authenticity and validity of these letters. Here are some ways.
Method three: determining the details of e-mails. As stated in Article 75 of the Arbitration Procedure Code, written evidence includes documents that allow you to establish the authenticity of the document, that is, that it is signed by the appropriate person, correctly reflects the date and place of compilation, the addressee and other necessary information. In one of the cases, the court determined the data needed to confirm the accuracy of the information. These included: the recipient's and sender's e-mail addresses, information about the time and date of sending the e-mail, the mail server from which the e-mail was sent. Due to the lack of these data, the arbitration court did not accept the printouts of electronic correspondence presented by the company as evidence (decree of the Federal Arbitration Court of the North Caucasus District dated 07.07.08 No. Ф08-3751 / 2008).
Method four: conducting an examination. The authenticity of electronic evidence can be established by the conclusion of a forensic examination. To do this, you need to find an organization that conducts computer-technical expertise. You can turn to experts without waiting for the trial, or petition the court for an examination (clause 1, article 82 of the APC of the Russian Federation). Then the court will appoint an expert who will draw up an opinion and determine whether the correspondence really came from the parties to the case, establish its real content, time of departure and other data. The act of an expert opinion is accepted by the courts as evidence (decree of the Federal Arbitration Court of the Moscow District dated January 20, 2010 No. KG-A40 / 14271-09).
Method five: drawing up a notarial protocol. One of the reliable ways to legalize electronic evidence is to draw up a notarial protocol. Companies have been using this method more and more in recent years. According to the law, notaries have the right to inspect written and physical evidence (Articles 102, 103 of the Fundamentals of Legislation on Notaries dated February 11, 1993 No. 4462-I, hereinafter referred to as the Fundamentals). The company can provide the notary with access to a computer and mail server, which contains the correspondence. The notary will verify the authenticity of the correspondence, determine whether it really came from the parties to the case, and draw up a protocol that will give the electronic correspondence the form necessary for forensic evidence. themselves emails should be printed out and filed with the protocol. Such a protocol will be proof that, on a certain date, the email data actually contained electronic messages received from certain addresses. It is important to remember here that a notary will be able to draw up such a protocol only before the start of proceedings in court (Article 102 of the Fundamentals).
Telegraph rules
In ancient times, messages over long distances were transmitted by drumming, smoke signals, and other equally primitive means. When sending a message, a person was forced to rely on messengers - on foot, on horseback or on ships. This connection was slow and unreliable. This continued until the end of the 18th century, when the first telegraph was invented.
The secretary, despite the advent of fax and e-mail, quite often has to send telegrams, since a correspondent who needs to urgently inform something may not have a fax machine or e-mail. In addition, a fax is just a facsimile copy of a document, and it is the same as electronic document, without a digital signature has no legal force.
The head often instructs the secretary to compile the text of the telegram, as well as send it. Therefore, the secretary must be well aware of the general procedure for compiling, processing and sending this type of document.
A telegram is understood as a type of document determined by the methods of transmitting information through telegraph communication channels. The vast majority of telegrams refer to information and reference documentation with correspondence containing urgent information for making a decision, the transmission of which by mail did not ensure its timely receipt.
The requirements for the compilation and execution of telegrams transmitted for sending are established by the "Rules for the Provision of Telegraph Communication Services", approved by Decree of the Government of the Russian Federation on January 14, 2002 No. 12. In these rules, a telegram is defined as "a short text message transmitted, transmitted or intended for transmission by means of telegraph communications.
The rules guarantee users the right to secrecy of telegraph messages. The rules stipulate the language of interaction between telegraph workers and submitting telegrams. On the territory of the Russian Federation, this is the Russian language and additionally, at the discretion of the telecom operator, the native languages of the peoples of the Russian Federation.
Telegrams are divided into categories and types. It is possible to submit telegrams of the following categories of urgency (in order of decreasing the time for passing a telegram):
1) "telegram-letter" (marked "telegram-letter");
2) "ordinary" (without a mark);
3) "urgent" (marked as "urgent").
In most organizations, ordinary (simple) and urgent telegrams are used. However, in official correspondence, such categories of telegrams are also distinguished: to the President of the Russian Federation, to the Government of the Russian Federation, “government”, etc.
Telegrams are classified by type:
1) with notification of delivery by telegraph and with notification of delivery by telegraph urgent (with the marks "notification by telegraph" or "notification by telegraph urgent", respectively);
2) with delivery within the time specified by the sender (with the mark "hand over (date)");
3) with delivery to a settlement that does not have a telegraph connection (with the mark "registered mail");
4) with delivery on the artistic letterhead "lux" (with the mark "lux");
5) certified by the telecom operator (with the mark "certified").
The timing of the passage of telegrams transmitted between the capitals of the republics, regional, regional centers, as well as within any locality having a telegraph connection should be:
The deadlines for the passage of telegrams transmitted between any settlements that have a telegraph connection should be:
The telegram must be clearly and legibly written or printed on the front side of the telegraph form or on light-colored paper. Corrections, erasures, deletions and insertions made to the transmitted telegram by the sender or, at his request, by the telecom operator, must be certified by the sender's signature.
The transmitted telegram must contain the address (i.e., where) and the name of the addressee (i.e., to whom) (if the addressee is a citizen - the surname and, at the request of the sender, the name and patronymic or initials of the addressee; if the addressee is an official - the name of the organization , position, surname and, at the request of the sender, the name and patronymic or initials of the official; if the addressee is an organization - the name of the organization), the text of the telegram, the signature of the sender (at his request), notes (if any) on the category and type of transmitted telegram.
A telegram is compiled in the following sequence:
2) a note about the type of telegram;
3) the address to which the telegram is to be delivered, indicating the name of the addressee;
4) the text of the telegram;
5) the signature of the sender (at the request of the sender).
The telegram address must contain all the address attributes necessary to ensure its delivery to the address without searching and inquiring.
A telegram can be addressed to one or more addresses (multicast telegram). When submitting a multicast telegram with the same text, the sender must submit as many copies of the telegram as there are addresses indicated. In the address part of each telegram, only the point where the telegram should be delivered is indicated, the rest of the addresses are indicated in the text of the telegram.
It is allowed to receive a multicast telegram with one text according to the list of addresses, but not more than 20 addresses in the list. The list of addresses must be submitted simultaneously with the telegram. One copy of the telegram is attached to each list.
Telegrams can be addressed to:
1) to the full address;
2) to a conditional or abbreviated address;
3) on demand;
4) to the number of the PO box;
5) to the military unit;
6) to the address of the field mail;
7) to the addresses of sea and river vessels;
8) to the number of the received telegram;
9) to the number of the subscriber unit of the AT/Telex network.
The telegram indicates the exact address (before it must be put down the number (index) of the post office serving the addressee), the name of the institution, if known - the name of the position, the surname (with or without initials) of the recipient.
The text of the telegram is printed on a blank sheet of paper on one side at two intervals in capital letters. Between words in telegrams, a gap is made in two strokes. The text is printed starting with a paragraph, then red lines and paragraphs are not allowed. Address and text are printed without word wrapping. The text is presented in a concise manner. It should consist of one logical element - the conclusion. Only in exceptional cases can a brief proof be allowed.
When composing a telegram, great importance should be attached to the choice of words that more accurately convey the meaning. A telegram is written in a special telegraphic language, if possible without prepositions, conjunctions, punctuation marks. The semantic shades of words and their connection are conveyed by the order of the words in the sentence and their endings.
The numbers in the submitted telegram can be indicated either by digit signs or by full words. The numerical values contained in the text of the telegram, the accuracy of which is important for the user, must be indicated by the sender in full words.
The signs "dot", "comma", "quotation marks", "bracket" can be indicated in the telegram either in full words, or in abbreviated words ("dot", "zpt", "kvh", "skb"), or the corresponding symbolic characters.
The signs "question mark", "dash" ("minus"), "plus", "fractional line" can be indicated either by full words or by the corresponding symbolic characters.
The sign "number" can be indicated either by the full word or by the abbreviated word "nr".
Other characters can only be indicated in full words.
Punctuation marks in the form of corresponding symbolic signs, stern of the symbolic sign "-", must be written in telegrams after the previous word (group of numbers) without an interval and are considered with it as one word.
Character signs "+" (plus) and "/" (fractional line) between words must be written with intervals between preceding and following words and are considered as separate words, and between numbers - without intervals and are not considered separate words.
The text of the telegram must contain at least one word, but the telegram must not contain more than 300 words. If the telegram consists of more than 300 words, it must be divided by the telecom operator into several parts, 300 words each (the latter may contain less than 300 words), transmitted as separate telegrams.
It is recommended to separate the signature from the text with line spacing. After the text and the signature, a demarcation line is affixed, under which official information that is not subject to transfer is indicated: the sender's address, the full name of the structural unit, the position, the sender's signature and transcript, the date of the signature, which is affixed by the signer of the telegram.
The text of the official telegram is certified by a seal. A telegram is drawn up in two copies. The first, signed, is given for transfer, and the second is filed into the file.
Visas can be affixed to the copy of the telegram in its lower part, as well as the time of transmission of the telegram for dispatch.
When issuing international telegrams, their address and text are printed in Latin letters. The address in such telegrams is printed in the following sequence: the name of the addressee (in the nominative case), the address of the organization or place of residence of the addressee (house number, street number), the name of the destination (city, country).
The number of paid words of the internal telegram includes all words that form the content of the telegram (marks on the category and type of telegram, address, text, signature).
For one word in the telegram is considered:
1) each word written in accordance with the rules of grammar and having an independent meaning, including particles and prepositions;
2) each single character, number or letter;
3) a sign written in full or abbreviated word;
4) a figure written in full;
5) a group of characters not separated by the symbolic sign "-", consisting of numbers, letters, or a mixed group.
An example of a telegram design:
ROSTOV-DON ALMAZ
PRODUCT TEST DELAYED
LACK OF ACCESSORIES
EXTEND YOUR BUSINESS FOR TWO WEEKS CHIEF OF OTK IVANOV
Samara, River, 30
Head of OTK ( personal signature) I. O. Surname
Used to transmit operational information telephone messages- official messages transmitted by telephone.
Mandatory details of the telephone message are: names of institutions of the addressee and addressee; details "from whom" and "to whom" indicating the position, surname, name and patronymic of officials; number, date and time of transmission and reception of the telephone message; positions and names of the person who sent and received the telephone message; phone numbers; text and signature.
The telephone message must have a heading, it is compiled in accordance with GOST 6.38 - 90 as for a business letter, that is, it is expressed in a prepositional case with the preposition "o" or "about". (For example: About changing the time of Council meetings; About the arrival of conference participants).
In general, telephone messages are written in "telegraphic language", that is, briefly, precisely, in simple sentences. In the first part of the telephone message, the facts that prompted the telephone message are stated, in the second - the actions taken. Telephone messages are stated in the first person, for example: "We remind you that the contract is expiring." The length of the telephone message should not exceed 50 words.
It is desirable that institutions have special forms for incoming and outgoing telephone messages. The following form is recommended:
TELEPHONE GRAM
Addresser (name of institution) Addresser (name of institution) ___
from whom (position, full name) from whom (position, full name) ___
transmission time hour min transmission time hour min
Transmitted by (last name) Received by (last name)
Phone number ___
Heading Heading
(signature)
On forms for incoming telephone messages, the requisite "addressee" must be printed in a typographical way, and on forms for outgoing telephone messages, the requisite "addresser" must be printed in a typographic way.
fax message– a document received by facsimile machine (telefax), telephone communication channels. A facsimile message (fax) is essentially an uncertified copy of the transmitted document, and its legal status is the same. Any kind of documents and attachments to them can be transmitted by telefax: tables, drawings, diagrams, drawings, photographs. However, fax messages are more a kind of correspondence between business partners, organizations, substitutes for telephone messages.
Faxes for outgoing documents should be drawn up in the same way as a business letter, but they can be made in one copy, which, after its transmission, is filed into the file. Additional data that the device itself puts down are: indication (code) of the sender, date and time of transmission, telefax number, number of pages.
If received faxes have important information and are intended for long-term use, make a copy of the document as the paper used in fax machines is not durable.
Electronic message - a document transmitted by "electronic mail" over a communication system between computers, it can be seen displayed on a monitor or printed on a printer.
The introduction of electronic mail (e-mail) is one of the most characteristic features of today. It is steadily replacing traditional means of communication. Its main and indisputable advantage is efficiency.
With the increased share of emails in the total volume of business correspondence, it is necessary to pay attention to the following features of the preparation of these letters:
1) the content of the letter should be focused on one topic. You should not be sprayed and try to "embrace the immensity." You need to act according to the principle: "one letter - one problem." Attached documents, especially if these are graphics, figures, tables, are sent as an attachment to the forwarded letter file. In this case, it is easier for your recipient to navigate the essence of the message, and if necessary, it will not be difficult for him to send the application, for example, to another address;
2) correspondence of business people by e-mail is purely utilitarian and pragmatic. She is devoid of emotion. Accordingly, the style should be purely working and concise;
3) despite the lapidarity of the e-mail, its tone remains polite and tactful. In this sense, it does not differ from ordinary correspondence. Moreover, in postal correspondence, signs of attention, elements of courtesy can be conveyed using external attributes, for example, using a specially prepared form, appropriate paper, design, placement of details, etc. With e-mail, these possibilities are excluded. Therefore, this "flaw" can be compensated by observing the rules of written etiquette;
4) e-mail does not allow red tape, delays in response. This is an emergency mail with elements of urgency. Correspondence sometimes proceeds in real time - "On-line". Ability to communicate in writing is required. This requires certain training, skills, the ability to wield a pen;
5) the language in electronic correspondence is specific, brevity. It is recommended to avoid long phrases and boring standard expressions in traditional correspondence.
In private informal e-mail correspondence, the use of so-called Emoticons is allowed. We are talking about using a schematic representation of the human type to convey emotions in electronic texts. They are designed to spice up the dry and concise language of e-mail. This includes Smileys and Acronyms.
Below are some examples of the so-called Smileys (smiles, chuckles) adopted in the West and used in e-mail correspondence. Of course, this applies only to personal communication and is hardly applicable to serious and responsible correspondence that touches on important business issues.
1):-) - smile;
2);-) – wink;
3):-(- frown;
4):-D - laughter;
5):-X – no comment;
6);-(- crying;
7):-] - sarcasm;
8) \u003d: O - surprise.
Acronyms, i.e. words formed from the first letters of the phrase it replaces, are much more common in business correspondence than Smileys. Moreover, they are used not only in emails, but also in regular correspondence. Below are some of the more common acronyms:
1) ASAP (As soon as possible) - as soon as possible;
2) MSG (Massage) - message;
3) JIC (Just in case) - on occasion;
4) CUL (See you later) - see you later;
5) FAQ (Frequently saked question) - a frequently asked question;
6) IMHO (In my humble opinion) - in my humble opinion;
7) BTW (By the way) - by the way;
8)
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