There must be order in everything. There should be order in everything: in thoughts and... in documents

It's no secret that the enemy of any interior is clutter, especially if we are talking about a small space. How to avoid this unpleasant phenomenon, are there any simple ways to prevent clutter in your apartment? This is possible if you systematize storage systems and integrate them into a full-fledged part of the interior.

1. Everything is at hand



Every housewife wants nothing to distract her from cooking in the kitchen, so that the process is easy. Sometimes you need to quickly grab certain utensils and not waste time looking for them. In this case, it is better to provide a rack, open shelves, a bookcase or a stepladder where frequently used items can be placed. Then everything will be at hand and the owner won’t even have to open the cabinet doors. 2. Organize your refrigerator



It is equally important to organize proper storage in refrigerators, then searching for the right ingredient will take less time. To do this, if possible, it is necessary to package all products in plastic containers. They are quite compact and laconic in design, so that you can place many products in one refrigerator, and all of them will not be saturated with aroma or spread the aroma throughout the entire refrigerator, because the containers are hermetically sealed with lids.



The most common problem that housewives face in the kitchen is where to store lids for pots, bowls and plastic containers. They take up space in the cabinet and create a lot of trouble for housewives. To solve this issue, a metal, plastic or even textile pocket attached to the cabinet door is suitable. You can fit a large number of lids there.4. In harmony with the interior



When thinking through storage systems, you need to make sure that they fit succinctly into the interior. They can become part of the decor and act as color accents, or match the color of other objects or furniture. 5. Boxes to help



Some people have a habit of collecting cereal boxes, household appliances or cosmetics. This accumulation can play in favor of the interior. For example, all these cardboard products are quite useful for organizing drawers. 6. Storing small items



The need for storing small items is acutely felt in the hallway. There must be a small organizer with convenient compartments for storing keys, glasses and other small items.7. A needlewoman's dream



Women who are creative constantly need all kinds of storage systems for tools or materials. They are easy to make; for example, a regular plastic basket can serve as a ribbon organizer.8. Rescue banks



Glass jars can also do a good job. They are convenient for storing buttons, threads, pencils, crayons and even nails. At the same time, such storage looks stylish.9. Concise storage of things



When it seems that there are a lot of things and not enough storage systems, vertical storage will come to the rescue. Often, T-shirts, socks, pants and underwear are folded horizontally. But this way there is much less space for things. Therefore, to maximize space savings, it is recommended to roll things up and place them vertically close to each other. Then you can fit clothes from the entire chest of drawers into one compartment.



But how to store shoes in a small size? And where to hide winter boots in the spring and summer? We found .

Regardless of the husband’s citizenship, the foreign spouse receives a temporary residence permit only in the country where she will live with him. All the years she lived in a legal marriage outside, say, Germany, will not be counted towards the period required to obtain permanent residence in Germany. It is not so important how many years she lived with her German husband abroad, but to obtain a residence permit in Germany she will need to have an A1 certificate.

Obtaining a temporary residence permit (residence permit) for foreigners
spouses in various Western European countries:

- Germany (befristete Aufenthaltserlaubnis) is issued in the foreign service (Auslaenderbehörde) for one, two or three years at once and is a plastic card with a photograph and biometric data. If upon marriage the bride changed her last name, then she will first need to change her internal passport (only in her homeland) and on its basis receive a foreign passport with a new last name. And only then will she be issued this card by the migration service. To obtain a residence permit in Germany, a foreign wife must have a medical insurance policy (krankversichert sein) from the German health insurance fund (Krankenkasse): public or private, and be registered at the place of residence of her husband: obtain a registration certificate (Wohnanmeldung). You will have to appear at the foreign service in person and necessarily together with your spouse, who, in addition to a personal identification card or his foreign passport with a residence permit/permanent residence permit (for resident foreigners) and a marriage certificate (Heiratsurkunde) in German, will have to take with him a rental agreement (Mietvertrag ) or a certificate of home ownership, a salary certificate from the place of work (Lohnabrechnung) for the last three months or a document from the tax office (Steuerbescheinigung) for private entrepreneurs for the last 3 years. The request will be considered within several days or even weeks, it all depends on the workload of the office.

Foreign brides who reside before marriage within the European Union and have a temporary or permanent residence permit are also required to apply for a national visa at the German Embassy or Consulate General in that state. Residence permits and permanent residence permits are valid only in the territory of the country where they are issued!

- Portugal (Autorização de Permanência) - residence or temporary residence permit is first given for 2 years, then extended for another year, and for the 3rd time you can get permanent residence. After registering the marriage at the Portuguese registry office, the legal wife can wait for its issuance while already in Portugal. Both in the case of temporary status and permanent residence permit, the following rule must be observed: for the first two years after the initial issue of residence, family relationships must be maintained. Then only the wife receives the right to an autonomous residence permit, independent of living with her husband. In exceptional cases, for example, divorce of spouses with division of property, death of one of the spouses, death of parents or children reaching adulthood, this period may be reduced.

- Finland: as soon as the wedding date is set and the corresponding document is issued, you can apply for a residence permit, you need to wait six months, and you can already live with your husband in Finnish territory at this time. If there is an employer who is interested specifically in you (a nanny with knowledge of Russian or, say, the Tatar language will do), then the waiting period for issuing a temporary residence permit may be reduced. They first give it for 1 year, then extend it for another 48 months.

- Sweden: you must wait to receive a residence permit outside the Kingdom of Sweden (this is a requirement of Swedish law in this area). To do this, you must first undergo an interview at the Swedish Embassy/Consulate General in the bride's country of residence; her answers are sent to the Swedish Immigration Bureau (Migrations-verket) for comparison with the answers of her husband. You will have to be patient to receive a positive response (Meddelande om Beslut) from the embassy. The refusal is not subject to appeal! A foreign bride can apply to the embassy again after a certain period has passed. The Riksdag (Swedish parliament) recently adopted a decision aimed at tightening the procedure for issuing visas on the basis of marriages, that is, you really need to know your future groom very well in order to successfully pass this interview. This is aimed, first of all, to avoid hasty and rash decisions when there is practically no real acquaintance or ladies marry with a “Swedish passport”;

- Switzerland: A residence permit is first given for 12 months, then it is renewed every year for another 4 years. The foreign bride is sent a notification and a form by mail, which must be filled out and then taken to the local community administration (Gemeinde). Currently, you will need to visit the cantonal migration office to collect biometric data: a special photograph and fingerprints. A temporary residence permit will be issued automatically by the same migration service; To obtain a health insurance policy, a foreign spouse needs a certificate of residence (Wohnanmeldung), which is issued by the local community administration only after the wedding.

Permanent residence permit and citizenship of other countries

Almost every EU country has its own rules for obtaining permanent residence permit (PR) and local citizenship:

  • in Italy, Portugal - in three years. In Portugal, you can apply for Portuguese citizenship after just 3 years. To do this, you must pass a language test in Lisbon, but you do not need to renounce Russian citizenship, as in Italy;
  • In Sweden - (PUT), after 2 years, renewing a temporary residence permit 4 times every 6 months, and after 3 years - it will be possible to apply for Swedish citizenship if the foreign wife is still married, and, if not, then after 5 years. The countdown begins from the date of entry into the Kingdom of Sweden, and the period of absence from Sweden during these years is subtracted from the total period of residence.
  • In Germany, you can obtain permanent residence (Niederlassung) only after 3 years of continuous living in a joint marriage, that is, you should not, especially in the first year, leave the country for more than 2-3 months, alone, without a very good reason. Otherwise, the migration service will consider this marriage to be fictitious and on this basis may deprive the foreign wife of her residence status and forcibly deport her to her homeland.

From July 1, 2011 in Germany, the “probationary period for fidelity to husband” was increased from 2 to 3 years. In practice, this means that the foreign spouse, in the event of termination of family relations during the period of separation, according to par. 31 of the Law on the Residence of Foreigners in Germany (Aufenthaltsgesetz), acquires an independent right (Eigenständiges Aufenthaltsrecht der Ehegatten) to annually extend the residence permit only after 3 years of marriage.

Only those foreign wives, non-citizens of the European Union, who lived together for at least 2 years of marriage in Germany before July 1, 2011, are subject to the previous rule - an independent right to obtain a residence permit for 1 year after 2 years of marriage in Germany in the case termination of family relationships.

Even if there are confirmed facts about moral and physical violence on the part of the husband - a recipient of social benefits, a foreign wife living separately from him in the Women's Shelter (Frauenhaus) or with friends may be denied an independent extension of the residence permit if less than 3 years have passed at the time termination of cohabitation.

It is possible for a foreign spouse to independently obtain permanent residence after 3 years of continuous marriage during a period of separation, but she must have a full-time job or her own income-generating business.

If your spouse works and you live with him in the same apartment (house) as a single family, then the foreign wife can either be a housewife or only earn extra money for a basic salary (450 euros). This does not matter for you to obtain permanent residence. The main thing is that your husband (whether he is a German citizen or not) works full time, has housing that meets the standards for the whole family, does not violate the laws of Germany, and you have a certificate of successful completion of integration courses at least level B1. Yes, if your spouse is a citizen of another state, then he must already have permanent residence, only then after 3 years of marriage you have the right to receive the status of unlimited (permanent) residence (Niederlassung). It will take another 1.5-2 years to obtain citizenship in Germany:

You will first need to successfully pass a test in German, that is, answer correctly at least 60% of the total number of questions of a very different nature: about the political and social structure, geography and history of this country (Einbuergerungstest): http://www.einbuergerungstest- online.eu ;

Then, in Germany, foreign spouses must renounce their previous citizenship (this will take another 6 months or 1 year);

  • in Finland - after 4 years you can already apply for citizenship. To do this, you need to successfully pass the exam at the intermediate level of the language, the courses are free, the exam costs 100 euros. If there are no fines and there is work, then a decision on citizenship is made within 6 months. If there were fines and all the information was not provided, you will have to wait one or two years;
  • in Switzerland - after 5 years you can apply for permanent residence or an application for Swiss citizenship (simplified version). You do not need to take a language test, but you may be invited to an interview with the migration service.

All these rules apply only to foreign wives whose husbands are citizens of one of the above countries. And foreign spouses of resident foreigners will be able to obtain a permanent residence permit only after the period established for obtaining permanent residence by foreign citizens, usually this is possible after 5 years.

______________________________

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Bad thoughts attacked me... I probably didn’t pray enough. We need to drive them out. As soon as bad thoughts begin, if there is only one, start praying, and if there are more than one, take some serious book or start some business.

It's time to discard frivolity, we must take everything seriously.

Put a strict order in everything: at such and such a time - to study, at such and such a time - to read, etc. If you need to go somewhere, why not go, read - why not read, and so that there is order in everything.

Father found something necessary and necessary in this. Living in a family, although no one interfered with me in anything, I did not know how to fit myself into some kind of framework, I did not know how to establish this order. Oncoming obstacles forced me to retreat, and most importantly, I myself did not see anything necessary in this establishment of order, at the same time I wanted the priest himself to give me something to do, so that I could carry out some (external) “feat”, and asked the priest about it. At first he didn’t answer anything, and when he asked if I had established order in my life, I answered that it wasn’t working out. He listened silently, never reproached, and when asked to give me a “feat,” he affectionately remarked: “Well, I’m telling you - establish order, but you keep telling me that I can’t.” Only then did my eyes open, and I saw in my easy attitude towards this word of the priest disobedience, frivolity; I did not attach much importance to the simple and, it seemed, casually said, “strange” requirement for order. He, it turns out, looked at this as a kind of feat for my character. And then again the priest reminded me about this very seriously. “Be sure to establish order... Otherwise, I used to always receive everyone, but now they forced me to reduce the reception, so I see for myself how much I have done.”

“We need to reassure mom, not bring anything to her attention.” Respect for her is the first duty. And be sure to check yourself every evening. Well, if you fail, then put three bows to the Mother of God and ask Her for forgiveness.

Drive away bad thoughts by reading; physical labor is needed here. Imagine yourself on Golgotha, here is the cross in front of you (the priest extended his arms to the sides) ... blood is flowing ... Speak with your thoughts: your spiritual father, they say, did not tell me to listen to you.

– I see a lot of nasty things in myself.
“But life is given to us for this purpose, to get all this out of ourselves.”
– It seems that God’s mercy will soon end...
– God’s mercy is indescribable.
- Father, I wanted not to take communion today.
- Why, did you confess?
- Yes, I’m very bad...
- Well, it's none of your business...
- Father, I want to be meek and humble.
- Who doesn’t tell you?..
- Father, can I not take communion today?
- Why?
- So, the heart is very unclean.
- When will it be clean for you?
- I had a bad dream...
- This happens from excess in food, from empty talk; and since this always happens to you, then you always wait for it... When you wake up, get up right away, don’t cover yourself with the blanket. What you undertake must be done at all costs.

– How to stick to the golden mean, so as not to be gloomy and overly cheerful?
– When you see that a person around you is despondent, you come, for example, to ... you see that she is hanging her nose (the priest lightly hit me on the nose with his finger), then you need to pull yourself together, be cheerful, encourage the other, and if everything goes smoothly , then we need to talk about serious things, and not chat; generally care about the benefit of others and do everything for the benefit of others; and not only arrange deeds this way, but also words; if, for example, you see what everyone is saying, well, come on, they say, I’ll say, but what is this?.. Before you say, you need to think, you can remember Christ, how He would act here, and then, how your conscience says , do and say so; this will be the golden mean.

During Easter week there is no need to read the Psalms, and instead of evening and morning prayers there are hours. “When should we finish reading the Psalms?” The priest hesitantly remarked with a smile: “It seems that the Psalter ends on Wednesday...” (An expert in the charter; the priest’s humility was so great.)

Everything should be in order, and there should be a certain time for eating, and if you came late and you want to eat, then, of course, you can, eat as much as you need. In general, to have order.

A person who truly loves forgets himself completely, forgets that he exists, he thinks only about how to save someone else. We must try not only with actions, but even with words not to seduce another.

If you please, if you please, go to church.

(The fact that there is no time for reading.) “Well, it’s you who says something... but I charge you with the duty of reading...”

You can take communion every week, just abstain from the main sin.

You know your duty, and you need to fulfill it calmly and firmly. You need to read the Jesus Prayer. Just as a person always thinks about his favorite object, so he should think about the Lord and carry Him in his heart.

– How to acquire love for God?
– We need to remember more often what the Lord has done for us and what He is doing. Everything, even everyday affairs, must be sanctified by Christ, and for this the “Jesus Prayer.” How good and joyful it is when the sun is shining, just as good and joyful it will be in our souls when the Lord sanctifies everything in our hearts.

It’s often good and you feel like you’re going straight, then suddenly that mood disappears, and you just can’t get there.
- Well, okay, okay... that means you’ll sleep well to this.

By the concept of “falling asleep,” the priest always meant the loss of sobriety and spiritual alertness over oneself.

Somehow, during the all-night vigil, a storm of all kinds of the most opposite thoughts and feelings agitated my entire being; I approach the festive icon (behind the canon). The priest anoints him with oil, peers and in a whisper, hesitantly asks: “Are you sleeping, are you not?”

We must remember that if the Lord is always looking at me, because He knows everything, then how can I act against Him.

Sometimes you long with all your soul for union with the Lord in the sacrament of Holy Communion, but the thought that you recently received communion stops you...
– This means that the Lord touches the heart, so all these arguments are no longer appropriate.

I think we need to establish a routine for life: it is recommended to sleep seven hours a day (I slept no more than five or six hours), well, if you get up at seven o’clock, then count back seven hours and go to bed that way; otherwise it affects health. Later I noticed that all the ascetics, from ancient to modern, and all monasteries followed a strict, once established order of life.
– It is difficult to live without sin when there are such deprivations in life (there was a hunger strike).
- Well, why, don’t sin...
- I’m depressed, father.
– There is no need to be discouraged, remember, as they say: “my spirit is sad within me,” and then “let me remember the days of old, let me learn...”. So you remember everything and be comforted.
That you think a lot about yourself, you are proud; But you know, whoever thinks a lot about himself means he doesn’t live well... And you love yourself, so love yourself as you should.

Jealousy came to me to learn the “Jesus Prayer” and asked the priest to teach me.
– “The Jesus Prayer” is a serious matter, more often you need to think about who Jesus is for me.

If someone speaks badly about others, and even in church, you just need to answer that I myself am a sinner, why should I look at others. We don't go to church to talk.

Jealousy to learn the “Jesus Prayer” burned me.

– The “Jesus Prayer” is a serious matter. You must constantly have the Lord before you, as if you were in front of some important person, and be, as it were, in constant conversation with Him. At this point you will be in an elevated state.
You need to be more moderate in your food.
What can you and I be proud of?.. Sins?..

Parents, if they have any shortcomings, should be treated more leniently.
- Father, it happens that you oversleep in the morning, but when you get up, you quickly run to mass, and no longer pray at home...
“Well, if that’s the case, you can pray in church, but there must be order in everything.”

If anyone in the church talks or asks about anything, tell me and don’t answer.

You should definitely pray morning and evening.

Before reading the Gospel, cross yourself and say: “Lord, give me reason, let me understand what is here”; and after this it happens that you accidentally find some kind of insight and you begin to understand the meaning of this or that; and then you need to take and write down these thoughts.

Establish order in everything... Be good to your mother, don’t quarrel with your sisters, don’t offend your aunt. Well, that’s what you’ll have for now, and then we’ll take something else.

So that you have order in everything... I had one German here, and the Germans know what order is in everything, so he told me: he had guests there... and he had such an order: like ten o’clock, so that everything were in place. Now it’s time to go to bed, he announces that in ten minutes the fire will be put out. But everyone thought he was joking, no one paid attention to it. Suddenly, they look - it’s dark... And I ask him: “What about the guests?” “Whatever they want,” he says, “if they are so disorderly.” Even though he is German, there is a lot to learn from him.

Ekaterina Shestakova, candidate of legal sciences, Moscow.

The work of any lawyer in an organization or manufacturing enterprise begins with debugging the contractual work system. Fundamental points in this activity are accounting and control. Without exaggeration, we can say that properly structured control over contractual work is the key to the company’s success.

Tasks, types of control

Why do we need control over contractual work in an organization? First of all, it allows you to solve the following problems:

  • timely conclusion of contracts;
  • obtaining the necessary approvals from interested departments and officials;
  • timely and proper fulfillment of the terms of the contract;
  • control over payments under contracts and financial flows;
  • minimizing risks associated with possible penalties;
  • implementation of accounting and archival functions;
  • possibility of reducing accounts receivable.

We will consider the types of control of contract work in Table 1.

Table 1

Type of controlDescription of features
Contract control
new work and
execution
obligations
- preparation of technical specifications, participation in competitions
- drawing up standard contracts;
- endorsement and signing of contracts;
- conclusion of additional agreements, extension
contracts or their termination;
- return of the signed material(s) of the agreement(s);
- availability of primary documents (invoices, acts,
invoices);
- claims and litigation work
Time control- pre-contract work;
- checking the integrity of the counterparty;
- endorsement of the contract;
- implementation of stages of work (services);
- payment;
- provision of primary documents to the counterparty;
- expiration of the period of claim activity
Payment control- transfer of funds to the counterparty;
- counting the deadlines for fulfilling obligations depending on
from receiving advance payments;
- informing about exceeding the permissible debt
under long-term contracts;
Documentary
control
- end-to-end accounting of contracts, as well as accompanying
documents, primary documents that can
used by both internal users and
external, such as the tax authority or counterparties;
- determination of the place and conditions for storing originals
documents;
- the procedure for providing documents (including
constituting a trade secret) for use in
work
Settlement
disagreements
It is very important to resolve disagreements pre-trial and
judicial procedure, this part of the control controversy
will prevent the expiration of claims
statute of limitations, as well as timely compensation for losses
and collect penalties and fines
Internal local acts

The main task of internal local acts is to clearly regulate control over contractual work and determine the algorithm of employee actions. Local regulations related to the control of contract work can be both complex in nature (for example, regulations on the conduct of contract work, instructions on the procedure for conducting contract work) and regulate only part of the process (for example, instructions on the procedure for filing claims and lawsuits for non-fulfillment obligations). Forms (blanks) of contractual documentation may be developed as appendices to local regulations.

It is very important to establish in a local act the procedure for accounting for concluded contracts. Such accounting can be carried out in the form of an electronic database or journal. The journal contains sections that indicate, for example, details of the counterparty, numbers and dates of contracts, specifications, work orders, orders, volume of products to be supplied and delivery dates, name of shipped products and date of shipment, numbers of transport documents, payment requests and others intelligence. Information about improper performance of contractual obligations by counterparties, as well as claims work may also be reflected here.

The local act regulating contractual work is approved by order of the executive body and brought to the attention of all interested employees of the company. Here are examples of the structure of the contractual work provisions of some companies.

Example 1.

  • General provisions. Purpose and scope.
  • Working with a draft contract.
  • Conclusion of an agreement.
  • The procedure for endorsement of a draft agreement.
  • Drawing up a protocol of disagreements, a protocol of reconciliation of disagreements.
  • Amendment, addition and termination of the contract.
  • Registration of contracts and depositing them.
  • Accounting of contracts and their storage.
  • Monitoring compliance with the terms of the contract.
  • Example 2.

  • General provisions.
  • Initiation of the conclusion of an agreement.
  • Preparation of a draft agreement or protocol of disagreements.
  • The procedure for approval of the draft agreement by structural divisions.
  • Conclusion and registration of the agreement.
  • Change (termination) of the contract.
  • Execution of the contract. Monitoring the execution of the contract.
  • Accounting and storage of contracts.
  • The following are used as applications to the position:

  • list of information about the potential counterparty;
  • approval sheet for the draft agreement;
  • Interaction of structural units in the conduct of contract work.
  • Who's responsible?

    An important point in organizing contractual work is the identification of responsible persons. Control functions can be assigned either to a specific employee (legal adviser) or to one or more departments. Moreover, the unit that carries out the control function can be either the unit that initiated the conclusion of the contract or, for example, a legal unit. If the control functions are separated, then the responsible executive is responsible for agreeing on the contract and fulfilling contractual obligations, the legal department is responsible for preparing the text of the contract and claims work, and the accounting department is responsible for the availability of primary documents. However, in this case it is necessary to clearly separate the responsibilities of each structural unit.

    Control functions are also enshrined in the regulations on contractual work. Let's consider how this function can be formulated in position.

    Thus, after registering the contract, the executing unit produces the required number of copies of the contract and transfers them to the structural units involved in the execution or control of the fulfillment of contractual obligations. The executing unit maintains operational and consolidated records of the fulfillment of contractual obligations, as well as monitoring their implementation.

    Execution control involves carrying out such activities as:

  • checking the quality and timeliness of the parties’ fulfillment of obligations under the contract, including monitoring the timely execution of settlements and the provision of relevant documents to the accounting service to reflect transactions in accounting;
  • checking the terms of the contract if it is necessary to carry out the procedure for changing the terms of the contract;
  • drafting letters, notifications, additional agreements and other documents to the contract;
  • carrying out the actions necessary to formalize relations under the contract, such as acceptance of what has been performed under the contract, drawing up acts, issuing and receiving invoices, etc.;
  • timely informing and transfer in case of violation by counterparties of the terms of the contract of necessary documents to the legal department, security department and other interested departments in order to take the necessary measures.
  • The head of the performing unit is responsible for timely and proper accounting of the fulfillment of obligations under the contract.

    The accounting service, legal department and security department have the right to independently carry out random checks of the results of execution of contracts. When conducting these inspections, the performing unit is obliged to provide all necessary documents confirming the completion of work, other additional materials and explanations.

    Checking financial flows and payments

    Checking financial flows and payments is an extremely important task, since in the absence of control the following negative consequences are possible:

    • growth of receivables and payables;
    • financial instability of the company and possible bankruptcy;
    • risks of litigation;
    • payment of penalties.

    At the same time, it is very important to optimize work with accounts payable. In order to optimize the use of funds that make up accounts payable, without increasing the terms of its repayment, it is necessary to thoroughly study the existing payment procedure in the company, carefully reviewing the terms of the contracts, checking the correctness of entering payment details into the computer systems of the company's financial department and comparing the terms of weekly payments with the terms contracts to avoid early payment.

    It is very important to install:

    • terms and dates of payment under the contract;
    • dates of late payments and possible penalties;
    • the amount of penalties in case of late payments.

    For example, a construction company did not receive funds for the general contract work performed. Payment under the agreement was to be made on May 26, 2010. The amount of payment under the contract was 3,130,000 rubles. However, the customer refused to make payment. The general contractor decided to go to court to recover damages. Penalties are calculated at the refinancing rate (Table 2).

    table 2

    PeriodNumber of daysBid
    refinancing
    nia
    Amount (rub.)
    26.05.2010 31.05.2010 6 8 4116,16
    01.06.2010 27.02.2011 272 7,75 180768,22
    28.02.2011 02.05.2011 64 8 43905,75
    03.05.2011 25.12.2011 237 8,25 167669,38
    26.12.2011 31.12.2011 6 8 4116,16
    01.01.2012 01.06.2012 152 8 103991,26
    Total 504566,94

    Please note that it is better to assign the responsibility for calculating penalties to the accounting or planning service.

    Checking the execution of the contract as a whole

    When checking the execution of a contract, it is important to control not only each stage of the contract execution, but also the procedure for approval, development of documents, payment and claims work. So, if an agreement takes months to be negotiated in structural divisions, then the counterparty may simply refuse to conclude the agreement. Therefore, some companies approve action plans for each contract, which is filled out by the responsible executive (Table 3).

    Table 3

    N p/pEventResponsible executorPlanned
    date
    Actual
    date
    execution
    1 Preparing the package
    documents and
    draft agreement
    Head of the Directorate for
    project management -
    A.A. Ivanov
    12.04.12 12.04.12
    2 Coordination
    draft agreement
    Head of the Directorate for
    project management -
    A.A. Ivanov
    15.04.12 18.04.12
    3 Direction
    to the counterparty
    protocol
    disagreements
    Head of legal
    department - A.A. Sidorova
    18.04.12 18.04.12
    4 Signing
    agreement
    CEO -
    A.K. Zinoviev
    20.04.12 22.04.12
    5 Control for
    execution
    agreement
    (technical
    service
    office building)
    Head of the Directorate for
    project management -
    A.A. Ivanov
    01.05.12 31.12.12
    6 Providing
    primary
    documents and payment
    services under contract
    Chief Accountant -
    A.S. Spiridonova
    01.05.12 31.12.12

    It is very important when monitoring to determine clear dates, as well as responsible persons. In the absence of a specific responsible person, contractual work will suffer.

    Claim and judicial components of control

    Claims work is a very important component of control of contract work, since it allows you to correct deficiencies in work and services, and eliminate losses in work.

    It is very important to define the procedure for claims handling in contracts. Let us explain why. For example, under contract agreements in accordance with paragraph 1 of Art. 720 of the Civil Code of the Russian Federation, the customer is obliged, within the time frame and in the manner prescribed by the contract, with the participation of the contractor, to inspect and accept the work performed (its result), and if deviations from the contract are discovered that worsen the result of the work, or other shortcomings in the work, immediately report this to the contractor. However, it is not clear within what period the statement must be made for the court to recognize it as immediate. A customer who fails to make claims to the contractor regarding the quality of work within a reasonable period of time after identifying deficiencies loses the right to demand compensation for damages. This conclusion is confirmed by judicial practice (Determination of the Supreme Arbitration Court of the Russian Federation dated March 13, 2009 N 2104/09).

    If the company does not use the claim procedure, then its claims may be denied in court.

    If the company missed the statute of limitations, it will also have to be restored in court.

    However, if the receivables deadline has passed, they can be written off. Expenses in the form of receivables for which the statute of limitations has expired or for which the obligation has been terminated in accordance with civil law are taken into account as part of non-operating expenses on the last day of the reporting period when such an event occurred. As for the expiration of the limitation period, in order to account for an expense for tax purposes, you do not need to have confirmation that the creditor took measures to collect the debt (for example, wrote a claim, filed a statement of claim in court), since the expiration of the limitation period is an independent basis for writing off debt. In such situations, judges make decisions in favor of taxpayers (Resolutions of the Federal Antimonopoly Service of the Moscow Region dated 02.02.2009 N KA-A40/13269-08-P-2, FAS UO dated 10.21.2008 N F09-7654/08-S3, FAS North Kazakhstan region dated 28.02. 2007 N F08-731/2007-288A, etc.).

    As a rule, the procedure for conducting claims and lawsuits is also reflected in the company’s local act. Let us give a specific example of wording based on the procedure for drawing up claim documents at JSC Russian Railways (Order of JSC Russian Railways dated 04.08.2006 N 205).

    The preparation and execution of claim documents are carried out by the structural divisions of the branches of JSC Russian Railways, which are the recipients of the goods (hereinafter referred to as the recipients).

    If a discrepancy between the received goods (cargo) and the data specified in the shipping documents regarding nomenclature, quantity and quality is detected, the recipients, in order to comply with contractual obligations for acceptance of the goods, send a request to Roszheldorsnab for a copy of the supply agreement for this product. Roszheldorsnab sends a copy of the relevant supply agreement to the recipient by fax...

    The basis for filing a claim with the supplier (sender) is the act.

    To formalize the acceptance of goods that have a quantitative and qualitative discrepancy, as well as a discrepancy in assortment with the data of shipping documents or that do not have shipping documents, an act on acceptance of materials or an act on acceptance of fuel and petroleum products is used.

    Please note that the company’s legal department is often responsible for handling claims. In this case, interaction with accounting is very important.

    Learning from mistakes

    What are the main mistakes companies make when monitoring contract work? The most common mistake is the absence of any control over contractual work or weakened control. Control cannot be carried out, for example, by lawyers or accountants independently without regulatory regulation.

    Another mistake is underestimating internal and external risks. Internal risks include dishonesty of the contract executor and abuse of his official position, and external risks include dishonesty of the counterparty. Therefore, it is very important at the pre-contractual stage to check the counterparty, as well as the powers of the persons signing contracts and accompanying documents. It is also important to monitor the activities of the contract executor to eliminate the possibility of abuse of official position. If the contract includes several stages, then it is necessary to track the timing and payment for each stage. Monitoring claims work is no less important, since if it is not carried out, the company may lose significant funds.

    In conclusion, it should be noted that, despite the fact that each company independently controls contract work, the general recommendations given in the article can be useful for all companies. After all, there are no companies that do not have counterparties that need to be checked, there are no companies that do not have to control payments and deadlines, and there are also very few companies and individual entrepreneurs that do not conduct claims work.

    Order is when you know where you can go and not try to interfere.
    German folk saying.

    There are such myths about the Germans that they have perfect order in everything everywhere. And they have a famous phrase: “Ordnung muss sein!” (“There must be order!”). Then some come to live in Germany and are surprised: how can this be! In many ways they are such a mess! Where is Ordnung? And then they enter the next phase (when they complain about the mess, and experienced residents with many years of experience begin to give advice on how to deal with the local system). It turns out there is an ordnung. And there is a mess. But the German mess is such a very specific mess. This is not just like that - the German mess is subject to a number of fairly strict rules, there is logic in everything, and where there is no logic, there is a system. You just need to be able to handle the German mess: the rules of the mess also need to be studied carefully! :-)

    Rule one: whoever needs it, runs. If they need something from you, they will fuck you up and torture you, like Pol Pot Compuccia. If you need it, learn to do the same with them.

    Here's an example: I came a month ago conjuncte to live in Berlin. He is now going through the entire bureaucratic machine - you can enjoy everything at once: here you have a new job, a contract, taxes, an apartment, insurance, everything, everything. At first everything was so wonderful: wherever you go, everything works, everyone explains what needs to be carried where, what to submit, where to call, where to sign, and everything is quickly processed and sent where needed. etc. Then suddenly there was a stupor. At work they wrote down the tax class incorrectly, the tax office said that you need to get a piece of paper from them so that it is rewritten in the correct way, and as soon as they do this (but not before) the salary will increase by three hundred. And suddenly there was silence: nothing was happening. You need to go to a certain lady in the HR department and tell her to do it. Said. She didn't. And the tax office won’t tell her what to do?
    No, he won’t tell, the employee himself must go and ask. Well, okay - I went and asked - she didn’t do it. I went and asked for a second time, and I did it. Why did everything suddenly stop happening on its own? Yes, because it's a phase. where someone was entitled to something from Dima - it passed. Now the employer is calm, everything is formalized. The tax office is also calm - everything is formalized. And from which pocket these 300 euros will migrate to which one is only important to Dima. So let him run. Why didn’t the girl in the HR department do it? Yes she will! It must, and it will do it. But she has 30 of these Dim, and she sets priorities according to a simple principle: Whoever has the brightest written on his face “I will look here every three days until you do it” is more important. In the end, she will probably redo everything almost on time. And for some she will do it at the last minute.

    You will laugh: she will not leave anyone without this paper. She will do them all at some last date! But... if she is very busy, the last ones who did not come to her from the very beginning are draining their brains, she will do everything exactly at the last deadline. Like: today I received it on Thursday, tomorrow is Friday the last day to take it to the tax office, from Monday it’s already a new quarter, and you can’t get back the missed past so many euros. (Or you will return it, but you have to write a protest and more fuss will be added). Those. a person himself chooses6 to take care and shock everyone in time, and rejoice on the last Friday of the quarter. that he has everything ready. Or on the last day, run to do everything.
    Moreover, if this is some kind of trivial matter that a stable percentage of the population does on the last day, everything is settled there too: they will let you go from work, and there will be a special aunt in the tax office, only for this issue, but just there on this day there will be a particularly long line (and who is to blame?).

    If you live in Germany for some 20 years, you will know exactly what things are better to do right away, so as not to do them like this later. They will be done one way or another, but they can be done with stress and unnecessary fuss, like beginners, or calmly and on time, with minimal losses - like an old, experienced wolf.

    Rule two: You just don’t know about some things, that it’s not a mess, it’s a feature.

    There are things that look like a mess, but this is actually order. For example, if someone receives some kind of social assistance, or some other assistance from the state (especially for all sorts of very trivial things that crowds of newly arrived foreigners receive), the German organization will demand EVERYTHING from you every single time a set of all sorts of papers. All sorts of strange things, like a work history, bank statements, bills for electricity, gas, papers about part-time jobs... They will ask for 25 copies. And after 3 months, when payments need to be extended again, a letter arrives: “Bring copies of such and such documents.” And everyone howls: “Damn it, where are you putting them? Well, I’m definitely bringing them to the same aunt for the tenth time, why does it have to happen again every month?!” But in fact, this is all because there are a lot of cunning people who begin to correct something in such papers. There they have an extra hundred euros in earnings, here they have an extra month of something unfinished. When they are asked to do this for the first time, they are often struck by an incredibly powerful thought: “But this is how I can forge this paper!” And all sorts of corrections of numbers and figures in copies begin - in banking, etc. Or they manage to ask someone for some fake paper about a fee or about a part-time job. And then a month later - let's do it all over again! Many things that you managed to get somewhere once, you can’t get again once a month, or once every three months. Or people paste something, falsify it, hand it in - and don’t think about the fact that in a month they will be asked to hand in the same thing again. And after some time they get the feeling that no one reads anything there at all, what papers are not kept (otherwise why would they be asked to submit them again every time?!), and they are in their corrections and forgeries, and breeding fake papers, begin to show negligence.

    And then they are called, and they say: “Sooooo...” and they take out from the shelf ALL copies of EVERYTHING for the last 150 years, and there is the same paper - and twisted this way and that 20 times. And the number no longer matches (so which is the correct one, and why was it suddenly different that time on the same paper?!), and for some reason something is written on the copies of the same document in a different font, it’s awkward.

    And then a scaramental phrase is uttered: “You probably think that we are such fools here, right? Or that we are such a mess that we just don’t remember or see anything!”

    True, there is still a feeling of shit. If you are an honest person, you really stupidly bring the same paper every time, and no one reacts to it in any way, because it is real and genuine. And therefore, you don’t see any signs that they have preserved the other two million versions - you just stupidly wear the same thing for the thousand-millionth time. You can't think about it, and you can't be nervous. You just have to carry it and send it, they said, send it. And sometimes it really seems like it’s diving somewhere there forever, and after a month they’ve lost everything about you again, so they ask.

    Rule three: you can get out of all problems through 33 loopholes. But the right to use loopholes is immediately lost if you decide to ignore the problem.

    In Germany, many bureaucratic letters are written in such a way that when you read them, your legs give way under you. On the second line it already seems that that’s it - now you will be put in prison, deprived of everything, or at least executed in the square. But you have to read it carefully. All these letters, which begin with texts like: “You didn’t do this and that, so a terrible punishment awaits you,” end (after 3 pages) with the phrase that you only have 7 last chances left. First, you will receive three more recent Chinese warnings, then you will be able to write three refutations and three protests, and then, if you turn out to be wrong, you will still have the opportunity to solve the problem in three ways: piecemeal, in a roundabout way, and over the head. And for each of these stages you have a period from 2 weeks to 2 years. But!

    The worst thing you can do is not react to something like this. All these last-to-last chances remain yours only on the condition that you strictly follow the order of (in)actions. If you can’t pay, write that you can’t pay. If you can’t bring the paper you need, write (or call) and say that you’re so sorry, all the conditions are stacked against you, everything didn’t arrive on time, and you have no chance of getting the paper you need on time. But do it. Go around to everyone, so that at some point ALL the women in the right office know - oh, this one has already called, YES, we know that he will be late by a week, he asked for a deferment, everyone knows. Then you will get a second paper, but you will miss the third, then they will promise you a fourth in 3 to 9 months. But you will already be written down in everyone’s folder “this one is trying, he’s just having some difficulties.” If you start a fairly violent activity at the beginning, it will go peacefully, and will soon get bogged down in structures where the promised execution comes with a month, and sometimes a year, delay. There again reigns the necessary degree of chaos, thanks to which you will be forgotten for a while. And this time will continue to lengthen. But the main thing is to get out of the line of fire, where they shoot with hatred, without understanding, and with particular cruelty: into the ranks of those who do not bother to respond to the first warnings at all! These are bastards who sleep peacefully and do not realize the gravity of the situation! They immediately demonstrate that they don't care, they can't solve the problem, and they're not going to. What about running? Are you afraid to send 20 papers? Should we interview everyone, find out all the options, how to fix it? Well, now we have you! As soon as we unscrew the meter and take it out of the house (or we close the account, or we don’t send the money), you will learn to respond and react. Dysh-dish.

    The main rule: In Germany it is very useful to know what you are entitled to.

    You are entitled to an incredible amount of everything. Everything can be cheaper, simpler, longer. Everything can be abandoned a hundred times over, everything can be reissued, everything can be sent, delivered, done without that last piece of paper. But everywhere there are people who “test clients for lice” and simply snatch something (what if he doesn’t understand his rights for two months, and manages to pay twice - and that’s money). Or, if this is not so important and does not bode well for those who created difficulties or extra expenses, they are simply negligent. If you ask, I will give it. If you don’t ask, they will give it later, or when you ask. The Germans are generally virtuosos at controlled negligence. They clearly maintain a balance between what can be pushed aside and what cannot.

    Learn the phrases “I paid for it” and “I’m entitled to it.” Often you want something - no, today it won’t work out.
    - But I’m supposed to!
    - Oh yes? Okay, here you go. It's supposed to be that way.
    - But I’m supposed to do it now, not next time! Yes?
    - Okay, get it now.

    The Nemectian plumber (loader, electrician, housemaster) will arrive exactly at seven in the morning, as agreed. He will work exactly for the hour agreed upon. He will do what was agreed upon. Just negotiate carefully - nothing has been agreed upon. that won't happen. Or it won’t be on the favorable terms that we managed to agree on for the rest.

    And be careful with any nice phrases said out of politeness. He's calling:
    - Oh, sorry, I'm 15 minutes late! I’m stuck in a traffic jam, everything in the previous order was stretched out!
    Tell him:
    - Oh well, I’m not going anywhere anyway, there’s no light - and he’ll suddenly be an hour late. Because in the next order, someone is yelling into the phone: “Because of you, I took two whole hours free, I’m now going to miss a deal of two million and you will be responsible for it!” and they rush there. And if you say: “Oooh, listen, let’s hurry up, I have work, I’ve worked so hard to free up this hour for you, it will be so difficult to re-negotiate later - if you screw this up for me, you won’t be paid anything for it, and In general, I will complain to your superiors, because I asked in advance for this meeting to be carried out accurately and without delay." Suddenly... and he got away with it, then got through the traffic jam, and galloped up, almost on time, and he was in a hurry and managed to do everything, just 5 minutes later than he had planned. You need to kick, or at least show that you are one of those bores who wants to get exactly what you are entitled to, and you will not agree to anything less. You will humbly be added to the list of those who need to give 100%. And they will grab some percentage of their “hack work” elsewhere.

    The last rule: pretend that you respect the Ordnung, and the Ordnung will not bite you.

    Or, as the Germans themselves say, “a ceremonial example.” Freelancer and tax. To become a freelancer, you need to write to the tax office that you want to be a freelancer, and that you want to receive separate fees for your work, or sell some of your own things, and receive separate fees for it. After this, you will receive a letter saying “you are now registered with us with such and such a number, please indicate it with each declaration.” What will happen next? After some time (in a year, the tax office will send a letter, they say, let’s freelance, I’ll file my tax return. And the freelancer, for example, didn’t earn anything - it didn’t work out for him. (Let’s say this is a housewife or a student who opened an online shop , and then the matter died down, or she didn’t have time to start selling anything). we didn’t receive any answers here, so we figured out how much you could earn from your declared activities. We decided that you earned five thousand, so pay us a couple of hundred in tax. And if you don’t agree, now is your last chance to send us your real declaration. - in a week!!!

    This is not how you should do it. You need to sit down and fill out all the paperwork. Write zero everywhere. (I'm serious.) Earned zero, sold - zero, made - zero, this zero, this zero. Place this zero honestly everywhere, sign and send. They will sigh, file their papers and leave. They'll write again in a year. If you write zero-zero-zero everywhere again, next time they’ll ask in two. Or they’ll ask in a year, but start threatening you in two. The longer you honestly fill out what you can, demonstrating a willingness to cooperate (even if there is a complete lack of success), the more their rage gives way to sympathy and shaking their heads: this is a useless element, but neat, he tries.

    You can’t do anything, and you have to evade everything together. According to general rules, and in the right words. The right words are when, firstly, you know well what is due to you and what is not due to you, and with a smart look you say it wherever someone is trying to trample on your rights. And on the other hand - where you owe someone - portray a passionate desire to give everyone everything in the best possible way and on time. I just don’t sleep at night, thinking about how to do everything in the best possible way. But I went around everyone, asked everyone, it didn’t work out like that - give me a reprieve, please. And then we made a circle: “I heard that if a person tried very hard, and he has an extreme case, then as a last resort he is entitled to ... a deferment or some kind of roundabout option!”
    And then they will throw out the last exception that you are entitled to. But it is only due to those who, up to this point, honestly tried to do everything according to the rules. And arrogant slobs who think that they can simply bypass the system - they are entitled to nothing but trouble.

    As a result, in Germany you can find a huge scope for imagination, where you can simplify your life and get comfortable. If you really study well who is entitled to what, and send exactly on time and to the right authority what will lull your vigilance and formally fulfill all the conditions, you can achieve a lot for yourself. (And you can also get away with a lot, if you do it correctly.) Especially freelancers, small entrepreneurs, and other people living on complex social means can twist a lot for themselves. But just don’t try to simply deceive someone, steal here, hide here, or, God forbid, offer a bribe or anything else. (What visitors like to try on the fly. :-))
    No, this will immediately end very badly - they will be punished, taken away and slapped on the wrist. You have to twist everything everywhere, beg, formalize, bring, do, fulfill all the conditions, and then find out what else you are entitled to under some additional point of the thirtieth paragraph, and under what conditions you can not pay for three years, etc. d.

    Millions of people don’t get a lot of things in Germany, although they could. Simply because they didn’t go and take it. But to take it, you need a stamp there, and a piece of paper here, and they won’t chase you with it. But if you ask, they will give it. It was started for them, and they even advertise it somewhere - but without fanaticism. You have to find out about many things yourself, what are the benefits and

    For example, there is a Berlin pass in Berlin. Anyone who lives on social assistance or unemployment benefits receives it. But 80% do not know that (only because they already have this card in their hands) hundreds (!) of places have free or greatly reduced entry. Museums, courses, holidays, theater, concerts. Now on the Senate page there are more than 300 events that you could go to for free or almost free with this card. Where they were given this card, by the way, there are brochures calling a hundred times to use all this. But, if you don’t read the brochure and ask for it yourself, no one will offer it, of course. You have to look everywhere yourself: does this theater (course, swimming pool, attraction) have a special price or free entry for holders of this card?

    If something is mysterious, then there is simply a rule for it that you don’t know yet. And someone has already learned all the rules, and his strange dance is simply walking along the path of least resistance.

    In fact, there are many examples, and I could write here endlessly. Recently, in the comments, they asked why in many cities everything is closed after 6 pm, and whether it is possible to somehow bypass all the laws and open a store that will be open later. For an outside observer, it all looks so absurd: that some kind of rule has been introduced. and poor entrepreneurs cry into their pillows, but are forced to close everything at six. In fact, open up as much as you like - just fulfill all the “buts” and move on. And if you take a closer look, it will immediately become clear that all the stores are closed for the simple reason that it is not profitable for them to be open. There is no demand, no one needs them in this place 24 hours a day. Needed for 6 hours. And they looked around, counted, and based on simple mathematics, they identified for themselves those 6 hours at which it makes the most sense to open. And if it is from 12 to 6, then they will all be open for this time, and then they will do other things. And the difficulties that must be overcome (not so great) in order to open for another 5 hours are simply not even close to being worth the candle.

    And this is how you can sort out any messy situation that many outside observers seem absurd in Germany.
    So - if anything else German seems inexplicable to you, you ask, and I will write a separate post about it. And if I myself remember a separate good example, I’ll also write it myself. :-)

    P.S. Reading your comments, I realized how deeply I was immersed in German reality, and “assimilated with the aksakals and saxauls” - about many things it doesn’t occur to me that this is interesting to some of you, or seems unusual. And then people write: “Write about this,” and I’m surprised. :-) so thank you for your curiosity. And ask if anything happens.

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