En
RuREGULATIONS
on the procedure for delivery of legal copies of electronic publications to the Federal State Budgetary Institution "B. N. Yeltsin Presidential Library"
1. General regulations
1.1. This Regulation establishes the procedure for delivery of the legal deposit (hereinafter referred to as the legal copies) of electronic publications to the Federal State Budgetary Institution “B. N. Yeltsin Presidential Library" (hereinafter referred to as the Presidential Library) in accordance with p. 3 of art. 13 of the Federal Law of December 29, 1994 № 77-FZ “On the Mandatory Deposit of Documents”
1.2. Legal copies of electronic publications issued after the entry into force of the Federal Law “On Amendments to the Federal Law “On Legal Deposit of Documents”” dated March 26, 2008 № 28-FZ are subject to delivery to the Presidential Library in the manner prescribed by these Regulations.
1.3. Electronic publications are documents in which information is available in electronic digital form and which have undergone editorial and publishing processing, have imprint information, are replicated and distributed on machine-readable media.
1.4. The following documents are subject to delivery to the Presidential Library:
‒ legal copies of all electronic publications without exception;
‒ combined documents, which include electronic publications;
‒ documents that simultaneously provide the characteristics of electronic publications and databases.
1.5. The following documents cannot be delivered to the Presidential Library:
- documents containing personal and (or) family secrets;
‒ documents containing state, official and (or) commercial secrets;
‒ archival documents (materials);
‒ documents created as a single item;
‒ electronic documents distributed exclusively using information and telecommunication networks;
‒ digital copies of previously published printed publications or original layouts of printed publications, recorded on machine-readable media and preserving the output information of printed publications;
‒ management and technical documentation (forms, operating instructions, blank products, albums of forms of accounting and reporting documentation).
1.6. Electronic publications are subject to delivery to the Presidential Library if they meet one or more of the following conditions, namely electronic publication:
‒ created on the territory of the Russian Federation;
‒ published on the territory of the Russian Federation;
‒ created by a citizen (citizens) of the Russian Federation;
‒ created by a legal entity registered in the Russian Federation.
1.7. Electronic publications that do not meet the conditions specified in clause 1.2 and clause 1.6 of these Regulations may be provided to the Presidential Library at the initiative of document producers or other copyright holders of electronic publications.
1.8. This Regulation does not apply to the legal relations of state and municipal authorities, libraries, museums and archival institutions with the Presidential Library, arising on issues of transfer of electronic publications from the holdings of the above organizations to the collections of the Presidential Library, except in cases where the above authorities and organizations are producers of the transferred Presidential Library of electronic publications.
2. DELIVERY OF A LEGAL COPY OF THE ELECTRONIC PUBLICATION
2.1. Document producers, within thirty days from the date of creation of the electronic publication, deliver one legal copy of the electronic publication to the Presidential Library.
2.2. The legal copy of the electronic publication is delivered by document producers by postal parcel or directly (by courier) to the Presidential Library at the address: 190098, St. Petersburg, Senate Square, 3.
2.3. The legal copy of the electronic publication is considered delivered on the day the Presidential Library receives the parcel in which it is located, or on the day the legal copy of the electronic publication is transferred directly by the document producer or his representative (courier) to the Presidential Library in the presence of a confirmation letter provided in the manner prescribed by p. 4.15 of these Regulations.
2.4. A legal copy of an electronic publication is delivered to the Presidential Library on a storage medium that corresponds to the accounting unit for electronic publications in the library collection established by clause 3.4.1. The procedure for recording documents included in the library collection, approved. By Order of the Ministry of Culture of the Russian Federation dated October 8, 2012 № 1077, i.e. on an optical disc.
2.5. An optical disc or several discs must be packaged in a plastic box, on which the following information about the electronic publication is applied: name of the electronic publication, name of the manufacturer of the electronic publication, date of creation of the electronic disk, version number, if available.
2.6. Document producers enclose with the optical disk a deposit slip for the legal deposit of the electronic publication (Form 1-BC) (hereinafter referred to as the delivery slip), signed by the manufacturer of the electronic publication.
3. ACCEPTANCE OF LEGAL COPIES OF ELECTRONIC PUBLICATIONS
3.1. Parcels with legal copies of electronic publications received by the Presidential Library are opened by employees of the document management service on the day of their receipt.
3.2. The contents of the parcel are checked visually by employees of the document management service for compliance with the requirements provided for in clauses 2.4–2.6 of these Regulations.
3.3. If there is no delivery slip in the parcel or there is no signature of the document manufacturer on the delivery slip, as well as the absence of an optical disk (even if there are other storage media), the parcel received at the Presidential Library is registered by the document management service staff with a note indicating that the contents of the parcel do not comply with the requirements provided for in p. 2.4–2.6 of these Regulations.
3.4. If a legal copy of an electronic publication is received in another form of postal correspondence, the contents are checked and registered in the general manner described above.
3.5. Registration of legal copies of electronic publications received by the Presidential Library is carried out by employees of the document management service by making a corresponding entry in the electronic document management system “1C: Document Management”, assigning a number and stamping the registration date. In this case, the corresponding registration stamp is affixed to the delivery sheet in the lower right corner of the front page, which indicates the number and date of registration.
3.6. When directly providing a legal copy of an electronic publication to the Presidential Library (by courier), the acceptance of disks and delivery slips from document producers or their representatives (couriers) is carried out by employees of the document management service on weekdays (Monday to Thursday from 09:00 to 12:00 and from 14:00 to 18:00; on Friday - from 09:00 to 12:00 and from 14:00 to 16:45) in the main hall of the Presidential Library at the address: 190098, St. Petersburg, Senate Square, 3.
3.7. An employee of the document management service performs a visual inspection of the presented legal deposit media of the electronic publication and the delivery sheet and, if they do not comply with the requirements provided for in clauses 2.4–2.6 of these Regulations, refuses to accept and register them.
3.8. At the request of the document manufacturer or his representative (courier), an employee of the document management service provides him with a Certificate of refusal to accept a legal copy of the electronic publication indicating the corresponding reason.
3.9. A legal copy of the electronic publication that meets the requirements stipulated in clauses 2.4–2.6 of these Regulations, received directly from the document producer or his representative (courier), is registered by an employee of the document management service in the manner prescribed by clause 3.5 of these Regulations.
In this case, a registration stamp is additionally affixed to a copy of the delivery slip, which is handed over to the document producer or his representative (courier).
4. ACCOUNTING OF LEGAL COPIES OF ELECTRONIC PUBLICATIONS
4.1. The registered delivery slip, together with the legal deposit media of the electronic publication, is transferred from the document management service to the department for storing the holdings on tangible media (responsible for office work) no later than the working day following the day of its receipt.
4.2. The transfer of a legal copy of an electronic publication is formalized by making an appropriate entry in the journal of the transfer of documents from unit to unit of the Presidential Library.
4.3. Employees of the department for storing the holdings on tangible media check the received legal copy of the electronic publication within 30 (thirty) calendar days.
4.4. During the inspection, if inconsistencies are identified in filling out the delivery sheet, as well as in the absence of a delivery sheet or optical disk, employees of the department for storing funds on tangible media contact the manufacturer of the electronic publication by phone, fax or e-mail indicated in the delivery sheet and find out the reasons for the problems that have arisen inconsistencies and ways to eliminate them.
4.5. At the request of the Presidential Library, the manufacturer of the electronic publication is obliged to take measures to eliminate inconsistencies and provide the delivery slip and/or the missing optical disc with a covering letter directly to the Presidential Library or send it by postal parcel no later than one month from the date of sending him the corresponding request by phone, fax or by email to the address indicated in the delivery slip.
4.6. The received cover letter, together with the delivery slip and/or optical disk, is registered and transferred to the department for storing the holdings on tangible media in the manner prescribed by these Regulations.
4.7. During the inspection, if technical or other difficulties arise with reading the legal deposit media of the electronic publication, employees of the department for storing the holdings on tangible media contact the manufacturer of the electronic publication by phone, fax or e-mail indicated in the delivery sheet, and find out the causes of the problems and how to eliminate them. If necessary, producers of electronic publications provide the staff of the Presidential Library with instructions for using the electronic publication, as well as other clarifications on issues that have arisen.
4.8. If, as a result of the inspection, it turns out that the electronic publication cannot be opened or read due to any technical malfunction (defect) of the carrier of the electronic publication or the electronic publication itself, then this defective legal deposit in accordance with p. 1 of art. 6 of Federal Law № 77-FZ “On Legal Deposit of Documents” is replaced by the document manufacturer by providing an additional copy of the electronic publication in the following order.
At the request of the Presidential Library, the manufacturer of the electronic publication provides an additional copy of the electronic publication no later than one month from the date the corresponding request is sent to him by email to the address specified in the delivery slip. If there is no email address on the delivery slip, the request is sent by fax to the number indicated on the delivery slip. If an email address and fax number are not available, the request is sent by mail to the address indicated on the delivery slip.
4.9. Manufacturers of electronic publications provide an additional copy of the electronic publication directly to the Presidential Library or send it by postal parcel. To the additional copy of the electronic publication, the producers of the electronic publication attach a cover letter indicating the details of the delivery sheet provided earlier.
4.10. The requirements stipulated by these Regulations for the main copy of the electronic publication apply to the additional copy of the electronic publication, with the exception of the delivery statement, which is not compiled for the additional copy of the electronic copy.
4.11. The received cover letter, together with an additional copy of the electronic copy, is registered and transferred to the department for storing the holdings on tangible media in the manner prescribed by these Regulations.
4.12. An additional copy of the electronic publication is checked in the same manner as the main copy of the electronic publication. If difficulties arise with reading an additional copy of the electronic publication, a letter is sent to the manufacturer of the electronic publication stating that it is impossible to read the main copy and an additional copy of the electronic publication, and therefore the obligation of the manufacturer of the electronic publication, provided for in p. 3 of art. 13 of Federal Law № 77-FZ “On the Mandatory Deposit of Documents” is considered unfulfilled. Together with the letter, the unreadable media of the main copy and additional copy of the electronic publication, previously submitted to the Presidential Library, are returned to the manufacturer of the electronic publication. Registration of an electronic publication in this case is not performed.
4.13. The manufacturer of the electronic publication is obliged, after receiving the letter specified in clauses 4.8, 4.12 of these Regulations, to take measures to eliminate technical malfunctions of the media or electronic publication and re-deliver the legal copy of the electronic publication to the Presidential Library within one month from the date of receipt of the above letter.
4.14. If it is impossible to eliminate technical faults or the manufacturer refuses to further refine the electronic publication, he notifies the Presidential Library about this by an appropriate letter sent by mail within the period provided for in clause 4.13 of these Regulations.
4.15. In case of successful reading of the legal copy of the electronic publication or its additional copy, the responsible employee of the department for storing the holdings on tangible media registers the electronic publication for permanent storage: assigns it an inventory number, marks its tangible medium in accordance with the requirements stipulated by the Procedure for recording documents included in the composition of the library’s collections, approved by Order of the Ministry of Culture of the Russian Federation dated October 8, 2012 № 1077, and places the electronic edition in the collections of the Presidential Library.
At the same time, in order to exercise the right of the manufacturer of an electronic publication provided for in art. 16 Federal Law № 77-FZ “On the legal deposit of documents”, a letter confirming the delivery of the legal deposit is sent to him, which is the only evidence of proper fulfillment by the manufacturer of the electronic publication of the requirement provided for in p. 3 of art. 13 of Federal Law № 77-FZ “On the Mandatory Deposit of Documents”.
In this case, the obligation of the manufacturer of the electronic document is considered fulfilled on the day the legal copy of the electronic publication is received by the Presidential Library in the presence of a corresponding confirmation letter.
4.16. Media of previously provided defective legal deposits are subject to destruction after a month from the date of registration of the legal deposit of the electronic publication for permanent storage or are returned to the producers if the corresponding request is received from them within a month from the date of registration of the legal deposit of the electronic publication for permanent storage.
4.17. Within a quarter from the date of registration of the electronic publication for permanent storage, the Presidential Library makes a decision on placing or refusing to place a copy of the electronic publication in the central collection of electronic documents of the Presidential Library based on an expert opinion on compliance with the acquisition profile of the Presidential Library, the presence or absence of the consent of the manufacturer of an electronic publication, expressed in the delivery slip, for the first publication or for posting a copy of a legal deposit of its electronic publication on the Presidential Library’s portal.
5. FINAL PROVISIONS
5.1. These Regulations, as well as amendments and additions to it, are approved by order of Director General of the Presidential Library.
5.2. In accordance with these Regulations, other local acts are developed and adopted in the prescribed manner regulating the activities of the Presidential Library in the process of accepting and recording legal deposit of electronic publications.
Statement of delivery of the mandatory federal copy of the electronic publication
