The right of electronic signature according to federal law 44. What federal laws regulate the procedure for using an electronic signature? Where is an electronic signature issued?

The use of an electronic signature (ES) is regulated by Federal Law No. 63-FZ of April 6, 2011 “On Electronic Signature”. The law establishes the types of electronic signatures, the rules for recognizing the legal force of signed documents, the rules for issuing and using electronic signature certificates.

An electronic signature is encoded information about who signed an electronic document (about a legal entity, individual or individual entrepreneur). You can put an electronic signature on a document if you have an electronic signature certificate.

In what cases do you need an EP certificate:

• for reporting,
• to participate in procurement,
• for electronic document management,
• to file arbitration claims,
• to apply to government agencies, etc.

The electronic signature certificate contains basic information about the owner: full name, position, organization name, TIN, OGRN, address. Certificates that are used in the State Order and the State Defense Order also include information about the user's authority in the field of placing orders: an administrator of an organization, an authorized specialist, a specialist with the right to sign a contract.

Three types of electronic signature are used in Russia:

• simple electronic signature
• enhanced unqualified electronic signature,
• enhanced qualified electronic signature.

Electronic signature for suppliers and customers in the field of public procurement under 44-FZ

To participate in the procurement of the State Order and the State Defense Order, a certificate of an unqualified electronic signature is required, suitable for this type of auction and for the user role - the customer or the participant in the placement of the order (more often referred to as the supplier). The certificate confirms the authority of the bidder and is a way to certify the legitimacy of the stages of trading procedures.

On July 1, 2018, the amendments established by Federal Law No. 504 of December 31, 2017 regarding the use of electronic signatures in the field of the State Order and the State Defense Order came into force (read more about them in the article). Starting July 1, 2018, participation in auctions under 44-FZ and under the State Defense Order requires a qualified electronic signature certificate issued in accordance with the current requirements for such certificates.

Electronic signature for bidding under 223-FZ, commercial bidding and bankruptcy bidding

ES is also used in other types of bidding: bidding under 223-FZ, trading procedures for the sale of bankrupt property and commercial bidding.

It is important to understand that the ES certificate for the State Order, as a rule, is not applicable for participation in other types of auctions, since the legislation or the sites themselves where such types of auctions are held require the use of a qualified electronic signature, while an unqualified electronic signature is used in the State Order.

It should also be borne in mind that certain trading platforms (Gazprombank, Fabrikant, B2B-center, uTender, Sales Center, TEK-Torg) additionally require that the qualified electronic signature certificate include information about the scope of this trading platform, and this increases the standard cost certificate.

Where can I get an electronic signature?

Customers under 44-FZ receive an electronic signature certificate from the Federal Treasury, suppliers under 44-FZ, as well as participants in other types of auctions (both customers and suppliers) - at certification centers (CA), for example, at the CA SKB Kontur.

The certification center creates and issues electronic signature certificates to applicants in accordance with the requirements established by law and the regulations of the CA itself.

How to get an ES certificate in a certification center?

To obtain an electronic signature certificate:

• contact the CA and tell us which electronic trading platforms (ETP) you plan to work on,
• prepare the documents requested by the certification center specialist,
• get the ES certificate key.

The procedure for obtaining an ES certificate, as a rule, takes 1-3 business days.

What documents are required from the person issuing the electronic signature certificate?

It is the responsibility of the CA to verify that all data that will be included in the certificate is correct. This is a very important part of the procedure for issuing a certificate, and its observance by the CA guarantees further recognition of the legal force of the electronic signature. To enter data into the certificate, the CA requests the following set of documents:

• an application for the production of a signature key certificate;
• documentation official in whose name the certificate is issued (passport, SNILS, power of attorney issued by a legal entity to the owner of the certificate to perform those actions that are determined by the scope of the electronic signature);
• a power of attorney to obtain a certificate, if the person in whose name the certificate is issued does not personally come to the certification center.

In some cases, the certification authority may additionally request:

• title documents of the legal entity and the applicant (constituent documents / charter, extract from the Unified State Register of Legal Entities, a copy of the document on the appointment of the head of the organization).

Upon initial receipt of the ES certificate, the personal presence of the future certificate owner or his authorized representative is required. The owner of the certificate or his authorized representative, when visiting the certification center, must have a passport for identification.

Key storage

The ES key is stored on a special secure medium - a token (for example, Rutoken Light), on which a pin code is required (similarly bank card). The token is more secure than conventional media (flash drives or memory cards), because. even if the token is lost or stolen without knowing the pin code, no one will be able to use your electronic signature. Therefore, as with a bank card, it is important not to tell anyone the pin code from the token.

The responsibility for using the ES certificate key lies with its owner. Therefore, in case of theft or loss of a token with an ES key, immediately contact the certification center that issued it - this is necessary to prevent the use of the key by intruders.

I received a certificate. What's next?

First of all, set up your computer to work on the ETP - this can be done quickly and conveniently, without delving into technical nuances, from the installation disk of the UTs SKB Kontur on sertum.ru.

After that, register (go through accreditation) at those ETPs where you plan to work. It is better to do this in advance at all ETPs, because The accreditation process can take up to five business days. On six ETPs of the State Order, accreditation is free, on commercial ETPs and bankrupt ETPs, everything depends on the rules of the site - the ETP operator has the right to charge a fee for registration on the ETP website.

The concept of "electronic signature" (ES) was officially defined by law No. 1-FZ back in 2002. Since then, many of its norms have changed, later law No. 63-FZ was issued, and in 2016 it was amended.

Fresh changes

Amendments to the legislation relating to were introduced by law No. 220-FZ in June last year. However, its clauses gained legal force only at the beginning of 2017.

The changes relate to the introduction of the wording “electronic documents”, “electronic signature” into the documents regulating judicial office work.

It is determined that electronic documents posted on the Internet by government agencies on their official portals or provided to third parties must contain an enhanced qualified signature.

Law No. 63-FZ has undergone two amendments:

1. A requirement has been introduced that in the case when an electronic document is signed by several persons, they all do this with the type of ES that is established by law for these forms.
2. An exception has been added in cases where several files are combined into a package of electronic documents, each of them is considered signed by the type of electronic signature that was used to sign the entire package. It says that if the package contains a document created and signed by another user, then this file is recognized as signed by the type of signature with which it is actually signed. This rule applies regardless of which ES the entire package is signed, provided that the procedure for creating and signing the included document complies with the law.

Features and content

According to the law, an electronic signature can be used in transactions between all participants in electronic interaction, upon receipt public services and in other cases. Relations between partners are regulated by them independently by concluding agreements, as well as legal acts, rules established by operators of corporate information systems.

The main concepts contained in the law No. 63-FZ:

1. EP- information in machine-readable form, used in establishing the fact of signing and the person who made it. It is necessarily associated with an electronic document.
2. ES key- a non-repeating combination of characters that is used when making a signature.
3. ES verification key- a similar concept to the previous one, but used to control the authenticity of the signature.
4. Key Certificate– a file confirming that the ES belongs to the given owner.
5. Qualified Certificate- a file created taking into account all the norms of Law No. 63-FZ.
6. CAs– companies that have the right to create, issue ES, set a deadline or cancel them, as well as maintain a register of existing ES. Centers may or may not be accredited, in the first case they must comply with all the requirements of 63-FZ.

When you can use any kind of it, and for manufacturing - various technical means , unless it is specifically provided for in the law or in agreements with other participants in electronic document management.

When an ES is automatically created, there is no reason to invalidate it or files signed using it.

Firms and entrepreneurs choose the type of EP. Preference is given depending on which documents will need to be signed and what requirements the law establishes.

Distinguish:

1. Simple ES is the initial way to identify the person who created and signed the document. Used as a login and password and contained in the file itself, the use of this type in electronic document management is limited.
2. reinforced in turn is divided into:

• unskilled- when creating it, cryptographic technologies and an ES key are used, which make it possible to determine who signed the document and whether changes were made to it after that;
• qualified- similar to the previous option, but in addition to them, the verification key for the ES is contained in a qualified certificate, the ES tools used in the creation meet all the requirements of Law No. 63-FZ.

The authorized federal body regulates the use of electronic signatures. Its features include:

• creation of the main certification center;
• accreditation of certification centers, maintaining their list, which includes operating companies, information on companies whose work has been suspended or terminated;
• creation and management of the register of manufactured qualified certificates.

Features of signing contracts, defined by No. 44-FZ

Law No. 44-FZ, regulating the procedure and organization public procurement, was adopted on April 5, 2013. It regulates the electronic document flow between companies and entrepreneurs participating in tenders, the procedure for submitting applications for participation in it.

All documents transmitted through a single information system public procurement must be signed with an enhanced electronic signature. This means that the electronic signatures themselves and the keys to them must be created and issued accredited certification centers.

Moreover, if the auction participates foreign organization, then its ES must comply with the norms of the law of its state and international treaties of the Russian Federation.

Determination of the winner in the auction is carried out in the form electronic auction, in which the participants and operators of the electronic platform, when placing and exchanging documents, use unqualified type of reinforced EP.

After determining the winner in the auction, the participants perform the following actions on the conclusion of a contract using an electronic signature:

1. The customer publishes a draft contract in a single information system.
2. Within a five-day period, the bidding winner examines the contract and performs the following actions: with consent– signs the file and places it in the system together with the document confirming the execution of the order; in case of disagreement– publishes the Protocol of disagreements, in which it indicates the points that do not meet its requirements. The protocol must also be signed.
3. In this case, the customer can act in two scenarios: if the contract is agreed n the winner of the tender, then the customer signs it with his enhanced ES and places it in the system; if there are claims from the contractor, then the customer either draws up a new contract taking into account the comments, or places the old version indicating the reason why the changes were not made, but without signing the document.
4. If all disagreements are resolved, the winner signs and places the electronic document within three working days, after which the customer does the same.

Normative legal acts regulating the use of ES

In addition to the above laws, the use of an electronic signature is regulated by legal acts:

1. Part 1 of the Civil Code of the Russian Federation with amendments that entered into force on October 2, 2016. Thus, the provision on the written form of the transaction is supplemented by the ability to use the ES for affixing in the document.
2. The technical algorithm for the formation and verification of the ES is determined by GOST R 34.10-2012. It was developed and published by the Federal Agency for Government Communications and Information under the President of Russia. Thanks to the rules it contains, EP allows: check the authorship of the electronic signature, establish the integrity of the document and ensure high level counterfeit protection.
3. The rules for determining the types of ES used by state and municipal executive authorities are regulated by Decree of the Government of the Russian Federation dated 25.0.2012 No. 634.
4. Law of July 20, 2006 No. 149-FZ “On information, information technology and on Information Protection” determines the procedure for using electronic documents, in particular, introduces the rule that a message signed with an ES receives the status of an electronic document.
5. Federal tax service issued an order dated June 13, 2006 No. SAE-3-27 / [email protected](cancelled) on the creation of a network of trusted certification authorities. This order is designed to form a single information space that will ensure quality control and reliability of information provided by taxpayers.
6. Orders of the Ministry of Taxes and Duties dated December 10, 2002 No. BG-3-32 / [email protected](cancelled) and dated April 2, 2002 No. BG-3-32 / 169 regulate the creation of a system and the procedure for submitting tax returns to the IFTS and financial statements v in electronic format.

The Federal Law of April 6, 2011 No. 63-FZ "On Electronic Signature" has formed a rule for the use of an electronic signature (ES). The law on electronic signature specifies what types it is, lists the rules for recognizing signed documents (legal force), lists the rules for issuing and using ES certificates.

An electronic signature is encoded information about who signed the electronic document (legal entity, individual or IP). EDS can be used only if you have an ES certificate.

Situations in which an electronic signature certificate is required:

submission of reports

participation in purchases

electronic
document flow

filing an arbitration
lawsuit

appeal to government
organs, etc.

What information does an electronic signature contain?

The electronic signature contains a list of basic information about the owner: full name, position held, full name of the organization, TIN, PSRN, address. The certificates used in the State Procurement and State Defense Order also include information on the authority of a person in the field of placing orders: the administrator of the organization, an authorized specialist, a specialist with the right to sign a contract.

Three types of ES are used in the Russian Federation:

simple electronic signature

reinforced
unskilled
digital signature

reinforced qualified
digital signature

EDS for use by suppliers and customers in the field of public procurement under 44-FZ

In order to take part in the procurement of the State Order and the State Defense Order, you must have a certificate of an unqualified electronic signature intended for a certain kind bidding and the specific role of the user - this can be a customer or a supplier (the one who places the order). It is the certificate that confirms the powers of bidders and acts as a means of certifying the legitimacy of procedures at different stages.

In July 2018, the amendments established by the Federal Law of December 31, 2017 No. 504 come into force. They relate to the use of ES in the State Order and the State Defense Order. Currently, the Government of the Russian Federation and trading platforms a list of rules is being developed that will control the transition to the updated work order in the State Order and the State Defense Order.

Until July 2018, when participating in auctions under 44-FZ and under the State Defense Order, a certificate confirming the electronic signature is required. The certificate must comply with all requirements for such documents.

Where is an electronic signature issued?

The Federal Treasury is issuing ES certificates to customers under 44-FZ. Certification centers (CAs), such as the CA Kaluga Astral, issue certificates to participants (customers and suppliers) of other types of auctions.

The certification center creates and issues ES certificates, taking into account the requirements established by the legislation of the Russian Federation and the regulations of the certification center itself.

What is required to obtain an electronic signature certificate from a CA

To obtain an EDS certificate, the following steps are required:

Contact the certifier
center and report with what
electronic trading
sites (ETP) is planned
work

Prepare all necessary
documents (a list
will be provided by the UC specialist).

Get the certificate key
digital signature in the office of our company.

You can receive an EP certificate within one to three business days.

What documents are required for the person issuing the ES certificate

The certification authority is obliged to check the correctness of all data that will be included in the certificate. This procedure is very important, as it is a guarantee that the digital signature will have legal force.

The following documents must be submitted to the certification authority:

• an application for the production of an EDS key certificate;
• documents of the person for whom the certificate is issued. It is required to have a passport, SNILS, a power of attorney issued by a legal entity to the owner of the certificate, confirming the possibility of performing those actions that determine the scope of the ES;
• a power of attorney to obtain a certificate (provided that the person for whom the certificate is issued is not able to visit the certification center in person).

It is possible that the CA will require additional filling out of the title documents of the legal entity and the applicant (constituent charter, extract from the Unified State Register of Legal Entities, a copy of the document on the appointment of the head of the organization).
If the certificate is obtained for the first time, then a personal visit of the potential owner or his official representative is required. You must have an identity document (passport) with you.

How the key is stored

A special secure carrier - a token - stores the electronic signature key. A PIN-code is mandatory set on the token (as on a bank card). The security of the token is much higher than that of conventional media (flash drive, memory cards). If the token is lost or stolen, an outsider will not be able to use your electronic signature. No one should know the PIN code from your token (similar to a bank card).

If a token with an electronic signature key was stolen or lost, the owner must urgently visit the CA where the key was issued. This prevents the possibility of fraud.

What to do after receiving the certificate

First you need to configure the PC for work on the ETP. This is done quickly using the disk with the installation program of the Kaluga Astral UTs. This is followed by registration at the ETP, where the work is planned. It is advisable to do this and strengthen the signature in advance, since accreditation can take up to 5 days.

Six ETPs of the State Order have free accreditation. Commercial ETP and bankrupt ETP often have paid registration.

To obtain an electronic signature for trading under 44-FZ, please contact our specialists by phone or through a special feedback form.

Federal Law on electronic signature has been operating since 2002. What is the purpose of the electronic signature, who can use it and what legislative acts support this possibility - read on.

The original FZ-1 and the regime for the exchange of electronic documents, which is valid in 2015-2016

The current legislation provides an opportunity for individuals and legal entities exchange electronic documents.

An electronic document is documented information presented in electronic form, that is, in a form suitable for human perception using electronic computers, as well as for transmission over information and telecommunication networks or processing in information systems (clause 11.1, article 2 of the law "On Information, Information Technologies and Information Protection" dated July 27, 2006 No. 149-FZ). To give legal force, an electronic document must be certified digital signature(EDS) of an authorized person.

Federal Law on EDS gives the following definition of an electronic signature: an electronic form of information attached to other information (document being signed) or otherwise associated with it, which is used to identify the authorized person who signed the document.

The exchange of documents in electronic form allows you to simultaneously solve problems:

• slow process of document exchange in paper format;
• the need for the cost of moving papers;
• acquisition of stationery and storage of large paper archives;
• loss of a paper document, loss of its physical and informational properties over time, etc.

The possibility of electronic document exchange among participants appeared in 2002 with the adoption of the law about electronic digital signature № 1-FZ from 10.01.2002. Since then, an electronic document certified with an EDS is equivalent to a paper version signed by an authorized employee with his own hand.

IMPORTANT! Effective from 08.04.2011 EDS law № 63-FZ dated 04/06/2011, which regulates the algorithm for obtaining and using EDS by participants in electronic document management (EDF). Paragraph 2 of Art. 20 of Law No. 63-FZ, the law is declared invalid about EDS№ 1-FZ.

Law on electronic digital signature No. 63-FZ describes the algorithm for the operation of certification centers, from which EDF participants must receive electronic signature keys.

EDI can be organized:

• within the company between employees;
• between the parties to the contract (both legal entities and individuals) when exchanging contracts (Article 434 of the Civil Code of the Russian Federation) and any correctly executed primary documents signed by EDS (clause 5, article 9 of the Law "On Accounting" dated 06.12.2011 No. 402-FZ );

• between the taxpayer and the fiscal authorities to send declarations and required documents to the bodies of the Federal Tax Service (clause 2 of article 93 of the Tax Code of the Russian Federation), the PFR and the FSS.

Applications for the purchase of goods or services and tenders by budgetary organizations, state corporations, some public utilities and other legal entities named in the law “On the Procurement of Goods and Services” are also signed with a digital signature. certain types legal entities" dated July 18, 2011 No. 223-FZ.

Types and legal force of EDS

FZ No. 63 - federal law on electronic digital signature:

A simple digital signature is an algorithm consisting of a certain sequence of codes and passwords that confirms the fact that an electronic document has been signed by a certain person.

Enhanced unqualified EDS - a signature obtained after cryptographic encryption of data, which allows you to identify:

• the person who signed the document;
• the fact of making changes to the document after signing

and created using special software.

An enhanced qualified EDS is a signature that has all the properties of an unqualified EDS, the confirmation key of which is specified in the certificate.

In what situations it is necessary to use the qualified version of the signature, is explained in the material.

Simple and enhanced unqualified EDS correspond to the signer's autograph on paper, and enhanced qualified - signatures and seals of the company-certifier of the electronic document (clauses 2, 3, article 6 of law No. 63- Federal Law on electronic digital signature).

Federal Law No. 63-FZ - latest edition

V law of the Russian Federation on electronic digital signature changes have been made several times. Last revision digital signature law was approved by law No. 220-FZ dated June 23, 2016.

But especially many adjustments and clarifications were made to law about electronic signatures 63-FZ Law of December 30, 2015 No. 445-FZ.

Check out edition 63- Federal Law on digital signature operating in 2016 can be found on our website.

the federal law№ 63-FZ on electronic signature dated 04/06/2011, as amended. Law of December 30, 2015 No. 445-FZ

The purchase of goods by individual legal entities is regulated by Law No. 223-FZ

State corporations, state companies, monopoly utilities and other legal entities, the list of which is approved in Art. 2 of the Law “On the Procurement of Goods and Services by Individual Legal Entities” dated July 18, 2011 No. 223-FZ, are required to form a plan for the procurement of goods and services for the current year and post information on planned purchases worth more than 100,000 rubles by February 1 of each year. in a single information system, as well as on other Internet sites, for example, on the website of the customer company. But before placing an application, the customer must register in unified system identification and authentication (ESIA). To do this, you need to obtain a qualified digital signature in a certified certification center. If bidding or auctions are held on the customer's website, then the use of an unqualified EDS is allowed. Which signature to use depends on the requirements of the selected site, which can be found on the resource itself. If a company places applications on several platforms, then for each of them it is necessary to purchase its own certificate or use a universal signature, which will contain both a qualified and an unqualified signature in its composition.

Signing a contract with an electronic signature in accordance with Law No. 44-FZ

For the purchase of goods and services for municipal and state needs budget organizations are obliged to enter into the unified information system (EIS) plans, procurement schedules, applications for holding auctions, contracts with winning suppliers, etc. in accordance with the norms of the Law “On contract system in the field of procurement” dated April 5, 2013 No. 44-FZ. All documents posted on the electronic site must be signed with an enhanced qualified digital signature. Electronic signature on 44-FZ, as well as keys and certificates for it, are issued at an accredited certification authority (CA).

Within 5 days after the order is placed, the winner who won the tender places on the electronic site a draft contract signed by the EDS of an authorized person. In case of disagreements under the contract, the parties can draw up a protocol of disagreements and exchange it in the EDF format. After agreeing on disagreements under the contract, the customer places the approved contract on the electronic site and signs it with his EDS. From that day on, the contract is considered concluded.

Results

There is no unified law on the use of EDS with a description of all possible documents and transactions in the Russian Federation. The algorithm for obtaining and using EDS keys describes federal law on electronic digital signature dated April 6, 2011 No. 63-FZ. The procedure for using EDS by various organizations when signing declarations, primary documentation, contracts, etc. is fixed in the relevant legislative acts.