The legal force of the electronic document is provided on the basis of use digital signature EDS - a mechanism that allows us to prove that the author of the electronic document sent is actually the one who gives out for whom it gives itself, and that the document has not been changed in the delivery process. The EDS is used as an analogue of his own signature or ordinary printing in case legal entity. EDS is added to the data block and allows the block to check the source and data integrity And thus protect against fake.

Most enterprises recognize the advantages of electronic (paperless) workflow, which has the following advantages:

• easy to make changes to the document;
• the ability to put in the document not only text, but also multimedia data;
• the ability to use in advance harvested forms;
• higher information transfer rate on large quantity addresses;
• paper savings;
• higher compactness of archives;
• simple control of information flows;
• greater speed of searching and extracting information;
• the ability to protect documents from unauthorized access and delimitation of access rights to employees to information.

Introduction Allows you to reduce the number of services employed with documents (couriers, stationery, etc.).

Figure 4 shows how long the time is separate stages Working with documents when replacing the paper process to digital.

In conditions electronic document management It takes much less costs for restructuring document management when changing external conditions, for example, requirements for changing the reporting form.

electronic document management Everywhere is recognized, a complete transition to fenceless technologies requires a solution to a number. legal issues, as well as investment. So today in Russia you can meet all types of workflows presented in Figure 4.

In conditions electronic document management It takes much less costs for the restructuring of document management when changing external conditions, such as requirements for changing reporting form.

Despite the fact that efficiency electronic document management Everywhere is recognized, a complete transition to fenceless technologies requires a solution to a number of legal issues, as well as investment. So today in Russia you can meet all types of workflow listed in Figure 4.

Still remained enterprises and institutions that still work in the conditions of paper office work, most use computers and local networks in the organization of document management and local networks and only a minor percentage uses automated systems Control electronic documents. What is the reason for the situation?

Figure 6. - Advantages of electronic document management

Ideally consequence electronic document management There should be completely paperless technologies. However, today paper documents are still needed to comply with the requirements of many norms - tax legislation, accounting legislation, etc. One of the main appointments of the document is the ability to certify certain facts. Until recently, a paper document with the necessary props and degrees of protection was the main way of evidence of a fact, i.e. Represented legal force. Paper as a material carrier has a disadvantage in the sense that it does not allow for nothing to wash and write down new information, but this drawback is turning to be dignified in terms of exclusion of a fake document. No wonder the Russian saying reads: that it is written by the pen, he will not cut the ax.

In other words, when we receive a document on which there is a signature on each page, and there are no traces of the surface of the paper (i.e., it is clear that the text was not erased and was not recorded again), we can be sure that this document was sent from the face Putting the signature and that it did not change during the delivery process.

In principle, modern means of encryption allow you to provide the same document authentication tools as the signature on paper.

Adopted in January 2002, the Federal Law "On Electronic Digital Signature" gives organizations the opportunity to create exclusively by electronic documents, in which the electronic document can act as an original that does not need a duplication of a solid copy. However, today the legality EDS Absolute only for internal document management, where it is actively used, since the internal document flow is governed by the Director General.

Thus, the main reason for the presence of mixed documenuts is the fact that the issue of application is EDS Until now is not resolved at the state level.

However, the exchange of documents in in electronic format It may not be used in all, but only in some directions of the organization's activities.

The paper document has legal force if it has mandatory details, the personnel signature of the individual and in some cases printing. What does the electronic document attaches legal force?

What is an electronic document flow?

Electronic document flow (or EDO) is an exchange of documents in electronic form via the Internet, the internal network of the company or other methods. EDO significantly accelerates the exchange of documents and calculations on transactions between counterparties, saves on the stationery and postal expenses.

In 2011, the Ministry of Finance of Russia legalized the exchange of invoices in electronic form using (EP; previously - EDS). This served as a impetus to the spread of legally significant electronic document management. Electronic document flow in Russia regulate:

• federal Law No. 402-FZ "On Accounting" from 12/06/2011,
• federal Law No. 63-FZ "On electronic signature"Dated 04/06/2011,
• order of the Ministry of Finance of Russia N 174n "On approval of the procedure for placing and receiving invoices in electronic form According to telecommunication channels of communication with the use of reinforced qualified electronic signature "of 10.11.2015.

What gives the electronic document legal force?

The document created on the computer, or scan paper documents is not yet legally significant. For different species Documents have different guarantors of legal force.

Formalized documents

These documents include invoice, reporting, labor contract With a remote employee, inventory of investigated documents. Legal force they give:

• compliance with the format approved by the state,
• transfer of documents in accordance with the Regulations,
• qualified electronic signature (hereinafter - CEP).

Electronic documents signed by the CEP are equated by default to the personally signed and have legal force.

Informalized documents

This category includes all other documents: contracts, power of attorney, letters, etc. The state does not regulate the format of these documents. You can give them legal force in two ways:

1. Subscribe . As in the case of formalized documents, the default CEP emphasizes a legal force document.
2. Sign simple or.

Additionally, Edo Participants must conclude an agreement on mutual recognition of the legal force of these types of electronic signatures (Article 4 No. 63-FZ "On Electronic Signature"). In this agreement, you need to register the requirements for details, form and format of documents, the type of signature. If such an agreement is, electronic documents will be considered legally significant and any instance, including courts and FTS, will take them as their own signed.

How to sign a document electronic signature?

The ability to create a signature for an electronic document is implemented in many programs:

1. In specialized systems for electronic document management and reporting (for example, circuit. Diadok, contour. Experience).
2. In various information systems (for example, on the Public Services portal, on electronic trading platforms).
3. In accounts (for example, SAP, Oracle, MS Dynamics and others).
4. IN computer programs To work with electronic documents (for example, Microsoft Word, PDF).
5. In special programs to create and

Hello! In this article we will tell about electronic digital signature.

Today you will learn:

1. What is the EDS and in which areas it can be applied;
2. On the legal force of signatures of this format;
3. On the advantages that gives it to.

EDS from some time is a tool, thanks to which the documentation movement is simplified. And this happens not only within the company, but also beyond. How to become her owner, consider today.

EDS - what is such simple words

Everyone knows that any document signs a person who has such powers. This is done in order to give a document legal force. Thanks modern technologies, the whole document proceeds in electronic form. And it turned out to be extremely comfortable!

What is EDS in simple language?

EDS – this is analogy of a regular signature, which is used to give the legal force of documentation on electronic media.

It is usually stored on a flash drive.

Benefits:

1. Simplifies and speeds up the data exchange process (when cooperation with foreign companies is being conducted);
2. Reducing the costs associated with document flow;
3. Improving the level of security for information that is commercial.

Terms associated with EDS

Two others are closely connected with this concept: key and certificate of electronic signatureCertificate confirms that EP belongs to a specific person. It is enhanced and ordinary. A reinforced certificate is issued by either a certificate center or FSB.

The key is the characters in the sequence. Usually they are used by a pair. The first is the signature itself, the other confirms that it is genuine. To sign each newly created document, a new key is formed.

The information that is received in the HC is not an EDS, it is a means to create it.

A bit of history

The first EP began to be used in Russia in 1994. And the law on regulation of their application was adopted in 2002. It was extremely vague and ambiguously interpreted the terminology. The question of receiving the signature also in it was practically not covered.

Since 2011, government structures switched to electronic document flow. And all officials received EDS.

In 2012, this process acquired a global scale and thanks to this, we can now become owners of universal modern signatures.

How to get an electronic digital signature

Consider the situation in which the person appreciated all the advantages of this tool and decided to receive the EDS. So, the question arose: what do you need to do for this? Let's talk about it in more detail.

To get an electronic digital signature, you need to go through several important steps:

• Decide on the type of signature;
• Select a certifying center;
• Fill out an application;
• Pay the invoice;
• Collect the necessary documentation package;
• Get EDS.

Now every step will be discussed in detail.

Step 1. Select the type of signature that suits you as much as possible.

Over the last period of time, the number of those who want to obtain an enhanced electronic signature are increased. This is due to the fact that it can confirm not only the identity of the document that sent the document, but also is a maximum protected. According to a number of experts, simple EDS will soon cease its existence completely.

Imagine in the form of a table in which areas are applied different kinds signatures.

No. p / p	Where apply	Simple view	Unskilled	Skilled
1	Maintaining internal document management	in small companies occurs	yes	yes
2	Maintaining external document management	already rare	yes	yes
3	In arbitration court	yes	yes	yes
4	When contacting the site of the public service	yes	not	yes
5	In regulatory bodies	not	not	yes
6	When conducting electronic trading	not	not	yes

Step 2. Choose a certifying center.

If the EDS needs to get to pass reports, choose a qualified one, if you simply conduct a document, then simple.

We clarify that the UC is a legal entity, the purpose of which is the formation and issuance of EDS.

In addition, the UC carries out the following activity:

• Confirms that the signature is reliable;
• If necessary, blocks the EDS;
• Is a mediator if a conflict situation suddenly arises;
• Provides technical support;
• Provides needed by customers.

In the Russian Federation about 100 CC. It is better to choose the one that is suitable for your location and opportunities. You can first clarify whether there are those in your city. Make it easy: enough to view information on the official website.

Step 3. We make an application.

To do this, either attend the office of the center, or fill it online. Remote method Allows you to avoid personal visits to the UC, that is, to save some time.

As soon as sending an application is completed, the CCS specialist is associated with the client to clarify the data indicated in it. He can ask questions and get advice.

Step 4. We pay.

Pay the service will have to be in advance. As soon as the application is adopted, all the details are agreed, the client is invoiced. The cost may vary, as it depends on the region where the client lives, from the company itself and on which EDS you want to get.

Moreover, the variation of prices is quite large - from 1500 to 8,000 rubles.

Documents for EDS

When collecting documents an important nuance is the following: EDS is needed for an individual, EDS for legal entity for IP. Therefore, we will characterize the documentation separately.

To obtain a signature of the Famine must collect the following set of documentation:

• Filled application blank;
• Passport with photocopy;
• Reduss;
• Receipt confirming payment of the account.

If the recipient has a trustee, it can take up documents. The only one is needed a power of attorney to commit such actions.

Yurlitsy need to prepare:

• Completed statement;
• Svid-in OGRN;
• Svid-in Inn;
• (not overdue);
• Passport with a copy of that person to use the EDS;
• Payment receipt;
• SNILS of the person who will use the EDS;
• If the Signature will use the Director, you need to provide an order on the basis of which it takes this position;
• For other employees need power of attorney so that they can use the EDS.

IP provide:

• Completed statement;
• Svid-in OGRNIP;
• Svid-in Inn;
• An extract from the register of entrepreneurs, which is not more than 6 months (you can copy);
• Receipt that will confirm the payment.

If the application was filed remotely, required documents Send to Uz by mail, if personal, then together with the application.

Electronic signature for individuals

For physicals there are 2 types of signatures: qualified and unqualified. The procedure for obtaining, if compared with legal entities, is much simpler.

Individuals typically use EP to sign some papers.

Now for its application, such systems have been developed as:

• Unified portal of public services;
• Network of ESIA, for various information.

For ESI is enough simple type EP, but for the State Service portal used qualified.

To get the EDS, a citizen also turns to the UC, with all documents and a statement. Also, with you, you need to have a flash drive, which is recorded a closed part of the key, known only to the owner.

The procedure looks like this:

• Contact the CEC for a certificate and to get the EDS key;
• Pick up password;
• Filling for blanks to get keys;
• Submission of all documents;
• Obtaining a certificate for keys.

Electronic signature for legal entities

The algorithm of obtaining is practically no different from receiving the signature by the saline. In the same way, the Uz is chosen, all the necessary documents are collected, the invoice is paid. The only one, no need to forget that an extract from an incorporation should be obtained on time, since the process of its preparation takes about 5 days.

Hash function: why need

Hash function It is a unique number that is obtained from the document, converting it using an algorithm.

It has increased sensitivity to of different kind Distortions of the document, if at least one sign will change in the initial document, a large part of hash meaning will distort.

The hash function is arranged in such a way that, by its value, it is impossible to restore the original document, it is also possible to find 2 different electronic documents that have the same hash value.

For the formation of the EDS, the sender calculates the hash function of the document and encrypts it with the help of a secrecy key.

Speaking simple wordsIt is intended to simplify data exchange between users. This is a key data protection tool.

The file being signed is undergoing a hashing procedure. And the recipient will be able to make sure the authenticity of the document.

EDP \u200b\u200blegal force

EDS has an equal legal force with a regular signature in a paper version of the document, if it was applied without disorders. If deviations were revealed, the force document does not have. The state regulates the process of using EDS by federal legislation.

EDP \u200b\u200bvalidity period

The EDS is valid for 12 months, from the day when it was obtained. As soon as this term ends, it is prolonged or get another.

Let's summarize. The use of EDS brings the greatest benefit large companies and enterprises. Thanks to her, the work is reduced, wide horizons are opening up for business.

Simple citizens have it also beneficial. No need to stand in the queues, order state. Services can be without leaving home. EDS is a modern, convenient and advantageous tool.

The legal force of the electronic document is provided on the basis of the use of electronic digital signature of the EDS - a mechanism that allows us to prove that the author of the electronic document sent is actually the one for whom it gives itself, and that the document has not been changed during the delivery process. The EDS is used as an analogue of his own signature or ordinary printing in the event of a legal entity. The EDS is added to the data block and allows the recipient of the block to check the source and integrity of the data and thus protect against the fake. Most enterprises recognize the advantages of electronic (paperless) workflow, which has the following advantages:

easy to make changes to the document;

the ability to put in the document not only text, but also multimedia data;

the ability to use in advance harvested forms;

higher information transfer rate for a large number of addresses;

paper savings;

higher compactness of archives;

simple control of information flows;

greater speed of searching and extracting information;

the ability to protect documents from unauthorized access and delimitation of access rights to employees to information.

Figure 45 - Module EDS

The functioning of the EDS EDS provides four components: a SED software and hardware complex, which has a Module "EDS and Encryption", software and hardware complexes of time stamps and the certifying center, as well as several cryptoprodes.

According to the general opinion, the Public Signature on the Paper Document solves the following tasks:

Convince the reader in that a person who signed the document did it consciously (signature reliable);

Prove that this particular person, and no one else, consciously signed a document (signature genuine);

Being part of the document, protect it from fraudulent transfer to another document (Signature cannot be used again);

Protect the document (Signed document cannot be changed);

Ensure the materiality of signatures and a document that guarantees that a person who signed the document cannot argue that the document is not signed by him (From the signature it is impossible to refuse).

However, as practice shows, his own signature on a paper document on its very nature leaves loopholes for fraudsters. No wonder for the difficulty of their actions on the form of documents, special defensive signs are applied, apply the numbering and fastening of sheets, and, along with the signature, they use their own writing of the name, name, patronymic on the document, etc. in one word, with all its advantages; The signature has a number of shortcomings.

As a result of penetration computer technology In all areas of human activity, the need arose to realize an analogue of a person's own signature in electronic form. This task was successfully solved. The solution is based on the decisions developed in the mid-1970s. Cryptographic open-key algorithms that are based on a complex mathematical apparatus.

At the same time, the EDS eliminated most of the problems characteristic of the signature on the paper document, and provided the electronic document of the following essential characteristics:

-integrity - the document cannot be changed after signing;

Most wide application Today, the EDC finds in the documentation of management (DOU), in payment systems, e-commerce and accounting. From the listed areas of the most popular and complex is the task of automation Dow organizations - the main goal of creating electronic document management systems (s). It is on it that we will focus our attention in the article. However, it is necessary to clarify what is understood under the use of EDS, having in mind the two main schemes:

Signing an electronic message when it is transmitted and checking the signature of the sender after receipt, that is protected document transfer. Often, a similar scheme is perceived as a legally significant document flow, which is deep delusion. The protection of the electronic message through the EDS - the thing is definitely useful and necessary, but to ensure full-fledged document management is completely insufficient;

Using EDS throughout the life cycle electronic document - when it is created, coordination, approval, familiarizing with him, etc. only when it automates full life cycle the document and the EDS is its integral part, we can talk about the use of a full-fledged, that is, legally significant electronic document management systems.

Starting to work with the EDS, the user makes a request by means of the EDD to receive a key pair (A);

then requests a certificate for just generated open key (b);

if necessary, sign a document (just created or obtained from the EDD) of its data are transmitted

in the cryptoproderder for the generation of EDS, after which the time stamp (B) is put on the EDS;

after receiving the document from the SED, the recipient transmits it to verify the cryptoproderder,

where not only the EDS itself is checked, but also a certificate and time stamp (g)

Figure 46 - EDS in SED

Electronic documents are gradually becoming an element of the economic activities of Russian companies. They are comfortable, allow you to not climb the office of a bunch of paper, but to share such documents companies can be in seconds. But what is needed in order for the electronic document to be legal force? And how to prove the legal force of an electronic document in court?

Legal Power of Electronic Document

The current Russian legislation recognizes the possibility of making a transaction with the help of electronic document, provided that such documents are signed by an electronic signature. Relevant norms are fixed in Art. 434 Civil Code of the Russian Federation and in Part 4 of Art. eleven Federal Law dated July 27, 2006 No. 149-FZ "On information, information technologies and information protection" (hereinafter - Law No. 149-FZ).

In electronic form, not only contracts can be issued, but also primary and consolidated accounting documents - provided that they are certified by an electronic signature (Article 9 of the Federal Law of 21.11.1996 No. 129-FZ "On Accounting"). Article 169. Tax Code RF directly allows the compilation and invoice in electronic form by mutual agreement of the parties to the transaction and if they have compatible technical means For reception and provided that the electronic invoice is signed by a qualified electronic signature of the company's head or an authorized person1.

Thus, the key element of any electronic document indicating its legal strength and confirming the fact of the direction of the proper parties is an electronic signature. Its presence is not the last fact and during the trial, and therefore it is necessary to say more about the legal regulation of the electronic signature.

Electronic signature

In paragraph 1 of Art. 6 of the Federal Law of 04/06/2011 No. 63-FZ "On Electronic Signature" (hereinafter - the Law No. 63-FZ) found that general rule Information in electronic form, signed by a qualified electronic signature, is recognized by an electronic document equivalent to a paper on paper signed by his own signature. A similar norm is set to paragraph 3 of Art. 11 of Law No. 149-FZ. This requirement is formulated in the form of an imperative norm, but the courts are entitled to recognize the proper assurance of information and a simple signature that they are often doing in practice.

Here we approach the question of the types of electronic signatures legalized in modern Russian legislation. Article 5 of Law No. 63-FZ calls the following types of electronic signatures:

1. Simple electronic signature.

When applied, the fact of the formation of an electronic signature is confirmed by a certain person by using codes, passwords or other means.

2. Enhanced electronic signature.

She must:

1) to be formed as a result of cryptographic information transformation using an electronic signature key;

2) allow identifying a person who has signed an electronic document;

3) allow you to detect the fact of making changes to the electronic document after the date of its signing;

4) Created using electronic signature tools.

3. Enhanced qualified electronic signature.

Effected electronic signatures are divided into qualified and unqualified. The inspired qualified electronic signature check key must be specified in a qualified certificate.

Information in electronic form, signed by a simple electronic signature or unqualified electronic signature, is recognized by the electronic document equivalent to a paper on paper signed by his own signature. If, in accordance with the legislation or custom of business turnover, the document must be certified by printing, the electronic document signed by a strengthened electronic signature is recognized as an equivalent document on paper, signed by his own signature and certified seal. This rule is set to parts 2 and 3 tbsp. 6 of Law No. 63-FZ. In other words, simple and unskilled electronic signatures correspond to the autograph, and the enhanced signature corresponds to the document's certificate to the signature and printing. Thus, the reinforced unqualified signature can be recognized as an analogue of signatures and an analogue of signature with seal.

Electronic document in court

Documents sent by email in accordance with the above classification can be called signed by a simple electronic signature. However, the court can recognize the exchange of such documents to the appropriate conclusion of the contract if the circumstances of the case testify to the reality of the transaction: for example, the delivery of goods is carried out, which is confirmed by invoices, commodity overhead and payment orders. In particular, such a legal position is confirmed by the definition of you of the Russian Federation of 10/17/08 No. 13675/08.

The electronic document is provided to court in printed form with an affiliation of a certificate of the head or an authorized employee of an organization that encompass this document. This certificate should indicate that the printed paper copy corresponds to the electronic origin. If the document signed a simple electronic signature, then at least the date and time of the formation of such an electronic document and the party that sent this document should be clear from the presented printout. If the electronic document signed enhanced signatureThe printout should be present a special mark on the empty of electronic signature.

The court can recognize the contract concluded by e-mail if each Party submitted identical printing of such a contract. At the same time, such even identical paper copies, not confirmed by other evidence, cannot serve as a fact of confirming the conclusion of the contract. But what to do if the evidence is not collected, and the contracts represented by the parties contain different conditions? It is for the prevention of such situations during the trial and it is necessary even at the conclusion of the contract to certify it with a strengthened qualified electronic signature.

Such a signature will make it possible to verify the two fundamental points: first, the fact that the contract is signed by the appropriate party (since the certificate is nominated and is issued with an indication of the post of signator), and secondly, the document signed by a strengthened by a qualified electronic signature remained unchanged.

In part 1 tbsp. 4 of the Federal Law of January 10, 2002 No. 1-FZ "On Electronic Digital Signature", which is still valid, the following signs are established, with the simultaneous observance of which electronic digital signature It is considered equivalent:

1. The certificate of the signature key is valid at the time of verification or at the time of signing the electronic document.

2. The authenticity of the electronic signature in the electronic document is confirmed.