of May 22, 2003 No. 852-IV
About the electronic digital signature
This Law determines legal status of the electronic digital signature and governs the relations arising when using the electronic digital signature.
Operation of this Law does not extend to the relations arising when using other types of the digital signature including digitalized images of the sign manual.
If the international treaty which consent to be bound is this the Verkhovna Rada of Ukraine establishes other rules, than those that are provided by this Law, rules of the international treaty are applied.
In this Law terms are used in the following value:
the digital signature - data electronically which are attached to other electronic data or logically with them are connected and intended for identification of podpisyvatel of these data;
the electronic digital signature - type of the digital signature received as a result of cryptographic conversion of set of electronic data which is attached to this set or logically combines with it and gives the chance to confirm its integrity and to identify podpisyvatel. The electronic digital signature is imposed by means of personal key and checked by means of public key;
means of the electronic digital signature - the software, the hardware-software or hardware device intended for key generation, imposing and/or verification of the electronic digital signature;
personal key - the parameter of the cryptographic algorithm of forming of the electronic digital signature available only to podpisyvatel;
public key - the parameter of the cryptographic algorithm of verification of the electronic digital signature available to subjects of the relations in the field of use of the electronic digital signature;
the certificate of action of public key - the procedure of forming of the certificate of public key;
the certificate of public key (further - the certificate of key) - the document issued by the center of certification of keys which certifies action and accessory of public key to podpisyvatel. Certificates of keys can extend electronically or in the document form on paper and be used for identification of the identity of podpisyvatel;
the strengthened certificate of public key (further - the strengthened certificate of key) - the certificate of key meeting the requirements of this Law, issued by the accredited center of certification of keys, certification center, the central certifying body;
accreditation - the procedure of the documentary certificate of competence of the center of certification of keys to perform the activities connected with servicing of the strengthened certificates of keys;
the compromise of personal key - any event and/or action which entailed or can entail unauthorized use of personal key;
blocking of the certificate of key - temporary suspension of the certificate of key;
the podpisyvatel - the person which on legal causes owns personal key and on its own behalf or by proxy the person which it represents imposes the electronic digital signature during creation of the electronic document;
services of the electronic digital signature - provision in use of means of the electronic digital signature, the help in case of generation of public and personal keys, servicing of certificates of keys (forming, distribution, canceling, storage, blocking and recovery), provision of information on the existing, cancelled and blocked certificates of keys, services of fixation of time, consultation and other services determined by this Law;
well-tried remedy of the electronic digital signature - the means of the electronic digital signature having the certificate of conformity or the positive expert opinion by results of state examination in the field of cryptographic information protection. Confirmation of conformity and conducting state examination of these means is performed according to the procedure, determined by the legislation;
the protected carrier of personal keys - well-tried remedy of the electronic digital signature which is intended for storage of personal key and has the built-in hardware and software providing protection of the data written on it against illegal access, against direct acquaintance with parameter value of personal keys and their copying.
Subjects of legal relations in the field of services of the electronic digital signature are:
center of certification of keys;
accredited center of certification of keys;
the central certifying body;
certification center of executive body or other state body (further - certification center);
The electronic digital signature on legal status is equated to the sign manual (seal) if:
the electronic digital signature is confirmed with use of the strengthened certificate of key by means of well-tried remedies of the digital signature;
when checking the strengthened certificate of key existing at the time of imposing of the electronic digital signature was used;
the personal key of podpisyvatel corresponds to the public key specified in the certificate.
The digital signature cannot be acknowledged invalid only because it has electronic form or is not based on the strengthened certificate of key.
The electronic digital signature is intended for ensuring activities of physical persons and legal entities which are performed with use of electronic documents.
The electronic digital signature is used by physical persons and legal entities - subjects of electronic document management for identification of podpisyvatel and confirmation of integrity of data electronically.
Use of the electronic digital signature does not change procedure for the agreement signature and other documents established by the law for transactions in writing.
Notarial actions according to the authentication of the electronic digital signature on electronic documents are made according to the procedure established by the law.
Public authorities, local government bodies, the companies, organizations and the organizations of the state pattern of ownership the state loggers of the rights to real estate, the state loggers of legal entities, physical persons entrepreneurs and public forming, notaries for the certificate of action of public key use only the strengthened certificate of key.
The state loggers of the rights to real estate, the state loggers of legal entities, physical persons entrepreneurs and public forming, notaries also use only the protected carriers of personal keys.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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