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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of September 19, 2018 No. 749

About approval of the Procedure for use of electronic confidential services in public authorities, local government bodies, the companies, organizations and the organizations of the state pattern of ownership

(as amended of the Resolution of the Cabinet of Ministers of Ukraine of 17.03.2021 No. 227)

According to part three of article 17 of the Law of Ukraine "About electronic confidential services" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for use of electronic confidential services in public authorities, local government bodies, the companies, organizations and the organizations of the state pattern of ownership which is applied.

2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

3. This resolution becomes effective along with the Law of Ukraine "About electronic confidential services".

Prime Minister of Ukraine

V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of September 19, 2018 , No. 749

Procedure for use of electronic confidential services in public authorities, local government bodies, the companies, organizations and the organizations of the state pattern of ownership

1. This Procedure determines requirements for use, including receipt of qualified electronic confidential services in public authorities, local government bodies, the companies, organizations and the organizations of the state pattern of ownership (further - public institutions).

2. In this Procedure terms are used in such value:

the protected carrier of personal keys - means of the qualified digital signature or seal which is intended for storage of personal key and has the built-in hardware and software providing protection of the data which are written down on it against unauthorized access, direct acquaintance with parameter value of personal keys and their copying;

the paragraph third is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 17.03.2021 No. 227

the qualified certificate of open key of the signer - the representative of public institution - the qualified certificate of open key in which in addition to identification data of physical person who is the employee of public institution identification data of the relevant public institution are specified (the name and identification code of the legal entity in the Unified state register of the companies and organizations of Ukraine);

qualified electronic confidential services - the electronic confidential services provided by the skilled supplier of electronic confidential services according to the Law of Ukraine "About electronic confidential services";

person representative of public institution - the employee of public institution who creates the digital signature for realization of the powers directed to acquisition, change or the termination of the rights and/or obligations of physical person or legal entity according to the law.

Other terms are used in the value given in the Law of Ukraine "About electronic confidential services".

3. The public institution receives on a contract basis such qualified electronic confidential services:

creation, conducting check and confirmation of the qualified digital signature or seal;

forming, conducting check and confirmation of action of the qualified digital signature certificate or seal;

forming, conducting check and confirmation of action of the qualified certificate of check of authenticity of the website;

forming, conducting check and confirmation of qualified electronic mark of time;

implementation of the registered electronic delivery;

storage of the qualified digital signatures, seals, marks of time and certificates connected with these services.

Procurement of qualified electronic confidential services is conducted according to the Law of Ukraine "About public purchases".

4. Public institutions and their workers for certification of action of open key use only qualified certificates of open keys.

The signing parties - representatives of public institution use exclusively qualified certificates of open keys of signers - representatives of public institution and the protected carriers of personal keys.

Other employees of public institution for preparation, coordination and signing of drafts of electronic documents use qualified certificates of open keys of signers - representatives of public institution or personal qualified certificates of open keys in which identification data of the relevant public institutions are not specified.

5. Requirements for accounting of signers - representatives of public institution, accounting of means of the qualified digital signature, applied by signers - representatives of public institution, storage and destruction of their personal keys, and also rendering electronic confidential services to the skilled supplier (further - the skilled supplier) information necessary for forming, cancellation, blocking or renewal of qualified certificates of open keys of signers - representatives of public institution, are determined by the decision of public institution (head) if other is not established by the law.

6. The organization of use of qualified electronic confidential services in public institution is provided by the responsible division performing the corresponding functions or the worker determined by the decision of such organization (head). The responsible division (worker) provides:

preparation and representation of information to the skilled supplier necessary for receipt of qualified electronic confidential services;

the paragraph third is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 17.03.2021 No. 227

acquaintance of signers - representatives of public institution with rules of application of qualified electronic confidential services and control of their observance;

interaction with the skilled supplier concerning use of qualified electronic confidential services;

representation of statements to the skilled supplier concerning cancellation, blockings or recoveries of qualified certificates of open keys of signers - representatives of public institution;

accounting of signers - representatives of public institution;

accounting of means of the qualified digital signature (including the protected carriers of personal keys) which are applied by signers - representatives of public institution;

control of use by signers of means of the qualified digital signature or seal and storage of personal keys by them.

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