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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of March 3, 2020 No. 193

About implementation of the pilot project on possibility of use of advanced digital signatures and seals which are based on qualified certificates of public keys

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

For the purpose of ensuring availability of the electronic confidential services Cabinet of Ministers of Ukraine decides:

1. Agree with the offer of the Ministry of digital transformation and Administration of Public service of special communication and information protection on implementation of the pilot project on possibility of use of advanced digital signatures and seals which are based on qualified certificates of public keys (further - the pilot project).

The pilot project is implemented about day of entry into force of changes in the Law of Ukraine "About electronic confidential services" concerning settlement of use of advanced digital signatures and seals which are based on qualified certificates of public keys, but no later than till March 5, 2022.

2. Approve requirements to advanced digital signatures and seals which are based on qualified certificates of public keys and provisions of the electronic confidential services connected with their creation, check, confirmation and storage which are applied.

3. Determine that:

1) advanced digital signatures or seals which are based on qualified certificates of the public keys conforming to the requirements approved by Item 2 of this resolution can be used by users of electronic confidential services for implementation of electronic interaction, electronic identification and authentication of physical, legal entities and representatives of legal entities in case the legislation provides use of exclusively qualified digital signatures or seals (means of the qualified digital signature or seal, qualified electronic confidential services) or means of electronic identification with the high level of trust, except:

use of qualified digital signatures or seals for realization by public authorities, local government bodies, companies, organizations and organizations of the state pattern of ownership, the state loggers, notaries and other subjects authorized by the state on implementation of functions of the state logger, 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;

use of qualified digital signatures or seals by skilled suppliers of electronic confidential services and the central certifying body;

applications only means of the qualified digital signature or seal which have the built-in hardware and software providing protection of the data written on them against illegal access, against direct acquaintance with parameter value of personal keys and their copying (the protected carriers of personal keys);

uses of qualified digital signatures or seals on objects of critical information infrastructure for implementation of electronic interaction, electronic identification and authentication of physical, legal entities and representatives of legal entities if use of electronic confidential services for the similar purposes is connected with high risk for information security which is determined by owners of the corresponding information and information and telecommunication systems;

making electronically the transactions which are subject to the notarial certificate and/or state registration in the cases established by the law;

2) the electronic confidential services connected with creation, check, confirmation and storage of advanced digital signatures or seals which are based on qualified certificates of public keys are provided by exclusively skilled suppliers of electronic confidential services taking into account the requirements approved by Item 2 of this resolution;

3) results of provision of the electronic confidential services connected with creation, check, confirmation and storage of advanced digital signatures or seals which are based on qualified certificates of public keys are recognized public authorities, local government bodies, and also other persons providing electronic public (including administrative) services, and users of electronic confidential services;

4) owners of information and information and telecommunication systems through which electronic public (including administrative) services are provided with use by users of electronic confidential services of advanced digital signatures or seals which are based on qualified certificates of public keys shall provide also technical capability of use of qualified digital signatures or seals for obtaining such electronic public (including administrative) services through the corresponding information and information and telecommunication systems;

5) operation of this resolution does not extend to provision of electronic confidential services in bank system of Ukraine and during money transfer implementation.

4. The paragraph of the seventh of item 4 of the Procedure for storage of documentary information and its transfer to the central certifying body in case of the termination of activities of the skilled supplier of electronic confidential services approved by the resolution of the Cabinet of Ministers of Ukraine of October 10, 2018 No. 821 (The Official Bulletin of Ukraine, 2018, No. 82, the Art. 2719), after the word "seals" to add with words "(except personal keys for advanced digital signatures or seals which are based on qualified certificates of public keys)".

5. To the ministries, to another central and to local executive bodies within two months from the date of entry into force of this resolution to provide technical capability of use according to requirements of this resolution of advanced digital signatures and seals which are based on qualified certificates of public keys, for implementation of electronic interaction, electronic identification and authentication of physical, legal entities and representatives of legal entities in information and information and telecommunication systems, owners of information in which are the relevant ministries, others central and local executive bodies, the companies, organizations and the organizations belonging to the sphere of their management.

6. Recommend to other state bodies, local government bodies, and also other persons which provide electronic public (including administrative) services, to provide technical capability of use according to requirements of this resolution of advanced digital signatures and seals which are based on qualified certificates of public keys, for implementation of electronic interaction, electronic identification and authentication of physical, legal entities and representatives of legal entities in information and information and telecommunication systems, owners of information in which are the relevant state bodies, local government bodies, the companies, organizations and the organizations belonging to the sphere of their management and also other persons which provide electronic public (including administrative) services.

7. To the ministry of digital transformation and Administration of Public service of special communication and information protection:

bring own regulatory legal acts into accord with this resolution;

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