ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of June 29, 2021 No. 1044

About approval of the Regulations on federal state control (supervision) in the sphere of the digital signature

According to part 1 of article 16.1 of the Federal law "About the Digital Signature" and Item 2 of part 2 of article 3 of the Federal law "About the State Control (Supervision) and Municipal Control in the Russian Federation" Government of the Russian Federation decides:

1. Approve the enclosed Regulations on federal state control (supervision) in the sphere of the digital signature.

2. Realization of the powers provided by the Provision approved by this resolution is performed within the established extreme number of the Ministry of digital development, communication and mass communications of the Russian Federation, and also budgetary appropriations provided to this Ministry in the federal budget on management and management in the sphere of the established functions.

3. This resolution becomes effective since July 1, 2021.

Approved by the Order of the Government of the Russian Federation of June 29, 2021 No. 1044

Regulations on federal state control (supervision) in the sphere of the digital signature

I. General provisions

1. This Provision establishes procedure for the organization and implementation of federal state control (supervision) of activities of accredited certification centers and confidential third parties (further respectively - the state control (supervision), controlled persons).

2. Subject of the state control (supervision) is observance by controlled persons of the mandatory requirements established by the Federal Law "About the Digital Signature" and other regulatory legal acts of the Russian Federation accepted according to it (further - mandatory requirements).

3. The state control (supervision) is exercised by the Ministry of digital development, communication and mass communications of the Russian Federation (further - state control body).

4. Officials of state control body, representatives on implementation of the state control (supervision), are:

a) the head of state control body, deputy managers of state control body who supervise according to distribution of obligations activities of structural divisions of state control body within which scope of maintaining questions of the organization and implementation of the state control (supervision) fall and which official regulations provide powers on implementation of the state control (supervision);

b) heads of structural divisions of state control body within whose scope of maintaining questions of the organization and implementation of the state control (supervision) fall and which official regulations provide powers on implementation of the state control (supervision);

c) officials of structural divisions of state control body whose official regulations provide powers on implementation of the state control (supervision).

5. The officials authorized on decision making about holding control (supervising) actions are the head of state control body, the deputy manager of state control body.

6. The officials specified in item 4 of this provision when holding control (supervising) action within the powers and in volume of the carried-out control (supervising) actions have the rights established by part 2 of article 29 of the Federal law "About the State Control (Supervision) and Municipal Control in the Russian Federation" (further - the Federal Law).

7. In this Provision object of the state control (supervision) (further - object of control) is understood as activities of controlled persons in the sphere of the digital signature within which the mandatory requirements including shown to citizens and the organizations performing these activities shall be observed.

8. Accounting of objects of control is performed by maintaining the list of accredited certification centers posted on the official site of state control body.

Change of information containing in the specified list is provided with authorized officers in case:

receipts in state control body of information provided by controlled persons according to regulatory legal acts;

receipts in state control body of information obtained within interdepartmental interaction, or office information;

receipts in state control body of public information;

acceptances by officials of state control body of decisions on suspension or early termination of accreditation of certification centers;

expirations of accreditation of certification centers.

II. Prevention of risks of damnification (damage) to the values protected by the law

9. When implementing the state control (supervision) the following types of preventive actions can be carried out:

a) informing;

b) generalization of law-enforcement practice;

c) announcement of caution;

d) consultation;

e) preventive visit.

10. The report on law-enforcement practice prepares annually. The state control body provides public discussion of the draft of the report on law-enforcement practice.

11. The report on law-enforcement practice affirms the order of the head of state control body and no later than March 1 of the year following reporting is posted on the official site of state control body on the Internet (further - Internet network).

12. Controlled person has the right within 15 working days from the date of receipt of caution about inadmissibility of violation of mandatory requirements to give to state control body objection concerning the specified caution.

In objection by controlled person are specified:

name of the legal entity or surname, name, middle name (in the presence) individual entrepreneur;

identification taxpayer number of the legal entity or individual entrepreneur;

date and number of the caution directed to the address of controlled person;

reasons for line item concerning the actions (failure to act) of the legal entity, individual entrepreneur specified in caution which bring or can be led to violation of mandatory requirements.

At the same time controlled person has the right to apply to such objections the documents confirming justification of such objections, or their verified copies and to provide them to state control body.

Objections go the mailing controlled by person in paper form to state control body or in the form of the electronic document processed according to article 21 of the Federal Law.

The state control body considers objection following the results of which consideration one of the following decisions is accepted:

cancel the announced caution;

refuse satisfaction of objection.

The state control body sends within 20 working days from the date of receipt of objection to controlled person the answer according to the procedure, the stipulated in Clause 21 Federal Law.

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