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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of February 21, 2022 No. 223

About approval of organizational engineering requirements to procedure for storage, use and canceling of the powers of attorney specified in articles 17.2 and 17.3 of the Federal law "About the Digital Signature"

(as amended on 11-09-2024)

According to part 2 of article 17.5 of the Federal law "About the Digital Signature" Government of the Russian Federation decides:

1. Approve the enclosed organizational engineering requirements to procedure for storage, use and canceling of the powers of attorney specified in articles 17.2 and 17.3 of the Federal law "About the Digital Signature".

2. This resolution becomes effective since March 1, 2022 and is effective till March 1, 2028.

Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of February 21, 2022 No. 223

Organizational engineering requirements to procedure for storage, use and canceling of the powers of attorney specified in articles 17.2 and 17.3 of the Federal law "About the Digital Signature"

1. This document establishes organizational engineering requirements to procedure for storage, use and canceling of the powers of attorney specified in articles 17.2 and 17.3 of the Federal law "About the Digital Signature" (further - the power of attorney).

I. Requirements to procedure for storage of the power of attorney

2. The power of attorney is stored in the following information systems:

a) the federal state information system "Single System of Identification and Authentication in the Infrastructure Providing Information and Technological Interaction of the Information Systems Used for Provision of the State and Municipal Services Electronically" (further - single system of identification and authentication);

b) information systems of the accredited certification centers specified regarding 1 article 15 of the Federal law "About the Digital Signature", except for information systems, specified in the subitem "v" of this Item;

c) information systems of the certification centers which obtained accreditation;

d) information systems of the accredited confidential third parties;

e) information systems of operators of electronic document management, requirements to which are established by federal executive body, authorized to perform functions on control and supervision in the field of taxes and fees;

e) information system in which it is signed and from which the electronic document signed by the strengthened qualified digital signature of the representative based on the power of attorney goes;

g) information systems of federal executive bodies or bodies of state non-budgetary funds of the Russian Federation, the state information system of the city of Moscow determined by regulatory legal act of the supreme executive body of the federal city of Moscow.

3. In case of placement of the power of attorney by person which issued the power of attorney (further - the principal), for storage in the information systems specified in Item 2 of this document, operators of the specified information systems provide:

fixing of date and arrival time of the power of attorney;

automatic creation of confirmation of the fact of receipt of the power of attorney;

automatic signing of confirmation of placement of the power of attorney the strengthened qualified digital signature of the operator of information system and the direction of confirmation about placement of the power of attorney to the principal.

In the presence of the data exchange agreement between two operators of the information systems specified in subitems "b" - "d" and Item 2 of this document, one operator of information system has the right to perform the direction on storage of the power of attorney to other operator of the information system specified in such power of attorney and which is information system which gives technical capability of receipt of information on early termination of operation of the power of attorney, including owing to its canceling by the principal.

The direction of the power of attorney is performed by the principal in single system of identification and authentication and the direction by the operator of single system of identification and authentication to the principal of confirmation about placement of the power of attorney with use of the federal state information system "Single Portal of the State and Municipal Services (Functions)" (further - the Single portal) or information system of the principal by means of single system of interdepartmental electronic interaction.

Confirmation of placement of the power of attorney contains information which is unambiguously specifying the placed power of attorney.

Provisions of the paragraph of the fourth this Item can not be applied in case of placement of the power of attorney in information system which operator is the federal executive body authorized on law-enforcement functions on ensuring execution of the federal budget, treasurer servicing of execution of budgets of budget system of the Russian Federation.

4. Operators of the information systems specified in Item 2 of this document and other operators of information systems in which the power of attorney is issued shall fulfill requirements imposed to the measures and information security products providing confidentiality, integrity and availability of the power of attorney which are determined according to safety hazards of personal data in case of their processing in the specified information systems according to provisions of article 19 of the Federal law "About Personal Data", including by transfer of the data containing in the power of attorney, in single system of identification and authentication and from it in other information systems with use of the Single portal.

5. Features of storage of the power of attorney in the information systems specified in subitems "a", "b" and "zh" of Item 2 of this document are determined by the operator of the corresponding information system, except as specified, when the principal is operator of information system.

Features of storage of the power of attorney in the information systems specified in subitems "v" - "e" Item 2 of this document, are determined based on the agreement between person which issued the power of attorney and the operator of information system in which the power of attorney is stored.

6. Operators of the information systems specified in subitems "b" - Item 2 of this document, after adoption of the power of attorney on storage without delay transfer the following data on the power of attorney to single system of identification and authentication:

a) date of making of the power of attorney;

b) single registration number of the power of attorney (GUID);

c) information about the principal;

d) information about the representative;

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