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"

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.

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 information system of head certification center which is part of the infrastructure providing information and technological interaction of the information systems used for provision of the state and municipal services electronically;

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 (further - operators of electronic document management);

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.

3. Placement of the power of attorney for storage in the information systems specified in Item 2 of this document is performed in the following procedure:

a) person which issued the power of attorney sends it to one of the information systems specified in Item 2 of this document;

b) after receipt of the power of attorney in the information system specified in Item 2 of this document, the operator of such information system with its use:

fixes date and arrival time of the power of attorney;

automatically creates confirmation about receipt of the power of attorney;

signs confirmation about receipt of the power of attorney automatically the created strengthened qualified digital signature and directs confirmation about receipt of the power of attorney to the principal.

4. Operators of the information systems specified in Item 2 of this document provide confidentiality, integrity and availability of the power of attorney according to the measures for implementation of safety of personal data established by provisions of article 19 of the Federal law "About Personal Data".

5. Features of storage of the power of attorney in the information systems specified in subitems "an" and "b" of Item 2 of this document are determined by the operator of the corresponding information system.

Features of storage of the power of attorney in the information systems specified in subitems "v" - Item 2 of this document, can be 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 to storage without delay report to the information system specified in the subitem "an" of Item 2 of this document, the following data on the power of attorney:

a) date of making of the power of attorney;

b) number of the power of attorney;

c) information about the principal;

d) information about the representative;

e) the identifying information on information system from among the information systems specified in subitems "b" - Item 2 of this document in which storage of the power of attorney, necessary for information request of such information system is performed.

II. Requirements to procedure for use of the power of attorney

7. Use of the power of attorney includes:

a) receipt of the power of attorney in packet with the electronic document signed by the strengthened qualified digital signature based on the power of attorney or receipt of the power of attorney from the information system specified in Item 2 of this document;

b) receipt of result of check of effective period of the power of attorney at the time of signing of the electronic document from the operator of information system in which storage of the power of attorney is performed;

c) check of the powers of the representative specified in the power of attorney;

d) verification of the strengthened qualified digital signature of the principal.

8. Person using the power of attorney provides confidentiality and integrity of the power of attorney according to the measures for implementation of safety of personal data established by provisions of article 19 of the Federal law "About Personal Data".

III. Requirements to procedure for canceling of the power of attorney

9. The principal creates the statement for canceling of the power of attorney (further - the statement) in the information system performing storage of the power of attorney or directs the application created in other information system to the information system performing storage of the power of attorney. The form and format of the statement are established by the operator of information system in which storage of the power of attorney is performed.

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