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Ministry of Justice

Republic of Moldova

of April 24, 2004 No. 673

ORDER OF SERVICE OF INFORMATION AND SAFETY OF THE REPUBLIC OF MOLDOVA

of April 16, 2009 No. 29

About approval of Regulations about permission of disputable situations in the field of application of the digital signature

(as amended of the Order of Service of information and safety of the Republic of Moldova of 15.07.2016 No. 71)

Based on the Law No. 91 of 29.05.2014 on the digital signature and the electronic document and Item 55 of the Regulations on procedure for the application of the digital signature in electronic documents of bodies of the public power approved by the Order of the Government N 320 of March 28, 2006, PRIKAZYVAYU:

1. Approve Regulations about permission of disputable situations in the field of application of the digital signature it (is applied).

2. To impose control of execution of this order on the deputy director of Service of information and safety of the Republic of Moldova mister Mikhail Bodyan.

 

Director of Service of information and safety

Artur Reshetnikov

Appendix

to the Order of the director of Service of information and safety of April 16, 2009 No. 29

Regulations about permission of disputable situations in the field of application of the digital signature

I. Basic provisions

1. These Regulations determine procedure for permission of disputable situations in the field of application of the digital signature.

2. According to these Regulations the disputable situations arising in connection with are subject to consideration:

1) contest of integrity of the electronic document;

2) contest of identification of person which signed the electronic document;

3) contest of powers of the person, signed the electronic document;

4) contest of reality and authenticity of the certificate of public key of the supplier of certified services in scope of the digital signature (further - the supplier of certified services) and the user of the digital signature;

5) contest of scope of the digital signature and other restrictions specified in the certificates of public keys issued by the supplier of certified services;

6) mistrust to devices for creation and/or verification of the digital signature and to the products of the digital signature applied by the supplier of certified services and the user of the digital signature;

7) mistrust to the supplier of certified services;

8) contest of powers of the supplier of certified services;

9) in other cases of emergence of disputable situations in connection with application of the digital signature.

3. Disputable situations are resolved routinely and/or the Commission on permission of disputable situations in the field of application of the digital signature according to these Regulations.

4. In case of the circumstances testimonial of availability of disputable situation, the parties involved in dispute (daleestorona) shall check no later than one working day availability of these circumstances in time and take measures for permission of disputable situation, having informed each other on results of check and on the taken measures.

5. The disputable situation is recognized permitted routinely if any of the parties has at the same time no claims.

6. If the disputable situation was not resolved routinely, the party initiator has the right in time not later than within three working days after emergence of disputable situation to send the notification on disputable situation with the offer on creation of the Commission on permission of disputable situation in the field of application of the digital signature (further - the Commissions) to the defendant party, and also to supplier address of certified services and authorized body.

7. The commission within body of the public power is created based on the decision of the head of this body, and in case of disputable situation between several bodies of the public power, based on the joint decision of heads of the interested bodies.

8. The term of forming of the Commission constitutes five working days from the date of receipt by the defendant party of the notification on disputable situation with the offer on creation of the Commission from the party initiator.

9. The nominal structure of the Commission and the venue of trial within the Commission are determined by the parties specifically for each case.

10. The Commissions are included:

1) agents of the parties;

2) the staff of responsible divisions of the interested bodies of the public power;

3) representative of the supplier of certified services;

4) representative of authorized body;

5) other persons determined by the parties.

11. Persons which are part of the Commission shall have necessary knowledge, work experience in the field of application of the digital signature and creation of electronic documents, to have the admission to the documentary materials and program and/or technical means necessary for carrying out work of the Commission.

II. Rights and obligations of the Commission

12. Tasks of the Commission include consideration at organizational technological level of the circumstances testimonial of availability of disputable situation, establishment of the reasons and effects of this situation, determination of the measures necessary for its permission.

13. The commission has the right:

1) to get access to documentary materials of the parties, necessary for carrying out its work, in paper and electronic form, and also to distribution kits of software and the established program and/or technical means;

2) to obtain the complete information about conditions and procedure for preparation, forming, processing, delivery, execution, storage and accounting of electronic documents;

3) to obtain the complete information about conditions and procedure for production, use and storage of data by the parties for creation of the digital signature, and also other confidential information and its carriers necessary for work of the Commission;

4) to obtain the complete information about conditions and method of operation the parties of program and/or technical means including devices for creation and/or verification of the digital signature and products for the digital signature, and in case of need, to subject them to examination;

5) to perform de novo review of disputable situation in case of new circumstances;

6) to submit proposals within the competence on enhancement legislative and regulations in scope of the digital signature;

7) to involve other persons not dependent on the parties, for adoption of the objective decision on disputable situation;

8) to receive explanations from responsible persons of the parties concerning these or those actions;

9) to obtain from the parties any other information, concerning the considered disputable situation.

14. For conducting necessary checks and documentation of results of these checks the Commission has the right to use special program and/or technical means.

15. In the activities the Commission shall:

To observe 1) acting legislative and regulations;

2) to observe the rights and interests of the parties;

3) to make the proved and reasoned decisions;

4) to keep trade secret and confidentiality of provided information.

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