FEDERAL LAW OF THE RUSSIAN FEDERATION

of April 6, 2011 No. 63-FZ

About the digital signature

Accepted by the State Duma on March 25, 2011

Approved by the Federation Council on March 30, 2011

Article 1. Coverage of this Federal Law

This Federal Law governs the relations in the field of use of digital signatures when making civil transactions, rendering the state and municipal services, execution of the state and municipal functions, when making other legally significant actions, including in the cases established by other Federal Laws.

Article 2. The basic concepts used in this Federal Law

For the purposes of this Federal Law the following basic concepts are used:

1) the digital signature - information electronically which is attached to other information electronically (the signed information) or is otherwise connected with such information and which is used for determination of person signing information;

2) the certificate of key of verification of the digital signature - the electronic document or the paper document issued by certification center or the authorized representative of certification center and confirming accessory of key of verification of the digital signature to the certificate holder of key of verification of the digital signature;

3) the qualified certificate of key of verification of the digital signature (further - the qualified certificate) - the certificate of key of verification of the digital signature conforming to requirements, the established this Federal Law and other regulatory legal acts adopted according to it, created by the accredited certification center or federal executive body authorized in the field of use of the digital signature (further - authorized federal body), and being with respect thereto the official document;

4) the certificate holder of key of verification of the digital signature - the person to which in the procedure established by this Federal Law the certificate of key of verification of the digital signature is issued;

5) key of the digital signature - the unique string intended for creation of the digital signature;

6) key of verification of the digital signature - the unique string which is unambiguously connected with key of the digital signature and intended for check of authenticity of the digital signature (further - verification of the digital signature);

7) certification center - the legal entity, the individual entrepreneur or state body or local government body the performing functions on creation and issue of certificates of keys of verification of digital signatures, and also other functions provided by this Federal Law;

8) accreditation of certification center - recognition of compliance of certification center to requirements of this Federal Law;

8. 1) accreditation of the confidential third party - recognition of compliance of the legal entity by authorized federal body to requirements of this Federal Law to the confidential third party;

9) digital signature facilities - the cryptography (cryptographic) tools used for realization at least by one of the following functions - creation of the digital signature, verification of the digital signature, creation of key of the digital signature and key of verification of the digital signature;

10) means of certification center - program and (or) the hardware used for realization of functions of certification center;

11) participants of electronic interaction - the state bodies performing information exchange electronically, local government bodies, the organizations, individual entrepreneurs, and also citizens;

12) enterprise information system - information system, participants of electronic interaction in which constitute certain group of people;

13) information system public - information system, participants of electronic interaction in which constitute the indefinite group of people and which use cannot be refused to these persons;

14) delivery of the certificate of key of verification of the digital signature - transfer by the authorized representative of certification center of the certificate of key of verification of the digital signature created by this certification center to its owner;

15) confirmation of ownership of key of the digital signature - obtaining by certification center, authorized federal body of proofs that person who addressed for receipt of the certificate of key of verification of the digital signature owns key of the digital signature which corresponds to the key of verification of the digital signature specified by such person for receipt of the certificate;

16) the applicant - the commercial organization, non-profit organization, the individual entrepreneur, the physical person which is not registered as the individual entrepreneur, but performing professional activity, revenue-producing according to the Federal Laws based on state registration and (or) the license, owing to membership in self-regulatory organization, and also any other physical person, persons, replacement state positions of the Russian Federation or the state positions of subjects of the Russian Federation, officials of state bodies, local government bodies, employees of the organizations subordinated to such bodies, notaries and representatives on making of notarial actions of person (further - notaries), the verifications of the digital signature filing the corresponding petition on issue of the certificate of key in certification center behind receipt of the certificate of key of verification of the digital signature as future owner of such certificate;

17) the confidential third party - the legal entity performing activities for verification of the digital signature in electronic documents in specific timepoint concerning person which signed the electronic document for providing trust in case of data exchange and electronic documents and other functions provided by this Federal Law;

18) means of the confidential third party - program and (or) the hardware used for rendering services by the confidential third party, which underwent the procedure of confirmation of conformity to the requirements established according to this Federal Law;

19) tag of confidential time - the reliable information electronically about date and time of signing of the electronic document the digital signature created and checked by the confidential third party, certification center or the operator of information system and received at the time of signing of the electronic document by the digital signature in the procedure established by authorized federal body with use program and (or) the hardware which underwent the procedure of confirmation of conformity to the requirements established according to this Federal Law.

Article 3. Legal regulation of the relations in the field of use of digital signatures

1. The relations in the field of use of digital signatures are governed by this Federal Law, other Federal Laws adopted according to them regulatory legal acts, and also agreements between participants of electronic interaction. If other is not established by the Federal Laws adopted according to them regulatory legal acts or the decision on creation of enterprise information system, the procedure for use of the digital signature in enterprise information system can be installed by the operator of this system or the agreement between participants of electronic interaction in it.

2. Types of the digital signatures used by executive bodies and local government bodies, procedure for their use, and also the requirement about ensuring compatibility of means of digital signatures under the organization of electronic interaction of the specified bodies among themselves are established by the Government of the Russian Federation.

Article 4. Principles of use of the digital signature

The principles of use of the digital signature are:

1) the right of participants of electronic interaction to use the digital signature of any kind at discretion if the requirement about use of specific type of the digital signature according to the purposes of its use is not provided by the Federal Laws or regulatory legal acts adopted according to them or the agreement between participants of electronic interaction;

2) possibility of use by participants of electronic interaction at discretion any information technology and (or) technical means allowing to fulfill requirements of this Federal Law in relation to use of specific types of digital signatures;

3) inadmissibility of recognition of the digital signature and (or) the electronic document signed by it not having legal force only based on the fact that such digital signature is created not with own hand, and with use of digital signature facilities for automatic creation and (or) automatic verification of digital signatures in information system.

Article 5. Types of digital signatures

1. Types of digital signatures which relations in the field of use are regulated by this Federal Law are the simple digital signature and the strengthened digital signature. Differ the strengthened unqualified digital signature (further - the unqualified digital signature) and the strengthened qualified digital signature (further - the qualified digital signature).

2. The simple digital signature is the digital signature which by means of use of codes, passwords or other means confirms the fact of forming of the digital signature by certain person.

3. The unqualified digital signature is the digital signature which:

1) it is received as a result of cryptographic information transform with use of key of the digital signature;

Person which signed the electronic document allows to determine 2);

The fact of modification of the electronic document after the moment of its signing allows to find 3);

4) it is created with use of digital signature facilities.

4. The qualified digital signature is the digital signature which corresponds to all signs of the unqualified digital signature and the following additional signs:

1) the key of verification of the digital signature is specified in the qualified certificate;

2) for creation and verification of the digital signature the digital signature facilities having confirmation of conformity to the requirements established according to this Federal Law are used.

5. When using the unqualified digital signature the certificate of key of verification of the digital signature can not be created if compliance of the digital signature to signs of the unqualified digital signature, the established this Federal Law, can be provided without use of the certificate of key of verification of the digital signature.

Article 6. Conditions of recognition of the electronic documents signed by the digital signature, equivalent to the paper documents signed by the sign manual

1. Information electronically signed by the qualified digital signature is recognized the electronic document, equivalent to the paper document signed by the sign manual and can be applied in any legal relationship in accordance with the legislation of the Russian Federation, except case if the Federal Laws or regulatory legal acts adopted according to them establish the requirement about need of creation of the document exclusively on paper.

2. Information electronically signed by the simple digital signature or the unqualified digital signature is recognized the electronic document, equivalent to the paper document signed by the sign manual the cases established by the Federal Laws adopted according to them regulatory legal acts, regulations of the Central bank of the Russian Federation (further - regulatory legal acts) or the agreement between participants of electronic interaction, including rules of payment systems (further - agreements between participants of electronic interaction). The regulatory legal acts and agreements between participants of electronic interaction establishing cases of recognition of the electronic documents signed by the unqualified digital signature equivalent to the documents on papers signed by the sign manual shall provide procedure for test of the digital signature. The regulatory legal acts and agreements between participants of electronic interaction establishing cases of recognition of the electronic documents signed by the simple digital signature equivalent to the documents on papers signed by the sign manual shall conform to requirements of article 9 of this Federal Law.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info