DECISION OF COUNCIL OF THE EURASIAN ECONOMIC COMMISSION

of September 18, 2014 No. 73

About the Concept of use in case of interstate information exchange of services and effectual in law electronic documents

According to Item 22 of the Regulations on the Eurasian economic commission (appendix No. 1 to the Agreement on the Eurasian Economic Union of May 29, 2014), within implementation of general regulation of integration processes Council of the Eurasian economic commission solved:

1. Approve the enclosed Concept of use in case of interstate information exchange of services and effectual in law electronic documents.

2. This Decision becomes effective from the effective date Agreements on the Eurasian Economic Union of May 29, 2014.

Approved by the Decision of Council of the Eurasian economic commission of September 18, 2014 No. 73

The concept of use in case of interstate information exchange of services and effectual in law electronic documents

I. Need of ensuring legal force of electronic documents in case of cross-border data exchange

According to the legislation of state members of the Eurasian Economic Union (further respectively – state members, the Union) the document in electronic form, signed the digital signature (digital signature) corresponding to the legislation (further – the EDS), is recognized the electronic document equal on legal force to the similar paper document certified by the signature (sign and seal) of the author of such document.

At the same time in state members according to their legislation ensuring legal force of electronic documents and the organization of the protected document flow are constructed on guarantees of their authenticity and integrity by means of application of national cryptographic methods and means.

State members use national standards of cryptographic algorithms of creation and verification of the EDS. The methods of realization of cryptographic algorithms applied by public authorities of state members among themselves are incompatible that is caused by different approaches to ensuring information security.

Application of single cryptographic means of the EDS in case of cross-border electronic data exchange between public authorities of state members is impossible now as according to regulatory framework of state members only the cryptographic means certified according to national standards are allowed to use in state members.

The solution of tasks of reliable and effective integration of geographically distributed state information resources and information systems of bodies of state members, ensuring interaction of authorities of state members in electronic form, including provision of possibility of exchange of electronic documents, effectual in law (or mutually recognized by those), is one of the key directions of works on creation and implementation of the integrated information system of the Eurasian Economic Union (further – the integrated system).

Ensuring cross-border exchange of effectual in law electronic documents in the integrated system is implemented on the basis of application of the created service of the confidential third party which main objectives are:

legalization implementation (authenticity confirmation) of electronic documents and EDS of subjects of information exchange in the fixed timepoint;

ensuring verification of the EDS of the sender created according to the legislation of state member in which jurisdiction there is this sender;

providing guarantees of trust in the international (cross-border) exchange of electronic documents;

ensuring legitimacy of application of the EDS in the proceeding and (or) entering electronic documents according to the legislation of state members and acts of the Eurasian economic commission (further – the Commission).

Use of EDS technology on the basis of infrastructure of open keys will allow to provide reliable identification of senders of electronic documents as confirmation of their declaration of will and competence, and also neotkazuyemost of authorship and control of integrity of the transferred electronic documents.

II. Determinations

For the purposes of this Concept concepts which mean the following are used:

"the confidential third party" – the organization given according to the legislation of state members the right to perform activities for verification of the EDS in electronic documents in the fixed timepoint concerning person which signed the electronic document;

"integration lock" – the hardware and software system providing interaction of interstate and interdepartmental information systems of state members and the Commission in case of data exchange;

"general infrastructure of documentation of information in electronic form" – set of the information and technological and organization-legal actions, rules and decisions realized for the purpose of giving of legal force to the electronic documents used within the Union;

"service of the confidential third party of the integrated system" – set of services of the confidential third party of the state members and the Commission providing single cross-border space of trust of the EDS in case of electronic form of interaction of subjects with means of the integrated system;

"cross-border space of trust" – set legal, organizational and the specifications approved by state members for the purpose of providing trust in case of interstate data exchange and electronic documents between authorized bodies;

"electronic form of interaction" – the method of information exchange based on application of information and communication technologies;

"electronic document type" – information, data, data presented in the form suitable for perception by the person with use of electronic computers and also for transfer and processing with use of information and communication technologies, with observance of the established requirements to format and structure;

"the electronic document" – the document in electronic form certified by the EDS and meeting the requirements of general infrastructure of documentation of information in electronic form;

"the legal importance of the electronic document" – the property of the electronic document allowing to perceive contents of this document as authentic;

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