Russian President Dmitry Medvedev signed into effect the Federal Laws “On Electronic Signatures” and “On the Introduction of Amendments to Certain Legislative Acts of the Russian Federation, in Connection with the Adoption of the Federal Law “On Electronic Signatures,” the Kremlin’s press service reported this evening.
This law is intended to eliminate shortcomings within Federal Law #1-ФЗ from January 10, 2002 “On Electronic Digital Signatures,” and also to expand the utilization of electronic signatures to new areas. The law regulates certain "legally significant actions" which use electronic signatures, such as within civil law transactions, the provision of government and municipal services, and the concerning government and municipal functions.
Yet, the major provision of the current law remains in force: the use of electronic signature in corporate IT systems is to be regulated by either the owner of that system or by an agreement between the parties involved. The signature key certificates issued in accordance with the current law will continue to be valid after the adoption of the bill and until their expiration as set by the certificates or the deadline agreed upon by the parties involved.
In addition, the new federal law regulates how different types of electronic signatures are to be used and also regulates how signature key certificates should be issued and used, how electronic signatures are verified, and how verification center services shall be regulated and accredited.
The bill defines three types of electronic signatures: simple, complex, and qualified.
A simple electronic signature may be used for signing electronic communication sent to government or municipal agencies or a state official. However, state and local government agencies can set cases in which electronic reports sent to them cannot be signed by a simple electronic signature. They may require a different type of electronic signature or demand a paper document. Such acts should, however, consider the bill's other regulations and other requirements about the use of certain types of signatures.
Complex electronic signatures can be used in all types of communication, unless prohibited by other regulatory acts or by an agreement between the parties involved.
Qualified electronic signature can be used by individuals and legal entities when communicating with state or municipal agencies concerning the provision of government or municipal services concerning the rights and duties of individuals and legal entities under state and local government governments.
The other federal law concerning amending other federal laws, in particular, is concerned with applying the same terminology as used in the federal law “On Electronic Signatures.”
In light of this, changes will be introduced into the first part of the Civil Code, the Arbitrage Procedural Code, and the federal laws “On Credit Histories,” “On Information, Information Technologies, and on the Protection of Information,” “On the Organization of the Provision of Government and Municipal Services,” and “On the Introduction of Amendments to Certain Legislative Acts of the Russian Federation, in Connection with the Adoption of the Federal Law “On the Organization of the Provision of Government and Municipal Services.”
Translated by Alinga Consulting Group.
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