Overtaken by force-Federal Law of 06.04.2011 N 63-FZ RUSSIAN FEDERATION FEDERAL LAW On electronic digital signature Adopted by the State Duma on 13 December 2001 December 2001 (In the wording of Federal Law of 08.11.2007) N 258-FZ ) CHAPTER I. GENERAL PROVISIONS Article 1. The purpose and scope of this Federal Law 1. The purpose of this Federal Law is to provide legal conditions for the use of electronic digital signature in electronic documents, where the electronic digital signature in an electronic document is deemed to be equivalent of a handwritten signature on a paper document. 2. This Federal Act applies to relations that arise in connection with the commission of civil transactions and in other cases provided for in the legislation of the Russian Federation. This Federal Act does not apply to relations arising from the use of other hand-written signatures. Article 2. Legal regulation of relations in the field use of the digital signature Legal regulation of relations in the field of electronic digital signature is exercised in accordance with with this Federal Law, the Civil Code of the Russian Federation, by the Federal Law " About Information, Informatization and Information Protection ", Federal Law on Communications, and other federal laws and regulations of the Russian Federation, as well as by the agreement of the parties. Article 3. The basic concepts used in this Federal Law For the purposes of this Federal Law, the following basic concepts are used: electronic document-the document in which the information is presented in digital signature; electronic digital signature is an electronic document designed to protect this electronic document from tampering resulting from a cryptographic transformation of information from using the private key of the digital signature and to identify the owner of the signature key certificate and to establish that the information is not misrepresented in the electronic document; the owner of the signing key certificate is a natural person whose name is issued by the certifying authority Signature key certificate and which owns the corresponding private digital signature key, which allows electronic digital signature to be digitally signed electronically (sign online documents); digital media signature hardware and/or software that provides the implementation of at least one of the following functions-the creation of an electronic digital signature in an electronic document using the private key of the electronic digital signature, confirmation from Use of the public key of electronic digital signature of digital signature in an electronic document, creation of private and public digital signature keys; digital signature digital certificate -Paper issued in accordance with the regulations certification systems to verify compliance of electronic digital signature to installed requirements; private digital signature key-a unique sequence of characters known to the owner of a key certificate Signature and intended for electronic digital signature in electronic documents using digital signature; public key of digital signature-a unique sequence of characters, digital signature corresponding to the private key, accessible to any user of the information system and intended for confirmation by using electronic digital signature digital signature in an electronic document; signing key certificate- Paper or electronic document with an electronic digital signature of the authorized person of the certification centre, which includes the public key of the electronic digital signature and which are issued by the certifying authority information system for authentication of digital signatures Signature and identification of the holder of the signature key certificate; authentication of the electronic digital signature in the electronic document is a positive result of the verification by the certified electronic digital signature The signature, using the signature key certificate, of the electronic digital signature in the electronic document to the holder of the signature key certificate and the absence of distortions in the digital signature of the electronic digital signature; signing key certificate user-physical A person who uses the certificate's signature key certificate to verify the ownership of the digital signature to the holder of the signature key certificate; public information system- An information system that is open for use by all individuals and legal entities and for which these persons cannot be refused; corporate information system is an information system that can be used by be a limited number of persons identified by its owner or agreement participants in this information system. Chapter II. THE USE OF ELECTRONIC CIRCUME SIGNATURE Article 4. Conditions for recognition of the equivalence of the electronic digital signature and hand-written signature 1. An electronic digital signature in an electronic document is equivalent to a handwritten signature on a paper on paper, while also complying with the following conditions: Signature key certificate related to this digital signature The signature is valid at the time of the verification, or at the time of signature of the electronic document, when there is evidence that determines the time of signature; confirmed the authenticity of the electronic digital signature in the electronic document; The digital signature is used in matches the information specified in the signing key certificate. 2. An information system participant can be the owner of any number of signing key certificates at the same time. In this case, an electronic document with an electronic digital signature is of legal significance in the implementation of the relations specified in the certificate of the signing key. Article 5. Use of the electronic digital signature tool 1. Electronic digital signature keys are created for use in: public information system participant or by the authentication center; enterprise information system in the order in which the system is installed. 2. When electronic digital signatures are created for use in the public information system, only certified electronic digital signature means must be used. Compensation for damages arising from the creation of electronic digital signature keys by means of electronic digital signature may be transferred to the creators and distributors of these funds in accordance with the law. of the Russian Federation. 3. Use of uncertified electronic digital signature and digital signature keys created by them in corporate information systems of the federal public authorities, public authorities of entities The Russian Federation and local authorities shall not be permitted. 4. The certification of electronic digital signatures is carried out in accordance with the legislation of the Russian Federation on certification of products and services. Article 6. Signing key certificate 1. The signing key certificate must include the following information: unique registration number of the signature key certificate, the start date and expiration date for the signature key certificate, which is in the registry of the authentication center. the name, the name, and the middle name of the owner of the signing key or the owner's alias. If an alias is used, the authentication center writes this to the signing key certificate; public key of the digital signature; name of the digital signature media with which Use this public digital signature key; the name and location of the certifying center that issued the signing key; details of the relationship in which the electronic document was implemented will have a legal value with an electronic digital signature. 2. If necessary, the certificate of the signature key on the basis of supporting documents indicates the position (with the name and location of the organization in which the position is established) and the qualification of the holder of the certificate of the key The Conference of the Parties, 3. The signing key certificate must be entered by the certifying authority in the signature key certificate registry no later than the start date of the signing key certificate. 4. To verify that an electronic digital signature belongs to the owner, the signature key certificate is issued to users with the date and time that the signing certificate is issued, the signing key certificate's certificate action (in effect, the action is suspended, The expiration date, the date and time that the signature key certificate was revoked, and the details of the signature key certificate registry. If the certificate of the signature key is issued in the form of a paper document, the certificate is issued on the form of the certifying centre and certified by the authorized person's signature and the seal of the certifying centre. If the certificate of the signing key and the additional data in the form of an electronic document is issued, the certificate must be digitally signed by the authorized person of the certifying authority. Article 7. { \b Key } { \b } { \b } { \b } { \b The expiration date of the signature key certificate in the form of an electronic document in the certification authority is determined by the contract between the certifying authority and the holder of the signature key certificate. This ensures that the participants in the information system have access to the certification authority to obtain a signing key certificate. 2. The expiry of the certificate of the signature key in the form of an electronic document in the certification authority after revocation of the signature key certificate must be not less than the period of limitation established by the federal law for the relationships specified in the certificate. signing key certificate. At the end of the specified retention period, the signing key certificate is removed from the signature key certificate registry and entered into archival storage. The retention period is not less than five years. The procedure for issuing copies of certificates of signature keys during this period shall be established in accordance with the legislation of the Russian Federation. 3. The certificate key certificate in the form of a paper on paper is stored in accordance with the procedure established by the laws of the Russian Federation on archives and archives case. Chapter III. CENTRES Article 8. The status of the certifying center 1. A certifying centre issuing signing certificates for use in public information systems shall be a legal person performing the functions provided for in this Federal Act. In so doing, the certifying authority must have the necessary material and financial capabilities to enable it to bear the civil liability to the users of the certificates of signature keys for any loss that may be incurred by them. As a result of the lack of accuracy of the information contained in the signature key certificates. The Government of the Russian Federation determines the requirements for the material and financial capabilities of the certifying centres. The status of the certifying centre for the operation of the corporate information system shall be determined by the owner or agreement of the participants in the system. 2.(Spconsumed by Federal Law of 08.11.2007) N 258-FZ) Article 9. Activity of the certifying authority 1. The Certifying Center: produces signature key certificates; creates electronic digital signature keys to address the information system's participants to ensure that the private key is kept secret signatures; suspends and resumes signing key certificates, and revots them; maintains a registry of key signing certificates, ensures that it is up-to-date and has free access to it information systems; checks for uniqueness Open digital signature keys in the certificate keystore and the certifying authority's archive key; issues certificates of signing keys in the form of documents on paper and (or) in the form of electronic documents with information about their operation; provides the user certificates for signing certificates to digitally sign the digital signature in the electronic document for the signing certificates issued by them; can provide members of information systems with other related Use of electronic digital signatures for services. 2. The manufacture of certificates of signature keys is carried out on the basis of a statement by the participant of the information system which contains the information specified in Article 6 of this Federal Law and necessary for the identification of the holder of the certificate of the key their signatures and their transmission. The application is signed by the owner of the signing key certificate. The information contained in the statement is confirmed by the submission of the relevant documents. 3. When making certificates, the certifying key's keys are issued in the form of paper documents in the form of two copies of the signature key certificate, which are certified by the signatures of the holder of the signature key certificate and Authorized person of the certifying centre, as well as the printing of the certifying centre. One instance of the signing key certificate is issued to the signer of the signing key, and the second instance remains in the certifying authority. 4. The services for the issuance of information systems to the participants in the certificates of signing by the certifying authority, together with information on their operation in the form of electronic documents, shall be provided free of charge. Article 10. The relationship between the certifying authority and the federal authority 1. Certifying Center, prior to the use of an electronic digital signature by an authorized person of the Certifying Centre, to certify on behalf of the certifying authority the key of signatures is required to submit to the authorized federal authority The executive shall issue a certificate of signature to the authorized person of the certifying centre in the form of an electronic document, as well as the certificate in the form of a paper on paper with the signature of the designated person, Signed by the head and seal of the certifying authority. 2. The Commissioner of the federal executive branch shall maintain a single public register of certificates of key signatures that certifying centres working with members of public information systems certify the certificates issued by them. The certificates of signing keys provide the possibility of free access to the registry and issue certificates of key signatures from the respective certifying authorities. 3. Electronic digital signatures of authorized certifying officers can be used only after they have been incorporated into a single public registry of signature keys. The use of these electronic digital signatures for purposes other than certification of key signatures and details of their operation is not permitted. 4. The Commissioner of the federal executive body: operates on appeals of individuals, organizations, federal bodies of state power, state authorities of the constituent entities of the Russian Federation and bodies of local Self-management to verify the authenticity of electronic digital signatures of the certifying officers ' certifying focal points in the certificates issued by them; implements in accordance with the regulation of the authorized federal authority the executive authority other than the enforcement authority of this Federal Law. Article 11. The { \b } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } Signature key certificate: enter the signing key certificate into the signature key certificate registry; ensure that the signing key certificate is issued to the participants in the information systems. Suspend the signature key certificate when the certificate is owned by its owner. notify the owner of a signing key certificate of facts that have become known to the certifying authority and which can significantly affect the ability to continue using the signing key certificate; other established by legal instruments or by agreement of the parties to the obligation. Article 12. Obligations of the holder of the signature key certificate 1. The signer of the signing key certificate is required: do not use digital signing public and private digital signature keys for digital signatures, if it is known that the keys are being used or used earlier; Store the private key of an electronic digital signature in secret; immediately request that the signature key certificate be suspended if there is reason to believe that the secret key of an electronic digital signature is violated. 2. Failure to comply with the requirements set out in this article shall be vested in the holder of the signature key certificate. Article 13. Suspending a signature key certificate 1. The certificate of the signing certificate may be suspended by the certifying authority on the basis of an indication of the persons or authorities having such a right by law or contract, and in the corporate information system also by the rules established for it use. 2. The period from the receipt of the certificate of suspension of the signature key certificate until the relevant information is entered in the registry of the signature keys must be established in accordance with the common owners the signature keys certificates are the rule. This period may be reduced by agreement between the certifying authority and the holder of the signing certificate. 3. The operation of a signature key certificate by reference to an authorized person (body) shall be suspended for a period of time, unless otherwise stipulated by a normative legal act or a treaty. The certifying centre resumes the certificate of the signature key by order of the authorized person (body). If, after the expiry of the period specified, no indication of the renewal of the certificate of the signature key is received, the certificate is subject to cancellation. 4. According to the certificate of the authorized person (authority) on the suspension of the certificate of the signing certificate, the certification authority notifies the users of certificates of the keys of the signatures by entering the certificate of the signing keys in the registry the relevant information, indicating the date, time and duration of the suspension of the certificate of the signing key, and shall notify the holder of the signature key certificate and the authorized person (the authority) from which the order of suspension has been issued. signing key certificate actions. Article 14. Revoking a signature key certificate 1. The certifying key issuing the signing key is obligated to revoke it: when its validity expires; , when the legal effect of the certificate of the electronic digital signature is lost Public information systems; , in the event that the certifying authority has become aware of the termination of the document on the basis of which the signature key certificate is issued; upon application in writing signature key certificate holder form; in other established by legal acts or by agreement of the parties. 2. In the event of revocation of the signing certificate, the certifying authority notifies the users of the signing key certificates by entering the relevant information in the certificate key with the date and time of the revocation. a signature key certificate, except for the revocation of a signature key certificate after the expiry of its validity period, and shall notify the holder of the signature key certificate and the authorized person (the authority) from which the certificate was issued revocation the signing key certificate. Article 15. Terminating the certifying authority 1. The activities of the certifying centre issuing signing certificates for use in public information systems may be terminated in accordance with the procedure established by civil law. 2. In the event of the termination of the activities of the certifying centre referred to in paragraph 1 of this article, certificates of signature keys issued by the certifying centre may be transferred to another certifying authority in consultation with the owners. Signing key certificates. Signing key certificates, which are not transferred to another certifying authority, are revoked and deposited in accordance with article 7 of this Federal Law to the authorized federal executive authority. 3. The activities of the Certifying Centre for the operation of the corporate information system shall be terminated by the decision of the owner of the system, as well as by agreement of the participants in the system in connection with the transfer of the obligations of the system. The identification centre of the other certifying centre or in connection with the liquidation of the corporate information system. CHAPTER IV. THE USE OF THE ELECTRONIC SIGNATURE Article 16. Use of the electronic digital signature in public administration 1. The federal organs of state power, the authorities of the constituent entities of the Russian Federation, the local authorities, as well as the organizations involved in the circulation of documents with these bodies, shall use their own organs to sign their own documents. Electronic digital signatures of authorized persons of designated entities, organizations. 2. Certificates of signatures of authorized persons of the federal state authorities are included in the register of certificates of signing keys maintained by the authorized federal executive authority and issued to the users of the certificates Signing keys from this registry in the manner prescribed by this Federal Law for the Certifying Centres. 3. The procedure for the organization of the issuance of certificates of keys to the signatures of authorized persons of the State authorities of the constituent entities of the Russian Federation and the authorized persons of the local self-government bodies shall be established by normative legal acts of the respective bodies. the authorities. Article 17. Use the electronic digital signature in Enterprise Information System 1. A corporate information system that provides participants in the public information system with the services of the certifying centre of the corporate information system must comply with the requirements established by this Federal Law for public information systems. 2. The use of electronic digital signatures in the corporate information system is determined by the decision of the owner of the enterprise information system or by the agreement of the participants of the system. 3. Contents of information in signature key certificates, procedures for the registry of keys of signatures, procedure for storing certificate revocation certificates, cases of loss of specified legal force in corporate certificates The information system is regulated by the decision of the owner of the system or the agreement of the members of the corporate information system. Article 18. Recognition of foreign certificate of a signature key Foreign certificate of the signature key, certified in accordance with the law of the foreign State in which the signature key certificate is registered, shall be recognized as OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 19. The print substitution cases 1. The contents of the paper, certified by the press and converted to an electronic document, may be certified by the electronic digital signature of the authorized person in accordance with legal acts or agreements of the parties. 2. In cases prescribed by laws and other regulatory legal acts of the Russian Federation or by agreement of the parties, an electronic digital signature in an electronic document whose certificate contains information necessary for the implementation of this relationship The authority of its owner is recognized as equivalent to the signature of the person in the paper on paper, certified by the press. CHAPTER V. CONCLUDING AND TRANSITIONAL PROVISIONS Article 20. The regulation of legal acts in conformity with this Federal Law 1. The legal acts of the Russian Federation shall be brought into conformity with this Federal Law within three months from the date of the entry into force of this Federal Law. 2. The constituent documents of the certifying centres issuing signing certificates for use in public information systems are to be brought into compliance with this Federal Law within six months of the date of their use The entry into force of this Federal Act. Article 21. Transitional provisions Certifying centres established after the entry into force of this Federal Act prior to the commencement of the authorized federal executive authority of the registry of signature keys shall be responsible To the requirements of this Federal Law, except for the requirement to pre-present the certificates of the keys of the signatures of their authorized persons to the authorized federal executive authority. The relevant certificates shall be submitted to the said authority not later than three months after the date of the entry into force of this Federal Law. President of the Russian Federation Vladimir Putin Moscow, Kremlin 10 January 2002 N 1 FZ