RUSSIAN FEDERATION FEDERAL LAW On amending the Federal Law On electronic signature Adopted by the State Duma on December 22, 2015 Approval by the State Duma Federation Council on 25 December 2015 Article 1 " (Legislative Assembly of the Russian Federation, 2011, Art. 2036; N 27, est. 3880; 2013, N 27, sect. 3477; 2014, N 11, st. 1098; N 26, est. 3390) The following changes: 1) in Article 2: (a) Paragraph 3 restates: " 3) qualified certificate of the electronic signature verification key (hereafter referred to as a qualified certificate)-a key certificate verification of an electronic signature meeting the requirements established by this Federal Law and other regulatory legal acts issued by this Federal Law and by an accredited certifying authority or federal authority the power of the executive branch of the (hereinafter referred to as the federal authority); "; (b) in paragraph 7 of the word" or individual entrepreneo "shall be replaced by the words", sole proprio or public authority or local government authority "; (in) to complete paragraphs 14 and 15, as follows: " 14) the service of the electronic signature verification key certificate-the transfer by the trustee of the Certifying Centre of the verification key produced by the certifying centre electronic signature; 15) Confirmation possession of an electronic signature key-obtaining by the certifying authority authorized by the federal authority that the person requesting the receipt of the electronic signature verification key is in possession of the electronic signature key, which corresponds to the verification key of the electronic signature specified by such person for the receipt of the certificate. "; (2) in paragraph 2 of article 5, paragraph 2, of the word" certified conformity "shall be replaced by the words" evidence of conformity "; 3) part 1 of Article 6 after the words " signed and may be used in any legal relationship in accordance with the law of the Russian Federation, "; 4) in article 8: (a), paragraph 1, of Part 2, as follows: " (1) The accreditation of certification centres shall be carried out to verify compliance by accredited certifying centres with the requirements established by this Federal Law and other regulatory legal instruments adopted by it. of acts, including the requirements for which they are The centres were accredited and, in the case of non-compliance with these requirements, issues orders for the elimination of the detected breaches; "; b) in Part 3: in paragraph 2 of the word" and cancelled " delete; in paragraph 3 the word "cancelled" replaced by "premate"; paragraph 6 after" registries "add" issued by accredited authentication centres "; in Part 4: paragraph 1 after the word" registries " to add the words "issued by accredited certifying centres"; paragraph 2 after the words "maintenance of registries" is supplemented by the words "issued by accredited certifying centres"; paragraph 3, after the words "this Federal Act and", to supplement the words "other regulatory measures taken in accordance with it". legal acts, including requirements, "; to supplement paragraphs 4 and 5 with the following: " (4) requirements for the implementation of the functions of the accredited certifying centre and the performance of its duties by and pursuant to this Federal Act by regulatory legal acts, in agreement with the federal executive authority in the field of security; 5) the format of the electronic signature, which is obligatory for all means of electronic signature, by agreement with the federal executive authority in the field of security. "; g) in Part 5: paragraph 1 should be amended to read: " 1) in agreement with the authorized federal authority requirements for the form of a qualified certificate and confirmation rule ownership of the electronic signature key; "; to supplement paragraph 4 with the following: " 4), in agreement with the authorized federal authority, establishes additional requirements for the implementation of the functions of the accredited and to ensure the information security of the accredited certifying centre. "; 5), in article 10, paragraph 4, the words" confirmed compliance " should be replaced by the words "proof of conformity"; 6) in paragraph 3 of the 11 words "confirmed compliance" should be replaced by the words "having proof of conformity"; 7) in article 12: (a), to supplement paragraph 3 with the following: " 3) allow for the creation of an electronic a signature in a format set by the federal executive body responsible for the formulation and implementation of public policies and regulatory and regulatory measures in the field of information technology, enabling it to verify by all means of electronic signature. "; b) Part 2, paragraph 1, amend to read: " 1) to display independently or by using software, hardware, and hardware necessary to display the information signed using the specified of the electronic signature; the content of the information to be signed; "; , paragraph 1, paragraph 1, amend to read: " 1) to display independently or with the use of software, hardware and software prerequisites for the display of information signed using the specified means, the content of the electronic document signed by the electronic signature; "; 8) in article 13: (a) in Part 1: paragraph 1, in addition to the words", The conditions for establishing the identity of the recipient of the certificate (applicant) or the authority of the person acting on behalf of the applicant to apply for the certificate in accordance with the requirements established in accordance with article 8, paragraph 4, paragraph 4 of this Federal Law "; to supplement paragraph 1-1 of the following The content: " 1-1) carries out, in accordance with the rules of proof of ownership of the electronic signature, the applicant's ownership of the electronic signature key that corresponds to the verification key of the electronic signature specified by the applicant for the "obtain a certificate of the verification key of an electronic signature;"; b) Part 2 add the following: " 5) to deny the applicant the creation of a certificate for the verification key of an electronic signature in the event that there was no signature confirmed that the claimant owns the electronic signature key, which corresponds to the verification key of the electronic signature specified by the applicant to obtain the electronic signature verification key; 6) to deny the applicant the creation of a certificate of the electronic signature verification key in the event of a negative The result of the verification in the certificate registry of the uniqueness of the electronic signature verification key specified by the applicant for obtaining the electronic signature verification key certificate. "; in) to be supplemented with Part 2-1, as follows: " 2-1. The certifying centre is prohibited from indicating in the certificate of electronic signature verification key the electronic signature verification key is contained in the certificate of the electronic signature verification key issued to the certifying authority. by any other certifying centre. "; ), Part 4, as follows: " 4. The certifying authority is entitled to provide third persons (hereinafter referred to as proxies) with the authority to present certificates of electronic signatures on behalf of the certifying centre. When the certificate of the electronic signature verification key is served, the trustee shall establish the identity of the recipient of the certificate (s) or the authority of the person acting on behalf of the applicant for the receipt of the certificate in In accordance with the procedures established by the certifying authority, the certifying authority and the performance of his or her certifying authority to service the electronic signature verification certificates by the certification authority of article 8, paragraph 4, of this Federal Act requirements. "; d) Part 7 after the words" unless otherwise specified "by the words" by this Federal Law and other "; 9) in article 14: (a) in Part 2: paragraph 1 should read: "1) the unique certificate number of the electronic signature verification key, the start and end dates of the certificate;"; paragraph 3, state the following: "3) a unique electronic signature verification key;"; b) to be completed with Part 6-1, to read: " 6-1. The Certifying Center revots the electronic signature verification key certificate in the following cases: 1) does not confirm that the owner of the electronic signature verification key certificate owns the key of the electronic signature The verification of the electronic signature specified in the certificate; 2) specifies that the electronic signature verification key contained in the certificate is already contained in a previously created electronic signature verification key certificate. 3) came into effect the court's decision, which, inter alia, is determined that the electronic signature verification key certificate contains false information. "; in) Part 7, as follows: " 7. Information on the termination of the certificate of the electronic signature verification key shall be entered by the certifying authority in the certificate registry within twelve hours of the occurrence of the circumstances specified in parts 6 and 6 to 1 of this article, or within 12 hours of the date on which the certifying authority became known or should have been aware of the occurrence of such circumstances. The certificate of the electronic signature verification key shall cease to be valid from the time of entry into the certificate registry. "; Part 8 of the void; 10) in article 15: (a) to be supplemented with Part 2-1 , to read: " 2-1. The accredited certifying authority shall be required to use a qualified electronic signature, based on a qualified certificate issued to it by the head certifying authority, to sign the certificate of his or her name. The functions of which are carried out by the authorized federal authority. The authorized certifying authority is prohibited from using a qualified electronic signature based on a qualified certificate issued to him by the head certifying authority, the function of which is exercised by the authorized federal authority. authority, for the purpose of signing non-qualified certificates. "; b) Part 3: " 3. The Accredited Certifying Centre is required to provide free access to any person using information and telecommunication networks, including the Internet, to the register of qualified certificates of this accredited At any time during the period of operation of the certifying centre, unless otherwise specified by federal laws or regulations adopted by law. "; Part 4, paragraph 2, after In the words "in accordance with the established procedure", add the words "issued by that Committee". by the Accredited Certifying Centre "; g) to supplement Parts 5 to 7 as follows: " 5. The accredited certification centre is required to perform the functions of the Accredited Certifying Centre and the performance of its duties as established by such accredited certifying authority in accordance with the approved certification authority. authorized by the federal authority to exercise the functions of the Accredited Certifying Centre and the performance of duties, as well as with this Federal Law and other regulatory legal acts adopted in accordance with A true federal law. 6. The Accredited Certifying Centre shall not have the authority to assign qualified electronic signatures and qualified certificates to third parties on behalf of such accredited certifying centre. 7. The Accredited Certifying Centre shall bear the civil and (or) administrative liability in accordance with the law of the Russian Federation for non-performance of duties established by this Federal Law and other measures. In accordance with it, the legal acts and the procedures for the realization of the functions of the accredited certifying centre and the performance of its duties. "; 11) in article 16: (a) Part 1, as follows: " 1. The accreditation of the certifying centres shall be carried out by the authorized federal authority in respect of the certifying centres which are legal persons. "; b) in Part 3: in paragraph 1 of the word" one million roubles " to be replaced by the words "7 million rubles"; in paragraph 2, the words "one and a half million roubles" shall be replaced by the words "30 million rubles and 500,000 rubles for each location of the licensed activity specified in the license of the federal authority". in the field of safety and security issued by the In accordance with Article 12, paragraph 1, of the Federal Law of 4 May 2011, the number of such places exceeds ten, but not more than 100 million rubles. If the number of locations of the specified licensed activity does not exceed ten, the liability shall be RUB 30 million "; paragraph 3 should read: " 3) availability Electronic signature confirming compliance with the requirements established by the Federal Executive in the field of security, as well as by means of a certifying authority to enable the participant to contact Electronic interaction set and confirm validity A qualified certificate at the time of signing the electronic signature of the electronic document and confirming compliance with the requirements established by the Federal Executive in the field of security; " to supplement paragraph 5 with the following: " (5) availability of an authentication centre for accreditation, the procedures for exercising the certifying centre's functions and the performance of its responsibilities under the approved federal authority The executive branch, which is responsible for the development and implementation of public policies and regulations in the field of information technology, requirements for the implementation of the functions of the Accredited Certifying Centre; and the performance of its duties, as well as with the present Federal Law and other regulatory legal acts adopted in accordance with it. "; in), supplement Part 3-1 as follows: " 3-1. The Certifying Centre, together with the requirements of Part 3 of this article, shall also be entitled to ensure its conformity with the established federal executive authority in the field of security management in consultation with the Commissioner. The Federal Authority has additional requirements for the implementation of the functions of the Accredited Certifying Centre and the performance of its duties, as well as the information security of the accredited certifying centre in cases where the need to meet such additional requirements in certain " In this case, the federal authority shall independently verify the existence of a document confirming conformity with federal law. To supplement the proposal by the federal executive authority in the field of security, using a unified system of inter-agency electronic communication. , to read: " The Certifying Centre is entitled Attach documents confirming the conformity of the certifying centre to the requirements set out in Part 3-1 of this Article. "; d) Part 5, amend to read: " 5. Within a period not exceeding thirty calendar days from the date of acceptance of the statement by the certifying authority, the authorized federal authority shall, on the basis of the documents submitted, decide on the accreditation or rejection of the certifying authority. for accreditation. In the event of a decision on the accreditation of the certifying centre, the authorized federal authority shall notify the certification centre of the decision within a period not exceeding ten calendar days from the date of the decision on accreditation, and shall issue an accreditation A certificate of accreditation in accordance with the established form. Upon receipt of the accreditation certificate, the Accredited Certifying Centre is required to implement an information system that ensures the implementation of the functions of the Accredited Certifying Centre (hereinafter referred to as the Accredited Accredited Centre). ), to information technology and communication infrastructure in accordance with the procedure established under article 19, paragraph 4, of the Federal Act of 27 July 2010 No. 210-FZ " On the organization of the provision of public and municipal services " (hereinafter referred to as infrastructure). Upon the accession of the accredited certification centre to the infrastructure, the authorized federal authority shall issue a certified certificate to the accredited certifying authority, which shall be established by means of the centre of identification. In the event of a decision not to accredit the certifying centre, the authorized federal authority shall not exceed ten calendar days from the date of the decision on refusal of accreditation, shall send or present to the certifying authority notice of the decision giving reasons for refusal. "; e) in Part 7, after the words" the requirements of this Federal Act, "to be supplemented by the words" and other regulatory legal acts adopted under this Federal Act, including the requirements for which these certifying centres were established Accredited, ", the word" annuls "is replaced by the word" terminated "; ) to be supplemented by Parts 7 to 1 and 7 to 2 as follows: " 7-1. The verification of compliance by accredited certifying centres with the requirements of this Federal Law and other regulatory legal acts shall be performed once every three years for the duration of the accreditation except for OF THE PRESIDENT OF THE RUSSIAN FEDERATION The first scheduled verification of compliance by accredited certification centres shall be conducted no later than one year from the date of the accreditation of the certification centre indicated in the certificate of accreditation of the certifying centre. 7-2. The state control (supervision) and municipal control is carried out on the grounds referred to in article 10, paragraph 2, of the Federal Act of 26 December 2008 No. 294-FZ " On the protection of the rights of legal persons and individual State control (supervision) and municipal control ", as well as substantiated allegations of violations of the requirements of this Federal Act and other regulatory measures taken in compliance with it. approved by the Accredited Certifying Centre, which It was submitted to the authorized federal body from the federal executive authorities, bodies of the constituent entities of the Russian Federation, other state bodies, local self-government bodies, and the Central Bank of Russia Federation, bodies of public extrabudgetary funds, legal entities and natural persons. "; 12) in article 17: (a) in Part 2: paragraph 2 should read: " (2) Last name, first name, patronymic (if any) owner of a qualified certificate-for a natural person, not which is an individual entrepreneor, or the name, patronymic (if any) and the basic State registration number of the individual entrepreneor, the holder of the certificate, for the natural person who is the individual entrepreneor, or the name, location and main state registration number of the owner of the qualified certificate-for the Russian legal entity, or the name, location of the owner A qualified certificate, as well as an identification number of the taxpayer (if any)-for a foreign organization (including branches, representative offices and other separate units of a foreign organization); "; paragraph 4 should read as follows: " 4) a unique key verification of electronic signature; "; paragraph 8 to be declared invalid; b) to be completed with Part 2-1 as follows: " 2-1. Operators of public and municipal information systems, as well as information systems whose use is provided for by regulations or public information systems, are not entitled to demand the existence of a qualified certificate of information restricting its use in other information systems. "; in) Part 4 is supplemented by the words" in agreement with the authorized federal authority "; g) in Part 5 of the word" or in the case of "Replace" with "or in the case of early termination"; 13) in article 18: a) Part 2 should read: " 2. When an applicant is accredited, the applicant shall indicate a restriction on the use of a qualified certificate (if such restrictions are imposed on them) and shall submit the following documents or their duly authenticated certificate. copies and information: 1) the main identification document; 2) the number of the State pension insurance certificate of the applicant-physical person; 3) the identification number The applicant's tax payer; 4) State registration number of the applicant-legal entity; 5) the main State registration number of the State registration of a natural person as an individual entrepreneor of the applicant- an individual entrepreneor; 6) the registration certificate of the applicant in the tax authority of the applicant, a foreign organization (including branches, representative offices and other separate units of a foreign organization) or The identification number of the taxpayer of the applicant, a foreign organization; 7) a power of attorney or other document confirming the applicant's right to act on behalf of other persons. "; b) to supplement 2-1-2-3 as follows: " 2-1. The applicant is entitled, on his own initiative, to submit copies of the documents containing the information referred to in paragraphs 4 to 6 of Part 2 of this Article. 2-2. The accredited certifying centre using the infrastructure shall verify the validity of the documents and information submitted by the applicant in accordance with Parts 2 and 2-1 of this Article. In order to complete a qualified certificate in accordance with article 17, paragraph 2, of this Federal Act, the Accredited Certifying Centre requests and receives from State information resources: 1) extract from the Single State register of legal entities against the applicant-legal entity; 2) extract from a single State register of individual entrepreneurs against the applicant-an individual entrepreneor; 3) Single Taxpayers ' State Register Statement The applicant is a foreign organization. 2-3. In the event that the information obtained under part 2 to 2 of this article confirms the authenticity of the information submitted by the applicant for inclusion in a qualified certificate, the person shall be identified The applicant is a natural person or an affirmation of the authority of the person acting on behalf of the applicant, the legal entity, to apply for the receipt of a qualified certificate, the accredited certifying authority performs the procedure for the establishment and issuing the applicant with a qualified certificate. Otherwise, the Accredited Certifying Centre shall refuse to grant the applicant a qualified certificate. ". Article 2 1. This Federal Law shall enter into force 30 days after its official publication, with the exception of the provisions for which this article establishes a different time frame for their entry into force. 2. Paragraphs 1, 4 and 5 of paragraph 4, paragraphs 1 and 2 (a) of paragraph 8, paragraphs 1 to 3, 6 and 7 of subparagraph (b), subparagraphs (b) and (d), (b), (b), (b) and (b) This Federal Law shall come into force at the expiration of one hundred and ninety days after the date of the official publication of this Federal Law. 3. Paragraphs (4), (4) (a) (a) (7), the third and fourth subparagraphs of paragraph 8 (a), the fourth and the fifth indent of article 1, paragraph 11 (b), of this Federal Act shall become effective upon the expiry of two years after the date of paragraph 4. The official publication of this Federal Law. 4. Certifying centres that are accredited on the day of entry into force of the provisions referred to in Part 2 of this Article shall be required to meet the requirements of the accredited certification centres within one year. articles 13-15, 17 and 18 of the Federal Law of 6 April 2011, No. 63-FZ "On electronic signature" (as amended by the present Federal Act) (...) (...) President of the Russian Federation Vladimir Putin Moscow, Kremlin 30 December 2015 N 445-FZ
