The Use of electronic digital signatures is becoming more common in Russia. And this is not surprising, as EDS in many cases more secure than the props in place with a ballpoint pen or print. The processes of electronic signature for legal entity? How to get the appropriate tool?
To start with the essence of EDS. What is digital signature? It understands the requisite of the document, similar to that affixed in ballpoint pen on paper, but only performed by special computer algorithms.
The Main purpose of digital signature is proof that the document was signed by a specific person. Among other useful properties, which has an electronic digital signature — identity, document integrity, the lack of any amendments on the path between the sender and the recipient.
In what areas are used for the electronic signature? Almost the same as the normal signed documents between organizations, between businesses and government agencies, in communications with individuals. Meets all required legislative requirements of the digital signature is legally equivalent to a signature which is done with a ballpoint pen, and in some cases — and printing, if we are talking about legal entities.
The Use of electronic signatures is common in the banking sector: so, when you log in to the systems of the form ‘banking" involves appropriate mechanisms for the user identification card of a financial product. Using accepted in the financial-credit organizations of algorithms the client signs the payment order, makes different requests.
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In some cases, EDS is seen as a more robust props, than the signature made with a ballpoint pen. This is due to the fact that it is very difficult to forge, and that with EDS, as we noted above, it is possible to check whether there had been any changes in the files to be transmitted.
In Russia, the spread of universal electronic card. With their help, citizens can carry out many different actions. Among those — the signing of documents on the Internet. How is that possible? In order to use this function, the UEC needed to buy the reader — a device capable of reading data from the card and transfer them via online channels. It is necessary to use a device that supports PC/SC standard.
How a digital signature? How does the authentication mechanism documents? Very simple. The electronic signature itself — it is a requisite document, which can be indicated by only one person (or organization). The corresponding subject document has a single instance of the tool, which is a digital signature is the private key of the electronic signature. As a rule, it is no one else, as in the case of a unique sample of the autograph man, which he does with a ballpoint pen. We specialized organizations — certifying centers. They can also be accredited by the Ministry of communications.
To Read the digital signature using the public key, which, in turn, may be in the possession of any number of people. Using this tool, the receiver of the document verifies that it was sent and signed by a specific sender. If the public key does not recognize digital signatures, so she marked not the person from whom must come the document.
An Important element of the document — the key certificate of electronic signature. He is, as a rule, the electronic data source that contains information about the sender of the file. The certificate certifies the fact that the key, which is owned by the person are valid. Also, this document contains the basic data about the sender. Certificate is valid usually for 1 year from the time of its registration. The corresponding element signatures can also be revoked at the initiative of its owner, e.g. if he loses control of the key, or suspect that it got into the wrong hands. The documents will be signed without a valid certificate, have no legal force.
From a technological point of view, the mechanism for the exchange of files using digital signature is typically implemented within some environments. That is, the files are sent and received in a specific format via an interface of specialized software. It can be adapted, for example, to document in the field of tax reporting or for file sharing between different companies.
The Universal system for sending and receiving documents while in Russia is not created, but a work in progress. Its successful completion will allow you to create a software environment that, in theory, be able to completely replace paper documents, as each citizen, along with his personal autograph, will be displayed on all documents and electronic signature. Indeed the design of the UEC — one of the first steps in thisdirection.
But yet to put a digital signature with the card on a limited number of resources. Therefore, the verification of the electronic signature is currently under way in different programs, and their use shall be by agreement between the sender and receiver of documents.
It is also possible the exchange of files outside of the appropriate interfaces. Each document in this case can be supplemented with a text insert with a unique code that is generated using the private key, and is read by the recipient of the file through open. The document will be recognized when the corresponding algorithms, and also provided that the certificate about which we said above is valid.
However, the cipher in question, will somehow create a special program. Theoretically, of course, users can develop their — and it is formally also be considered EDS, but in this case we cannot talk about sufficient level of security of document management. In large firms it is usually installed for special requirements. In the same way as in state institutions. Examine the aspect of varieties of the digital signature depending on the level of protection, more.
It is Possible to note that sending documents via e-mail — is also one of leveraging EDS. In this case we are talking about using a simple electronic signature. Its “key” is a password entered by the sender. The electronic signature law, admits that this type of digital signature can be legally binding, but enforcement practices are not always accompanied by the realization of this scenario. And this is understandable: password - theoretically - can be any person, whom he is known, and impersonate the sender.
Therefore, the same law on electronic signature establishes that paperwork can be involved much more secure options for EDS. Among those — and the strengthened qualified digital signature. They assume that their owners have secure electronic keys, which are very difficult to forge. They can be made in the form of a special keychain type eToken — in a single instance. With this tool, the person can send the signed documents to the addressee, who then, using the public key of electronic signature verification can verify the correct origin of the files.
What distinguishes the reinforced qualified digital signature from? Technologically they can be very similar and use in General the same encryption algorithms. But in the case of the qualified digital signature certificate for it prepares the certification authority (accredited by the Ministry of Communications). This type of electronic signature is considered to be the most protected and in most cases is equivalent in legal terms to the corresponding props of the document put manually on paper.
Qualified digital signature in most cases is required during the interaction of businesses and individuals with government agencies, so the requirements for identification documents in such scenarios, communication can be very strict. Enhanced digital signature in this case is not always able to satisfy, not to mention, of course, a simple electronic signature. Accredited certifying centers, as a rule, recommend to its customers the best view, which is used for the document circulation using electronic digital signature.
So, universal electronic signature, able at any moment to replace the signature on paper, Russia has not yet been developed. Therefore, of the considered tools are presented in a wide variety of varieties adapted to the different purposes of file sharing. Consider the most common types of communication that use electronic signature of documents.
The Popular digital signature required for participation of commercial organizations in various auctions ("Sberbank-AST", "RTS-Tender") and for the presence on the trading floors, for example, those that are included in the Association of the ETS. EDS is adapted to work with databases, bankruptcies of legal entities and the facts relating to their activities.
On the portal Gosuslugi.ru everyone was also issued with an electronic signature. Public services, thus you can order online — no need to refer to a particular Department of a paper document. Citizen offers a wide range of services, it is even possible to issue a passport online. One of the variants of hardware implementation of digital signature for use on the portal Gosuslugi.ru — UEC, about which we said above.
Because of the lack in Russia of a unified structure for issuing universal electronic signature, there are a large number of private firms engaged in the execution of electronic signatures. They are named, as we noted above, the certifying centers. These organizations perform the following functions:
- register users, as legally entitled subjects of the documents in the case of EDS;
- produce the electronic signature certificate;
- in some cases, provide the sending and verification of documents with digital signature.
Thus, if the citizen or organization needs a digital signature, will have to go inthe appropriate certification authority.
How to obtain electronic signature for legal entity? How to get such a useful business tool? So, the first thing you need to choose the certification authority. It is desirable to apply to those structures which are accredited by public authorities. A list of these organizations can be found on the website of the Ministry of communications of the Russian Federation — minsvyaz.ru.
You Must provide to the certification authority the following basic documents:
- certificate of incorporation;
- the certificates: o registration of the legal person, on statement on the account in FNS.
If we are talking about getting a personal signature to the head of the organization — said set of documents should be supplemented with a copy of the minutes on appointment of Director to the position. If the digital signature is given to the employee, not included in the Supreme bodies of management of the company, you need a copy of the order on its job, and the power of attorney. Of course need a passport and SNILS specialist.
As we can see, not a complicated process, in which the electronic signature is issued for a legal entity. How to get a signature of individual entrepreneur?
Very simple. You will need the following basic documents:
- extract from egrip;
the evidence on registration as IP and about statement on the account in FNS;
- passport
- SNILS.
If the EDS want to get people that are not in the IE status of the owner or representative of the company, all he needs to bring to the certification center, — it was the passport and SNILS.
Obtaining electronic signatures — usually not too long a process. Many certification authorities are ready to provide key eToken or its equivalent, as well as guidance on the use of EDS for several hours after the execution of the corresponding application.
We learned how to obtain electronic signature for legal entity, how to obtain this tool. Let us now consider some notable nuances in the practical use of digital signature.
So, in the organization of the workflow between two or more firms it is advisable to seek the services of intermediaries that help companies to avoid mistakes in file-sharing, and ensure compliance with all legal requirements regarding data communications. Among the best options of registration of such agreements — conclusion of treaties of accession, provided that the 428th article of the civil code.
At the workflow between different organizations is also recommended to approve the procedure of working with files in cases where the authenticity of the digital signature to be excluded. For example, it is possible, if the expired period of validity of the key certificate of electronic signature.
At the beginning of the article we have considered the classification of EDS according to the degree of protection. What are the mechanisms of correct use of simple, enhanced and qualified electronic signatures?
If the firm decides to use a simple digital signature in the exchange of documents with another organization, it is necessary to conclude an additional agreement embodying such mechanism. The agreements should reflect the rules for determining who sent the document via e-mail, and thereby put a simple signature.
If we are talking about electronic trading, the signature must be enhanced (as a minimum) and consistent with the criteria adopted at the level of a particular online site, and performs such communication.
Reporting to government agencies should be undertaken only when using a qualified electronic signature. If we are talking about establishment of labor relations at a distance (more recently, the labour code allows this type of communication), then the process must use the qualified signature.
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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."
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