Electronic signature for a legal entity: how to get it? Use of an electronic signature. Types of electronic signature (EDS) Use of documents in judicial practice

The use is becoming more common in Russia. And this is not at all surprising, since the EDS is in many cases more secure than the corresponding requisite affixed ballpoint pen or print. How is an electronic signature produced? legal entity? How to get the appropriate tool?

EDS definition

To begin with, let's define the essence of the EDS. digital signature? It is understood as the details of the document, similar to that which is affixed with a ballpoint pen on paper, but only made using special computer algorithms.

The main purpose of the digital signature is to confirm that the document is signed by a specific person. Among other useful properties that an electronic digital signature has is a certificate of the integrity of the document, the absence of any edits in it on the way between the sender and the recipient.

Use of digital signatures

In what areas are EDS used? Practically in the same as the usual signature: in businesses and government agencies, in communications with the participation of individuals. Compliant with all necessary legislative EDS requirements legally equivalent to a signature, which is done with a ballpoint pen, and in some cases - and a seal, if we are talking about legal entities.

The use of an electronic signature is common in banking: so, when authorizing in systems of the “bank-client” type, the corresponding mechanisms of the user of the financial product are activated. Using the algorithms adopted in the financial and credit organization, the client signs payment orders, makes various applications and requests.

In some cases, an EDS is regarded as even more reliable requisite than a signature made with a ballpoint pen. This is due to the fact that it is very difficult to fake it, as well as the fact that using the EDS, as we noted above, you can check whether changes have been made to the files being sent.

In the Russian Federation, universal electronic cards are beginning to spread. With their help, citizens can perform a large number of different actions. Among them is the signing of documents on the Internet. How is this possible? In order to use this UEC function, you need to purchase a card reader - a device that can read data from a card and transfer it via special online channels. It is necessary to use a device that supports the PC / SC standard.

EDS structure

How is the EDS structured? How does the document authentication mechanism work? Very simple. Electronic signature in itself is a document attribute that can be affixed by only one person (or organization). The corresponding document flow subject has a single copy of the tool with which the EDS is set - this is the private key of the electronic signature. As a rule, no one else has it, as is the case with a unique example of a person's autograph, which he makes with a ballpoint pen. Keys are issued by specialized organizations - certification centers. They may also be accredited by the Ministry of Communications.

The EDS can be read using the public key, which, in turn, can be at the disposal of any number of people. Using this tool, the recipient of the document makes sure that it was sent and signed by a specific sender. If the public key does not recognize the digital signature, then it is affixed by the wrong person from whom the document should come.

Signing key certificate

An important element of the workflow is the certificate of the electronic signature key. It is, as a rule, an electronic data source that contains information about the sender of the files. The certificate certifies that the key owned by the person is valid. Also this document contains basic information about the sender. The certificate is valid, as a rule, for 1 year from the date of issue. The corresponding element of the signature can also be revoked at the initiative of its owner, for example, if he loses control over the key or suspects that it has fallen into the wrong hands. Those documents that will be signed without a valid certificate have no legal force.

From a technological point of view, the mechanism for exchanging files when using an EDS is usually implemented within a certain software environment. That is, files are sent and received in a special format using the interface of specialized software. It can be adapted, for example, for workflow in the field of tax reporting or to share files between different companies.

A universal system for receiving and sending documents has not yet been created in the Russian Federation, but such work is underway. Its successful completion will make it possible to create a software environment that, theoretically, will be able to completely replace paper documents, since every citizen, along with a personal autograph, will also be able to put an electronic signature on any documents. Actually, the development of UEC is one of the first steps in this direction.

But for now, you can set up an EDS using this card on a limited number of resources. Therefore, electronic signature verification is now carried out in different programs, and their use is carried out by agreement between the sender and recipient of documents.

It is also possible to exchange files outside the corresponding interfaces. In this case, each document can be supplemented with a text insert with a unique cipher, which is created using the private key and read by the recipient of the file using the public key. The document will be recognized if the corresponding algorithms match, and also if the certificate we mentioned above is valid.

However, the cipher in question will be created one way or another by a special program. Theoretically, of course, users can develop their own - and this will formally also be considered an EDS, but in this case there is no need to talk about a sufficient level of document management security. AT large firms it usually has special requirements. Just like in government agencies. Let us study the aspect that reflects the types of EDS depending on the level of security in more detail.

EDS security levels

It can be noted that sending documents via e-mail is also one of the options for using EDS. In this case, we are talking about using a simple electronic signature. Its "key" is the password that the sender enters. The Electronic Signature Act allows that this species EDS may be legally significant, but law enforcement practice is not always accompanied by the implementation of this scenario. And this is understandable: the password - purely theoretically - can be entered by anyone who knows it, and pretend to be the sender.

Therefore, the same law on electronic signature determines that much more secure EDS options can be involved in the workflow. Among them is an enhanced and qualified EDS. They assume that their owners have in their hands reliable electronic keys that are very difficult to forge. They can be made in the form of a special eToken keychain - in a single copy. Using this tool and a special program, a person can send signed documents to the addressee, who then, using the public key for verifying the electronic signature, will be able to verify the correct origin of the files.

Qualified Signature Specifics

What is the difference between an enhanced EDS and a qualified one? Technologically, they can be very similar and use generally similar encryption algorithms. But in the case of a qualified EDS, a certificate for it is issued by a certification center (from among those accredited by the Ministry of Communications). This type of electronic signature is considered the most secure and in most cases is equated in legal terms with the corresponding details of the document, which is put manually on paper.

In most cases, a qualified EDS is required during the interaction of businesses and individuals with government agencies, so the requirements for identifying documents in such communication scenarios can be very strict. An enhanced EDS in this case may not always satisfy them, not to mention, of course, a simple electronic signature. Accredited CAs usually recommend to their customers optimal view Software, with the help of which workflow is carried out using EDS.

Types of electronic signatures

So, a universal EDS capable of replacing a paper signature at any time has not yet been developed in Russia. Therefore, the tools we are considering are presented in a wide range of varieties adapted to one or another purpose of file exchange. Consider the most common types of communications that use the electronic signature of documents.

EDS required for the participation of commercial organizations in various auctions("Sberbank-AST", "RTS-Tender"), as well as for presence on trading floors, for example, those that are members of the ETP Association. There is an EDS adapted to work with databases on bankruptcies of legal entities and facts relating to their activities.

On the Gosuslugi.ru portal, all registered persons are also issued an electronic signature. Thus, public services can then be ordered online - there is no need to refer a paper document to one or another department. A wide range of services opens up to a citizen, you can even apply for a passport online. One of the options for the hardware implementation of the EDS for use on the Gosuslugi.ru portal is the UEC, which we mentioned above.

How to get an EDS

Due to the absence in the Russian Federation of a unified structure for issuing universal EDS, there are a large number of private firms involved in issuing electronic signatures. They are called, as we noted above, certification centers. These organizations perform the following main functions:

Register users as legally authorized subjects of work with documents when using the EDS;

Issue an electronic signature certificate;

In some cases, they provide sending and verification of documents with EDS.

Thus, if a citizen or organization needs a digital signature, they will have to go to the appropriate certification center.

Documents for obtaining an EDS

How is an electronic signature issued for a legal entity? How to get such a useful tool for business? So, the first step is to choose a certification authority. It is advisable to apply to those structures that are accredited by state bodies. A list of these organizations can be found on the website of the Ministry of Communications of the Russian Federation - minsvyaz.ru.

The following main documents must be submitted to the certification center:

Extract from the Unified State Register of Legal Entities;

Certificates: on registration of a legal entity, on registration with the Federal Tax Service.

If we are talking about obtaining a personal signature for the head of the organization, the mentioned set of documents must be supplemented with a copy of the protocol on the appointment of the general director to the position. If the EDS is received by an employee who is not included in higher authorities management of the company, then you need a copy of the order on his employment, as well as a power of attorney. Naturally, you will need a passport and SNILS specialist.

As we can see, the process within which an electronic signature is issued for a legal entity is not at all complicated. How to get an EDS for an individual entrepreneur?

Very simple. You will need the following basic documents:

Extract from the USRIP;

Certificates: on registration as an individual entrepreneur and on registration with the Federal Tax Service;

The passport;

If a person who is not in the status of an individual entrepreneur, owner or representative of an LLC wants to receive an EDS, then all he needs to bring to the certification center is the TIN, passport, and also SNILS.

Obtaining an electronic signature is usually not a very long process. Many certifying centers are ready to provide an eToken key or its equivalent, as well as a guide to using an EDS within a few hours after the relevant application is made.

Practical nuances of working with EDS

We studied how an electronic signature is issued for a legal entity, how to get this tool. Let us now consider some remarkable nuances of the practical use of EDS.

So, when organizing a document flow between two or more companies, it is advisable to turn to the services of intermediary structures that will help companies avoid errors in file exchange, and also guarantee compliance with all legal requirements regarding these communications. Among the best options for formalizing such agreements is the conclusion of accession agreements, which are provided for by Article 428 of the Civil Code of the Russian Federation.

When organizing document flow between different organizations, it is also recommended to approve the procedure for working with files in cases where the authenticity of the EDS cannot be determined. For example, this is possible if the certificate of the electronic signature key has expired.

At the beginning of the article, we considered the classification of EDS according to the degree of security. What are the mechanisms for the correct use of simple, enhanced and qualified electronic signatures?

If a company decides to use a simple EDS when exchanging documents with another organization, then it needs to conclude additional agreements supporting such a mechanism. The relevant agreements should reflect the rules for determining who exactly sent the document via e-mail and thereby put a simple EDS.

If it's about electronic auction, then the signature must be enhanced (at least) and meet the criteria adopted at the level of a particular online platform where such communications are carried out.

Reporting to government agencies should be carried out only when using a qualified electronic signature. When it comes to establishing labor relations at a distance (since recently, the Labor Code of the Russian Federation allows this type of communication), then a qualified signature should be used in this process.

More Russian enterprises are implementing electronic document management systems, already on their own experience, evaluating the advantages of this technology for working with documents. Electronic data exchange is carried out through information systems, computer networks, the Internet, e-mail and many other means.

And an electronic signature is an attribute of an electronic document designed to protect information from forgery.

Using an electronic signature allows you to:

• take part in electronic trading, auctions and tenders;
• build relationships with the population, organizations and government structures on a modern basis, more efficiently, at the lowest cost;
• expand the geography of your business by remotely performing various operations, including economic ones, with partners from any regions of Russia;
• significantly reduce the time spent on processing the transaction and the exchange of documentation;
• build corporate system exchange of electronic documents (being one of its elements).

Using an electronic signature, work according to the scheme “project development in in electronic format- creating a paper copy for signature - sending a paper copy with a signature - examining a paper copy" is a thing of the past. Now everything can be done electronically!

Varieties of electronic signature

The following types are established and regulated: simple electronic signature and enhanced electronic signature. At the same time, an enhanced electronic signature can be qualified and unqualified.

Table

What is the difference between 3 types of electronic signature

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It is very difficult to forge any electronic signature. And with an enhanced qualified signature (the most secure of the three) with modern level computing power and the required time resources, this is simply impossible to do.

Simple and unqualified signatures on an electronic document replace a paper document signed with a handwritten signature, in cases stipulated by law or by agreement of the parties. An enhanced qualified signature can be considered as an analogue of a document with a seal (i.e. "suitable" for any occasion).

An electronic document with a qualified signature replaces a paper document in all cases, except when the law requires the document to be exclusively on paper. For example, with the help of such signatures, citizens can apply to government agencies to obtain state and municipal services, and public authorities can send messages to citizens and interact with each other through Information Systems.

We sign with the private key, with the open key we verify the electronic signature

To be able to sign documents with an electronic signature, you must have:

• ES key(so-called closed key) - it is used to create an electronic signature for the document;
• ES verification key certificate (open ES key) - with its help the authenticity of the electronic signature is checked, i.e. the ownership of the electronic signature by a certain person is confirmed.

Organizations that carry out the functions of creating and issuing certificates of ES verification keys, as well as a number of other functions, are called certification centers.

In the process of creating an ES verification key certificate, an ES key and an ES verification key are generated for each user. Both of these keys are stored in files. So that no one except the owner of the signature could use the ES key, it is usually written down on secure key carrier(as a rule, together with the electronic signature verification key). Its just like a bank card, for additional protection supply PIN code. And just like with card transactions, before using the key to create an electronic signature, you must enter correct value PIN code (see picture).

Secure key media are manufactured by various manufacturers and usually look like a flash card. It is the provision by the user of the confidentiality of his ES key that guarantees that attackers will not be able to sign the document on behalf of the certificate owner.

To ensure the confidentiality of the ES key, you must follow the recommendations on the storage and use of the ES key, contained in the documentation, usually issued to users in the certification center - and you will be protected from illegal actions performed with the electronic signature key on your behalf. It is best if your private key is available exclusively to you. This idea is very important to convey to every owner of the key. This is best achieved by issuing guidance materials on this account and familiarizing employees with them against signature.

Picture

The program asks for a password (PIN-code) in order to sign the document with an electronic signature using the ES key contained on the “flash drive” connected to the computer

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Example 1

Fragment of the Guidelines for ensuring the security of using a qualified electronic signature of Electronic Moscow OJSC

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When creating an electronic signature, electronic signature means must:

1. show the person signing the electronic document the content of the information that he signs;
2. create an electronic signature only after the person signing the electronic document confirms the operation to create an electronic signature;
3. clearly show that the electronic signature has been created.

When verifying an electronic signature, electronic signature means must:

1. show the content of an electronic document signed with an electronic signature;
2. show information about making changes to an electronic document signed with an electronic signature;
3. indicate the person using whose electronic signature key the electronic documents are signed.

The ES verification key certificate contains all necessary information to verify the electronic signature. The data of the certificate is open and public. Typically, certificates are stored in a store operating system in the certification center that produced it indefinitely (in the same way as a notary public stores all the necessary information about the person who performed the notarial act for him). In accordance with the provisions of Law No. 63-FZ verification Center who produced the certificate of the electronic signature verification key, is obliged to provide free of charge to any person at his request information contained in the register of certificates, incl. information about the cancellation of the certificate of the electronic signature verification key.

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Oleg Komarsky, IT specialist

The certification center that issued the electronic signature stores the certificate of the verification key of this ES indefinitely, more precisely, during the entire time of its existence. As long as the certification authority is working, there are no problems, but since center is commercial organization, it may cease to exist. Thus, in the event of termination of the activities of the CA, there is a possibility of losing information about certificates, then electronic documents signed with electronic signatures issued by the closed CA may lose their legal significance.

In this regard, it is planned to create a kind of state repository of certificates (both valid and revoked). It will be something like a state notary center, where data on all certificates will be stored. But for now, such information is stored in the CA indefinitely.

What should employers consider when equipping their employees with electronic signatures?

In the ES key certificate necessarily there is information about the full name its owner, there is also the possibility inclusion additional information, such as Company name and job title. In addition, the certificate may contain object identifiers (OIDs), defining the relations in the implementation of which an electronic document signed by an ES will have legal significance. For example, an OID may state that an employee has the right to post information on the trading floor, but cannot sign contracts. Those. with the help of OID it is possible to delimit the level of responsibility and authority.

There are subtleties in the transfer of authority upon dismissal or transfer of employees to another position. They should be taken into account.

Example 2

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When the commercial director Ivanov, who signed the documents with an electronic signature, is dismissed, a new key carrier must be ordered for the new person who replaced Ivanov in this chair to work with the electronic signature. After all, Petrov cannot sign documents with Ivanov's signature (albeit electronic).

Usually, upon dismissal, re-issuance of ES keys is organized; as a rule, for this, employees themselves visit a certification center. The organization that pays for issuing the keys is also the owner of the key, so it has the right to suspend the validity of the certificate. Thus, the risks are minimized: the situation when the dismissed employee could sign documents on behalf of the former employer is excluded.

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Natalia Khramtsovskaya, Ph.D., leading expert in document management of the EOS company, ISO expert, member of the GMD and ARMA International

The effective business activity of an organization depends on many factors. One of the key elements of the entire management system is the principle of employee interchangeability. You should think in advance about who will replace employees who are temporarily not fulfilling their official duties due to illness, business trip, vacation, etc. If your organization deals with the signing of documents with electronic signatures, this aspect must be considered separately. Anyone who neglects this organizational issue runs the risk of running into serious trouble.

Indicative in this sense is case No. A56-51106/2011, which was considered by the Arbitration Court of St. Petersburg and the Leningrad Region in January 2012.

How did the problem occur:

• In July 2011, Tvernefteprodukt Sales Association LLC submitted a single application for participation in an open auction in electronic form for the supply of gasoline using fuel cards for the Upper Volga branch of the Federal State Budgetary Scientific Institution “State Research Institute of Lake and River Fisheries” (FGNU "GosNIORKh"). The auction commission of the customer decided to conclude a state contract with the only participant in the auction.
• The draft state contract was sent by the customer to the operator of the electronic platform on July 12, 2011, and the latter transferred it to the LLC. Within the period established by law, the LLC did not send the draft contract signed by the electronic signature of the person entitled to act on behalf of the order placement participant to the operator of the electronic site, because this official was on sick leave.
• In July 2011, the St. Petersburg Department of the Federal Antimonopoly Service (UFAS) considered the information provided by the customer about the LLC's evasion from concluding a contract and it was decided to include it in the register unscrupulous suppliers.

Disagreeing with the decision of the OFAS, the LLC went to court. All three courts found LLC guilty of contract evasion. And in the last instance in October 2012, it emerged that the LLC applied to the customer on August 10, 2011 and called not the illness of its employee, but his negligence, as the reason for not signing the contract.

Another interesting case occurred when signing a state contract with an electronic signature of an unauthorized person. This case was considered by the Arbitration Court of the Kaluga Region in September 2011 (case No. A23-2637/2011).

The circumstances were:

• In March 2011, SEL TEHSTROY LLC was declared the winner of an open auction. By this time, the LLC had a change in the general director: the former general director V. became the deputy of the new general director P. But the new general director had not yet had time to issue an EDS. Therefore, on March 14, 2011, we decided to “simplify our lives” and sign a government contract using the EDS of V. who left his post. However main mistake was that V. signed the document as CEO SEL TECHSTROY LLC.
• Information about the dismissal of General Director V. and the appointment of P. as General Director, as well as the power of attorney to act on behalf of the participant in the order, issued by V. already as Deputy General Director, were posted on the website of the electronic trading platform only 03/24/2011, i.e. after signing and sending the contract to the customer.
• This oversight was noticed by the customer, believing that the contract was signed by an unauthorized person, and in April 2011 he turned to the OFAS. As a result, OFAS included LLC in the register of unscrupulous suppliers for a period of 2 years due to evasion from concluding a state contract.

When considering this case in the first court instance, the court noted that the new general director of the company, P., in his explanations to the OFAS, firstly, confirmed the readiness to sign the state contract, and secondly, admitted the mistake, without disputing the authority of V., indicated in power of attorney. In addition, the fact that the power of attorney was posted on the official website of the electronic platform, albeit belatedly, was regarded by the court as active actions by the company to eliminate the mistake made. As a result, the Arbitration Court ordered the OFAS to exclude LLC from the register of unscrupulous suppliers. In December 2011, the 20th Arbitration Court of Appeal upheld the position of the trial court.

But the Federal Arbitration Court of the Central District in March 2012 judged otherwise. In his opinion, on March 14, 2011, V. used the EDS in violation of the provisions of Art. 4 of the Federal Law "On Electronic Digital Signature" and the conditions specified in the signature key certificate (after all, an electronic document with an EDS that does not comply with the conditions included in the certificate has no legal significance). Ultimately, the court concluded that government contract was signed by an unauthorized person, and recognized as lawful the decision of the OFAS to recognize LLC as an unscrupulous supplier.

Similar cases are often heard by the courts. Then the director, who has an ES key certificate and has the right to sign documents on behalf of the company, is dismissed, and new director does not have time to make an electronic signature for himself and sign a contract on time. They try to sign documents with the signature of an employee who has already left (or transferred to another position in the same organization). Then there are problems with the negligence of employees or their illness (as in the first of the described cases), and again they do not have time to delegate authority to another person and issue him an ES. And the result is the same - the organization falls into the list of unscrupulous suppliers and loses the right to conclude contracts financed from the budget.

The receipt by an employee of an organization of an ES key, ensuring its safety and actions with it are usually regulated by an order for an organization with the approval of instructional materials. They define the procedure for using ES keys for signing documents, obtaining, replacing, revoking the certificate of the ES verification key, as well as the actions performed when the ES key is compromised. The latter are similar to the actions performed when a bank card is lost.

How to choose a certification authority?

Law No. 63-FZ provides for the division of certification centers into those that have passed and those that have not passed the accreditation procedure (now it is carried out by the Ministry of Communications and mass communications RF). An accredited certification center is issued an appropriate certificate, and in order to obtain qualified certificate the ES verification key must be addressed to such a CA. Non-accredited CAs can only issue other types of signatures.

When choosing a CA, it should be taken into account that not every one of them uses all possible crypto providers. That is, if partners organizing electronic document management need electronic signatures generated using a specific cryptographic provider, then you should choose a certification center that works specifically with this cryptographic information protection tool (CIPF).

The procedure for obtaining an EP and the necessary documents

To organize the exchange of electronic documents between organizations, you must perform the following steps:

• determine the goals and specifics of the document flow between your and another organization. This should be formalized in the form of an agreement or contract that defines and regulates the operations and composition of documents with an electronic signature transmitted electronically (such standard contracts sign, for example, banks with clients, allowing them to use the client-bank system);
• to exchange certificates of ES verification keys of persons whose signatures will be transferred between organizations. It is clear that partners can receive such certificates not only from each other, but also from the certification authority that issued these certificates;
• issue internal instructions regulating the procedure for transferring and receiving electronic documents to another organization, including the procedure for verifying the electronic signature of received documents and actions in case of detection of the fact of making changes to the document after signing it with an electronic signature.

For the production of electronic signature keys and certificates of ES verification keys, users must submit to the certification center application documents, documentation confirming the accuracy of the information to be included in the ES verification key certificate, as well as the corresponding powers of attorney.

To ensure the proper level of user identification, the procedure for obtaining certificates of ES verification keys requires the personal presence of its owner.

True, there are exceptions. For example, today for employees of government and budget organizations, as well as employees of bodies executive power of the city of Moscow, the certification center of Electronic Moscow OJSC has developed a system for the mass issuance of certificates of electronic signature verification keys (SCPES), which, while maintaining a high level of reliability of user identification, makes it unnecessary to visit the certification center by each employee personally, which significantly reduces the organization’s monetary and time costs compared to with the issuance of SCPE, organized according to the traditional scheme.

How much does an electronic signature cost?

It is a mistake to think that a certification center simply sells media for storing keys and certificates, the service is complex, and the media with key information is one of the components. Price full package of electronic signature depends on:

• region;
• pricing policy certification center;
• types of signature and its scope.

Typically, this package includes:

• services of a certification center for the production of an ES verification key certificate;
• transfer of rights to use the corresponding software (CIPF);
• providing the recipient with the necessary software for work;
• supply of a secure key carrier;
• technical support users.

On average, the cost varies from 3,000 to 20,000 rubles per full package with one carrier of key information. It is clear that when an organization orders a dozen or hundreds of key certificates for its employees, the price per one "signer" will be significantly lower. Reissue of keys is carried out in a year.

Currently, in Russia, the circulation of electronic documents using an electronic signature is rapidly gaining momentum. Electronic signature is widely implemented in government organizations as well as in private businesses. At the same time, it should be taken into account that different types of ES have different prices, that a document certified by an ES is legally significant, so the transfer of key carriers along with a PIN code to other persons is unacceptable.

Most importantly, an electronic signature significantly saves time, eliminating paperwork, which is extremely important in a highly competitive environment and when partners are located remotely.

The problem so far remains only in the plane of confirming the authenticity of such a signature and a document with it throughout its long period of storage.

Footnotes

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And for those who are interested in using an electronic signature and exchanging electronic financial documents, we have prepared a special section -

General concepts

Electronic signature (ES)- this is a special attribute of the document, which allows you to establish the absence of distortion of information in an electronic document from the moment the ES was formed and confirm that the ES belongs to the owner. The attribute value is obtained as a result of cryptographic transformation of information.

Electronic signature certificate— a document that confirms that the public key (verification key) of the ES belongs to the owner of the certificate. Certificates are issued by certification authorities (CAs) or their trusted representatives.

Certificate holder- an individual in whose name an ES certificate was issued in a certification center. Each owner of the certificate has two ES keys in his hands: private and public.

Private key of electronic signature(ES key) allows you to generate an electronic signature and sign an electronic document. The owner of the certificate must keep his private key secret.

Public key of electronic signature(ES verification key) is uniquely associated with the ES private key and is intended for ES authentication.

This is how signing an electronic document and checking its immutability looks like:

According to Federal Law No. 63-FZ "On Electronic Signature", ES are divided into:

• simple electronic signature;
• enhanced unqualified electronic signature;
• enhanced qualified electronic signature.

Simple Electronic Signature (SES) through the use of codes, passwords or other means confirms the fact of the formation of an ES by a certain person.

Enhanced unqualified electronic signature (UNEP) obtained as a result of cryptographic transformation of information using the private key of the signature. This ES allows you to identify the person who signed the electronic document, and to detect the fact of making changes after signing the electronic documents.

Enhanced Qualified Electronic Signature (ECES) corresponds to all signs of an unqualified electronic signature, but to create and verify an ES, cryptoprotection tools are used that are certified by the Federal Security Service of the Russian Federation. In addition, qualified ES certificates are issued exclusively by accredited certification centers (List of accredited CAs).

An enhanced qualified signature on an electronic document is an analogue of a handwritten signature and seal on a paper document. Regulatory authorities, such as the Federal Tax Service, the FIU, the FSS, recognize the legal force of only those documents that are signed by a qualified electronic signature.

Scope of electronic signature

All options for using different EPs:

Let's start with the most common this moment.

1. Electronic document management. Electronic signature technology is widely used in electronic document management systems for various purposes: external and internal exchange, organizational and administrative, personnel, legislative, commercial and industrial, and others. This is dictated by the main property of an electronic signature - it can be used as an analogue of a handwritten signature and / or seal on a paper document.
   When building intercorporate document flow(in b2b) the presence of an ES is a critical condition for the exchange, since it is a guarantor of legal force. Only in this case, the electronic document can be recognized as authentic and used as evidence in legal proceedings. A document signed with an enhanced electronic signature can also be stored in a digital archive for a long time, while maintaining its legitimacy.
2. Electronic reporting for regulatory authorities. Many companies, for sure, have already appreciated the convenience of filing reports electronically. Modern approach consists in the fact that the client can choose any method convenient for himself: separate software, products of the 1C family, portals of the Federal Tax Service, FSS. The basis of this service is an electronic signature certificate, which must be issued by a trusted certification authority. The shipping method is not critical. Such a signature is needed to give the documents legal significance.
3. public services. Every citizen Russian Federation can obtain an electronic signature for public services. With the help of an ES, a citizen can certify documents and applications sent to departments in electronic form, as well as receive signed letters and notifications that the application has been accepted for consideration from the relevant authorities. The user has the opportunity to sign an application sent to the executive authority with an electronic signature (if the executive authority is ready to accept applications signed with an electronic signature). When implementing this mechanism, domestic ES standards are used (GOST R 34.11-94, GOST R 34.10-2001) and cryptographic information protection tools certified in the certification system of the FSB of Russia, such as Aladdin e-Token GOST and CryptoPro CSP, are used, which gives grounds to consider this signature as an enhanced qualified electronic signature (Source: State Services portal).
4. Electronic trading.They take place on special sites (sites). An electronic signature is required for suppliers on government and commercial sites. EDS of suppliers and customers guarantees participants that they are dealing with real offers. In addition, the concluded contracts acquire legal force only when it is signed by both parties.
5. Court of Arbitration. In the event of any disputes between organizations, electronic documents can be used as evidence in court. According to the Arbitration Procedure Code of the Russian Federation, received by facsimile, electronic or other communication, signed with an electronic signature or other analogue of a handwritten signature, are written evidence.
6. Document flow with individuals .It must be admitted that this area of ​​application of EP is very specific and is rarely used so far. But nevertheless, this is possible. With the help of ES, individuals can certify various documents. Thanks to this opportunity, it is possible to work remotely - on the basis of service contracts, for example, to issue certificates of acceptance and delivery of work in electronic form.

Choice of ES certificate

First, as already mentioned, there are different types of electronic signature. Members electronic interaction has the right to use any option at its own discretion, if the legislation of the Russian Federation does not fix the use of a specific type of signature, depending on the purpose of its use.

Secondly, the choice of the type of electronic signature depends on the tasks that need to be solved with its help. So, for example, requirements are put forward for choosing an electronic signature when working with accounting primary documents: an electronic invoice is a basis document for deducting VAT amounts only if it is signed with a qualified electronic signature. To submit reports to government agencies, you will also need to use an enhanced qualified electronic signature.

In the intercorporate electronic document management You can use an enhanced qualified electronic signature. You can get a certificate of a qualified electronic signature in any certification center accredited by the Ministry of Telecom and Mass Communications of the Russian Federation.

For internal electronic document management, if there are appropriate local legal acts, you can always independently create and use both a simple electronic signature and an unqualified one.

How many EP certificates do you need?

An enhanced qualified electronic signature solves a fairly wide range of tasks. With its help, you can submit reports to the tax authorities, exchange electronic documents with counterparties, and more.

When purchasing a certificate, you must clearly understand where it will be used. Firstly, the price of a certificate directly depends on the number of functions that it can perform. And secondly, you need to be sure that the certificate will be suitable for achieving your goals. Usually, the purpose of using an electronic signature is specified when ordering a certificate.

In practice, there are situations when the use of a certificate depends on the party receiving the document. For example, some electronic document management operators accept certificates issued only by their certification authority. It is always important to make sure that there are no restrictions on the use of your certificate in any information system.

Exchange of electronic documents with ES

Inter-corporate document flow - exchange of electronic documents between companies (b2b). Already now, organizations and companies can establish the exchange of legally significant electronic documents (JUZED). Such an exchange has significant advantages over the paper form:

• fast delivery time of documents (regardless of the address of the counterparty): ten times less than on paper;
• reduction of costs associated with the preparation and subsequent transfer of electronic documents between counterparties: preparation and transfer of legal important documents in electronic form is much cheaper.

And that is not all. Real economic benefits follow from these advantages:

• quick exchange of documents allows you to speed up the business processes of companies (for example, concluding and activating transactions), which in turn increases the speed of cash turnover, that is, allows you to earn more in the same period of time;
• lower costs for the preparation and transfer of documents are lower. Free money can be used to solve other problems;
• the guarantee of document delivery allows you to file reports to the tax authorities and VAT deductible on time. Thereby cash remain in circulation;
• the electronic form of documents facilitates the procedure for their processing and allows it to be significantly automated, which positively affects the speed of these works in general.

These advantages are especially relevant for companies with a large volume of external document flow.

For inter-corporate exchange, in accordance with the current legislation, you can use the following types of documents:

• letters (requiring legal significance);
• contracts;
• accounts;
• waybills;
• waybills;
• acts of work performed and services rendered;
• acts of reconciliation of mutual settlements;
• invoices.

What is needed for the exchange of legally significant electronic documents?

To establish inter-corporate document flow with legally strong (or legally significant) electronic documents, it is necessary to solve the following tasks:

1. signing the ES and sending electronic documents to counterparties;
2. acceptance and verification of signatures on electronic documents from counterparties;
3. creation, storage (including archival), search and processing of signed electronic documents;
4. ensuring the legal significance of documents in the process of archival storage.

The first two tasks are excellent intercompany exchange services under the control of electronic document management operators. When choosing a service, you need to pay attention to the following factors:

• availability of the necessary licenses from the exchange service operator;
• the possibility of integrating the exchange service with your corporate information systems;
• proposed options for tariffing the transfer of electronic documents.

For solving other problems, electronic document management systems are ideal, since they already have the necessary functionality, time-tested. For example,

Pay attention to the following factors:

• currently used in the company corporate information systems (hereinafter referred to as CIS) and their functionality in relation to solving problems of intercorporate document management;
• the possibility of integrating CIS and exchange service;
• the cost of the project for connecting your CIS to the exchange service;
• a comprehensive solution of all necessary tasks based on CIS.

Is an EDI service required?

To establish the exchange of electronic documents, it is not necessary to connect to the services of an electronic document management operator. The choice of solution depends on the agreement between counterparties (you can use regular e-mail) that start external electronic interaction. At independent organization intercorporate electronic document management will have to face a number of difficulties.

To sign documents with an electronic signature, you can use software CryptoARM, which you will need to install and configure on your own. With each of your counterparties, you will have to conclude a separate agreement on the beginning of electronic interaction with a description of the accepted exchange rules. After setting up the workplaces of employees and signing all the necessary documents, the question of storing electronic documents will arise. And these are far from all the tasks that you will have to solve when organizing inter-corporate electronic exchange on your own. will also remain open questions security and confidentiality of transmitted data.

In addition, according to the requirements of the Order of the Ministry of Finance of April 20, 2011 N 50n, the issuance and receipt of invoices in electronic form via telecommunication channels is carried out through organizations that ensure the exchange of open and confidential information via telecommunication channels, i.e. through an electronic document management operator. Reporting to government agencies occurs only using the services of a specialized telecom operator.

All these questions can be easily and quickly solved using services of an electronic document management operator. It is up to you to decide which method will be more effective for you when organizing the exchange of electronic documents with counterparties.

Legal force of the electronic document

The state standard of the Russian Federation GOST R 51141-98 "Office work and archiving. Terms and definitions" gives the following definition of the legal force of a document (the legal significance of a document): "legal force of the document: Property official document communicated to him by the current legislation, the competence of the body that issued it and established order design".

The legal force of an electronic document, as well as a paper one, is given by the mandatory presence of certain details:

• the name of the document type (except for letters);
• Document Number;
• the name of the organization or the name of the author of the document;
• document date;
• place of development, publication, adoption or signing;
• signature.

Of course, when we talk about a signature, we mean an electronic signature. It is she who is the guarantor of the integrity and authenticity of the document. In addition, there are nuances of ensuring the legal force of formalized and non-formalized documents. Thus, non-formalized documents signed by a qualified ES are already legitimate. Formalized electronic documents acquire legitimacy if they are signed by a qualified electronic signature and you, as a taxpayer, are attached to the exchange regulations.

In addition, another important factor in ensuring the legal force of a document is the author's right to create and sign documents.

Storage of electronic documents

The validity of the electronic signature certificate is one year, and, for example, accounting documents must be stored for five years. But even after the expiration of the certificate, the document will not lose its legal force, since at the time of signing a time stamp is placed.

A time stamp is an analogue of the date on the signed document. It confirms that the electronic signature certificate was valid at the time of signing the document. So, at the time of signing the document, a time stamp and the result of the certificate verification are affixed.

You can also confirm that the certificate was valid at the time of signing by referring to the list of revoked certificates on the website of the certification authority.

Direct storage of electronic documents can be organized in at least two ways:

• local storage (documents are stored on local servers of your company, for example, in an EDMS);
• storage in the cloud (documents are stored on the servers of the company whose services you have used).

Electronic archiving services, for example, are offered by EDF operators.

Use of documents in judicial practice

According to paragraph 3 of Art. 75 of the Arbitration Procedure Code of the Russian Federation (Arbitration Procedure Code of the Russian Federation), documents received using the Internet information and telecommunication network and signed with an electronic signature are allowed as written evidence in arbitration disputes.

To date, the court accepts applications, petitions and responses in electronic form. Submit statement of claim possible through single system"My arbitrator", on the official website of the arbitration court where the case will be considered, or on the website of the Supreme Arbitration Court of the Russian Federation. At the same time, only those persons who are registered in the Electronic Guard system, where each user has his own personal account, can send any documents for consideration to the court.

It is important to observe technical requirements to sent documents: black and white image, PDF format, at least 200 dpi, the presence of a graphic signature of the person in charge, seal and other details. One document - one file, the title of which reflects the content and number of pages.

In electronic form, documents such as an application for securing a claim, for securing property interests, a petition for suspending the execution of judicial acts are not accepted.

Good afternoon, dear readers! This article is dedicated to business owners, regardless of its size and organizational form and ordinary citizens of our country. It will be equally useful and interesting, both for simple individual entrepreneurs and for the owners of large enterprises. commercial enterprises. What do they have in common? The answer is simple - document flow and the need to interact with various government agencies! Therefore, let's talk about a tool that will greatly simplify the movement of documentation, both within the enterprise and beyond! Today we will consider in detail how to obtain an electronic signature (EDS)!

Let's start with the essence of the electronic signature and the mechanism of its functioning, then we will consider the scope and unconditional usefulness, after which we will discuss how to obtain it for individual entrepreneurs, individual entrepreneurs and legal entities, and also talk about the necessary documents. We have collected the most complete information on how to get an EDS! By the way, if necessary, with its help you can close the IP. The article describes how to do it!

What is an electronic digital signature: the simple essence of a complex concept!

Each document at the enterprise must be signed by an authorized person. The signature gives it legal force. Modern technologies converted documents to electronic format. Which turned out to be extremely convenient! Firstly, electronic documents have simplified and accelerated the exchange of data in the enterprise (especially with international cooperation). Secondly, the expense associated with their turnover has been reduced. Thirdly, there has been a significant increase in security commercial information. Despite the electronic format, each document must be signed, so the EDS was developed.

What is an electronic digital signature? This is an analogue of traditional painting in digital format, which is used to give legal effect to documents on electronic media. The word "analogue" should be understood as a sequence of cryptographic symbols generated randomly using special software. It is stored electronically. Usually flash drives are used.

There are two important concepts associated with ES: a certificate and a key. A certificate is a document that certifies that an electronic signature belongs to a specific person. It comes in regular and enhanced. The latter is issued only by some accredited certification centers or directly by the FSB.

The electronic signature key is the same sequence of characters. The keys are used in pairs. The first is the signature, and the second is the verification key that certifies its authenticity. For each new signed document, a new unique key is generated. It is important to understand that the information received on a flash drive in a certification center is not an ES, it is just a means for creating it.

An electronic signature has the same legal weight and effect as a paper document. Of course, if there were no violations during the application of this parameter. If a discrepancy or any deviation from the norm is detected, the document will not become valid. The use of EDS is regulated by the state with the help of two laws FZ-No. 1 and FZ-No. 63. They affect all areas of application of the signature: in civil law relations, in interaction with municipal and state bodies.

How did the idea of ​​using the EPC come about: let's remember the past!

In 1976, two American cryptographers Diffie and Hellman suggested that electronic digital signatures could be created. It was just a theory, but it resonated with the public. As a result, already in 1977, the RSA cryptographic algorithm was released, which made it possible to create the first electronic signatures. Compared to the present, they were very primitive, but it was at this moment that the foundation was laid for the future rapid development of the industry and the ubiquity of electronic document management.

The millennium brought significant changes. In the United States, a law was passed according to which a signature on paper was equal in legal force to an electronic one. Thus, a new rapidly growing segment of the market appeared, the volume of which, according to the forecasts of American analysts, by 2020 will amount to $30 billion.

In Russia, the first EPs began to be used only in 1994. The first law that regulated their application was adopted in 2002. However, it was distinguished by extreme vagueness of wording and ambiguity in the interpretation of terms. The law did not give an unambiguous answer to the question of how to obtain an electronic signature and use it.

In 2010, a large-scale project was developed to create a virtual environment to provide public services in electronic format, which in August of the same year was submitted for consideration to the President of the Russian Federation. One of the key areas of the project is the possibility of using EDS. The regions were obliged to create conditions for free access of individuals and legal entities to the possibilities of electronic document management, so that everyone could receive an electronic signature. Since then, the “electronic state” has been actively developing in Russia.

In 2011, the President ordered the executive authorities to switch to electronic document management within the structures. By June of that year, all officials were provided with EDS. The program was financed from the federal budget. In 2012, electronic document management began to work in all executive authorities of the Russian Federation without exception.

After these transformations, two questions were acute. First, EP was not universal. For each goal, a new signature had to be obtained. Secondly, some crypto providers were not compatible with others, which put their clients in a difficult position. Therefore, since 2012, a global process of unification in the field of electronic document management has begun. Thanks to what we have modern universal signatures and software.

EDS Signature: 5 Benefits and 6 Uses!

Many entrepreneurs do not yet apply in their economic activity EPC. In many ways, the reason for this is elementary ignorance of all its capabilities and advantages. Using an electronic format to sign documents, subjects entrepreneurial activity(IP, LE) receive the following benefits:

1. Documents are maximally protected from falsification.

Since the computer is very difficult to deceive. In this case, it is completely excluded human factor. After all, you can simply not notice that the signature under the document is different from the original. An electronic signature cannot be forged. This requires very large computing power, which is almost impossible to implement at the current level of development of devices, and a lot of time.

1. Optimization, acceleration and simplification of workflow.

Complete exclusion of the possibility of data leakage or loss of important papers. Any copy certified with an electronic identifier is guaranteed to be received by the addressee in the sent form: no extraordinary circumstances can cause damage to it.

1. Reduction of costs due to refusal of paper carriers.

For small firms keeping records in paper form was not burdensome, which cannot be said about large enterprises. Many of them had to rent separate premises, warehouses for storing documents for 5 years. In addition to the cost of paper, printers, ink, stationery, rent was added! In addition, depending on the field of activity, some companies could reduce costs by reducing the number of employees who were involved in documents: receiving, processing, etc. The need to recycle paper has also disappeared: for certain types organizations whose activities are related to confidential information, even this line of expenses turned out to be significant. The process of destroying documents under the EDS is a few clicks with a computer mouse.

1. The format of papers signed by ES fully complies with international requirements.
2. There is no need to obtain a separate signature to participate in bidding or submit reports to regulatory authorities.

You can get an ES, which will allow you to use it at all necessary sites.

Before proceeding to the consideration of the question of how to obtain an electronic signature, we list all possible options its use:

1. Internal document flow. It implies the transfer of commercial information, orders, instructions, etc. inside the company.
2. External document flow. We are talking about the exchange of documents between two organizations partners in the B2B system or between an enterprise and a B2C client.
3. Submission of reports to regulatory authorities:

• Federal Tax Service,
• Pension Fund,
• social insurance fund,
• customs service,
• Rosalkogolregulirovanie,
• Rosfinmonitoring and others.

1. To gain access to the "Client-Bank" system.
2. To participate in auctions and bidding.
3. For public services:

• Website of the State Service,
• RosPatent,
• Rosreestr.

How to get an electronic signature: step by step instructions!

Having appreciated all the advantages of using an electronic signature, you have decided to get it. And, of course, faced with a natural question: how to do it? We will answer this question with a detailed step by step instructions which will help you quickly and easily get EDS signature!

There are 6 steps in total.

Step 1. Selecting the type of ES.

Step 2. Choosing a certification authority.

Step 3. Filling out the application.

Step 4. Payment of the invoice.

Step 5. Collecting a package of documents.

Step 6. Obtaining an EDS.

Now let's talk about each step in more detail!

Step 1. Choice of view: to each his own!

The first step to obtaining an electronic signature is choosing its type. According to federal laws distinguish the following types of EDS:

1. Simple. It encodes data about the owner of the signature, so that the recipient of the paper is convinced who the sender is. It does not protect against forgery.
2. Reinforced:

• unqualified - confirms not only the identity of the sender, but also the fact that no changes were made to the document after signing.
• qualified - the most secure signature, the legal force of which is 100% equivalent to that of an ordinary signature! It is issued only in those centers that are accredited by the FSB.

AT recent times more and more customers want to get an enhanced qualified signature, which is quite reasonable. Like any other "keys" that provide access to private information or financial transactions, fraudsters of the most various categories. Analysts believe that over the next 10 years, the first two species will simply become obsolete. The choice depends on the use of the EDS. To make it easier to make a decision, we have compiled the data in a table, it will help you make a choice and stop at a specific necessary and sufficient form.

Scope of application	Simple	Unskilled	qualified
Internal document flow	+	+	+
External document flow	+	+	+
Court of Arbitration	+	+	+
Website of the State Services	+	-	+
Supervisory authorities	-	-	+
Electronic auctions	-	-	+

If you are going to get an EDS signature for the convenience of reporting, you will have to apply for a qualified one. If the goal is document flow at the enterprise, then it is enough to get a simple or unqualified signature.

Step 2. Certification Authority: TOP-7 largest and most reliable companies!

A certification authority is an organization whose purpose of functioning is to generate and issue electronic digital signatures. A CA is a legal entity whose charter specifies the relevant type of activity. Their functions include:

• issuance of EDS;
• providing a public key to everyone;
• blocking the electronic signature, in the event that there is a suspicion of its unreliability;
• confirmation of the authenticity of the signature;
• mediation in case of conflict situations;
• provision of all necessary software for clients;
• technical support.

At the moment, about a hundred such centers operate on the territory of the Russian Federation. But only seven are industry leaders:

1. EETP is the market leader electronic trading RF. The company's activities are highly diversified, which does not prevent it from occupying leading positions in each segment. In addition to organizing and conducting auctions, he is engaged in the sale of property that is not selling well, teaches the features of participation in auctions, forms and sells EDS.
2. Electronic Express is the official operator of the electronic document management of the Federal Tax Service. It has a full set of licenses (including the FSB license).
3. Taxnet - develops software for electronic document management. Including is engaged in the creation and implementation of EDS.
4. Sertum-Pro Kontur - the company deals with certificates of electronic signatures. In addition, it offers many convenient additional services for its customers, which will significantly expand the possibilities of ES.
5. Taxcom - the company specializes in external and internal document management of companies and reporting to various regulatory authorities. For this, appropriate software is being developed and electronic signatures are being created. It is on the list of official data operators from cash registers.
6. Tenzor is a giant in the world of document management in telecommunications networks. It provides a full range of services: from the development of complexes for automating the workflow at enterprises to the creation and implementation of electronic signatures.
7. National certification center - develops and sells various EDS certificates, offers customers software for generating and submitting reports to all government agencies.

Choose a CA depending on your capabilities and location. It is important to check whether there is a point of issue of ready-made electronic signatures in your city. This is fairly easy to find out by visiting the official websites of the companies.

If for some reason you are not satisfied with the centers from our TOP-7 list, then you can use the services of other companies. A complete list of accredited CAs can be found on the website www.minsvyaz.ru in the "Important" section.

Step 3. How to get an electronic signature: fill out an application!

The choice is made, now you know exactly what you want, so it's time to apply to the certification center. This can be done in two ways: by visiting the company's office or by filling out an application on its website.

Sending an application remotely will save you from a personal visit. The application contains a minimum of information: full name, contact phone number and e-mail. Within an hour after sending, an employee of the CA will call you back and clarify the necessary data. In addition, he will answer all the questions that interest you and advise which type of EDS to choose for your case.

Step 4. Paying the bill: money in advance!

You will have to pay for the service before you receive it. That is, immediately after the application is accepted and the details are agreed with the client, an invoice will be issued in his name. EDS cost varies depending on the company you applied to, the region of residence and the type of signature. It includes:

• generating a signature key certificate,
• software necessary for creating, signing and sending documents,
• customer technical support.

The minimum price is about 1500 rubles. The average is 5,000 - 7,000 rubles. The cost of one ES may be lower than 1,500 rubles, only if signatures are ordered for a large number of employees of one enterprise.

Step 5. Documents for obtaining an EDS: we form a package!

When forming a package of documents, it is essential which subject of civil law acts as a customer: an individual, a legal entity or an individual entrepreneur. Therefore, we will consider documents for obtaining an EDS separately for each category.

Individuals must provide:

• statement,
• passport plus copies
• individual taxpayer number,
• SNILS.
• Receipt of payment.

An authorized representative of the recipient of the electronic signature can submit documents to the CA. To do this, you need to issue a power of attorney.

To obtain an EDS, a legal entity will have to prepare:

1. Statement.
2. Two certificates of state registration: with OGRN and TIN.
3. Extract from the register of legal entities. Important! The extract must be "fresh". Each certification authority has its own requirements for this.
4. Passport plus a copy of the person who will use the ES.
5. SNILS of the employee who will use the EDS.
6. If the signature is issued for the director, then you need to attach an order of appointment.
7. For employees who are lower in the hierarchical ladder of the company, you will have to issue a power of attorney for the right to use the EPC.
8. Receipt of payment.

Documents for obtaining an EDS by individual entrepreneurs:

1. Statement.
2. Registration certificate with OGRNIP number.
3. Certificate with TIN.
4. Extract from the register of entrepreneurs, issued no earlier than 6 months ago, or a copy certified by a notary.
5. The passport.
6. SNILS.
7. Receipt of payment.

An authorized representative of an individual entrepreneur can pick up an electronic digital signature with a power of attorney and passport. When submitting an application in electronic form, documents are sent to the CA by mail, and during a personal visit, they are submitted simultaneously with the application.

Step 6. Getting a digital signature: the finish line!

Documents can be obtained at numerous points of issue, which are located throughout the country. Information about them can be found on the official website of the UC. Usually, the term for obtaining a signature does not exceed two to three days.

Delay is possible only on the part of the customer who did not pay for the services of the certification center in time or did not collect all Required documents. Please note that you need to get an extract from the unified state register of individual entrepreneurs or legal entities on time, since this process takes 5 working days! Some CAs provide the service of urgent issuance of EDS. Then the whole procedure takes about one hour. Now you know how to get an electronic signature.

Important! The EP is valid for one year from the date of its receipt. After this period, it will need to be renewed or a new one obtained.

Do-it-yourself digital signature: the impossible is possible!

In fact, creating an electronic signature on your own is quite realistic. If you have the appropriate education, you can thoroughly understand what an electronic digital signature is and stock up with invincible enthusiasm. True, we should not forget that we will not only have to generate a cryptographic sequence, we also need to develop and write the appropriate software. A natural question arises: why do this? Moreover, the market is replete with ready-made solutions! For large companies is also not profitable to "mess around" with independent development EP, because you will have to hire a staff of new employees in the IT department. And in the article

With the help of which it is possible to establish whether the information contained in an electronic document has been distorted since the moment the signature was formed, and also allows you to confirm that a particular document belongs to the owner.

Deciphering the basic concepts

Each electronic signature must be confirmed by a special certificate that certifies the identity of the owner. You can get a certificate in a special center or from a trusted representative.

The owner of the certificate is an individual to whom the certification center has issued an electronic signature certificate. Each owner has two signature keys: public and private. The ES private key allows you to sign electronic documents, it can be used to generate an electronic signature. It is kept secret, like a pin code from a bank card.

The function of the public key is to verify the authenticity of the signature on documents. It is associated with a closed "colleague" in a one-to-one order.

In law

The Federal Law "On Electronic Digital Signature" subdivides ES into several types: simple ES, enhanced unqualified and qualified ES. Using a simple electronic signature, you can confirm the fact of creating an ES for a specific person. This is done through the use of passwords, codes, and other means.

An enhanced unqualified digital signature is the result of a cryptographic transformation of information, which is performed using the private key of the electronic signature. With the help of such a signature, it is possible to establish the identity of the signer of the document, as well as to detect, if any, changes that have occurred since the signing of the papers.

Qualified signature

The enhanced qualified ES has the same features, however, to create it, the DS is checked using certified Federal Service security of cryptoprotection means. Certificates of such a signature can only be issued in an accredited certification center, and nowhere else.

According to the same law, signatures of the first two types are equivalent to a handwritten signature on a paper document. Between people performing any operation using ES, it is necessary to conclude an appropriate agreement.

The third type (qualified digital signature) is an analogue of not only a handwritten signature, but also a seal. Thus, documents certified by such a signature have legal force and are recognized by regulatory authorities (FTS, FSS and others).

Application for legal entities

Currently, EDS is most often used for a legal entity. The technology of digital signatures in electronic document management is widely used. The purpose of the latter can be different: external and internal exchange, documents can be of a personnel or legislative nature, organizational, administrative or commercial and industrial, in a word, everything that can get by with only a signature and a seal. EDS registration must be carried out in an accredited center.

For internal workflow, a digital signature is useful in that it allows you to quickly initiate the fact of approval of papers that organize internal processes. EDS allows the director not only to sign documents while out of the office, but also not to store piles of papers.

In inter-corporate document management, an electronic digital signature is one of the most important conditions, because without it, digital papers have no legal force and cannot be used as evidence in the event of a lawsuit. An electronic document signed with an enhanced electronic signature retains its legitimacy even when stored in an archive for a long time.

Electronic reporting

EDS is indispensable for reporting to regulatory authorities. Many documents can be submitted electronically instead of carrying a whole pile of forms. The client can not only choose the time and not stand in line, but also submit reports in a way convenient for him: through 1C programs, portals public institutions or separate software specifically designed for this. EDS will be a fundamental element in such a process. For a legal entity that has received an electronic signature certificate, the main criterion should be the reliability of the certification center, but the method of its delivery is unimportant.

public services

Most citizens have come across the term "electronic signature" on various sites. One of the ways to verify an account, for example, on a portal that provides access to many government services, is confirmation by means of an electronic signature. Moreover, digital signature for individuals allows you to sign any digital documents sent to a particular department, or receive signed letters, contracts and notifications. If the executive authority accepts electronic documents, then any citizen can send an application signed with a digital signature and not waste their time filing papers on a first-come, first-served basis.

UEC

An analogue of an EDS for individuals is a universal electronic card into which an enhanced qualified electronic signature is embedded. UEC has the form plastic card and is the identity of the citizen. It is unique, like a passport. Through this card, you can carry out many actions - from paying and receiving public services, to replacing documents such as a medical policy and a SNILS card.

A universal electronic card can be combined with an electronic wallet, bank account and even a travel ticket, in a word, with any of the documents that can be accepted digitally. Is it convenient to carry only one document? Or is it easier to keep everything in paper form? This issue will have to be resolved by every citizen in the near future, because technology is becoming more and more firmly rooted in our lives.

Other applications

Also, documents signed by ES are used for electronic trading. The presence of a digital signature in this case guarantees buyers that the offers at the auction are real. In addition, contracts not signed with the help of the EOC have no legal force.

Electronic documents can be used as evidence when considering cases in arbitration court. Any certificates or receipts, as well as other papers certified by a digital signature or other analogue of a signature, are written evidence.

Document flow between individuals occurs mainly in paper form, however, it is possible to transfer papers or conclude contracts using ES. Remote workers can use a digital signature to electronically submit acceptance certificates.

How to choose a certificate

Since there are three types of electronic signature, citizens often have a question about which certificate is better. It should be remembered that any ES is an analogue of a handwritten signature, and at the moment the legislation of the Russian Federation establishes that a person has the right to use them at his own discretion.

The choice of a digital signature directly depends on the tasks that will be solved through it. If reports are being prepared for submission to regulatory authorities, a qualified signature will be required. For inter-corporate document management, a qualified electronic signature is also most often required, because only it not only gives documents legal force, but also allows you to establish authorship, control changes and the integrity of papers.

Internal document flow can be carried out with all types of digital signatures.

How to sign an EDS document?

The main question for those who need to use for the first time digital signature, is how the document is signed. Everything is simple with papers - I signed and gave it away, but how to do it on a computer? Such a process is impossible without the use of special software. The program for EDS is called cryptographic provider. It is installed on a computer, and various activities with forms are already carried out in its environment.

There are a fairly large number of crypto providers, both commercial and free. All of them are certified by government agencies, however, if interaction with 1C:Enterprise is required, then the choice should be made on one of two products: VipNet CSP or CryptoPro CSP. The first program is free, and the second will need to be bought. You should also be aware that when installing two crypto providers at the same time, conflicts are inevitable, therefore, for correct operation, one of them will have to be removed.

Convenient, according to user reviews, an application for generating digital signatures is called CyberSafe. It not only allows you to sign documents, but also works as a certification center, that is, this program checks the digital signature. Also, the user can upload documents to the server, so the signed agreement or certificate will be available to all enterprise specialists who have access to the program, and there will be no need to send it to everyone by e-mail. On the other hand, you can also make it so that only a certain group of people get access.

EDO - mandatory or not?

Many enterprises have already appreciated that EDS is a convenience, and electronic document management (EDF) saves time, but whether or not to use it is an exclusively personal choice. For the implementation of EDI, it is not necessary to connect the operator; by agreement, you can use the usual email or by any other means of electronic transmission of information, it all depends on the agreement between the participants in the exchange.

The organization of any electronic document management is associated with certain costs, in addition, you will have to install and configure a program for signing documents - a cryptographic provider. This can be done both on your own and use the services of specialists who install the software remotely, even without a visit to the client's office.

EPC in internal EDI

In the case of intercorporate turnover, the pros and cons are immediately clear, and positive sides in the clear majority. Among the shortcomings, one can note only the costs of the EDS key, the organization of software (even if this is a one-time waste), as well as minimizing personal meetings of company representatives and managers, but if necessary, a meeting can be organized.

But what will be useful electronic document management within the enterprise? How will the costs of supplying all employees with EDS keys be paid off?

Using digital documents saves time: instead of first printing out the necessary paper and then looking for it among a pile of printouts or even going to another office if a network printer is used, an employee can sign and send everything without getting up from the table. In addition, when switching to EDI, the cost of paper, toner and Maintenance printers.

Digital documents can also be a tool for maintaining confidentiality. An electronic signature cannot be forged, which means that even if an employee or manager has ill-wishers inside the company, they will not be able to perform any substitution of documents.

Often, innovations move slowly, so that it may be difficult for employees to get used to the new format of filing documents at first, but once they appreciate the convenience of the EDS, they will no longer want to return to running around with pieces of paper.

Psychological barrier

Electronic digital signatures have appeared relatively recently, so it is difficult for many to perceive them as a real analogue of familiar paper documents. At many enterprises, a similar problem arises: employees simply do not consider the contract signed until the paper has a real seal and signature. They use scans from paper documents and easily lose their EDS key. Get over this psychological barrier help ... one more piece of paper. Officially certified by a "wet" signature, the provision on electronic document management will let employees understand that this is a serious thing, and digital documents should be treated the same way as analog ones.

Another problem may arise in the educational part. Many companies employ older workers. They are valuable personnel, experienced in their field, have a lot of experience, but it can be quite difficult for them to explain how to use an electronic digital signature, because they have just recently been mastering e-mail, and here everything is much more complicated, and even there are many nuances.

The task of training can be transferred to the IT department or to resort to the help of third-party specialists. Many companies provide computer training and courses for their employees, where they are explained the basics of working with e-mail and various programs. Why not include an application for generating digital signatures in this list?