Federal Law of the Russian Federation No. 63-FZ of 6 April 2011
Unofficial translation. Only the Russian original published in the official sources of the Russian Federation has legal force. This translation is provided for reference and does not replace the official document.
This Federal Law governs relations in the field of the use of electronic signatures in civil law transactions, the provision of state and municipal services, the performance of state and municipal functions, and the performance of other legally significant actions, including in cases established by other federal laws.
For the purposes of this Federal Law, the following basic concepts are used:
1) electronic signature means information in electronic form which is attached to other information in electronic form (the information being signed) or is otherwise connected with such information and which is used to identify the person signing the information;
2) electronic signature verification key certificate means an electronic document or a paper document issued by a certification centre or by a trusted person of a certification centre and confirming that the electronic signature verification key belongs to the holder of the electronic signature verification key certificate;
3) qualified electronic signature verification key certificate (hereinafter the qualified certificate) means an electronic signature verification key certificate which complies with the requirements established by this Federal Law and other regulatory legal acts adopted in accordance with it, is created by an accredited certification centre or by the federal executive body authorised in the field of the use of electronic signatures (hereinafter the authorised federal body) and is for that reason an official document;
4) holder of an electronic signature verification key certificate means a person to whom an electronic signature verification key certificate has been issued in accordance with the procedure established by this Federal Law;
5) electronic signature key means a unique sequence of characters intended for creating an electronic signature;
6) electronic signature verification key means a unique sequence of characters uniquely linked to the electronic signature key and intended for verifying the authenticity of an electronic signature (hereinafter electronic signature verification);
7) certification centre means a legal entity, an individual entrepreneur, or a state body or local self-government body performing the functions of creating and issuing electronic signature verification key certificates as well as other functions provided for by this Federal Law;
8) accreditation of a certification centre means recognition of the compliance of a certification centre with the requirements of this Federal Law;
8.1) accreditation of a trusted third party means recognition by the authorised federal body of the compliance of a legal entity with the requirements of this Federal Law for a trusted third party;
9) electronic signature tools are encryption (cryptographic) tools used to implement at least one of the following functions - creation of an electronic signature, verification of an electronic signature, creation of an electronic signature key and an electronic signature verification key;
10) certification centre tools are software and (or) hardware tools used to implement the functions of a certification centre;
11) participants in electronic interaction are state bodies, local self-government bodies, organisations, individual entrepreneurs and citizens exchanging information in electronic form;
12) corporate information system means an information system in which the participants in electronic interaction constitute a definite group of persons;
13) public information system means an information system in which the participants in electronic interaction constitute an indefinite group of persons and the use of which may not be refused to those persons;
14) delivery of an electronic signature verification key certificate means the handover, by a trusted person of a certification centre, of an electronic signature verification key certificate created by that certification centre to its holder;
15) confirmation of possession of an electronic signature key means the receipt by a certification centre or the authorised federal body of evidence that the person who has applied for an electronic signature verification key certificate possesses the electronic signature key corresponding to the electronic signature verification key indicated by that person for obtaining the certificate;
16) applicant means a commercial organisation, a non-commercial organisation, a state body, an individual entrepreneur, a natural person not registered as an individual entrepreneur but carrying out income-generating professional activity in accordance with federal laws on the basis of state registration and (or) a licence or by virtue of membership of a self-regulatory organisation, as well as any other natural person, persons holding state offices of the Russian Federation or state offices of constituent entities of the Russian Federation, officials of state bodies or local self-government bodies, employees of organisations subordinate to such bodies, notaries and persons authorised to perform notarial acts (hereinafter notaries), applying to a certification centre with a corresponding application for the issue of an electronic signature verification key certificate to obtain an electronic signature verification key certificate as the future holder of such certificate;
17) trusted third party means a legal entity carrying out the activity of verifying an electronic signature in electronic documents at a specific moment in time in respect of the person who signed the electronic document, to ensure trust in the exchange of data and electronic documents, as well as other functions provided for by this Federal Law;
18) trusted third party tools are software and (or) hardware tools used by a trusted third party to provide services and having undergone the procedure of confirmation of compliance with the requirements established in accordance with this Federal Law;
19) trusted time stamp means reliable information in electronic form on the date and time of signing of an electronic document with an electronic signature, which is created and verified by a trusted third party, a certification centre or an information system operator and obtained at the moment of signing of the electronic document with an electronic signature in accordance with the procedure established by the authorised federal body, using software and (or) hardware tools that have undergone the procedure of confirmation of compliance with the requirements established in accordance with this Federal Law.
1. Relations in the field of the use of electronic signatures are governed by this Federal Law, other federal laws, regulatory legal acts adopted in accordance with them, and agreements between participants in electronic interaction. Unless otherwise established by federal laws, regulatory legal acts adopted in accordance with them or the decision on the creation of a corporate information system, the procedure for using an electronic signature in a corporate information system may be established by the operator of that system or by an agreement between the participants in electronic interaction in it.
2. The types of electronic signatures used by executive bodies and local self-government bodies, the procedure for their use, and the requirements for ensuring the compatibility of electronic signature tools in organising electronic interaction of those bodies with one another are established by the Government of the Russian Federation.
The principles of the use of an electronic signature are:
1) the right of participants in electronic interaction to use an electronic signature of any type at their own discretion, unless a requirement to use a specific type of electronic signature in accordance with the purposes of its use is provided for by federal laws or regulatory legal acts adopted in accordance with them or by an agreement between participants in electronic interaction;
2) the possibility for participants in electronic interaction to use, at their own discretion, any information technology and (or) technical means allowing the requirements of this Federal Law to be met with regard to the use of specific types of electronic signatures;
3) the inadmissibility of recognising an electronic signature and (or) an electronic document signed with it as having no legal force solely on the ground that such electronic signature was created not by hand but with the use of electronic signature tools for the automatic creation and (or) automatic verification of electronic signatures in an information system.
1. The types of electronic signatures the relations in the field of whose use are governed by this Federal Law are the simple electronic signature and the enhanced electronic signature. A distinction is drawn between the enhanced non-qualified electronic signature (hereinafter the non-qualified electronic signature) and the enhanced qualified electronic signature (hereinafter the qualified electronic signature).
2. A simple electronic signature is an electronic signature which, through the use of codes, passwords or other means, confirms the fact that the electronic signature has been formed by a specific person.
3. A non-qualified electronic signature is an electronic signature which: 1) is obtained as a result of cryptographic transformation of information using an electronic signature key; 2) allows the person who signed the electronic document to be identified; 3) allows the fact of changes being made to the electronic document after the moment of its signing to be detected; 4) is created using electronic signature tools.
4. A qualified electronic signature is an electronic signature which complies with all the attributes of a non-qualified electronic signature and with the following additional attributes: 1) the electronic signature verification key is indicated in the qualified certificate; 2) electronic signature tools with confirmation of compliance with the requirements established in accordance with this Federal Law are used to create and verify the electronic signature.
5. When a non-qualified electronic signature is used, an electronic signature verification key certificate need not be created if the compliance of the electronic signature with the attributes of a non-qualified electronic signature established by this Federal Law may be ensured without the use of an electronic signature verification key certificate.
1. Information in electronic form signed with a qualified electronic signature is recognised as an electronic document equivalent to a paper document signed with a handwritten signature and may be used in any legal relations in accordance with the legislation of the Russian Federation, except where federal laws or regulatory legal acts adopted in accordance with them establish a requirement that the document be drawn up exclusively on paper.
2. Information in electronic form signed with a simple electronic signature or a non-qualified electronic signature is recognised as an electronic document equivalent to a paper document signed with a handwritten signature in cases established by federal laws, regulatory legal acts adopted in accordance with them, regulatory acts of the Central Bank of the Russian Federation (hereinafter regulatory legal acts) or an agreement between participants in electronic interaction, including the rules of payment systems (hereinafter agreements between participants in electronic interaction). Regulatory legal acts and agreements between participants in electronic interaction establishing cases in which electronic documents signed with a non-qualified electronic signature are recognised as equivalent to paper documents signed with a handwritten signature shall provide for the procedure for verifying the electronic signature. Regulatory legal acts and agreements between participants in electronic interaction establishing cases in which electronic documents signed with a simple electronic signature are recognised as equivalent to paper documents signed with a handwritten signature shall comply with the requirements of Article 9 of this Federal Law.
3. If, in accordance with federal laws, regulatory legal acts adopted in accordance with them or business custom, a document shall be certified by a seal, an electronic document signed with an enhanced electronic signature and recognised as equivalent to a paper document signed with a handwritten signature is recognised as equivalent to a paper document signed with a handwritten signature and certified by a seal. Federal laws, regulatory legal acts adopted in accordance with them or an agreement between participants in electronic interaction may provide for additional requirements for an electronic document for it to be recognised as equivalent to a paper document certified by a seal. 3.1. If federal laws or regulatory legal acts adopted in accordance with them provide that a document shall be signed by several persons, the electronic document shall be signed by the persons (authorised officials of the body or organisation) who produced that document with the type of signature established by the legislation of the Russian Federation for signing the produced electronic document with an electronic signature.
4. Several interconnected electronic documents (a package of electronic documents) may be signed with one electronic signature. When a package of electronic documents is signed with an electronic signature, each of the electronic documents included in that package is deemed signed with an electronic signature of the type with which the package of electronic documents is signed. An exception is made for cases where the person who signed the package included in the package of electronic documents electronic documents created by other persons (bodies, organisations) and signed by them with the type of electronic signature established by the legislation of the Russian Federation for the signing of such documents. In those cases the electronic document included in the package is deemed signed by the person who originally created such electronic document, with the type of electronic signature with which that document was signed upon creation, regardless of the type of electronic signature with which the package of electronic documents is signed.
1. Electronic signatures created in accordance with the rules of law of a foreign state and international standards are recognised in the Russian Federation as electronic signatures of the type whose attributes they comply with on the basis of this Federal Law, subject to Parts 3 and 4 of this Article.
2. An electronic signature and an electronic document signed with it may not be deemed to have no legal force solely on the ground that the electronic signature verification key certificate was issued in accordance with the rules of foreign law.
3. Recognition of electronic signatures created in accordance with the rules of law of a foreign state and international standards as complying with the attributes of an enhanced electronic signature, and their use in legal relations in accordance with the legislation of the Russian Federation, are carried out in cases established by international treaties of the Russian Federation. Such electronic signatures are recognised as valid where their compliance with the requirements of those international treaties is confirmed by an accredited trusted third party, an accredited certification centre or another person authorised to do so by an international treaty of the Russian Federation, taking into account this Federal Law.
4. In the absence of an international treaty of the Russian Federation referred to in Part 3 of this Article, electronic signatures created in accordance with the rules of law of a foreign state and international standards may be used in legal relations between participants in electronic interaction on the basis of an agreement between such participants. In that case electronic signatures are recognised as valid when used in legal relations between the participants in electronic interaction that are parties to the agreement, provided that the compliance of the electronic signatures with the requirements of that agreement is confirmed by an accredited trusted third party, or an accredited certification centre, or other persons authorised by the parties to that agreement. In cases where electronic interaction is carried out using information systems whose operators and (or) owners are state bodies, local self-government bodies or the Central Bank of the Russian Federation, the provisions of this Part do not apply unless otherwise provided for by federal law.
1. The authorised federal body is determined by the Government of the Russian Federation.
2. The authorised federal body: 1) carries out accreditation of certification centres, conducts inspections of compliance by accredited certification centres with the requirements established by this Federal Law and other regulatory legal acts adopted in accordance with it, including the requirements against which those certification centres were accredited, and, where non-compliance with those requirements is identified, issues directives to eliminate the identified violations; 2) performs the functions of the head certification centre in respect of accredited certification centres; 3) carries out accreditation of trusted third parties, conducts inspections of compliance by trusted third parties with the requirements established by this Federal Law and other regulatory legal acts adopted in accordance with it, in accordance with the procedure established by the authorised federal body, and, where non-compliance with those requirements is identified, issues directives to eliminate the identified violations.
3. The authorised federal body shall ensure the storage of the following information specified in this Part and round-the-clock unimpeded access to it using information and telecommunication networks: 1) the names and addresses of accredited certification centres; 1.1) the names and addresses of accredited trusted third parties; 2) the register of qualified certificates issued by the authorised federal body; 3) the list of certification centres whose accreditation has been terminated early; 4) the list of accredited certification centres whose accreditation has been suspended; 5) the list of accredited certification centres whose activity has been terminated; 5.1) the list of trusted third parties whose accreditation has been terminated early; 5.2) the list of accredited trusted third parties whose accreditation has been suspended; 5.3) the list of accredited trusted third parties whose activity has been terminated; 6) the registers of qualified certificates issued by accredited certification centres, transferred to the authorised federal body in accordance with Article 15 of this Federal Law.
4. The federal executive body performing the functions of formulating and implementing state policy and legal regulation in the field of information technologies establishes: 1) the procedure for transferring the registers of qualified certificates issued by accredited certification centres and other information to the authorised federal body in the event of termination of the activity of an accredited certification centre; 2) the procedure for forming and maintaining the registers of qualified certificates issued by accredited certification centres, as well as for providing information from such registers, including requirements for the format of provision of such information; 3) the rules for accreditation of certification centres and trusted third parties, and the procedure for inspecting compliance by accredited certification centres and accredited trusted third parties with the requirements established by this Federal Law and other regulatory legal acts adopted in accordance with it, including the requirements against which those certification centres and trusted third parties were accredited; 4) the requirements for the procedure for implementing the functions of an accredited certification centre and an accredited trusted third party and for performing their duties established by this Federal Law and other regulatory legal acts adopted in accordance with it, in agreement with the federal executive body in the field of ensuring security; 5) the format of an electronic signature, mandatory for implementation by all electronic signature tools, in agreement with the federal executive body in the field of ensuring security; 6) the requirements for the procedure of actions of an accredited certification centre where reasonable doubts arise regarding the person who gave the instruction to use stored electronic signature keys, as well as upon suspension (termination) of the technical possibility of using stored electronic signature keys, including informing holders of qualified certificates of the events that caused the suspension (termination) of the technical possibility of using stored electronic signature keys, of their causes and consequences; 7) in agreement with the federal executive body in the field of ensuring security, the list of security threats relevant to the identification of an applicant who is a natural person at an accredited certification centre, to the issue of a qualified certificate without his personal presence with the use of information technologies by providing data from the unified identification and authentication system and the state information system "Unified System of Identification and Authentication of Natural Persons Using Biometric Personal Data" (hereinafter the unified biometric system), and to the storage and use of an electronic signature key at an accredited certification centre.
5. The federal executive body in the field of ensuring security: 1) in agreement with the authorised federal body, establishes the requirements for the form of the qualified certificate and the rules for confirmation of possession of an electronic signature key; 2) establishes the requirements for electronic signature tools and certification centre tools, except for those specified in paragraph 2.1 of this Part, and for trusted third party tools, including requirements for the electronic signature tools used by a trusted third party; 2.1) establishes the requirements for electronic signature tools and certification centre tools used to implement the functions provided for by Part 2.2 of Article 15 of this Federal Law, including requirements for: (a) storing qualified electronic signature keys and automatically creating such signature using them on the instruction of the relevant holders of qualified certificates; (b) authenticating the holders of qualified certificates on whose instruction the accredited certification centre creates and verifies a qualified electronic signature; (c) protecting the information transmitted via the interaction channel between the holder of a qualified certificate and the accredited certification centre creating and verifying a qualified electronic signature on the instruction of such holder; (d) proving the impossibility of the holder of a qualified certificate repudiating the instruction to create a qualified electronic signature; 3) confirms the compliance of electronic signature tools and certification centre tools with the requirements established in accordance with this Federal Law and publishes the list of such tools; 4) confirms the compliance of trusted third party tools with the requirements established in accordance with this Federal Law and publishes the list of such tools.
6. The federal executive body authorised to perform law enforcement functions for ensuring the execution of the federal budget and the treasury servicing of the execution of budgets of the budget system of the Russian Federation shall ensure the formation and maintenance, as a state information resource, of the list of state bodies information on which is not included in the unified state register of legal entities, in accordance with the procedure established by that federal executive body, and shall also ensure the storage of the data contained in that list and round-the-clock unimpeded access to that list using information and telecommunication networks.
1. An electronic document is deemed signed with a simple electronic signature where, among other things, one of the following conditions is met: 1) the simple electronic signature is contained in the electronic document itself; 2) the simple electronic signature key is used in accordance with the rules established by the operator of the information system with the use of which the electronic document is created and (or) sent, and the created and (or) sent electronic document contains information indicating the person on whose behalf the electronic document was created and (or) sent.
2. Regulatory legal acts and (or) agreements between participants in electronic interaction establishing cases in which electronic documents signed with a simple electronic signature are recognised as equivalent to paper documents signed with a handwritten signature shall provide for, in particular: 1) the rules for identifying the person signing an electronic document by his simple electronic signature; 2) the duty of the person creating and (or) using a simple electronic signature key to maintain its confidentiality.
3. The rules established by Articles 10 to 18 of this Federal Law do not apply to relations connected with the use of a simple electronic signature, including the creation and use of a simple electronic signature key.
4. The use of a simple electronic signature for signing electronic documents containing information constituting a state secret, or in an information system containing information constituting a state secret, shall not be permitted.
1. When using enhanced electronic signatures, participants in electronic interaction shall: 1) ensure the confidentiality of electronic signature keys, in particular not allow the electronic signature keys belonging to them to be used without their consent; 2) notify the certification centre that issued the electronic signature verification key certificate, and other participants in electronic interaction, of a breach of the confidentiality of an electronic signature key within no more than one working day from the day of receipt of information about such breach; 3) not use an electronic signature key where there are grounds to believe that the confidentiality of that key has been breached; 4) use, for creating and verifying qualified electronic signatures and creating qualified electronic signature keys and their verification keys, electronic signature tools with confirmation of compliance with the requirements established in accordance with this Federal Law; 5) ensure the immediate destruction of the electronic signature keys belonging to them upon expiry of the validity periods of those keys in respect of enhanced qualified electronic signatures. For the destruction of electronic signature keys, electronic signature tools which have undergone the conformity assessment procedure in accordance with the established procedure and which incorporate an information destruction function shall be used.
2. Participants in electronic interaction may not establish restrictions on the recognition of an enhanced qualified electronic signature other than those provided for by this Federal Law. Violation of the prohibition on restricting or refusing the recognition of electronic documents signed with a qualified electronic signature that complies with the requirements imposed on it as equivalent to paper documents signed with a handwritten signature, as well as violation of the prohibition on the imposition by operators of state and municipal information systems, information systems whose use is provided for by regulatory legal acts, or public information systems of requirements for the presence in a qualified certificate of information that is not mandatory under this Federal Law and regulatory legal acts adopted in accordance with it, for any reasons other than those provided for by this Federal Law, shall not be permitted.
A qualified electronic signature is recognised as valid until otherwise established by a court decision, subject to simultaneous compliance with the following conditions:
1) the qualified certificate has been created and issued by an accredited certification centre whose accreditation is valid on the day of issue of that certificate;
2) the qualified certificate is valid at the moment of signing of the electronic document (where there is reliable information about the moment of signing of the electronic document) or on the day of verification of the validity of that certificate, if the moment of signing of the electronic document is not determined;
2.1) the validity period of the electronic signature key indicated in the qualified certificate in accordance with paragraph 9 of Part 2 of Article 17 of this Federal Law has not expired at the moment of signing of the electronic document (where there is reliable information about the moment of signing of the electronic document) or on the day of verification of the qualified electronic signature created using that electronic signature key, if the moment of signing of the electronic document is not determined;
3) there is a positive result of verification that the qualified electronic signature with which the electronic document is signed belongs to the holder of the qualified certificate, and the absence of changes made to that document after its signing has been confirmed. Such verification is carried out using electronic signature means that have confirmation of conformity with the requirements established in accordance with this Federal Law, and using the qualified certificate of the person who signed the electronic document;
4) Repealed as of 1 July 2020. - Federal Law No. 476-FZ of 27 December 2019.
1. To create and verify an electronic signature, and to create an electronic signature key and an electronic signature verification key, electronic signature means shall be used which: 1) make it possible to establish the fact of alteration of a signed electronic document after the moment of its signing; 2) ensure the practical impossibility of computing the electronic signature key from the electronic signature or from its verification key; 3) make it possible to create an electronic signature in a format established by the federal executive body exercising functions of developing and implementing state policy and regulatory legal regulation in the field of information technologies and allowing its verification by all electronic signature means.
2. When creating an electronic signature, electronic signature means shall: 1) display, independently or using the software, software-hardware and technical means necessary for displaying the information signed using those means, to the person creating the electronic signature, the content of the information being signed; 2) create an electronic signature only after the person signing the electronic document confirms the operation to create the electronic signature; 3) unambiguously show that the electronic signature has been created.
3. When verifying an electronic signature, electronic signature means shall: 1) display, independently or using the software, software-hardware and technical means necessary for displaying information signed using those means, the content of the electronic document signed with the electronic signature, including a visualisation of that electronic signature containing information that such document is signed with an electronic signature, as well as the number, holder and validity period of the electronic signature verification key certificate; 2) display information on the making of changes to an electronic document signed with the electronic signature; 3) indicate the person using whose electronic signature key the electronic documents were signed.
4. Electronic signature means intended for creating electronic signatures in electronic documents containing information constituting a state secret, or intended for use in an information system containing information constituting a state secret, shall be subject to confirmation of conformity with mandatory requirements for the protection of information of the corresponding degree of secrecy in accordance with the legislation of the Russian Federation. Electronic signature means intended for creating electronic signatures in electronic documents containing restricted-access information (including personal data) shall not violate the confidentiality of such information.
5. The requirements of parts 2 and 3 of this Article do not apply to electronic signature means used for automatic creation and (or) automatic verification of electronic signatures in an information system.
1. The certification centre: 1) creates electronic signature verification key certificates and issues such certificates to applicants subject to identification of the applicant. Identification of the applicant is carried out in his or her personal presence, or by identifying the applicant without his or her personal presence using a qualified electronic signature where there is a valid qualified certificate, or by identifying an applicant who is a citizen of the Russian Federation, with the use of information technologies and without his or her personal presence, through provision of the information specified in the document proving the identity of a citizen of the Russian Federation outside the territory of the Russian Federation which contains an electronic data carrier with the personal data of the passport holder recorded on it, including biometric personal data, or through provision of data from the unified identification and authentication system and information from the unified biometric system in accordance with the procedure established by Federal Law No. 572-FZ of 29 December 2022 "On the Identification and (or) Authentication of Natural Persons Using Biometric Personal Data, on Amendments to Certain Legislative Acts of the Russian Federation and the Repeal of Certain Provisions of Legislative Acts of the Russian Federation". If a natural person, for the provision of his or her biometric personal data for the purpose of identification without personal presence, refuses to use the encryption (cryptographic) means specified in Article 19 of Federal Law No. 572-FZ of 29 December 2022 "On the Identification and (or) Authentication of Natural Persons Using Biometric Personal Data, on Amendments to Certain Legislative Acts of the Russian Federation and the Repeal of Certain Provisions of Legislative Acts of the Russian Federation", the certification centre shall refuse to carry out such identification for that person. Creation of electronic signature verification key certificates and issue of such certificates to applicants in respect of enhanced non-qualified electronic signatures may also be carried out where the person submitting an application in electronic form without personal presence is determined using a simple electronic signature whose key was obtained upon personal appearance in accordance with the rules for the use of a simple electronic signature when applying for state and municipal services in electronic form established by the Government of the Russian Federation, and provided that interaction of the certification centre with the unified identification and authentication system, citizens (natural persons) and organisations is arranged using information protection means that have passed the conformity assessment procedure in accordance with the established procedure, or using an enhanced non-qualified electronic signature whose verification key certificate has been created and is used in the infrastructure ensuring information technology interaction of the information systems used for the provision of state and municipal services in electronic form, in accordance with the procedure established by the Government of the Russian Federation, which provides, among other things, for the procedure for verifying such electronic signature, and provided that interaction of the natural person with that infrastructure is arranged using information protection means that have passed the conformity assessment procedure in accordance with the established procedure; 1.1) confirms, in accordance with the rules for confirming possession of an electronic signature key, the applicant's possession of the electronic signature key corresponding to the electronic signature verification key specified by the applicant for obtaining an electronic signature verification key certificate; 1.2) creates electronic signature verification key certificates and issues such certificates to applicants in respect of an enhanced non-qualified electronic signature, which may be done where the person submitting an application in electronic form without personal presence is determined using a non-qualified electronic signature in whose creation and verification electronic signature means and certification centre means are applied that have passed, in accordance with the established procedure, the procedure of conformity with the requirements established in accordance with part 5 of Article 8 of this Federal Law, where there is a valid electronic signature verification key certificate issued by the same certification centre and in the same manner, provided that, upon the applicant's earlier application to that certification centre for the creation of an electronic signature verification key certificate and the issue of such certificate to the applicant in respect of an enhanced non-qualified electronic signature, identification of the applicant was carried out by the certification centre in one of the ways specified in paragraph 1 of this part, and provided that the creation and issue to the applicant of each subsequent electronic signature verification key certificate were carried out by the certification centre before expiry of the validity period of the previous electronic signature verification key certificate. The certification centre shall ensure, including in accordance with the procedure provided for by part 7 of this Article, storage of the data confirming that such identification was carried out and that the applicant was familiarised with the electronic signature verification key certificate; 2) establishes the validity periods of electronic signature verification key certificates; 3) cancels electronic signature verification key certificates issued by that certification centre; 4) issues, upon the applicant's request, electronic signature means containing an electronic signature key and an electronic signature verification key (including those created by the certification centre) or enabling the applicant to create an electronic signature key and an electronic signature verification key; 5) maintains a register of electronic signature verification key certificates issued and cancelled by that certification centre (hereinafter the "certificate register"), including, among other things, the information contained in the electronic signature verification key certificates issued by that certification centre and information on the dates of termination of validity or cancellation of electronic signature verification key certificates and on the grounds for such termination or cancellation; 6) establishes the procedure for maintaining the register of certificates that are not qualified certificates and the procedure for access to it, and also ensures access of persons to the information contained in the certificate register, including via the "Internet" information and telecommunications network; 7) creates, upon applicants' requests, electronic signature keys and electronic signature verification keys; 8) verifies the uniqueness of electronic signature verification keys in the certificate register; 9) verifies electronic signatures upon requests from participants in electronic interaction; 10) carries out other activities connected with the use of electronic signatures.
2. The certification centre shall: 1) inform applicants of the terms and procedure for using electronic signatures and electronic signature means, of the risks connected with the use of electronic signatures, and of the measures necessary to ensure the security of electronic signatures and their verification; 2) keep the information contained in the certificate register up to date and protect it from unlawful access, destruction, modification, blocking and other unlawful actions; 3) provide free of charge to any person, upon that person's request and in accordance with the established procedure for access to the certificate register, the information contained in the certificate register, including information on cancellation of an electronic signature verification key certificate; 4) ensure the confidentiality of electronic signature keys created by the certification centre; 5) refuse to create an electronic signature verification key certificate for an applicant if it has not been confirmed that the applicant possesses the electronic signature key corresponding to the electronic signature verification key specified by the applicant for obtaining an electronic signature verification key certificate; 6) refuse to create an electronic signature verification key certificate for an applicant in the event of a negative result of verification in the certificate register of the uniqueness of the electronic signature verification key specified by the applicant for obtaining an electronic signature verification key certificate; 7) immediately inform the holder of a qualified certificate of identified cases of suspension (termination) of the technical possibility of using the electronic signature key not provided for by the agreement of the parties, or of the accredited certification centre having reasonable doubts that an instruction to use the electronic signature key was received from the person authorised by the agreement of the parties (where the accredited certification centre carries out the activities provided for by part 2.2 of Article 15 of this Federal Law). 2.1. A certification centre shall be prohibited from specifying, in an electronic signature verification key certificate created by it, an electronic signature verification key that is contained in an electronic signature verification key certificate issued to that certification centre by any other certification centre.
3. The certification centre is liable in accordance with the legislation of the Russian Federation for harm caused to third parties as a result of: 1) non-performance or improper performance of obligations arising from the contract for the provision of services by the certification centre; 2) non-performance or improper performance of the duties provided for by this Federal Law.
4. Third parties, on the basis of an agreement concluded with a certification centre or on the basis of a regulatory legal act of the Russian Federation, are vested with the authority to receive applications for the issue of electronic signature verification key certificates and to hand over electronic signature verification key certificates on behalf of that certification centre (hereinafter "trusted persons"). When performing the actions entrusted by the certification centre, a trusted person shall identify the applicant in his or her personal presence.
5. The certification centre specified in part 4 of this Article is, in relation to trusted persons, the root certification centre and performs the following functions: 1) verifies electronic signatures whose verification keys are specified in electronic signature verification key certificates issued by trusted persons; 2) ensures electronic interaction of trusted persons with one another, as well as of trusted persons with the certification centre.
6. Information entered in the certificate register shall be stored for the entire period of the certification centre's activity, unless a shorter period is established by regulatory legal acts. If a certification centre terminates its activity without its functions being transferred to other persons, it shall notify in writing the holders of electronic signature verification key certificates which were issued by that certification centre and whose validity period has not expired, at least one month before the date of termination of that certification centre's activity. In that case, after completion of the certification centre's activity, the information entered in the certificate register shall be destroyed. If a certification centre terminates its activity with its functions being transferred to other persons, it shall notify in writing the holders of electronic signature verification key certificates which were issued by that certification centre and whose validity period has not expired, at least one month before the date of transfer of its functions. In that case, after completion of the certification centre's activity, the information entered in the certificate register shall be transferred to the person to whom the functions of the certification centre that has terminated its activity have passed.
7. The procedure for performing the functions of the certification centre, exercising its rights and discharging the duties determined by this Article is established by the certification centre independently, unless otherwise established by this Federal Law and other federal laws or regulatory legal acts adopted in accordance with them, or by an agreement between the participants in electronic interaction.
8. A contract for the provision of services by a certification centre carrying out its activity in respect of an unlimited range of persons using a public information system is a public contract.
1. The certification centre creates and issues an electronic signature verification key certificate on the basis of an agreement between the certification centre and the applicant.
2. An electronic signature verification key certificate shall contain the following information: 1) the unique number of the electronic signature verification key certificate and the dates of commencement and expiry of the validity period of such certificate; 2) the surname, first name and patronymic (if any) - for natural persons, the name and location - for legal entities and state bodies included in the list provided for by part 6 of Article 8 of this Federal Law, or other information making it possible to identify the holder of the electronic signature verification key certificate; 3) the unique electronic signature verification key; 4) the name of the electronic signature means used and (or) the standards whose requirements the electronic signature key and the electronic signature verification key conform to; 5) the name of the certification centre that issued the electronic signature verification key certificate; 6) other information provided for by part 2 of Article 17 of this Federal Law - for a qualified certificate.
3. Where an enhanced electronic signature verification key certificate is issued to a legal entity, a natural person acting on behalf of the legal entity without a power of attorney in accordance with the civil legislation of the Russian Federation is specified as the holder of the electronic signature verification key certificate alongside the name of the legal entity (hereinafter the "person authorised to act without a power of attorney"). Where an electronic signature verification key certificate of a legal entity that is not a qualified certificate of a legal entity is issued, a natural person acting on behalf of the legal entity on the basis of a power of attorney may be specified as the holder of such electronic signature verification key certificate alongside the name of the legal entity. In the cases provided for by Articles 17.2 and 17.4 of this Federal Law, a natural person acting on behalf of a legal entity or a state body included in the list provided for by part 6 of Article 8 of this Federal Law is not specified as the holder of the electronic signature verification key certificate in an electronic signature verification key certificate used for automatic creation and (or) automatic verification of electronic signatures in an information system. In such case, an administrative act of the legal entity or of the state body included in the list provided for by part 6 of Article 8 of this Federal Law determines the natural person responsible for automatic creation and (or) automatic verification of the electronic signature in the information system and the person responsible for the content of the information signed with that electronic signature. In the absence of such administrative act, the person responsible for automatic creation and (or) automatic verification of the electronic signature in the information system is the head of the legal entity or of the state body included in the list provided for by part 6 of Article 8 of this Federal Law. Where a federal law assigns the powers to perform state functions to a specific official, that official is responsible for automatic creation and (or) automatic verification of the electronic signature in the information system in the performance of state functions.
4. The certification centre may issue electronic signature verification key certificates both in the form of electronic documents and in the form of documents on paper. The holder of an electronic signature verification key certificate issued in the form of an electronic document may also receive a copy of the electronic signature verification key certificate on paper, certified by the certification centre.
5. An electronic signature verification key certificate is valid from the moment of its issue, unless a different commencement date of validity of such certificate is specified in the electronic signature verification key certificate itself. Information on the electronic signature verification key certificate shall be entered by the certification centre in the certificate register no later than the commencement date of validity of such certificate specified in it.
6. An electronic signature verification key certificate ceases to be valid: 1) upon expiry of its established validity period; 2) on the basis of an application by the holder of the electronic signature verification key certificate, submitted in the form of a document on paper or in the form of an electronic document; 3) where the certification centre terminates its activity without its functions being transferred to other persons; 4) in other cases established by this Federal Law, other federal laws, regulatory legal acts adopted in accordance with them, or an agreement between the certification centre and the holder of the electronic signature verification key certificate. 6.1. The certification centre cancels an electronic signature verification key certificate in the following cases: 1) it has not been confirmed that the holder of the electronic signature verification key certificate possesses the electronic signature key corresponding to the electronic signature verification key specified in such certificate; 2) it has been established that the electronic signature verification key contained in such certificate is already contained in another previously created electronic signature verification key certificate; 3) a court decision has entered into force which establishes, in particular, that the electronic signature verification key certificate contains inaccurate information.
7. Information on termination of validity and (or) cancellation of an electronic signature verification key certificate shall be entered by the certification centre in the certificate register within twelve hours from the moment the circumstances specified in parts 6 and 6.1 of this Article occur, or within twelve hours from the moment the certification centre became aware, or ought to have become aware, of the occurrence of such circumstances. The validity of an electronic signature verification key certificate terminates from the moment an entry to that effect is made in the certificate register.
8. Repealed. - Federal Law No. 445-FZ of 30 December 2015.
9. Use of a cancelled electronic signature verification key certificate does not entail legal consequences, except those connected with its cancellation. Before information on cancellation of an electronic signature verification key certificate is entered in the certificate register, the certification centre shall notify the holder of the electronic signature verification key certificate of the cancellation of his or her electronic signature verification key certificate by sending a document on paper or an electronic document.
1. Accredited certification centres are certification centres that have received accreditation, as well as the certification centre of the federal executive body authorised to carry out state registration of legal entities, the certification centre of the federal executive body authorised to exercise law enforcement functions for ensuring execution of the federal budget and treasury servicing of the execution of budgets of the budgetary system of the Russian Federation, and the certification centre of the Central Bank of the Russian Federation. These certification centres shall store the following information: 1) the particulars of the principal identity document of the holder of a qualified certificate who is a natural person; 2) data on the name, number and date of issue of the document confirming the right of the person acting on behalf of an applicant that is a legal entity or a state body included in the list provided for by part 6 of Article 8 of this Federal Law to apply for a qualified certificate; 3) data on the names, numbers and dates of issue of the documents confirming the authority of the holder of a qualified certificate to act on behalf of legal entities, state bodies or local self-government bodies, if information on such authority of the holder of the qualified certificate is included in the qualified certificate.
2. An accredited certification centre shall store the information specified in part 1 of this Article for the period of its activity, unless a shorter period is provided for by regulatory legal acts of the Russian Federation. The information shall be stored in a form allowing its integrity and reliability to be verified. 2.1. An accredited certification centre shall, for signing qualified certificates in its own name, use a qualified electronic signature based on a qualified certificate issued to it by the root certification centre whose functions are performed by the authorised federal body. An accredited certification centre shall be prohibited from using a qualified electronic signature based on a qualified certificate issued to it by the root certification centre whose functions are performed by the authorised federal body to sign certificates that are not qualified certificates. 2.2. A certification centre accredited in accordance with the requirements of part 3.1 of Article 16 of this Federal Law, as well as the certification centre of the federal executive body authorised to carry out state registration of legal entities, the certification centre of the federal executive body authorised to exercise law enforcement functions for ensuring execution of the federal budget and treasury servicing of the execution of budgets of the budgetary system of the Russian Federation, and the certification centre of the Central Bank of the Russian Federation may, on the instruction of the holder of a qualified certificate, carry out: 1) storage of the electronic signature key whose verification key is contained in the qualified certificate, ensuring its protection from compromise and (or) unauthorised use, including creation of a signature by means of that key on the instruction of the holder of the qualified certificate using electronic signature means that have confirmation of conformity with the requirements established in accordance with paragraph 2.1 of part 5 of Article 8 of this Federal Law; 2) informing the holder of the qualified certificate of the use of that electronic signature key and providing, at the request of the holder of the qualified certificate, the history of use of that electronic signature key. 2.3. Requirements for the form of the instruction of the holder of a qualified certificate specified in paragraph 1 of part 2.2 of this Article, for the procedure for transmitting the instruction of the holder of a qualified certificate to the accredited certification centre, including with account taken of the possibility of an additional authentication procedure for the holder of the qualified certificate through provision of data from the unified identification and authentication system and information from the unified biometric system, as well as for the rules for storing that instruction, are established by the authorised federal body in coordination with the federal executive body in the field of ensuring security.
3. An accredited certification centre shall ensure that any person has access free of charge, using information and telecommunications networks, including the "Internet" network, to the register of qualified certificates of that accredited certification centre at any time during the period of that certification centre's activity, unless otherwise established by federal laws or regulatory legal acts adopted in accordance with them.
4. If a decision is taken to terminate its activity, an accredited certification centre shall: 1) report this to the authorised federal body no later than one month before the date of termination of its activity; 2) transfer to the authorised federal body, in accordance with the established procedure, the register of qualified certificates issued by that accredited certification centre; 3) transfer for storage to the authorised federal body, in accordance with the established procedure, the information subject to storage at the accredited certification centre. Electronic signature keys stored by the accredited certification centre on the instruction of holders of qualified electronic signature certificates shall be destroyed in accordance with the procedure established by the federal executive body in the field of ensuring security.
5. An accredited certification centre shall comply with the procedure for performing the functions of an accredited certification centre and discharging its duties, established by such accredited certification centre in accordance with the requirements for the procedure for performing the functions of an accredited certification centre and discharging duties approved by the authorised federal body, as well as with this Federal Law and other regulatory legal acts adopted in accordance with this Federal Law.
6. An accredited certification centre may not empower third parties to create qualified electronic signature keys and qualified certificates on behalf of such accredited certification centre. 6.1. The certification centre of the federal executive body authorised to carry out state registration of legal entities may empower trusted persons to receive applications for obtaining a qualified certificate of a legal entity and to fulfil the requirements of Article 18 of this Federal Law on behalf of the certification centre of the federal executive body authorised to carry out state registration of legal entities, to create an electronic signature key (provided that the possibility of access by employees of such trusted persons to the electronic signature keys of applicants is excluded), as well as to store qualified electronic signature keys for remote use and to create, using the specified keys, electronic signatures for electronic documents. When handing over a qualified certificate created by the certification centre of the federal executive body authorised to carry out state registration of legal entities, the specified trusted person shall establish the identity of the certificate owner (applicant) in accordance with the procedure for performing the functions of an accredited certification centre and discharging its duties established by the federal executive body authorised to carry out state registration of legal entities, taking into account the requirements provided for by paragraph 4 of part 4 of Article 8 of this Federal Law. The trusted persons specified in this part are determined, in accordance with the procedure established by the Government of the Russian Federation, by the federal executive body authorised to carry out state registration of legal entities from among the certification centres that have obtained accreditation in accordance with parts 3 and 3.1 of Article 16 of this Federal Law, provided that they comply with the additional requirements established by the Government of the Russian Federation and the organisational and technical requirements in the field of information security established by the federal executive body in the field of security. 6.2. Accredited certification centres that are the certification centre of the federal executive body authorised to carry out state registration of legal entities, the certification centre of the federal executive body authorised to exercise law enforcement functions for ensuring execution of the federal budget and treasury servicing of the execution of budgets of the budgetary system of the Russian Federation, and the certification centre of the Central Bank of the Russian Federation shall comply with the requirements provided for by paragraphs 1.1, 3 - 5, 7 of part 3, paragraph 2 of part 3.1 of Article 16 of this Federal Law. The authorised federal body, jointly with the federal executive body in the field of security, in accordance with the procedure established by Article 16.1 of this Federal Law, carries out inspections of compliance by the accredited certification centres specified in this part with the requirements provided for by this Federal Law. Within the framework of such inspections, suspension or termination of the accreditation of such certification centres may not be carried out.
7. An accredited certification centre (an employee of the accredited certification centre, trusted persons and their employees) bears civil, administrative and (or) criminal liability in accordance with the legislation of the Russian Federation for failure to discharge the duties established by this Federal Law and other regulatory legal acts adopted in accordance with it, as well as by the procedure for performing the functions of an accredited certification centre and discharging its duties.
8. An accredited certification centre provides natural persons, free of charge, with the encryption (cryptographic) means specified in Article 19 of Federal Law No. 572-FZ of 29 December 2022 "On Identification and (or) Authentication of Natural Persons Using Biometric Personal Data, on Amendments to Certain Legislative Acts of the Russian Federation and on Repeal of Certain Provisions of Legislative Acts of the Russian Federation", for carrying out identification of natural persons at the accredited certification centre on the basis of the provision of biometric personal data without personal presence via the information and telecommunications network "Internet".
9. An accredited certification centre, in the case of accreditation with account taken of ensuring fulfilment of the requirement established by sub-clause "b" of paragraph 1 of part 3 of Article 16 of this Federal Law, shall create and issue a qualified certificate with a validity period of at least twelve years but not exceeding the period determined by the requirements established in accordance with paragraph 2 of part 5 of Article 8 of this Federal Law, in accordance with the validity period specified in the application, if the applicant has applied to such certification centre in accordance with the established procedure with an application for the issue of a qualified certificate with the validity period specified in this part.
1. Accreditation of certification centres is carried out in two stages in respect of certification centres that are legal entities.
2. Accreditation of a certification centre is carried out on a voluntary basis. Accreditation of a certification centre is carried out for a period of three years, unless a shorter period is specified in the application of the certification centre.
3. Accreditation of a certification centre is carried out provided that it fulfils the following requirements: 1) the minimum amount of own funds (capital) is at least two billion roubles, except in the cases specified in this paragraph (upon accreditation of a legal entity performing the functions of a certification centre and established by the Federal Notary Chamber, the requirement specified in this paragraph shall be fulfilled jointly by the Federal Notary Chamber and such certification centre). The amount of own funds (capital) may be at least one billion roubles where one of the following conditions is fulfilled: (a) the presence, in at least three quarters of the constituent entities of the Russian Federation, of one or more branches or representative offices of the certification centre; (b) the creation and issue, in accordance with the operational documentation for the certification centre means, of qualified certificates with a validity period of at least twelve years but not exceeding the period determined by the requirements established in accordance with paragraph 2 of part 5 of Article 8 of this Federal Law; 1.1) the holding of a licence for activities involving the development, production and distribution of encryption (cryptographic) means, information systems and telecommunication systems protected using encryption (cryptographic) means, the performance of work and provision of services in the field of information encryption, and the maintenance of encryption (cryptographic) means, information systems and telecommunication systems protected using encryption (cryptographic) means (except where the maintenance of encryption (cryptographic) means, information systems and telecommunication systems protected using encryption (cryptographic) means is carried out to meet the legal entity's own needs); 2) the holding of financial security for liability for losses caused to third parties as a result of their reliance on the information specified in the electronic signature verification key certificate issued by such certification centre or the information contained in the register of certificates maintained by such certification centre, in an amount of at least 100 million roubles and 500 thousand roubles for each place of conduct of the licensed type of activity specified in the licence of the federal executive body in the field of security issued to the certification centre in accordance with paragraph 1 of part 1 of Article 12 of Federal Law No. 99-FZ of 4 May 2011 "On Licensing Certain Types of Activities", if the number of such places exceeds ten, but not more than 200 million roubles. If the number of places of conduct of the specified licensed type of activity does not exceed ten, the financial security for liability is 100 million roubles; 3) the holding of the right of ownership of hardware electronic signature means and certification centre means that have confirmation of compliance with the requirements established by the federal executive body in the field of security, and the holding, on lawful grounds, of the right to use software electronic signature means and certification centre means that have confirmation of compliance with the requirements established by the federal executive body in the field of security; 4) the presence on the staff of the certification centre of at least two employees directly engaged in activities involving the creation and issue of electronic signature verification key certificates who have higher education in the field of information technology or information security, or higher education or secondary vocational education followed by additional professional education on the use of electronic signatures; 4.1) compliance with the requirements for the business reputation of the head and the founders (participants) of the certification centre who have the right, directly or indirectly or jointly with other persons linked to them by contracts of trust management of property, and (or) simple partnership, and (or) agency, and (or) a corporate contract, and (or) another agreement the subject matter of which is the exercise of rights certified by shares (participatory interests), to dispose of more than 10 per cent of the shares (participatory interests) constituting the charter capital of the certification centre, such requirements being established by the government commission specified in part 5.1 of this Article; 5) the certification centre applying for accreditation has a procedure for performing the functions of a certification centre and discharging its duties, established by the certification centre in accordance with the requirements for the procedure for performing the functions of an accredited certification centre and discharging its duties approved by the federal executive body exercising the functions of formulating and implementing state policy and regulatory legal regulation in the sphere of information technology, as well as with this Federal Law and other regulatory legal acts adopted in accordance with it; 6) in respect of the certification centre applying for accreditation, its accreditation has not been terminated early within three years before the filing of the application; 7) the person entitled under the legislation of the Russian Federation to act on behalf of the certification centre without a power of attorney is not a person who was entitled under the legislation of the Russian Federation to act without a power of attorney on behalf of a certification centre whose accreditation was terminated early, within three years before the filing of the application. 3.1. For storage of an electronic signature key in accordance with part 2.2 of Article 15 of this Federal Law, accreditation of a certification centre is carried out provided that it fulfils the following additional requirements: 1) the holding of financial security for liability for losses caused in the event of compromise and (or) unauthorised use of electronic signature keys stored by the accredited certification centre on the instructions of their owners, except in cases of fault of the owner of the qualified certificate, in an amount of at least 200 million roubles, as well as 500 thousand roubles for each place of conduct of the licensed type of activity directly connected with the creation of electronic signature verification key certificates specified in the licence of the federal executive body in the field of security issued to the certification centre in accordance with paragraph 1 of part 1 of Article 12 of Federal Law No. 99-FZ of 4 May 2011 "On Licensing Certain Types of Activities", if the number of such places exceeds ten, but not more than 300 million roubles. If the number of places of conduct of the specified licensed type of activity does not exceed ten, the financial security for liability is 200 million roubles; 2) the ownership by the certification centre, and its use, of means that have confirmation of compliance with the requirements established by the federal executive body in the field of security and that ensure: (a) storage of qualified electronic signature keys and automatic creation of such signatures using those keys on the instructions of the respective owners of qualified certificates; (b) authentication of the owners of qualified certificates on whose instructions the accredited certification centre creates and verifies a qualified electronic signature; (c) protection of information transmitted via the interaction channel between the owner of the qualified certificate and the accredited certification centre that creates and verifies the qualified electronic signature on the instructions of such owner; (d) evidence of the impossibility of repudiation by the owner of the qualified certificate of the instruction to create a qualified electronic signature. 3.2. In the event of accreditation of a legal entity performing the functions of a certification centre and established by the Federal Notary Chamber, the specified entity bears liability for losses caused to third parties as a result of their reliance on the information specified in the electronic signature verification key certificate issued by such certification centre or the information contained in the register of certificates. The Federal Notary Chamber bears joint and several liability with the legal entity performing the functions of a certification centre and established by the Federal Notary Chamber, at the expense of its own funds, in an amount of not more than one billion roubles in aggregate for all losses specified in this part.
4. Accreditation of a certification centre is carried out on the basis of its application filed with the authorised federal body, including via the federal state information system "Unified Portal of State and Municipal Services (Functions)" (hereinafter referred to as the unified portal of state and municipal services). The application is accompanied by documents confirming the compliance of the certification centre with the requirements established by part 3 of this Article. The specified application and documents filed via the unified portal of state and municipal services shall be signed by the certification centre with a qualified electronic signature, or by a natural person acting on behalf of the certification centre on the basis of a power of attorney in electronic form in machine-readable format confirming the powers of that natural person, with a qualified electronic signature or with a non-qualified electronic signature the verification key certificate of which has been created and is used in the infrastructure ensuring information technology interaction of the information systems used for the provision of state and municipal services and the performance of state and municipal functions in electronic form, in accordance with the procedure established by the Government of the Russian Federation and provided that the interaction of the natural person with such infrastructure is organised using information protection means that have passed the conformity assessment procedure in accordance with the established procedure. The certification centre may refrain from submitting the document confirming the compliance of its electronic signature means and certification centre means with the requirements established by the federal executive body in the field of security if such document or the information contained in it is at the disposal of the federal executive body in the field of security. In that case, the authorised federal body independently verifies the existence of the document confirming the compliance of such means with the established requirements on the basis of information received from the federal executive body in the field of security, using the unified system of interdepartmental electronic interaction. 4.1. The application for accreditation of a certification centre for the purpose of storing electronic signature keys in accordance with part 2.2 of Article 15 of this Federal Law is accompanied by documents confirming the compliance of the certification centre with the requirements established by part 3.1 of this Article. When the application is submitted, accreditation of the certification centre may be carried out either for compliance only with the requirements established by part 3.1 of this Article (provided that there is a valid accreditation for compliance with part 3 of this Article), or for compliance with the requirements of parts 3 and 3.1 of this Article simultaneously.
5. Within a period not exceeding eighteen working days from the day following the day of receipt of the application of the certification centre, the authorised federal body, on the basis of the submitted documents, takes a decision on the compliance of the certification centre with the requirements established by paragraphs 1 - 4, 5 - 7 of part 3 and (or) part 3.1 of this Article, or on refusal of its accreditation. 5.1. Where a decision is taken on the compliance of the certification centre with the requirements established by paragraphs 1 - 4, 5 - 7 of part 3 and (or) part 3.1 of this Article, the authorised federal body, within a period not exceeding six working days from the day the decision provided for by part 5 of this Article is taken, sends the corresponding opinion to the government commission authorised to take decisions on accreditation of certification centres (hereinafter referred to as the government commission). The regulations on the government commission, its composition and the procedure for its decision-making are approved by the Government of the Russian Federation. When the composition of the government commission is approved, it shall be provided that at least 30 per cent of the members of the government commission shall be representatives of the autonomous non-profit organisation entrusted, in accordance with a decision of the Government of the Russian Federation, with the functions of monitoring the development of the digital economy and digital technologies and preparing forecasts of the development of the digital economy and digital technologies. When the procedure for the activities of the government commission is approved, its competence shall include, among other things, taking, on the basis of opinions of the authorised federal body, decisions on accreditation of certification centres whose heads and founders (participants) have the right, directly or indirectly or jointly with other persons linked to them by contracts of trust management of property, and (or) simple partnership, and (or) agency, and (or) a corporate contract, and (or) another agreement the subject matter of which is the exercise of rights certified by shares (participatory interests), to dispose of more than 10 per cent of the shares (participatory interests) constituting the charter capital of those certification centres, and who meet high requirements for business reputation. 5.2. The government commission considers the submitted documents and, within twenty working days, takes a decision on accreditation of the certification centre (where it complies with paragraph 4.1 of part 3 of this Article) or on refusal of accreditation. 5.3. Where a decision on accreditation of the certification centre is taken, the authorised federal body, within a period not exceeding one working day from the day of receipt of the decision on accreditation, sends a notification of the decision taken to the certification centre and enters the corresponding information in the list of accredited certification centres, after which the certification centre is considered an accredited certification centre. The accredited certification centre shall connect the information system that ensures performance of the functions of the accredited certification centre (hereinafter referred to as connection of the accredited certification centre) to the information technology and communication infrastructure in accordance with the procedure established under part 4 of Article 19 of Federal Law No. 210-FZ of 27 July 2010 "On the Organisation of the Provision of State and Municipal Services" (hereinafter referred to as the infrastructure). After connection of the accredited certification centre to the infrastructure, the authorised federal body issues to the accredited certification centre a qualified certificate created using the means of the root certification centre. Where a decision on refusal of accreditation of the certification centre is taken, the authorised federal body, within a period not exceeding one working day from the day the decision on refusal of accreditation is taken, sends to the certification centre a notification of the decision taken stating the reasons for the refusal.
6. The grounds for refusal of accreditation of a certification centre are its non-compliance with the requirements established by parts 3 and (or) 3.1 of this Article, non-compliance with other requirements of this Federal Law, and the presence of inaccurate information in the documents submitted by it. In this regard, refusal of accreditation of a certification centre for compliance with the requirements of part 3.1 of this Article does not suspend the accreditation of the certification centre for compliance with the requirements of part 3 of this Article.
7. An accredited certification centre shall comply with the requirements for compliance with which it is accredited throughout the entire period of its accreditation. If circumstances arise that make compliance with the specified requirements impossible, the certification centre shall immediately notify the authorised federal body of this in writing. When performing its functions and discharging its assumed obligations, an accredited certification centre shall comply with the requirements established for certification centres by Articles 13 - 15, 17 and 18 of this Federal Law. The authorised federal body may conduct inspections of compliance by accredited certification centres with the requirements of this Federal Law and other regulatory legal acts adopted in accordance with this Federal Law, including the requirements for compliance with which those certification centres were accredited, throughout the entire period of their accreditation. If non-compliance by an accredited certification centre with the specified requirements is identified, an official of the authorised federal body shall issue to that certification centre a directive to remedy the violations within the established time limit and shall suspend the accreditation for that period, entering information about this in the list specified in paragraph 4 of part 3 of Article 8 of this Federal Law. The accredited certification centre notifies the authorised federal body in writing of the remedying of the identified violations. The authorised federal body takes a decision on renewal of the accreditation; in doing so, it may verify the actual remedying of the previously identified violations and, if they are not remedied within the time limit established by the directive, terminates the accreditation of the certification centre early, and if the certification centre is accredited in accordance with the requirements of parts 3 and 3.1 of this Article, its accreditations are terminated simultaneously. 7.1 - 8. Repealed as of 1 July 2020. - Federal Law No. 476-FZ of 27 December 2019.
9. The root certification centre, the functions of which are performed by the authorised federal body, shall not be subject to accreditation in accordance with this Federal Law.
1. Federal state control (supervision) in the sphere of electronic signatures is carried out by the federal executive body authorised by the Government of the Russian Federation.
2. The subject matter of federal state control (supervision) in the sphere of electronic signatures is compliance by accredited certification centres and trusted third parties with the mandatory requirements established by this Federal Law and other regulatory legal acts of the Russian Federation adopted in accordance with it.
3. The organisation and conduct of federal state control (supervision) in the sphere of electronic signatures are regulated by Federal Law No. 248-FZ of 31 July 2020 "On State Control (Supervision) and Municipal Control in the Russian Federation".
4. The regulations on federal state control (supervision) in the sphere of electronic signatures are approved by the Government of the Russian Federation.
5. In the exercise of federal state control (supervision) in the sphere of electronic signatures, planned control (supervisory) activities are not conducted.
1. A qualified certificate shall be created using the means of an accredited certification centre.
2. A qualified certificate shall contain the following information: 1) the unique number of the qualified certificate and the start and end dates of its validity; 2) the surname, first name and patronymic (if any) of the owner of the qualified certificate - for a natural person who is not an individual entrepreneur, or the surname, first name and patronymic (if any) and the principal state registration number of the individual entrepreneur who is the owner of the qualified certificate - for a natural person who is an individual entrepreneur, or the name, location and principal state registration number of the owner of the qualified certificate - for a Russian legal entity, or the name and location of the owner of the qualified certificate, as well as the taxpayer identification number (if any) - for a foreign organisation (including branches, representative offices and other separate subdivisions of the foreign organisation), or the name and location of the owner of the qualified certificate - for a state body included in the list provided for by part 6 of Article 8 of this Federal Law; 3) the insurance number of the individual personal account and the taxpayer identification number of the owner of the qualified certificate - for a natural person, or the taxpayer identification number of the owner of the qualified certificate - for a legal entity; 4) the unique electronic signature verification key; 5) the names of the electronic signature means and the means of the accredited certification centre that were used to create the electronic signature key, the electronic signature verification key and the qualified certificate, as well as the particulars of the document confirming the compliance of the specified means with the requirements established in accordance with this Federal Law; 6) the name and location of the accredited certification centre that issued the qualified certificate, and the number of the qualified certificate of the certification centre; 7) an identifier unambiguously indicating that the identification of the applicant upon issue of the electronic signature verification key certificate was carried out either in his or her personal presence or without his or her personal presence by one of the methods specified in the first sub-paragraph of paragraph 1 of part 1 of Article 18 of this Federal Law; 8) Repealed. - Federal Law No. 445-FZ of 30 December 2015; 9) the validity period of the electronic signature key corresponding to the unique electronic signature verification key contained in this qualified certificate in accordance with paragraph 4 of this part. 2.1. Operators of state and municipal information systems, as well as of information systems whose use is provided for by regulatory legal acts, or of public information systems may not require the presence in a qualified certificate of information that is not mandatory in accordance with this Federal Law and other regulatory legal acts adopted in accordance with it.
3. If the applicant has submitted to the accredited certification centre documents confirming his or her right to act on behalf of third parties, information on such powers of the applicant and their period of validity may be included in the qualified certificate.
4. A qualified certificate is issued in a form the requirements for which are established by the federal executive body in the field of security in agreement with the authorised federal body.
5. In the event of annulment or early termination of the validity of the qualified certificate issued to the accredited certification centre that issued the qualified certificate to the applicant, or in the event of early termination or expiry of the period of accreditation of the certification centre, the qualified certificate issued by the accredited certification centre to the applicant ceases to be valid.
6. The owner of a qualified certificate shall not use the electronic signature key and shall immediately apply to the accredited certification centre that issued the qualified certificate for termination of the validity of that certificate where there are grounds to believe that the confidentiality of the electronic signature key has been breached.
1. In the case of use of a qualified electronic signature where a natural person participates in legal relations without powers to act on behalf of other natural persons or legal entities, the qualified electronic signature of the natural person of which that person is the owner is used. The qualified certificate of this electronic signature is created and issued by a certification centre that has obtained accreditation.
2. A natural person who, in accordance with the legislation of the Russian Federation, is vested with powers not provided for by Articles 17.2 and 17.3 of this Federal Law, when using a qualified electronic signature, uses the qualified certificate of that natural person issued by a certification centre that has obtained accreditation; in this case, a document confirming the specified powers of the natural person (hereinafter referred to as the document on powers) is also submitted in the package of electronic documents. The document on powers shall be signed with the qualified electronic signature of an official of the relevant state body or local self-government body authorised in accordance with the established procedure to take the relevant decisions. The document on powers is provided to the natural person in machine-readable form in accordance with the forms which are determined and posted on official websites by the operators of state and municipal information systems performing the functions within which the relevant document on powers has been issued (hereinafter referred to as machine-readable forms). Machine-readable forms shall conform to the uniform requirements established by the authorised federal body. In the document on powers, the powers are determined on the basis of the classifier of powers. The authorised federal body forms and updates the classifier of powers and provides access to it in accordance with the procedure established by it. The document on powers is submitted to interested persons by including such document in the package of electronic documents, unless a different procedure for submitting such document is established by the Government of the Russian Federation.
1. Where a qualified electronic signature is used with the participation in legal relations of legal entities, with the exception of legal entities the use of a qualified electronic signature in legal relations with which is governed by parts 2 and 3 of this Article: 1) the qualified electronic signature of the legal entity is used, the qualified certificate of which is issued by the certification centre of the federal executive body authorised to carry out state registration of legal entities, in accordance with the procedure established by the authorised federal body, indicating as the owner of the qualified certificate also the person authorised to act without a power of attorney. The procedure specified in this paragraph shall include, among other things, the possibility of identifying the applicant without his personal presence using a qualified electronic signature where a valid qualified certificate exists; 2) where a representative of the legal entity (a natural person, an individual entrepreneur or another legal entity) acts on behalf of the legal entity, authorised to act on behalf of the legal entity on the basis of a power of attorney issued by the legal entity in accordance with the civil legislation of the Russian Federation, the electronic document is signed with the qualified electronic signature of such representative of the legal entity. At the same time, a power of attorney on behalf of the legal entity is submitted. This power of attorney, issued in electronic form on behalf of the legal entity, shall be signed with the qualified electronic signature specified in paragraph 1 of this part, or with the qualified electronic signature of the person to whom a power of attorney with the right of sub-delegation has been issued, or with the qualified electronic signature of a notary where the power of attorney, including a power of attorney issued by way of sub-delegation, is certified by a notary. Where such a power of attorney has been issued by way of sub-delegation, a power of attorney allowing the possibility of such sub-delegation is also submitted, signed with the qualified electronic signature specified in paragraph 1 of this part or with the qualified electronic signature of a notary if the power of attorney is certified by a notary. The power of attorney is submitted by including it in the package of electronic documents, unless a different procedure for submitting such a power of attorney is provided for by agreements in the interaction of legal entities with one another or with individual entrepreneurs or natural persons, or by regulatory legal acts of federal executive bodies adopted in accordance with the requirements for the specified agreements or regulatory legal acts, which the Government of the Russian Federation may establish; 2.1) a qualified certificate which contains an indication of a branch or representative office of a foreign legal entity is created and issued by the certification centre of the federal executive body authorised to carry out state registration of legal entities, in accordance with the procedure established by that body, indicating as the owner of the qualified certificate also the person who is the head of that branch or representative office and is authorised to act on the basis of a power of attorney issued by the foreign legal entity; 2.2) where the head of a branch or representative office of a foreign legal entity acts on behalf of that branch or representative office, the electronic document is signed with a qualified electronic signature the qualified certificate of which has been issued in accordance with paragraph 2.1 of this part. Where a representative of the branch or representative office of the foreign legal entity who is not the head of that branch or representative office acts on its behalf, the electronic document is signed with the qualified electronic signature of such representative. At the same time, a power of attorney issued to such representative in accordance with the civil legislation of the Russian Federation by the head of that branch or representative office is submitted. The specified power of attorney, issued in electronic form on behalf of the head of the branch or representative office of the foreign legal entity, shall be signed with a qualified electronic signature the qualified certificate of which has been issued in accordance with paragraph 2.1 of this part, or with the qualified electronic signature of the person to whom the specified power of attorney with the right of sub-delegation has been issued, or with the qualified electronic signature of a notary where the power of attorney, including a power of attorney issued by way of sub-delegation, is certified by a notary. Where the specified power of attorney has been issued by way of sub-delegation, a power of attorney allowing the possibility of such sub-delegation is also submitted, signed with a qualified electronic signature the qualified certificate of which has been issued in accordance with paragraph 2.1 of this part, or with the qualified electronic signature of a notary if the specified power of attorney is certified by a notary. The specified power of attorney is submitted by including it in the package of electronic documents, unless a different procedure for submitting the specified power of attorney is provided for by agreements between participants in electronic interaction or by regulatory legal acts of federal executive bodies. The agreements and regulatory legal acts of federal executive bodies specified in this paragraph shall take into account the requirements for such agreements and regulatory legal acts, which the Government of the Russian Federation may establish in accordance with paragraph 2 of this part; 3) a qualified certificate which contains an indication of a natural person who is a notary as the owner of the qualified certificate is created and issued by the certification centre of the federal executive body authorised to carry out state registration of legal entities, in accordance with the procedure established by the authorised federal body; 4) where a natural person acting on behalf of a legal entity without a power of attorney ceases to exercise the powers of a representative of such legal entity, the qualified certificate issued to such legal entity in accordance with this part by the certification centre of the federal executive body authorised to carry out state registration of legal entities ceases to have effect in accordance with the procedure provided for by part 7 of Article 14 of this Federal Law, upon application to the certification centre by the person (persons) authorised to take the decision to terminate the powers of the representative of the legal entity; 5) where a qualified electronic signature is used only for the automatic creation of an electronic signature in an electronic document and (or) the automatic verification of an electronic signature in an electronic document, only the qualified electronic signature of the legal entity performing the functions of the operator of the relevant information system is used. A qualified certificate which contains an indication of the legal entity only as the owner of this certificate is created and issued by the certification centre of the federal executive body authorised to carry out state registration of legal entities, in accordance with the procedure established by the authorised federal body, except in the cases established by Article 17.4 of this Federal Law.
2. Where a qualified electronic signature is used with the participation in legal relations of credit organisations, subjects of the national payment system specified in Federal Law No. 161-FZ of 27 June 2011 "On the National Payment System" (with the exception of federal postal service organisations when they provide payment services in accordance with the legislation of the Russian Federation, and foreign payment service providers), non-credit financial organisations and individual entrepreneurs carrying out the types of activity specified in part one of Article 76.1 of Federal Law No. 86-FZ of 10 July 2002 "On the Central Bank of the Russian Federation (Bank of Russia)", persons providing professional services in the financial market specified in Article 76.9-5 of Federal Law No. 86-FZ of 10 July 2002 "On the Central Bank of the Russian Federation (Bank of Russia)", self-regulatory organisations in the financial market sphere, and self-regulatory organisations in the sphere of providing professional services in the financial market (hereinafter referred to as financial market participants), and officials of the Central Bank of the Russian Federation: 1) the qualified electronic signature of financial market participants is used. The qualified certificate of the verification key of this electronic signature, which also contains an indication of the natural person acting on behalf of the relevant financial market participant without a power of attorney as the owner of this certificate, is created and issued by the certification centre of the Central Bank of the Russian Federation in accordance with the procedure established by the Central Bank of the Russian Federation. The procedure specified in this paragraph shall provide for, among other things, the possibility of identifying the applicant without his personal presence using a qualified electronic signature where a valid qualified certificate exists; 2) where a representative of a financial market participant (a natural person, an individual entrepreneur or another legal entity) acts on behalf of the financial market participant, authorised to act on behalf of the financial market participant on the basis of a power of attorney issued by the financial market participant in accordance with the civil legislation of the Russian Federation, the electronic document is signed with the qualified electronic signature of such representative of the financial market participant. At the same time, a power of attorney on behalf of the financial market participant is submitted. This power of attorney, issued in electronic form on behalf of the financial market participant, shall be signed with the qualified electronic signature specified in paragraph 1 of this part, or, where this power of attorney has been issued by way of sub-delegation, with the qualified electronic signature of the person to whom a power of attorney on behalf of the financial market participant with the right of sub-delegation has been issued, or with the qualified electronic signature of a notary where this power of attorney is certified by a notary. Where this power of attorney has been issued by way of sub-delegation, powers of attorney allowing the possibility of such sub-delegation are also submitted, including a power of attorney signed with the qualified electronic signature specified in paragraph 1 of this part. The power of attorney is submitted by including it in the package of electronic documents, unless otherwise provided for by the requirements for the procedure for its submission established by the Central Bank of the Russian Federation; 3) where a qualified electronic signature is used only for the automatic creation of an electronic signature in an electronic document and (or) the automatic verification of an electronic signature in an electronic document, only the qualified electronic signature of the financial market participant is used. A qualified certificate which contains an indication of the financial market participant only as the owner of this certificate is created and issued by the certification centre of the Central Bank of the Russian Federation in accordance with the procedure established by the Central Bank of the Russian Federation; 4) the qualified electronic signature of an official of the Central Bank of the Russian Federation is used. The qualified certificate of the verification key of this electronic signature, which contains an indication of the natural person who is an official of the Central Bank of the Russian Federation as the owner of this certificate, is created and issued by the certification centre of the Central Bank of the Russian Federation in accordance with the procedure established by the Central Bank of the Russian Federation; 5) where an official of the Central Bank of the Russian Federation acts on behalf of the Central Bank of the Russian Federation as a representative under a power of attorney, the document is signed with the qualified electronic signature of such representative and, at the same time, a power of attorney from the Chairman of the Central Bank of the Russian Federation is also submitted, signed with the qualified electronic signature specified in paragraph 1 of part 3 of this Article. Where the power of attorney has been issued by way of sub-delegation, powers of attorney allowing the possibility of such sub-delegation are submitted together with such power of attorney, including a power of attorney issued by the Chairman of the Central Bank of the Russian Federation and signed with the qualified electronic signature specified in paragraph 1 of part 3 of this Article. The powers of attorney are submitted by including them in the package of electronic documents; 6) where the exercise of the powers of a representative of a financial market participant acting on behalf of such financial market participant without a power of attorney is terminated, or where the exercise of the powers of an official of the Central Bank of the Russian Federation is terminated, the qualified certificate issued to such person in accordance with this part by the certification centre of the Central Bank of the Russian Federation ceases to have effect in accordance with the procedure provided for by part 7 of Article 14 of this Federal Law, upon application to the certification centre by the person authorised to take the decision to terminate the powers of the representative of the financial market participant, upon application by the Chairman of the Central Bank of the Russian Federation or the person authorised to take the decision to terminate the powers of the official of the Central Bank of the Russian Federation, or by a representative of the person authorised to take the decision to terminate the powers of the official of the Central Bank of the Russian Federation.
3. With the participation in legal relations of persons holding state positions of the Russian Federation or state positions of constituent entities of the Russian Federation, and of officials of state bodies, local self-government bodies, institutions subordinate to them and other organisations determined in accordance with paragraph 4 of this part: 1) the qualified electronic signature of a person holding a state position of the Russian Federation or a state position of a constituent entity of the Russian Federation, of an official of a state body or local self-government body, or of an official of an organisation subordinate to a state body or local self-government body is used. A qualified certificate which contains an indication of the natural person holding a state position of the Russian Federation or a state position of a constituent entity of the Russian Federation, or who is an official of a state body or local self-government body, an official of an institution subordinate to a state body or local self-government body, or of another organisation, as the owner of this certificate, is created and issued by the certification centre of the federal executive body authorised to perform enforcement functions for ensuring the execution of the federal budget and the treasury servicing of the execution of the budgets of the budgetary system of the Russian Federation, in accordance with the procedure established by that federal executive body and agreed with the authorised federal body; 2) where an official of a state body, local self-government body or organisation subordinate to a state body or local self-government body acts before third parties on behalf of and in the interests of the relevant state body, local self-government body or organisation, together with the document signed with the qualified electronic signature of such person, a power of attorney from the head of the state body, local self-government body, institution or organisation is also submitted, signed with the qualified electronic signature specified in paragraph 1 of this part. Where the power of attorney has been issued by way of sub-delegation, both the power of attorney issued by the head of the state body, local self-government body, institution or organisation, signed with the qualified electronic signature specified in paragraph 1 of this part and allowing the possibility of sub-delegation, and the power of attorney issued by way of sub-delegation and signed with the qualified electronic signature of the person acting under a power of attorney allowing the possibility of sub-delegation, are submitted. The powers of attorney are submitted by including them in the package of electronic documents, unless a different procedure for submitting such powers of attorney is provided for by regulatory legal acts of federal executive bodies adopted in accordance with the requirements established by the Government of the Russian Federation for the specified regulatory legal acts, the approval of which is provided for by paragraph 2 of part 1 of this Article; 3) where a natural person ceases to exercise the powers of an official of a state body, local self-government body or organisation subordinate to a state body or local self-government body, the qualified certificate issued to him by the certification centre of the federal executive body authorised to perform enforcement functions for ensuring the execution of the federal budget and the treasury servicing of the execution of the budgets of the budgetary system of the Russian Federation ceases to have effect in accordance with the procedure provided for by part 7 of Article 14 of this Federal Law, upon application to the certification centre by the acting head of, respectively, the state authority, the local self-government body, or the institution or organisation subordinate to the state body or local self-government body, or by the person authorised to take the decision to terminate the powers of the official, or by a representative of the person authorised to take the decision to terminate the powers of the official; 4) the types of legal entities and organisations subordinate to them, for which and for whose employees qualified certificates are created and issued by the certification centre of the federal executive body authorised to perform enforcement functions for ensuring the execution of the federal budget and the treasury servicing of the execution of the budgets of the budgetary system of the Russian Federation, are established by the Government of the Russian Federation.
Where a qualified electronic signature is used with the participation in legal relations of individual entrepreneurs, with the exception of individual entrepreneurs the use of a qualified electronic signature in legal relations with whom is governed by part 2 of Article 17.2 of this Federal Law:
1) the qualified electronic signature of the individual entrepreneur is used, the qualified certificate of which is issued by the certification centre of the federal executive body authorised to carry out state registration of legal entities, in accordance with the procedure established by the authorised federal body, also indicating the natural person who is the individual entrepreneur as the owner of this certificate. Where a qualified electronic signature is used only for the automatic creation of an electronic signature in an electronic document and (or) the automatic verification of an electronic signature in an electronic document, only the qualified electronic signature of the individual entrepreneur performing the functions of the operator of the relevant information system is used. In this case, the qualified certificate issued to such individual entrepreneur contains an indication of the individual entrepreneur only as the owner of this certificate (without also indicating as the owner of the qualified certificate the natural person who is the individual entrepreneur). Such a qualified certificate is created and issued by the certification centre of the federal executive body authorised to carry out state registration of legal entities, in accordance with the procedure established by the authorised federal body. In this case, an administrative act of the individual entrepreneur determines the natural person responsible for the automatic creation and (or) automatic verification of the electronic signature in the information system, and the person responsible for the content of the information signed with this electronic signature. In the absence of the specified administrative act, the person responsible for the automatic creation and (or) automatic verification of the electronic signature in the information system is the individual entrepreneur;
2) where a representative of the individual entrepreneur (a natural person, another individual entrepreneur or a legal entity) acts on behalf of the individual entrepreneur, authorised to act on behalf of the individual entrepreneur on the basis of a power of attorney issued by such individual entrepreneur in accordance with the civil legislation of the Russian Federation, the electronic document is signed with the qualified electronic signature of the representative (the natural person, the other individual entrepreneur or the legal entity) and, at the same time, the power of attorney issued by the individual entrepreneur is submitted. The specified power of attorney in electronic form shall be signed with the qualified electronic signature specified in paragraph 1 of this Article, or with the qualified electronic signature of the person to whom a power of attorney with the right of sub-delegation has been issued, or with the qualified electronic signature of a notary where the power of attorney is certified by a notary. Where the specified power of attorney has been issued by way of sub-delegation, a power of attorney allowing the possibility of such sub-delegation is also submitted, signed with the qualified electronic signature specified in paragraph 1 of this Article or with the qualified electronic signature of a notary if the power of attorney is certified by a notary. The power of attorney is submitted by including it in the package of electronic documents, unless a different procedure for submitting such a power of attorney is provided for by the requirements established by the Government of the Russian Federation.
Where a qualified electronic signature is used with the participation in legal relations of state bodies, local self-government bodies, as well as state and municipal institutions, state corporations and state companies, public law companies, autonomous non-profit organisations founded by the Russian Federation, and (or) a constituent entity of the Russian Federation, and (or) a federal territory, and (or) a municipal entity, and operators of state and municipal information systems (hereinafter in this Article referred to as organisations), the qualified electronic signature of the relevant state body, local self-government body or organisation is used. A qualified certificate which contains an indication of the state body, local self-government body or organisation only as the owner of this certificate is created and issued by the certification centre of the federal executive body authorised to perform enforcement functions for ensuring the execution of the federal budget and the treasury servicing of the execution of the budgets of the budgetary system of the Russian Federation, in accordance with the procedure established by that body. The specified qualified electronic signature is used only for the automatic creation of an electronic signature in an electronic document and (or) the automatic verification of an electronic signature in an electronic document.
1. The powers of attorney specified in Articles 17.2 and 17.3 of this Federal Law are executed in accordance with the requirements of the Civil Code of the Russian Federation. A power of attorney is submitted, including in electronic form in machine-readable form, in accordance with the power of attorney forms which may be determined and posted on official websites by the operators of the state and municipal information systems for use in which the documents are submitted, by the Central Bank of the Russian Federation on the official website of the Central Bank of the Russian Federation in the information and telecommunications network "Internet" in respect of powers of attorney issued by financial market participants, and by the Federal Notary Chamber on the official website of the Federal Notary Chamber in the information and telecommunications network "Internet" in respect of powers of attorney certified by notaries. If the power of attorney forms have not been determined and posted, the power of attorney form generated and posted by the authorised federal body on the unified portal of state and municipal services is used. The specified power of attorney forms shall conform to the uniform requirements established by the authorised federal body. The powers certified by such powers of attorney are determined in accordance with the classifier of powers specified in Article 17.1 of this Federal Law. Federal executive bodies which are operators of federal state information systems may determine additional requirements for the provision of powers of attorney in electronic form in the operation of such federal state information systems.
2. Organisational and technical requirements for the procedure for storing, using and revoking the powers of attorney specified in Articles 17.2 and 17.3 of this Federal Law are established by the Government of the Russian Federation.
When a qualified electronic signature is used in state information systems, the operators of the specified information systems verify the identifier contained in the qualified certificate, specified in paragraph 7 of part 2 of Article 17 of this Federal Law, and, taking into account its value, establish rules for the use of an electronic document signed using the specified qualified certificate, on the basis of the threat model of the state information system.
1. When issuing a qualified certificate, an accredited certification centre shall: 1) identify, in accordance with the procedure established by this Federal Law, the applicant - an individual who has applied to it for a qualified certificate. Identification of the applicant is carried out in his or her personal presence, or by identifying the applicant without his or her personal presence using a qualified electronic signature where a valid qualified certificate is held, or by identifying the applicant - a citizen of the Russian Federation - using information technologies without his or her personal presence by the provision of the information specified in the identity document of a citizen of the Russian Federation outside the territory of the Russian Federation containing an electronic data carrier with the personal data of the passport holder recorded on it, including biometric personal data, or by the provision of information from the unified identification and authentication system and the unified biometric system in accordance with Federal Law No. 572-FZ of 29 December 2022 "On the Identification and (or) Authentication of Individuals Using Biometric Personal Data, on Amendments to Certain Legislative Acts of the Russian Federation and on the Invalidation of Certain Provisions of Legislative Acts of the Russian Federation". In this case, if an individual, for the provision of his or her biometric personal data for the purpose of identification without personal presence by the provision of information from the unified identification and authentication system and the unified biometric system, refuses to use the encryption (cryptographic) means specified in Article 19 of Federal Law No. 572-FZ of 29 December 2022 "On the Identification and (or) Authentication of Individuals Using Biometric Personal Data, on Amendments to Certain Legislative Acts of the Russian Federation and on the Invalidation of Certain Provisions of Legislative Acts of the Russian Federation", the certification centre shall refuse to carry out that identification for such a person. The following are established: (a) for an individual - surname, first name and also patronymic (if any), date of birth, particulars of the identity document, taxpayer identification number, insurance number of the individual personal account of the citizen in the compulsory pension insurance system; (b) for a legal entity registered in accordance with the legislation of the Russian Federation - name, organisational and legal form, taxpayer identification number, and also the principal state registration number and address of the legal entity; (c) for a legal entity registered in accordance with the legislation of a foreign state - name, registration number, place of registration and address of the legal entity in the territory of the state in which it is registered; (d) for a branch or representative office of a legal entity registered in accordance with the legislation of a foreign state - name, taxpayer identification number, type of separate subdivision, registration reason code, accreditation record number and address of such branch or representative office in the territory of the Russian Federation; (e) for a state body included in the list provided for by part 6 of Article 8 of this Federal Law - name, address; 2) obtain from the person acting on behalf of the applicant - a legal entity or a state body included in the list provided for by part 6 of Article 8 of this Federal Law - confirmation of the authority to apply for a qualified certificate; 3) identify, in accordance with the established procedure, the applicant - an individual who has applied to it for a qualified certificate (for the purpose of obtaining, from the applicant acting on behalf of a legal entity or a state body included in the list provided for by part 6 of Article 8 of this Federal Law, confirmation of the authority to apply for a qualified certificate). Identification of the applicant is carried out in his or her personal presence, or by identifying the applicant without his or her personal presence using a qualified electronic signature where a valid qualified certificate is held, or the information specified in the identity document of a citizen of the Russian Federation outside the territory of the Russian Federation containing an electronic data carrier with the personal data of the passport holder recorded on it, including biometric personal data, or by identifying the applicant - a citizen of the Russian Federation - using information technologies without his or her personal presence by the provision of information from the unified identification and authentication system and information from the unified biometric system in accordance with Federal Law No. 572-FZ of 29 December 2022 "On the Identification and (or) Authentication of Individuals Using Biometric Personal Data, on Amendments to Certain Legislative Acts of the Russian Federation and on the Invalidation of Certain Provisions of Legislative Acts of the Russian Federation"; 4) offer the use of the encryption (cryptographic) means specified in Article 19 of Federal Law No. 572-FZ of 29 December 2022 "On the Identification and (or) Authentication of Individuals Using Biometric Personal Data, on Amendments to Certain Legislative Acts of the Russian Federation and on the Invalidation of Certain Provisions of Legislative Acts of the Russian Federation" to individuals who have applied to it for identification without their personal presence by the provision of information from the unified identification and authentication system and information from the unified biometric system (for the provision of the individual's biometric personal data for the purpose of his or her identification at the accredited certification centre without his or her personal presence via the "Internet" network), and indicate the page of the website on the "Internet" information and telecommunications network from which those means are provided free of charge. In this case, if an individual refuses to use encryption (cryptographic) means for the provision of his or her biometric personal data for the purpose of his or her identification at the accredited certification centre without his or her personal presence via the "Internet" information and telecommunications network when an electronic signature verification key certificate is issued, the accredited certification centre shall refuse to carry out identification and to issue an electronic signature verification key certificate to such a person. 1.1. Confirmation of the accuracy of the information listed in paragraphs 1 and 2 of part 1 of this Article is carried out in one of the following ways: 1) using original documents and (or) duly certified copies of documents; 2) using the unified system of interdepartmental electronic interaction, the information systems of state authorities, the Pension and Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund, the unified notarial information system, or the state information resource provided for by part 6 of Article 8 of this Federal Law; 3) using the unified identification and authentication system.
2. When applying to an accredited certification centre, the applicant submits the following documents or duly certified copies thereof and (or) information from them: 1) the principal identity document; 2) the insurance number of the individual personal account of the applicant - an individual; 3) the taxpayer identification number of the applicant - an individual; 4) the principal state registration number of the applicant - a legal entity; 5) the principal state registration number of the record of state registration of an individual as an individual entrepreneur, for the applicant - an individual entrepreneur; 6) the number of the certificate of registration with a tax authority of the applicant - a foreign organisation (including branches, representative offices and other separate subdivisions of a foreign organisation) or the taxpayer identification number of the applicant - a foreign organisation; 7) a document confirming the applicant's right to act on behalf of a legal entity without a power of attorney or confirming the applicant's right to act on behalf of a state body or a local self-government body; 8) a notarially certified power of attorney conferring, in the territory of the Russian Federation, the necessary powers on the head of a branch or representative office of a legal entity registered in accordance with the legislation of a foreign state, when applying for the issue of the qualified certificate provided for by paragraph 2.1 of part 1 of Article 17.2 of this Federal Law. 2.1. The applicant may, on his or her own initiative, submit copies of documents containing the information specified in paragraphs 2 - 6 of part 2 of this Article. 2.2. The accredited certification centre shall, using the infrastructure, verify the accuracy of the documents and information submitted by the applicant in accordance with parts 2 and 2.1 of this Article. To complete the qualified certificate in accordance with part 2 of Article 17 of this Federal Law, the accredited certification centre requests and obtains from state information resources: 1) an extract from the unified state register of legal entities in respect of the applicant - a legal entity; 2) an extract from the unified state register of individual entrepreneurs in respect of the applicant - an individual entrepreneur; 3) an extract from the Unified State Register of Taxpayers in respect of the applicant - a foreign organisation; 4) an extract from the state register of accredited branches and representative offices of foreign legal entities in respect of the applicant - a branch or representative office of a foreign organisation. 2.3. If the information obtained in accordance with part 2.2 of this Article confirms the accuracy of the information submitted by the applicant for inclusion in the qualified certificate, and the applicant has been identified by the accredited certification centre, the accredited certification centre carries out the procedure for creating and issuing the qualified certificate to the applicant. Otherwise, and also in the cases established by paragraphs 5 and 6 of part 2 of Article 13 of this Federal Law, the accredited certification centre refuses to issue the qualified certificate to the applicant.
3. Upon receipt of a qualified certificate by the applicant, the applicant shall be acquainted by the accredited certification centre with the information contained in the qualified certificate. Confirmation of acquaintance with the information contained in the qualified certificate is effected against a written acknowledgement, or through the applicant's use of a qualified electronic signature where he or she holds a valid qualified certificate, or by means of a simple electronic signature of the applicant - an individual - the key of which was obtained by him or her upon applying in person in accordance with the rules for the use of a simple electronic signature when applying for state and municipal services in electronic form, established by the Government of the Russian Federation, subject to identification of the citizen of the Russian Federation using information technologies without his or her personal presence by the provision of information from the unified identification and authentication system and information from the unified biometric system. Such consent, signed with an electronic signature, including a simple electronic signature, is recognised as an electronic document equivalent to a paper document signed with the handwritten signature of that individual. The certification centre shall store the information confirming the applicant's acquaintance with the information contained in the qualified certificate throughout the entire period of its activity. 3.1. A qualified certificate is issued by an accredited certification centre free of charge or for a fee set by the certification centre, provided that the amount of such fee shall not exceed the maximum amount, the procedure for the determination of which may be established by the Government of the Russian Federation.
4. An accredited certification centre shall, simultaneously with the issue of a qualified certificate, provide the holder of the qualified certificate with a manual on ensuring the security of the use of the qualified electronic signature and qualified electronic signature means.
5. When issuing a qualified certificate, the accredited certification centre sends information about the issued qualified certificate to the unified identification and authentication system. Requirements for the procedure for providing holders of qualified certificates with information about the qualified certificates issued to them using the unified portal of state and municipal services are established by the Government of the Russian Federation. When issuing a qualified certificate, the accredited certification centre, if the holder of the qualified certificate so wishes, registers the holder free of charge in the unified identification and authentication system, with identification of the holder in his or her personal presence.
1. A trusted third party provides services: 1) for confirming the validity of electronic signatures used in signing an electronic document, including establishing the facts that the relevant certificates are valid as at a specific point in time, and were created and issued by accredited certification centres whose accreditation is valid on the day of issue of those certificates; 2) for verifying that all qualified certificates used in signing an electronic document comply with the requirements established by this Federal Law and other regulatory legal acts adopted in accordance with it; 3) for verifying the powers of participants in electronic interaction; 4) for creating and signing, with the qualified electronic signature of the trusted third party, a receipt containing the result of the verification of the qualified electronic signature in the electronic document, with reliable information about the moment of its signing; 5) for storing data, including documenting the operations performed by the trusted third party.
2. The trusted third party ensures the confidentiality, integrity and availability of information during its processing and storage, and also during its transmission using information and telecommunications technologies.
3. The trusted third party bears civil-law and (or) administrative liability in accordance with the international treaties of the Russian Federation and the legislation of the Russian Federation for failure to perform the duties established by this Federal Law and other regulatory legal acts adopted in accordance with it, and also for violation of the procedure for exercising the functions of a trusted third party and performing its duties.
4. The information systems of a trusted third party intended for the provision of the services of the trusted third party are connected to the information technology and communications infrastructure in accordance with the procedure established in accordance with part 4 of Article 19 of Federal Law No. 210-FZ of 27 July 2010 "On the Organisation of the Provision of State and Municipal Services".
1. Accreditation of a trusted third party is carried out on a voluntary basis for a period of three years, unless a shorter period is indicated in the application of the trusted third party.
2. Accreditation of a trusted third party is carried out subject to fulfilment of the following requirements: 1) no liquidation procedure is being carried out in respect of the legal entity intending to provide the services of a trusted third party, there is no decision (ruling) of an arbitration court on the introduction of a bankruptcy procedure in accordance with the legislation of the Russian Federation on bankruptcy, and there is no information in the registers of unscrupulous suppliers maintained in accordance with the legislation of the Russian Federation; 2) the minimum amount of own funds (capital) is not less than one billion roubles, or 500 million roubles where the trusted third party has one or more branches or representative offices in not less than three quarters of the constituent entities of the Russian Federation; 3) the legal entity intending to provide the services of a trusted third party holds financial security for its civil liability for damage caused to third parties as a result of the provision of such services of inadequate quality, the amount of which is determined by the Government of the Russian Federation; 4) the legal entity intending to provide the services of a trusted third party holds trusted third party means and electronic signature means that have confirmation of compliance with the requirements established by the federal executive body in the field of security in accordance with paragraph 2 of part 5 of Article 8 of this Federal Law; 5) the trusted third party seeking accreditation has not been included in the list provided for by paragraph 5.1 of part 3 of Article 8 of this Federal Law during the three years before the filing of the application; 6) the person entitled, in accordance with the legislation of the Russian Federation, to act on behalf of the trusted third party without a power of attorney is not a person who was entitled to act without a power of attorney on behalf of a trusted third party or a certification centre whose accreditation was terminated early, during the three years before the filing of the application.
3. Accreditation of a trusted third party is carried out on the basis of an application filed with the authorised federal body. Documents confirming that the trusted third party meets the requirements established by part 2 of this Article are attached to the application. The trusted third party may elect not to submit the document confirming that the electronic signature means and trusted third party means held by it comply with the requirements established by the federal executive body in the field of security, if such document or the information contained in it is at the disposal of the federal executive body in the field of security. In that case, the authorised federal body independently verifies the existence of the document confirming the compliance of such means with the established requirements, on the basis of information received from the federal executive body in the field of security, using the unified system of interdepartmental electronic interaction.
4. Within a period not exceeding thirty calendar days from the day of acceptance of the application of the trusted third party, the authorised federal body, on the basis of the documents submitted, takes a decision to accredit the trusted third party or to refuse its accreditation.
5. If a decision is taken to refuse accreditation of a trusted third party, the authorised federal body, within a period not exceeding ten calendar days from the day the decision to refuse accreditation is taken, sends the trusted third party a notification of the decision taken, stating the reasons for the refusal.
6. If a decision is taken to accredit a trusted third party, the authorised federal body, within a period not exceeding ten calendar days from the day the accreditation decision is taken, sends the trusted third party a notification of the decision taken and enters the information in the list of accredited trusted third parties. After receiving accreditation, the accredited trusted third party shall connect the information system enabling the exercise of the functions of the accredited trusted third party (hereinafter - connection of the accredited trusted third party) to the infrastructure.
7. The grounds for refusing accreditation of a trusted third party are its non-compliance with the requirements established by part 2 of this Article, non-compliance with other requirements of this Federal Law, and also the presence of inaccurate information in the documents submitted by it.
8. An accredited trusted third party shall comply with the requirements for compliance with which it is accredited, and the requirements established by Article 18.1 of this Federal Law, throughout the entire period of its accreditation. If circumstances arise that make compliance with those requirements impossible, the accredited trusted third party shall immediately notify the authorised federal body of this in writing. The authorised federal body may conduct inspections of compliance by accredited trusted third parties with the requirements of this Federal Law and other regulatory legal acts adopted in accordance with this Federal Law, including the requirements for compliance with which those trusted third parties were accredited, throughout the entire period of their accreditation. If, following unscheduled inspections, non-compliance by an accredited trusted third party with those requirements is identified, the authorised federal body shall issue to that trusted third party a directive to remedy the violations within an established period and suspend the accreditation for that period, entering information about this in the relevant list. The accredited trusted third party notifies the authorised federal body in writing of the remedying of the violations identified. The authorised federal body takes a decision to resume the accreditation; in doing so, it may verify that the violations identified earlier have actually been remedied and, if they have not been remedied within the period established by the directive, terminates the accreditation of the trusted third party early.
1. Signature key certificates issued in accordance with Federal Law No. 1-FZ of 10 January 2002 "On Electronic Digital Signature" are recognised as qualified certificates in accordance with this Federal Law.
2. An electronic document signed with an electronic signature the verification key of which is contained in an electronic signature verification key certificate issued in accordance with the procedure previously established by Federal Law No. 1-FZ of 10 January 2002 "On Electronic Digital Signature" is, during the period of validity of that certificate but not later than 31 December 2013, recognised as an electronic document signed with a qualified electronic signature in accordance with this Federal Law.
3. Where federal laws and other regulatory legal acts that entered into force before 1 July 2013 provide for the use of an electronic digital signature, an enhanced qualified electronic signature is used in accordance with this Federal Law.
1. This Federal Law enters into force on the day of its official publication.
2. Federal Law No. 1-FZ of 10 January 2002 "On Electronic Digital Signature" (Collected Legislation of the Russian Federation, 2002, No. 2, Article 127) shall be repealed as of 1 July 2013. President of the Russian Federation