EDS for court
The bitter experience of many IT companies tells us that the process of obtaining EDS is a tricky business and no one needs it! This is not the case.
Though tricky process, but it is necessary. I will not rant about the fact that it is convenient and that it reduces the time, and also the EDS is an essential attribute of submitting reports to the regulatory authorities in electronic form. This is so everyone knows.
What interested me is the legal significance of documents signed by EDS. How can a piece of paper, printed without any stamps familiar to us with a coat of arms and other attributes, can serve as evidence in court disputes, if this happens (“pah-pah-pah !!!”)? Many SED give their arguments and arguments. Everywhere they simply say that “the system provides legally significant electronic document circulation” and that's it. Where is the proof? Water water I don't like that. I went through the doc-online site to the suppliers of EDS and tested everything. Has found such a thing as an improved electronic digital signature. Such a signature is used to create a legally significant electronic document, the developers of DiState are convinced. It allows to prove the authenticity of EDS and the validity of the EUC (signature key certificate) at the time of signing the electronic document.
The main instrument for proving the authenticity of a document in the EDS is the time stamp (TSP — Time-Stamp Protocol). This is what distinguishes the improved EDS from the “classical” one. And check the data can service OCSP (Online Certificate Status Protocol). This protocol works like a "request-response". The client initiates the protocol by sending a request to the server to receive the certificate status, to which the server sends a response containing the status of the requested certificate. In general, an improved EDS is a prerequisite for archiving an electronic document certified by an EDS.
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Plus, the description found that the documents signed by such a signature, have already participated in the proceedings. Logistics was sued for which the goods did not reach their destination on time due to force majeure circumstances that occurred with the carrier. The material of the decision of the Arbitration Court of the UR is published on the website of the DiState system. I will give an interesting quote for me:
"In accordance with part 2 of article 160 of the Civil Code of the Russian Federation, Federal Law No. 1-FZ of January 10, 2002“ On Electronic Digital Signature ”and the Agreement on the Application of Electronic Digital Acting between OOO FKS-Avto signatures, electronic digital signature in electronic documents, formed by a party to the Agreement in the DiState System, is equivalent to a handwritten signature and an imprint of the seal of the participant in the Agreement. episka decorated in DiState System and certified digital signatures duly authorized representatives of the parties. "
Class !!! it turns out that everything is legal! Honestly, I was very glad to have such a specific explanation and provision of evidence from the DiState system. And in general, the very fact that the Arbitration Court accepted such documents to participate in litigation is also inspiring.
Pardonte, there is one reservation! As one of the evidence, the report of the automated workplace of Conflict Situations of the DKey Certification Center (system operator) was submitted to the Arbitration Court. It is probably necessary to clarify that I live in Izhevsk. And here for the first time I hear that the Udmurt EDS use such an automated workplace for resolving conflict situations. Well, since I’m an advertising manager, I also have advertisers who order ads and not pay! These are mainly those whose main leaderships are not in the republic, but “beyond the hill”. They wait for documents back like hard labor. More and then fly into the n-th sum!
But electronic document management is a good idea for a manager, like me.
Though tricky process, but it is necessary. I will not rant about the fact that it is convenient and that it reduces the time, and also the EDS is an essential attribute of submitting reports to the regulatory authorities in electronic form. This is so everyone knows.
What interested me is the legal significance of documents signed by EDS. How can a piece of paper, printed without any stamps familiar to us with a coat of arms and other attributes, can serve as evidence in court disputes, if this happens (“pah-pah-pah !!!”)? Many SED give their arguments and arguments. Everywhere they simply say that “the system provides legally significant electronic document circulation” and that's it. Where is the proof? Water water I don't like that. I went through the doc-online site to the suppliers of EDS and tested everything. Has found such a thing as an improved electronic digital signature. Such a signature is used to create a legally significant electronic document, the developers of DiState are convinced. It allows to prove the authenticity of EDS and the validity of the EUC (signature key certificate) at the time of signing the electronic document.
The main instrument for proving the authenticity of a document in the EDS is the time stamp (TSP — Time-Stamp Protocol). This is what distinguishes the improved EDS from the “classical” one. And check the data can service OCSP (Online Certificate Status Protocol). This protocol works like a "request-response". The client initiates the protocol by sending a request to the server to receive the certificate status, to which the server sends a response containing the status of the requested certificate. In general, an improved EDS is a prerequisite for archiving an electronic document certified by an EDS.
')
Plus, the description found that the documents signed by such a signature, have already participated in the proceedings. Logistics was sued for which the goods did not reach their destination on time due to force majeure circumstances that occurred with the carrier. The material of the decision of the Arbitration Court of the UR is published on the website of the DiState system. I will give an interesting quote for me:
"In accordance with part 2 of article 160 of the Civil Code of the Russian Federation, Federal Law No. 1-FZ of January 10, 2002“ On Electronic Digital Signature ”and the Agreement on the Application of Electronic Digital Acting between OOO FKS-Avto signatures, electronic digital signature in electronic documents, formed by a party to the Agreement in the DiState System, is equivalent to a handwritten signature and an imprint of the seal of the participant in the Agreement. episka decorated in DiState System and certified digital signatures duly authorized representatives of the parties. "
Class !!! it turns out that everything is legal! Honestly, I was very glad to have such a specific explanation and provision of evidence from the DiState system. And in general, the very fact that the Arbitration Court accepted such documents to participate in litigation is also inspiring.
Pardonte, there is one reservation! As one of the evidence, the report of the automated workplace of Conflict Situations of the DKey Certification Center (system operator) was submitted to the Arbitration Court. It is probably necessary to clarify that I live in Izhevsk. And here for the first time I hear that the Udmurt EDS use such an automated workplace for resolving conflict situations. Well, since I’m an advertising manager, I also have advertisers who order ads and not pay! These are mainly those whose main leaderships are not in the republic, but “beyond the hill”. They wait for documents back like hard labor. More and then fly into the n-th sum!
But electronic document management is a good idea for a manager, like me.
Source: https://habr.com/ru/post/113755/
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