Examples of the use of electronic signatures in business and real life are gradually becoming more and more. It certainly pleases, because Any competently implemented service makes our life more comfortable (Does everyone remember Chewbacca and international passport?). But since ancient times, before the adoption of the 1-FZ “On electronic digital signature” in 2002, until today, there has been a significant gap in the practice of using technologies associated with electronic signature: it was not possible to legally signify the exchange of signed documents between residents of different countries. Moreover, this problem existed not only for interaction with the “far abroad”, but also within the framework of the post-Soviet space.
As everyone guessed, now this problem is no more:
On May 15, 2012, a group of companies carried out the first series of tests in the framework of large-scale technical tests to verify the correctness of the electronic trading platform in the mode of working with foreign participants in electronic trading ...For more details - I ask under the cat:
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And what the problem really was?
True true. But we need two small reservations:
- in some form, the exchange of signed documents was possible earlier, but only by prior agreement of the parties, which is not always possible - the mechanism described in article 160 of our Civil Code
- technical solution for cross-border exchange did not appear today - today before its introduction matured business
If someone is interested in what exactly the problem was, we read in order. The rest can immediately go to the "solution".
So, what prevents a citizen of Russia, for example, from me to participate in electronic trading on any European platform and to use the GOST-qualified professional certificate, which is obtained here in Russia? After all, how well it turns out according to last year's 63-FZ "ON ELECTRONIC SIGNATURE": I can use this most qualified certificate to generate an electronic signature, which is analogous to my own handwriting, everywhere where documents are received in electronic form, and under the law, no one has the right to refuse me - neither tax at the time of submission of reports, nor the Russian electronic trading platform.
Obviously interferes with the following:
- differences in legislation governing the use of electronic signatures
- differences in cryptographic algorithms
- differences in regulations of cryptographic regulators, including licensing of types of activities, certification of signature tools, export restrictions, etc.
- impracticality of the campaign to the London Stock Exchange at the ready with Art. 160 of the Civil Code of the Russian Federation
In general, there is a problem, and it must be solved. And not only because of my purely hypothetical desire to trade on the London Stock Exchange, but also because for a symmetrical situation, when a certain John wants to come to our trading platform, in the already mentioned 63-FZ there is an interesting article that, like the whole law , it is necessary to execute somehow:
7. ,
1. , , , .
2. , .
Decision
To start abbreviation: DTS. Corresponds to the term Trusted Third Party from the international standard X.842. Of all the possible services that the DTS can provide here, only one is used - the validation service (i.e., verification of signed data).
Actually the decision:
In short, it all comes down to replacing the contractual relationship between, for example, Vasily and John (or the user Vasily and the London Stock Exchange), with a longer, but more efficient chain:
user John - DTS.EU - DTS.RU - user Vasily.
Today, technology coverage is approximately the following: in Europe and in Russia, the service operates in a mode of industrial operation. In the Republic of Belarus - a demonstration service, on the basis of which, probably, a real combat complex will be created. In Kazakhstan - work is underway to create such a service.
Who is interested in all this
Obviously, those who want to trade on the London Stock Exchange, as well as those who are involved in the execution of the 63-FZ. And, I hope, in general, to all who are not indifferent to progress.
If this topic is curious to Habra, I will answer questions with pleasure.
Sources
- www.gosbook.ru/node/54550
- www.rto-ttp.ru/Company/index.html#iTender
- www.itender-online.ru/press/transboundary_electronic_signature.aspx
- aetp.ru/Html.aspx?ContentType=HtmlItem&ItemId=1668