What does an electronic signature look like on a sample document. What does an electronic signature look like?

For signing documentation of any level, executed in in electronic format, today is actively involved digital signature. Its presence allows you to fix the authenticity of the information contained in the file, as well as the ownership of the EDS by the owner. Before making an electronic signature, individual or a business entity must undergo a simple registration at the office. website of the certifying center, or contact its trusted representative.

Legislative regulation

The procedure for generating and using virtual digital signatures is regulated by Federal Law No. 63 of 04/06/2011, as well as others regulations, in particular the Civil Code (Art. 847, 434, 160) and the Tax Code of the Russian Federation (Art. 169). These laws regulate what EDS is, how it looks and in what areas it can be applied. Also, issues on the use and receipt of virtual digital signatures are considered by such legislative acts: Federal Law No. 149, 402, Order of the Ministry of Finance No. 50n dated 04.25.2011.

Information presented on a special medium in virtual form should be considered as a digital signature. Upon receipt of the EDS, the certification center issues a key certificate, which confirms that the signature belongs to a specific business entity or individual. A digital signature is an analogue of a conventional signature and can be used to certify electronic documentation of any level.

EDS is not an object and does not have a text format, so the information contained in it is hidden from human eyes. It looks like part of an encrypted program code. It should be regarded as a requisite of an electronic document, which will certify its authenticity, as well as record the unchanged state of the data presented from the moment of signing.

Types of signatures

The following types of EDS can be used by business entities:

Simple. Typically, such signatures that come in SMS or email messages in the form of numerical or digital combinations are used by individuals in the process of interaction with various authorities, departments and others. government agencies A: hospitals, banks, educational institutions, etc.
Reinforced unskilled. Such signatures are used by business entities and individuals in the process of work. Can be used when visiting different sites, for example, "Gosuslugi", and using the proposed interface.
Reinforced qualified. Designed for different forms of ownership. They can be used when participating in, when submitting reports to regulatory authorities via the Internet, to maintain a significant workflow. Such EDS can only be issued by certification centers that have been accredited and have certificates confirming this fact.

Attention! A 100% guarantee of the authenticity of a virtual document is provided only by an enhanced qualified EDS. Its legal force is recognized not only by business entities, but also by all regulatory authorities.

Where and how can I get

In order to generate an EDS in accordance with the Federal legislation, individuals and entrepreneurs must submit a package of documentation to certification centers. They will also have to pay for the services of the CA, according to the invoices received, before the start of generating digital signatures. The procedure includes the following sequence:

The person chooses a certification authority. A complete list of CA offices can be found on the Gosuslugi portal https://www.gosuslugi.ru/125557/1/info.
If the client does not have time, he can go to the website of the certification center and apply for an EDS. Within an hour, he will be sent an invoice to pay for the center's specialized services. Also, a person can personally come to the nearest office of the certification center and fill out an application on the spot.
After paying the bill, the client must transfer a package of documents to the CA employee. Further, an agreement is signed between the parties.
The client is given a complete package: software, certificate, documents recorded on a special EDS carrier.

The key verification certificate will contain the following information: TIN, information about the owner of the EDS, validity period, information about the certification center in which registration was carried out. Digital signatures are issued for a year, after which you will have to renew them or order new CPUs.

Scope of application

EDS can be used in the following areas of business and life:

In the process of maintaining electronic document management, in particular with physical. persons.
When creating and sending reporting and correspondence to regulatory authorities.
When participating in an electronic auction.
Upon receipt of any public services.
During participation in arbitration processes.
When conducting banking transactions.
For interaction with counterparties on the basis of signed agreements, etc.

EDS advantages

Thanks to the adoption of Federal Law No. 63 on the rules for the generation and use of electronic digital signatures, citizens and entrepreneurs are able to significantly simplify various business processes and everyday situations. The benefits of using an EDS include the following:

It is possible to simplify not only internal, but also intercorporate, interdepartmental and international document flow.
A high degree of confidentiality of all data transmitted via the Internet is guaranteed.
The completeness and reliability of the information contained in electronic documents is ensured.
Simplifies the process of interaction with regulatory authorities and off-budget funds. For example, company employees no longer have to stand in queues for many hours to submit reports, as they redirect them over the Internet.
It is possible to make internal workflow more efficient and convenient.

Which centers to contact

Not so long ago in the means mass media A draft law was published that proposes to close all commercial certification centers (there are more than 400 of them today) and leave only two state CAs. For the provided generation services, business entities will also have to pay a state fee in a fixed amount of 2,500 rubles. The introduction of legislative innovations is planned to be carried out within two years from the date of adoption of the relevant Federal Law.

But, until the reforms come into force, in the territory Russian Federation certifying centers continue to carry out their core activities, where you can get an EDS for both universal use and for individual instances:

for GIS GMP;
for IC Marking;
for the FTS;
for Rosfinmonitoring;
for GIS housing and communal services;
for FIS FRDO;
for RAP;
for EGAIS Alcohol;
for Rosaccreditation;
for PIK EASUZ;
for Mosenergosbyt, etc.

Signature activation rules

The Certification Authority should explain to each client how to properly install the EDS certificate on the computer. This can be done in two ways.

First option"Personal certificate installation":

Second option"Installation root certificate UC":

After launching the CryptoProCSP software, find the “service” section, click on the “view certificate in container” button.
Press the "Browse" key, select the desired certificate - "OK".
In the "next" section, click "properties", select "install certificate" from the menu.
The switch should be transferred to a cell called "Automatic. Select a storage based on the type of certificate”, then click on the “next” and “finish” button.

Attention! Before, you must install the software received from the CA. After that, the desired file is opened in the PC, the “add email” section is selected from the menu. signature "CryptoPro". From the list that opens, select the desired EDS and press the "sign" button. If no errors were made, then a window will appear in front of the user, with the text about the successful signing of the document.

What can be software errors when using EDS and how to fix them

When working with the EDS, the following errors may occur:

The virtual site does not display a certificate confirming the status of a procurement participant. The reason for the error may lie in wrong settings browser, incorrect configuration of the EDS key certificate, absence of a root certificate from the CA. To eliminate errors, you should first make sure that the settings are correct and that the received software matches the type of OS. After that, in the browser settings, you need to add the addresses of virtual sites and ActiveX controls. The next step is to install the root certificate.
Unable to sign electronic documents. The reason for the error may lie in the following: a media with another digital signature is inserted into the corresponding slot, the license of the CryptoPro software has expired. To eliminate the error, you must first check the storage medium and the validity period of the software license.
In the process of entering the virtual platform, the system gives an error. In most cases, the error occurs due to incorrect installation of the Capicom library. To eliminate it, you need to check the presence of a library in the PC, and also copy two system files to one of the Windows folders (if you have a 64-bit system) with the .dll extension.

If it is not possible to fix everything on your own, then you should contact the specialists of the certification center, which is obliged to provide advisory support to customers.

In contact with

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

EDS Signature: 5 Benefits and 6 Uses!

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

Documents are maximally protected from falsification.

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

Optimization, acceleration and simplification of workflow.

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

Reduction of costs due to refusal of paper carriers.

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

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

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

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

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

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

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

Website of the State Service,
RosPatent,
Rosreestr.

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

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

There are 6 steps in total.

Step 1. Selecting the type of ES.

Step 2. Choosing a certification authority.

Step 3. Filling out the application.

Step 4. Payment of the invoice.

Step 5. Collecting a package of documents.

Step 6. Obtaining an EDS.

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

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

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

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

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

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

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

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

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

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

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

On this moment About a hundred such centers operate on the territory of the Russian Federation. But only seven are industry leaders:

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

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

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

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

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

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

Step 4. Paying the bill: money in advance!

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

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

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

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

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

Individuals must provide:

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

Submit documents to the CA confidant the recipient of the electronic signature. To do this, you need to issue a power of attorney.

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

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

Documents for obtaining an EDS by individual entrepreneurs:

Statement.
Registration certificate with OGRNIP number.
Certificate with TIN.
Extract from the register of entrepreneurs, issued no earlier than 6 months ago, or a copy certified by a notary.
Passport.
SNILS.
Receipt of payment.

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

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

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

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

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

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

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

Working with an electronic signature is convenient for both individuals and legal entities. The use of props reduces the time and money spent on certifying documents and sending them to various government agencies, allows you to conduct electronic document management, etc. On the document, the ES can be reflected in the form of a seal or a stamp, and have an additional field for an emblem or a time stamp. A document with an ES is valid both in electronic form and in printed form.

An electronic signature is a unique sequence of characters. It acts as a mandatory requisite affixed to official electronic documents. To generate a signature, reliable cryptographic methods and mathematical calculations are used, and the software is certified by the FSB.

There are 3 types of EDS:

simple;
unskilled;
qualified.

A simple electronic signature (SES) is a code or password generated by the system and sent to the user's phone or email address. Typically used on websites to confirm an action. An unqualified signature (NES) differs in that it requires confirmation of the identity of the client, and is formed using a cryptographic transformation.

The most reliable is a qualified digital signature (QDS). It is backed by a validation certificate, has a private and public key, and gives the document full legal force.

A key certificate is a .crt file that contains information about the owner, certificate thumbprint, and signature expiration dates.

An electronic signature on a document looks like this:

a sequence of letters or numbers that corresponds to the key specified in the certificate;
a graphic picture or a stamp indicating the signature of the certificate holder.

The most reliable is the invisible ES, which is not visually determined. It is used when compiling MS Word, Excel documents, and is generated automatically. You can determine its presence by the mark that appears in the "state" column.

An example of what an enhanced qualified electronic digital signature looks like is extract from the Unified State Register of Legal Entities certified by the Federal Tax Service. The signature here is a seal indicating the number of the certificate, the owner, the expiration date of the ES.

What does a document signed with an EDS look like:

What does an ED imaging stamp include?

According to GOST R-7.0.97-2016 dated July 1, 2018, the electronic signature form must contain new form with the "electronic signature mark" attribute. It is mandatory for any ED when it is visualized, scanned or printed in the place where the signature is usually put down on paper by hand.

A mark is placed on a document signed with an electronic signature, which is:

printout of the electronic contract;
printout of the protocol of consideration of applications and their evaluation for participation in the auction on the ETP;
responses to requests from regulatory authorities.

An electronic signature stamp must include such details as:

signature key certificate number;
Full name of the EDS owner;
expiration date of the certificate;
the phrase that the document is signed by ES.

Additionally, the stamp may contain an emblem:

According to the requirements of the standard, the electronic signature mark must be readable, and its elements must not intersect or overlap each other.

How to mark

Usually, two options are used to mark an electronic signature:

production of a stamp with its subsequent insertion into copies;
setting up a signature in MS Office.

To set up an EDS through MS Office, you need to open document go to the "Tab" submenu and select "Signature line":

If a stamp is made, then it is inserted into the copy in the usual way through the insertion of a picture or drawing and placed in the right place.

What is a time stamp

Clients of the CryptoPro TSP system can additionally receive time stamps. The signed data is the hash value and the stamp time. The requisite is associated with the ED for which it was issued and ensures its integrity.

To issue a stamp and implement a service based on CryptoPro, you need to create a separate TSP server and add CryptoPro TSP Client to the workplace software.

Time stamp advantage:

fixing the time of creation of ED;
fixing the time of EDS formation;
fixing the time of the operation for the processing of ED;
long-term storage of ED (even after the expiration of the user's ES certificate).

When you open a document and view information about EDS stamp time will look like this:

Working with the TSP protocol is simple, and is based on a request-response interaction with the server. The user creates a request by sending it to the server and receives a response containing the generated timestamp. If an error occurs, the response will contain an error code instead of a stamp.

Is it mandatory or not to comply with GOST

There is GOST for electronic signature. In the unified register, it is listed under the number 7.0.97-2016. The standard contains rules for the formation of documents in both paper and electronic form, and addresses issues such as:

location on the carrier of the necessary details;
requirements for the creation and execution of ED, including the use of IT.

The GOST rules are governed by Article 26 of the Federal Law 162 dated 06/29/2015. Article 6 of the Federal Law 162 provides for the mandatory use of standardization documents for defense products, state. orders for goods and services used to protect data, as well as to provide information relating to atomic energy and so on.

Based normative documents GOST requirements on information standards are not mandatory and their non-compliance does not violate applicable law.

Loss of legal significance of ES

An official document has legal force and legal significance. The first term means that the document has legal consequences. Significance is evidence of business activity.

The Federal Law on Electronic Signature determines that a document is certified in EDF using special technologies and electronic signature. To have legal force and serve as proof of action, ED must have the following details:

name;
number;
indication of the full name of the author of the signature, the name of the company and the person entitled to sign;
date of compilation;
signature.

The law also prescribes three types of ES, the characteristics of each of them, legal force, method of obtaining and validity. According to the draft law, only documents signed with a qualified electronic signature have legal force. The NEP gives the ED legal force if there is a separate agreement between the participants in the ED.

EDS loses its legal force in the following cases:

the signature was put by a person who does not have the right to act on his own behalf or on behalf of the organization;
not all required details are indicated in the ED;
the format and method of transmission of ED are not observed;
the certificate will become invalid at the time of signing or verification of the ED;
The ES was used in violation of the information specified in the certificate.

The agreement between the EDF participants prescribes the requirements for recognizing the equivalence of documents with ES and on paper, and their violation also leads to the loss of the legal significance of the document. Usually they include:

mandatory sending of ED from a secure mailbox, access to which is available only to the owner of the signature;
the public key must be attached in the letter;
the mail service should have limited access.

The same conditions are used for corporate EDS. Working with public mail services reduces the legal force of a simple signature, and makes it impossible to use it to certify documentation.

The use of electronic signature in judicial practice

The use of an electronic signature sometimes complicates legal proceedings. Reporting instead of the head can assure Chief Accountant, and a lawyer - a statement for the court assures instead of the plaintiff. Similar violations occur when using the "client-bank" software, when payment orders are sent not by the owner of the ES.

When considering claims for unlawful debiting Money from the settlement account of the organization, the court recognizes the correctness of the bank’s action, since the electronic signature is correct, and considers the transfer of the right to sign to a third party as a violation contractual relations and customer service policies.

A similar practice also arises when participating in electronic government auctions. If the organization has not signed the won contract in a timely manner, then it is recognized as the party that evaded the conclusion of the contract and is entered in the register of unscrupulous suppliers. IN judicial practice there are also frequent cases when an organization is entered in the register because of a contract signed by a person who does not have the right to certify such documents.

In civil law relations, there are disputes between counterparties about the legality of documents signed by the ES of unauthorized persons. When making a decision, the court proceeds from checking the validity of the ES certificate.

In the legislation of the Russian Federation there are no direct prohibitions on the transfer of ES to third parties with the consent of the owner, and in the event of controversial situations the court recognizes the owner of the signature as the person who signed the document. All responsibility for use of EDS lies with the owner of the certificate, and if the key is compromised, he is obliged to apply to the CA with an application to suspend the signature. In disputable cases, such an appeal may serve as evidence of damage caused not by the owner of the signature, but by a third party.

How to print a document with an EDS

Electronic document certified qualified signature, is equivalent to paper, and usually does not require printing. However, sometimes it is required to submit a document only on paper, or paper is more trustworthy for the receiving party. To print an ED, you need to open it through CryptoPro, then go to "Settings" and "Manage settings":

In the "Profiles" section, double-click on the desired profile:

In the "General" submenu, check the box for adding an ES to the document for printing:

Using the CryptoARM wizard, check the ES of the document that will need to be sent for printing:

Then you need to go to the "Details" section:

The document can be printed separately by clicking on "Print", or go to the "View" subsection and print the document along with the signature:

With a standard EDS, it will look like this:

Less often, you need to print an EDS certificate. This can be done in several simple steps through the tax office. From the list of proposed organizations, select the one you are interested in, then go to the "Responsible Individuals" section and send the certificate form for printing. The program will automatically generate a certificate form and give a command to print.

Working with an electronic signature is convenient and reliable only if all the rules for its use are observed. If the ES certificate has been compromised or the rules for using the details have been violated, then it loses its legal force. When transferring a private EDS key, the responsibility for using the signature lies with the owner. In court, it can be difficult to prove damage and non-use by the EDS owner. Information and technical details and the signature process are regulated by both Federal legislation and GOST. And if compliance with the Federal Law is mandatory, but GOST must be adhered to only in some cases (work with classified data, etc.). The law prescribes not only the type and legal force of the signature, the features of its receipt and the validity period, but also the presence of a time stamp, marks on electronic documents on the presence of an electronic signature, details of the certificate owner.

1. Information in electronic form signed with a qualified electronic signature is recognized as an electronic document equivalent to a paper document signed with a handwritten signature and may be used in any legal relationship in accordance with the legislation of the Russian Federation, except if federal laws or adopted in accordance with their regulatory legal acts establish the requirement for the need to draw up a document exclusively on paper.

(see text in previous edition)

2. Information in electronic form, signed with a simple electronic signature or an unqualified electronic signature, is recognized 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, or an agreement between participants in an electronic interactions. Regulatory legal acts and agreements between participants in electronic interaction that establish cases for recognizing electronic documents signed with an unqualified electronic signature as equivalent to paper documents signed with a handwritten signature should provide for the procedure for verifying an electronic signature. Normative legal acts and agreements between participants in electronic interaction establishing cases of recognition of electronic documents signed with a simple electronic signature as equivalent to paper documents signed with a handwritten signature must 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 practice, a document must be certified by a seal, an electronic document signed with an enhanced electronic signature and recognized as equivalent to a paper document signed with a handwritten signature is recognized as equivalent to a document on hard copy, 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 to an electronic document in order to recognize it as equivalent to a document on paper, certified by a seal.

3.1. If federal laws and regulatory legal acts adopted in accordance with them provide that a document must be signed by several persons, an electronic document must be signed by persons (authorized officials body, organization) that produced this document, with the type of signature established by the legislation of the Russian Federation for signing a prepared electronic document with an electronic signature.

4. Several interconnected electronic documents (package of electronic documents) can be signed with one electronic signature. When signing a package of electronic documents with an electronic signature, each of the electronic documents included in this package is considered to be signed with an electronic signature of the type that signed the package of electronic documents. The exception is cases when the package of electronic documents by the person who signed the package includes electronic documents created by other persons (bodies, organizations) and signed by them with the type of electronic signature that is established by the legislation of the Russian Federation for signing such documents. In these cases, the electronic document included in the package is considered signed by the person who originally created such an electronic document, with the type of electronic signature with which this document was signed during creation, regardless of the type of electronic signature signed by the package of electronic documents.

The article provides answers to the questions: “What does an electronic signature look like”, “How does an EDS work”, its capabilities and main components are considered, and a visual step-by-step instruction the process of signing a file with an electronic signature.

What is an electronic signature?

An electronic signature is not an object that can be picked up, but a document requisite that allows you to confirm that the EDS belongs to its owner, as well as to fix the state of information / data (presence or absence of changes) in electronic document from the moment of its signing.

Reference:

The abbreviated name (according to federal law No. 63) is ES, but more often they use the outdated abbreviation EDS (electronic digital signature). This, for example, facilitates interaction with search engines on the Internet, since ES can also mean an electric stove, a passenger electric locomotive, etc.

According to the legislation of the Russian Federation, a qualified electronic signature is the equivalent of a handwritten signature with full legal force. In addition to the qualified in Russia, there are two more types of EDS:

- unqualified - ensures the legal significance of the document, but only after the conclusion additional agreements between signatories on the rules for the application and recognition of EDS, allows you to confirm the authorship of the document and control its invariance after signing,

- simple - does not give the signed document legal significance until the conclusion of additional agreements between the signatories on the rules for the application and recognition of the EDS and without observing the legally fixed conditions for its use (a simple electronic signature must be contained in the document itself, its key must be applied in accordance with the requirements of the information system, where it is used, and so on in accordance with Federal Law-63, Article 9), does not guarantee its invariability from the moment of signing, allows you to confirm authorship. Its use is not allowed in cases related to state secrets.

Possibilities of electronic signature

For individuals, EDS provides remote interaction with government, educational, medical and other information systems through the Internet.

For legal entities, an electronic signature gives access to participation in electronic trading, allows you to organize a legally significant electronic document management (EDF) and delivery electronic reporting to the regulatory authorities.

The opportunities provided by EDS to users have made it an important part of everyday life for both ordinary citizens and company representatives.

What does the phrase "the client has been issued an electronic signature" mean? What does an ECP look like?

The signature itself is not an object, but the result of cryptographic transformations of the signed document, and it cannot be “physically” issued on any medium (token, smart card, etc.). Nor can it be seen, in the truest sense of the word; it does not look like a stroke of a pen or a figured print. About, What does an electronic signature look like? we will tell below.

Reference:

A cryptographic transformation is an encryption that is built on an algorithm that uses a secret key. The process of restoring the original data after cryptographic transformation without this key, according to experts, should take longer than the validity period of the extracted information.

Flash media is a compact storage medium that includes flash memory and an adapter (usb flash drive).

A token is a device whose body is similar to that of a USB flash drive, but the memory card is password protected. The information for creating an EDS is recorded on the token. To work with it, you need to connect to the USB-connector of the computer and enter a password.

A smart card is a plastic card that allows you to carry out cryptographic operations due to a microcircuit built into it.

A SIM card with a chip is a mobile operator's card equipped with a special chip, on which a java application is safely installed at the production stage, expanding its functionality.

How should one understand the phrase “electronic signature issued”, which is firmly entrenched in the colloquial speech of market participants? What is an electronic signature?

The issued electronic signature consists of 3 elements:

1 - a means of electronic signature, that is, necessary for the implementation of a set of cryptographic algorithms and functions technical means. This can be either a cryptographic provider installed on a computer (CryptoPro CSP, ViPNet CSP), or an independent token with a built-in cryptographic provider (Rutoken EDS, JaCarta GOST), or an "electronic cloud". You can read more about EDS technologies related to the use of the "electronic cloud" in the next article of the Single Electronic Signature Portal.

Reference:

A crypto provider is an independent module that acts as an "intermediary" between operating system, which, with the help of a certain set of functions, controls it, and a program or hardware complex that performs cryptographic transformations.

Important: the token and the means of a qualified EDS on it must be certified by the Federal Security Service of the Russian Federation in accordance with the requirements federal law № 63.

2 - a key pair, which consists of two impersonal sets of bytes formed by an electronic signature tool. The first of them is the electronic signature key, which is called "closed". It is used to form the signature itself and must be kept secret. Placing a “private” key on a computer and a flash drive is extremely insecure, on a token it is somewhat insecure, on a token/smart card/sim card in an unrecoverable form it is the most secure. The second is the electronic signature verification key, which is called "open". It is not kept secret, it is unambiguously tied to a “private” key and is necessary so that anyone can check the correctness of the electronic signature.

3 - key certificate EDS checks issued by a certification authority (CA). Its purpose is to associate an impersonal set of bytes of the “public” key with the identity of the owner of the electronic signature (person or organization). In practice, it looks like this: for example, Ivan Ivanovich Ivanov (an individual) comes to the certification center, presents his passport, and the CA issues him a certificate confirming that the declared “public” key belongs to Ivan Ivanovich Ivanov. This is necessary to prevent a fraudulent scheme, during the deployment of which an attacker, in the process of transmitting an "open" code, can intercept it and replace it with his own. Thus, the offender will be able to impersonate the signatory. In the future, by intercepting messages and making changes, he will be able to confirm them with his EDS. That is why the role of the certificate of the electronic signature verification key is extremely important, and the certification center bears financial and administrative responsibility for its correctness.

In accordance with the legislation of the Russian Federation, there are:

- "electronic signature verification key certificate" is generated for an unqualified digital signature and can be issued by a certification center;

— « qualified certificate Key for Verification of an Electronic Signature” is formed for a qualified EDS and can only be issued by a CA accredited by the Ministry of Telecom and Mass Communications.

Conventionally, it can be indicated that the keys for verifying an electronic signature (sets of bytes) are technical concepts, and the “public” key certificate and the certification center are organizational concepts. After all, the CA is a structural unit that is responsible for matching "open" keys and their owners as part of their financial and economic activities.

Summarizing the above, the phrase “the client has been issued an electronic signature” consists of three terms:

The client purchased an electronic signature tool.
He received an "open" and "private" key, with the help of which an EDS is generated and verified.
The CA issued a certificate to the client confirming that the “public” key from the key pair belongs to this particular person.

Security issue

Required properties of signed documents:

integrity;
authenticity;
authenticity (authenticity; "non-repudiation" of the authorship of information).

They are provided by cryptographic algorithms and protocols, as well as software and hardware-software solutions based on them for the formation of an electronic signature.

With a certain degree of simplification, we can say that the security of the electronic signature and services provided on its basis is based on the fact that the "private" keys of the electronic signature are kept secret, in a protected form, and that each user keeps them responsibly and does not allow incidents.

Note: when purchasing a token, it is important to change the factory password, so that no one can access the EDS mechanism except for its owner.

How to sign a file with an electronic signature?

To sign a digital signature file, you need to perform several steps. As an example, let's consider how to put a qualified electronic signature on a trademark certificate of the Unified Electronic Signature Portal in .pdf format. Need to:

1. Click on the document with the right mouse button and select the crypto provider (in this case, CryptoARM) and the “Sign” column.

2. Pass the path in the dialog boxes of the cryptographic provider:

At this step, if necessary, you can select another file for signing, or skip this step and go directly to the next dialog box.

The Encoding and Extension fields do not require editing. Below you can choose where the signed file will be saved. In the example, the document with digital signature will be placed on the desktop (Desktop).

In the "Signature properties" block, select "Signed", if necessary, you can add a comment. Other fields can be excluded/selected as desired.

From the certificate store, select the one you need.

After verifying that the "Certificate Owner" field is correct, click the "Next" button.

In this dialog box, the final verification of the data required to create an electronic signature is carried out, and then after clicking on the “Finish” button, the following message should pop up:

Successful completion of the operation means that the file has been cryptographically converted and contains the requisite that fixes the immutability of the document after its signing and ensures its legal significance.

So, what does an electronic signature look like on a document?

For example, we take a file signed with an electronic signature (saved in the .sig format) and open it through a cryptographic provider.

Fragment of the desktop. On the left: a file signed with an ES, on the right: a cryptographic provider (for example, CryptoARM).

Visualization of the electronic signature in the document itself when it is opened is not provided due to the fact that it is a requisite. But there are exceptions, for example, the electronic signature of the Federal Tax Service upon receipt of an extract from the Unified State Register of Legal Entities / EGRIP through online service conditionally displayed on the document itself. Screenshot can be found at

But what about in the end "looks" EDS, or rather, how is the fact of signing indicated in the document?

By opening the “Signed Data Management” window through the crypto provider, you can see information about the file and the signature.