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Bill on electronic signatures

The State Duma on February 25 passed on second reading the bill “On Electronic Signature” and the appropriate amendments to the Russian law. The electronic signature bills were submitted to the State Duma by a group of Russian legislators led by State Duma First Deputy Speaker Oleg Morozov.

Under the bill, an electronic signature is information in electronic and digital form that can be used for identification of the private individual or legal entity using it.

“The current law on electronic digital signatures has its flaws that prevent the broad use of electronic digital signatures in our country,” Liana Pepelyayeva, deputy chairman of the State Duma committee on financial markets, told reporters. Specifically, the current law mandates the use of only one electronic signature technology and prohibits electronic digital signatures of legal entities. In addition, many of its provisions are not in line with the main principles of foreign legislation, and the new law corrects these flaws, said the member of the Russian parliament. The document governs the relations associated with the use of electronic signatures in civil transactions, the provision of state and municipal services, and the transaction of other business. Electronic signatures can be ordinary and reinforced, and a reinforced signature can be non-qualified or qualified.

An ordinary electronic signature confirms the execution of an electronic signature by a specific person using codes, passwords, or other means.

A non-qualified electronic signature should be obtained as a result of cryptographic transformation of information using a signature key. It helps determine the person who signed the electronic document and detect the changes made to already signed electronic documents. A qualified electronic signature has the same indications, but the key used to verify it must be stated in a qualification certificate. It should be created and verified using electronic signature means found in compliance with the requirements outlined in the law.

In addition, the bill governs the issuance and use of signature key certificates, electronic signature verification, accreditation, and the provision of services by certification centers.

If adopted, the document will become effective on the day of its official publication. The current law “On Electronic Digital Signatures” will lose its effect on July 1, 2012.

The second document, which amends some legislative acts in connection with the adoption of the federal law “On Electronic Signature”, is aimed at bringing the terminology of the current federal laws in compliance with the bill on electronic signature. Specifically, the document amends the Civil Code, the Code of Arbitration Procedure, the laws “On Information, Information Technologies, and Information Protection”, “On Credit Histories”, and other laws. In accordance with the changes to the law “On the Organization of the Provision of State and Municipal Services”, the types of electronic signatures, which can be used when seeking state services, and the procedures for their use are established by the Russian government.


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