8 April 2011 saw the entry into force of Federal Law No. 63-FZ “On electronic signatures” dated 6 April 2011
Scope of the law
The Law governs relationships involving the use of electronic signatures in completing civil law transactions, rendering state and municipal services, and performing state and municipal functions as well as when other legally significant actions are performed (article 1 of the Law).
Concept and types of electronic signature
An electronic signature should be understood as referring to information in electronic form which is joined to other information in electronic form (the “information being signed off”) or connected in another way with such information and which is used to determine the person who is signing off the information (clause 1, article 2 of the Law).
The types of electronic signatures are the simple electronic signature and the reinforced electronic signature. A distinction is made between a reinforced unqualified electronic signature (an “unqualified electronic signature”) and a reinforced qualified electronic signature (a “qualified electronic signature”).
A simple electronic signature is an electronic signature which, by using codes, passwords or other means, confirms the fact that a specific person has created an electronic signature.
An unqualified electronic signature is an electronic signature obtained as a result of the cryptographic transformation of information using an electronic signature key, allowing a person who has signed an electronic document to be identified. It also allows for it to be revealed that an electronic document has been amended after being signed. It is created using means of electronic signature.
A qualified electronic signature is an electronic signature which conforms to all features of an unqualified electronic signature but, in addition, also has the following features: the electronic signature checking key is indicated in a qualified certificate, with means of electronic signature confirmed as complying with the Law’s requirements used to create and check the electronic signature.
Purpose of adopting the Law
It is important to note that the Law was enacted with a view to eliminating the defects of Federal Law No. 1-FZ “On electronic digital signatures” dated 10 January 2002. These defects prevented a legal framework fr om being created in which electronic digital signatures could be widely used in Russia [1].
In particular, the defects include the fact that, contrary to global practice, the Federal Law “On electronic digital signatures” permits the use of one sole electronic digital signature technology (which is based on “asymmetric signature key technology”), makes it necessary to have a single, hierarchical system of certification centres and makes it compulsory to apply certified means of electronic digital signature.
The provisions of the Federal Law “On electronic digital signatures” do not correspond to the fundamental principles implemented in foreign legislation and international law to govern electronic signatures, such as: the “technological neutrality” of legislation; legal recognition of different types of electronic signature; free use of means of electronic signatures; and the accreditation of certification centres.
Moreover, the Federal Law “On electronic digital signatures” governs a limited area, since it excludes relations involving other types of electronic signature and relationships outside civil law transactions. Also, legal entities were not previously permitted to use electronic digital signatures.
For its part, the Law contains provisions which directly aim to follow on from the Federal Law “On electronic digital signatures” and ensure that there is continuity in the legal regulation.
Firstly, the Law contains the concept of an electronic digital signature. And explicitly states that this is treated as a qualified electronic signature (clause 2, article 19 of the Law).
Secondly, the Law preserves the most actively used provision of the Federal Law “On electronic digital signatures” as currently in force. This allows an owner of a corporate information system to make a decision establishing the rules for using an electronic signature within that system, or for rules to be established by agreement of the parties to a business relationship (clause 1, article 3 of the Law).
Thirdly, the Law enacts a provision allowing signature key certificates to remain in force even if they were issued under the Federal Law “On electronic digital signatures” (clause 1, article 19 of the Law).
Adopting the Law will therefore allow the defects to be remedied and the gaps to be plugged in the legal regulation of electronic signatures, while retaining the existing practice for the use of electronic digital signatures.
The Law establishes no rules or procedure for using electronic signatures in specific types of relationships since this is the subject matter of the laws which actually govern those relationships (for example, using electronic signatures when civil law transactions are undertaken, when banking operations are carried out, when keeping accounting records etc.).
Parties to legal relationships governed by the Law
The Law establishes the rights and obligations for the parties in relationships wh ere electronic signatures are used:
• The authorised federal body is a federal executive authority which is authorised in the area of electronic signatures and which has been designated by the Russian Government. The Law establishes an exhaustive list of the authorised federal body’s powers, of which the main ones are accrediting certification centres, arranging for confirmation that electronic signature technology and the technical resources of certification centres comply with the requirements that have been established, and also performing the functions of the main (senior) certification centre in relation to accredited certification centres. This latter function allows it to use and to recognise on a mutual basis different electronic signature technologies, and this is additionally ensured by the authorised federal body having the function of confirming the form of the qualified certificate and other requirements for qualified certificates;
• A certification centre is a legal entity, a structural subdivision thereof or an individual entrepreneur which carries out activity creating and issuing signature key certificates. An accredited certification centre is defined as a certification centre which has received an accreditation and also a certification centre which is part of an accredited system of certification centres;
• The owner of a signature key certificate is an individual or legal entity issued with a signature key certificate.
[1] Under clause 2, article 20, the Federal Law “On electronic digital signatures” is repealed on 1 July 2012.
For further information, please contact:
in Moscow – Denis Bykov, Partner, Head of Dispute resolution and mediation practice, at: (495) 967-0007 or by e-mail; Roman Serb-Serbin, Associate, at: (495) 967-0007 or by e-mail
in St Petersburg - Sergey Spasennov, Partner, Head of St. Petersburg office, on tel.: (812) 333-07-17 or by e-mail