Legal regulation of document flow. Legal regulation of document flow. Which ones exactly?

The basis of legal electronic document management is an extensive array of regulations and methodological documents. The sources of legal regulation of activities with electronic documents are the Constitution of the Russian Federation, special laws in the field of information and informatization, and industry laws. Decrees of the President of the Russian Federation and Decrees of the Government of the Russian Federation, acts of ministries and departments, regulatory legal acts of the constituent entities of the Federation, as well as international regulatory acts.

Aspects of law regulating the use of electronic technologies in document flow belong to a special, intensively developing branch of modern law, the so-called information legislation.

The Constitution of the Russian Federation - the most important legislative act of the Russian Federation - is a kind of foundation for the legal regulation of information legal relations. Currently, the Constitution of the Russian Federation is a normative legal act of direct action. In our opinion, this increases its importance and role in regulating office work and document flow.

When using information and documentation technologies, it is necessary to take into account a number of norms and provisions of the Basic Law of the Russian Federation. In particular, according to Art. 71 of the Constitution, information and communications are under the jurisdiction of the Russian Federation. Freedom of the media is guaranteed. Everyone has the right to freely seek, receive, transmit, produce and disseminate information in any legal way (Article 29). However, the collection, storage, use and dissemination of information about a person’s private life without his consent is not permitted. State authorities and local self-government bodies, their officials are obliged to provide everyone with the opportunity to familiarize themselves with documents and materials that directly affect their rights and freedoms, unless otherwise provided by law (Article 24).

Actions with electronic documents are also covered in regulatory legal acts devoted to certain areas of legal regulation: civil, administrative, criminal, criminal procedure, labor, tax and other legislation of the Russian Federation. For example, the Civil Code of Russia recognizes the fundamental possibility of using electronic documents and electronic digital signatures in civil law relations. According to the Civil Code, information is an object of civil rights, and electronic documents can establish civil rights and obligations. Thus, Article 160 of the Civil Code provides for the possibility of concluding transactions in electronic form.

The Criminal Code of the Russian Federation provides for liability for crimes in the field of computer information: unlawful access to information; creation, use and distribution of malicious computer programs; violation of the rules for operating computers, computer systems or their networks. It also establishes penalties for the destruction of documents of historical or cultural value.

The Federal Law “On Information, Informatization and Protection of Information” is the main, fundamental legislative act in the structure of information law, which regulates relations arising during: “the exercise of the right to search, receive, transmit, produce and disseminate information; application of information technology; ensuring information security."

This Federal Law does not apply to relations arising during the legal protection of the results of intellectual activity and equivalent means of individualization.

This law contains definitions of the most important terms in the field of information and documentation support for management. When considering automated information systems (AIS), the definitions of the concepts “documented information” (this is “information recorded on a tangible medium by documenting with details that make it possible to identify such information or, in cases established by the legislation of the Russian Federation, its material medium”), “information” ( this is “information (messages, data) regardless of the form of their presentation”), “information system” (“the totality of information contained in databases and information technologies and technical means that ensure its processing”), “access to information” (“the ability to obtain information and the ability to use it”), “electronic message” (“information transmitted or received by a user of an information and telecommunications network”) and a number of others. The term “information” is defined in the law as “information (messages, data) regardless of the form of its presentation.”

The law establishes the legal regime for documenting information:

a) documentation of information is a mandatory condition for its inclusion in information resources, and the procedure for documenting information is normatively established by government bodies,

responsible for the organization of office work, standardization of documents and their arrays, security of the Russian Federation;

b) a document received from an automated information system acquires legal force after it is signed by an official in the manner determined by the legislation of Russia. The law also allows the use of an electronic digital signature to confirm the legal force of documents when working with information in electronic form;

For offenses when working with documented information of an organization, their officials must be held accountable in accordance with the legislation of Russia and its constituent entities.

Therefore, this law allows and regulates the use of legally significant documents in electronic form. In addition, the law establishes categories of information according to the level of access, defines the concept of “information about citizens (personal data)” (this is information about the facts, events and circumstances of a citizen’s life, allowing his or her identity to be identified), and regulates the legal regime of personal data. These provisions of the law also need to be taken into account when creating electronic document management systems.

The Federal Law “On participation in international information exchange” provides legal regulation of relations in the field of transferring information outside Russia and receiving it from outside. He defines the term “information processes” as “the processes of creating, collecting, processing, accumulating, storing, retrieving, distributing and consuming information.”

A promising technology, without which it is impossible to imagine modern office work, are databases. They form the basis of modern automated preschool educational systems. A number of the most important aspects of working with databases are regulated by the copyright institute. Thus, relations related to the creation, legal protection and use of databases, as a result of creative work on the selection and organization of data, are regulated by the Federal Law “On the Legal Protection of Programs for Electronic Computers and Databases,” which classifies databases as objects of copyright. and provides them with legal protection as collections. This law defines a database as “an objective form of presentation and organization of a set of data (for example, articles, calculations), systematized in such a way that this data can be found and processed using a computer.”

The organization of legally significant electronic document flow has become possible using electronic digital signature (EDS) technology. The basic legal acts regulating the initial principles of legal regulation of digital signatures are the Civil Code of the Russian Federation (Article 160), as well as the Federal Law “On Information, Information Technologies and Information Protection” (Article 11). So, as already stated above, Art. 160 of the Civil Code allows the use of digital signatures when making transactions. Accordingly, the federal law “On Information, Information Technologies and Information Protection” determines the legal force of an electronic document only after signing it with an electronic digital signature, and the legal force of an electronic digital signature is recognized if the automated information system contains software and hardware that ensures signature identification, and compliance with the established regime of their use. The right to certify the identity of an electronic digital signature is exercised on the basis of a license (Article 5).

The Federal Law “On Electronic Digital Signature” regulates the technology for affixing (the procedure for creating and using) that type of electronic signature that uses the method of asymmetric cryptography (public key) - electronic digital signature (EDS). It should be noted that the law applies only to documents generated during civil transactions.

The law defines digital signature as “a requisite of an electronic document intended to protect this electronic document from forgery, obtained as a result of cryptographic transformation of information using the private key of an electronic digital signature and allowing to identify the owner of the signature key certificate, as well as to establish the absence of distortion of information in the electronic document."

The law discloses the conditions for using digital signatures. An electronic signature in an electronic document is equivalent to a handwritten signature in a paper document, subject to the following conditions:

• 1. The signature key certificate related to this electronic digital signature has not lost force (is valid) at the time of verification or at the time of signing the electronic document if there is evidence determining the moment of signing;
• 2. The authenticity of the electronic digital signature in the electronic document has been confirmed;
• 3. An electronic digital signature is used in accordance with the information specified in the signature key certificate.

The concept of a signature key certificate is of great importance in the procedure for confirming the authenticity of an electronic digital signature. A signature key certificate is a document (traditional or electronic, certified by digital signature) that includes the public key of an electronic digital signature. The signature key certificate is issued by a special organization - a certification center to participants in the exchange of information for electronic digital signature verification. The certificate contains all the information about the conditions for using the digital signature.

Development at the state level in the field of regulation of the use and sale of cryptographic means, including digital signature means, is determined by the requirement to use only means certified by authorized government bodies. The function of organizing the functioning of a network of electronic digital signature certification centers is assigned to the Federal Communications Agency. Of course, to solve many problems related to national security, it is necessary to have certain restrictions in the development, use and circulation of digital signature funds.

The Federal Law “On Archiving in the Russian Federation” states that the Archival Fund of the Russian Federation includes archival documents, regardless of the method of their creation, type of media, including electronic documents. This means that electronic documents are subject to organization, ordering and preservation within the time limits established by lists and other regulations on an equal basis with traditional ones. Therefore, all documents on media of any type that are in federal ownership, the property of a constituent entity of the Russian Federation or municipal property are subject to examination of the value of documents.

The area of ​​use of electronic document management is both the internal document flow of organizations of all forms of ownership, and the so-called “electronic government” - the document flow of state and municipal bodies among themselves, with citizens and business entities. The Federal Target Program “Electronic Russia for 2002-2010” is aimed at developing this area of ​​application of information technologies. The goals of the Electronic Russia program in the field of office management are the transfer of all documentation into electronic form, standardization of interdepartmental information exchange, as well as ensuring the rights to freely search, receive, transmit and use information. The program includes three stages.

The first stage of the program implementation (was designed for 2002) involves conducting an analysis of the regulatory framework in order to identify key problems that impede the widespread introduction of information and communication technologies (ICT), studying the level of informatization of the economy, analyzing the efficiency of spending budget funds allocated for informatization, conducting a full accounting of government information resources, analyzing foreign experience in implementing similar programs, studying the experience of working in the ICT field of various organizations. The second stage of the program implementation (calculated for 2003-2004) includes the implementation of specific projects and a set of activities based on research conducted on the implementation of ICT in organizations in the public sector of the economy. At this stage, the basis of a unified information and telecommunications infrastructure should be created for state authorities and local governments, budgetary and non-profit organizations, an electronic commerce system in the supply of products for federal government needs and for public connection points to publicly accessible information networks. At the third stage of the program implementation (calculated for 2005-2010), it is planned to massively disseminate information and communication technologies in all spheres of public activity, introduce standardized electronic document management and information security systems.

With great advantage, the issues of creating and using electronic documents are resolved by departments independently. There are regulations of federal authorities, especially interested in the accurate and rapid transfer of documented information, which stipulate possible cases of using electronic documents. These are acts of financial authorities, tax and customs services, etc. For example, the Ministry of Finance of the Russian Federation establishes requirements for the procedure for the submission of annual statistical reports on magnetic media by insurance (medical insurance) organizations.

EDS and electronic documentation are also used in other ministries: in the Ministry of Taxes and Duties - when creating its own guaranteed data transmission system, in the Ministry of Education - when organizing distance learning, etc. As a rule, all departmental regulations are based on the Federal Law “On Information” , information technologies and information protection.”

To summarize, we note that today the use of electronic documents is moving from elite use (at high-tech facilities, for special purposes, for the needs of the highest government apparatus) to the category of standard procedures for the interaction of economic objects. Further implementation of information technologies in Russia requires the development of the legislative framework for electronic document management. It is necessary to develop a regulatory framework for the use of electronic documents, find methods for solving problems of protecting electronic documents, and establish liability for violation of the rules governing electronic document flow.

It is also necessary to make appropriate changes to existing laws (Civil Code, Criminal Code, Code of Administrative Offenses) and relevant by-laws.

electronic document proof civil

First, you should analyze the legislation of the Russian Federation on this issue. We can say, unfortunately, that it is far from perfect, characterized by inconsistency and the absence of a unified approach to regulating this issue.

The main goal of the analysis of legislation is to develop a unified approach to defining the concept of ED, to identify the main problems facing the legislator and law enforcement, as well as the possibility of unifying norms within the country and at the international level.

Currently, in the theory of civil procedure, in current regulations, guidelines and PP of the Armed Forces of the Russian Federation, various terms are used to refer to information recorded on electronic media: electronic document, document prepared using electronic computers, “machine document” Muradyan E ., Machine document as evidence in civil proceedings, Soviet Justice, 1975, No. 22, p. 112..

Proceedings in cases in which electronic documents appear as evidence have not received proper regulation in procedural legislation and legal science.

One of the first legal acts defining the legal significance of an electronic document and defining the concept of an electronic document was the Instructions of the USSR State Arbitration Court dated June 29, 1979 “On the use of documents prepared with the help of electronic computer technology as evidence in arbitration cases” , where it is stated that “the parties to arbitration cases, in support of their claims and objections, have the right to submit to arbitration documents prepared using electronic computer technology. These documents, since they contain data on circumstances relevant to the case, should be accepted by the arbitration bodies on a general basis as written evidence. When accepting documents prepared with the help of electronic computer technology, their examination and evaluation, one should be guided by the Rules for the consideration of economic disputes. The parties may submit to the arbitration any copy of a document prepared using electronic computer technology. If an original document is required to resolve a dispute, the first copy must be submitted to the arbitration tribunal.” Instructions of the State Arbitration Court of the USSR “On the use as evidence in arbitration cases of documents prepared using electronic computer technology” dated June 29, 1979.

It seems that this definition of an electronic document is too broad and vague: it includes all documents in the preparation of which electronic computing technology was used, even those in the preparation of which electronic computing technology was used, for example, only as a typewriter.

Following the State Arbitration of the USSR, similar evidence was recognized by the Supreme Court of the USSR. The PP of the USSR Supreme Court dated July 9, 1982 No. 7 “On the Judgment” states: “In support of the decision, the court, if necessary, has the right to refer to written evidence in the form of documents obtained using electronic computer technology. These documents are accepted as evidence provided they are properly executed in accordance with the established procedure.” Fast. Pl. Sun. USSR “On Judicial Decision” dated July 9, 1982 No. 7. It directly stipulates that electronic documents are classified as written evidence. The PP of the USSR Supreme Court dated April 3, 1987 No. 3 “On strict adherence to procedural legislation in the administration of justice in civil cases” provides a broader explanation: “If necessary, the court may accept as written evidence documents obtained using electronic computer technology . These materials are assessed in conjunction with other evidence.” PP VS. USSR “On strict adherence to procedural legislation in the administration of justice in civil cases” dated April 3, 1987 No. 3.

Around the same time, the State Standard of the USSR GOST 6.10.4-84 “Giving legal force to documents on computer media and typography created by “computer technology”” was released, which established requirements for the composition and content of the details that give legal force to documents on computer media and machine diagram created by computer technology, as well as the procedure for making changes to these documents.

Subsequently, the Supreme Arbitration Court of the Russian Federation assessed the evidence produced and signed using electronic computer technology, which used a digital (electronic) signature system. This was done in a letter from the Supreme Arbitration Court of the Russian Federation dated August 19, 1994 “On certain recommendations adopted at meetings on judicial arbitration practice.” As stated in the letter, “in the case where the parties have prepared and signed an agreement using electronic computing technology, which uses a digital (electronic) signature system, they can submit to the arbitration court evidence on a dispute arising from this agreement, also digitally certified (electronic) signature. At the same time, if a dispute arises between the parties about the existence of an agreement and other documents signed with a digital (electronic) signature, the arbitration court should request from the parties an extract from the agreement, which indicates the procedure for reconciling disagreements, which party bears the burden of proving those or other facts and authenticity of the signature. If such an agreement does not contain a procedure for reconciling disagreements and a procedure for proving the authenticity of the agreement and other documents, and one of the parties disputes the existence of a signed agreement and other documents, the arbitration court has the right not to accept documents signed with a digital (electronic) signature as evidence.” Letter of the Supreme Arbitration Court of the Russian Federation “On certain recommendations adopted at meetings on judicial arbitration practice” dated August 19, 1994. However, the recommendations made in this letter raise more questions than clarity.

The new Code of Civil Procedure has expanded the list of means of evidence and added such means as audio and video recordings. “Their allocation into a separate group of evidence may be due to the specifics of the study, establishing the reliability of the information contained in them.” Reshetnikova I.V. Unification of evidence is an inevitable process, LAWYER, N 47, November 2003, p-31. It seems that this was also dictated by established practice, the increasingly frequent use of this evidence in the process, and since this was not enshrined in legislation, this made it difficult to use it in the process. Of course, this is a progressive step on the part of the legislator. However, despite this, the question of whether ED is a means of proof still remains unresolved. The Code of Civil Procedure classifies them as written evidence.

P. Zaitsev, A. Vershinin oppose the identification of ED as an independent means of proving audio and video recordings. They believe that “this will inevitably entail the problem of distinguishing between certain types of evidence (in this case, written), since these concepts are completely covered by the concept of “other documents” used in determining written evidence.” Zaitsev P. Electronic document as a source of evidence, Russian Justice 2001, No. 5, p. 43.

This position seems unfounded for the following reasons: if we assume that audio and video recordings, ED are other documents used in determining written evidence, as was previously enshrined in the Code of Civil Procedure of 1964, then these means should have been used in quality of evidence. These types of evidence were used extremely rarely and with great caution. In each such case, the judge had a question about the possibility of using them in the trial. It follows that audio and video recordings were not legally independent evidence. At the moment they have been allocated to a separate group of means of proof, but have not been allocated, still ED.

According to P. Zaitsev, ED should be classified as audio and video recordings. This position seems incorrect, due to the fact that these are completely different concepts. An audio recording is a recording on a magnetic medium (it can be a cassette, a disk), a video is also a recording on a magnetic medium, only here more information is captured, along with music, voices, people’s conversations, there are some events, separately filmed things and etc. Recording is assumed to be possible from a video camera, voice recorder, tape recorder.

An electronic document is, as a rule, information recorded from a computer on a floppy disk, or it can also be information contained on a hard drive (hard drive or computer memory), which cannot be transferred to a regular disk or floppy disk. An electronic document can be an email that is sent from another computer.

The Code of Criminal Procedure of the Russian Federation also does not consider an electronic document as independent evidence in the process, but in paragraph 6, part 2. Article 74 of the Code of Criminal Procedure states “that other documents are allowed as evidence.” Code of Criminal Procedure of the Russian Federation 5.12.01 It follows that here the list of evidence is open and therefore we can include ED as other documents. The Code of Civil Procedure of the Russian Federation contains an exhaustive list of evidence. The following evidence is listed in Part 1 of Article 55: “explanations of the parties and third parties, testimony of witnesses, written and material evidence, audio and video recordings, expert opinions.” Code of Civil Procedure of the Russian Federation 11/14/02 The electronic document is not designated, but there is no prohibition on its use. However, Article 71 of the Code of Civil Procedure states that “written evidence in a case is information containing information about circumstances relevant to the consideration and resolution of the case, acts, contracts, certificates, business correspondence, other documents and materials made in the form of a digital, graphic record, including those received via fax and electronic communication.” It follows that the Code of Civil Procedure provides for the possibility of using electronic documents, but it classifies them as written evidence, and this is not true based on the essence of the electronic document itself.

In the Arbitration Procedure Code of the Russian Federation, as well as in the Code of Criminal Procedure of the Russian Federation, in addition to the main means of proof, Article 64 states that “evidence in the case is other documents and materials,” i.e. Here we can include an electronic document among other documents. Also, paragraph 3 of Article 75 of the APC establishes “that documents received by fax, electronic and other communications, as well as documents signed with an electronic digital signature or another analogue of a handwritten signature, are allowed as written evidence in the cases and in the manner established by federal law, other regulatory legal act or agreement.” Arbitration Procedure Code of the Russian Federation dated July 24, 2002. Here again, ED is not highlighted as an independent source of evidence. It is equivalent to written evidence, but there is a direct indication of the possibility of its use in the process.

According to the Federal Law of the Russian Federation dated February 20, 1995. “On information, informatization and protection of information”, as well as the Federal Law of the Russian Federation dated July 4, 1996 “On participation in international information exchange”, the document is “information recorded on a tangible medium with details that allow it to be identified.” An ED that satisfies the above conditions will be a “document” in the context of current regulatory legal acts and will be subject to the entire range of civil legislation, except for expressly indicated cases.

In the Federal Law of the Russian Federation “On Electronic Digital Signatures” (“On EDS”) dated January 10, 2002. a definition of ED is given, according to which it is a document in which information is presented in electronic digital form. To date, this is the only law that regulates in detail the institution of digital signature and digital signature.

This law is fragmented and contradictory. The fact is that the definition of ED recorded in it, as well as a number of other definitions, do not provide an unambiguous term “document” that does not require comments and explanations, especially ED. On the one hand, one can positively assess the intention of the Russian legislator to reflect in a special law the main provisions related to the use of digital signatures. Its significance lies in the fact that it legalized electronic document management. This has made it possible to increase the speed and efficiency of interaction between entities that were previously forced to use paper schemes, as well as the stability of the relationship between the parties in transactions using digital signatures; now the owner of the digital signature does not have the right to refuse the transaction on the grounds that he did not sign the disputed document.

On the other hand, this law raises a number of questions: to what extent is the domestic law comparable to similar laws in force in foreign countries; whether the law has eliminated the main obstacles that prevented ED from being considered as a full-fledged basis for the emergence of a legal relationship; do the provisions of the law comply with the general norms of civil legislation on persons, transactions, obligations, contracts; whether the technological and legal requirements for electronic signatures comply with procedural rules on evidence and means of proof; finally, has the Law created a clear and precise legal mechanism through which it has become easier for persons using digital signatures to protect their rights and legitimate interests in court?

In addition, this law has significant shortcomings. Among them, experts include the following:

1. Inconsistency with the principles of international law used in the legal regulation of electronic signatures.

“First of all, it should be pointed out that the Russian law does not reproduce the approach of foreign legislation and international law to the regulation of digital signatures. Thus, the law focused exclusively on digital signature technology, which is based on the ideology of asymmetric encryption (Article 3). Further, the Law does not regulate relations arising when using other analogues of a handwritten signature. Meanwhile, the generally accepted approach in the world community is the so-called “technological neutrality” of legislation. The legal recognition of any electronic analogues of a handwritten signature and the legal force of the latter are not limited depending on the technology used. Electronic signatures must only comply with the requirements of applicable law. In this regard, it should be noted that the civil legislation of the Russian Federation more fully complies with the approach accepted in world practice, since it extends the definition of an electronic signature to the symbols, codes, passwords, etc. associated with the message, which are not the actual digital signature. They may be considered a signature if used by the parties by agreement and with the express intention of authenticating what is written.” Solovyanenko N. Legal regulation of electronic commerce and electronic signature (international experience and Russian practice), Economy and Law, 2003, No. 3, p. 43.

In addition, recognition of EDS in foreign and international law is not associated with obtaining a license to conduct activities for issuing EDS key certificates. Russian law, in contrast to the corresponding foreign legislative acts, is built on the principles of licensing the activities of a certification center. Modern world practice is characterized by the rejection of compulsory licensing of the activities of certification centers and the recognition of exclusively voluntary certification of digital signature means.

2. Limited scope of regulation of the Law, the need to issue additional regulatory legal acts.

“It seems that the Russian law has not fulfilled its main task - the fundamental recognition of an electronic signature as an analogue of a handwritten signature for broader legal actions than provided for in the Civil Code of the Russian Federation, which recognizes an electronic signature as an analogue of a handwritten signature only in connection with the conclusion of transactions. As you know, the categories of legal documents in which digital signatures can be used are much more diverse. The question of the legality and validity of such electronic documents remains open, since paragraph 2 of Article 1 of the law extends its effect only to relations arising during civil transactions. Other cases must be provided for by the legislation of the Russian Federation.”

Thus, in order to legalize digital signatures in documents formalizing labor, administrative, tax and other relations that are not civil law, the relevant provisions enshrined in legislative acts are still necessary. Similar acts could have been adopted in the absence of the Federal Law “On Digital Signatures”, and in each specific case the situation could have been regulated more accurately and better than in conditions when an “abstract” framework law was in force.

3. Significant complexity of legal relations and an increase in legal risks in electronic commerce.

The law provides for mandatory conditions (Article 4), subject to the simultaneous observance of which, an electronic signature in an electronic document is considered legally equivalent to a handwritten signature in a paper document.” Solovyanenko N. Legal regulation of electronic commerce and electronic signature (international experience and Russian practice), Economy and Law, 2003, No. 3, p. 43.

“Thus, the law has established a strict relationship, according to which the legality and validity of the signature depends on the lawful use of the document as an EDS key certificate. The EDS key certificate, in turn, has legal force only subject to the lawful actions of the certification center. A signature key certificate is issued by a certification center to a participant in the information system to confirm the authenticity and identification of the owner of the signature key certificate (Article 3).” Ananko A., Internationalization of legal regulation of the use of electronic signatures, This e-mail address is being protected from spambots. To see it, you must have Java-Script enabled, http://www.russianlaw.net/law/doc/a124.htm.

This dependence indicates that the law did not simplify at all, but, on the contrary, complicated the legal relations arising in civil circulation in connection with the use of digital signatures, and thereby increased the legal risks of the participants. Most of these risks are associated with the fact that the law forcibly introduces a new entity into the number of participants in civil circulation - a certification center (Article 9).” Solovyanenko N. Legal regulation of electronic commerce and electronic signature (international experience and Russian practice), Economy and Law, 2003, No. 3, p. 43.

If the center fails to fulfill any of the obligations listed in the law or performs it improperly, the transaction between individuals or legal entities may be declared invalid due to the invalidity of the digital signature.

4. It would be advisable to adopt this law in a package with other laws - “On Electronic Commerce” and “On Electronic Documents”. This is all the more obvious if we consider that the adopted Law “On EDS” is based on the concept of an electronic document,” one of the details of which is an EDS.

During the preparation and discussion of the Federal Law “On EDS” in the community of specialists involved in this topic, there was an assumption that it would be followed by the development and adoption of the Law “On Electronic Documents”, which would define the rules for ensuring the legal force of an electronic document. Currently, several bills are at various stages of development in the State Duma of the Russian Federation, the purpose of which is to ensure legal relations in those areas of activity where the exchange of “electronic documents” is actively developing. In connection with the development of new laws, additions and changes to the current law “On Information, Informatization and Information Protection” are proposed.

• 5. “The law is based on the concept of cryptography to protect information and does not support other methods of protection: card and PIN code signatures, identification by voice, iris, fingerprints, etc.” Osokina G.L., Textbook “Civil Procedure”, General Part, M., 2003, p.634.
• 6. “In accordance with the Federal Law “On EDS”, a signature key certificate can only be issued to individuals (a person who has an electronic digital signature is referred to in Russian law as the “owner of the signature key certificate”). This raises some technical questions about the dependence of the organization’s work on one person responsible for the digital signature, who may be temporarily absent, resign, etc., and therefore, delays in the work of the entire organization are possible. Several certificates may be issued to one individual. International standards also include legal entities as certificate holders, which is more appropriate, especially in the operation of network-type commercial structures.” Osokina G.L., Textbook “Civil Procedure”, General Part, M., 2003, p.634.

The shortcomings noted above are still not able to erase the positive content of the Law as a whole and its enormous importance for judicial practice. Despite the existing shortcomings, the significance of the Federal Law “On EDS” is obvious. Further development of electronic document management and electronic commerce without such an act is no longer possible. At the same time, this law has made the procedure for using electronic digital signatures so complicated that there has been a slight decline in activity in this area, but I would like to express the hope that the emerging legal framework will facilitate the use of digital signatures both in civil electronic document management and in relations with state and municipal authorities. authorities.

Problems of legal regulation of relations associated with e-commerce, and therefore with the use of electronic documents, are associated with regulation of the use of technology. Law-making and law enforcement bodies decide how reliable a particular method of document flow is, how likely it is that the will of a party in an electronic document will be distorted, who has the right to decide in each specific case the issue of authenticity and on the basis of what criteria. But they cannot decide, for example, how the algorithm for embedding digital signatures into the body of a document should be written, since this depends mainly on the performance of computer equipment.

Society has made the most progress in the issue of unifying the legislative regulation of relations in computer networks (in particular, digital signature and the use of digital signatures) through work in international organizations.

In the UN system, work on the legal regulation of relations in the field of electronic document management was mainly concentrated in the Commission on International Trade Law - UNCITRAL. Two model laws have been developed here: on electronic commerce (MLEC, 1996) and on electronic signatures (MLES, 2000).

The European Community has become another international center for the development of basic rules for regulating electronic document management. Work also took place in two areas - e-commerce itself and electronic signatures. The Directive on electronic signatures was developed and adopted, the main proposals and the draft Directive on electronic commerce in the internal market were developed. Due to the complex legislative process in the Community, these directives are not yet actually applied in full force, but the legislation of the EU member states is already oriented towards them. All these acts must be incorporated into national legislation. Relevant legislative work is currently underway in many countries; in some, for example, in the United Kingdom, Germany, the USA, and Canada, there is already a fairly large array of standards in this area. In the Russian Federation, two bills on transactions carried out using electronic means (electronic transactions) and a bill on the provision of electronic financial services have been submitted to the State Duma.

When these bills were just beginning to be created, it was assumed that they should be similar at least in their basic approaches. The similarity of these acts should be predetermined by the universality of the tasks being solved and the presence of model international laws. They should have turned out to be similar, since the common legal space that is nevertheless emerging on the Internet and other computer networks should be based on a common or at least identical legal framework in order to eliminate inequality of rights of subjects of legal relations. But they still turned out to be different, although some details in them coincide.

The above acts should be considered, first of all, two UNCITRAL model laws should be considered. Both the Electronic Commerce Act 1996 and the Electronic Signatures Act 2000 focus on giving legal status to electronic documents. Legal barriers to the use of electronic agreements are being removed, and the “monopoly of paper documents” is being abolished.

“Article 2 of the Law “On Electronic Commerce” uses the term “Datamessage”, which can be translated as an information message. An electronic document is defined as information generated, sent, received, or stored by electronic means, including, but not limited to, electronic data interchange, email, telex, or telefax. At the same time, the concept of electronic data interchange is revealed as the electronic transfer of information from computer to computer in accordance with agreed standards for the structure of information. Thus, an electronic document in the sense of this law means information in a form suitable for storage and transmission using electronic means of communication.” UNCITRAL Law on Electronic Commerce, http://www.unictral.org/english/documents/.

With this definition, the content of the concept “information message”, which is a type of electronic document, also includes any information, which is reasonable.

DEK EEC (Directive on Electronic Commerce) establishes a general framework for the development of electronic commerce. "St. Article 9 of the Directive requires states to give legal effect to contracts in electronic form, to eliminate the creation of barriers to their use and prohibits the denial of their legal effect solely on the basis of electronic form. The obligations and benefits arising from the EEC are only valid within the EU.” Directive 1999/93/EC of the European Parliament and of the council of 13 December 1999 on a Community framework for electronic signatures, adopted and dated 13 December 1999. See http://rechten.kub.nl/simone/Eu-sig .htm.

The EEC DEP is more detailed and establishes the basis for the legal recognition of electronic signatures and requirements for member states in the field of their certification.

Now we can try to analyze how the provisions of the two Directives are perceived by the legislation of the EU member states, in order to predict the possibility of creating uniform rules for the circulation of electronic documents within the EU and choosing a direction for improving Russian legislation in this area. The need to unify Russian and international legislation is no longer in doubt.

The German approach to giving legal force to contracts in electronic form in terms of requiring a handwritten signature is to build a strict regime. Germany is currently in the process of regulating the use of public/private key cryptography, which includes technical requirements for certifying bodies to fully comply with the law in order to be allowed to operate. The main emphasis of the law is on creating a digital signature infrastructure, rather than on recognizing the legal validity of contracts in electronic format.

Since the official recognition of the legal force of electronic documents equal to paper ones is not guaranteed by law, as is done in the DEC, problems arise in the harmonization of legislation. The lack of official legislative recognition of electronic documents leads to the need for additional commentary regarding the transactions covered. Currently, there are a large number of legal requirements that electronic or digital signatures do not satisfy. Thus, the definition of transactions concluded electronically requires an analysis of the legislation and, as a result, an increase in the cost of the transaction.

The German government has developed additional acts for further integration with the EEC DEP: the German proposal on the basis of the Digital Signatures Act of 16 August 2000, adopted by the Bundesrat on 9 March 2001 and entered into force on 21 May 2001 (Signaturgesetz - SigG).

The new and improved SigG has softened Germany's position on electronic signatures to a certain extent, but has not achieved the goal of creating effective legislation regarding the legal recognition of contracts in electronic form.

“On March 13, 2000, the French government passed a law amending Chapter VI of the Civil Code, which mainly concerned the form and evidentiary value of contracts. The main emphasis of the changes made is aimed at creating general rules that make it possible to equalize the legal force of electronic documents and signatures with a handwritten form in all areas of legal relations.

For greater certainty, Article 1316-1 defines the conditions for the admissibility of evidence in electronic form: the person from whom the data originates can be determined with reasonable certainty and the method of its creation guarantees its integrity. Compliance with the principle of functional equivalence is much more liberal than in German law, where only a certain type of electronic signature is recognized as legally valid. Article 1316-2 states that in the event of discrepancies between the electronic and paper copies, the court determines which of them has greater evidentiary value, based on a careful examination of all the circumstances and on an unbiased attitude to the medium used. This chapter of the Civil Code guarantees that electronic documents have legal force and it is possible to assess their reliability by the court without resorting to the technological nature of the document itself and the electronic signature associated with it.” Dutov M., Comparative analysis of European legislation in the field of electronic document management, Entrepreneurship, State and Law, 2002 No. 8, pp. 25-28.

Thus, it can be said that the French position is even more liberal than the provisions of the EDT, since it provides electronic documents with the same level of recognition of their legal force without being tied to specific technological means.

In England, implementation of the two EU Directives began with the Electronic Communications Act, which received Royal Assent on 25 May 2000. Situated roughly between the legislative initiatives of France and Germany, the Act proposes to expand the scope of legislative recognition of electronic signatures that meet certain general criteria and the criterion of functional equivalence. The act simply created a guarantee that documents signed electronically would be admissible in court.

Based on the above analysis, we should return to the problem indicated at the beginning - the construction of uniform rules regarding electronic document management. Despite the attempts made, the legislation turned out to be different in different countries. There are several reasons for this.

Firstly, the difference in national legal traditions and legal systems. Common law countries, such as the United Kingdom, tend to limit government intervention in private affairs. Accordingly, electronic document management should not be subject to strict regulation. Germany is characterized by a state approach to the regulation of many areas of activity, as a result of which electronic document management has come under strict state control.

Secondly, electronic document management is a very new problem. Practice has not yet been developed, problems and their solutions have not been analyzed. In the future, apparently, there will be a development of a unified approach, for example, through strict judicial practice in the UK and essentially dispositive by-laws and international treaties.

Thirdly, different states have taken different approaches to the problem of using electronic document management. For example, in Germany they decided that electronic document management, and in particular electronic signatures, is an independent field of activity in the field of telecommunications (along with television broadcasting and the provision of Internet access), and, therefore, should be placed under strict state control. In France, on the contrary, there is a much freer approach to the regulation of electronic document management, which is manifested in giving the parties the freedom to choose electronic document management technology when carrying out business and other types of activities - an electronic document and an electronic signature are enshrined in the norms of the Civil Code.

Who should you focus on when creating the legal framework for electronic document management? It seems that the most appropriate is the experience of Germany - reasonable government intervention in the activities of participants in electronic document management. This is explained by the fact that legal relations regarding the use of electronic documents arose relatively recently; no country yet has effective legislation in this area, and therefore it seems unreasonable to let the process of constructing such norms take its course. State control is simply necessary here, at least at the initial stage. In addition, it is necessary to take into account the economic situation and the level of development of the legal system in Russia, which differ significantly from those existing in other countries, and therefore simple copying without taking into account the national specifics of foreign legislation (which is quite liberal, for example, in France) can turn out very negative consequences.

In Russia, issues related to the legislative recognition of an electronic document as independent evidence in civil proceedings have not yet been resolved. Issues related to the legal status of ED should be regulated in more detail. Highlight ED as an independent means of proof.

It seems that based on the above, a number of the following important conclusions can be drawn:

• 1) An electronic document should be understood as a document created using electronic hardware, hardware (computers) and software, recorded in a digital code in the form of an identifiable named file(s) or a record in a database file(s), available for subsequent processing in information systems, use, reproduction (display) and visual perception, as well as for transmission and reception via telecommunications.
• 2) Currently, the legislation does not regulate all relations arising as a result of the use of electronic documents in civil proceedings. Firstly, there is no direct confirmation of ED as independent evidence in civil proceedings. Secondly, the legislation does not comply with the principles and norms of international law. To eliminate these shortcomings, appropriate laws should be adopted (“On electronic document”, “On electronic commerce”, etc.). In the future, make appropriate amendments to the current legislation, for example, to the Code of Civil Procedure, along with such means of proof as written and material evidence, provide for and separately secure the ED. The Federal Law “On Digital Signature” eliminates the above-mentioned shortcomings and brings it into conformity with the principles and norms of international law.
• 3) ED is not used as evidence in civil proceedings, and if it is included in the case, this happens extremely rarely. The importance of ED as a means of proof in civil proceedings lies in the fact that for some categories of cases ED is the only evidence.

The Law “On Electronic Digital Signature” is the basis for the evidentiary value of a digital signature. The evidentiary power of electronic documents is based on fixing the language of their reading or, in other words, the mechanism for identifying the numbers - zeros and ones that form the document. Agreements on the organization of electronic document management sometimes contain a list of electronic documents and their structure, which allows protecting the parties from the possibility of a dangerous diversity of universal meaning and content extracted from an electronic document (“sometimes”, since often the language for identifying electronic documents in contractual relations is not regulated). Both the presence and fulfillment of all conditions, as mentioned above, of FAPSI licenses do not sufficiently protect against risks.

Many telecommunications companies offer “electronic document management” services, meaning only secure information exchange in this phrase. Giving files a legal status equivalent to paper documents is a separate task, the solution of which has not yet been put on a reliable basis of government regulation.

Perhaps there are other ways to solve the problem. In the meantime, in the absence of any rules, norms and requirements, the situation of unencumbered chaos in this matter gives rise to additional risks, which are a fundamental brake on the development of technology.

These are, today, the origins of the problem raised. It will take several years to develop an appropriate practice. It seems that the regulatory tools that the current legislation contains are quite sufficient to begin its formation.

Veshkurtseva Zoya, lawyer.

Recently, changes have been made to the current legislative acts related to the legal regime of electronic documents. Let's look at some of them.

Federal Law dated July 27, 2010 N 228-FZ (as amended by Federal Law dated July 11, 2011 N 200-FZ) introduced an additional paragraph to paragraph 1 of Article 41 of the Arbitration Procedure Code of the Russian Federation, which provided that persons participating in the case also has the right to submit documents to the arbitration court in electronic form, to fill out forms of documents posted on the official website of the arbitration court on the Internet, in the manner established within the limits of its powers by the Supreme Arbitration Court of the Russian Federation.

The above Procedure for filing electronic documents was approved by Order of the Supreme Arbitration Court of the Russian Federation dated January 12, 2011 N 1 (as amended on April 26, 2011 N 42) and is called “Temporary procedure for filing documents with arbitration courts of the Russian Federation in electronic form” (hereinafter referred to as - Order).

Submission of documents by other means, including sending them by e-mail, as well as submission of documents that contain information constituting state secrets, is not regulated by this Procedure.

This Procedure also establishes a number of provisions regarding the procedure for transmitting to the court and receiving documents in electronic form by the court.

In particular, it states that persons participating in the case have the right to submit documents to the arbitration court in electronic form, fill out forms of documents posted on the official website of the arbitration court on the Internet, in the manner established within the limits of their powers by the Supreme Arbitration Court of the Russian Federation . To do this, these persons are registered in the “Electronic Guardian” system (document submission system), located on the official website of the Supreme Arbitration Court of the Russian Federation.

It is indicated that a person registered in the document submission system by creating his own account, which forms a “Personal Account”, is a user of the document submission system.

The Procedure sets out the technical requirements. Documents transmitted electronically must meet certain requirements: to be submitted to the arbitration court in electronic form, documents must be converted into electronic form using scanning tools. All documents must be scanned in Adobe PDF format in black and white or gray color, ensuring the preservation of all authentic signs of authenticity (quality - at least 200 dpi), namely: graphic signature of the person, seal, corner stamp of the form (if acceptable) , as well as the originating number and date of the application. The file size should not exceed 10 MB. Each individual document must be scanned and uploaded to the document filing system as a separate file. The number of files must correspond to the number of documents submitted to the court, and the names of the files must allow identification of the document and the number of pages in the document (for example, invoice 245 dated 03/02/2009 3 l.pdf).

When sending a copy of the settlement agreement through the document submission system, the user also uploads it in text format Microsoft Word, OpenOffice (*.doc, *.docx, *.odt, *.rtf, *.txt), etc.

It should be noted that Article 75 of the Arbitration Procedural Code of the Russian Federation, concerning written evidence, was supplemented by Part 3 as amended by Federal Laws dated 04/06/2011 N 65-FZ, dated 07/11/2011 N 200-FZ, where it is established that documents received through facsimile, electronic or other communications, including using the information and telecommunications network Internet, as well as documents signed with an electronic signature or other analogue of a handwritten signature, are allowed as written evidence in cases and in the manner established by this Code and other federal laws , other regulatory legal acts or agreements or determined within the limits of its powers by the Supreme Arbitration Court of the Russian Federation. If copies of documents are submitted to the arbitration court in electronic form, the court may require the presentation of the originals of these documents.

Due to the fact that the Code allowed the submission of documents to the court in electronic form, articles concerning the submission of various documents to the arbitration court in electronic form were also supplemented, in particular articles 126, 131, 159, 237, 242, 260, 262, 277, 279, 294, 297, 313 of the Arbitration Procedural Code of the Russian Federation.

It should be noted that the procedure in which documents signed with an electronic signature are accepted is practically not yet applied.

In any case, from the practice of conducting cases in arbitration courts, it follows that the courts check the availability of original documents and the powers of the persons who signed the documents. Therefore, a “simple click of a button” if documents are sent electronically by mistake or by an unauthorized person should not fatally affect the rights of persons participating in the arbitration process.

Among the practical steps towards introducing the exchange of electronic documents in judicial practice, one can highlight the fact that at the moment there is an electronic system for searching information about court cases and an archive of judicial acts adopted by courts on the websites of arbitration courts. Electronic exchange of documents can be established between courts and persons participating in the case or being participants in the arbitration process, for which appropriate agreements on electronic exchange have been developed and are in force.

Also, the courts began to use a more lenient procedure for accepting documents, in particular by fax and e-mail, whereas previously each application had to either be brought in the original to the court or sent by mail.

There is a system for submitting documents to arbitration courts in electronic form (website: http://my.arbitr.ru).

On the website of the Supreme Arbitration Court of the Russian Federation (http://www.arbitr.ru), a section “Electronic Justice” has been created, in which in the future there will be links to the electronic justice portal, the use of which will allow the exchange of documents between arbitration courts in electronic form, receiving information about the progress of cases in real time and gain access to other functions of electronic document management. Also, at the moment, the above-mentioned website reports on the introduction of special resources “Mobile File Index”, “Presidium Online”, “Card Index of Arbitration Cases”, etc.

Thus, the first steps, both legislatively and practically, in the system of arbitration courts on the issue of introducing electronic document management have already been taken. However, the issue of electronic signature has not found proper theoretical and practical application.

It is also worth touching on the changes on the issue under consideration made to the Civil Procedure Code of the Russian Federation and the Code of the Russian Federation on Administrative Offenses.

As for the Civil Procedure Code of the Russian Federation, it can be noted that at the moment progress has not yet touched it.

The only thing that the Code has on this issue is the allowance for electronic communication for the transmission of documents. And that is very vague and non-specific. Thus, Part 1 of Article 71 of the Civil Procedure Code of the Russian Federation (written evidence) stipulates that written evidence includes information about circumstances relevant to the consideration and resolution of the case, acts, contracts, certificates, business correspondence, other documents and materials executed in in the form of a digital, graphic record, including those received via fax, electronic or other communication, or in any other way that allows the authenticity of the document to be established.

From the practice of courts of general jurisdiction and magistrates’ courts, it follows that technically they are not yet ready for the transition to electronic document management.

Among the working electronic resources on the website of the Supreme Court of the Russian Federation (http://www.vsrf.ru), one can note the Automated System of Judicial Records Management, a bank of court documents. The State Automated System of the Russian Federation "JUSTICE" is in operation.

The above resources are related to the provision of information and do not provide the ability to transmit and receive electronic documents.

As for the Code of the Russian Federation on Administrative Offences, it can be noted that it includes some new rules on the issue under consideration. However, for now they concern a very limited number of cases.

Article 29.10 of the Code states that in the cases provided for in Part 3 of Article 28.6 of the Code (imposition of an administrative penalty without drawing up a protocol), a resolution in the case of an administrative offense with the attachment of materials obtained using special technical means operating automatically, having the functions of photo and filming, video recording, or means of photography and filming, video recording, is drawn up in the form of an electronic document, the legal force of which is confirmed by an electronic digital signature in accordance with the legislation of the Russian Federation (Part 6 of Article 29.10 of the Code, introduced by Federal Law of July 23, 2010 N 175-FZ ).

A copy of the decision in the case of an administrative offense with the attachment of materials obtained using special technical means operating automatically, having the functions of photography, filming, video recording, or means of photography, filming, video recording, is prepared by converting an electronic document into a paper document (Part 7 of Article 29.10 of the Code, introduced by Federal Law dated July 23, 2010 N 175-FZ).

If the Arbitration Procedural Code of the Russian Federation and the Civil Procedural Code of the Russian Federation do not at all relate to the procedure for using a digital electronic signature, then the Code of the Russian Federation on Administrative Offenses, as we see, touches on this issue. However, only in relation to a document (namely a resolution in a case of an administrative offense) drawn up by the relevant bodies that have the right to consider cases of administrative offenses in the field of road traffic (i.e. internal affairs bodies (police)). At the same time, the issue of electronic document flow between participants in administrative paperwork has not yet been resolved.

It should be noted that the electronic digital signature is regulated by the Federal Law dated January 10, 2002 N 1-FZ "On Electronic Digital Signature", which becomes invalid as of July 1, 2012 due to the publication of the Federal Law dated April 6, 2011 N 63-FZ "On Electronic Signature" ".

The adopted Law N 63-FZ regulates relations in the field of the use of electronic signatures when making civil transactions, providing state and municipal services, performing state and municipal functions, and when performing other legally significant actions.

It must be borne in mind that changes related to the adoption of Federal Law N 63-FZ have not been made to the procedural codes. It is worth monitoring changes in legislation on this issue, since procedural issues and electronic document management concern a large number of persons.

The concept of “document flow” is clearly defined in the Regulations on Documents and Document Flow; this term should be understood as the creation or receipt of primary documents from other organizations, their acceptance for accounting, processing and transfer to the archive. In accordance with GOST R 51141-98, document flow represents the movement of documents in an organization from the moment of their creation or receipt until completion of execution or dispatch.

According to GOST R 51141-98, a document (documented information) is information recorded on a tangible medium with details that allow it to be identified. The material carrier of documentation can be any material object that can be used to record speech, visual or audio information. But for accounting purposes, the document must be on paper, otherwise it cannot be accepted for accounting. This norm is reflected in the Regulations on accounting and reporting Regulations on accounting "Accounting statements of an organization" (PBU 4/99) dated 07/06/99 (as amended by Orders of the Ministry of Finance of the Russian Federation dated 09/18/2006 N 115n, dated 11/08/2010 N 142n ).

Accordingly, the organization needs to make copies of documents or several copies of the same document, which are necessary for counterparties or regulatory authorities.

In accordance with PBU 4/99, financial statements reflect and present data on the results of the enterprise’s activities, its property status, the current amount of assets and liabilities.

The work of an accountant involves organizational and administrative documents because It is the financial service that generates, endorses and uses this category of documentation. The job responsibilities of the chief accountant usually include

• - organization of accounting in the organization, formation of the company’s accounting policy, control over the rational use of material, labor and financial resources;
• - forms a working chart of accounts based on the specifics of the organization’s activities, approves standard forms of documents used;
• - determines the procedure and timing of the inventory of the assets and liabilities of the enterprise;
• - bears responsibility for the organization of accounting and reporting in a division of the organization based on the centralization of accounting processes and the use of modern software products for automating accounting;
• - draws up reports based on data on the property and financial status of the enterprise;
• - generates reliable information about the movement and distribution of resources available to the enterprise;
• - carries out accounting of assets and liabilities, reflects changes in accounting accounts, generates the total amount of costs and prime costs;
• - calculates interest on loans and borrowings, keeps records of debt obligations;
• - keeps records in accordance with current legislation, controls the formation of the tax base and the calculation of taxes in the organization;
• - controls the procedure and completeness of salary calculation, its documentation;
• - prevents theft, damage, and irrational use of goods and materials, controls the legality of spending funds;
• - controls the formation and transfer, if necessary, of information on materials of initiated cases in judicial and investigative authorities;
• - interacts with credit institutions on the issue of placing free funds on deposits and purchasing securities;

All of the above functions include the process of creating management documentation involved in the document flow of the enterprise. The chief accountant is responsible for documenting all the facts of the organization’s economic life and must control the document flow process of the enterprise, in accordance with the job responsibilities of the structural units of the accounting service.

It should be taken into account that the current legislation imposes strict requirements for the preparation of organizational and administrative documents. This primarily concerns unified forms of organizational and administrative documentation, to which OKUD includes:

• 1) documentation on the creation of an organization, enterprise:
  • - rent contract;
  • - application for state registration;
  • - minutes of the general meeting of members of the cooperative on approval of the charter;
  • - application to financial authorities to open a current account;
  • - minutes of the general meeting (conference) of the enterprise’s workforce on the creation;
  • - order of the head of the territory administration on the provision of a land plot;
  • - charter;
  • - a letter about the production of a seal, stamp;
  • - order to establish an enterprise;
  • - constituent agreement, etc.;
• 2) documentation on the reorganization of an organization, enterprise:
  • - order on reorganization;
  • - minutes of the general meeting (conference) of the labor collective on the reorganization;
  • - decision of the board of directors (board) on reorganization;
• 3) documentation on the liquidation of an organization or enterprise:
  • - act of liquidation;
  • - order on liquidation and creation of a liquidation commission;
  • - decision of the board of directors (board) on liquidation;
  • - letter informing about liquidation;
  • - letter from the participant about withdrawal from the joint venture;
  • - minutes of the general meeting (conference) of the labor collective on liquidation;
• 4) documentation on the privatization of state and municipal organizations and enterprises:
  • - application for participation in the competition;
  • - minutes of the general meeting (conference) of the enterprise’s workforce;
  • - registration certificate;
• 5) documentation on the administrative activities of the organization, enterprise:
  • - resolution of the collegial body on issues of core activities;
  • - protocol of the collegial body on activities;
  • - instructions on issues of core activities;
  • - order on issues of core activities;
  • - order on the distribution of responsibilities between management;
• 6) documentation on organizational and regulatory regulation of the activities of an organization, enterprise:
  • - contract for the performance of work (provision of services);
  • - internal labor regulations;
  • - structure and staffing levels;
  • - staffing;
  • - job description;
  • - regulations on the structural unit;
• 7) documentation on operational and information regulation of the activities of an organization, enterprise:
  • - letter on core business issues;
  • - act on issues of core activities;
  • - information on basic and personnel activities;
• 8) documentation for employment:
  • - The order of acceptance to work;
  • - application for a job;
  • - contract of appointment to the position;
  • - minutes of the general meeting of the labor collective on hiring;
• 9) documentation for transfer to another job:
  • - application for transfer to another job;
  • - idea of ​​transfer to another job;
  • - order to transfer to another job;
• 10) documentation on dismissal from work:
  • - dismissal order;
  • - letter of resignation;
  • - minutes of the general meeting of the labor collective on dismissal;
• 11) documentation for registration of vacations:
  • - vacation schedule;
  • - application for leave;
  • - order to grant leave;
• 12) documentation for registration of incentives:
  • - idea of ​​encouragement;
  • - order of encouragement;
  • - minutes of the general meeting of the labor collective on promotion;
• 13) documentation for registration of disciplinary sanctions:
  • - a report on violation of labor discipline;
  • - order to impose a disciplinary sanction;
  • - explanatory note about violation of labor discipline;
  • - minutes of the general meeting of the labor collective on the imposition of disciplinary sanctions.

GOST R 6.30-97 imposes certain requirements for the preparation of documents.

When generating management documentation, the following mandatory details are used:

• 01 - State Emblem of the Russian Federation;
• 02 - Coat of arms of a constituent entity of the Russian Federation;
• 03 - emblem of the organization or trademark (service mark);
• 04 - organization code;
• 05 - document form code;
• 06 - name of the organization;
• 07 - reference information about the organization;
• 08 - name of the document type;
• 09 - document date;
• 10 - registration number of the document;
• 11 - link to the registration number and date of the document;
• 12 - place of compilation or publication of the document;
• 13 - stamp restricting access to the document;
• 14 - addressee;
• 15 - document approval stamp;
• 16 - resolution;
• 17 - title to the text;
• 18 - control mark;
• 19 - text of the document;
• 20 - mark about the presence of the application;
• 21 - signature;
• 22 - document approval stamp;
• 23 - visa document approval;
• 24 - print;
• 25 - mark on certification of the copy;
• 26 - mark about the performer;
• 27 - a note on the execution of the document and its sending to the file;
• 28 - mark on receipt of the document by the organization;
• 29 - identifier of the electronic copy of the document.

The State Emblem of the Russian Federation is placed on document forms in accordance with the Regulations on the State Emblem of the Russian Federation, which states that this detail can only be placed on forms of federal laws, decrees and orders of the President of the Russian Federation, resolutions and orders of the Government of the Russian Federation, decisions of the Constitutional Court of the Russian Federation , the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation; letterheads of the President of the Russian Federation; chambers of the Federal Assembly; Government of the Russian Federation; Constitutional Court of the Russian Federation; Supreme Court of the Russian Federation; Supreme Arbitration Court of the Russian Federation; central bodies of the federal executive power; federal courts; Prosecutor's Office of the Russian Federation; Bank of Russia; Commissioner for Human Rights; Accounts Chamber; Interdepartmental Commission for the Protection of State Secrets. Thus, it is not possible to officially place the State Emblem of the Russian Federation on the organization’s letterhead without special permission from the President of the Russian Federation.

The coat of arms of a constituent entity of the Russian Federation is placed on document forms in accordance with the legal acts of the constituent entities of the Russian Federation.

The organization's emblem or trademark (service mark) is placed on the organization's letterhead in accordance with the charter (regulations of the organization). The emblem is not reproduced on the form if the State Emblem of the Russian Federation or the Coat of Arms of a subject of the Russian Federation is placed on it.

The organization code is entered according to the All-Russian Classifier of Enterprises and Organizations (OKPO).

The document form code is entered according to the All-Russian Classifier of Management Documentation (OKUD).

The name of the organization that is the author of the document must correspond to the name enshrined in its constituent documents. Above the name of the organization is indicated the abbreviated name, and in its absence, the full name of the parent organization. The names of organizations of constituent entities of the Russian Federation that have, along with Russian as a state language, a national language are printed in two languages ​​- Russian and national. The abbreviated name of the organization is given if it is enshrined in the constituent documents of the organization. The abbreviated name (in brackets) is placed below the full name. The name in a foreign language is reproduced if it is enshrined in the charter (regulations of the organization). The name in a foreign language is located below the name in Russian. The name of the branch, territorial office, representative office, structural unit of the organization is indicated if it is the author of the document, and is located below the name of the organization. The author of the document may be an official representing the organization.

Reference information about the organization includes postal address, telephone numbers and other information at the discretion of the organization (fax numbers, telex numbers, bank accounts, email address, etc.).

The name of the type of document drawn up or published by an organization is regulated by the charter (regulations of the organization) and must correspond to the types of documents provided for by the Unified System of Organizational and Administrative Documentation (USORD) and OKUD (class 0200000). The letter does not indicate the name of the type of document.

The date of the document is the date of its signing or approval, for the protocol - the date of the meeting (decision making), for the act - the date of the event. If the authors of the document are several organizations, then the date of the document is considered to be the latest date of signing. The date of the document is written in Arabic numerals in the following sequence: day of the month, month, year. The day of the month and month are represented by two pairs of Arabic numerals separated by a dot; year - four Arabic numerals. For example, the date January 5, 2000 should be formatted as follows: 01/05/2000. A verbal-numeric method of formatting a date is allowed, for example, January 5, 2000, as well as formatting a date in the following sequence: year, month, day of the month, for example: 2000.01.05.

The registration number of the document consists of the serial number of the document, which can be supplemented at the discretion of the organization with a case index according to the nomenclature of cases, information about the correspondent, executors, etc. The registration number of a document compiled jointly by two or more organizations consists of the registration numbers of the document of each organization, entered through slash in the order of the authors in the document.

The place of compilation or publication of the document is indicated if it is difficult to determine it using the details “Name of the organization” and “Reference data about the organization.” The place of compilation or publication is indicated taking into account the accepted administrative-territorial division, and it includes only generally accepted abbreviations.

The stamp restricting access to a document (secret, confidential, etc.) is affixed without quotation marks on the first sheet of the document and can be supplemented with data provided for by law on information classified as state secrets and confidential information.

Organizations, their structural divisions, officials or individuals can be indicated as the addressee. When addressing a document to an official or individual, the initials are indicated before the surname. The name of the organization and its structural unit is indicated in the nominative case.

All business transactions carried out by the organization must be documented with supporting documents, which serve as primary accounting documents.

The primary documents used to describe business transactions constitute a single information array, processed using the same accounting procedures. At the same time, some of the documents are formalized at the industry or general economic level. These documents are drawn up on unified forms approved by the State Statistics Committee of Russia or line ministries and departments.

From among the currently existing unified forms of primary documents, the following forms have been approved:

• 1) for accounting of fixed assets (according to Resolution of the State Statistics Committee of Russia dated October 30, 1997 N 71a, with amendments and additions, introduced on November 1, 1997);
• 2) on accounting for intangible assets (according to Resolution of the State Statistics Committee of Russia dated October 30, 1997 N 71a, with amendments and additions, introduced on November 1, 1997);
• 3) on accounting for inventory results (according to Resolution of the State Statistics Committee of Russia dated August 18, 1998 N 88, as amended and supplemented, introduced on January 1, 1999);
• 4) on accounting for work in capital construction (according to Resolution of the State Statistics Committee of Russia dated October 30, 1997 N 71a, with amendments and additions, introduced on November 1, 1997);
• 5) for accounting of agricultural products and raw materials (according to Resolution of the State Statistics Committee of Russia dated September 29, 1997 N 68, introduced on October 1, 1997);
• 6) for accounting of trade operations (according to Resolution of the State Statistics Committee of Russia dated December 25, 1998 N 132, introduced on January 1, 1999);
• 7) on accounting of materials (according to Resolution of the State Statistics Committee of Russia dated October 30, 1997 N 71a, with amendments and additions, introduced on November 1, 1997);
• 8) on accounting of labor and its payment (according to Resolution of the State Statistics Committee of Russia dated 04/06/2001 N 26);
• 9) on accounting for work in road transport (according to Resolution of the State Statistics Committee of Russia dated November 28, 1997 N 78, introduced on December 1, 1997);
• 10) on accounting for transactions in public catering (according to Resolution of the State Statistics Committee of Russia dated December 25, 1998 N 132, introduced on January 1, 1999);
• 11) for accounting of products, inventory items in storage areas (according to Resolution of the State Statistics Committee of Russia dated 08/09/1999 N 66, introduced on January 1, 2000);
• 12) for accounting of cash transactions (according to Resolution of the State Statistics Committee of Russia dated August 18, 1998 N 88, as amended and supplemented, introduced on January 1, 1999);
• 13) on accounting for the work of construction machines and mechanisms (according to Resolution of the State Statistics Committee of Russia dated November 28, 1997 N 78, introduced on December 1, 1997).

Much attention has been paid to the introduction of electronic document management in government bodies of the Russian Federation in the last decade. This was confirmed, in particular, by the adoption of the federal target program “Electronic Russia (2002-2010)” 6, which implied the implementation of pilot projects for the transition to electronic document management in government bodies and local governments, the development of telecommunications infrastructure and connection to computer networks government bodies, local governments and budgetary organizations, development of an electronic commerce system and support of the goods (services) market. The state plans to create legal, organizational and technological conditions for the development of democracy by truly ensuring the rights of citizens to freely search, receive, transmit, produce and disseminate information. Today, the formation of electronic government and, as a consequence, the introduction of electronic document management are one of the most important priorities in the internal policy of the state.

From the point of view of legal regulation of electronic document management, the main regulatory legal acts include the following documents:

Federal Law of July 27, 2006 No. 149-FZ “On information, information technologies and information protection”.

This law defines such concepts as “electronic message” and “electronic document”, and also establishes the legal status of the exchange of electronic messages and electronic documents. Federal Law of July 27, 2010 No. 210-FZ “On the organization of the provision of state and municipal services”

. The law establishes the possibility of applying for state and municipal services in electronic form and requirements for organizing the provision of state and municipal services in electronic form, as well as general conditions for the use of electronic signatures in the provision of state and municipal services.

It is provided that the list of services provided in electronic form, the types of electronic signatures used in the provision of state and municipal services and the rules for their use are determined by acts of the Government of Russia..

Establishes the procedure for concluding an agreement in electronic form with a remote worker and the features of electronic document flow between the remote worker and the employer.

Decree of the Government of the Russian Federation dated September 22, 2009 No. 754 “On approval of the Regulations on the system of interdepartmental electronic document management.”