However, judges are wary of being placed before electronic documents and are far from always accepting them as reliable evidence. In this article, there are five ways to work so that the court accepts electronic listing as evidence from the right.

FOOD AT THE TEMU
Which form of electronic listing is submitted to the arbitration court?
There are no special powers established by law. However, through those that prove all guilt but have been brought to justice (Articles 64, 75 of the Arbitration Procedure Code of the Russian Federation), it is possible to make a new paper, which electronic listing is required to be submitted on a paper nose (designated by the Supreme Arbitration Court of the Russian Federation, dated 23.04.10 No. BAC-4481/10) .

Come in front for an electronic mail or proof

Electronic listing with a variety of written evidence (clause 3, article 75 of the Arbitration Procedure Code of the Russian Federation). Why is it stipulated in the Arbitration Procedural Code that electronic notifications can be submitted to written evidence in order, which is determined by law, by agreement or by the Supreme Arbitration Court (clause 3, article 75 of the Arbitration Procedure Code of the Russian Federation, as amended by the Federal Law of July 27, 2010 No. 228-FZ). Therefore, the parties may further individualize their electronic communications in order for the stench to be admissible evidence at the right. Zrobity can be done in two ways.

The first way: listing the legal force of the contract. Vrahovyuchi, scho contractors may have the right to determine the procedure for filing written evidence independently (clause 3, article 75 of the Arbitration Procedure Code of the Russian Federation), the stench can give evidence in advance of electronic filing.

For whom, it is necessary for them to register the declaration of the mind in the contract (put the additional favor) from the addresses of the electronic mail, which will be victorious by the parties, that is quiet, if it is necessary to list such a listing in the name of the company.

In addition, as the court practice shows, do not say, as the very legal parties have tried to do it for the help of electronic listing. In one of the super-checks, the right side relied on those that in the questionnaire before the contract, the parties waited for an electronic mail from the specified address of the counterparty, where it was necessary to file the documents. Prote Arbitration Court emphasizing its position on the fact that "the addresses of the electronic mail were assigned by the parties for the purpose of working listing, and not for transmitting the results of the work" (appreciated by the Federal Arbitration Court of the Moscow District in 12.01.09 No. KG-A40 / 12090-08).

Without being designated in the contract on the contact information, the address of the electronic mail and the letter, as the parties can agree in this order, the court does not recognize the electronic listing as admissible evidence from the right (appreciation of the Federal Arbitration Court of the Moscow District in 27.02.10 No. KG-A41 / 531-10). Judicial practice from the opposite position of the courts is very insignificant (lauded by the Federal Arbitration Court of the Urals District in 28.06.10 No. F09-4726 / 10-C3).

Another way: using electronic digital signature. An electronic digital signature (hereinafter referred to as the EDS) is equated to a handwritten signature in documents on a paper nose (clause 1, article 1 of the Federal Law dated 10.01.02 No. 1-FZ “On Electronic Digital Signature”). Crazy, її vikoristannya є one of the best ways to identify electronic notifications.

If the company submits to the court an electronic sheet, which is signed by the ECP on the other side, then it will not be necessary to establish the fact of the validity of the electronic sheet. But here it’s important not to miss one detail: in case of a superwoman, the court may have to file a document to confirm the fact that the ECP won with the counterparty (appreciated the Federal Arbitration Court of the Pivnichno-Zakhidny District, dated 03.03.09 No. F-04-1207 / 2009 (1502-A46 ) -eleven)).

FOOD AT THE TEMU
Why robiti, like the listing of the positivity was not saved, and the counterparty saw yoga on his computer?
A party may ask the court to order the security of evidence to request from the company that technical support mail server, archived copies of electronic notifications.

Bringing to court for the help of electronic listing

Documents taken away for the help of electronic mail, є overriding evidence, apply for a universal assessment based on the totality of evidence, which does not supersede and vіdomostі, scho to be in the electronic listing of the parties (favored by the Federal Arbitration Court of Moscow). The company will simply need to bring the correctness and reliability of these listings. Axis of sprat ways.

Third method: designation of details of electronic lists. As stipulated in Article 75 of the Arbitration Procedural Code, documents must lie before the written evidence, which allows to establish the validity of the document, so that those who are guilty of signing a special document, clearly indicate the date of that place of compilation, the addressee and other necessary information. In one of the cases, the court found the data, which are necessary for confirming the reliability of the information. Prior to them, there were information: addresses of the electronic mail of the owner of the authority, information about the hour and date of the administration of the electronic notification, the mail server, from which the electronic notification was sent. In connection with the hearing of these data, the arbitral tribunal did not accept the submission of a suspension as proof of the electronic listing order (ruling of the Federal Arbitration Court of the Pivnichno-Kavkazsky District dated 07.07.08 No. F08-3751 / 2008).

Fourth method: Conducting an examination. The correctness of electronic evidence can be established by the court expert examination board. For whom it is necessary to know the organization, how to conduct a computer-technical examination. You can turn to the experts without looking at the court's gaze, or you can petition the court for an examination (clause 1, article 82 of the Arbitration Procedure Code of the Russian Federation). Then the court recognizes an expert, which warehouse of visnovok is to designate, what was the right listing on the right side, to set up a real change, the hour of correction and other data. The act of expert arrangements is accepted by the judge as evidence (decree of the Federal Arbitration Court of the Moscow District dated January 20, 2010 No. KG-A40 / 14271-09).

Way of writing: folding the notarial protocol. One of the best ways to legalize electronic evidence is to draw up a notarial protocol. In this way, in the rest of the hour, the companies are koristuyutsya daedals more often. Depending on the law, notaries may have the right to review written and verbal evidence (Articles 102, 103 of the Fundamentals of Legislation on Notaries dated 11.02.93 No. 4462-I, further - Fundamentals). The company can give the notary access to the computer and mail server, on which the listing is known. The notary shall reconsider the correctness of the listing, insert, as it was right, it appeared on the right side, and in the warehouse of the protocol, which is to give the electronic listing the form necessary for the court's proof. Sami electronic sheets owe buti rozrukovanі and pіdshіtі before the protocol. Such a protocol will be proof that on the first date of this electronic mail, there were electronic notifications, taking away the first address. Here it is important to remember that a notary can fold such a protocol to the top of the head with the right in court (Article 102 of the Fundamentals).

Today, judges often accept as a letter proof electronic listing. However, for whom the mother is guilty of legal force. At the same time, reading the same rules and methods of determining the legitimacy of virtual correspondence is not viable, which leads to a great number of problems.

Let's look at a few ways to give electronic sheets of legal force.

The hours have long passed, if the leaves, vikonanі on the paper, were one by one. The development of the government's vodnosin between the subjects of economic activity is already impossible without the use of information technologies. This is especially true if the counterparties are located in different places in the country.

Splicing at the sight of an electronic connection will reduce the material cost, and allow the shortest term to change a single position with food.

However, such progress cannot be seen from a positive side. Between the subjects of economic vodnosin are often blamed for different superechki, their variances are found in court instances. The court praises the decision on the basis of the assessment of the evidence given by the parties.

In this case, the visibility, admissibility, reliability of skin proof is OK, as well as the availability and mutual connection of evidence in their marriage. This rule is enshrined in both the Arbitration Procedure Code of the Russian Federation (clause 2, article 71), and in the CPC of the Russian Federation (clause 3, article 67). In the process of determining the admissibility and credibility of evidence given by the court, the court often puts food, the verdict of such a significant world is added to the result.

The use of electronic document processing by the citizens of the subjects of the state is regulated by the norms of the DC of the Russian Federation. Zokrema, at paragraph 2 of Art. 434 assigned: the agreement in the letter form can be exchanged by way of the exchange of documents at the sight of an electronic link, which allows you to reliably establish that the document is coming out of the parties behind the agreement.

Vіdpovіdno up to paragraph 1 of Art. 71 CPC RF and paragraph 1 of Art. 75 of the Arbitration Procedure Code of the Russian Federation as a written proof - to remove information about the surroundings, which may be significant for the review of the right, business correspondence, vikonan in the form of a digital record and otrimana for additional electronic communication.

To win electronic documents, the shipping industry needs two brains. First, as it has already been said, the stench is due to the mother of legal force. In another way, the document may be readable, so as to avenge the deep understanding that the information is available for receiving.

Tsya vyplyaє іz zagalnyh rules of judiciary, scho transmit without intermediary priynyattya judges of information іz dzherel provokіv.

Often, the court has to make a decision to prove it to the materials of the electronic listing, which does not give evidence to minds, and arbitrarily make decisions that do not show the lawful powers of the affected side.

Let's take a look at the main ways of legitimating electronic listing before and after the cob of promotion from the right.

Work with a notary

Yakscho Provadzhennya at the right did not start yet, then in order to obtain electronic listing of legal force, it is necessary to obtain a notary. In paragraph 1 of Art. 102 Fundamentals of legislation about notaries (Fundamentals) it is said that the notary will ensure the proof of the interests of the notary, which is necessary in court or the administrative body, which means that the submission of evidence will become impossibly twisted. And in paragraph 1 of Art. 103 of the Fundamentals, it is clear that, in order to secure evidence, a notary should review written and verbal evidence.

Vidpovidno up to paragraph 2 of Art. 102 Fundamentals, a notary does not need to prove it to the right, as at the time of the trial to a new clarification, the notary is going to the court of an administrative body. In another case, the judge shall recognize the notarially certified electronic listing as inadmissible evidence (Decree of the Ninth AAC dated March 11, 2010 No. 09AP-656/2010-GK).

Vikhodyachi s h. 4 tbsp. 103 Fundamentals of the security of evidence without mentioning one of the parties and incriminating osibs is carried out only in cases of failure, so as not to endure the call.

In order to examine the evidence, a protocol is drawn up, for which report inventory it is also the duty of the notary to ask about the date and the place of the inspection, the notary, who to conduct the inspection, about the hardening of osib, how to take the fate of the new one, and also to overstay the situation, to show the hour of the inspection. The electronic sheets themselves are handed out and signed to the protocol, which is signed by persons, by a notary, who takes part in looking around, that is creaked with a signet. By virtue of the appointment of the Supreme Arbitration Court of the Russian Federation dated April 23, 2010 No. VAC-4481/10, the notarial protocol of the electronic inspection postal screenshots recognized as hard evidence.

In this hour, not all notaries give services from the acknowledgment of electronic sheets, and the quality of their work is high. For example: one of the notaries of the city of Moscow styaguє 2 yew. rubles for one side of the description part of the protocol.

Caught by secure evidence, the person is brought to the notary with a valid statement. A new one can have a ticket for:

• prove that they are safe;
• surround what is supported by these proofs;
• Substantiate what evidence you need to secure;
• at the time of filing before the notary, check with the court of competent jurisdiction, the arbitration court and the administrative body.

Notaries conduct inspection together electronic screens or remotely, to beat remote access to the mail server (it can be the provider's server, which provides the service of an electronic connection to the contract; the mail server of the domain name registrar or the mail-free mail Internet server), or directly from the computer of the registered individual, on which the robotic program is installed by electronic ( Microsoft Outlook, Netscape Messenger etc.).

If you look further away, if you tell a notary, you may need permission from a domain name registrar or an Internet provider. Everything should be deposited in the form of the one who himself supports the work of the mail screens or the electronic mail server under the contract.

Receiver from the provider

Resolutions of the Ninth AAC dated 04.06.2009 No. 09AP-3703/2009-AK, dated 04.27.2009 No. 09AP-5209/2009, FAS MO dated 05.13.2010 No. KG-A41/4138 electronic correspondence, as it is certified by an Internet provider or a domain name registrar, as they are responsible for management send by server.

The provider or the registrar of the domain name zasvіdchuє e-listing for the request of the zatsіkavlenoї side only in that case, as far as the mail server and such a right is prescribed in the contract for the work of services.

However, the scope of electronic correspondence can be great, which, at your own pace, will complicate the process of issuing documents on paper noses. At zv'yazku z cim, the court sometimes admits the submission of electronic correspondence on electronic carriers. So, the Arbitration Court of the Moscow Region, vindicated by the Resolution dated 01.08.2008 at reference No. A41-2326/08, relied on the admissibility of electronic listing given before the trial on several CDs.

And when looking at it, refer to the Appellate Instance of the Tenth AAC of the Decree of 09.10.2008 at Ref No. А41-2326/08 sent to the electronic listing of the evidence of unprimed and casuav decision to the court of the first instance, showing that the contract was not a party

In this way, electronic sheets, which are subject to dispute, may be filed before the court in writing, and all other documents can be filed on electronic carriers.

To bring the facts, papers from the virtual correspondence, to help confirm the change of leaves with a path, put on them from a distant paper listing. The submission of other written evidence was presented at the Decree of the Ninth AAS dated December 20, 2010 No. 09AP-27221/2010-GK. At the same time, the court, looking at the right and evaluating the evidence given by the parties, has the right not to respect the admissible paper listing with messages for electronic correspondence.

Vіn less take її to respect and blame decisions on the complex analysis of all evidence presented.

For help to an expert

Yakscho Provadzhennya at the right already started, then the submission of electronic correspondence to legal force must be subject to the right of obtaining an expert. At paragraph 1 of Art. 82 of the Arbitration Procedure Code of the Russian Federation, it is regulated that, in order to clarify the blame for the hour, I need to take care of food, require special knowledge, the arbitration court assigns an expert opinion for the troubles of an individual, which is right, which is good for a new person.

If the recognition of the expertise is transferred by law or by the contract, or if it is necessary to reconsider the statement about the falsification of the submitted evidence, or if it is necessary to conduct an additional or repeated examination, the arbitration court may recognize the expertise as an independent initiative. Appointment of expertise with the method of re-verification of the evidence submitted is also transferred to Art. 79 CPC of Ukraine.

In the case of litigation for the recognition of the ship's expertise, the organization and specific experts should be appointed, as well as a number of food, for the purpose of executing such, the party virishila was brought before the court for recognition of the expertise. In addition, after submitting information about the art, the lines of such an examination should be deposited with the court in the amount for the payment. The knowledge of the expert is guilty of satisfying the vast majority, installed for him in Art. 13 of the Federal Law "On the sovereign ship-expert activity at Russian Federation».

Get to the materials refer to prove the expert’s statement about the correctness of electronic listing is confirmed by court practice (Decision of the Arbitration Court of the City of Moscow dated August 21, 2009 at reference No. A40-13210 / 09-110-153; Decree FAS MO / 1 v24-1).

On the basis of the contract

At paragraph 3 of Art. 75 of the Arbitration Procedure Code of the Russian Federation, it is stipulated that the documents taken away for an additional electronic connection are recognized as written evidence, as is written in the agreement between the parties. Obviously, it is necessary to indicate that the parties recognize the legal force of the listing of documents that are removed for additional facsimile communication, the Internet and others electronic methods zv'azku. If so, the contract may include the address of the electronic mail, for which the electronic listing is required, that information about the trusted person is trusted to її vedennija.

It is required to specify in the contract that the electronic mail address assigned by the parties is not only for working listing, but also for the transfer of the results of the work, which confirms the position of the Federal Antimonopoly Service of the Ministry of Defense at Resolution No. KG-A40/12090-08 dated 12.01.2009. The Decree of the Ninth AAC dated 24.12.2010 No. 09AP-31261/2010-GK stated that the contract may include the possibility of electing an electronic mail to confirm the technical task and present claims to the extent of giving the services of such vicons.

KRIM Tsyo, the guns can be rolled up at the agreement, the noddomolennya that is cheap, over the Elektronnoye, to be inquired, Ale Mayatovo Pidatovo PIDAROVAVATOSE OF THE SUBLE TARMINA KURARSOME IS ABOUT ITS IDED (TRANSLATION OF THE TRALLENT AAS A56-242424242424242-242-24242424242424242-24ETS A56-25, A56-25, A56-24, No. A56-2419/A56-242-2419 No. A56-256-2419/A56-2419 No. A56-256-242-2419/

Summing up, we can say that at the current moment, the practice of stosuvannya by the courts of electronic correspondence as a written proof has developed. However, vrahovyuchi vomogi procedural law, while the admissibility and credibility of evidence, virtual listing is accepted by the court to the point of respect, even if it has legal force.

There are a large number of problems in communication with this culprit, but a single method for determining the legitimacy of electronic correspondence has not been formed. The right of the closed party to appeal to a notary public with the method of secure evidence is fixed, and also the current normative act of the Ministry of Justice of the Russian Federation, which regulates the procedure for granting such services by notaries. As a result, there is no single approach to the designation of their varsity and the formation of a clear mechanism for the implementation of this right.

Isnuu, Kilka Mennes of the Elektron Listvannoye of the Legal Service of the Nadannya Yak Pro Put by the Sudas: Zeleknetno Korrespensi at the Notarius, the Zavreta in the Internet-Provider, the Jew of the Elektroni Lydvin.

Competent pidkhid to self-care electronic listing as a letter proof to allow the sovereign subjects to fully agree to confirm their violation of rights in case of resolution of disputes.

14.09.2012

Vykoristannya in court as evidence of facsimile copies and documents transmitted through e-mail(at the scanned view)

For the rest of the decade, the achievements of the scientific and technical sphere have changed the life of a modern person. New records have appeared, records have been made, savings, confirmation of information. These achievements could not be lost without integration into the social and economic sphere and, obviously, they could not get stuck in the law of nadbudovu. Otherwise, the stability of the community turnover would be ruined by the current legal regulation of newly created suspensory wines.

Vіdpovіdno up to paragraph 2 of article 160 of the Civil Code of the Russian Federation (further after the text - "DK RF"), "The choice of the date of laying down the facsimile signature with the help of a mechanical copy, the electronic signature of the other analogue of the handwritten signature is allowed at times and in the order, transferred by law, other legal acts to please the party."

Vіdpovіdno up to paragraph 2 of article 434 of the Civil Code of the Russian Federation, “Agreement in a written form can be a way of folding one document signed by the parties, as well as a way of exchanging documents through mail, telegraph, teletype, telephone, electronic what's the next zv'azku, which allows you to reliably establish that the document enters the party behind the contract.

In such a rank, the official legislation of the Russian Federation allows the parties to formalize civil law in favor of victories facsimile signature with additional assistance of a mechanical copy, an electronic signature of another analogue of a handwritten signature, etc. electronic exchange of documents

In addition, the Arbitration Procedural Code of the Russian Federation (hereinafter referred to as the APC of the Russian Federation) sealed the admissibility of electronic documents as proof. So, it is clear up to paragraph 3 of article 75 of the APC of the Russian Federation, « Documents taken away for the help of a facsimile, electronic or other communication, including those with other Internet measures, as well as documents signed with an electronic signature or another analogue of a handwritten signature, are allowed as written evidence in the cases, in accordance with the Code, in their order federal laws, other normative legal acts and an agreement, or appointed at the borders of their renewal by the Supreme Arbitration Court of the Russian Federation "(the norm is similar to paragraph 1 of Article 71 of the Civil Procedure Code of the Russian Federation).

In this way, the legislation of the Russian Federation hopes for the possibility of obtaining facsimile copies and documents transmitted via e-mail (at the scanned one) as proof of speech.

At this hour, at a given hour, when the courts swear superchicks, which are screaming from civil legal documents, issuing a way to exchange documents via facsimile or Internet, the judges have a single-mandate position regarding the issuance of "fax" and electronic documents up to admissible evidence.

Analysis of the ship’s actual practice, in part of the receipt of facsimile copies of documents and documents transmitted via e-mail (from a scanned image) to the ship’s office, check and confirm that, allowing for the occurrence of a burglary:

1. Facsimile copies of documents and documents transmitted via e-mail (in the scanned view) are recognized by the court as evidence from the right for understanding the obviousness of the contract/please clause, until such a copy is given the status of the original.

The legitimacy of the stated position is confirmed by the current court practice, zokrema. Decree of the Federal Antimonopoly Service of the Pivnichno-Zakhidny District dated June 1, 2010 No. A56-13328/2009, Decree of the Federal Antimonopoly Service of the Urals District dated December 13, 2010 No. F09-10256/10-SZ, Decree of the Sixteenth Arbitration District A2 /2010-FAS 08/13/2009 date No. F03-3794/2009, to the Supreme Arbitration Court of the Russian Federation dated 02/07/2008 date No. 653/08, reference No. A09-8896/06-4.

2. Screenshots of screens, electronic distribution mail order not є reliable and impeccable proof of the court.

The legitimacy of the stated position is confirmed by the current court practice, zokrema. Decree of the Federal Antimonopoly Service of the Moscow District issued on 03.02.2011 No. KG-A40 / 210-11.

3 . Copies of sheets, taken away by electronic mail, as evidence from the court, for reason, as if the other side does not give the court a different copy of itself, it may be possible to establish a copy of the original copy for the help of other evidence.

The legitimacy of the stated position is confirmed by the current court practice, zokrema. Decree of the Federal Antimonopoly Service of the Volga District issued on September 15, 2010 at reference No. A12-23661/2009.

Analysis of the practice of reviewing disputes by the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation on the basis of the admissibility of electronic documents and documents transmitted at the sight of a facsimile link, allowing the documents are assigned as evidence in the court process for understanding that the procedure for exchanging documents through facsimile attachment or through the “Internet” network of transfers will be laid down between the parties by the contract .

In this way, the analysis of ship practice allows us to see three types of documents (cream of originals), which confirm the fact of the laying down of the existing agreements:

Copies of documents transmitted from the selected faxes;

Copies of documents transferred from the scanned person for additional help "Internet";

Screenshots of screens, rozdrukivka electronic post office (advice about the strength of the electronic sheet).

Tim, for an hour, with the help of defending your rights, the process of laying down and signing the agreements may be accompanied by the exchange of the original documents.

However, when laying down and vikonanniy agreements with a way to exchange facsimile copies of documents or electronic documents and with a method of minimizing risks, it is recommended to proceed:

1. At the text of the main agreement:

Transfer the possibility of overpowering documents by fax or by electronic mail;

Restore such documents and the status of originals;

Specify the information about the fax number and the address of the electronic mail, for which documents are to be exchanged;

2. Organize the maintenance of journals in the registration of incoming and outgoing correspondence, transmitted and withdrawn for additional facsimile communication and electronic communication.

3. Install the fax machine exact hour I will correct the date.

At a glance, the function is also available for faxing calls about canceling and sending notifications, rozdrukovuvat such calls and forwarding them to the log of registration of incoming and outgoing correspondence.

4. Draft documents, which are transferred to the counterparty for the future, are signed without the signature of the upgraded individual.

5. Vіdpovіdno before tax legislation, that legislation on accounting form, the primary documentation that is drawn up in the course of victorious agreement, may be filed only at the sight original documents.

6. The text of the main contract, addendum please before the contract, as well as please about the expansion of the contract may be submitted from the originals.

The procedure for the exchange of electronic documents, as well as "fax copies" of documents may be obligatory by the Parties and affixed to the Agreement. In the light of literate formulations of these minds, it is possible to produce “non-original” documents when adjusting the super-check between the parties.

It is necessary to note that in practice there are lapses, if unscrupulous counterparties add signatures and seals put by another counterparty in an electronic document, and also change the text of the contract, including non-visible ones for the counterparty.

In connection with this, when the dispute is resolved in court, the parties shall submit to the court not the same copy of the same document, tobto. the very same signing by the parties of the document that avenge the difference mind.

There is practically no possibility for the appointed court to arbitrate, as the parties gave a true copy of the document.

Vіdpovіdno to paragraph 6 of Article 71 of the Arbitration Procedure Code of the Russian Federation, "Arbitration Court we can not bring the fact that it is confirmed only by a copy of the document or other written evidence, which was spent or not transferred to the court the original document, and copies of that document, submitted by individuals, as if they take part in the right, not the same among themselves and it is impossible to establish a correct substitute for the first time for the help of other evidence.

On the basis of the assigned norm, a copy of the document is not considered by the court as evidence for the circumstances, the appointments are higher.

At the same time, the fact of submission of documents that are transmitted by electronic mail or by fax can be established after the additional examination of the ship.

For information taken from TOV "Expert bureau of Izhevsk city", there are a lot of methods for revealing documents in such a way:

1. chemical analysis of the signature on the paper priming agreement;

2. analysis of the signet.

It is necessary to pay attention to the fact that the possibility of issuing documents by designated methods is not great.

Irrespective of the description in the paperwork of the risks in the execution of the contracts by way of the exchange of copies of documents for additional facsimile or electronic communication, there is a way to defend against illegal counterparties that are expressed in the documents that are signed.

Vіdpovidno to article 2 of the Federal Law dated April 6, 2011 No. 63-FZ "On Electronic Signature" (further after the text - "Law on Signature"), electronic signature - information in electronic form, as added to the other information in electronic form (information to be signed) or in another rank connected with such information and as a victory for the designated individual, as signing the information.

Vidpovidno up to part 1 of Article 6 of the Signature Law, «Інформація в електронній формі, підписана кваліфікованим електронним підписом, визнається електронним документом, рівнозначним документу на паперовому носії, підписаному власноручним підписом, крім випадку, якщо федеральними законами або нормативними правовими актами, що приймаються відповідно до них, встановлено вимогу про необхідність складання документа виключно на papers".

Vіdpovidno up to Article 5 of the Law on Signature, Qualified by Electronic Signature є Electronic Signature, which qualifies for advancing signs:

1. removed after the cryptographic conversion of information from the alternatives of the electronic signature key;

2. I allow you to designate a person, as I signed electronic document;

3. allows to reveal the fact of making changes to the electronic document after its signing ;

4. created with the help of an electronic signature;

5. the key for reverification of the electronic signature is specified with the qualified certificate;

6. For the purpose of re-verification of the electronic signature, the proofs of the electronic signature are drawn up, as they have taken away the confirmation of the viability of the authorities, which are established by the law.

In this way, the signing of an electronic signature at the hour of laying down the agreement with the exchange of "fax" copies of the documents that are signed, or the electronic documents allow to reveal the fact of making changes to the previously signed document, which guarantees the protection of the party in the case of a court proceeding.

In addition, an electronic document, signed by a qualified electronic signature, is recognized as equal paper document, signed in handwritten signature.

Facsimile communication ensures the transmission of information from a paper carrier (texts, tables, graphics, babies, armchairs, photographs, etc.) and the reception of this information in a copy (facsimile), which is often called in practice a fax or a telefax.

Before folding, that formalized notice that is transmitted for an additional facsimile link is designated by the type of the original document (sheet, contract, protocol, etc.).

Відповідно до Цивільного кодексу Російської Федерації (стаття 160) використання при скоєнні угод факсимільного відтворення підпису за допомогою механічного або іншого копіювання, електронно-цифрового підпису або аналога власноручного підпису допускається у випадках та порядку, передбачених законом, іншими правовими актами або угодами сторін.

A document (fax), which is accepted at the exit of a facsimile link, may have legal force if required by the courts and procedures.

Documents that are overpowered by facsimile channels are bound to be overwritten in a clear, contrasting font, or written in a bag pen or ink, contrasting black, dark blue ink.

telephone messages

The text by telephone messages is transmitted verbally by channels phone call she is recorded (friended) by an obsessive.

The legal force of telephonograms, which is necessary, is determined by offensive requisites:

With the registration number of the telephone messages, which is being corrected;

Settlement, nickname, im'yam, according to the father's signature, I sent a telephone message;

Posada, prizvischem, im'yam, according to the father's signature, I received the telephone message, from the journal of registration;

Entrance registration number of the received telephone message.

It is recommended to use telephonograms for quick resolution of meals in case of failure, if you are informed that they are using the telephone, they require documentary registration. Inconsistent texts are transmitted by telephonograms (requested for a day, meeting too soon).

The telephonegram, which is corrected, is compiled in one example and signed by a clerk or another townsman.

If a telephone message is sent to dekilkom addressees, then before it can be added to the list of assigned telephone numbers.

The text does not have a trace of folding words and folding turnovers.

The date of the telephone message is the date of transmission.

A telephone message that should be in the organization is recorded by the person who accepts it on a standard form or on clean slateіz dotrimannyam standard rules of registration.

8.3. Documents that are transmitted by electronic channels

post (EP)

The EP allows you to change the exchange of data between the methods of EBT, analysis, processing and savings from the removal and administration of information.

The EP is victorious both for resilience in the middle of one organization, and for the transfer of support between different organizations, which may be affected by different hardware and software.

The recipient of the electronic mail will see the image of the document (electronic reminder) on the screen of the EOM or at the sight of a copy on a paper nose, taken for the help of the printer.

Depending on the legislation, the legal force of documents that are saved, processed and transferred for additional automated information and telecommunication systems can be confirmed by an electronic digital signature, the procedure for corroborating such appointments with the Federal Law "On Electronic Digital Signature" N 1-FZ. The legal force of an electronic digital signature is recognized for the fact that it is obvious in the software and technical systems assigned to it, which ensures the identification of the signature, and that until the end of the established regime of victoria.

The presence of paper analogues in the administration of electronically sent documents is determined by the regulations, instructions for DOP in the organization. The paper analog creates transparency in robots for spivrobitniks, which is necessary in different conflict situations, in case of a document that is not taken away by the addressee.

Having connected to the EP, the correspondent may be able to correspond with other subscribers.

EP gives subscribers the following opportunities:

Vzaymodiyati through e-mail screens with the support of organizations, between themselves and other subscribers of the EP;

mothers prompt access to information that is collected in the databases of various organizations;

Exchange notifications with subscribers of other services;

Withdraw notifications from teleconferences to those who squeal, and force the authorities to inform you in a teleconference;

Mother access to public archives, which are used on various servers, both on the Internet, and in others, related to it, in the whole world.

The skin subscriber in the e-mail sees an individual "mail screen" (memory area EOM), which is assigned the code of the card. The exchange of notifications is made through qi postal screens.

All correspondence, stalely in the form of її zmіstu that recognition, the system of electronic mail is saved from various "folders", as they are added to the specialty and zagalni. Tse give the possibility of splitting the leaves and sending them; okremo save unfinished leaves and copies from the distance; protect private information, but the special folders of one correspondent are not responsible for being accessible to other correspondents of the EP system.

The EP system has the following operations with sheets: search, copy and transfer from one folder to another, selection according to the specified criteria.

Vbudovana Address book That text editor will make the process of creating and strengthening sheets easier. Once creations and entering to the base of the document forms, the list can be multiple entries.

Electronic information is composed of the address or the number of the owner's address, the heading, what to do with the service information, and the text.

Addresses in the SP system are compiled from the name of the electronic postal screen, as it sounds from the registration name of the coristuvacha to the domain, which describes the place, the computer or the local system, where the electronic screen is known. Names and domains are separated by the "@" sign, for example:

[email protected]- name@domain.

The domain is composed of decal sub-domains, separated by specks.

At the Internet level, domains of the upper level are allowed, which indicate the organization code:

COM - commercial organizations;

EDU - basic and scientific foundations;

GOV - set order;

MIL - Ukrainian organizations;

NET - a number of Internet nodes;

ORG - other organizations.

The header of the electronic notification is to be filled with water, as it is set by the author of the notification or automatically added by the system.

If the text of the electronic reminder looks too big (more than 100 kilobytes), it is better to squeeze for the help of the "compress" commands for UNIX family systems, "pkarc" or "pkzip" for MS DOS, or more powerful letters.

It is also necessary to send a file, which can erase non-text information, an object code, a data base file, or a file from images, and then recode it into a text form.

Overpowering electronic notifications that avenge encoded information is allowed in that case, as possessing information may be possible to decipher it.

Vymogi before the execution of documents that are superseded by the EP, similar to vimogams, declaring at divisions 3.4. On the document, the author of the document, its date, registration number, the name of the species (crown of the sheet), the name of the individual, how the document was signed, email addresses organization and electronic digital signature (EDS) of the author.

Documents that were submitted for the EP are registered according to the rules that are the same as paper documents and registration forms. Before the number of the document, which is supposed to be superseded by the EP, the "@" sign is added: N [email protected]

The use of an electronic digital signature (EDS) is dependent on the creation of an independent system to protect against unauthorized access to documents for the account of a system of separation of access rights to information on different levels of the organization.

The ECP can be seen by a specific person (as an analogue of a handwritten signature) that її voicing for the confirmation of the signature of another person is not allowed.

The document, which is referred to by the EP, is signed by the ECP. For the authenticity of the clerk, the document is signed by the intercessor, duly until the release of obov'yazkiv and is corrected according to the EP without the ECP.

For the most important documents, reverification of the ECP references is possible. In times of non-confirmation of the ECP, the original document of the wine is not corrected and rotated. In case of non-confirmation of the document by the ECP, it is necessary to carry out the necessary approval.

The document, which is valid according to the EP, can be transferred to paper form with the stamp "duplicate" or other designations of the analogue of the electronic document. The correctness of the EDS is confirmed by a double sign: "ETS is valid. Operator's signature" or "ETS is confirmed. Operator's signature". The badge should be put down next to the stamp.

The organization can create its own internal corporate information system, so that spivrobitniks can win independently against the ruling court - without confirmation of the ECP. Such an electronic communication system is provided by the organization's certifier.

AT to this particular type it is possible to select documents that are transmitted (reconfirmed) without showing them on paper.

Vіdpovіv advocat - College of Advocates:

Vidpovidno up to part 1 of Art. 71 CPC of the Russian Federation with written evidence - information about the furnishings, may be important to look at that verse, acts, contracts, dovidki, business correspondence, other documents and materials, visualization in the form of a digital, graphic record, removal of the facsimile, electronic sound For other languages, it allows you to restore the authenticity of the document in a way.
Paragraph 1 h. 2 tієї g stattі is inserted, that letter proofs are submitted at the first work, or at the form of a duly certified copy.
Yakshcho MMS to avenge audio-, video-recordings, vidpovidno to Art. 77 of the CPC of the Russian Federation, a person who submits audio and video recordings on an electronic or other way, goiter must be declared, if, in such minds, these recordings have been created.
With the improvement of the daily development of communication systems, such information is stored in the memory of the telephone and can be copied to material carriers. In case of any information about the government official, information about notifications that appear automatically, as well as from the database of subscribers, is given in the order established by law for filing with the court or the competent authorities. In the case of automatic classification of the official, or other methods of complicating it, the data can be taken away only upon request.
In this way, SMS and MMS can be fixed at a specific hour for filing before the court but fixed on the material carrier and on paper. Video stories are recorded and submitted on a material basis.
The reliability of SMS and MMS will be confirmed for a specific hour for additional documentation and information about them.
Vіdpovіdno up to paragraph 11 of Art. 2 of the Federal Law dated July 27, 2006 N 149-FZ "On information, information technologies that about the protection of information "documented is important to be fixed on the material carrier by way of documenting information with details, which allow to signify її or else in the cases established by the legislation of the Russian Federation її material wear.
Special powers that regulate the procedure for such documentation are left to the legislature. That is why there are strong vimogi, which regulate the security of evidence, laws, art. 71 CPC of Ukraine, Art. Art. 102, 103 Fundamentals of Ukrainian legislation on notaries.
Valid documentation options are the following options:
- fixing, rozdrukuvannya, folding the act (protocol) of recognition from the written SMS and MMS at the presence of certificates from the designated names, names, by father, address;
- before the ship's delivery is damaged - fixation, rozdrukuvannya, compilation of the protocol, reviewing the SMS and MMS from the certification of the notary;
- at the process of looking right - at the order established by Art. 71 CPC of Ukraine. In case of any materials, they can be claimed not only by the fighters of the rights, but by the acknowledgment of the osib, but also by the operators;
- Examination, fixation, rozdrukuvannya, addition to the expert's vysnovku zmistu SMS and MMS.
This visnovok is confirmed by court practice (Designation of the Judicial Collegium in criminal rights of the Legislative Assembly of the Russian Federation, dated 12.11.2007 N 12-07-22).