Заказать звонок


Ваше сообщение успешно отправлено!

How to sign contracts online in Russia

Of course, the question of how to get rid of paper business has been asked for a long time, but in the context of the pandemic, it has become acute.

Let's try to understand the main steps for introducing electronic document management.

Select the signing method.

The law allows several ways to conclude a contract:
  1. Handwritten signature of the Treaty;
  2. Signing a contract using a TSA (analogous to a handwritten signature), including an electronic signature;
  3. The acceptance of the offer (clause 3 of article 438, section 3 of article 434 of the civil code);
  4. Acceptance of the terms of the agreement and accession to them by making a transaction specific actions (for example, payments).
Signing an agreement on the use of TSA.

In paragraph 2 of article 160 of the civil code of the Russian Federation, it is stated that the use of an analog of a handwritten signature
Signatures (APOS) are allowed in cases defined by law or by agreement of the parties. Types of TSA are facsimile, electronic signature (clause 4 of article 11, 149-FZ) or any other way of reproducing the signature when making a transaction.

To use a simple electronic signature for signing documents, the parties must first conclude an agreement, according to which the parties recognize the equivalence of the PES and the handwritten signature.

When using an offer acceptance or a definitive action confirming the conclusion of a contract, you do not need to enter into a preliminary agreement on the use of the TSA, since by virtue of article 438 of the civil code of the Russian Federation, an agreement on the use of the TSA is not required for such actions.

Simple Electronic Signature (SES).

In article 4 of 63-FZ it is specified that the participants of electronic interaction in the right to use electronic signature in any format at its sole discretion, if the requirement to use specific electronic signatures in accordance with the purposes of its use are not provided by Federal law or adopted in accordance with them normative legal acts or by agreement between participants of electronic interaction.

Under clause 2, article 5 63-FZ of SES is an electronic signature which, by using codes, passwords or other means, confirms the fact of formation of an electronic signature by a certain person. It follows that the parties can agree on different forms of SES used: both the SMS code and email addresses that messages are sent from, your account username and password, URL link sent to your phone number, and so on.

An electronic document signed by the SES is an original equivalent to a document signed in one's own hand, and not a copy of such a document. To use SES must ensure that the probes contained in the electronic document, and probes must be used in accordance with the rules established for its use (normative act, the agreement of the parties), as well as electronic document it is possible to identify the person who signed it (article 9 63-FZ).

The SES can also be used for processing primary accounting documents that are not required by law to use another type of signature (for example, according to article 169 of the tax code of the Russian Federation, an invoice can be signed with an enhanced qualified signature). When using a SES for signing documents that are submitted to a state or municipal authority, please note that the rules for using SES established by the parties to the agreement do not apply to such a body, since it is not a party to such an agreement. To send a document signed by the SES to a state or municipal authority, you must comply with the requirements for the SES imposed by the relevant authority.

Record the fact that the APP is being used with a log file.

It records the fact that an EIP is placed, as well as the fact that certain buttons are clicked on the site.
Log files are accepted by the courts as evidence quite readily.

In the next article, we will discuss the exchange of scanned copies and concrete actions as a method of electronic document management.


Пожалуйста, подтвердите подписку. Письмо отправлено вам на почту.

Следите за нашими новостями

Только полезные материалы.
Без спама

Made at Nowmedia
+7 (495) 120-28-16 info@zarlaw.ru
Consultant is available on business days, 10:00–19:00 Moscow time