Article 6. Conditions for recognition electronic documents signed with an electronic signature, equivalent to paper documents, signed with a handwritten signature
1. Information in electronic form signed with a qualified electronic signature is recognized as an electronic document equivalent to a paper document signed with a handwritten signature, and can be used in any legal relationship in accordance with the legislation Russian Federation unless federal laws or the regulatory legal acts adopted in accordance with them established the requirement for the need to draw up a document exclusively on paper.
2. Information in electronic form signed with a simple electronic signature or an unqualified electronic signature is recognized as an electronic document equivalent to a paper document signed with a handwritten signature, in cases established by federal laws, regulatory legal acts adopted in accordance with them, or an agreement between participants in an electronic interactions. Regulatory legal acts and agreements between participants in electronic interaction establishing cases of recognition of electronic documents signed with an unqualified electronic signature as equivalent to paper documents signed with a handwritten signature should provide for the procedure for verifying the electronic signature. Regulatory legal acts and agreements between participants in electronic interaction establishing cases of recognition of electronic documents signed with a simple electronic signature as equivalent to paper documents signed with a handwritten signature must comply with the requirements of Article 9 of this Federal Law.
3. If, in accordance with federal laws, regulatory legal acts adopted in accordance with them or the custom of business turnover, a document must be certified with a seal, an electronic document signed with an enhanced electronic signature and recognized as equivalent to a paper document signed with a handwritten signature is recognized as equivalent to a document on on paper, signed with a handwritten signature and certified by the seal. Federal laws, regulatory legal acts adopted in accordance with them, or an agreement between participants in electronic interaction may provide for additional requirements for an electronic document in order to recognize it as equivalent to a paper document certified by the seal.
3.1. If federal laws, regulatory legal acts adopted in accordance with them provide that the document must be signed by several persons, the electronic document must be signed by persons (authorized officials body, organization) that produced this document, by the type of signature that is established by the legislation of the Russian Federation for signing the produced electronic document with an electronic signature.
4. One electronic signature can be signed by several interconnected electronic documents (a package of electronic documents). When signing a package of electronic documents with an electronic signature, each of the electronic documents included in this package is considered signed with an electronic signature of the type that signed the package of electronic documents. The exception is cases when the package of electronic documents by the person who signed the package includes electronic documents created by other persons (bodies, organizations) and signed by them with the type of electronic signature that is established by the legislation of the Russian Federation for signing such documents. In these cases, the electronic document included in the package is considered signed by the person who originally created such an electronic document by the type of electronic signature with which this document was signed when it was created, regardless of what type of electronic signature the package of electronic documents was signed with.
Question 5. Classification of documents
Classification of documents- the distribution of documents into groups (types) based on signs of content, form of preparation, etc. in order to organize and improve the efficiency of work with them.
Classification allows you to develop certain methods of working with each group of documents, fix them in instructions, organize documents in office work. 2. Conventionally, documents can be divided into the following groups: by the way of documentation: handwritten; electronic;
Graphic;
film, photo, soundtrack;
by area of use: organizational and administrative; financial and accounting; scientific and technical; according to work; reporting and statistical;
at the place of compilation:
Incoming (received by the organization);
Outgoing (sent from the organization);
Internal (compiled and used within the organization itself);
by access restriction stamp:
open (unclassified);
with an access restriction stamp. Documents can have the following stamps:
"For official use" (official information intended only for employees of a particular organization or industry); "Secret", "Top secret", "Special importance" (information containing state secrets); "Confidential" (information, access to which is limited by the legislation of the Russian Federation);
"Commercial secret" (information that has commercial value due to its being unknown to third parties, to which there is no free access on a legal basis and in respect of which the owner of such information has introduced a protection regime);
by origin:
official (service) (affecting the interests of the organization, drawn up by a legal or natural person, issued in accordance with the established procedure); personal (concerning the interests of a specific person and being nominal);
on th ridic significance:
originals or originals (first or single copies of official documents, personally signed by the author);
copies (documents that fully reproduce the information of the original document and all of its outward signs or part of them that are not legally binding);
certified copies (copies of documents on which, in accordance with the established procedure, the necessary details are affixed, giving them legal force);
duplicates (duplicate copies of the original document that are legally binding);
in the form of presentation:
individual (the content of which is presented in free form);
stencil (when the structure, part of the document, standard phrases are prepared in advance, and the other part is filled in when compiling, for example, a certificate from the place of work);
typical (created to document standard situations, for example, business trips, and used in all organizations);
by shelf life:
permanent storage;
long-term storage (over 10 years); temporary storage (up to 10 years).
1 . Electronic document- a document in which information is presented in electronic form, with the requisites necessary for its recognition as valid.
The electronic document must comply with the following requirements:
created, processed, stored, transmitted and received using software and technical means;
be displayed (reproduced) in a form that is understandable for perception.
Electronic document may be reproduced in form and form, understandable: on the display screen; on paper;
another material object separable from the machine medium in a form accessible for visual inspection. When using an electronic document, it is not required to provide a copy of it on paper, except for the cases provided for by the regulatory legal acts of the Russian Federation or by agreement of the parties. Advantagesuse of electronic documents:
computer set of documents is minimized by using ready-made samples contained in the PC memory; computer processing of electronic documents (for example, orders for goods) is much faster than processing paper documents;
collection, systematization and search of any document or information from documents is accelerated and simplified; via Email prompt transfer of documents to any distance is carried out; storage of electronic documents allows you to save a large amount of information on small media and therefore does not require large areas for archives; the volume of routine technical operations with documents is reduced, time is freed up for solving meaningful management tasks;
the number of losses of documents, the location of which is unknown, is reduced;
it becomes possible to use the information received to prepare another document (report, summary, review, etc.), thereby increasing the efficiency and quality of the document being prepared.
Approval of the draft electronic document has the following Benefits:
reading a document on a PC screen without outputting to paper; corrections are made to the draft document;
To the disadvantageselectronic documents can be attributed: fragility of storage in comparison with paper documents;
the need for technical means for reading; the possibility of making unauthorized changes (in the absence of an electronic digital signature (EDS) or other means of protection).
3. Electronic document management- the process of movement, processing, storage and exchange of electronic documents. Participants in the exchange of electronic documents - physical and legal entities, bodies state power RF, bodies local government participating in the exchange of electronic documents.
Sender of an electronic document- a participant in the exchange of electronic documents who draws up an electronic document, signs it with his EDS and sends it to the recipient's address directly or through an information intermediary.
Recipient of an electronic document- the participant in the exchange of electronic documents, to whose address the electronic document was received.
Intermediary in the exchange of electronic documents (information intermediary)- legal entity or individual entrepreneur, which performs services related to the exchange of electronic documents between senders and recipients of electronic documents.
When exchanging electronic documents, information protection means must be used in accordance with the requirements of the regulatory legal acts of the Russian Federation.
An electronic document is subject to verification to confirm its authenticity by means of EDS verification. The confirmation of the authenticity of the electronic document is carried out by the recipient of the electronic document using the EDS verification tools provided to him by the sender or distributor of the EDS verification tools. The authenticity of the electronic document It is considered confirmed if, as a result of the fulfillment by the recipient of the electronic document of the procedures provided for by means of verification of the digital signature, the invariability of all its details is established. Electronic document managementregulated by regulations:
state;
cross-industry;
industry-specific;
local (enterprises).
Legal regulation in the field of electronic documents circulation directed:
to implement a unified public policy in the field of electronic documents circulation;
ensuring the security and protection of information during its creation, processing, storage, transmission and reception;
ensuring the rights and legitimate interests of users of electronic documents;
legal support for the technology of creation, processing, storage, transmission and reception of electronic documents. Work with electronic documents sent by e-mail is carried out similarly work with paper documents. Therefore, electronic document management is also called automated office work. Each subscriber in e-mail is assigned an individual mailbox, which is assigned a user code, and the exchange of electronic messages is carried out through these mailboxes.
The sender of the electronic document creates a message file, specifies its name, date, time of sending, and starts the email sending program.
Electronic documents are sent to the addressees in accordance with the instructions for the mailing list.
The addressee receives the document on the PC screen, which, if necessary, can be transferred to paper. Using a PC, electronic documents are registered.
The manager, having received an electronic document, puts a resolution on it, and the document is sent to the PC to the performer (performers) via the internal network.
Electronic Document Execution Process similar execution of paper documents. Electronic document circulation is constantly growing, especially in connection with the development of Internet commerce. Storage period for electronic documents same, as with paper ones (for example, bank notices and transfer requirements - 5 years). Storing files for such a period can lead to their loss, therefore it is recommended to create special archives of electronic documents on CD-ROMs.
At storage of electronic documents in the electronic archive must be ensured:
protection of electronic documents from unauthorized access and distortion;
the ability to provide interested parties with access to stored electronic documents in the manner prescribed by regulatory enactments;
the ability to confirm the authenticity of electronic documents during the entire period of their storage;
the ability to present stored electronic documents in the form of a hard copy.
Development in the future electronic document management focused on the maximum use of electronic documents, which implies a change in the existing domestic traditions of office work and the gradual abandonment of paper information carriers.
Now almost all self-respecting enterprises are abandoning paper workflow, replacing it with a more modern one. An electronic document is the most relevant form of existence of all modern files containing a huge amount of the most important information.
Main advantages
The main advantage of electronic documentation is that it allows you to work quickly and efficiently. It is easy to sign materials in this format, even if all those who need to endorse them are far from each other. Due to this, it is possible to save a huge amount of money and effort.
Among other things, the presence of an electronic archive avoids the need to contain a huge number of documents in an organization. For storage of the accumulating papers, you will need to allocate an appropriate area on the territory of the enterprise, as well as hire a highly qualified archivist who will be able to quickly understand the available materials. To store an electronic archive, you only need compact removable media or a few hard drives.
Diadoc's electronic document management system is the easiest way to exchange legally significant electronic documents and invoices.
What is ED
An electronic document is a material that is recorded on special media (disks, USB sticks, additional equipment).
It can be a whole collection of images, sound files and symbols. Such a file can be transmitted in space and time using special telecommunication means. Telecommunication channels can also be used for publication, storage and further processing. The main thing here is to correctly process all existing data.
Also, such a document should be understood as a special form with which you can use the data for completely different purposes. It is about recording information on electronic or magnetic material carriers, and then about their further processing and sending to all participants in the data correction process.
All documented materials that have been converted into electronic format are suitable for processing in existing information structures and transmission via TCS. All these files are amenable to analytical processing, which can be done using information systems.
Electronic document and EDS
Electronic documents must have legal force, otherwise they cannot be used when working with other structures. You can secure the action of a document using an electronic digital signature, which has the same capabilities as an ordinary paper one.
An EDS will be relevant if a number of conditions are met during its formation:
- the certificate of the key that controls the operation of the signature must be current at the time of the endorsement of electronic files;
- evidence must be provided to determine when the file was signed;
- the authenticity of the digital signature must be confirmed in the same file where it is used;
- the signature should be used in accordance with the information indicated in the attached certificate.
To obtain such a signature, you will need to contact a certification center. In this case, it is necessary to prepare a package of documents in advance. The location of the organization can be clarified at the territorial office of the Pension Fund of Russia, where you can also get SNILS.
In addition to SNILS indicated in the pension certificate, you will need to provide a copy of your passport and a valid e-mail. In addition, you need to prepare in advance a USB-drive, on which the employees of the certification center will have to write down the keys and certificates necessary for the approval of electronic documents.
The details of an electronic document are valid only if it is certified digital signature... EDS is of equal importance with the paper counterpart, however, all the necessary conditions must be met for this. The signature must be legal, registered with the CA.
Electronic documentation
The concept of an electronic document provides that it can consist of more than characters that are understandable to users. The presence of unstructured information is allowed, which must be decrypted operating systems... The main thing is that the material must be saved on a special medium.
An important part of the document is also a form with a set of attributes required to describe it. Thus, the file should contain information about:
- the date of its formation;
- data author;
- the name of the document;
- format, which is necessary for the correct reading of the materials.
The more detailed information about an existing document is, the easier it will be to work with it in the future. Electronic document and electronic document flow are closely interconnected, without the first, the second is impossible. At the same time, the circulation of materials is greatly simplified if the organizations exchanging information use the same telecommunication systems and software equipment.
Electronic documentation can contain materials that can be used to search for files or classify them according to certain criteria. All existing files can have different permissions, they also may not carry any structured elements. In this case, an electronic document directly depends on its owner. Structured materials can have special elements, with the help of which external additional applications can receive data about individual elements of the file.
Paper and electronic documents cannot be compared with each other, because digital has a number of advantages. Among them:
- the possibility of long-term storage;
- convenience in performing additional operations (editing, deleting, archiving, etc.);
- the ability to search for data within files using key markers;
- ease of handling materials using automated systems used by organizations practicing electronic circulation.
Now there are several formats of electronic documents, but the most popular is the "odf" format, which is convenient when working with any software.
The concept and structure of an electronic document can vary significantly. The software for processing it has a huge impact on this. Separately, materials processed using 1C should be highlighted. Such files differ significantly from others, since they are not separated into separate documents. They can be considered only as an information unit with unique identifiers and modification tools.
Such documentation can also include materials that are created as a result of the vigorous activity of applied information systems. They are dynamically generated using existing material stores. Thus, they do not carry any information about themselves, they can only be considered with the help of the system.
As soon as a document is printed or viewed, it ceases to exist in the system as an object. From this moment on, it functions as a special application. In the event that the file needs to be opened with other software, you will have to convert it.
What electronic documents exist
An electronic document is a file containing certain information that is not always clear to the user. To create archives and collections of these files, you need to know their classification.
- In one embodiment, the materials may differ in the presence or absence of similar printed documents.
- Files can also differ in what kind of information they contain. This classification refers to:
- text,
- fine,
- sound,
- multimedia publications,
- software products.
The latter should be considered as alienated works or publications of separate fragments of program texts and codes.
- The largest classification should be considered the types of electronic documents for their intended purpose. Most often, there are official publications that are published by government agencies, they usually contain regulations.
- Production publications are used in factories. They carry information about the organization of the existing production. Some materials were specially created to inform employees of certain production areas about the existence of norms and requirements when they are on the territory of enterprises.
- Educational and reference editions are produced that are easy to use. Find necessary information in such a file can be done in a few seconds, this saves a huge amount of time and effort. Such documents can be used not only by students, but also by teachers.
- Political parties quite often use electronic publications as campaign materials. They contain public works that are intended for a wide audience of readers. In such materials, most often find analytical information used by political scientists and sociologists around the world.
- Another classification of documents distinguishes them by the method of distribution. There are local editions that can be used within a single enterprise, they are also issued in paper versions and in a limited number of identical copies.
- Online editions are intended for widespread use, their number is not limited. Additional paper copies in this case are not required, this increases the value of the electronic document several times. Such documents can be easily sent to archives.
Electronic file documents - a requirement of modern society
Now you know what an electronic document is, what types of it exist, and how they can be used in Everyday life... In this case, the information can be stored in files in an encrypted format. To work with them, you will need to use existing passwords, which can be changed at any time.
Any user of telecommunication communication channels has the right to create their own documents. The only thing that he needs for this is the presence of special software. The storage period for such files is unlimited. You can perform any operations with them at any time.
It is not always easy to link traditional office work with electronic document management. In this article, you will find answers to the five most popular questions about electronic documents. We will tell you what an electronic document is, when it can and should be transferred to paper, how to make electronic exchange of documents legally significant, how to issue an electronic document as an attachment to a paper letter, and how to store electronic documents.
QUESTION 1: WHAT IS AN ELECTRONIC DOCUMENT?
An electronic document holds its entire life cycle- from creation to destruction - in in electronic format... A printed electronic document - like a scanned paper document - is just a copy of the original.
V last years theory and practice of office work seek to "make friends" electronic and paper documents in order to keep pace with the rapidly leaving the online space of document flow and at the same time preserve its legal significance. For example, there are several variants of an e-mail, of which only one is a real electronic document:
- a letter signed with an electronic signature is a real electronic document;
- the message sent by e-mail is not a document, but it can be, provided that the participants in the communication have agreed on this;
- A scanned copy of a letter on paper is not an electronic document, but if the sender and recipient have agreed that the exchange of such copies is legally binding, then such a copy sent by e-mail can be equated to an e-mail. We will talk more about this in the answer to the third question.
QUESTION 2: WHAT MEDIA TO USE THE ELECTRONIC DOCUMENTS ON?
You can work with electronic documents both online and on paper. Of course, it is easier and faster to exchange electronic documents using e-mail or an electronic document management system (hereinafter - EDMS), but this is not always possible. The result is paper copies of electronic documents.
Print email to work on it, you can, but do not forget: if you are exchanging letters with the addressee on an electronic platform, then the answer to this letter must be electronic. Moreover: a citizen can demand to send him a response to his appeal by e-mail.
The internal rules of the organization may establish that a certain document exists only in electronic form. As a rule, service notes are the first to be displayed on the online space. Employees exchange them in the EDMS, cloud services or by email.
However, there are norms that prescribe the printing of electronic documents in order to place them in the file on paper.
QUESTION 3: HOW TO MAINTAIN LEGALLY SIGNIFICANT DOCUMENT FLOW USING ELECTRONIC DOCUMENTS?
Electronic documents are signed with electronic digital signatures (hereinafter referred to as EDS). At the same time, only a strengthened qualified EDS, that is, registered in a certification center accredited by the Ministry of Telecom and Mass Communications of Russia, is an absolute analogue of a handwritten one. It can be used when communicating with government bodies... Organizations can communicate with each other using documents signed by any type of EDS: enhanced qualified, enhanced unqualified or simple. What kind of digital signature to use must be specified in the agreement.
Fragment of an agreement on its use by the parties electronic signatures is given in Example 1.
If desired, the parties can stipulate in the agreement that messages in mail clients and messengers, sms messages are legally binding.
QUESTION 4: HOW TO ATTACH AN ELECTRONIC DOCUMENT TO A PAPER LETTER?
Packages of documents are sent from the organization with cover letters. Electronic documents are no exception. But sometimes you need to send a cover letter with several paper and several electronic attachments. In this case, you first need to prepare an electronic application: burn it to a CD or flash card. Then write a cover letter. Lastly, place the insert in an envelope with a disk or flash drive.
Main props cover letter- variable 19 "Application note".
Here are examples of a cover letter (Example 2) and a disc cover (Example 3).
QUESTION 5: HOW TO STORE ELECTRONIC DOCUMENTS?
The main principle of storing electronic documents is no discrimination by the medium! The archiving rules are the same for both paper and electronic files. However, there are some peculiarities for storing electronic documents. They are specified in the Rules for organizing storage, acquisition, accounting and use of documents from the Archive Fund of the Russian Federation and other documents in government bodies, local governments and organizations (hereinafter - Rules 2015).
An electronic document, before being sent for storage, is unloaded from the program in which it was created and saved in an unmodifiable format: The 2015 Rules recommend PDF / A, but the organization will have to purchase software to work with it. The optimal format for saving electronic documents that will suit many organizations is PDF.
An electronic file is recorded on a separate electronic carrier. The best option is a write-once CD. The 2015 rules require you to record an electronic file on two discs: one copy is a working copy, the second is the main one. This applies only to cases of permanent and long-term (over 10 years) storage periods. If the file has a five-year retention period, then it can not be transferred to the archive, simply by saving it in an unchangeable format. If such a case still needs to be transferred to storage, then it will be enough to write it to one disk.
For each case, a cover is drawn up (Example 4).
Electronic files on disks are transferred to the archive in accordance with the procedure adopted in the organization.
SUMMARY
- Electronic documents from creation to destruction exist in electronic form.
- You can work with electronic documents in any medium.
- The organization establishes the rules for the exchange of electronic documents in an agreement with each other.
- An electronic document can be attached to a paper letter. The application is drawn up in accordance with GOST R 7.0.97. System of standards on information, librarianship and publishing. Organizational and administrative documentation. Requirements for paperwork.
- Electronic documents are transferred to the archive of the organization on CDs, drawn up in accordance with the 2015 Rules.
An electronic document is documented information presented in electronic form, that is, in a form suitable for human perception using electronic computers, as well as for transmission over information and telecommunication networks or processing in information systems(Clause 11.1, Article 2 of the Federal Law dated July 27, 2006 No. 149-FZ "On Information, information technology and on the protection of information ").
According to the definition presented in clause 3.1 "GOST R 7.0.8-2013. National standard of the Russian Federation. System of standards for information, library and publishing business. Office work and archival business. Terms and definitions" (approved by the Order of Rosstandart dated 17.10.2013 No. 1185-st), an electronic document is a document the information of which is presented in electronic form.
At the same time, an electronic document is characterized by:
- authenticity - a property of an electronic document that guarantees that the electronic document is identical to the declared one;
- credibility - a property of an electronic document in which the content of an electronic document is a complete and accurate representation of the confirmed transactions, activities or facts and which can be trusted in subsequent transactions or in subsequent activities;
- integrity - the state of an electronic document, in which no changes were made after its creation;
- suitability for use is a property of an electronic document that allows it to be localized and reproduced at any time.
Based on this, we can conclude that an electronic document is any document that is presented in electronic form, including it can be a scanned image of a document, a file typed in a text editor, etc.
Moreover, electronic documents can be formalized, i.e. compiled in such a way that allows using software tools recognize their content, and non-formalized (for example, scanned copy).
Within the framework of the exchange of electronic documents, the parties can use both formalized documents and non-formalized ones. The exceptions are cases when legislation has approved a mandatory format for the exchange of a specific document (for example, the format of an invoice). But if the document is not formalized, its acceptance and recognition is possible only with the participation of a person.
In order to exchange documents in electronic form without human participation in the recognition of the text of these documents, it is necessary to draw up all documents in a formalized form, i.e. in the format that can be used by the software of all participants in the exchange.
