In this article we will tell you what an electronic signature is, what types of electronic signatures are offered on the market and how to choose what you really need.
In the modern economy with the development of information technologies and the advent of electronic document management, signing a file in a graphical way does not make any sense. The signature of an authorized person, entered in an electronic document in a graphical way, can be easily forged. This led to the emergence of an electronic signature, the mathematical algorithm of which excludes the possibility of forgery.
What is an electronic signature. It is not difficult to answer this question. An electronic signature (previously the term "electronic digital signature" was used) is information in electronic form that serves to identify the person signing an electronic document.
If the graphic signature along with the seal (for legal entities) is included in the list of mandatory requisites of a paper document, then an electronic signature is a full-fledged requisite of a document in electronic form. It protects information from forgery, distortion and allows you to uniquely identify the signer who owns the key.
The electronic signature verification key certificate contains:
The unique number of the certificate of the electronic signature verification key, the start and expiration date of such a certificate;
Surname, name and patronymic (for individuals), name and location - (for legal entities) and other information that allows you to identify the owner of the certificate of the electronic signature verification key (INN, PSRN, KPP, full name and position of the owner, etc.);
A unique key for verifying the electronic signature;
The name of the certification authority that issued the electronic signature verification key certificate.
The use of electronic signatures in Russian Federation regulated by the Federal Law of April 6, 2011. No. 63-FZ "On Electronic Signatures".
In accordance with Art. 5 of the Federal Law No. 63-FZ, the types of electronic signatures are a simple electronic signature and an enhanced electronic signature. A distinction is made between an enhanced unqualified electronic signature and an enhanced qualified electronic signature.
Avoiding complex technical terms, we can say that a simple electronic signature and an enhanced unqualified electronic signature are similar to a graphic signature on documents, and an enhanced qualified electronic signature is equivalent to a signature certified by the organization's seal. To create an enhanced qualified electronic signature, crypto protection mechanisms are used that have been certified by the FSB of the Russian Federation.
An electronic signature is usually made in the form of USB-sticks ("flash drive", "token"). Less commonly, smart cards, floppy disks, Touch-Memory tablets are used to store the key.
An electronic signature can be used for document management purposes both within the company and with external structures, to interact with government agencies, as well as to access government services or to participate in trading on electronic trading platforms.
The electronic signature for tenders provides access to electronic trading platforms for purchases of the federal and municipal levels, commercial sites and sites for bankruptcy and property sales.
Let's try to figure out what kind of electronic signature is required for public procurement participants. To do this, let us turn to Federal Law No. 44-FZ "On the contract system in the procurement of goods, works, services to meet state and municipal needs." Entered into force on July 1, 2018 the edition of Article 5 of Federal Law No. 44-FZ gives an answer to this question:
It is allowed to exchange electronic documents between participants in the procurement contract system, including the submission of applications for participation in determining suppliers (contractors, executors), final proposals. Specified bids, final bids and electronic documents must be signed with an enhanced electronic signature and filed using an electronic platform, a specialized electronic platform.
-qualified key certificates checks of electronic signatures intended for use by participants in the procurement contract system (with the exception of procurement participants who are foreign entities) are created and issued by certification centers that have received accreditation for compliance with the requirements of Federal Law No. 63-FZ of April 6, 2011 "On Electronic Signatures ".
So, if your company plans to take part in public procurement carried out in electronic form, in order to submit applications you will needenhanced qualified electronic signature.
For the organization of document flow with other state bodies - for example, the Federal Tax Service, PF, FSS, or filing a complaint with the FAS, an enhanced qualified electronic signature is also required.
Who is it worth to issue an electronic signature to the procurement participant. The simplest and most logical option is for the head of the company, unless, of course, he is against it. If the manager prefers to focus on managing the company, does not have free time to personally engage in the company's participation in public procurement and prefers to assign this responsibility to his subordinates (you must admit, it can also be understood), then the following distribution of the roles of electronic signature users in the organization is possible:
Administrator - manages accounts, registers or blocks electronic signatures, makes changes to information about the organization;
Authorized specialist - sends requests for clarification of procurement conditions, submits applications for participation in auctions, submits price proposals (participates in tenders), draws up the return of the security for tenders;
Specialist with the right to sign a contract - signing contracts in case of winning the auction.
But this is, perhaps, only relevant for large companies. In practice, in small and medium-sized companies, an electronic signature is often issued to the manager, and it is used on his behalf by an employee authorized by the manager, to whom the electronic medium is transferred.
To obtain an electronic signature, you must contact any of the accredited certification centers, providing the necessary package of documents. For legal entities, an approximate list of documents will look like this:
1. Application form for the production of an electronic signature.
2. A copy of the Certificate of state registration of a legal entity.
3. A copy of the Certificate of Registration with the Tax Authority.
4. A copy of the document on the appointment of the head, certified by the signature of the head and the seal of the organization, if the EDS key certificate is made in the name of the head of the organization.
5. Power of attorney confirming the authority of the owner of the EDS key certificate, certified by the signature of the head and the seal of the organization, if the EDS key certificate is issued in the name of an authorized representative of the organization.
6. A copy of the passport of a citizen of the Russian Federation, in whose name the certificate of the EDS key is made (the owner of the certificate).
7. Consent to the processing of the user's personal data.
The composition of the package of documents for various certification centers may differ slightly.
To work with an electronic signature, you need to properly configure your computer ( workplace) of the user. In particular, you need to install:
The "Crypto-PRO" program is a paid license (for a year) and the program itself (distribution kit) is usually sold complete with an electronic signature. It is possible to install the program free of charge without a license number for a trial period of 3 months;
CAPICOM library (free download);
For some electronic trading platforms, it may be necessary to install additional client programs and customizers.
In this article, we will not dwell on the process of setting up a workstation for an electronic signature user. If necessary, we recommend that you use the services of specialists. Work on setting up the workplace can be done remotely.
And what about the customer public procurement- he also needs an electronic signature. As well as the procurement participant, the customer needs an enhanced qualified electronic signature. But he will receive it not in the certification center, but in the corresponding territorial department of the Federal Treasury. On the official website of this institution, you can familiarize yourself with the procedure for obtaining electronic signatures.
Unlike procurement participants, government customers are required to issue an enhanced qualified electronic signature.
In conclusion of the topic, let's say a few words about the use of electronic signatures for organizing purchases under Federal Law No. 223-FZ.
For a legal entity acting as a customer, it is necessary to go through the mandatory registration procedure in the Unified Identification and Authentication System (ESIA). This system was created by the Ministry of Telecom and Mass Communications of the Russian Federation within the framework of the e-government infrastructure and is designed to streamline and centralize the process of registration, identification, authentication and authorization of users.
To register with the ESIA, you must use a qualified electronic signature issued in the name of the head of the legal entity or a person entitled to act on behalf of the legal entity. Such certificates are issued by certification centers accredited by the Ministry of Telecom and Mass Communications of Russia.
At the same time, for placement in the EIS, customers are allowed to use both certificates issued by the certification center of the Federal Treasury and certificates issued by accredited certification centers under 223-FZ. The certificate must contain the following information: full name of the user, SNILS of the user.
All the features of working in the EIS within the framework of Law No. 223-FZ, including registration and posting of information, are described in detail in the instructions posted in the public part of the site zakupki.gov.ru.
As for participants in purchases conducted under Federal Law No. 223-FZ, the requirements for the electronic signatures used are determined by the corresponding electronic trading platforms where electronic procedures are carried out. Considering that the number of commercial ETPs exceeds 4 thousand, we will not dwell on this topic in detail. We only note that such information can be easily found on the website of the corresponding electronic trading platform. 
Procurements carried out in accordance with Federal Law No. 185-FZ "On the Fund for Assistance to the Reform of Housing communal services". Within the framework of this law, the Fund's territorial organizations carry out the procurement of work on the overhaul of apartment buildings. In accordance with the Decree of the Government of the Russian Federation No. 615 of 01.07.2016, the procurement procedure is similar to the procedure for the procurement of goods, works, services for state and municipal needs (44-FZ Accordingly, the requirements for an electronic signature look similar.
If you have any difficulties with choosing or obtaining an electronic signature, you can always turn to the specialists of the Credit Insurance Agency for help by leaving a request on the website: We will help you get the necessary electronic signature as soon as possible at the prices of the certification center.
Use your time to develop your business, entrust the solution of problems with participation in government or corporate procurement to specialists!
Credit Insurance Agency is your reliable assistant in the field of public procurement!
I will try to tell you without water what an EDS is and how to choose it for participation in Public Procurement. I already told, and decided to supplement the topic with a more detailed guide. So let's get started.
Why do you need an EDS
In a nutshell, the Digital Signature allows you to participate in electronic auctions. An unexpectedly short answer, but nothing else to add.
How to choose a digital signature for 44 fz
During my work as a tender specialist, I received more than 70 EDS and, being directly dependent on this tool, put forward two requirements:
First, the maximum possible territorial coverage service centers... Our country is large, my clients are located from Bratsk to Sevastopol. The client must calmly receive a signature in his city. By “get quietly” I mean: quickly and without imposing additional services.
Secondly, the price should not bite.
I stopped my choice on Contour and here's why: As of October 2016, the company has 6,600 service centers open in Russia and the price of an EDS for five federal sites is 5,000 rubles. 
Supported sites:
44 fz:
Sberbank - AST
ETP MICEX "State purchases"
Unified electronic trading platform (UETP, public procurement)
RTS tender
ZakazRF
223 fz:
ETP 223.ZAKAZRF.RU
UTS Group of Companies
USP Sberbank-AST
223etp.zakazrf.ru
Bidding bankrupts
ESET "B2B-Center"
USP Sberbank-AST
Commercial bidding
ETP "TZS Elektra"
ESET "B2B-Center"
ETP "Auction Competition House"
ETP "BashZakaz"
Trading System "GazNeftetorg.ru"
Competitive bidding "Siberia"
ETP AIS RZ-NEFU
ETP Siberian Agrarian Group
Implementation of block cargo transportation by JSC "Aeroflot"
Electronic auctions in Siberia
Electronic platform of JSC "Far Eastern Energy Management Company"
UTS Group of Companies
USP Sberbank-AST
And:
Purchases for the needs of the Kaluga region
State Order Committee of the Vologda Region
Department of Municipal Procurement of the Administration of the City District of Voronezh
Allows you to work on portals:
Service bank guarantees Fintender
Fintorg
ETP Portal of suppliers in Moscow
Belarusian Universal Commodity Exchange
South Urals Supplier Portal for Low-Volume Purchases
To apply for an EDS, follow this link and in the window that opens, click on the red button: To order.
Page opened Application, here you need to indicate the city where you want to get a signature and leave your contact information, organization name or name Individual entrepreneur... Then click on the button: Send a request.
From July 1, 2018, all public procurement participants when exchanging electronic documents in the procurement contract system, including when submitting applications for participation in determining a supplier (contractor, executor) and final proposals, will be required to sign such documents with an enhanced qualified electronic signature. Currently, an enhanced unqualified electronic signature is used.
Let's figure out what caused the need to use a qualified electronic signature. Let us analyze the currently existing legislative nuances that need to be taken into account and eliminated for correct work public procurement systems. Let us consider the differences between a qualified and unqualified signature, as well as the peculiarities of obtaining a qualified certificate of an electronic signature verification key (hereinafter referred to as a qualified certificate) in a certification center.
Large-scale changes were made to the legislation on public procurement, which imply the "electronization" of the procurement process (hereinafter - Law No. 44-FZ, as amended, hereinafter - Law No. 504-FZ). From July 1, 2018, customers have the right to determine suppliers (contractors, performers) through electronic procedures, that is, open tenders, tenders with limited participation, two-stage tenders, requests for proposals and requests for quotations they will be able to carry out in electronic form.
Competitive procurement, in which only SMEs are participants, according to the amendments made to (hereinafter - Law No. 223-FZ), will also need to be carried out in electronic form ().
The above changes will unify the procurement methods, reduce the financial and labor costs of the participants in comparison with the "hammer" bidding.
The amendments minimize the corruption component and the likelihood of concluding cartel agreements.
The anonymity of the submission of applications and their objective assessment by the customer will be guaranteed.
The changes also contribute to meeting the requirements (Astana, May 29, 2014). As a reminder, it provides for the need to ensure unhindered access of potential suppliers and suppliers of the Member States to participate in procurements carried out in electronic format, by mutual recognition of an electronic digital signature made in accordance with the legislation of one Member State by another Member State.
A qualified electronic signature is one of the essential tools public procurement systems. Its introduction will reduce the costs of participants, since one signature will be applied at all sites, and expand the number of participants. Electronic procedures for SMEs within the framework will be carried out using the same operators as for procurement, and using a single mechanism for accreditation and registration of participants.
Electronic procedures will be carried out on electronic platforms. Closed electronic procedures (closed competition, closed competition with limited participation, closed two-stage competition, closed auction), by decision of the Government of the Russian Federation, will be held at specialized electronic platforms.
A single register of procurement participants will appear in the EIS, which will ensure interaction between sites. It will contain all the necessary information about the participants and their documents. From January 1, 2019, the registry will be maintained by federal body executive branch, authorized by the Government of the Russian Federation.
Only persons registered in the EIS will be able to take part in the procurement. At the same time, registration of a participant in the system and his accreditation on the electronic platform are carried out for a period of three years.
From January 1 to December 31, 2019, participants previously accredited on electronic platforms must register in the EIS to continue participating in electronic procedures.
From January 1, 2019, accreditation of all procurement participants will be carried out only after registration in the EIS.
The submission of an application for participation and the conclusion of a contract with the winner of the purchase is provided on the electronic platform by its operator. It is allowed to charge a fee for participation in an electronic procedure or a closed electronic procedure from the participant and (or) the person with whom the contract is concluded.
For e-procurement to work properly, a number of by-laws must be adopted by July 1, 2018. The most difficult and responsible for the adoption are the new requirements for operators of electronic sites and the list of operators of electronic sites.
In addition to the above documents, you also need:
In addition, it will be necessary to eliminate the legislative uncertainty regarding the "enhanced electronic signature", which in the future may lead to a conflict in law enforcement practice.
Currently under an enhanced electronic signature to be used for signing electronic documents in the procurement contract system, a reinforced unqualified electronic signature is understood.
Before the start date of the operators of electronic platforms established by the Government of the Russian Federation, purchases by means of electronic procedures are carried out at previously selected electronic platforms (as amended).
Until the date of approval of the new list of operators of electronic sites, the procedure for the functioning of existing electronic sites is determined by the Agreement on the operation of an electronic site for holding open auctions in electronic form dated May 4, 2010 (hereinafter referred to as the Agreement) concluded by the Ministry of Economic Development of Russia and the FAS of Russia with each of the selected operators. The procedure for obtaining certificates of keys for verifying electronic signatures of procurement participants and using a strengthened unqualified electronic signature is regulated by the Regulations for obtaining certificates of signature keys and using an electronic digital signature (Appendix No. 7 to the Agreement).
Unified and additional requirements for operators of electronic platforms, which, among other things, provide for requirements for an agreement on the operation of an electronic platform, are established by the Government of the Russian Federation (as amended). It approves the list of operators of electronic platforms that meet uniform and additional requirements (as amended).
Thus, there may be a conflict between the norms of the Agreement and.
In case of non-approval by July 1, 2018 of uniform and additional requirements to the operators of electronic sites and the list of operators of electronic sites, it will be impossible to unambiguously determine the type of electronic signature used by the participants (unqualified or qualified electronic signature).
The transition of operators of electronic sites to the new GOST without making appropriate changes to the Agreement will be a violation of the current procedure for the functioning of electronic sites.
The head certifying center (the Ministry of Telecom and Mass Communications of Russia) has not yet switched to the use of the new GOST, which makes it impossible for all accredited CAs and operators of electronic platforms to switch to it.
Also, after making the necessary legislative changes, approving the requirements and the list of operators of electronic platforms, the operators will be obliged to refuse to public procurement participants in their use in electronic document management systems of unqualified certificates manufactured by the CA before July 1, 2018 and which have not terminated by this date. Such participants will have to bear the additional costs of acquiring qualified certificates.
To avoid negative consequences will require the introduction of a "transitional period" at the legislative level, during which it will be possible to use both unqualified electronic signatures and qualified ones on electronic platforms. The adoption of the relevant amendments will allow minimizing additional financial costs of public procurement participants.
It will also be necessary to establish a time frame in which operators of electronic platforms will be required to switch to cryptographic information protection tools that support the new one.
If the list of operators of electronic platforms is not approved by July 1, 2018, participants may need clarification about what type of electronic signature should be used in electronic document management systems of electronic platforms.
It is possible to obtain a qualified certificate of the electronic signature verification key only in a certification center accredited by the Ministry of Telecom and Mass Communications of Russia. The choice of the center should be approached very carefully. The best sign his conscientiousness will be an invitation from him to come personally and personally sign an application for the issuance of a qualified certificate. This may seem less convenient than doing everything remotely, but it will protect you from the risks of obtaining a qualified certification by third parties.
The use of a handwritten power of attorney also poses significant risks that should be avoided.
If you receive a qualified certificate from an "agent" - a trusted person of the certification authority, be sure to ask him who issued the certificate, and also request documents and licenses of the certification authority.
When concluding a contract, pay attention to the conditions specified in it. The subject of the agreement should be the provision of specific services to ensure legally significant electronic document flow in terms of issuing a qualified certificate.
Compliance with the above requirements will allow you to avoid negative consequences that may arise in relations with the certification center when obtaining a qualified certificate.
To register on the Supplier Portal today, several important conditions must be met. In particular, registration is possible only if a potential participant has a qualified electronic digital signature (EDS) made for participants in an order placement in accordance with Federal Law No. 44-FZ of 05.04.2013 ensuring state and municipal needs ”. (EDS for 44 FZ). EDS for the Supplier Portal must be issued by an authorized certification center of electronic trading platforms.
If you need a qualified electronic signature to participate in the Supplier Portal, contact the National Certification Center. Use the information from our catalog and fill out the appropriate application. Our experts will check it and, if any inaccuracies are found, they will contact you as soon as possible.
Thus, obtaining and using an EDS for the Supplier Portal does not require any special legal or technical skills.
In order to improve the interaction of participants in the placement of government orders in the implementation of purchases of "small volume", regulated by Art. 93 of the Federal Law, the Moscow Supplier Portal was created. Let's list its main tasks and advantages:
Optimal conditions for doing business
Having received an EDS for 44 FZ, commercial organizations will be able to discover a large market of new customers. After all, all budgetary organizations of the capital must conclude contracts for the receipt of goods or services only through the Supplier Portal. EDS for 44 FZ will be required for registration on this Portal, and will allow you to conclude direct contracts with state employees for an amount not exceeding 100,000 rubles. We would like to draw the attention of our potential clients to the fact that no auctions are carried out in the electronic store. The supplier portal is a chance to conclude a direct contract with a budgetary organization and immediately start cooperation.
Another law regulating procurement is 223-FZ (Federal Law of 18.07.2011 N 223-FZ (as amended on 29.06.2015) "On the procurement of goods, works, services by certain types of legal entities").
It regulates procurement:
In accordance with 223-FZ, the following definitions of the parties to the procurement are used: the customer and the procurement participant.
For the purposes of registration of Customers under 223-FZ on the Official website Zakupki.gov.ru, the Unified Identification and Authentication System (ESIA) is used. To carry out authorization in the unified identification and authentication system (ESIA), you need a qualified electronic signature 223 FZ issued by an accredited certification center. So that the electronic signature under 223 FZ was received strictly within the framework of current legislation, we suggest contacting the managers of our company to obtain all the necessary information.
We draw your attention to some of the nuances of the procedure. EDS for 223 FZ differ from the certificates with which activities are carried out on trading floors. Our specialists will be able to inform each customer in detail about the type of electronic signature certificate required for carrying out a particular activity. By contacting the National Certification Center, you can get both EDS for 223 FZ and 44 FZ.
All operations for the replacement and issuance of new electronic certificates will be carried out as soon as possible. If you have questions about registration on trading platforms, or regarding the use of digital signatures, please call us. We have the most up-to-date information on working with certificates under 44 FZ and other Federal Laws.
The concept of "electronic signature" (ES) was officially defined by Law No. 1-FZ back in 2002. Since then, many of its norms have undergone changes, later Law No. 63-FZ was issued, and amendments were made to it in 2016.
The amendments to the legislation were introduced by Law No. 220-FZ in June last year. However, its clauses gained legal force only at the beginning of 2017.
The changes concern the introduction of the wording “electronic documents”, “electronic signature” into documents regulating court proceedings.
It is determined that electronic documents posted on the Internet by government agencies on their official portals or provided to third parties must contain an enhanced qualified signature.
Law No. 63-FZ has undergone two amendments:
According to the law, an electronic signature can be used in transactions between all participants in electronic interaction, when receiving public services and in other cases. Relations between partners are regulated by them independently by concluding agreements, and legal acts, the rules established by the operators of corporate information systems.
Basic concepts contained in the law No. 63-FZ:
When you can use any kind, and for manufacturing - various technical means, if this is not specifically stipulated in the law or in agreements with other participants in the electronic document management.
With the automatic creation of an ES there is no reason to recognize it or files signed with its use as invalid.
Firms and entrepreneurs independently choose the type of electronic signature... The preference is given depending on what documents will need to be signed and what requirements are established by the law.
Distinguish:
The authorized federal body is in charge of regulating the use of electronic signatures. Its features include:
Law No. 44-FZ, regulating the procedure and organization of public procurement, was adopted on April 5, 2013. It regulates electronic document management between companies and entrepreneurs participating in tenders, the procedure for submitting applications for participation in it.
All documents submitted through the unified public procurement information system must be signed with an enhanced electronic signature. This means that the ES themselves and the keys to them must be created and issued accredited certification centers.
Moreover, if a foreign organization participates in the auction, then its electronic signature must comply with the legal norms of its state and international treaties of the Russian Federation.
The determination of the winner in the auction is carried out in the form of an electronic auction, in which the participants and operators of the electronic platform use unqualified type of enhanced EF.
After determining the winner in the auction, the participants perform the following actions for the conclusion of a contract using an electronic signature:
In addition to the above laws, the use of electronic signatures is governed by legal acts:
