Electronic signature for filing a lawsuit. My arbitrator submitting documents electronically How to obtain an electronic signature for my arbitrator

In the near future - from January 1, 2017, changes to non-criminal procedural codes will come into force, which will significantly expand the possibility of electronic document flow between lawyers and courts. This possibility existed before, but only in the system of arbitration courts and not in all cases. Now it is assumed that electronic document management will be gradually introduced in all courts of the country. It should be noted that the “My Arbitrator” system continues to function. So arbitration lawyers will have a choice.

In addition to the fact that the new electronic document management system will significantly expand the very scope of application of electronic technologies, it will also close some of the gaps that were and continue to be inherent in the “My Arbitrator” system. In particular, we are talking about the possibility of electronic filing of applications for securing a claim.

So, as a general rule, it is possible to send documents signed with an electronic signature to the court. This also applies to procedural documents (part 1.1 of article 3, part 1.1 of article 35 of the Code of Civil Procedure, part 2 of article 45 CAS, part 7 of article 4, paragraph 2 of part 1 of article 41 of the Arbitration Procedure Code), and to evidence that is classified as written, subject to the relevant rules for the inclusion and evaluation of written evidence (part 1 of article 71 of the Code of Civil Procedure, part 3 of article 75 of the Arbitration Procedure Code).

From Article 5 of the Federal Law “On Electronic Signature” we can conclude that documents sent to the court can be signed:

a) a simple electronic signature;

b) enhanced unqualified electronic signature;

c) enhanced qualified electronic signature.

However, our non-criminal procedural codes introduce additional, increased requirements for electronic signatures under some procedural documents. Thus, only the following procedural documents can be signed with an enhanced qualified electronic signature:

1. Application for the application of preliminary interim measures for the protection of copyright and related rights (Part 1 of Article 144.1 of the Civil Procedure Code), application for the application of preliminary interim measures (Paragraph 2 of Part 1 of Article 99 of the Arbitration Procedure Code);

2. Application for securing a claim (paragraph 2, part 4, article 131, paragraph 2, part 1, article 139 of the Civil Procedure Code, article 92, paragraph 2, part 1, article 125 of the Arbitration Procedure Code), application for preliminary protection measures (Part 1.1 Article 86, Part 9 Article 125 CAS);

3. Petition to suspend the execution of judicial acts (paragraph 2, part 1, article 381, paragraph 3, part 1, article 391.5 of the Code of Civil Procedure, paragraph 2, part 1, article 265.1, paragraph 2, part 1, article 283, paragraph 2, part 3, article 291.6, paragraph 2, part 3, article 308.4.

Thus, you may only need an enhanced qualified electronic signature if you have a sufficiently large number of cases of filing requests for security and suspension of execution. In this case, to reduce paperwork and time for transportation and delivery of documents, enhanced qualified electronic documents can really come in handy. In all other cases, it would seem to be completely useless. However, given the low cost of such a signature (at SKB-Kontur 1,400 rubles per year, including the media, license and all sorts of goodies like encrypting and sending documents online, automatically setting up the computer for the program), I think that an enhanced qualified electronic signature makes sense for most lawyers.

In the end, I do not rule out that changes in non-criminal procedural codes will push many lawyers to switch to electronic document management altogether. And not only with ships.

EDS for ships today they can get both legal entities and individuals, as well as individual entrepreneurs. The presence of an electronic signature greatly facilitates the process of interaction with government authorities. So, in just a few minutes you can submit to court any documents– copies of evidence, statements, appeals, petitions, complaints and others. You can also remotely receive extracts, decisions and other documentation required by legal proceedings.

Opportunity for all citizens of the Russian Federation to conduct electronic document management with arbitration courts and courts of general jurisdiction was legislated on January 1, 2017. Electronic signatures for ships are issued only by accredited certification centers.

In this case, only enhanced qualified digital signatures of the PKCS#7 format (Public-Key Cryptography Standard #7) have legal force.

This type of digital signature can also be used for other purposes. Thus, it is suitable for the internal document flow of an organization, filing tax reports, participating in government tenders and auctions, and using the State Services portal.

Submit your application

The procedure for electronic document management with the court

Electronic document flow with courts is carried out through a personal account. User registration is available on the portal of the State Automated System of the Russian Federation “Justice”. When sending electronic documents to the court, the user receives confirmation of their acceptance by a specific court, which must indicate the date and time of receipt.

This confirmation is necessary to resolve controversial issues related to compliance with deadlines for the provision of certain documents.

Specific rules for filing documents depend on the type of legal proceedings. Thus, within the framework of consideration of civil, criminal or administrative cases, various regulations for electronic document management are provided. General requirements include the format of files sent to court.

For example, text documents are accepted in doc and docx, pdf, odt, xls and xlsx, rtf formats, graphic documents - pdf, png, jpeg or jpg, tiff.

Receipt procedure

The court may refuse to accept documents if they:

• are not certified by a qualified digital signature for ships or the electronic signature certificate has expired;
• were changed after signing
• protected from copying and editing
• have an invalid format
• contain multimedia or interactive elements
• size exceeds allowable (30 MB)

It is worth distinguishing between the concepts of an electronic document and an electronic image of a document. So, the first is a file that was initially created digitally and signed only with an electronic digital signature. The second is a scanned copy of a document on paper, certified by both a graphic and electronic signature. Thus, if an image of a document is sent to the court, it must have a clear graphic signature, as well as a seal, if provided.

Since January 2017, you can submit documents to the Arbitration and Supreme Court via the Internet. An electronic signature will be required to submit documents.

Amendments made to the Civil and Criminal Procedure Codes make it possible to send an application or complaint remotely through the “My Arbitr” information system. How to go to court and what is needed for this?

1. Register in the system itself or through the ESIA State Services

To submit documents electronically through My Arbitrator, you must first register. A simplified account is created in the system itself or through the Unified Identification and Authentication System (USIA) of the State Services portal. An account on State Services can be:

• simplified (just indicate your full name, email or mobile phone number),
• standard (you will also need your SNILS number and identification document details),
• confirmed (in this case you need to confirm your identity).

There are two ways to create a verified account in the ESIA:

• confirm your identity at any of the registration centers (find the center closest to you on the State Services portal) and then log in using the login/password issued there,
• by using .

By registering, you can work on the “My Arbitrator” website:

• file claims in arbitration, civil and administrative cases,
• look at the file of cases and decisions on cases.

2. Select a method for submitting electronic documents

There are two ways to file documents with the court:

• Create an electronic image of a document. This means the applicant scans a printed version of the finished document. The scanned copy must be in PDF format no more than 30 MB. Each document must be in a separate file and signed so that it is easy to identify - for example, “Agreement No. 2435 dated 03/21/2017, 12 sheets.” If the documents you send will later be used in court, they will need to be provided in paper form.

Scanned copies can be submitted from any account: simplified, standard and confirmed.

• Prepare an electronic document. In this case, the document is immediately created electronically in the following formats: PDF, RTF, doc, docx, XLS, XLSX, ODT. Graphic documents in formats: JPEG (JPG), PNG, TIFF. Each file must also be no heavier than 30 MB, named according to its content, and the text must be copyable.

Electronic documents are submitted only from a confirmed entry.

3. Sign the document with an electronic signature

An electronic image (scan) of each document is signed or. In this case, a simple signature will be information about the signatory’s account in the Unified Automated Identification and Automation: full name, login, digital identifier in the Unified Identification and Automation.

An electronic document is signed only with a strengthened qualified signature - it will give the document. Only the person indicated as a signatory on the document can sign a document with an electronic signature. For example, if the claim is filed on behalf of the general director, then the signature must be issued to him.

An electronic signature for the “My Arbitrator” IS can be obtained from the SKB Kontur Certification Center.

Procedure for submitting documents to arbitration courts

in electronic form, including in the form of an electronic document: some features and common errors that occur when submitting documents

In accordance with clause 2.1.3 of the PROCEDURE FOR SUBMITTING DOCUMENTS IN ELECTRONIC FORM TO THE ARBITRATION COURTS OF THE RUSSIAN FEDERATION, INCLUDING IN THE FORM OF AN ELECTRONIC DOCUMENT, access to your personal account is carried out through identification and authentication using the account of an individual ESIA, namely using a login and password from the Unified Portal of State Services (https://www.gosuslugi.ru/). To do this, in the identification window of the “My Arbiter” system, click the “Login through the Public Services portal” icon (the icon is located on the right side of the window) (Fig. 1)

In accordance with clause 1.3 of the PROCEDURE FOR SUBMITTING DOCUMENTS IN ELECTRONIC FORM TO THE ARBITRATION COURTS OF THE RUSSIAN FEDERATION, INCLUDING IN THE FORM OF AN ELECTRONIC DOCUMENT, two types of documents in electronic form can be submitted to the arbitration court, namely an electronic document and an electronic image of a document. At the same time, we draw your attention to the fact that

electronic document- a document created in electronic form without prior documentation on paper, signed with an electronic signature in accordance with the legislation of the Russian Federation;

electronic image of the document(electronic copy of a document made on paper) - a copy of a document made on paper converted into electronic form using scanning tools, certified in accordance with the Procedure for Submitting Documents with a simple electronic signature or an enhanced qualified electronic signature.

We draw your attention to the fact that in accordance with clause 3.2.3 of the PROCEDURE FOR SUBMITTING DOCUMENTS TO THE ARBITRATION COURTS OF THE RUSSIAN FEDERATION IN ELECTRONIC FORM, INCLUDING IN THE FORM OF AN ELECTRONIC DOCUMENT, if the appeal to the court is filed in the form of an electronic image of the document, such appeal and the attached electronic images of documents to it are considered certified by a simple electronic signature of the person submitting the documents. an appeal to the court in the form of an electronic image of a document is considered certified by a simple electronic signature of the person submitting the documents and is not subject to mandatory certification with an enhanced qualified electronic signature (except for the applications listed in clause 3.2.2. PROCEDURE FOR SUBMITTING DOCUMENTS IN ELECTRONIC FORM TO THE ARBITRATION COURTS OF THE RUSSIAN FEDERATION , INCLUDING IN THE FORM OF AN ELECTRONIC DOCUMENT:

application for provision of evidence (Arbitration Procedure Code of the Russian Federation);

application for securing a claim (Arbitration Procedure Code of the Russian Federation);

statement on securing property interests (Arbitration Procedure Code of the Russian Federation);

application for ensuring the execution of a judicial act (Arbitration Procedure Code of the Russian Federation);

a petition to suspend the execution of a decision of a state body, local government body, other body, official (Arbitration Procedure Code of the Russian Federation);

a petition to suspend the execution of judicial acts (Article 265.1, Arbitration Procedure Code of the Russian Federation);

statement of claim, application, appeal, cassation complaint, containing a request for interim measures (Articles 125, 265.1, Arbitration Procedure Code of the Russian Federation).

ATTENTION!!! In order to avoid problems with signing an electronic document or certifying an electronic image of a document with an enhanced qualified electronic signature, we RECOMMEND using the Internet browser Internet Explorer (version no lower than 11).

We also draw your attention to the fact that when signing or certifying documents in your personal account with an enhanced qualified electronic signature, information about the verification of your enhanced qualified electronic signature is indicated.

If one or more attached signatures do not pass verification (indicated in the pop-up window when you hover your mouse over a document with an attached signature), the document you submit will be rejected (clause 9, clause 4.5 of the PROCEDURE FOR SUBMITTING DOCUMENTS TO THE ARBITRATION COURTS OF THE RUSSIAN FEDERATION ELECTRONICALLY, INCLUDING IN THE FORM OF AN ELECTRONIC DOCUMENT) (Fig.2)

Since January 2017, changes have come into force allowing you to go to court in a more convenient and faster manner. Now citizens will be able to submit documents to the court remotely, not only to the Arbitration Court, but also to the Supreme Court of the Russian Federation. Amendments made to the Civil and Criminal Procedure Codes make it possible to send an application or complaint without leaving home. How to go to court remotely and what is required for this will be discussed in the article below.

Methods for submitting electronic documents to court

The changes that have entered into force allow remote transmission of documents to both the Arbitration Court and the Supreme Court in two ways. Both options require the applicant to have an electronic signature for the “My Arbitrator” online system, through which the documents will be sent.

1. The first method is to create an electronic image of the document. In practice, this means that the applicant has a printed version of the document that needs to be scanned. A scanned copy in PDF format must be signed with an electronic signature. It is important to emphasize that if the transferred documents are used at a court hearing, they will most likely need to be provided to the court in paper form.
2. The second option is to create the document initially in electronic form. The signatory also needs to use an electronic signature in order to give legal force to such a document. In addition, an electronic signature will reliably protect the information in the file from copying.

Benefits of the new order

Experts note that the introduction of this procedure allows not only to reduce time costs, but also provides a number of other opportunities:

• You can submit electronic documents in arbitration, civil and administrative cases;
• there is no need for copies of electronic documents signed with digital signature;
• electronic images of paper documents can be signed with both a qualified and a simple electronic signature;
• scanned copies can be transmitted while maintaining full color rendition (if necessary);
• The file size can reach 30 MB;
• An electronic digital signature for filing a lawsuit can be obtained from any certification center.