Maxim Ali has talked to InFocus Press about the specifics of electronic signatures in Russia

In 2020, the number of electronic signatures issued in Russia increased by 15%. At the same time, there are two types of the signatures: qualified signatures produced by accredited organizations and simple ones, which are valid in cases specified by law or by agreement of the parties.

Maxim Ali, Partner and Head of IP/IT practice at Maxima Legal, told InFocus Press, that “an enhanced electronic signature almost performs all the functions of a handwritten signature and is recognized regardless of an agreement between the parties to recognize the electronic signature. The validity of such a signature is ensured by the special certification center, which issues a signature certificate (often written on a special USB stick). It is rather difficult to obtain an enhanced qualified electronic signature – it requires money and a meeting with the representative of the certification center. Thus, a significant number of electronic signatures work exactly according to the simplified version, we are just not always aware of it, because we usually do not go into details of electronic services rules”.

Maxim also drew attention to the elaborateness of the electronic signature legislation and the frequency of its application by courts. “For example, in disputes over bank card debits, an SMS code is often interpreted as an electronic signature, so clients are unable to challenge transactions which were confirmed in this way. Similarly, courts recognise electronic signatures in payment orders that are transmitted via internet banks. In practice, it is quite difficult for customers to challenge such transactions: Courts usually say that they have not received evidence of the illegal use of electronic signatures. Although in theory it could be proved through technical expertise – if we are talking about electronic signature forgery,” the expert specified.

Other digital crimes include registration of fly-by-night companies and receiving loans using other people’s documents. Besides, as Maxim pointed out, “fraud with electronic signature may also occur in relation to real estate – many people do not keep track of their title register, although it is possible to make changes to it, including electronic ones. In this situation an application can be submitted to Rosreestr (the Federal Service for State Registration, Cadaster and Cartography) to accept only hard copies of documents (which does not however exclude other fraud options – for example a forged notarial power of attorney)”.

“The rules on the use of electronic signatures impose a duty on us to immediately report all instances of signature compromise. For instance if you have forgotten a USB stick with a signature certificate on it, you should report it immediately. It is advisable to do it in such a way that you have evidence of such notification,” reminded Maxim Ali.

To read the full article (in Russian), please see InFocus Press website >>>