Article title: AGREEMENT AND ELECTRONIC DIGITAL SIGNATURE

Article author: Lukyanova Oksana Nikolaevna

Number of pages: 6

Contact mail: Luckoksi@mail.ru

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Annotation:
In this article it is shown that information technologies are widely and universally used by participants of civil-law transactions. The article gives a generalized description of the electronic document flow and electronic signature using the example of Sberbank. The author considers the current problems of concluding an electronic contract, including the establishment of the moment of conclusion of the contract, the uncertainty of the subject composition of the signatories, the formation, transfer and storage of the electronic contract and the risk of loss or unauthorized alteration of the contract stored on an electronic medium, the risk of violation of antimonopoly legislation and prosecution. The author of the article researched the issues of using electronic document flow, including "documents signed by an electronic signature are accepted as written proof"; "signing an agreement with an electronic signature is direct proof of its conclusion"; "the burden of proving the invalidity of an electronic signature lies with the party that denies it"; "a written agreement signed with an electronic signature by one of the parties is not recognized as an electronic document". Special attention is paid to the analysis of judicial practice related to the mentioned issues, noting a significant growth of judicial disputes about illegal writing off of funds by banks on the basis of documents signed by electronic signature without the knowledge of the owner of the electronic signature. The necessity of constant attention of the legislator to contracts concluded in electronic form is revealed and substantiated. The author gives proposals to solve the identified problems, including by amending the current legislation in terms of procedural aspects of drafting and signing an electronic contract; in terms of procedural aspects of obtaining an electronic signature key; in terms of developing the Procedure for accounting, storage and transfer of electronic documents to third parties. For participants of civil-law transactions proposals are given regarding the application of the Agreement on the Use of Electronic Document Flow and Electronic Signature. In the final conclusions of the article, the position on currently using an alternative method alongside electronic document flow - on paper - is maintained.