FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 27, 2019 No. 476-FZ

About introduction of amendments to the Federal law "About the Digital Signature" and article 1 of the Federal law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control"

Accepted by the State Duma on December 18, 2019

Approved by the Federation Council on December 23, 2019

Article 1

Bring in the Federal Law of April 6, 2011 No. 63-FZ "About the digital signature" (The Russian Federation Code, 2011, No. 15, Art. 2036; No. 27, Art. 3880; 2012, No. 29, Art. 3988; 2013, No. 14, Art. 1668; No. 27, Art. 3463, 3477; 2014, No. 11, Art. 1098; No. 26, Art. 3390; 2016, No. 1, Art. 65; No. 26, Art. 3889) following changes:

1) in Article 2:

a) in Item 3 of the word "and created" to replace with the word "created", to add with words ", and being with respect thereto the official document";

b) in Item 8 of the word "authorized federal body" to exclude;

c) add with Item 8.1 of the following content:

"8. 1) accreditation of the confidential third party - recognition of compliance of the legal entity by authorized federal body to requirements of this Federal Law to the confidential third party;";

d) Item 11 after the word of "organization" to add with the words "individual entrepreneurs";

e) in Item 14 "made" to replace the word with the word of "created";

e) add with Items 16 - 19 following contents:

"16) the applicant - the commercial organization, non-profit organization, the individual entrepreneur, the physical person which is not registered as the individual entrepreneur, but performing professional activity, revenue-producing according to the Federal Laws based on state registration and (or) the license, owing to membership in self-regulatory organization, and also any other physical person, persons, replacement state positions of the Russian Federation or the state positions of subjects of the Russian Federation, officials of state bodies, local government bodies, employees of the organizations subordinated to such bodies, notaries and representatives on making of notarial actions of person (further - notaries), the verifications of the digital signature filing the corresponding petition on issue of the certificate of key in certification center behind receipt of the certificate of key of verification of the digital signature as future owner of such certificate;

17) the confidential third party - the legal entity performing activities for verification of the digital signature in electronic documents in specific timepoint concerning person which signed the electronic document for providing trust in case of data exchange and electronic documents and other functions provided by this Federal Law;

18) means of the confidential third party - program and (or) the hardware used for rendering services by the confidential third party, which underwent the procedure of confirmation of conformity to the requirements established according to this Federal Law;

19) tag of confidential time - the reliable information electronically about date and time of signing of the electronic document the digital signature created and checked by the confidential third party, certification center or the operator of information system and received at the time of signing of the electronic document by the digital signature in the procedure established by authorized federal body with use program and (or) the hardware which underwent the procedure of confirmation of conformity to the requirements established according to this Federal Law.";

Part 2 of article 6 after words "regulatory legal acts" to add 2) with words ", regulations of the Central bank of the Russian Federation (further - regulatory legal acts)", after the words "or agreement between participants of electronic interaction" to add with words ", including rules of payment systems (further - agreements between participants of electronic interaction)";

3) in Article 7:

a) add part 1 with words ", taking into account part 3 of this Article";

b) add with part 3 following of content:

"3. Recognition of the digital signatures created according to the rules of law of foreign state and international standards corresponding to signs of the strengthened digital signature, and their application in legal relationship are in accordance with the legislation of the Russian Federation performed in the cases established by international treaties of the Russian Federation. Such digital signatures are recognized valid in case of confirmation of conformity to their requirements of the specified international treaties the accredited confidential third party accredited by the certification center, the other person authorized on it by the international treaty of the Russian Federation taking into account this Federal Law.";

4) in Article 8:

a) add part 2 with Item 3 following of content:

"3) performs accreditation of the confidential third parties, performs observance by the confidential third parties of the requirements established by this Federal Law and other regulatory legal acts adopted according to it, according to the procedure, established by authorized federal body, and in case of identification of non-compliance with these requirements issues instructions about elimination of the revealed violations.";

b) in part 3:

add with Item 1.1 of the following content:

"1. 1) names, addresses of the accredited confidential third parties;";

add with Items 5.1 - 5.3 following of content:

"5. 1) the list of the confidential third parties which accreditation is ahead of schedule stopped;

5. 2) the list of the accredited confidential third parties which accreditation is suspended;

5. 3) the list of the accredited confidential third parties which activities are stopped;";

c) in part 4:

add Item 2 with words ", including requirements to format of provision of such information";

Item 3 after words of "certification centers" to add with words "the confidential third parties,", after words "certification centers" to add with words ", the accredited confidential third parties", after words "certification centers" to add with words ", the confidential third parties";

in item 4 of the word "and execution of its obligations" shall be replaced with words ", the accredited confidential third party and execution of their obligations";

add with Items 6 and 7 of the following content:

"6) requirements to operations procedure of accredited certification center in case of reasonable doubts concerning person who gave the assignment on use of stored keys of the digital signature and also in case of suspension (termination) of technical capability of use of stored keys of the digital signature, including informing owners of qualified certificates on the events which caused suspension (termination) of technical capability of use of stored keys of the digital signature on their reasons and effects;

7) in coordination with federal executive body in the field of safety the list of the safety hazards urgent in case of identification of the applicant - physical person in accredited certification center, issue of the qualified certificate without its personal presence using information technologies by provision of data from single system of the identification and authentication and unified information system of personal data providing processing, collection and storage of biometric personal data, their check and information transfer about degree of their compliance to the provided biometric personal data of the citizen of the Russian Federation (further - single biometric system), and also storage and use of key of the digital signature in accredited certification center.";

d) in part 5:

in Item 2 of the word "and to means of certification center" shall be replaced with words ", to means of certification center, except for specified in Item 2.1 of this part, and to means of the confidential third party, including requirements to the digital signature facilities used by the confidential third party";

add with Item 2.1 of the following content:

"2. 1) establishes the requirements to the digital signature facilities and means of certification center applied to realization of the functions provided by part 2.2 of article 15 of this Federal Law, including including requirements on:

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