Digitized, so off your shoulders – Kommersant
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The Ministry of Economy should finalize the bill on digital archives, extending it to government documents. The need to create their digital duplicates, which is not provided for by the current version, was indicated in the government apparatus, while the Central Bank proposes to limit the validity of the amendments made to the State Duma back in 2021 by the financial market. Judging by the fact that the participants of the latter talk about the absence of many important provisions in the bill, the work on the document is far from complete.
On April 25, Deputy Prime Minister Dmitry Grigorenko asked the Ministry of Economy to take into account the position of the government apparatus when finalizing the bill on electronic archives, follows from the correspondence available to Kommersant. The White House proposes to expand the project, which initially only concerned the digitization of materials from financial institutions, by extending its scope to government documents. Mr. Grigorenko conveyed this position to the Ministry of Economy and asked to prepare a report on the progress of finalizing the project by May 15.
We are talking about amendments to the law “On Information” regarding the use and storage of electronic documents, which were submitted to the State Duma in 2021, were adopted in the first reading in April 2022. Earlier, Kommersant reported that the Ministry of Economy plans to include in the project the ability to sign an electronic duplicate of documents with an unqualified electronic signature. At the same time, the proposals of the ministry did not concern allowing banks to independently produce electronic duplicates – this is opposed by the FSB (see “Kommersant” dated June 10).
The draft in its current form prohibits the creation of duplicates of documents from the Archival Fund of Russia, which include, among other things, papers signed by the prime minister. Such a possibility, however, should be provided, if necessary, in agreement with the presidential administration, follows from a letter from Deputy Head of the Government Staff Svetlana Andryushchenko. She notes that the FSB objects to the storage of documents in electronic form, which creates “high risks of untimely preparation of amendments for the second reading.” Mr. Grigorenko, in the order of the Ministry of Economy, however, urged that the position of the FSB be taken into account as well.
Elvira Nabiullina, Chairman of the Central Bank, also sent her position on the bill to the Ministry of Economy. In a letter dated April 24, she advocated that the bill apply only to financial market participants, as they are subject to high cybersecurity requirements. Work on the project, in her opinion, should be continued, since its adoption will contribute to “reducing the organizational and financial costs arising from the storage of paper documents.”
Kommersant’s interlocutor in the White House said that another instruction from Mr. Grigorenko extended the deadline for making a decision on the bill, “The Ministry of Economy was instructed to consider the appeal of the Central Bank and present a decision taking into account its position next week.” The Ministry of Economy, the Central Bank and the FSB did not answer Kommersant.
Objections regarding security issues in the event of the destruction of paper originals of converted documents slowed down work on the initiative and reduced the interest of banks in participating in it, says Andrey Yemelin, head of the National Council of the Financial Market. For banks, according to him, the bill makes sense only if they are allowed to convert documents with the destruction of the paper original, without the obligatory participation of the second party and with the involvement of specialized organizations. “The market continues to hope that the project will provide reasonable solutions to these three basic issues. While they are not there, the bill does not provide savings,” said Mr. Yemelin.
Another government proposal is to allow companies to use foreign electronic signatures for the needs of electronic document management on the basis of agreements concluded between them. Such an initiative is contained in the amendments sent by the White House to the State Duma on May 4, signed by Dmitry Grigorenko, to the bill of deputy Anatoly Aksakov on the possibility of delegation of powers using an electronic digital signature (adopted in the first reading on January 24). The office of Mr. Grigorenko confirmed its authenticity.
The amendments establish the minimum period of validity of a qualified certificate – 12 years (now the period of issued qualified certificates is equal to the period of validity of electronic signature keys – 1 year and 3 months). The office of the Deputy Prime Minister reported that the norm would allow, in the absence of a timestamp on a document signed with an electronic signature, to re-sign significant amounts of documents every 12 years.
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