Email correspondence mail is legally significant?

Question

Law in IT

Email correspondence mail is legally significant?
And if so, what conditions must be met?
For example:
- in the correspondence, the full name, phone number and other contacts must be indicated somewhere, otherwise without contacts, how can you prove that you communicated with a specific person?
- before starting communication, the letter should indicate that the correspondence is legally significant, etc.?
- the mail server must be well-known such as mail.ru, gmail.com? And then your local mail server is considered, because then anyone can write from anyone and subscribe as they want?
- or should the mail server be only Russian?
- what if the correspondence is with a foreign citizen, for example, the USA or Europe, then how do they interpret email correspondence from the point of view of laws?
- at the same time, if you send scans of documents (acts and contracts) by mail - are they considered significant?
Significant - it means the person who sent the letter, the scan of the document carries the legal name on it. responsibility.
PS: and vice versa, if what conditions of correspondence are not met, then it is definitely not considered legally significant?
Thank you, especially for constructive and examples.

Answer 1

I don’t know who to comment)))
Civil Code of the Civil Code of the
Russian Federation Article 158. Form of transactions + Civil Code of the Russian Federation Article 434. Form of contract
A written contract can be concluded by drawing up one document signed by the parties, as well as by exchanging letters, telegrams, telexes, telefaxes and other documents, including electronic documents transmitted via communication channels, which make it possible to reliably establish that the document comes from the party under the contract.
Therefore, all correspondence will be used against you)))
Well, there is a lot more ...

Answer 2

What you describe will not be legally significant.
1. The message must contain a means of protecting its integrity and uniquely identifying its sender. In Russian realities, this will be a qualified electronic signature, and not contacts in a letter.
2. In practice, before the start of interaction, a special agreement is drawn up on the start of using electronic document management (and most often in paper form) and only then do I begin to exchange electronically, and not some postscript in a letter.
3. Of course, you can say that logging in to the mail means using a simple signature. But it seems to me that this will not worry any state structures in Russia (especially the court). And you should not count on the reliability of these mailboxes either.
4. Scanned copies of documents are not legally significant and it is unlikely that they will be accepted for serious office work.
5. There are of course small exceptions to all this, but you should not rely on them.
Conclusions: At a minimum, sign your documents with CEP and send them by e-mail. In addition, it is also desirable to use some specialized EDI service (the largest sbis and diadocs on the commercial market). It has all the necessary functionality and everything is adjusted according to Russian legislation.
PS read 63 fz about electronic signature

Answer 3

The court evaluates any evidence according to its inner conviction. Practice varies. The main thing is that, from the correspondence, it is reliably clear that you are communicating with a representative of the company.
In the judicial practice of the Russian Federation, there are precedents that waybills with a signature and a seal were recognized as inadequate confirmation of the authority of a person acting on that side.
The most favorable scenario: specify the list of addresses in the contract.
As for the significant scan of the signed contract, in the general case it is recognized by the court as the fact of the conclusion of the contract, but not always.

Answer 4

Email correspondence mail is legally significant if
1. it is conducted between the addresses explicitly specified in your contract.
2. These letters contain scans of paper documents with your signatures. Or a qualified electronic signature.
https://journal.tinkoff.ru/ask/faraway-contract/

Answer 5

There is a solution - an electronic signature. But for our ships, this is unlikely to work. So there is a third party solution.
Before this takes legal effect, the parties must agree and conclude an agreement with a third party - an arbitration court, which assured that the signatures belong to specific people. After that, the arbitration court is authorized to consider disputes between these parties and make competent decisions (on which it is already possible to open further enforcement proceedings in our jurisdiction).

Answer 6

look
in the courts, it’s not important “who is the last cock”, “the first word is more expensive than the second”, but the analysis of such a thing as an act
again - DE I NIE
everything is suitable for this: witnesses, facts, evidence
if the fact is confirmed through correspondence by e-mail mail , ok,
if through witnesses - ok,
all the shamanism described here (and many other places) is only intended to facilitate the work of a witness or an expert, and, as a result, a judge
if something somewhere was hung with artifacts and electronic signatures with "wet seals" (TM) does not lead directly to the proof of a specific act

Answer 7

Email correspondence mail is legally significant?

May be. Everything will depend on the opinion of the judge and on other circumstances of the case.
Guaranteed none. The use of EDS increases the chances. The use of a qualified EDS (issued by the state CA) increases even more. But no one guarantees anything - everything is determined by a specific situation and a specific court.
Correspondence is one of the methods of establishing certain facts relevant to the case under consideration. You provide evidence, let's say that this letter is genuine. And your opponent - on the contrary, proves that it is fake.
This particular letter , and not in general all letters in the world. And here everything can be important - and through which servers it passed, and the time of its delivery and its content, and service headers ... But then another letter can be taken and the process will be repeated again and it’s not a fact that the same signs are not lead to the opposite result...

Answer 8

Email correspondence mail is legally significant?

According to judicial practice in the Russian Federation:
If the second party (your opponent in the trial) does not refuse this letter, then the courts accept correspondence for consideration in exactly the same way as paper documents.
Litigation involving this foreigner?
Not?
Then what's the difference?
Yes?
The court will ask him if he confirms.
- in the correspondence, the full name, phone number and other contacts should be indicated somewhere, otherwise without contacts, how to prove that you communicated with a specific person?
Here the question is different - does someone deny that this is his e-mail address and that he really wrote / read it.

- before starting communication, the letter should indicate that the correspondence is legally significant, etc.?
- the mail server must be well-known such as mail.ru, gmail.com? And then your local mail server is considered, because then anyone can write from anyone and subscribe as they want?
- or should the mail server be only Russian?

Not important.
- at the same time, if you send scans of documents (acts and contracts) by mail - are they considered significant?
Your opponent may deny that he received them; can claim that this is a fake, not a real scan ....
Or maybe not deny it.
Civil proceedings are two parties bringing their evidence of rightness.
For each of your evidence - your opponent has the right to bring his evidence to the contrary.