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Has anyone faced the adoption in court of an agreement signed with an EDS?
Has anyone had the practice of presenting an agreement signed on both sides of the EDS in court? It is important that both parties are not state organizations, but ordinary legal entities. persons.
What problems arose in such situations (if such situations occurred at all), and what were the ways to solve them?
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If my memory serves me right, then the digital signature is an analogue of the signature and is not equivalent to the default. In order for a document signed with an EDS to have legal force, there must be a bilateral agreement between organizations concluded in a “classic” way, which expressly states that both organizations trust documents signed with an EDS, or both organizations can join a public agreement. In general, this issue is regulated by the Federal Law of the Russian Federation of January 10, 2002 No. 1-FZ “On Electronic Digital Signature” , Article 160 of the Civil Code of the Russian Federation and a couple of others.
As far as I know, there have been successful practices in cases related to the submission of tax returns in electronic form, but I don’t know the details. Due to the fact that many special operators are beginning to introduce electronic document management between enterprises, including invoices, I think the courts are already mentally prepared for such cases.
That's right, you need a paper contract. And problems with the tax usually does not arise. With regard to tax and some other state. organizations have regulatory documents and production standards, the courts, in fact, have enough confirmation from the state. organizations that there is such a document and it says the following. This confirmation is paper, with tax stamps.
I am interested in the situation when, literally, two representatives of the parties with a flash drive come to the tax office, hand it to the judge and say - "here are all the documents, and now judge us, your honor."
Thanks for the answer.
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