The exercise of the rights of individuals and legal entities in the field of the use of electronic signatures as a condition of trust in the digital environment

 
PIIS102694520022777-5-1
DOI10.31857/S102694520022777-5
Publication type Article
Status Published
Authors
Occupation: senior researcher Business Law and Corporate Law Department
Affiliation: Institute of State and Law of the Russian Academy of Sciences
Address: Russian Federation,
Journal nameGosudarstvo i pravo
EditionIssue 11
Pages192-196
Abstract

In the article, the exercise of the rights of individuals and legal entities in the field of the use of electronic signatures is considered as one of the fundamental legal conditions of trust in the digital environment, understood as confidence in the reliability of electronic transactions, certainty regarding the legal significance and legal consequences that may arise as a result of the use of electronic means. The author examines the fundamental legal structures regulating the application and conditions of legal recognition of various types of electronic signatures, highlights the key characteristics of modern regulation: “guarantees of non-discrimination”; the right to choose the type of electronic signature used, as well as information technology and (or) technical means; restriction of this right only by law; legal advantages of qualified electronic signature established by law in comparison with the possibilities of their practical implementation; complicated legal schemes for the use of a simple electronic signature. It is concluded that a successful legal model of trust with the use of an electronic signature is based not on the complication of the signature technology, but on the improvement of legal tools and legal techniques that guarantee an optimal combination of rights, duties and responsibilities of subjects using these technologies

Keywordselectronic signature, enhanced qualified electronic signature, simple electronic signature, electronic document, participants of electronic interaction, legal actions, legal force, legal recognition, legal mechanism of trust, remote transaction
Received10.06.2022
Publication date29.11.2022
Number of characters19238
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1. Baranov A.P. Electronic signature and the space of trust // Tax policy and practice. 2012. No. 5 (113). P. 66–69 (in Russ.).

2. Gabov A.V. Changes in law as a consequence of the development of the digital economy // Perm legal almanac. 2020. No. 3. P. 39–47 (in Russ.).

3. Kustov V.N., Stankevich T.L. Cross-border trust space as an integral part of the software infrastructure of international e-commerce // International Conference on Soft Computing and Measurements. 2018. Vol. 2. P. 259 - 262 (in Russ.).

4. Can an electronic signature save a business // Ross. gaz. 2022. 29 Apr. (in Russ.).

5. Sabanov A.G. Authentication as a component of a single trust space // Telecommunications. 2012. No. 8. P. 40–44 (in Russ.).

6. Khalfina R.O. General doctrine of legal relations. M., 1974. P. 5 (in Russ.).

7. Boss A.H. The Internet and the Law: Searching for Security in the Law of Electronic Commerce // Nova Law Review. 1999. Vol. 23. № 2.

8. Jos Dumortier. Legal Status of Qualified Electronic Signatures in Europe. DOI: 10.1007/978-3-322-84984-7_28 (researchgate.net).

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