The relationship between the categories of "reliability" and "responsibility" in the system of legal regulation and the use of electronic signatures
- Authors: Solovyanenko N.I.1
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Affiliations:
- Institute of State and Law of the Russian Academy of Sciences
- Issue: Vol 21, No 5 (2025)
- Pages: 116-121
- Section: Private Law (Civil) Sciences
- URL: https://journals.eco-vector.com/2541-8025/article/view/696943
- DOI: https://doi.org/10.33693/2541-8025-2025-21-5-116-121
- EDN: https://elibrary.ru/yjkxeh
- ID: 696943
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Abstract
The purpose of the study. The article examines the legal mechanism that ensures the legal significance, reliability (security) and legal consequences of operations carried out by individuals and legal entities in the digital space using the electronic signature infrastructure. The purpose of the study is to analyze the legal structure and functions of an electronic signature for identifying individuals and legal entities operating remotely, certifying their identity and legal personality, as well as confirming the origin, authenticity and integrity of documents in electronic form. When comparing different legal approaches to electronic signatures, the focus is on the "hybrid" approach typical of Russian law. The specifics of legal relations with the use of a qualified electronic signature are indicated, as well as the criteria for its "reliability" provided for by law for conducting operations in digital format. Conclusions. Within the framework of the "hybrid" approach, all types and technologies of electronic signatures are recognized, but a qualified signature is considered the most "reliable" and has unconditional legal significance. It is concluded that Russian law has both technological and legal factors and criteria of reliability (security) applied to qualified signatures, including federal state control (supervision) in this area. An integral legal component of "reliability" is the responsibility of entities providing trusted services (certification centers), which includes a mechanism for risk management and compensation for possible damage. At the same time, the author considers it advisable to fix in legislation also the possibility and conditions for limiting the scope or degree of responsibility of certification centers or other persons providing services related to the use of electronic signatures.
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About the authors
Nina I. Solovyanenko
Institute of State and Law of the Russian Academy of Sciences
Author for correspondence.
Email: nina.coshkina@yandex.ru
ORCID iD: 0000-0001-5551-3119
SPIN-code: 3232-4877
Scopus Author ID: 57253220900
Cand. Sci. (Law), Senior Researcher of the Procedural Law Sector
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