eSignature Legality Summary
eSignatures are legally valid and admissible in the court of law. Russia has legally accepted electronic signatures since the Federal Law of the Russian Federation No. 63-FZ “On Electronic Signature” was passed on 6th April 2011. Under Russian law, a written signature is not necessarily required for a valid contract - contracts are generally valid if legally competent parties reach an agreement, whether they agree in a physical paper document and in some instances electronically or verbally (Clauses 158 - 160 of Russian Civil Code). To substantiate a valid contract, parties sometimes have to present evidence (a document signed with an e-signature) in the court.*The information on this site is "AS IS" and for general information purposes only.
General Business Use (Yes)
Whilst 100% legal; there are exceptions for very specific types of transactions. It is still up to the discretion of the independent user, or governing body, whether they are used or not. As each business needs are different and the agreements themselves may vary. We always advise you to speak with an authority within your businesses category.
Each country has its own regulations that determine whether an electronic signature is seen as legal or not. So, as long as your electronic signature adheres to these, a signature won't be rejected simply for not being handwritten.
e-Signature Legal Model (Tiered)
Russia’s legal model is a tiered one. This means that Qualified Electronic Signatures are seen as a legal type of e-signature. This doesn’t mean that a non-QES e-Signature can’t be submitted in court, but it will need extra evidence to support it.
emSigner Supports Following Use Cases for Standard Electronic Signatures (SES)
Use cases apply only if the parties to the agreement have agreed (in advance) to contract electronically:
- Commercial agreements between corporate entities like NDAs, procurement documents, sales agreements
- Consumer agreements including new retail account opening documents
- Short-term real estate documents like lease agreements, purchase and sales contracts, and other related documentation for residential and commercial real estate
Use Cases That Are Not Supported or Typically Not Appropriate for Electronic Signatures or Digital Transaction Management Using emSigner
Following are the use cases that are specifically not supported for digital orelectronic processes or that includes requirements wherein wet ink or handwritten signatures or formal notarization is required.
- Power of attorney, which requires notarization
- Documents requiring state registration, such as long-term real estate or rent agreement
“Digital Signature” means a transformation of a message using an asymmetric
cryptosystem such that a person having the initial message and the signer’s public
key can accurately determine
(a) whether the transformation was created using the private key that corresponds to the signer’s public key; and
(b) whether the message has been altered since the transformation was made
eMudhra, and all associates including agents, officers, employees or affiliates, are not liable for any direct, indirect, incidental, special, exemplary or consequential damages.