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Russia

eSignature Legality in Russia

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.

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*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.

Court-Admissible (Yes)

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.

Use Cases for eSignatures

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

General Definitions

Simple Electronic Signature (SES)

A Simple Electronic Signature (SES) refers to any electronic data that is logically associated with other electronic data and used by a person to sign. This can include:

  • Typing a name at the end of an email,
  • Clicking an “I accept” button,
  • Pasting a scanned image of a signature, or
  • Using a stylus or finger to draw a signature on a touchscreen.

While SES can indicate intent to sign, it lacks advanced identity verification, integrity protection, or security features, making it the least secure type of electronic signature. It is legally valid in many jurisdictions but may not carry strong evidentiary weight without additional context or proof.

Advanced Electronic Signature (AES)

An Advanced Electronic Signature (AES) is a more secure form of electronic signature that must meet the following criteria:

  • it is uniquely linked to the signatory
  • it is capable of identifying the signatory
  • it is created using means that are under the sole control of the signatory, and
  • it is linked to the signed data in such a way that any subsequent change in the data is detectable.

AES provides enhanced legal reliability compared to SES and is often supported by multi-factor authentication, encryption, and audit trails.

Qualified Electronic Signature (QES)

A Qualified Electronic Signature (QES) is a type of Advanced Electronic Signature that additionally:

  • is created using a qualified signature creation device (such as a secure token or smart card); and
  • is backed by a qualified digital certificate issued by a recognized or accredited trust service provider.

QES provides the highest level of trust and legal assurance, and in many jurisdictions (like the EU under eIDAS, India IT Act, etc), it holds the same legal status as a handwritten signature.

Digital Signature

A Digital Signature is a specific technological implementation of an electronic signature that uses asymmetric cryptography. It allows a verifier to:

  • confirm that the signature was created using the private key corresponding to the signer’s public key; and
  • ensure that the signed message or document has not been altered after signing.

Digital signatures are the underlying cryptographic mechanism used in both AES and QES. They offer strong security guarantees such as authenticity, integrity, and non-repudiation and are often implemented through Public Key Infrastructure (PKI) systems.

External Resources

http://afyonluoglu.org/PublicWebFiles/e-imza/int-legislation/Russia-Federal%20Law%20on%20e-Signatures.pdf
DISCLAIMER

This information is intended to help you understand the legal framework of electronic signatures. However, eMudhra cannot provide legal advice. The law of electronic signatures is constantly evolving. This guide is not intended as a legal advice and should not serve as a substitute for professional legal advice. You should consult an attorney regarding any specific legal concerns. eMudhra, and all associates including agents, officers, employees or affiliates, are not liable for any direct, indirect, incidental, special, exemplary or consequential damages.