Minutes of the meeting of representatives of legal relations entities in the field of electronic digital signature services

Minutes of the meeting of representatives of legal relations entities in the field of electronic digital signature services 16.04.2018 10-00, Kyiv, 18 Sofiivska St. Subject of the meeting: Discussion of simplifying the accreditation procedure and reducing the number of documents submitted together with the application for accreditation of a key certification center Meeting participants: representatives of the Office of Administrative Services Reform, the Ministry of Justice of Ukraine, the State Service for Special Communications and Information Protection of Ukraine, SE "National Information Systems", NGO "All-Ukrainian Association "Information Security and Information Technologies", the State Treasury Service, the Information and Reference Department of the SFS, the NBU, PJSC "State Savings Bank of Ukraine", LLC "Key Systems". Issues discussed: 1) On the complexity and non-compliance with modern trends of the procedure for applicants to undergo accreditation or re-accreditation of key certification centers and obtain accreditation certificates. Heard: Rabchynska L., Kozlov Yu., Karlash V., Proskurovskyi V., Stupak S. The speakers reported that currently the effective legislation on accreditation of key certification centers that service qualified public key certificates does not provide for the possibility of submitting an application and documents in electronic form. Also, the current Procedure provides for a fairly large and burdensome list of documents to be submitted for the accreditation procedure. Thus, out of 15 such documents, 8 are submitted as copies. For example: copies of documents on the level of education and qualifications of the head of the key certification center and officials whose duties are directly related to the provision of EDS services and the servicing of qualified public key certificates. At the same time, such information may be provided in the form of a list drawn up and signed by the head of the center and information on the educational and qualification level of persons, and verified in the Register of Higher Education Documents. A caveat was expressed (Karlash V.) that the introduction of submitting documents in electronic form must be approached very carefully. After all, it is necessary to provide for technical characteristics/requirements for creating documents specifically in electronic form. It was also reported that today the Ministry of Justice is actively working on bringing normative legal acts into compliance with the requirements of the Law of Ukraine "On Electronic Trust Services". 2) On the experience of simplifying the procedure for submitting documents to the SFS and the NBU. Heard: Prosurovskyi V., Kompaniiets Yu., Rabchynska L., Kozlov Yu., Karlash V. The speakers discussed the experience of the SFS in introducing the exchange of electronic documents between electronic document exchange entities in accordance with the requirements of the Procedure for the Exchange of Electronic Documents with Controlling Authorities, approved by Order of the Ministry of Finance of Ukraine dated 06.06.2017 No. 557, registered with the Ministry of Justice of Ukraine on 03 August 2017 under No. 959/30827. In accordance with the said procedure, the author (legal entity or sole proprietor) is granted the right to create electronic documents within the timeframes and in accordance with the procedure determined by legislation for the respective documents in electronic and paper form, indicating all mandatory requisites and using a reliable EDS tool. Control over the entry of such data, their completeness and reliability when creating an electronic document is assigned to the author. The creation of the electronic document is completed by applying the EDS of the signatory (signatories), the electronic seal (if available), as provided for an analogous document in paper form. After applying the EDS, the author encrypts the electronic document in compliance with the requirements for cryptographic message formats approved in the manner established by legislation, and sends it in the format (standard) by means of telecommunications to the addressee during the operating day. The positive experience of the NBU was separately emphasized, which was developed on the basis of the Regulation on the Operation of the Certifying Center of the National Bank of Ukraine, approved by NBU Resolution No. 553 dated 08.09.2014. The said Regulation provides for the procedure for submitting documents to the Certifying Center for carrying out regulatory procedures and their processing in written form (in the form of paper or electronic documents). 3) On the need to simplify the procedure for obtaining the status of a qualified provider of electronic trust services Heard: Rabchynska L., Kozlov Yu., Karlash V., Stupak S., Proskurovskyi V. The speakers provided legal grounds for the possibility of introducing the submission of information to the Trust List in electronic form: the Law of Ukraine "On Electronic Trust Services" (hereinafter – the Law), the Law of Ukraine "On Electronic Documents and Electronic Document Exchange", Decree of the President of Ukraine dated 12 January 2015 No. 5 "On the Sustainable Development Strategy "Ukraine-2020", Order of the Cabinet of Ministers of Ukraine dated 3 April 2017 No. 275 "On Approval of the Medium-Term Plan of Priority Actions of the Government until 2020 and the Plan of Priority Actions of the Government for 2017". Thus, in accordance with the requirements of Article 30 of the Law, legal entities and individual entrepreneurs (hereinafter – applicants) acquire the status of a qualified provider of electronic trust services from the day information about them is entered into the Trust List based on a decision of the CCA or the CA (in the case of providing electronic trust services to the banking system of Ukraine and when making money transfers). To enter information about them into the Trust List, applicants submit to the CCA the documents specified in paragraphs 1-10 of part 2 of Article 30 of the Law. In particular, according to paragraph 10 of part 2 of Article 30 of the Law, copies of the documents provided for in paragraphs 1-9 of this part are submitted in electronic form. The speakers drew attention to the fact that the provisions of the Law do not provide for the submission of documents exclusively in written form, and also that the Law contains a requirement to submit copies of documents in electronic form. Based on the results of the discussion, the meeting participants agreed that in order to introduce the submission of an application and documents for entering information into the Trust List in electronic form or in the form of an electronic document, it is advisable to provide for the relevant provisions in the draft normative legal acts that are currently being developed by the Ministry of Justice of Ukraine in order to bring legislation into compliance with the requirements of the Law. Also, in the said draft normative legal acts, it is advisable to define requirements for the content, structure and technical characteristics of documents submitted in electronic form and of the electronic document created by applicants. Based on the results of the discussion, the following decision was adopted: 1) To address the Ministry of Justice of Ukraine with a proposal to provide for the submission by applicants of an application and documents for obtaining the status of a qualified provider of electronic trust services in electronic form or in the form of an electronic document during the preparation of normative legal acts in order to bring them into compliance with the requirements of the Law. 2) The Office of Administrative Services Reform to prepare and send a corresponding letter to the Ministry of Justice as agreed proposals from the meeting participants.