From January 2017, submit documents to the Arbitration and Supreme Court possible via the Internet. An electronic signature will be required to submit documents.

Amendments made to the Civil and Criminal Procedure Codes allow you to send an application or complaint remotely via information system"My Arbiter." How to go to court and what is needed for this?

1. Register in the system itself or through the ESIA State Services

To submit documents to electronic form through “My Arbitrator”, first of all you need to register. A simplified account is created in the system itself or through the Unified Identification and Authentication System (USIA) of the State Services portal. An account on State Services can be:

• simplified (just indicate your full name, email or mobile phone number),
• standard (you will also need your SNILS number and identification document details),
• confirmed (in this case you need to confirm your identity).

There are two ways to create a verified account in the ESIA:

• confirm your identity at any of the registration centers (find the center closest to you on the State Services portal) and then log in using the login/password issued there,
• by using .

By registering, you can work on the “My Arbitrator” website:

• file claims in arbitration, civil and administrative cases,
• look at the file of cases and decisions on cases.

2. Select a method for submitting electronic documents

There are two ways to file documents with the court:

• Create an electronic image of a document. This means the applicant scans a printed version of the finished document. The scanned copy must be in PDF format no more than 30 MB. Each document must be in a separate file and signed so that it is easy to identify - for example, “Agreement No. 2435 dated March 21, 2017, 12 sheets.” If the documents you send will later be used in court, they will need to be provided in paper form.

Scanned copies can be submitted from any account: simplified, standard and confirmed.

• Prepare an electronic document. In this case, the document is immediately created electronically in the following formats: PDF, RTF, doc, docx, XLS, XLSX, ODT. Graphic documents in formats: JPEG (JPG), PNG, TIFF. Each file must also be no heavier than 30 MB, named according to its content, and the text must be copyable.

Electronic documents are submitted only from a confirmed entry.

3. Sign the document with an electronic signature

An electronic image (scan) of each document is signed or. In this case, a simple signature will be information about the signatory’s account in the Unified Automated Identification and Automation: full name, login, digital identifier in the Unified Identification and Automation.

An electronic document is signed only with a strengthened qualified signature - it will give the document. Only the person indicated in the document as a signatory can sign a document with an electronic signature. For example, if a claim is filed on behalf of general director, then the signature must be issued to him.

An electronic signature for the “My Arbitrator” IS can be obtained from the SKB Kontur Certification Center.

In the near future - from January 1, 2017, changes to non-criminal procedural codes will come into force, which significantly expands the possibility of electronic document flow between lawyers and courts. This possibility existed before, but only in the system of arbitration courts and not in all cases. Now it is assumed that electronic document management will be gradually implemented in all courts of the country. It should be noted that the “My Arbitrator” system continues to function. So arbitration lawyers will have a choice.

Besides that new system electronic document management will significantly expand the scope of its application electronic technologies, it will also close some of the gaps that were and continue to be inherent in the “My Arbitrator” system. In particular, we are talking about the possibility electronic filing applications for securing a claim.

So, as general rule the possibility of sending documents signed with an electronic signature to the court is established. This also applies to procedural documents (part 1.1 of article 3, part 1.1 of article 35 of the Code of Civil Procedure, part 2 of article 45 CAS, part 7 of article 4, paragraph 2 of part 1 of article 41 of the Arbitration Procedure Code), and to evidence that is classified as written, subject to the relevant rules for the inclusion and evaluation of written evidence (part 1 of article 71 of the Code of Civil Procedure, part 3 of article 75 of the Arbitration Procedure Code).

From Article 5 of the Federal Law “On Electronic Signature” we can conclude that documents sent to the court can be signed:

a) a simple electronic signature;

b) enhanced unqualified electronic signature;

c) enhanced qualified electronic signature.

However, our non-criminal procedural codes introduce additional, increased requirements for electronic signatures under some procedural documents. Thus, only the following procedural documents can be signed with an enhanced qualified electronic signature:

1. Application for the application of preliminary interim measures for the protection of copyright and related rights (Part 1 of Article 144.1 of the Civil Procedure Code), application for the application of preliminary interim measures (Paragraph 2 of Part 1 of Article 99 of the Arbitration Procedure Code);

2. Application for securing a claim (paragraph 2, part 4, article 131, paragraph 2, part 1, article 139 of the Civil Procedure Code, article 92, paragraph 2, part 1, article 125 of the Arbitration Procedure Code), application for preliminary protection measures (Part 1.1 Article 86, Part 9 Article 125 CAS);

3. Petition to suspend the execution of judicial acts (paragraph 2, part 1, article 381, paragraph 3, part 1, article 391.5 of the Code of Civil Procedure, paragraph 2, part 1, article 265.1, paragraph 2, part 1, article 283, paragraph 2, part 3, article 291.6, paragraph 2, part 3, article 308.4.

Thus, you may only need an enhanced qualified electronic signature if you have a sufficiently large number of cases of filing requests for security and suspension of execution. In this case, to reduce paperwork and time for transportation and delivery of documents, enhanced qualified electronic documents can really come in handy. In all other cases, it would seem to be completely useless. However, given the low cost of such a signature (at SKB-Kontur 1,400 rubles per year, including the media, license and all sorts of goodies like encrypting and sending documents online, automatically setting up the computer for the program), I think that an enhanced qualified electronic signature makes sense for most lawyers.

In the end, I do not rule out that changes in non-criminal procedural codes will push many lawyers to switch to electronic document management altogether. And not only with ships.

Since January 1, 2017, significant changes have occurred in the procedure for sending electronic documents to arbitration courts. The first of them is new order authorization of users in the "My Arbitrator" system. Now it happens not in herself, but in Unified system identification and authentication (USIA).

To submit documents to electronic form through the “My Arbitrator” system, each user must be registered and authorized in the ESIA. You can also register via the link: esia.gosuslugi.ru. To log in to the "My Arbitrator" system, you must use the "Login through the portal" button Government services". Next, you need to enter the login and password that are used in the Unified Automated Identification and Authorization.

As explained by the head of the "Electronic Justice" project Alexander Sarapin during his open webinar “Changes in the procedure for filing documents through the My Arbitrator system”, held last week, the new procedure is necessary in order to maximize the identification of the user sending documents to the court. This is expected to eliminate situations of false filing of documents - for example , on behalf of a company that did not actually direct them.

At the same time, submit documents through the Unified Portal of State and municipal services(gosuslugi.ru) is not possible, although it also uses ESIA for entry. It is still necessary to send appeals and documents to arbitration courts through the “My Arbitrator” system.

Currently, there are three types of accounts in the Unified Identification and Automation System – simplified, standard and confirmed (; hereinafter referred to as the Procedure). You can check the type of your account in your personal ESIA office(esia.gosuslugi.ru/profile/user/). The type of account directly affects the ability to submit documents.

In accordance with the new procedure, only a confirmed record allows electronic documents originally created in this form to be filed with the court using an enhanced qualified electronic signature (). If the account is standard or simplified, only scanned copies of paper documents can be sent to the court. By the way, previously documents could only be submitted to arbitration courts in the form of a scanned copy.

A simplified entry differs from a standard entry in the amount of data that the user provides. To create a simplified entry, you just need to indicate your first and last name, as well as your email or mobile phone number. To create a standard account, you will also need SNILS and identification document details.

The second important change is that now in order to submit documents, representatives must have the appropriate power of attorney (). This is due to the fact that currently the “My Arbitrator” system not only sends documents to the court, but also checks the applicant’s authority to submit them.

In this case, there is no need for a power of attorney, which separately states the method of sending documents “via electronic system". It is enough for the applicant to have a document certifying his authority to submit documents to the court, regardless of how he intends to do this - by submitting documents on paper or using an electronic system.

Thus, the representative in the case will not need to re-issue a power of attorney if he already has one. But at the same time, if documents are submitted through the “My Arbitrator” system by a person who is not identified in any way in the process, in particular, a junior lawyer or assistant law firm, he will need to draw up such a document indicating the authority to file documents with the court on behalf of the client. The representative under the power of attorney must be the same person who is authorized in the “My Arbitrator” system through the Unified Automated Identification of Authorities.

The power of attorney must be added using a separate form during the process of sending documents to the court through the electronic system. It can also be attached as a graphic copy, for example, in JPG format.

It will help to obtain an enhanced qualified electronic signature "Electronic Express" as part of information and legal support GARANT

The new procedure also provides for the specifics of using an electronic signature when submitting documents to the court. By general rule, an enhanced qualified electronic signature has not become a new mandatory requirement for users of the system, and they can still send scanned copies of paper documents to the court without using this type of signature.

But at the same time, an enhanced qualified electronic signature is now required to send electronic documents to the court that relate to interim measures (). In particular, we are talking about claims and complaints containing indications of interim measures, applications for securing property interests, etc. Previously, such documents could only be submitted to the court in person and in paper form.

If the provision on interim measures is specified in the power of attorney, it must be signed with an enhanced qualified electronic signature of the principal, that is, the represented person.

In all cases of attaching an enhanced qualified electronic signature, a detached signature is required, and an attached one, accordingly, is considered incorrect. In order to sign a document, users can use third-party online services specifically created for this. The "Add Signature" button is also available in the "My Arbitrator" system. Alternatively, you can use a special plugin for signing documents available in this system. You will need to download it from the website my.arbitr.ru to your computer and install it. But it is worth considering that this plugin is not compatible with all browsers, however, it should definitely work in Internet Explorer.

The "My Arbitrator" system will display the fact that the document was signed with an electronic signature - for this, the signature will be verified. If everything is completed correctly, the word “signed” will be highlighted in green, otherwise – red. If the signature does not pass verification, the court will return the documents to the applicant. You can find out the reason why the signature was not accepted by the system through technical support. In addition, you can check the electronic signature on the government services website (www.gosuslugi.ru/pgu/eds).

If an application document is signed with an electronic signature (for example, a statement of claim), then all attachments to it are considered automatically signed, in other words, there is no need to sign each of them separately.

It should be noted that a simple electronic signature refers to the account data in the Unified Identification and Logistics System, that is, login and password. Thus, regardless of the type of account in the unified identification and authentication system, each user registered in this system who entered their login and password when logging in has a simple electronic signature.

If you have questions about the new procedure for submitting documents through the “My Arbitrator” system, users should contact the technical support of the “Electronic Justice” system ( [email protected]), and not in the unified identification and authentication system or on the public services portal.

Document circulation and tenders are not the only ways to use electronic digital signatures (EDS). Currently, digital signature is considered an outdated term, and electronic signature is widely used.

To prevent document forgery, you need to protect the private signing key. This key is in the certificate. It can be saved under a secret password on a PC, laptop or removable media (USB flash drives, Touch-Memory tablets, smart cards).

Using electronic signatures, you can work with court documents with access to information via the Internet. Today, there are several types of digital signatures, namely multiple and single.

Products in the following areas:

Digital signature for court documents

Starting from 2017, all Russian courts must accept documents received via the Internet, such as statements, claims and others, if they contain an electronic signature.

This opportunity can be used when requesting or submitting the following documents:

claims for various purposes

appeals and complaints

applications for compensation

counterclaims various motions

reviews

statements when new circumstances of the case are discovered, when a review is required

It is also allowed to send applications containing electronic signatures about the occurrence of bankruptcy from creditors or debtors:

• declare bankrupt;
• fact of bankruptcy (directed by the debtor);
• declare a private person bankrupt;
• bankruptcy procedure;
• creditors' claims against legal entity;
• arbitration documents;
• claims of creditors against individuals Person and other claims and demands.

You can buy an ES at our certification center “Kaluga Astral”. To do this, you need to write an application for obtaining an electronic signature by simply filling out the proposed application form on the website. After this, our specialist will promptly clarify necessary information. If you have any questions, please contact our specialists by phone or through the feedback form.

Documents in electronic format for the court

In order to submit documents to the court in electronic format, you must register on the government services website. After this, “My Arbitrator” will appear on the “My Arbitrator” page. Personal account", through which you can send the required documents to the courts in electronic format.

Submitting electronic documents to judicial authorities radically changes the existing state of affairs and can significantly simplify this procedure if certain rules are observed.

• A “Personal Account” can only be created individuals with the right to represent interests - both their own and any legal entities.
• Also, documents can be submitted by their representatives (also private individuals), who have their own “Personal Account” from which they have the right to send documents.
• When submitting electronic documents, individuals must use an electronic signature (an electronic signature is issued by a certification center). The requirement for the electronic signature is that the PKCS#7 standard is available, the ability to transfer it as a separate file. If the signature is attached (one file with the document), then the application will not be considered.
• If multiple signatures are required, interested parties must submit them in separate files. One signature - one file.
• If any full name is used in the text of the document, then there must be a separate file with its qualification signature.
• Only in extreme cases, when sending electronic documents through the “My Arbitrator” system, an individual or his representative is allowed to use a personal account, which can also be recognized as an electronic signature. It can be used when submitting scans or copies of documents on paper to the court. These copies must be made only in monochrome.
• Documents can only be submitted in one format - PDF, and they must not be protected from copying when received by the judicial authorities. Copying and printing protection is prohibited. The size of documents should not be more than 30 MB. To find out whether the prepared document meets these requirements, just right-click on it and enter the “Properties” parameter. In this window, data about the document will be available, including its actual size.
• The name of the electronic document is selected based on certain rules. So, if one sheet is sent with the calendar date of 10.10.2017, then the name of the document will look like this - “Application_No. 1_101017g_1l.pdf”. It is required to connect the parts of the name with a “lower hyphen”. Any document sent through the “My Arbitrator” system must be in one file. One document - one file. It is also prohibited to combine several documents in one file.
• The procedure for submitting documents to the judicial authorities can be studied on the service http://www.supcourt.ru. The owner of this service is the Supreme Court of the Russian Federation. The procedure itself was approved by the Judicial Department by Order No. 252, which came into force in 2017.

What should be included in the documents

qualified electronic signature (EDS);

USB flash drive with key

CryptoPro CSP (cryptographic information protection)

When electronic documents can be rejected in court

There are situations when judicial authorities may reject a received electronic document. This can be done for various reasons. Therefore, before sending documents, it is necessary to find out the reasons why documents may be rejected.

• The document was compiled incorrectly and is unreadable. Examples include upside-down pages, missing pages, incorrect numbering, unreadable characters, and so on. Also, if there is no document numbering, which makes it impossible to assess the completeness of its volume. A file that does not contain a document at all or is written in a foreign language.
• When sending, the address of the judicial authority was incorrectly indicated.
• Inconsistency with the format and required parameters for size, name, and other official requirements.
• Duplicate text that was sent earlier.
• One file contains several documents. This is prohibited by the rules for filing documents in courts. Each document must be placed in a separate file.
• Documents with copy and print protection installed will also not be considered. If the document includes interactive elements made in the JavaScript programming language or another language. There are hidden program elements or other code. File with viruses.
• Electronic signature for the court does not comply with the established format.
• The document does not contain an electronic signature, which is required in a separate file.
• If the certification of a qualified electronic signature is invalid or expired, there are additions or changes to the contents of the document after the signing procedure. If there are several applicants, the submitted document does not contain their signatures in graphic format.
• If there is a discrepancy between the number of the case under consideration, which was indicated when applying to the judicial authorities when submitting documents through the “My Arbitrator” system, and its actual number in court.
• In the case when documents are submitted through a representative, but he does not have a normal power of attorney or it has expired or is no longer valid. In this case, the representative loses his powers.

Order your digital signature for the court right now! Our specialists will help you collect documents for obtaining an electronic signature and answer all your questions. Call!

Tariffs and cost of certificates

Tariff Basis FL includes:

qualified electronic signature certificate for individuals.

Since January 2017, changes have come into force allowing you to go to court in a more convenient and faster manner. Now citizens will be able to submit documents to the court remotely, not only to the Arbitration Court, but also to the Supreme Court of the Russian Federation. Amendments made to the Civil and Criminal Procedure Codes make it possible to send an application or complaint without leaving home. How to go to court remotely and what is required for this will be discussed in the article below.

Methods for submitting electronic documents to court

The changes that have entered into force allow remote transfer of documents to both the Arbitration Court and the Supreme Court in two ways. Both options require the applicant to have an electronic signature for the “My Arbitrator” online system, through which the documents will be sent.

1. The first method is to create an electronic image of the document. In practice, this means that the applicant has a printed version of the document that needs to be scanned. A scanned copy in PDF format must be signed with an electronic signature. It is important to emphasize that if the transferred documents are used at a court hearing, they will most likely need to be provided to the court in paper form.
2. The second option is to create the document initially in electronic form. The signatory also needs to use an electronic signature in order to give legal force to such a document. In addition, an electronic signature will reliably protect the information in the file from copying.

Benefits of the new order

Experts note that the introduction of this procedure allows not only to reduce time costs, but also provides a number of other opportunities:

• You can submit electronic documents in arbitration, civil and administrative cases;
• there is no need for copies of electronic documents signed with digital signature;
• electronic images of paper documents can be signed with both a qualified and a simple electronic signature;
• scanned copies can be transferred with preservation full color rendition(if necessary);
• The file size can reach 30 MB;
• An electronic digital signature for filing a lawsuit can be obtained from any certification center.