Regulating criminal liability for violations related to the use of digital signatures in the context of the digitalization of the economy

摘要

The legal framework regulating the use of digital signature is one of the necessary conditions for the introduction of electronic document management, which is a required step to ensure the functioning of the digital economy. Currently, a qualified digital signature, the certificate for which is issued by an accredited certifying center, is a full replacement of the handwritten signature. However, in modern Russian practice, there are cases when qualified digital signature is issued and used illegally, for real estate fraud, registering companies, which are subsequently used as "one-day" fronts for carrying out fraudulent encashment and money laundering operations, commercial fraud and tax evasion. Legislature takes measures for prevention of the illegal actions connected with use of electronic signatures, however to be efficient, such actions must be reinforced with establishment of a criminal liability for illegal actions related to the use of digital signatures. In view of this, the authors give reasons for the criminalization of the following acts by the employee of the accredited certifying center: negligence with regard to proper identification of applicants, creation and distribution of digital signature certificates to unauthorized persons, and also acquiring or using digital signature certificates by unauthorized person. This will allow for a greater degree of protection of economic relations in the context of their digitization.