Annex 5 to the regulations of the certification center. Regulations for the provision of certification center services. Types of non-confidential information

MINISTRY OF COMMUNICATIONS AND MASS COMMUNICATIONS OF THE RUSSIAN FEDERATION

ORDER

23.11.2011 №320

About accreditation of certification centers

Pursuant to paragraph 3 of paragraph 4 of Article 8 federal law dated April 6, 2011 No. 63-FZ “On electronic signature» (Collection of Legislation Russian Federation, 2011, No. 15, art. 2036; No. 27, art. 3880)

HR documentation, including copies employment contracts employees directly involved in the creation and issuance of certificates of electronic signature verification keys (with job regulations attached) and copies of documents of employees directly engaged in the creation and issuance of certificates of electronic signature verification keys of the highest vocational education in the field of information technology or information security (diploma of the established state standard) or copies of documents on retraining or advanced training on the use of an electronic signature (certificates of the established form);

necessary for the implementation of the activities provided for by the Federal Law on Electronic Signature of the license and other permits.

15. When conducting a documentary audit, the authorized body is not entitled to demand from the audited CA information and documents that are not related to the subject of documentary verification, as well as information and documents that can be received by this body from other bodies of state control (supervision), including federal executive authority in the field of security, municipal control bodies.

v.Conducting an on-site inspection

16. The subject of the on-site inspection is the information contained in the documents of the CA, as well as the compliance of their employees and technical means of the CA, the services provided by the CA with the requirements established by the Federal Law on Electronic Signature.

17. An on-site inspection (both scheduled and unscheduled) is carried out at the location of the accredited CA, and (or) at the place of actual implementation of the activities of the CA.

18. An on-site verification is carried out if, during a documentary verification, it is not possible to verify the completeness and reliability of the information contained in the documents of the CA specified in paragraph 14 of this Procedure, confirming its compliance with the requirements of the Federal Law on Electronic Signature or to verify the compliance of the CA with the requirements of the order of the authorized organ.

19. An on-site inspection begins with the presentation of an official certificate by officials of the authorized body, mandatory familiarization of the head or other official CA with the order of the head of the authorized body on the appointment of an on-site inspection and with the powers of the persons conducting the on-site inspection, as well as with the goals, objectives, grounds for conducting an on-site inspection, the types and scope of control measures, the composition of experts, representatives of expert organizations and those involved in the on-site inspection, with the terms and conditions of its implementation.

20. The head, other official or authorized representative of the CA is obliged to provide the officials of the authorized body conducting the on-site inspection with the opportunity to familiarize themselves with the documents related to the goals, objectives and subject of the on-site inspection, as well as provide access to the officials conducting the on-site inspection and participating in on-site inspection of experts, representatives of expert organizations to the territory, to the buildings, structures, structures, premises used by the CA in the implementation of activities, to the technical means and software used by the CA.

21. The authorized body has the right to involve experts accredited by the CA, expert organizations that are not members of civil law and labor relations with a legal entity, an individual entrepreneur, in respect of which an audit is being carried out, and non-affiliated persons of the audited persons. Employees of other bodies may also be involved in the on-site inspection of accredited CAs state power within their competence.

In order to confirm the compliance of the use by the accredited CA of the means of electronic signature and the means of the certification center with the requirements of technical and operational documentation, employees of the federal executive body in the field of security are involved in the on-site inspection of accredited CAs.

VI. Results of the audit

22. Based on the results of the check, officials of the authorized body draw up an act in the prescribed form in two copies.

The verification report states:

1) the date, time and place of drawing up the inspection report;

2) the name of the authorized body;

3) date and number of the order of the head of the authorized body;

4) last names, first names, patronymics (if any) and positions of the official or officials who conducted the inspection;

5) the name of the verified accredited CA, as well as the last name, first name, patronymic and position of the head, other official or authorized representative legal entity who were present during the inspection;

6) date, time, duration and place(s) of the inspection;=

7) information on the results of the audit, including violations of mandatory requirements and requirements established by municipal legal acts, about their nature and about the persons who committed these violations;

8) information about familiarization or refusal to familiarize with the act of verification of the head, other official or authorized representative of the legal entity, individual entrepreneur, his authorized representative, who were present during the verification, about the presence of their signatures or about the refusal to sign, as well as information about making an entry in the inspection register about the inspection carried out or about the impossibility of making such an entry due to the absence of the indicated journal in the legal entity, individual entrepreneur;

9) signatures of the official or officials who conducted the inspection.

23. The audit report is drawn up immediately after its completion in two copies, one of which with copies of the applications is handed over to the head, other official or authorized representative of the CA against a receipt for familiarization or refusal to familiarize with the audit report.

In the absence of the head, other official or authorized representative of the CA, as well as in the event of the refusal of the person being checked to give a receipt for familiarization or refusal to familiarize themselves with the verification act, the act is sent by registered mail with a return receipt, which is attached to a copy of the verification report stored in the case of the authorized body.

24. In the event that accredited CAs are found to be in non-compliance with the requirements of the Federal Law on Electronic Signatures, the authorized body, upon completion of the verification, issues an order to the CA to eliminate violations within the prescribed period and suspends the accreditation of the CA for this period with the inclusion of information about this in the list of accredited certification centers whose accreditation suspended.

25. In the event that violations of the CA are not eliminated within the period specified in the order, the authorized body cancels the accreditation of the CA, enters the relevant information into the list of certification centers whose accreditation has been canceled and sends to the CA a notice of cancellation of accreditation indicating the reasons.

In accordance with subparagraph 1 of part 2 of Article 8 of the Federal Law of April 6, 2011 No. 63-FZ “On Electronic Signature” (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2011, No. 15, Art. 2036; No. 27, Art. 3880).

In accordance with paragraph 5 of Article 12 of the Federal Law of December 26, 2008 No. 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control" (Collected Legislation of the Russian Federation, 2008, No. 52, 6249; 2009, No. 18, 2140; No. 29, 3601; No. 48, 5711; No. 52, 6441; 2010, No. 17, 1988; No. 18, 21424 3 31, Article 4160, Article 4193, Article 4196; No. 32, Article 4298; 2011, No. 1, Article 20; No. 17, Article 2310; No. 23, Article 3263; No. 27, Article 3880 ; No. 30, item 4590; No. 48, item 6728).

Table of contents
1. Terms and definitions
2. Status of the Regulation
3. Services of the Certification Authority
4. Responsibilities of the Certification Authority
5. Obligations of the Client
6. Financial conditions
7. Responsibility of the Parties
8. Privacy
9. Applicable law
10. Termination of the Master Agreement
11. The procedure for amending the Regulations
12. Additional terms
13. Information about TechnoKad LLC
List of applications.

1. Terms and definitions

1.1. The following terms used in the text of these Regulations are used in their following meanings:

Verification Center - structural subdivision TechnoCad LLC, which performs the target functions of the Certification Authority in accordance with the current legislation of the Russian Federation and the regulations of the Certification Center of TechnoCad LLC.

Client - a legal entity or an individual who has entered into a General Agreement with TechnoKad LLC.

Qualified Electronic Signature Verification Key Certificate (KSKKEP) - an electronic signature verification key certificate issued by an accredited Certification Authority or a trustee of an accredited Certification Authority, or a federal executive body authorized in the field of electronic signature use (hereinafter referred to as the authorized federal body).

An electronic signature verification key is a unique sequence of characters uniquely associated with an electronic signature key and designed to verify the authenticity of an electronic signature (hereinafter referred to as electronic signature verification).

Electronic signature key - a unique sequence of characters designed to create an electronic signature.

Personal Area - information resource in the global computer network Internet, which makes it possible to request (create a request for a certificate of an electronic signature verification key) a qualified certificate of an electronic signature verification key, which can be issued by the Licensor's Certification Authority or another Certification Authority with which the Licensor has an appropriate agreement. Permanent resource address: https://private.site:4433/

Certification Authority User (CA User) - an individual (in the case of a legal entity joining the Regulations, an authorized representative of the Party that acceded to the Regulations) registered with the Certification Authority.

The owner of the certificate of the electronic signature verification key is a person who, in accordance with the procedure established by these Regulations, has been issued a certificate of the electronic signature verification key.

Electronic signature means - encryption (cryptographic) means used to implement at least one of the following functions - creating an electronic signature, verifying an electronic signature, creating an electronic signature key and an electronic signature verification key.

Electronic signature - information in electronic form, which is attached to or otherwise associated with other information in electronic form (signed information) and which is used to identify the person signing the information.

Parties - collectively referred to as the Certification Authority and the Client.

Master Agreement - an agreement on acceptance of the terms of this Regulation, which is concluded by sending the Client to TechnoCad LLC an Application for registration of the User in the Certification Center of TechnoCad LLC and the production of a certificate of the key for verifying the signature of the User of the Certification Center of TechnoCad LLC. The terms of the General Agreement are contained in these Regulations and its annexes.

Application - a special written request drawn up by the Client in the form provided for in Appendix No. 2 to these Regulations.

Temporary access card - an identifier (decimal number) and a secret password (five-digit symbolic value), which are provided to the Certification Authority User who does not have a valid ES key, for the formation and submission of a request to the Certification Authority for KSKEEP through the Certification Authority User's personal account.

Website of TechnoCad LLC - the website of TechnoCad LLC in the global computer network Internet, on which TechnoCad LLC posts information about its own services, including information about any changes in the text of these Regulations, current tariffs for services, authorized persons of TechnoCad LLC and any other information, the disclosure of which is provided for by these Regulations. Permanent address of the website of TechnoKad LLC.

Software product - a copy of a program for electronic computers (computers), including documentation in electronic form, which is an object of civil law and is protected by law.

License - non-exclusive proprietary copyright to use a copy software product by reproduction limited to installation (installation), recording to the computer memory and launching an instance of the software product.

1.2. Other terms not specifically defined by these Regulations are used in the meanings established by the legislation of the Russian Federation and other regulatory legal acts.

2. Status of the Regulation

2.1. This “Regulations for the provision of services of the Certification Center of TechnoCad LLC” (hereinafter referred to as the “Regulations”) determines the conditions under which TechnoCad LLC provides legal and individuals services of the Certification Center to ensure information interaction of cadastral registration and registration of rights and persons interested in obtaining or providing data for accounting systems (Unified state register rights or the State Real Estate Cadastre) using certified means of cryptographic information protection, provided for by the Federal Law of July 13, 2015 No. 218-FZ “On state registration real estate”, Federal Law No. 126-FZ of July 7, 2003 “On Communications”, Federal Law No. 149-FZ of July 27, 2006 “On Information, Information Technologies and Information Protection”, Federal Law No. 63-FZ of April 6, 2011 “On Electronic Signature”, Federal Law No. 99-FZ dated May 4, 2011 “On Licensing certain types activities".

An exhaustive list of all services provided by TechnoCad LLC in accordance with these Regulations is recorded below in the text of the Regulation, its annexes and the Price List for the provision of services by TechnoCad LLC.

2.2. The publication of these Regulations, including the distribution of its text in the global computer network Internet on the website of TechnoCad LLC www.site, should be considered as a public offer (offer) by TechnoCad LLC to conclude a General Agreement, essential conditions which are set out in these Regulations.

2.3. This offer is addressed to organizations and individual entrepreneurs operating in accordance with the legislation of the Russian Federation, as well as individuals, and is valid exclusively on the territory of the Russian Federation.

2.4. The conclusion of the General Agreement with TechnoKad LLC is carried out by making a written acceptance of the terms of this Regulation. Acceptance of these Regulations must be made by sending an Application to TechnoKad LLC, the form of which is provided for in Annexes No. 2 and 3 to these Regulations, which are an integral part of the Regulations.

2.5. The conclusion of the General Agreement is made on the terms provided for the accession agreement in accordance with Art. 428 of the Civil Code of the Russian Federation, i.e. by acceding to the Regulation as a whole, subject to the conditions and reservations set out in the annexes to this Regulation.

2.7. In addition to posting on its official website on the Internet www.site, the office of TechnoKad LLC stores the original of this Regulation with all attachments, stitched and certified with the seal and signature of the General Director of TechnoKad LLC. By accepting these Regulations, the Client agrees that in the event of a dispute, the text of the Regulations and its appendices, which is bound, numbered, signed by the General Director and sealed by TechnoKad LLC, is accepted as evidence.

3. Services of the Certification Center

3.1. TechnoCad LLC provides services in accordance with the regulations of the Certification Authority, the List and description of the services of the Certification Authority (Appendix No. 1), the Client's Application (in the form of Appendices No. 2 and 3) and other documents specified in this Regulation and its annexes.

3.2. The services provided for by these Regulations are provided subject to payment by the Client in accordance with financial terms of this Regulation.

4. Responsibilities of the Certification Authority

4.1. Provide the Client with services in accordance with the list and conditions defined by these Regulations and annexes to these Regulations.

4.2. Strictly comply with the provisions of regulatory legal and other acts, as well as the legal regime of cryptographic information protection tools and the established rules for using cryptographic information protection tools (the current rules are published on the TechnoKad LLC website on the Internet at www.site).

4.3. To carry out the publication of all updated documents (hereinafter referred to as information disclosure) on the website of TechnoKad LLC on the Internet at www.site in accordance with the procedure provided for in section 11 of the Regulations.

4.4. The Certification Center has the right to suspend the operation of the KSCCEP in the event that the Client fails to fulfill the obligations provided for in clauses. 5.1, 5.2 of this Regulation. In case of non-fulfillment by the Client of the obligations provided for in paragraphs. 5.1, 5.2 of these Regulations, within 30 (thirty) calendar days from the moment of suspension of the KSKEPS, the KSKEPS is revoked by the Certification Authority.

5. Obligations of the Client

5.1. Pay for the services of the Certification Center in accordance with the amounts and terms of payment determined by these Regulations, the Price List for the provision of services by TechnoCad LLC.

5.2. Strictly comply with the regulations of the Certification Center of TechnoCad LLC, which is published on the website of TechnoCad LLC on the Internet at www.website, the legal regime of cryptographic information protection tools and the established rules for using cryptographic information protection tools (the current rules are published on the website of TechnoCad LLC "on the Internet at ).

5.3. Independently provide access via the public Internet network to the telecommunications resources of TechnoCad LLC;

5.4. Provide the Certification Center with reliable information and original documents (their copies).

6. Financial conditions

6.1. The Client pays for the services of the Certification Center in the manner, in the amount and on the terms determined by these Regulations, the Price List for the provision of services by TechnoCad LLC.

6.2. TechnoCad LLC issues invoices to the Client for the services provided under these Regulations using generally accepted means of communication (fax, mailing, e-mail, "Personal account", etc.). At the Client's request, the invoice may be issued to the Client's representative.

7. Liability of the parties

7.1. For non-fulfillment and / or improper fulfillment of obligations under these Regulations, the Parties shall be liable in accordance with the current legislation of the Russian Federation.

7.2. TechnoCad LLC is not responsible for the consequences of the Client's compromise of the used ES keys, other violations of the Rules for the use of cryptographic information protection tools in the relevant electronic document management system committed by the Client.

7.3. TechnoCad LLC is not responsible for the validity of the documents provided by the Client, as well as for the accuracy of the information specified by him in the Application.

7.4. An integral part of this Regulation is the force majeure clause (exemption from liability) of the International Chamber of Commerce (ICC Publication No. 421 E).

8. Privacy

8.1. For the purposes of the Regulation, confidential information means any information and data, written or oral, including, among other things, business, commercial information, including tax, accounting and other reporting, prices and sales volumes, research, production information, information about developments, activities, performance, processes, products and any other commercial and technical information, know-how, samples, models, equipment (if any) and all data media containing or disclosing such information and technologies as disclosed by the Parties each other in accordance with the Regulations.

8.2. Confidential information exchanged by the Parties in accordance with the Regulations is not distributed, disclosed or distributed in any way or in any form by the receiving party to anyone other than its own employees, and involved in the performance of obligations under the Regulations and annexes to it, third parties who have a legitimate need to know the above information.

8.3. Obligations provided for in clause 8.1. of the Regulations shall not apply, however, to any information that:

- is already in the public domain or becomes available to the public without violation by the receiving party;
- was lawfully at the disposal of the receiving party without obligation of non-disclosure of confidential information prior to its receipt from the disclosing party, which is confirmed by written documents of the receiving party;
- according to the available evidence, was lawfully obtained from a third party without obligation of non-disclosure of confidential information;
− approved for disclosure by written consent of the disclosing party;
− is subject to mandatory disclosure in accordance with the norms of the current legislation of the Russian Federation.

9. Applicable law

This Regulation and the legal relations of the Parties arising from it are governed by the current legislation of the Russian Federation.

10. Termination of the Master Agreement

10.1. Either Party has the right to terminate the General Agreement unilaterally by notifying the other Party in writing no later than 30 (thirty) calendar days before the expected date of termination of the General Agreement. The Parties shall make final mutual settlements within 10 (ten) calendar days from the date of termination of the General Agreement.

10.2. TechnoKad LLC has the right to unilaterally refuse to execute the General Agreement without prior notification of the Client provided for in clause 10.1 in case of violation by the Client of the provisions of clauses. 5.2 of these Regulations, by sending the appropriate notice to the Client within a reasonable time.

11. The procedure for amending the Regulations

11.1. The current versions of the Regulations for the provision of services, the Price List for the provision of services by TechnoCad LLC and the regulations of the Certification Authority are posted on the website of TechnoCad LLC on the Internet at www..

11.2. TekhnoKad LLC has the right, subject to the provisions of clause 11.8 of the Regulations, to unilaterally make changes and / or additions to the Regulations, including changing the prices for the services of the Certification Center, as well as the composition and conditions for the provision of services (including financial), determined by Appendix 1 to the Regulations and the Price List for the provision of services by TechnoCad LLC.

11.3. The certification authority discloses information on the website of TechnoCad LLC on the Internet at .

11.4. Changes/additions to the terms of this Regulation and its annexes come into force after the mandatory procedure for the preliminary disclosure of information by the Certification Authority. Preliminary disclosure of information on amendments and additions to the essential terms of the Regulations and annexes thereto is carried out by the Certification Center no later than 7 (seven) calendar days before the entry into force of these amendments and/or additions.

11.5. Changes and additions made to these Regulations in connection with changes in the legislative and regulation come into force simultaneously with the entry into force of amendments to these acts.

11.6. In order to ensure guaranteed familiarization of all persons who have acceded to the Regulations before the amendments or additions come into force, these Regulations establish the obligation for the Client at least once a week, independently or through authorized persons, to contact the website of TechnoCad LLC for information about the changes / additions made to the Regulations, its annexes, the Price List for the provision of services by TechnoCad LLC and other documents referred to by the Certification Center in the process of providing services under these Regulations. Acceptance of these Regulations on other terms is not allowed.

11.7. Any changes and additions to the Regulations, its annexes, the Price List for the provision of services by TechnoCad LLC and other documents referred to by the Certification Center in the process of providing services under these Regulations from the moment they enter into force in compliance with the procedures of this section, shall equally apply for all persons who acceded to the Regulations, including those who acceded to the Regulations before the date the amendments come into force.

11.8. If the Client does not agree with the changes/additions made to the Regulations, annexes thereto, the Price List for the provision of services by TechnoCad LLC and other documents referred to by the Certification Center in the process of providing services under these Regulations, the Client informs about this in TechnoCad LLC in writing within 3 (three) working days from the date of disclosure of information (clause 4.3. of the Regulations). In this case, the General Agreement is terminated from the date of entry into force of changes / additions to the Regulations, annexes to it, the Price List for the provision of services by TechnoKad LLC and other documents referred to by the Certification Center in the process of providing services under these Regulations.