Екатерина Чернявская
Проект1 соответствующего закона размещен Минкомсвязью России на Федеральном портале проектов нормативных актов. Министерство предлагает лишить частные компании права выдавать квалифицированные электронные подписи, оставив такое полномочие только у органов государственной власти и подведомственных им государственных учреждений. Предполагается, что полномочиями по вручению квалифицированных сертификатов электронных сертификатов могут быть наделены МФЦ или нотариусы. А за их изготовление будет необходимо уплатить государственную пошлину.
Получить усиленную квалифицированную электронную подпись поможет «Электронный экспресс» в составе информационно-правового обеспечения ГАРАНТ
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Для этого планируется внести изменения в ряд статей Федерального закона от 6 апреля 2011 г. № 63-ФЗ «Об электронной подписи» (далее – закон об электронной подписи) и Федерального закона от 26 декабря 2008 г. № 294-ФЗ «О защите прав юридических лиц и индивидуальных предпринимателей при осуществлении государственного контроля (надзора) и муниципального контроля». В случае принятия законопроекта, частные компании потеряют право выдавать квалифицированные электронные подписи через два года после даты официального опубликования закона.
Добавим, что в настоящий момент изготовление и выдача электронных подписей осуществляется удостоверяющими центрами, аккредитованными Минкомсвязью России. При этом министерство является головным удостоверяющим центром (подп. 1-2 п. 2 ст. 8 закона об электронной подписи).
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Анатолий Миклашевич, исполнительный директор Ассоциации РОСЭУ
«По оценкам Ассоциации РОСЭУ, только для передачи полномочий коммерческих УЦ государственным органам понадобится разово 20 млрд руб., плюс ежегодные расходы. Помимо этого, 15 000 человек, работающих в настоящий момент в УЦ, окажутся без работы. В качестве альтернативы стоило бы рассмотреть вариант ужесточения требований к УЦ, определить контролирующий орган за их исполнением, к примеру, Роскомнадзор. И за нарушения правил выдачи ключей сертификатов квалифицированных подписей лишать аккредитации. При этом стоит предусмотреть механизм, не позволяющий УЦ, лишенным аккредитации, вернуться на рынок».
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