Electronic document - Information technologies in legal activity

Electronic document

Understanding the term electronic document is associated with the definition of the concept of an ordinary document.

In various normative legal acts, definitions of the concept "document" are not quite unambiguous. The most accurate definition is contained in the law "About information": documented information (document) - information recorded on a physical medium with details allowing to determine such information or in the cases established by the legislation of the United States its material carrier.

Somewhat differently, the concept of document defines the National Standard of the United States GOST R ISO 15489-1-2007 "The system of standards for information, library and publishing. Document management. General requirements & quot ;. Document is an identifiable information recorded on a tangible medium, created, received and stored by an organization or an individual as evidence when confirming legal obligations or business activities (24).

The main features of the document are details and connectedness of the contained information (including requisites) with the material carrier, on which the information is fixed.

The document details allow you to identify (identify) the information contained in the document text.

State Standard US GOST R 6.30-2003 Unified documentation systems. Unified system of organizational and administrative documentation.

Document Execution Requirements to the composition of requisites as an obligatory elements of registration of the document includes only 30 titles (25).

When preparing and processing documents use the following basic requisites: State Emblem of the United States; an organization's logo or trademark (service mark); name of company; name of the type of document; date of the document; document registration number; destination; resolution; heading to the text; the text of the document; signature; vignette and visa approval documents; print impression; a note about the performer; a note on the receipt of the document in the organization; the ID of the electronic copy of the document, etc.

In the texts of state standards, material carrier of documented information is defined as a material object used to fix and store speech, audio or visual information on it, including in a transformed form (26).

The material carrier can be paper, magnetic, electronic or optical, computer disk, photograph or reference sample, or a combination thereof (27).

A variation of the document's material carrier is machine-readable medium , on which the documented information is recorded in ways that enable the processing of such information by an electronic computer (28).

Thus, the material carrier of documented information can be both paper (traditional) and electronic (machine-readable).

A traditional material carrier captures a document created on paper. Such a document has the basic requisites (signature, stamp and visa approval documents, print impressions, etc.) created by mechanical (handwritten) methods, although other mandatory elements of document processing (requisites) can be created and with the help of a computer.

Electronic (machine-readable) material carrier captures a document created with the help of a computer.

Characteristics of the document

The document should objectively reflect the circumstances of life and the management of society: what exactly is being done or decided, what action is taken in connection with this, having a legal significance.

The document must meet the needs of the business activity to which it refers. An equally important requirement for a document is its use for reporting purposes.

The national standard of the United States GOST R ISO 15489-1-2007 "The system of standards for information, library and publishing. Document management. General requirements (24) defines the general requirements that characterize the document:

1. Authenticity.

In order to ensure the authenticity of documents, it is necessary to establish the principles and procedures for control over the creation, receipt, transfer, storage and selection (seizure) of documents, thereby ensuring that the creators of documents can be identified and documents are protected from unauthorized addition, deletion, modification , use and concealment (secrecy).

2. Reliability.

A trustworthy document is the content of which can be considered a complete and accurate reflection of operations or facts that can be trusted in subsequent operations or in subsequent operations. Documents should be created during or immediately after the operation or situation to which they relate. Documents are created by persons who reliably know operations or facts.

3. Integrity.

The integrity of the document is determined by its completeness and immutability.

The policies and procedures for managing documents should indicate which additions or changes can be applied to a document after its creation, under what circumstances additions or changes can be permitted and who is authorized to do so. Any authorized changes, additions or deletions in the document should be clearly marked and controlled.

4. Suitability for use.

A document that can be localized, found, reproduced and interpreted is usable. During playback, it must reflect the relationship to the business activity or operation, as a result of which it was created. Contextual references of documents should carry the information necessary for understanding of operations of business activity in which these documents have been created and applied.

5. Systematic.

Documents should be created in an orderly document management system, including their use and security. Systematic work in the field of document management is achieved through the design and implementation of both a document management system and other business management systems.

The above characteristics of the document also determine the possibility of their management and use. The document management system should be able to function for a long time and efficiently in accordance with the required procedures for working with documents.

Therefore, the standard introduces the concept of document management systems - an information system that provides collection of documents (inclusion of documents into the system), document management and access to documents.

The concept of "management of documents" (records management) is defined as a set of planned and effective actions to create, use, store and destroy documents in organizations to prove the conduct of business (management) operations.

The document management system should:

• include all documents in the scope of the business activities it covers in accordance with the established procedure;

• organize documents in such a way as to reflect the processes of business activity of the creator (executor) of documents;

• Protect documents from unauthorized access (changes, seizures or destruction);

• act as the main source of information about actions documented in documents;

• Provide access to all relevant documents and related metadata.

All organizations should develop and apply instructions that govern document access.

Access restrictions may apply to both employees of the organization and to unauthorized users. Access to documents should be limited, if required by business activities. Access restrictions must be valid for a reasonably established period of time, after which they must be canceled or modified.

Ensuring appropriate access control is achieved by assigning a specific access status to both documents and individuals.

Managing the access process provides the following conditions:

• Documents are categorized according to their access status at a specific time;

• documents can only be accessed by persons with access status;

• classified documents or documents with restricted access can be read only if there is an appropriate permit;

• processes and operations with documents are performed only by those who are allowed to execute them;

• the business units responsible for certain business functions establish the degree of availability for documents related to their area of ​​responsibility.

A very important circumstance clarifying the meaning of documented information is the definition of the concept of "metadata (metadata) - data describing the context, content, structure and management of documents (24).

The rules of the standard define the requirements for metadata:

• the structure of the document, its format and the relationships between the constituent elements of the document must remain unchanged, not distorted by the metadata;

• The metadata about the document should reflect the context of its creation, receipt and use (including the business process, of which the operation is a part, the date and time of the operation and its participants);

• In the metadata about the document, the links between the individual documents that make up a single set of documents should be presented.

In other words, the concept of metadata determines the content, structure and use of any document in the context of mass application of information and telecommunication technologies. Therefore, the concept of metadata refers primarily to the electronic form of the document.

The About Information gives the definition of the concept electronic document - documented information presented in electronic form, that is, in a form suitable for human perception using electronic computers, as well as for transmission through information and telecommunications networks or processing in information systems.

In the above definition, the main feature of the electronic document is identified - its electronic form, ie. a special kind of information that is created with the help of unique computer capabilities: the use of a special artificial language (binary system of symbols) the formation of accounts, computing capabilities and computer memory that have physical and technical (electronic) characteristics.

Therefore, the first sign of the concept of "electronic document" is its electronic form, which is attached to it as a result of creation and processing on a computer.

The second sign is the special rules for documenting, i.e. rules for creating (filing), submitting and transmitting an electronic document to interested persons.

The third sign of the concept of "electronic document" is to endow it with mandatory elements (requisites).

The documented information created on the computer and issued the necessary requisites for the rules - this is not a full-fledged electronic document, but only the original document on a paper medium.

When such a document is entered into an electronic interaction system, it becomes vulnerable to distortions and imitations. In this case, the electronic document needs special protection. In addition, such funds are necessary to establish the authenticity of the handwritten signature, i.e. for identification of a person. These functions are performed by an electronic signature, which becomes the main requisite of the electronic document.

Thus, an electronic document is endowed with a special props - an electronic signature.

The special rules for working with electronic documents are set The rules of the office work in federal executive bodies (29).

In the federal executive body, electronic documents are created, processed and stored in the electronic document management system - the movement of electronic documents from the time they are created or received to the completion of execution, placement in the case and/or sending to the electronic archive.

Electronic signatures are used to sign electronic documents of the federal executive body. Used means of electronic signature must be certified in the established order.

When considering and agreeing electronic documents in the electronic document management system of the federal executive authority, methods of confirming actions with electronic documents in which the electronic signature is not used can be used.

The reception and sending of electronic documents are carried out by the office service - the structural subdivision of the federal executive authority, which is responsible for the management of records management, as well as the persons responsible for the conduct of records management in other structural subdivisions of the federal executive body .

When receiving electronic documents, the office service checks the authenticity of the electronic signature.

When transferring the received electronic documents to the head of the federal executive authority, sending electronic documents to structural units and executives of the federal executive authority, sending electronic documents and storing electronic documents along with electronic documents, their registration data is transferred.

Executable electronic documents are systematized in cases that represent a special folder. The case is a collection of documents or a separate document relating to a single issue or area of ​​activity of the federal executive body in accordance with the nomenclature of cases of the federal executive body.

The nomenclature of cases is a systematized list of names of cases formed in the federal executive body, indicating the terms of their storage.

When composing the nomenclature, it is indicated that the case is being processed electronically.

Electronic documents after their execution are subject to storage in the established manner in the federal executive body during the periods provided for similar documents on paper. The storage of electronic documents has features other than how to store documents on paper. They are explained by the technical and technological features of creating an electronic form of information and long-term storage. To store material carriers of electronic information, a special storage medium (humidity, temperature regime, etc.) is needed. In addition, during storage, both the technical specifications of the computer and the software for using electronic documents may change.

After the expiration of the period set for the storage of electronic files (electronic documents), on the basis of the act on their allocation to destruction approved by the head of the federal executive authority, these electronic files (electronic documents) are subject to destruction.

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