As a result of studying this chapter, the student must:
• methods and tools for creating and processing electronic documents;
• Requirements for electronic document management systems
• Features of the electronic digital signature;
be able to
• choose an electronic document management system that implements all the necessary functions but the execution of electronic documents;
• distinguish types of electronic signatures;
• skills in organizing electronic document management in the relevant spheres of professional activity.
Concepts of electronic document and electronic document management
Electronic data interchange is a reality, which practically everyone today faces. Information systems, computer networks, e-mail - this is far from a complete list of the means by which data is exchanged electronically.
In the past decade, new tools for the effective provision of managerial processes have appeared and are spreading. Including it is a question of the software intended for processing of administrative documents. Here, first of all, it is necessary to mention the software of classes document management systems and business process management systems .
Such systems are software complexes that can be used to solve a number of tasks, including building corporate systems for electronic document management. In order to automate the process of processing a document in an organization from the time it was created or received to the time it was sent to the correspondent or completed and written off, the following functions should be provided to the case:
• registration of documents entering into the organization, outgoing from the organization of documents and internal documents;
• taking into account resolutions issued by documents of the organization's management and setting up documents for control;
• centralized control over the execution of documents;
• writing down documents in the case;
• conducting information and reference work;
• Formation of clerical reports on the organization as a whole.
Using the electronic document management system allows you to organize the transfer of data on the progress of execution of documents in electronic form, which qualitatively changes the organization of control over the execution of documents. Cards of centrally registered documents with management resolutions are sent electronically to the employees of the relevant units. They supplement them with resolutions on the execution of documents issued by heads of structural units. As data on the progress of the documents are available, this data is entered into the system. At the same time, the system automatically tracks the arrival of the date of advance notice of the approach of the deadline and the arrival of the term itself. Interested users of the system are informed of the dates mentioned.
The process of coordinating the drafts of documents is also significantly modified, in which the staff participating in the reconciliation process are given the opportunity to exchange electronic versions of the agreed projects. This technology allows you to reduce the time spent on transferring projects in paper form.
The electronic document management system necessarily includes the current electronic archive, which solves problems of prompt access to information and the availability of simultaneous use of the document by several employees. This form of organization of storage significantly reduces the likelihood of information loss and increases operational efficiency by reducing the time required to search for the required document. Keeping the texts of documents in electronic form allows you to implement full-text search, which opens up fundamentally new opportunities when conducting information and reference work, for example, allows you to make thematic collections of documents on their content. Using an electronic archive eliminates the need to create a fund for the use of archival documents, because an electronic document can be issued at any time.
From the legal point of view, the concept of electronic document management differs from the concept of electronic data interchange. The basis of the first is the legitimacy (procedural admissibility and evidentiary power) of electronic documents. Therefore, along with the improvement of information technologies, its legislative support, whose essence consists in making the legal status of the document available to the public, should play an important role in the process of creating an electronic document management infrastructure.
The main function of a traditional document is to certify some information. In drawing up and using the document, there are two aspects: first, some information, and secondly, the document itself as a material thing that can be presented or transferred. The presence of this material thing allows you to confirm the truth of the information contained in the document. Perhaps, to confirm the truth, it is necessary to do some procedure - expertise to verify the authenticity of the document.
The information contained in the document can also be divided into two parts. The first part is directly content, the second - auxiliary information, which makes it possible to establish its authenticity (authenticity). It includes details such as outgoing numbers, signatures and seals.
The content, both content and media, can include data about the time, conditions and place of the document.
It should also be noted that in the case of a paper document, the original exists in a limited number of copies known in advance. For example, it may be stated that the contract is made in triplicate, having equal force. Any additional copy will be a copy, which in principle can be verified by conducting an appropriate examination.
In some cases, the presence of the original document is essential. For example, the sale of a share issued in a documentary form is not at all equivalent to selling a copy of its certificate, even notarized.
Thus, the document performs the following functions:
• fixing of some (informative) information;
• fixing the person who signed the document;
• fixing the conditions for the compilation of the document;
• evidence in the trial;
• The original function provided by one hundred uniqueness.
The specified functions must be executed by an electronic document.
The Information Act defines the electronic document as documented information presented in electronic form, i.e. 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.
The legislation defines the conditions under which an electronic document acquires the status of a written document and can serve as evidence in a court proceeding. Thus, the US Civil Code links the recognition of an electronic document as the status of a written document with the presence of an electronic signature. In Art. 160 of the US Civil Code, the electronic signature is mentioned along with the facsimile reproduction of the signature as one of the analogs of the handwritten signature. In Art. 75 of the APC of the United States indicated that the presence of an electronic signature makes it possible to assign the status of written evidence to an electronic document. In Art. 11 of the Law on Information it is established that for the purpose of concluding civil contracts or other legal relations involving persons exchanging electronic messages, exchanging electronic messages, each of which is signed by an electronic signature or other analogue of the sender's own handwritten signature, established by federal laws, other normative legal acts or agreement of the parties, is considered as an exchange of documents.
Thus, these legislative acts connected the substantive meaning of electronic signature with the provision of information submitted in electronic form, the legal status of the document or a written document (evidence). Despite the fact that the US Civil Code and the US AIC consider electronic signature as an analogue of a handwritten signature, they did not allow the legal identification of an electronic signature with a handwritten (physical) signature of a person on a paper document. The emphasis was on securing the same legal status of an electronic document and a traditional written document using various legal and technical means for this purpose.
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