Electronic documents in legal proceedings. How to submit documents to the arbitration court (three ways) Court decisions in electronic form

APPROVED
by resolution of the Plenum
Supreme Arbitration Court
Russian Federation
dated November 8, 2013 No. 80

The procedure for submitting documents to arbitration courts of the Russian Federation in electronic form

The procedure for submitting documents to the arbitration courts of the Russian Federation in electronic form (hereinafter referred to as the Procedure) was developed in order to implement the provisions of the Arbitration Procedural Code of the Russian Federation (as amended by Federal Law No. 228-FZ of July 27, 2010 “On Amendments to the Arbitration Procedural Code of the Russian Federation” ) (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation), providing for the possibility of submitting documents to arbitration courts in electronic form by filling out forms posted on the official website of the arbitration court on the Internet.
Submission of documents to the arbitration court in electronic form is carried out according to the rules established by the Procedure. Submission of documents by other means, including sending them by e-mail, as well as submission of documents that contain information constituting state secrets, is not regulated by the Procedure.

Section I. Conditions for submitting documents electronically

§ 1. Registration and provision of information
Persons participating in the case have the right to submit documents to the arbitration court in electronic form, fill out forms of documents posted on the official website of the arbitration court on the Internet, in the manner established within the limits of their powers by the Supreme Arbitration Court of the Russian Federation. To do this, these persons are registered in the “My Arbitr” system (hereinafter referred to as the document submission system), located on the official website of the Supreme Arbitration Court of the Russian Federation.
A person registered in the filing system by creating his or her account, forming a “ Personal Area”, is a user of the document filing system (hereinafter referred to as the user).
1. If proceedings in the case have not been initiated or the case is being processed by the arbitration court, but the user is not a person participating in the case, and also if documents in the case considered by the arbitration court have not previously been submitted in electronic form, after logging into the “personal account » the user provides the following information:
1) name:
if the user is a legal entity, his full name, TIN, main state registration number (hereinafter referred to as OGRN) are indicated (if the user does not have a TIN, his OGRN is indicated), address of the place of registration (with the obligatory indication of the postal code);
if the user is an individual, the surname, first name, patronymic, date and place of birth, registration address of the individual (with the obligatory indication of postal code), place of work, TIN and insurance number of the individual personal account (SNILS) (if available) are indicated, is whether the user is an individual entrepreneur (for individual entrepreneurs indication of the TIN and OGRNIP is required, the address of actual residence and date of birth are also indicated), the presence of a power of attorney issued by the person on whose behalf the documents are submitted. If there are several persons as plaintiffs (applicants), information about each of them is indicated;
2) user telephone numbers (mobile, landline and fax numbers);
3) address Email user (the first address is entered automatically from the account data, others are specified as desired);
4) the name of the defendant (interested person), the names of the persons participating in the case (if the arbitration court has initiated proceedings in the case, but documents have not previously been submitted electronically). If there are several persons as defendants (interested parties), information about each of them is indicated;
in relation to legal entities, their full name, address of the place of registration (with the obligatory indication of the postal code), TIN, OGRN (if the defendant does not have a TIN, his OGRN is indicated);
for individuals, the surname, first name, patronymic, registration address (with the obligatory indication of the postal code), Taxpayer Identification Number (if available), as well as an indication of whether the person is an individual entrepreneur (in this case, the address of actual residence) is also indicated.
If a public legal entity is indicated as a user (or a defendant, an interested party), the TIN and OGRN of the public authority or body are indicated local government, which, according to the applicant, is a public legal entity.
If an official of a state authority or local government body is indicated as a user (or a defendant, an interested party), the TIN and OGRN of the state authority or local government body in which this official carries out his professional activities is indicated.
If a division of the Central Bank of the Russian Federation is indicated as the user (or defendant, interested party)
(Bank of Russia), which is not a legal entity, is indicated by the TIN and OGRN of the Central Bank of the Russian Federation.
If a military unit that is not a legal entity is indicated as a user (or a defendant, an interested party), the TIN and OGRN of the corresponding federal body executive branch, in which federal law provides for military service.
If a body that does not have the status of a legal entity, vested by federal law with certain state or other public powers and created on the basis federal law or a decision of a federal government body, the TIN and OGRN of the federal body ensuring the activities of the user (or the defendant, an interested party) are indicated.
If the user (or defendant, interested party) is a body that does not have the status of a legal entity, is endowed by law with certain state or other public powers and was created on the basis of a decision of a government body of a constituent entity of the Russian Federation, the INN and OGRN of the highest executive body of government of the corresponding subject of the Russian Federation.
If the user (or defendant, interested party) is a body (for example, an administrative commission) that does not have the status of a legal entity, vested by law with specific powers to resolve issues of local importance, state or other public powers and created on the basis of a decision of a local government body, the TIN and OGRN of the local administration (executive and administrative body of the relevant municipality) are indicated.
2. If the document submission system already contains information about the case being processed by the arbitration court and the persons participating in the case, but the information about the user, who is a person participating in the case, does not correspond to reality or requires addition or clarification, after entering “ personal account”, the user provides reliable information about himself or makes appropriate additions.

§ 2. General requirements to the submitted documents
1. To submit to the arbitration court in electronic form, documents must be converted into electronic form using scanning tools. All documents must be scanned in Adobe PDF format in black and white or gray color(quality - at least 200 dpi), ensuring the preservation of all authentic signs of authenticity, namely: the graphic signature of the person, seal, corner stamp of the form (if acceptable), as well as the originating number and date of the application. The file size should not exceed 10 MB.
Each individual document must be scanned and uploaded to the document filing system as a separate file. The number of files must correspond to the number of documents submitted to the court, and the name of the file must allow identification of the document and the number of pages in the document (for example: Invoice 245 from 02032009 3l.pdf).
Statement of claim (statement), response to statement of claim(statement), counterclaim, application to join the case, petition, complaint and other documents drawn up to apply to the court, in order to ensure the possibility of their free reading, in addition to the scanned file of the relevant document, it is recommended to upload in text format (font 14 Times New Roman, one and a half interval).
When sending a copy of the settlement agreement through the document submission system, the user also downloads it in text format Microsoft Word, OpenOffice (*.doc, *.docx, *.odt, *.rtf, *.txt).
Submitting a document in text format only without a scanned copy is not permitted.
2. In the event that a statement of claim (statement) filed electronically (appeal, cassation complaint, application for review of a judicial act by way of supervision, application for review of a judicial act based on new or newly discovered circumstances) is subject to return, the question of The return from the federal budget of the state fee paid when submitting the relevant document can only be resolved if there is an original document confirming its payment.

Section II. Submission of documents to the arbitration court of first instance

Users can file a statement of claim (statement), send a response to the statement of claim (statement), file a counterclaim, send an application to join the case, submit an application (petition) to the arbitration court of first instance.

§ 1. Filing a statement of claim (application)
1. The user selects the type of appeal. He has the right to send:
statement of claim (Article 125 of the Arbitration Procedure Code of the Russian Federation);
application for recognition of normative legal act inoperative (Article 193 of the Arbitration Procedure Code of the Russian Federation);
application to recognize a non-normative legal act as invalid, decisions and actions (inaction) as illegal (Article 199 of the Arbitration Procedure Code of the Russian Federation);
application for bringing to administrative responsibility persons engaged in business and other economic activity(Article 204 of the Arbitration Procedure Code of the Russian Federation);
an application to challenge the decision of an administrative body to bring to administrative liability (Article 209 of the Arbitration Procedure Code of the Russian Federation);
application for the collection of mandatory payments and sanctions (Article 214 of the Arbitration Procedure Code of the Russian Federation);
a statement to establish facts of legal significance (Article 220 of the Arbitration Procedure Code of the Russian Federation);
application in an insolvency (bankruptcy) case (Article 224 of the Arbitration Procedure Code of the Russian Federation);
statement of claim, statement on a corporate dispute (Article 225.3 of the Arbitration Procedure Code of the Russian Federation);
a statement of claim, an application filed in defense of the rights and legitimate interests of a group of persons (Article 225.13 of the Arbitration Procedure Code of the Russian Federation);
application to cancel the decision of the arbitration court (Article 231 of the Arbitration Procedure Code of the Russian Federation);
application for the issuance of a writ of execution for the forced execution of an arbitration court decision (Article 237 of the Arbitration Procedure Code of the Russian Federation);
application for recognition and enforcement of a foreign court decision and a foreign arbitration award (Article 242 of the Arbitration Procedure Code of the Russian Federation).
2. From the list of arbitration courts of the constituent entities of the Russian Federation, the user selects the arbitration court to which he intends to file a statement of claim (application).
If documents are submitted in cases within the jurisdiction of the Intellectual Rights Court, the user selects the Intellectual Rights Court from the list of arbitration courts.
3. The user uploads the appropriate files to the system.
4. Requirements for the form and content of submitted documents are determined by the Arbitration Procedure Code of the Russian Federation.
5. If, when applying to the arbitration court of first instance, the documents were submitted in electronic form, they are not returned to the applicant; in the ruling on the return of the statement of claim (application), a note is made that the documents were submitted in electronic form.

§ 2. Sending a response to the statement of claim (application)
1. In order to send an electronic response to a statement of claim (application) (Article 131 of the Arbitration Procedure Code of the Russian Federation), the user indicates the number of the case being considered with his participation.

3. The user indicates the arbitration court to which the response to the statement of claim (application) and the documents attached to it are sent.
4. The user uploads into the document submission system files containing a response to the statement of claim (application) and documents attached to it in accordance with Part 7 of Article 131 of the Arbitration Procedure Code of the Russian Federation.

§ 3. Submitting a counterclaim
1. To file a counterclaim (Article 132 of the Arbitration Procedure Code of the Russian Federation), the user indicates the number of the case being considered with his participation.
2. From the list of persons participating in the case, the user selects his name (title).
3. The user indicates the arbitration court to which the counterclaim and the documents attached to it are sent.
4. The user uploads files containing the counterclaim and documents attached to it into the document filing system.
In accordance with Part 2 of Article 132 of the Arbitration Procedure Code of the Russian Federation, the filing of a counterclaim is carried out according to the general rules for filing claims.
In this regard, the documents specified in Articles 125 and 126 of the Arbitration Procedure Code of the Russian Federation are attached to the counterclaim.

§ 4. Submitting an application to join the case
1. A user in order to enter into a case as a third party (Articles 50 and 51 of the Arbitration Procedure Code of the Russian Federation), a user who is a prosecutor (Article 52 of the Arbitration Procedure Code of the Russian Federation) or a person applying for the protection of public interests, rights and legitimate interests of other persons (Article 53 of the Arbitration Procedure Code of the Russian Federation) RF), indicates the number of the case in which he intends to enter.
2. The user indicates the arbitration court to which the corresponding application and the documents attached to it are sent.
3. The user uploads files containing the relevant applications and accompanying documents into the document submission system.

§ 5. Submission of applications, petitions and other documents
1. Persons participating in the case have the right to send:
applications to change the basis or subject of the claim, to increase or decrease the amount of claims, to abandon the claim in whole or in part, to conclude a settlement agreement, to clarify claims or objections, and others;
petitions submitted separately from the statement of claim (statement), response to the statement of claim (statement), counterclaim, application to join the case, including petitions to add new (additional) evidence to the case materials;
documents sent as part of a bankruptcy case (sent with a covering letter);
other documents, in particular documents named in the ruling on leaving the statement of claim (statement) without movement, the need for the submission of which is indicated by the arbitration court, documents sent in addition to previously sent documents that are interrelated with them in content, documents requested by the court in in the manner prescribed by Article 66 of the Arbitration Procedure Code of the Russian Federation (sent with a covering letter); comments on the audio recording of the court session, the protocol of the court session and the protocol on the commission of a separate procedural action.
2. From the list of persons participating in the case, the user selects his name (title).
3. The user selects the arbitration court to which the application, petition or other documents are submitted.
4. If the system does not have information about the case in connection with which documents are being submitted, the user independently enters the case number.
5. The user uploads files containing the submitted request to the document submission system.
In this case, the name (main content) of each document is indicated in the corresponding field.

Section III. Submission of documents at the stage of review of judicial acts

In order to review judicial acts, users, including persons not participating in the case, on whose rights and obligations a judicial act was adopted (Article 42 of the Arbitration Procedure Code of the Russian Federation), choose the appropriate type of review: appeal, or cassation appeal, or review of judicial acts in supervision procedure, or revision of judicial acts based on new or newly discovered circumstances.

§ 1. Filing an appeal, sending a response to the appeal, filing statements, petitions and other documents
1. When filing an appeal (response to the appeal), the user enters the number of the case in which the appealed judicial act was adopted.
If the user is a person who did not participate in the case, on whose rights and obligations a judicial act was adopted (Article 42 of the Arbitration Procedure Code of the Russian Federation), he selects the appropriate category.
3. The user indicates the document to be submitted: an appeal or a response to an appeal.

5. Since the appeal is filed through the arbitration court that made the decision in the first instance (Part 2 of Article 257 of the Arbitration Procedure Code of the Russian Federation), from the list of arbitration courts the user selects the arbitration court of the constituent entity of the Russian Federation to which the appeal should be sent.
If a complaint is filed against a ruling of the arbitration court of first instance (Article 272 of the Arbitration Procedure Code of the Russian Federation), the user selects the appropriate arbitration court of first instance that issued the appealed ruling.
The user uploads files into the system containing the appeal and attached documents in accordance with Part 4 of Article 260 of the Arbitration Procedure Code of the Russian Federation. A scanned copy of the contested decision is attached if the corresponding judicial act is not in the file of arbitration cases.
6. When filing a response to the appeal, the user indicates the arbitration court of appeal to which the response to the appeal and the documents attached to it are sent in accordance with Article 262 of the Arbitration Procedure Code of the Russian Federation.
7. Statements, petitions and other documents are sent to the arbitration court of appeal in the manner prescribed by § 5 of Section II of the Procedure. When submitting applications, petitions and other documents, the user indicates the appropriate arbitration court of appeal.

§ 2. Filing a cassation appeal, sending a response to a cassation appeal, filing statements, petitions and other documents
1. When filing a cassation appeal (response to a cassation appeal), the user enters the number of the case in which the appealed judicial act was adopted.
2. The user selects himself from the list of persons participating in the case.

3. The user indicates the document to be submitted: a cassation appeal or a response to a cassation appeal.
4. The user selects the appealed judicial act from the list of judicial acts in the case.
5. Since the cassation appeal is filed with the arbitration court of the cassation instance, authorized to consider it, through the arbitration court that made the decision (Part 1 of Article 275 of the Arbitration Procedure Code of the Russian Federation), from the list of arbitration courts the user selects the appropriate arbitration court of the subject of the Russian Federation to which the cassation appeal should be sent complaint.
Since a complaint against a decision of the Intellectual Rights Court as a court of first instance is filed directly with the Intellectual Rights Court (Part 1¹ of Article 284 of the Arbitration Procedure Code of the Russian Federation), the user does not choose a court.
If a complaint is filed against a ruling of the arbitration court of cassation (Article 291 of the Arbitration Procedure Code of the Russian Federation), the choice of the federal arbitration court of the district or the Intellectual Rights Court as the addressee is made automatically.
The user uploads into the system files containing a cassation appeal and attached documents in accordance with Part 4 of Article 277 of the Arbitration Procedure Code of the Russian Federation. A scanned copy of the appealed judicial act is attached if the corresponding judicial act is not in the file of arbitration cases.
6. When filing a response to a cassation appeal, the choice of the federal arbitration court of the district or the Intellectual Rights Court as the addressee is made automatically.
Documents must be attached to the response to the cassation appeal in accordance with Article 279 of the Arbitration Procedure Code of the Russian Federation.
7. Statements, petitions and other documents are sent to the arbitration court of the cassation instance in the manner prescribed by § 5 of section II of the Procedure.
When submitting applications, petitions and other documents, the user indicates the appropriate federal arbitration court of the district or the Intellectual Property Rights Court.

§ 3. Submitting an application or presentation for the review of a judicial act in the manner of supervision, sending a response to the application or presentation for the review of a judicial act in the manner of supervision, filing applications, petitions and other documents
1. When submitting an application or presentation for the review of judicial acts in the order of supervision (a response to the application or presentation for the review of judicial acts in the order of supervision), the user enters the number of the case in which the appealed judicial act was adopted.
2. The user selects himself from the list of persons participating in the case.
If the user is a person who did not participate in the case, on whose rights and obligations a judicial act was adopted (Article 42 of the Arbitration Procedure Code of the Russian Federation), he selects the appropriate category.
3. The user indicates the document to be submitted: an application (submission) for the revision of a judicial act in the manner of supervision or a response to an application (submission) for the revision of a judicial act in the manner of supervision.
4. The user selects the disputed judicial act from the general list of judicial acts in the case.
5. Since the application (submission) for review of a judicial act in the manner of supervision is submitted directly to the Supreme Arbitration Court of the Russian Federation (Part 1 of Article 294 of the Arbitration Procedure Code of the Russian Federation), the user does not select a court.
The user uploads files into the system containing an application (submission) for the review of a judicial act in the manner of supervision and attached documents in accordance with Part 3 of Article 294 of the Arbitration Procedure Code of the Russian Federation. Copies of the contested judicial act and other judicial acts adopted in the case are attached in scanned form if the corresponding judicial act is not in the file of arbitration cases.
In the case of filing an application (representation) for review of a judicial act in the manner of supervision and documents attached to it in electronic form, copies of documents in a number of copies equal to the number of persons participating in the case, in accordance with Part 4 of Article 294 of the Arbitration Procedure Code of the Russian Federation, are not required to be attached.
6. In order to increase the efficiency of legal proceedings, after downloading the files, the user fills out a form to enter additional information regarding the application (submission) for review of a judicial act in the manner of supervision.
The user is asked to indicate in a separate field the rules of substantive and (or) rules of procedural law, the violation or incorrect application of which, in his opinion, resulted in significant violations of his rights and legitimate interests.
If the application for review of a judicial act by way of supervision also sets out a requirement to award compensation for violation of the right to a trial within a reasonable time, the applicant puts an additional mark in the appropriate field.
The form for entering additional information contains a section “Grounds for reviewing a judicial act in the order of supervision,” in which the user is asked to put marks in the fields containing an indication of the paragraphs of part 1 of Article 304 of the Arbitration Procedure Code of the Russian Federation. It is possible to select several items at the same time.
If you select paragraph 1 “violation of uniformity in the interpretation and application of rules of law by arbitration courts”, you move to the section in which it is proposed to indicate judicial acts confirming the existing judicial practice, which is referenced by the user. In this case, the date and number of the relevant judicial acts are entered. Copies of such judicial acts are attached in scanned form.
If paragraph 2 is selected, “violation of human and civil rights and freedoms in accordance with generally recognized principles and norms international law, international treaties of the Russian Federation”, the user is asked to indicate in a separate field the specific rights and freedoms that, in his opinion, are violated by the contested judicial act, with reference to the principles and norms of international law, international treaties of the Russian Federation.
If paragraph 3 is selected “violation of the rights and legitimate interests of an indefinite number of persons or other public interests,” the user is asked to indicate in a separate field which interests are violated, in his opinion, by the disputed judicial act and in what way.
7. When submitting a response to an application (representation) to revise a judicial act in the manner of supervision, the choice of the Supreme Arbitration Court of the Russian Federation as the addressee is made automatically.
Documents in accordance with Article 294 of the Arbitration Procedure Code of the Russian Federation must be attached to the response to the application (submission) for review of a judicial act in the manner of supervision.
8. When sending applications, petitions and other documents, the choice of the Supreme Arbitration Court of the Russian Federation as the addressee is carried out automatically. The submission of these documents is carried out in the manner established by § 5 of Section II of the Procedure.

§ 4. Filing an application for review of a judicial act based on new or newly discovered circumstances or a response to an application for review of a judicial act based on new or newly discovered circumstances
1. When submitting an application for review of a judicial act based on new or newly discovered circumstances (a response to an application for review of a judicial act based on new or newly discovered circumstances), the user enters the number of the case in which the appealed judicial act was adopted.
2. The user selects himself from the list of persons participating in the case.
If the user is a person who did not participate in the case, on whose rights and obligations a judicial act was adopted (Article 42 of the Arbitration Procedure Code of the Russian Federation), he selects the appropriate category.
3. The user indicates the document being submitted: an application for review of a judicial act based on new or newly discovered circumstances, or a response to an application for review of a judicial act based on new or newly discovered circumstances.
4. Since an application for review of a judicial act due to new or newly discovered circumstances is submitted to the arbitration court that adopted this judicial act (Part 1 of Article 310 of the Arbitration Procedure Code of the Russian Federation), the user indicates the corresponding arbitration court as the addressee of his application.
In accordance with Part 2 of Article 310 of the Arbitration Procedure Code of the Russian Federation, a review, based on new or newly discovered circumstances, of decisions and rulings of the arbitration court of the appellate and cassation instances, adopted in the order of supervision of decisions and rulings of the Supreme Arbitration Court of the Russian Federation, which amended the judicial act of the arbitration court of the first, appeal and cassation instances or a new judicial act has been adopted, is carried out by the court that changed the judicial act or adopted a new judicial act. In this regard, the user indicates the arbitration court that changed or adopted a new judicial act in the case.
The user uploads files into the system containing the application and attached documents in accordance with Part 4 of Article 313 of the Arbitration Procedure Code of the Russian Federation. A copy of the judicial act, the review of which the applicant requests, is attached in scanned form if the corresponding judicial act is not in the file of arbitration cases.
5. When submitting a response to an application for review of a judicial act based on new or newly discovered circumstances, the user indicates the arbitration court that is considering, on the basis of Articles 310 and 312 of the Arbitration Procedure Code of the Russian Federation, an application for review of a judicial act based on new or newly discovered circumstances, to which the review is sent and attached to him documents.

Came into force on January 1, 2017 new order submission of electronic documents to arbitration courts and this affected the work in the “My Arbitrator” system. Now, in order to submit electronic documents, you need to log in to the service using the login and password from the public services portal. There is also an additional opportunity for those who have an enhanced qualified electronic signature - they can send an exclusively electronic document to the court, which does not require a paper original.

In this material, we have collected the most common questions about the new procedure for submitting documents through “My Arbitrator” and, together with the CAD team, we have prepared answers.

1. Is it possible to sign/submit a statement of claim and other documents on behalf of a legal entity without registering on the State Services portal?

  1. According to clause 2.1.1 Order ( “The procedure for submitting documents to the arbitration courts of the Russian Federation in electronic form, including in the form of an electronic document” - hereinafter referred to as the “Procedure”), documents are submitted through a personal account created in the “My Arbitrator” information system.
  2. According to clause 2.1.3 In accordance with the procedure, access to your personal account is carried out through identification and authentication using an individual’s Unified Identification and Logistics Account (simplified, standard or confirmed).

Login form to the portal "State Services"

As a result, registration on the government services portal is necessary.

2. What documents must be signed with an enhanced digital signature?

According to clause 3.2.2 In order, an enhanced qualified electronic signature is needed for:

Submission of documents related to interim measures:

  • application for securing evidence (part 3 of article 72 of the Arbitration Procedure Code of the Russian Federation);
  • application for securing a claim (Article 92 of the Arbitration Procedure Code of the Russian Federation);
  • statement on securing property interests (Article 99 of the Arbitration Procedure Code of the Russian Federation);
  • application for ensuring the execution of a judicial act (Article 100 of the Arbitration Procedure Code of the Russian Federation);
  • petition for suspension of execution of the decision government agency, local government body, other body, official (part 3 of article 199 of the Arbitration Procedure Code of the Russian Federation);
  • a petition to suspend the execution of a court decision (part 1 of Article 265.1, 283 of the Arbitration Procedure Code of the Russian Federation);
  • statement of claim, application, appeal, cassation complaint, containing a petition for interim measures (part 1 of Article 125, 265.1, 283 of the Arbitration Procedure Code of the Russian Federation);

Filing appeals to the court in the form electronic document:

  • This requirement is specified in clause 2.3.5 About

3. Who should the digital signature be issued to? Per firm, per firm director, or per individual submitting lawyer?

The digital signature must be issued on individual:

  • Or as indicated in the application to the court as a signatory
  • Or any other person sending documents to the court. But in this case, a power of attorney must be attached to the application to the court, confirming the right to present documents to the court.

4. If documents are submitted through Unified Identification and Logistics, is it necessary to send documents on paper?

The court has the right to demand the provision of original documents sent to the court as evidence (Part 3 of Article 75 of the Arbitration Procedure Code of the Russian Federation).

5. If a document that does not require an enhanced signature is nevertheless signed with an enhanced signature, is such a document considered properly filed?

It is considered if the enhanced qualified signature is correct.

6. Is it true that you can send documents on behalf of a legal entity, including graphic images through your personal account, only if you are a representative of this legal entity (or individual), i.e. with a power of attorney?

For example: Previously, regardless of the presence or absence of a power of attorney, you could send documents to Romashka LLC on your own behalf, director Ivanov (he also signed all the graphic images of the documents). Now - only if I have a power of attorney from Romashka LLC? Even if all the graphic images were signed by director Ivanov?

Yes, that's absolutely right.

According to subparagraph 11 clause 4.5 A court employee may reject documents for the following reason: “The application to the court submitted by the representative is not accompanied by a document confirming the authority of the representative to present documents to the court.”

7. If documents are submitted in the form of electronic images without signing an electronic digital signature from a confirmed ESIA account, should the application to the court itself have a graphic signature? Or is the text of the document translated into pdf format enough?

Yes, a graphic signature is required.
According to clause 2.2.1:
An electronic image of a document is created using scanning tools.
Scanning a document on paper must be done on a 1:1 scale in black and white or gray (quality 200 - 300 dpi), ensuring the preservation of all details and authentic signs of authenticity, namely: the graphic signature of the person, the seal and the corner stamp of the form (if available), scanning in full color mode is carried out if the document contains color graphics or color text, if this is important for the consideration of the case.

In the absence of a signature, the court may reject the documents for the reason specified in subparagraph 8 clause 4.5 Order: “the electronic image of the application to the court does not contain the graphic signature of the person who applied to the court.”

8. If the signatory and the submitter of documents do not match, but the submitter will further represent the interests of the principal in court, should the submitter’s power of attorney contain a special authority to submit documents, or is a general authority to represent interests in the arbitration court sufficient?

General authority is sufficient

9. Should an “electronic” power of attorney be signed by the principal with an electronic signature of the principal?

Yes. Cases of mandatory certification of a power of attorney with an enhanced qualified signature are indicated in clause 3.1.3 Order:

If an application to the court in accordance with the law and the Procedure for Filing Documents must be signed (certified) with an enhanced qualified electronic signature, when filing such an application electronically, a power of attorney signed (certified) with an enhanced qualified electronic signature of the represented person is attached to it.

10. How to create an electronic signature for a file?

The signature file can be generated in two ways:

  1. Through third-party software (CryptoARM, Sign.me or their analogues).
  2. Via the signature plugin available in the Internet Explorer browser. An established crypto provider is also required for signing.

To use the plugin you need:

  1. Attach the file to the court, after which a signature button will appear with two options (only in Internet Explorer):
    • Attach a pre-created digital signature file,
    • Use a plugin. (For the plugin to work, you need to have a crypto provider installed, and you also need to lower Internet Explorer security settings in accordance with the recommendations on the left side of the screen.)
  2. After clicking on the “Use Plugin” link, an Explorer window opens. In it you need to select the file of the appeal to the court again.
  3. The crypto provider displays all certificates installed on the system electronic signature. You must select the required certificate from the list.

11. What third-party software can be used to generate a file with a signature?

Windows users can use the CryptoARM program (instructions) or its analogues,
Mac OS users can use Infotec to generate files ( guide by use).

12. Where can I get an enhanced qualified signature? Does having a verified account on the government services portal automatically imply the presence of an enhanced qualified signature?

Buy reinforced qualified signature possibly in one of the accredited certification centers. The list of these centers can be found.

The new edition affected not only invoices, but also the invoice journal, purchase books and sales books.

Exactly this normative document establishes rules for filling out invoices.

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  • Changes are due new edition Government Decree No. 1137 dated December 26, 2011, which was approved by Government Decree No. 625 dated May 25, 2017.

    5
  • By order of January 18, 2017 No. ММВ-7-6/16@, the Federal Tax Service approved the format of the inventory of documents that accompanies the electronic document flow between tax authorities and taxpayers.

    6
  • The format of the inventory that accompanies them also changes accordingly. The changes were introduced by Order of the Federal Tax Service of the Russian Federation dated November 28, 2016 No. MMB-7-6/643@.

    5
  • Starting from 2017, it will be possible to send petitions, statements, complaints, presentations and evidence to the court electronically.

    This means that such documents can only be submitted to the tax authorities via the Internet until the end of 2020.

    The company is organizing a “Roaming Center” (RC EDC), which should become a centralized hub for operators.

    17
  • This will allow the free use of the new invoice format approved at the end of April and removes the last restrictions in the transition to EDI for companies that exchange UPD.

    3
  • Previously, four more SKB Kontur programs were included in the register - Kontur-Personnel, Kontur-Salary, “Kontur-Accounting Asset” and “Kontur-Accounting Budget”.

    Now companies that use UPD on paper will be able to easily convert it into electronic form.

    6
  • On April 7 at 11:00 Moscow time, Oksana Leonova will tell you how Order of the Ministry of Finance No. 174 affected EDF users and answer your questions.

    3
  • The document comes into force on April 1, 2016 and cancels the current Order of the Ministry of Finance dated April 25, 2011 No. 50n.

    2
  • The Ministry of Finance officially confirmed this by letter dated January 25, 2016 No. 03-07-11/2722.

    The Tax Service has updated the previous electronic formats of TORG-12 invoices and work acceptance certificates.

    10
  • Legislation governing standards electronic document management(EDO), is changing rapidly. And 2016 will be no exception; a number of changes will come into force.

    The Federal Portal of Draft Legal Acts has published a draft by the Federal Tax Service on approval of the format of the electronic universal transfer document (UDD).

    VAT payers must register all invoices in the books of purchases and sales, and intermediary organizations - in the accounting journals. Paper invoices are usually recorded based on the date they are issued. But how to keep records of electronic ones if they have three dates recorded at once: compilation, issuance and receipt? How to deduct VAT if the invoice is received at the junction of tax periods?

    Volume of electronic document flow between Russian companies constantly growing. At the end of the third quarter of 2015, 98.2 million documents were transferred through the Diadoc electronic document management system. This is 24.1 million more than in the first half of the year. Therefore, the issue of storing electronic documents is becoming more and more relevant.

    2
  • At the moment, there are no versions of CIPF for Windows 10 certified by the FSB of Russia.
    The use of uncertified electronic signature means may cast doubt on the legitimacy of the electronic signature and the documents signed by it.

    Paper document flow often causes not only systemic problems that slow down a company’s business processes, but also difficulties with tax authorities. As a consequence, additional taxes are charged and a refusal to receive a VAT deduction. Let's consider how these risks can be eliminated using the electronic document management (EDF) service Kontur.Diadoc (developed by SKB Kontur).

    On April 14, a new format for electronic invoices came into force. Our experts analyzed the new format and compiled a comparative list of differences with the previous version.

    A new format for electronic invoices comes into force.

    It was approved by the Federal Tax Service of Russia by order dated March 4, 2015 No. MMV-7-6/93@. The previous format had a number of disadvantages that limited companies in the transition to electronic document management (EDF). The new format is designed to remove these restrictions.

    3
  • The changes will affect the web version and API of Diadoc.

    42
  • The deadline for filing a VAT return using the new form is inexorably approaching, and taxpayers still have a lot of questions. How to present data correctly? Who must submit what information? How to insure against errors? In other words, how to ensure that the VAT return is submitted on time, and the tax authorities do not have any questions or complaints.

    1
  • In the new year, VAT reporting will change. Legal entities will have to submit a declaration in an expanded form, which includes information from the book of purchases and sales, and intermediaries will have to submit data from the journals of invoices: both received and issued. The form of such reporting has already been established by order of the Federal Tax Service. Now he is registered with the Ministry of Justice.

    Often a product or service is sold in one tax period, and the consumer receives an invoice in another. Current legislature and established practice do not allow the buyer to receive a deduction on the invoice during the period of delivery of goods or provision of services. However, from 2015 the situation will change.

    1
  • It is generally accepted that electronic document management (EDF) is the prerogative of large companies. However, statistics show that for one large company in the EDI system there are about 20 small and medium-sized ones. One of the first clients of our system, for example, was an individual entrepreneur with whom we still work.

    2
  • The number of electronic documents transmitted during the first half of the year increased sixfold compared to the same period last year.

    For the first time in Russia, individuals began to submit electronic documents in the electronic legally significant document flow (EDF) system Diadoc of the SKB Kontur company.

    8
  • According to the Letter of the Federal Tax Service dated October 21, 2013 No. ММВ-20-3/96@ “On the absence of tax risks when taxpayers use a primary document drawn up on the basis of an invoice,” taxpayers have the right to freely use a document that combines an invoice and a primary document .

    5
  • SKB Kontur clients have the opportunity to submit to the tax office a log of issued and received invoices and books of purchases and sales under TKS without the need to generate xml files themselves.

    The questions asked by representatives of electronic document management (EDF) operators and of concern to all progressive business in Russia concerned the violation of the five-day deadline for issuing invoices, the number of electronic formalized documents, possible incentives for taxpayers who switched to EDI, and the network of trusted EDI operators.

    In the “Online Consultations” section on the Klerk.Ru portal, you can again ask the expert any questions about electronic document management.

    It has been possible to submit the requested documents under the TKS for just over a year now. More and more different companies are switching to electronic document management with tax authorities. See below for how it works and what major taxpayers and tax inspectors think about electronic submission.

    In the first issue, system analyst of the Diadoc project Tamara Mokeeva spoke about submitting documents electronically to the tax office in three steps.

    2
  • You can ask a question to an expert on the Klerk.Ru portal, in the “Online Consultations” section.

    6
  • According to the amendments made by the State Duma to the Federal Law of 04/06/11 No. 63-FZ “On Electronic Signatures”, the validity of the digital signature will last for another six months after the Federal Law of 01/10/02 No. 1-FZ “On Electronic Digital Signature” is no longer valid.

    Question: Good afternoon! The recently published Resolution No. 446 (on amendments to Resolution No. 1137) excluded notification from the buyer from the document flow of electronic invoices. Please comment on how in this case the exchange of invoices will take place now?

    The Federal Tax Service of Russia invites everyone to take part in the discussion of the draft form of a multi-purpose primary accounting document that can be used for the purposes of applying VAT and income tax.

    1
  • Today, tax inspectors are increasingly asking taxpayers to submit documents via the Internet to speed up their audits. Read below about how to satisfy the tax authorities’ request using the example of the Kontur-Extern system.

    The company compiled a package of required documents in the form of scanned images and, together with the inventory, sent it via TKS through a special communications operator SKB Kontur.

    With the penetration of electronic documents in Russia, employers are beginning to prefer to hire employees who can work in electronic document management systems.

    On January 1, 2013, Federal Law dated December 6, 2011 No. 402-FZ “On Accounting” came into force. Among other things, the law approves some innovations regarding electronic primary documents. At the same time, working with electronic documents is complicated by the presence of several types of electronic signatures: electronic digital signature, unqualified and qualified electronic signatures. Tamara Mokeeva, an expert in the Diadoc electronic document management system, talks about how to sign an electronic “primary document” now.

    On January 1, 2013, the Federal Law of the Russian Federation dated November 21, 1996 No. 129-FZ “On Accounting” became invalid. At the same time, federal law dated December 6, 2011 No. 402-FZ came into force. Among other things, the law approved some changes regarding electronic primary documents.

    2
  • According to paragraph 3 of Art. 168 of the Tax Code (TC) of the Russian Federation, the seller is obliged to issue an invoice within five days from the date of shipment of goods or performance of work (services). According to the Ministry of Finance (letter of the Ministry of Finance dated August 26, 2010 No. 03−07−11/370), violation of the five-day deadline entails a refusal to deduct input VAT. In an electronic invoice, unlike a paper one, the date of issue is strictly recorded by the electronic document management (EDF) operator; it cannot be changed. However, there are no real grounds for losing the right to deduction, experts say.

    At events where electronic document management (EDF) is covered, one often hears remarks from accountants that an electronic document is too expensive compared to a paper one. Accountants and managers who have already switched to electronic document management (the Diadoc system) talk about whether this is true.

    After the entry into force of the Order of the Federal Tax Service of Russia dated June 29, 2012 No. ММВ-7-6/465@, taxpayers can send in response to a tax request to the Federal Tax Service Inspectorate not certified paper copies of documents, but their scanned images or XML files of documents in electronic form via TKS.

    Tax authorities are actively preparing to receive and process documents electronically. In the meantime, they accept certified copies of electronic documents transmitted through Diadoc.

    2
  • This became clear during the SKB Kontur company seminar “Electronic Document Flow (EDF) of Business Entities and Bodies Accepting Reports,” held in the Moscow region from June 6 to 8.

    2
  • According to clauses 2.1 - 2.3 of the Order of the Ministry of Finance of the Russian Federation dated April 25, 2011 No. 50n, each participant in electronic document management (EDF) must fill out and submit to its operator an application for participation in EDF, in which indicate a list of necessary details, such as: the full name of the organization (or Full name of the individual entrepreneur), location of the organization, information about the owners of the received signature key certificates and details of the signature key certificate, INN/KPP, information about the tax authority with which the organization is registered, etc.

    2
  • 6
  • On April 19, 2012, Order MMV-7-6/251@ was signed, amending Order No. MMV-7-6/535@ of the Federal Tax Service of Russia dated November 9, 2010. According to these changes, the unified format of the transport container was updated for information interaction with the reception complexes of tax authorities for TKS using an electronic signature.

    How to become an EDF Operator, and why don’t they exist yet? Why temporary rules, and when will the register appear? Read the answers to the questions below.

    Order No. ММВ-7-3/83@ dated 02/14/2012 contains a description of the codes for the types of value added tax transactions necessary for maintaining a log of received and issued invoices.

    From April 1, 2012, it will be possible to issue an invoice only using a new one printed form, approved by Resolution No. 1137 of January 26, 2012.

    We sincerely hope that electronic invoice formats will be approved in the near future.

    The Ministry of Finance of Russia sent to the Federal Tax Service official letter with explanations of the terms of application new form invoices.

    The Federal Tax Service has approved the document formats required for issuing and receiving invoices electronically via TKS using an electronic signature.

    7
  • SKB Kontur, the developer of the Diadoc system for exchanging external electronic documents, has released a special application that allows accountants to solve the problem with outdated invoice forms.

    23
  • 5
  • With the entry into force of the Resolution, the rules for working with invoices have changed significantly.

    The Ministry of Finance of Russia, in a letter dated December 7, 2011 No. 03-07-14/119, reported that a draft resolution is being approved by the Government of the Russian Federation, which provides for new forms of invoices, adjustment invoices, a log of received and issued invoices, purchase books and sales books. It is expected that the document will come into force on January 1, 2012.

    ASTANA, November 4 – News Agency-Kazakhstan. Phased introduction Electronic invoices from 2012 will allow Kazakh businesses to save at least five billion tenge a year, Deputy Chairman of the Tax Committee of the Ministry of Finance of Kazakhstan Argyn Kypshakov said on Friday.

    On October 1, 2011, Law No. 245-FZ came into force regarding adjustment invoices. This means that now, if it is necessary to make changes to the invoice, the accountant will need to create a new document - an adjustment document. Note that previously changes were made to the original invoice.

    IN Rossiyskaya newspaper Federal Law No. 245-FZ of July 19, 2011 was published, which amends the first and second parts of the Tax Code of the Russian Federation. In particular, this law establishes the right of companies to issue adjustment invoices.

    A formalized unified document standard and process automation (that is, maximum elimination of “ human factor") will help taxpayers reduce the number of errors and, as a result, avoid the risk of additional tax charges. We analyzed the mistakes that are made when preparing and issuing invoices, and identified those that can be forgotten if the company switches to electronic documents.

    The south of Russia is a point of enormous potential growth for electronic document management systems (EDMS): the volume of their implementation in our region is still only a few percent. Legislation promotes the development of EDMS in business, and government agencies are simply obliged to use only them

    A primary document executed in electronic form and signed with an electronic digital signature may be a document confirming the taxpayer’s expenses.

    The Russian newspaper published Federal Law No. 235-FZ of July 19, 2011, which amends the first and second parts of the Tax Code of the Russian Federation. In particular, this law establishes the right of companies to issue adjustment invoices.

    Most likely, electronic invoices will appear in the third quarter of this year. Sergei RAZGULIN, Deputy Director of the Department of Tax and Customs Tariff Policy of the Russian Ministry of Finance, spoke about what changes in invoices will affect taxpayers.

    Until recently, only paper forms were established for invoices. However, Russian companies will soon be able to issue and receive invoices electronically. This opportunity will appear as soon as officials approve the appropriate electronic document format. Let's figure out how digital invoices will be exchanged.

    The Federal Tax Service, by letter dated 06/22/2011 No. ED-4−3/9868@, sent to the tax authorities for information and use in their work a copy of the Order of the Ministry of Finance dated 04/25/2011 No. 50n on approval of the Procedure for issuing and receiving invoices in electronic form via TKS using EDS.

    Businesses know first-hand about electronic documents. Many enterprises have long been using internal EDMS to simplify work with documents within the company. However, the process of exchanging electronic documents has long transcended the boundaries of individual enterprises and has grown into a much larger phenomenon. Now Russian companies have received the legislative right to use electronic legally significant documents in external document flow - when working with clients and suppliers. Contracts, invoices, certificates of completion of work, etc. can be signed electronically and sent to counterparties via the Internet, excluding mail and couriers.

    The German Ministry of Finance has decided to simplify the legislation on electronic invoices from July 1 of this year.

    Recently, the order of the Federal Tax Service of Russia dated February 17, 2011 No. ММВ-7-2/168@ came into force, which determines the procedure for providing documents at the request of the inspection within the framework of tax audit. In practice, it will be possible to send at least some electronic documents to the inspectorate no earlier than the end of 2011. However, it is already possible to exchange an electronic primary document with counterparties without duplicating it on paper.

    According to the information we have, the draft order of the Russian Ministry of Finance, which approves the Procedure for the exchange of electronic invoices, should soon be registered with the Russian Ministry of Justice. According to the project, sellers and buyers will send each other electronic invoices through a document flow operator.

    The first quarter of 2011 was very successful for the Electronic Invoicing Center postal service Estonia. Compared to the same period last year, turnover in this area increased by almost 300%.

    With the entry into force of the new law “On EDS”, we can expect active use of digital signatures by citizens. Including for receiving government services electronically

    Will tax inspectorates request originals in paper form during inspections? Is it worth having mandatory paper copies in addition to electronic documents? How can one technically submit electronic documents at the request of the inspectorate? Such questions primarily arise among Russian taxpayers when it comes to digital document management. Diadoc experts answer these questions.

    Last Friday, March 25, 2011, the State Duma of the Russian Federation approved in the last reading the draft Federal Law “On Electronic Signatures”.

    On March 24, 2011, a round table was held “ Actual problems electronic interaction between tax authorities and taxpayers.”

    On March 21, a meeting was held dedicated to the implementation of electronic invoices in Russia

    In 2010, the subjects of the Ural federal district began to more actively move from theory to topic electronic government services to practice. The first services began to appear that allow citizens to solve problems remotely. However, as experts note, the main obstacle to the development of electronic government services is the state itself.

    A number of changes regarding the use of invoices have come into force in Russia. 229-FZ officially recognized them in electronic format, canceling the previously valid wording about the legality of only the paper version of this document. As a result, the electronic invoice logically completed the list of documents used by all Russian companies to document their business transactions.

    On October 13, the 6th European Summit, the largest annual event on electronic invoices and other electronic documents (EXPP Summit), ended in Germany.

    Interesting results were shown by the survey “Electronic exchange of invoices”, conducted this fall among PC Week/RE readers. As follows from its results (see diagram 1), almost all of our respondents (over 94%) were to some extent interested in the news that electronic exchange of invoices is finally allowed in Russia.

    Interview with Petr Didenko, chief strategic development specialist at SKB Kontur

    On July 16, the State Duma, in the third reading, adopted a bill allowing enterprises to exchange invoices electronically via the Internet. Three days later it was approved by the Federation Council. Now organizations with compatible technical means can send electronic documents to each other by mutual agreement of the parties to the transaction.

  • At the Tver Forum, Leonid Volkov explained what e-invoicing is and why it is so popular in the world. And how to make e-invoicing work in Russia.

    1
  • APPROVED
    by order of the Judicial Department
    at the Supreme Court
    Russian Federation
    dated December 28, 2016 No. 252

    ORDER
    submission of documents to the arbitration courts of the Russian Federation in electronic form, including in the form of an electronic document

    1. GENERAL PROVISIONS

    1.1. The procedure for submitting documents to the arbitration courts of the Russian Federation in electronic form, including in the form of an electronic document (hereinafter referred to as the Procedure for Submitting Documents) was developed in accordance with the provisions of the Arbitration Procedural Code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation), Federal Law No. dated July 24, 2002 96-FZ “On the implementation of the Arbitration Procedural Code of the Russian Federation”, Federal Law dated June 23, 2016 No. 220-FZ “On amendments to certain legislative acts of the Russian Federation regarding the use of electronic documents in the activities of judicial authorities" (hereinafter referred to as the Federal Law of June 23, 2016 No. 220-FZ), providing for the possibility of submitting documents in electronic form, including in the form of an electronic document signed with an electronic signature, by filling out form posted on the official website of the court on the Internet.
    1.2. In accordance with Part 7 of Article 4 of the Arbitration Procedure Code of the Russian Federation (as amended by Federal Law No. 220-FZ dated June 23, 2016), a statement of claim, statement, complaint, presentation and other documents can be filed with the court on paper or in electronic form, including in the form of an electronic document signed with an electronic signature in the manner established by law Russian Federation, by filling out a form posted on the official website of the court on the Internet.
    Provisions of the Arbitration Procedure Code of the Russian Federation providing for the submission of documents to the arbitration courts of the Russian Federation (hereinafter referred to as the courts) in electronic form, including in the form of an electronic document signed with an electronic signature in the manner established by the legislation of the Russian Federation (hereinafter referred to as documents in electronic form), by filling out forms posted on the official website of the court on the Internet information and telecommunications network are implemented by applying this Procedure for Submitting Documents.
    Submission of requests, proposals, statements or complaints to the court in accordance with the Federal Law of December 22, 2008 No. 262-FZ “On ensuring access to information about the activities of courts in the Russian Federation”, Federal Law of May 2, 2006 No. 59-FZ “On the procedure consideration of appeals from citizens of the Russian Federation” is not regulated by the procedure for submitting documents.
    Submission of documents in electronic form that contain information constituting state secrets is not regulated by the Procedure for Submitting Documents.
    1.3. In order to implement this Procedure for Submitting Documents, the following basic concepts are used:
    electronic document - a document created in electronic form without prior documentation on paper, signed with an electronic signature in accordance with the legislation of the Russian Federation;
    electronic image of a document (electronic copy of a document made on paper) - a copy of a document made on paper converted into electronic form using scanning tools, certified in accordance with the Procedure for filing documents with a simple electronic signature or an enhanced qualified electronic signature;
    electronic signature - information in electronic form attached to the electronic document being signed or otherwise associated with it and allowing the identification of the person who signed the electronic document;
    electronic signature key - a unique sequence of characters intended to create an electronic signature. An individual's Unified Identification and Autonomy Account account is used as a key for a simple electronic signature;
    ESIA - federal state information system " one system identification and authentication in the infrastructure that ensures information and technological interaction of information systems used to provide government and municipal services in electronic form";
    appeal to court - a document created in accordance with procedural legislation, sent to the court;
    the person submitting documents to the court - the applicant or his representative, user of his personal account;
    information system - information system “My Arbitrator”;
    Personal Area - information resource, posted in the “My Arbitrator” information system, intended for participants in the judicial process to exercise the right to submit documents to the court in electronic form;
    judicial automation system - automated information system "Legal Proceedings", software package“Judicial and arbitration office work”, automating the procedural activities of courts.

    2. CONDITIONS FOR SUBMITTING DOCUMENTS IN ELECTRONIC FORM
    2.1. Personal Area

    2.1.1. Documents are submitted through a personal account created in the “My Arbitrator” information system.
    2.1.2. A personal account is created for an individual who submits documents electronically to the court; When submitting documents by a representative, a personal account is created in the name of the representative (hereinafter referred to as the user, user of the personal account). Through the personal account of a representative, documents can be submitted in relation to one or more individuals and (or) legal entities represented by him.
    A personal account is created automatically by confirming the personal data of an individual, including his last name, first name and patronymic (if any).
    2.1.3. Access to your personal account is carried out through identification and authentication using an individual’s Unified Identification and Automation Account (simplified, standard or confirmed).
    2.1.4. When identifying and authenticating a user through a simplified, standard or confirmed account of an individual using the Unified Identification and Logistics System, it is possible to submit electronic images of documents to the court.
    When identifying and authenticating a user through a confirmed account of an individual, it is possible to submit electronic documents signed with an electronic signature in accordance with the legislation of the Russian Federation.

    2.2. Requirements for electronic images of documents

    2.2.1. An electronic image of a document is created using scanning tools.
    Scanning a document on paper must be done on a 1:1 scale in black and white or gray (quality 200 - 300 dpi), ensuring the preservation of all details and authentic signs of authenticity, namely: the graphic signature of the person, the seal and the corner stamp of the form (if available), scanning in full color mode is carried out if the document contains color graphics or color text, if this is important for the consideration of the case.
    2.2.2. The electronic image file of the document must be in PDF format (it is recommended to create an electronic image of the document with the ability to copy text).
    The electronic image file size should not exceed 30 MB.
    2.2.3. Each separate electronic image of a document must be submitted as a separate file. The file name should allow you to identify the electronic image of the document and the number of sheets in it (for example: Invoice 996 from 15122016 1l.pdf).
    2.2.4. The files and data contained in them must be accessible for work, must not be protected from copying and printing of an electronic image, must not contain interactive and multimedia elements, embedded scripts in JavaScript or any other programming languages.
    2.2.5. The electronic image of the document is certified in accordance with the Procedure for Submitting Documents with a simple electronic signature or an enhanced qualified electronic signature.

    2.3. Requirements for electronic documents

    2.3.1. An electronic document is initially created in electronic form without prior documentation on paper.
    2.3.2. The file of the application to the court must be in PDF format with the ability to copy the text.
    Files of documents attached to applications to the court are submitted in the format in which they are signed with an electronic signature. In this case, the files of documents attached to applications to the court can be presented in the following formats:
    1) PDF, RTF, DOC, DOCX, XLS, XLSX, ODT - for documents with text content;
    2) PDF, JPEG (JPG), PNG, TIFF - for documents with graphic content.
    The file size of the electronic document should not exceed 30 MB.
    2.3.3. Each individual document must be submitted as a separate file. The file name should allow you to identify the document and the number of sheets in the document (for example: Invoice 996 from 15122016 1l.pdf).
    2.3.4. The files and data contained in them must be accessible for work, must not be protected from copying and printing, must not contain interactive or multimedia elements, embedded scripts in JavaScript or any other programming languages.
    2.3.5. The electronic document must be signed with an enhanced qualified electronic signature.
    The procedure for submitting documents does not provide for the submission of electronic documents signed with a simple electronic signature or an enhanced unqualified electronic signature.
    Electronic signatures used to sign applications to the court and documents attached to them must comply with the requirements of an enhanced qualified electronic signature; when creating them, the PKCS#7 format (Public-Key Cryptography Standard#7, general description standard PKCS#7, published as RFC (Request for Comments) number 2315, available at http://tools.ietf.org/html/rfc2315) without including the signed data.
    The electronic signature must be contained in a separate file (detached electronic signature).
    When signing a document by several persons, each electronic signature must be contained in a separate file.
    The procedure for submitting documents does not provide for the submission of electronic documents signed with attached electronic signatures.
    2.3.6. An electronic document must be signed with the electronic signature of the person indicated in the text of the electronic document as the person who signed it.
    It is not permitted to submit to the court electronic documents signed with the electronic signature of a person who is not indicated in the text of the electronic document as the person who signed it.

    3. SUBMITTING DOCUMENTS ELECTRONICALLY (FILLING OUT THE FORM PLACED ON THE OFFICIAL WEBSITE OF THE COURT ON THE INTERNET)

    3.1. General requirements

    3.1.1. Requirements for the form and content of documents submitted in accordance with the Procedure for Submitting Documents are determined by the procedural legislation of the Russian Federation.
    Documents are submitted to the court by sending the user a corresponding application and documents attached to it.
    Documents sent by the user in connection with rulings made by the courts to leave a statement of claim (statement), appeal, cassation complaint, other rulings without progress, as well as documents sent at the initiative of the user as an addition to previously sent documents, are submitted in the form of attachments to the corresponding application (petition) or a covering letter, which must indicate, in particular, by whom, to whom (indicating the full name of the judge) and in connection with what (indicate the case number, details of the judicial act by which the documents were requested ) documents are sent.
    H.1.2. When preparing to send documents electronically to the court, the user of his personal account fills out a form posted on the official website of the court on the Internet information and telecommunications network:
    1) enter the case number (if proceedings have been initiated):
    when submitting to the arbitration court of first instance a response to a statement of claim (statement), a counterclaim, an application to join the case, or another application (petition), the user enters the number of the case being considered with his participation;
    when filing an appeal, a response to an appeal, a cassation appeal, a response to a cassation appeal, an application for review of a judicial act due to new or newly discovered circumstances, a response to an application for review of a judicial act based on new or newly discovered circumstances, an application (petition) the user enters the number of the case in which the appealed judicial act or the judicial act for the review of which the applicant is requesting was adopted;
    when submitting an application for an award of compensation for violation of the right to a trial within a reasonable time or the right to execution of a judicial act within a reasonable time, the user enters the number of the case in connection with the consideration of which he is filing a corresponding application;
    2) information about the applicant and the participants in the trial is indicated (this information is also indicated in the text of the submitted appeal), including:
    if the participant in the trial is a legal entity, its full name, TIN, main state registration number (OGRN) are indicated (if it does not have a TIN, its OGRN is indicated), address of location (with the obligatory indication of the postal code). If there are several persons as plaintiffs (applicants) or defendants (interested parties), information about each of them is indicated. If the participant in the litigation is a foreign legal entity, the requirement to indicate the TIN and OGRN does not apply;
    if a participant in the legal process is an individual, his surname, first name, patronymic (if any), date and place of birth, registration address of the individual (with the obligatory indication of postal code), Taxpayer Identification Number (if any), and whether the user is an individual entrepreneur are indicated (for individual entrepreneurs, the indication of TIN and OGRNIP is required, the address of actual residence is also indicated), the presence of a power of attorney issued by the person on whose behalf the documents are submitted. If there are several persons as plaintiffs (applicants) or defendants (interested parties), information about each of them is indicated. If the participant in the legal process is a foreign individual, the requirement to indicate the TIN and OGRNIP does not apply;
    if the participant in the litigation is a public legal entity, indicate the TIN and OGRN of the state authority or local government body, which, in the opinion of the applicant, is the public legal entity;
    if a participant in the legal process is an official of a state authority or local government body, the TIN and OGRN of the state authority or local government body in which this official carries out his professional activities shall be indicated;
    if the participant in the trial is a military unit that is not a legal entity, indicate the Taxpayer Identification Number (INN) and OGRN of the relevant federal executive body in which federal law provides for military service;
    if a participant in the judicial process is a body that does not have the status of a legal entity, vested by federal law with certain state or other public powers and created on the basis of a federal law or a decision of a federal government body, the TIN and OGRN of the federal body ensuring the activities of the user (or the defendant interested in faces);
    if a participant in the legal process is a division of the Central Bank of the Russian Federation (Bank of Russia), which is not a legal entity, the TIN and OGRN of the Central Bank of the Russian Federation are indicated;
    if a participant in the judicial process is a body that does not have the status of a legal entity, vested by law with certain state or other public powers and created on the basis of a decision of a state authority of a constituent entity of the Russian Federation, the TIN and OGRN of the highest executive body of state authority of the corresponding constituent entity of the Russian Federation are indicated;
    if a participant in the judicial process is a body (for example, an administrative commission) that does not have the status of a legal entity, is endowed by law with certain powers to resolve issues of local importance, state or other public powers and created on the basis of a decision of a local government body, the TIN and OGRN of the local administration are indicated ( executive and administrative body of the relevant municipality);
    3) indicate telephone numbers (mobile, landline), fax numbers (if available), email addresses and other required information;
    4) the addressee of the appeal is indicated:
    When submitting a statement of claim (statement), response to a statement of claim (statement), counterclaim, application to join a case, or other statement (petition) to the arbitration court of first instance, the user indicates as the addressee the arbitration court of the constituent entity of the Russian Federation to which the corresponding is sent appeal. If documents are submitted in cases within the jurisdiction of the Intellectual Rights Court, the user indicates the Intellectual Rights Court as the addressee;
    when submitting an appeal to the arbitration court of appeal, the user indicates as the addressee the arbitration court that adopted the appealed judicial act in the first instance (Part 2 of Article 257, Article 272 of the Arbitration Procedure Code of the Russian Federation). When submitting a response to an appeal, application (petition) to an arbitration court of appeal, the user indicates the corresponding arbitration court of appeal as the addressee;
    when filing a cassation appeal with the arbitration court of the cassation instance, the user indicates as the addressee the arbitration court that adopted the appealed judicial act in the first instance (Part 1 of Article 275 of the Arbitration Procedure Code of the Russian Federation), as the addressee of the cassation appeal against the judicial act of the Intellectual Rights Court, adopted by it as court of first instance, the user indicates the Court for Intellectual Rights (Part 1.1 of Article 284 of the Arbitration Procedure Code of the Russian Federation). When filing a complaint against a ruling of an arbitration court of cassation (Article 291 of the Arbitration Procedure Code of the Russian Federation), the arbitration court of cassation (arbitration court of a district or Court for Intellectual Rights) that issued the corresponding ruling is indicated as the addressee. When submitting a response to a cassation appeal, application (petition) to the arbitration court of the cassation instance, the user indicates the corresponding arbitration court of the district or the Intellectual Rights Court as the addressee;
    when filing an application for review of a judicial act due to new or newly discovered circumstances, the user indicates as the addressee the arbitration court of first instance that adopted the relevant judicial act. If the judicial act of the first instance was changed by the court of appeal or the court of cassation, or a higher court adopted a new judicial act, the user indicates as the addressee the arbitration court that changed or adopted a new judicial act in the case (Article 310 of the Arbitration Procedure Code of the Russian Federation). When submitting a response to an application for review of a judicial act based on new or newly discovered circumstances, the user indicates as the addressee the arbitration court that is considering the application for review of a judicial act based on new or newly discovered circumstances;
    when submitting an application for the award of compensation for violation of the right to legal proceedings within a reasonable time or the right to execution of a judicial act within a reasonable time, the user indicates as the addressee the arbitration court that made the decision (Part 1 of Article 222 of the Arbitration Procedure Code of the Russian Federation);
    5) the type of application to the court is selected, its details are indicated and the files of the submitted documents are uploaded.
    3.1.3. An appeal to the court submitted by a representative must be accompanied by a document confirming the authority of the representative (Article 62 of the Arbitration Procedure Code of the Russian Federation).
    The power of attorney is presented in the form of an electronic document signed with an enhanced qualified electronic signature of the represented person, or in the form of an electronic image of a document certified with an enhanced qualified electronic signature of the represented person, or an electronic image certified with a simple electronic signature or an enhanced qualified electronic signature of the person submitting the documents.
    An order for the execution of an order issued by the relevant legal entity is presented in the form of an electronic image of a document certified by an enhanced qualified electronic signature of the official who issued the order or certified by a simple electronic signature or an enhanced qualified electronic signature of the person submitting the documents.
    If an application to the court in accordance with the law and the Procedure for Filing Documents must be signed (certified) with an enhanced qualified electronic signature, when filing such an application electronically, a power of attorney signed (certified) with an enhanced qualified electronic signature of the represented person is attached to it.

    3.2. Submission of documents within the framework of legal proceedings in arbitration courts (in accordance with the Arbitration Procedural Code of the Russian
    Federation)

    3.2.1. An appeal to the court and the documents attached to it can be submitted to the court in the form of electronic documents signed with an enhanced qualified electronic signature of the person submitting the documents (the applicant or his representative), or in the form of electronic images of documents certified by a simple electronic signature or an enhanced qualified electronic signature person submitting documents.
    3.2.2. Applications to court must be signed with an enhanced qualified electronic signature:
    application for securing evidence (Article 72 of the Arbitration Procedure Code of the Russian Federation); application for securing a claim (Article 92 of the Arbitration Procedure Code of the Russian Federation);
    statement on securing property interests (Article 99 of the Arbitration Procedure Code of the Russian Federation);
    application for ensuring the execution of a judicial act (Article 100 of the Arbitration Procedure Code of the Russian Federation);
    a petition to suspend the execution of a decision of a state body, local government body, other body, official (Article 199 of the Arbitration Procedure Code of the Russian Federation);
    a petition to suspend the execution of judicial acts (Articles 265, 283 of the Arbitration Procedure Code of the Russian Federation);
    statement of claim, application, appeal, cassation complaint, containing a request for interim measures (Articles 125, 260, 2651, 277, 283 of the Arbitration Procedure Code of the Russian Federation).
    These appeals are submitted to the court in the form of an electronic document signed with an enhanced qualified electronic signature of the person submitting the documents (the applicant or his representative), or in the form of an electronic image of the document certified with an enhanced qualified electronic signature. At the same time, an enhanced qualified electronic signature, which verifies the electronic image of the document, must belong to the person who signed the document on paper.
    3.2.3. If an application to the court in the form of an electronic document or in the form of an electronic image of a document is signed (certified) with an enhanced qualified electronic signature, electronic images of documents attached to the application to the court are considered certified by an enhanced qualified electronic signature of the person submitting the documents.
    If an appeal to the court is submitted in the form of an electronic image of a document, such an appeal and the electronic images of documents attached to it are considered certified by a simple electronic signature of the person submitting the documents.
    3.2.4. The appealed judicial acts are attached to the appeal and cassation complaints by the user selecting a copy of the relevant judicial act from the information system “Card Index of Arbitration Cases”.
    The appealed judicial acts can be attached to the appeal and cassation complaints in the form of electronic documents signed with an enhanced qualified electronic signature (signatures) of the judge (judges) who adopted the judicial act, or electronic images of the appealed judicial acts certified by the enhanced qualified electronic signature of the judge, the presiding judge in the case, the chairman of the court (deputy chairman of the court) or an authorized employee of the court staff.
    3.2.5. When submitting an application for review of a judicial act due to new or newly discovered circumstances, the user applies the rules specified in clause 3.2.4 of the Procedure for Submitting Documents.
    3.2.6. Judicial acts may be attached to applications (petitions):
    in the form of electronic documents signed with an enhanced qualified electronic signature (signatures) of the judge (judges) who adopted the judicial act;
    in the form of electronic images of judicial acts, certified by an enhanced qualified electronic signature of the judge presiding over the case, the chairman of the court (deputy chairman of the court), an authorized employee of the court apparatus;
    in the form of electronic images of judicial acts, certified by a simple electronic signature or an enhanced qualified electronic signature of the person submitting the documents;
    in the form of copies of judicial acts from the information system “Card Index of Arbitration Cases”, certified by a simple electronic signature or an enhanced qualified electronic signature of the person submitting the documents.

    4. COMPLETION OF SUBMISSION OF DOCUMENTS

    4.1. Upon completion of downloading the files containing the application to the court and the documents attached to it, after checking the correctness of the entered data, the user, selecting the appropriate option, sends the documents to the court.
    4.2. After sending documents to the court, the user receives a notification in his personal account about the receipt of documents in information system, containing the date and time of receipt of documents.
    4.3. The date and time of receipt of documents in the information system are determined by Moscow time, recorded automatically and taken into account by the court when considering the issue of compliance with the deadline for filing an appeal to the court in accordance with procedural legislation (Part 6 of Article 114 of the Arbitration Procedure Code of the Russian Federation).
    In order to determine the moment of submission of documents for general rule the date and time of the information system are taken into account, and not the date and time of the time zone in which the court - the addressee of the sent appeal - is located.
    The date and time of receipt in the information system of documents filed in courts located in the 1st time zone (Kaliningrad region) are determined by the date and time of receipt of documents in the information system minus 1 hour.
    4.4. Viewing of documents submitted to the court in electronic form is carried out by a court employee responsible for receiving documents in electronic form, who must make sure that the documents received in the information system are addressed to the court, are available for reading, and are drawn up in accordance with the Submission Procedure documents, including compliance with the requirement for the presence of a graphic signature of a person in an electronic form of an application to court, requirements for an electronic signature. If these conditions are met, a notification is sent to the user’s personal account that the court has received documents submitted electronically. The notification shall indicate the name of the court sending the notification, the names of the received application to the court and the attached documents, the date and time of receipt of the application in the information system and the date and time of its receipt by the court. The notice may also include the relevant case number.
    If these conditions are not met, the user is notified that the documents cannot be recognized as received by the court. The notice shall indicate the reasons why the documents cannot be considered received by the court.
    4.5. Documents are rejected for the following reasons:
    1) the appeal to the court is not addressed to this court;
    2) the appeal to the court is identical to the previously sent appeal;
    3) documents are unreadable, in particular: the pages of the document(s) are upside down; the document(s) does not contain all pages; there is no way to determine the presence of all pages (no numbering); there is no electronic document or electronic image of the document in the file; there is no coherent text;
    4) the file of the application to the court and (or) the files of documents attached to it are presented in formats not provided for in the Procedure for Submitting Documents;
    5) the appeal to the court and (or) the documents attached to it are not presented in the form of separate files: one file contains several electronic documents or several electronic images of documents. The names of the files do not allow identifying the documents they contain;
    6) the file of the appeal to the court and (or) files of documents attached to it and (or) the data contained in them are not available for work, in particular: protected from copying and (or) printing, contain interactive or multimedia elements, embedded scripts in JavaScript or any other programming languages;
    7) in violation of the legislation of the Russian Federation and the Procedure for filing documents, the application to the court in the form of an electronic document is not signed with an enhanced qualified electronic signature or the application to the court in the form of an electronic image of the document is not certified by an enhanced qualified electronic signature;
    8) the electronic image of the application to the court does not contain a graphic signature of the person who applied to the court;
    9) the electronic signature does not correspond to the type or format established by the Procedure for Submitting Documents. The enhanced qualified electronic signature has not been verified: at the time of signing the document, the electronic signature certificate has expired, the electronic signature does not correspond to the document, the document was changed (modified) after it was signed with an electronic signature;
    10) the case number specified by the user when submitting documents does not correspond to the case number indicated in the application to the court;
    11) the application to the court submitted by the representative is not accompanied by a document confirming the authority of the representative to present documents to the court;
    12) other requirements for electronic documents and (or) electronic images of documents established by the Procedure for Submitting Documents have been violated.
    4.6. For the purpose of inclusion in the court case, the following are printed:
    a copy of the application to the court received in the form of an electronic image of a document or an electronic document;
    information on the results of verification of the enhanced qualified electronic signature of the electronic document, including information on the enhanced qualified electronic signature with which the electronic document was signed;
    information on the results of verification of the enhanced qualified electronic signature of the electronic image of the document, including information about the enhanced qualified electronic signature with which the electronic image of the document was signed;
    information about a simple electronic signature that verifies the electronic image of the document.
    If necessary, copies of documents received in electronic form are printed and attached on paper to the court case materials.
    4.7. Documents received into the information system must be registered in the judicial automation system.
    4.8. Reception, accounting and registration of documents received in electronic form are carried out in the same order in which the reception, accounting and registration of documents on paper is carried out.
    4.9. Documents submitted to the court in electronic form are available for viewing by other arbitration courts and the Supreme Court of the Russian Federation.