Об уголовной ответственности за неисполнение обязанностей при выдаче квалифицированного сертификата ключа (электронной цифровой подписи)

Abstract

The article is devoted to the urgent problem of ensuring the proper circulation of qualified key certificates (electronic digital signature) by criminal legal means. The criminological aspects of crime in the field of electronic document management are investigated. The reasons for the criminalization of this sphere and the formation of illegal infrastructure in it are noted. Violations in the registration of certificates of electronic digital signature keys determine economic and ordinary crimes. The necessity of improving the legal responsibility of participants in legal relations in the field of electronic document management is substantiated. Bottlenecks have been identified in the legislation regarding non-fulfillment or improper fulfillment by an employee of the certification center of his professional duties. The authors supported the draft laws of previous years on the introduction of criminal liability for offenses in the field of electronic document management. The necessity of finalizing modern legislative initiatives in this area is substantiated. A review of judicial practice confirmed the expediency of supplementing the Criminal Code with Article 327.3 "Unlawful actions in relation to an enhanced electronic digital signature". Responsibility for illegal actions of an employee of an accredited certification center for issuing an electronic digital signature is proposed. The range of subjects of the crime has been clarified. These include employees of certification centers, citizens who purchase electronic digital signatures and are their owners, as well as representatives of intermediary organizations.