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Electronic document management. Electronic document management with counterparties: where to start

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Approved

by the order of JSC "Russian Railways"

dated February 27, 2017 N 358r

ORDER

PROVISION OF SERVICES ON CONNECTION, SUPPORT AS ETRAN

AND OTHER SERVICES RELATED TO THE ORGANIZATION OF ELECTRONIC

DOCUMENT MANAGEMENT (INCLUDING THIRD PARTY SERVICES)

1. This Procedure for the provision of services for the connection, maintenance of AS ETRAN and other services related to the organization of electronic document management (including services of third parties) (hereinafter referred to as the Procedure) determines the procedure and conditions for the Client to receive and provide Russian Railways to the Client with complex services, related to the organization of the Client's work in AS ETRAN.

2. The following terms are used in this Procedure:

ARM PPD AS ETRAN - automated workplace preparation of transportation documents by AS ETRAN;

AS OZ - an automated system for processing applications for granting access to information resources OJSC "Russian Railways";

AS ETRAN - automated system for centralized preparation and execution of transportation documents;

ACS-ACS - automated exchange of documents between automated system the Client and AS ETRAN;

The owner of the certificate of the electronic signature verification key is a person who, in accordance with the procedure established by Federal Law No. 63-FZ of April 6, 2011 "On Electronic Signature", has been issued a certificate of the electronic signature verification key;

ELS of the Client - a single personal account of the Client;

Installation - reproduction of the Program in the computer memory for the purpose of its installation (integration into operating system) and use its functionality for its intended purpose. The number of installations on a computer that is allowed to the Client is indicated in the act of services rendered, in accordance with the Application submitted by the Client, paid by the Client in accordance with the terms of this Procedure and being its integral part;

Client - legal or individual, as well as individual entrepreneur who sent to Russian Railways an application for accession to the Agreement on the provision of services related to the organization of electronic document management (hereinafter referred to as the Agreement) in the form provided in Appendix No. 1 to the Agreement;

Electronic signature verification key (electronic signature verification key certificate, KSKPEP) - an electronic document with electronic signature an authorized person of the CA, issued by the CA to the Client to confirm the authenticity of the electronic signature and identify the owner of the certificate of the electronic signature verification key;

OJSC "Russian Railways" - open joint-stock company"Russian railways", which has assumed obligations to perform the services provided in this Procedure;

Users of the ED system - authorized employees of Russian Railways and the Client who exchange electronic documents signed with an ES in accordance with the Conditions presented in the appendix to this Procedure;

Program - computer programs contained on a media (if the Program is delivered on a media), or downloaded by the Client from the official website of the Licensor, as well as documentation (including a user manual and a description software product). The list of programs to which the rights are transferred to the Client is determined in the invoice paid by the Client in accordance with the terms of this Procedure and which is its integral part;

Registration information - *.dst format file required by the Client for installation of the ViPNet Client software. Issuance of *.dst-files is carried out by the Main Computing Center - a branch of Russian Railways;

Electronic signature verification key certificate - an electronic document or a paper document issued by a certification center or a trustee of the certification center and confirming that the electronic signature verification key belongs to the owner of the electronic signature verification key certificate;

Program registration system - a special registration system for legal users of the Programs;

Means of electronic digital signature - a means of cryptographic information protection (CIPF) "CryptoPro", which provides the implementation of the following functions - the creation of an electronic digital signature in an electronic document using the private key of the electronic signature, confirmation using the public key of the electronic signature of the authenticity of the electronic signature in the electronic document, the creation private and public keys of electronic signatures;

TCFTO - Territorial center of branded transport services structural subdivision CFTO;

CFTO - Center for branded transport services - a branch of Russian Railways;

Services - services rendered by Russian Railways to the Client in accordance with the Conditions presented in the appendix to this Procedure;

CA is a certification authority that has required licenses FSB of Russia for the provision of services in the field of information encryption, for the distribution of encryption (cryptographic) means, for the implementation Maintenance encryption (cryptographic) means, and with which JSC "Russian Railways" has concluded an Agency Agreement for the right to conclude an agreement with Clients and sign required documents for the provision of services by the Certification Center to the Client;

Electronic signature (ES) - information in electronic form, which is attached to other information in electronic form (signed information) or otherwise associated with such information, used to identify the person signing the information;

ViPNet Client - software for computers (intellectual property) produced under the trademark ViPNet exclusive and proprietary copyrights.

3. In order to receive services under this Procedure, the Client must send in paper form to the CFTTO or TTFTO an Application for accession to the Agreement, drawn up in the form of Appendix No. 1 to the Agreement (hereinafter referred to as the Application).

4. The client is considered to have read and unconditionally accepted the terms of the Agreement for the provision of services related to electronic document management organizations, this Procedure, as well as the regulation of the Certification Center dated November 16, 2016 N 232 / A, posted on the official website of Russian Railways at www.rzd .ru, from the moment of receipt of the TsFTO/TsFTO from the Client of the Application.

By signing the Application for the provision of services, the Client confirms his consent to reduce the amount of available funds on the Client's ELS in accordance with the amount specified in the Application.

If it is impossible to provide services to the Client or at his request (before the formation of the act of services rendered), Russian Railways shall return the corresponding advance payment in the manner established by Russian Railways, minus the actual documented expenses of Russian Railways, if the refusal of the Client is not related to the improper provision of services by Russian Railways.

7. If it is necessary to increase the term for execution by JSC "Russian Railways" of the Application for the provision of services or the inability to provide services to the Client, incl. in the absence of funds on the Client's ELS, the corresponding information is sent to the Client's e-mail address.

If it is impossible to provide services to the Client due to a reason depending on the Client, the Client, after receiving information from Russian Railways, ensures that the reason for the impossibility of providing services to him is eliminated within 10 (ten) business days.

If within 10 days the Client does not take the necessary actions aimed at eliminating the reasons for the impossibility of providing services by Russian Railways to the Client, these services are considered rendered to the Client.

8. Payment procedure

8.1. Payment by the Client for services is carried out in the manner and under the terms of the agreement on the organization of settlements / agreement on the organization of settlements concluded between the Client and Russian Railways, taking into account the specifics specified in the Conditions presented in the annexes to this Procedure.

8.2. The list and cost of the Services under this Procedure is calculated according to the Price List posted on the official website of Russian Railways at www.rzd.ru in the section " Freight transportation on the date the service is rendered.

8.3. Acceptance of services in accordance with this Procedure is carried out on the basis of an act (acts) of services rendered (adjustment act of services rendered) formed by Russian Railways in the form of Appendix No. 2, No. 3 to this Procedure and at the place of conclusion of an agreement on the organization of settlements / contract for organization of settlements between the Client and Russian Railways.

8.4. In case of disagreement with the data of the certificate of services rendered, the Client, within the time period established in the Conditions to this Procedure, signs it with disagreements and transfers it to Russian Railways. When signing the certificate of services rendered with disagreements, simultaneously with the transfer of the certificate of services rendered, the Client (if any) transfers documents confirming the disagreements to Russian Railways.

8.5. Based on the results of consideration of the act of services rendered, signed with disagreements, Russian Railways forms an adjustment act in the form of Appendix No. 3 to this Procedure. The data of the adjustment act for the services rendered may contain changes in the amounts of payments, both upwards and downwards. The Client signs the corrective act of the rendered services within the period established in the Terms and Conditions to this Procedure.

8.6. By signing an act/adjustment act of the services rendered related to the organization of electronic document management, drawn up in accordance with Appendix No. 2 and to the Procedure, the Client confirms agreement with the volume and cost of the services rendered and with the corresponding accumulative statement drawn up on the basis of this act.

9. In case of refusal to execute this Procedure at the initiative of the Client, or for reasons for which none of the Parties is responsible, reasonable, necessary, actually incurred, documented expenses by JSC "Russian Railways" shall be paid before the date of receipt by JSC "Russian Railways" of the notification on termination of the Agreement or refusal to receive Services under the Application for the provision of services previously submitted by the Client to Russian Railways.

10. Responsibility:

10.1. For non-fulfillment or improper fulfillment of their obligations, Russian Railways and the Client are liable in accordance with the law Russian Federation, by this Procedure, taking into account the specifics established in the Conditions to the Procedure.

10.2. In the event that circumstances arise that impede the provision of the Services, for reasons depending on the Client or its counterparties, Russian Railways shall be released from fulfilling obligations within the framework of the services provided to the Client, and the Client shall be liable for the consequences and reimburse all expenses incurred by Russian Railways in as a result of the circumstances.

10.3. In the event that third parties are involved to perform their duties as part of the provision of services, Russian Railways shall be liable for their actions as for their own.

10.4. JSC "Russian Railways" shall be released from liability for non-performance or improper performance of its obligations in the event that such non-performance or improper performance occurred due to circumstances beyond the control of JSC "RZD".

10.5. JSC "Russian Railways" has the right to unilaterally suspend the provision of services if the Client has not made an advance payment and has not ensured the transfer to the settlement account of JSC "Russian Railways" as a prepayment cash, sufficient to pay the Payments for the Services due to Russian Railways.

10.6. The parties accept the fact that the complex information service, provided under this Procedure, is of an exclusively informational nature and is provided on the basis of operational data of the real-time information systems of Russian Railways JSC on an "as is" basis. As a result, Russian Railways is not responsible for incorrect and / or incorrect input or distortion of information that arose through no fault of its own, as well as losses of the Client arising from the specified circumstances and not directly related to the subject of this Procedure.

10.7. The Client is responsible for the further use of the information received in accordance with this Procedure.

11. Force majeure circumstances

11.1. The Parties are released from liability in case of non-fulfillment or improper fulfillment of obligations under this Procedure due to force majeure circumstances, that is, extraordinary and unavoidable circumstances under the given conditions, including declared or actual war, civil unrest, epidemics, blockades, embargoes, fires, earthquakes, floods and other natural disasters, as well as the publication of acts of state bodies.

The introduction of electronic document management allows you to implement the following features:

Connecting electronic document management is convenient for organizations that:

  • Submit a declaration for VAT.
  • Conclude labor contract with remote employees.
  • Are exchanged primary documentation with suppliers or customers.
  • cooperate with mobile workers.
  • Hold meetings shareholders.
  • carry out factoring operations at the time of payment for the product.
  • Have an extensive document flow.
  • Have counterparties or branches in other cities.

To connect EDI, an agreement is concluded with an accredited EDI operator. In order for the documentation to have legal force, the files are certified with an electronic signature. For each employee who has the right to sign the corresponding category of documents, an enhanced qualified digital electronic signature is acquired. You will also need means of cryptographic protection of information and software for them. The accounting policy of the company includes a provision on the legitimacy of compiling primary documentation in in electronic format with confirmation digital signature. With counterparties with whom it is supposed to exchange documents in electronic form, an "Agreement on the Exchange of Electronic Documents" is concluded. The computer on which the program for electronic document management is installed is connected to the Internet.

Forms of documentation

Work is carried out with two forms of documentation: incoming and outgoing.

  • Incoming Documentation automatically generated in the database. After receiving the documentation from the counterparty, the button is pressed: “Get an answer”. After that, the file is available for viewing, approval or rejection. When approved, an automatic confirmation is sent to the recipient.
  • Outgoing Documentation after formation, it is instantly sent to the counterparty by pressing the "Sign and send" button. Once submitted, the file is automatically marked in the outgoing documentation registry.
  • Other documentation is also available for EDI exchange. To do this, the files are digitally signed.
  • A set of documentation signed by both parties is considered an original, having full legal force and not requiring confirmation on paper.

Deputy CEO Taxcom LLC

The vast majority of accountants use specialized computer programs, submit electronic reporting in tax office and funds. So why not communicate “electronically” with your counterparties? Why print reams of paper when you can create and store electronic documents? We were told how to do this by a company providing electronic document management services.

Igor Vladimirovich, please tell us what it is - electronic document management?

I.V. Murashkintsev: Electronic document management- this is a way of organizing work with documents, when the bulk of their originals are formed in electronic form, without the use of paper. Please note that with such a workflow in electronic form, it is the originals that are created, and not just electronic copies of paper documents. Electronic documents according to approved formats can be compiled in most accounting programs. But in order for an electronic document to be legally significant, it must not only comply with the approved formats and have the required details, but also be signed with an electronic signature.

Having created a document, you can immediately sign it with an electronic signature in many, though not in all, accounting programs.

If an electronic document is sent to a counterparty, it must be sent in compliance with the procedure for exchanging electronic documents.

And what is this procedure for the exchange of electronic documents? Which of the types of electronic signatures should an electronic document be signed?

We are grateful for the proposed topic of the interview with the chief accountant of LLC “Firm “ANIS-98”” Olga Vladimirovna Saltykova, Moscow.

I.V. Murashkintsev: For different documents, this order will be different. There are special, more stringent requirements for electronic invoices. They must be signed with an enhanced qualified electronic signature and sent through an electronic document management operator a Order, approved. Order of the Ministry of Finance dated April 25, 2011 No. 50n.

An enhanced qualified electronic signature is an analogue of an organization's seal along with a signature responsible person. Attached to it qualified certificate verification key. Only accredited certification centers can issue such electronic signatures. Law of April 6, 2011 No. 63-FZ. Documents that were signed with an electronic digital signature under the old EDS Law, which will no longer be valid for Law of January 10, 2002 No. 1-FZ are considered to be signed with an enhanced qualified electronic signature.

In some industries, for example, in the jewelry industry, it is desirable to transfer through the operator not only external, but also some internal documents of the organization. Internal documents usually do not have to be signed with enhanced qualified signature. By decision of the organization itself, there may be a sufficiently strengthened unqualified or even a simple electronic signature.

Enhanced unqualified signatures are also issued by certification authorities, and they can be cheaper than qualified ones. A simple signature is a cipher or password that allows you to identify the creator of the document. You can put such a signature with the help of a computer program, and this will require less expense than purchasing an enhanced signature.

External documents, except for invoices, can be sent to counterparties by simple e-mail. By agreement of the parties, they can be signed either with an enhanced qualified or an enhanced unqualified electronic signature. But use special system electronic document management is more convenient, as it allows you to instantly receive a notification that your partner has received the document. He, in turn, can immediately sign it and send it to you.

What is the best way to start implementing electronic document management?

I.V. Murashkintsev: Usually go to use electronic documents solve the companies that have many counterparties and a large amount of external document flow. Since the exchange of electronic documents, in particular invoices, is possible only by mutual agreement of the parties paragraph 1 of Art. 169 Tax Code of the Russian Federation, then first you need to discuss the possibility of switching to electronic document management with your regular counterparties. Then you must select an electronic document management operator and conclude an agreement with him. The list of electronic document management operators included in the Trust Network of the Federal Tax Service is posted on website of the Federal Tax Service .

What criteria should be guided by when choosing an operator?

I.V. Murashkintsev: As a rule, electronic document management operators make it possible to exchange electronic documents with several counterparties in test mode. In the course of such a "trial operation" you will be able to understand which interface is more convenient for you and whether it will be easy to combine your accounting program with the operator's workflow system.

The more difficult it is to combine an accounting program with an electronic document management system, the higher the cost of implementing the system will be. Pay attention to the price of sending electronic documents. Normally shipping is charged the same as mobile communications: the "caller" pays, that is, the sender of the electronic document. Electronic documents often need to be sent as a set. In this case, sending a package of documents, for example, an invoice and a certificate of completion or an invoice, may be charged.

Is it necessary to simultaneously conclude an agreement with a certification center - an organization that issues electronic signatures?

I.V. Murashkintsev: At external document management it is necessary. The certification center must provide all participants in the document flow with electronic signatures. Companies that submit reports electronically have already concluded such agreements. If you use only internal workflow, then it depends on your desire. Internal documents can be signed with a simple electronic signature, in which case it is not required to conclude an agreement with a certification authority.

Can contractors use different systems electronic document management? Or can you only receive documents if your partner sent them through the same operator?

I.V. Murashkintsev: Now between the operators, unfortunately, there is no internal roaming yet. Therefore, in order to receive documents, you need to connect to the same operator to which the company that sends the documents is connected. So if your counterparties work through different operators, in order to exchange documents with counterparties, you will have to conclude an agreement with each of the operators.

We hope that roaming will work during this year and then it will be possible to accept documents sent through other operators.

Is it necessary to separately prescribe the use of an electronic document management system in contracts with counterparties?

I.V. Murashkintsev: No, this is not required. It is enough to exchange ordinary emails(they may not be certified by electronic signatures) or paper letters by fax, where consent is confirmed to use electronic documents Letter of the Ministry of Finance dated 01.08.2011 No. 03-07-09/26. Or, for example, one of the counterparties can invite another through their operator, as happens when inviting "friends" in social networks and the other is to accept this invitation. However, if your counterparty does not want to receive documents electronically, you will have to continue to send them paper documents.

Well, we agreed with partners, chose an operator or even several operators. What to do next?

I.V. Murashkintsev: Now we need to adapt the business processes in the company for the introduction of electronic document management when working with counterparties:

develop and approve the procedure for electronic document management;
assign responsibility for its maintenance;
organize an electronic archive of received and sent documents;
prescribe in accounting policy rules for the creation, receipt and storage of electronic documents, appoint persons responsible for the formation and signing of electronic documents.

Each employee who is authorized to sign electronic documents must be provided with an electronic signature, because you cannot transfer your signature to other persons.

Do I need to print and store electronic documents in paper form?

I.V. Murashkintsev: No, it is not necessary, although many people continue to do it in the old fashioned way. All sent and received electronic documents are stored in an electronic archive. And your electronic archive should be organized in such a way that, if necessary, for example, at the request of the tax inspectorate, you can quickly find the requested documents and send them to the inspectorate in electronic form, as electronic reporting is now transmitted.

And if the tax office or the auditor asks for a paper copy of the electronic document, will it be seen that this is a copy of the electronic document and that the electronic document is signed by the parties?

I.V. Murashkintsev: An electronic document can be printed and a paper copy can be obtained. This copy will automatically be printed that this is a paper copy of an electronic document, and the original was signed by electronic signatures of the parties. A paper copy, if it is properly executed, that is, certified by the signature and seal of the organization or notarized, can be used in the same way as a copy of the paper original of the document.

Can all documents be created electronically?

I.V. Murashkintsev: Documents can be created in both paper and electronic form. If an electronic document is signed with a qualified electronic signature, it is equivalent to a paper document signed with one's own hand. paragraph 5 of Art. 9 of the Law of December 6, 2011 No. 402-FZ; paragraph 1 of Art. 6 of the Law of 06.04.2011 No. 63-FZ. For the invoice, invoice TORG-12 and the certificate of completion, there are approved Federal tax service electronic formats. Other documents can be created in any format, such as text or pdf.

But there is a document that must be drawn up on paper. This is a bill of lading. It is not yet possible to ensure the possibility of its electronic reading in transit.

In addition, documents regulating the relationship between the employer and the employee, for example, an application for employment, an employment contract, must also be drawn up in paper form.

What are the requirements for equipment, for computers connected to the electronic document management system?

I.V. Murashkintsev: The same as for computers from which electronic reporting is sent to the tax office and other regulatory authorities. Each workplace connected to the electronic document management system must have a stable Internet channel and the Crypto-Pro program or another similar program for working with electronic keys must be installed.

What dangers can arise when creating and sending electronic documents and how to avoid them?

I.V. Murashkintsev: There are no serious dangers, in my opinion. The only thing is that you have to be very careful, do everything on time and avoid mistakes in electronic documents, especially in invoices. The rules for issuing and sending invoices are very strict. And in order to correct an error in the sent invoice, you must resend the corrected invoice.

However, you cannot send a new invoice retroactively with a date that has already passed.

Continuous numbering of invoices occurs in the accounting program. And it doesn't matter if you send invoices in paper or electronic form and whether you use the services of one or more operators.

What is approximate cost sending and receiving an electronic document?

I.V. Murashkintsev: A stable price on the market for these services is just being formed. Today it can be from 1 to 5 rubles. for sending one electronic document. Some operators additionally set a subscription fee. Receipt of electronic documents, as a rule, is free of charge.

In any case, it is cheaper than sending documents by regular mail, especially over long distances. Plus, reducing the cost of printing and storing paper documents.

According to reviews of companies that have begun the introduction of electronic document management, savings when switching to the exchange of documents with counterparties in electronic form can be about 2% of the company's gross turnover.