ELECTRONIC DOCUMENT AND ELECTRONIC DOCUMENT MANAGEMENT IN THE SPHERE OF ECONOMIC ACTIVITY

Abstract

In this article, the author states his own point of view on the question under which conditions textual information in electronic form in the field of business is considered an electronic document from a legal point of view. In addition, the author determines under which conditions, from a legal point of view, document flow will be considered electronic document flow in the field of business. In particular, based on the research carried out by the author, the conclusion is noted that only text information in electronic form (electronic document) containing a qualified electronic signature, an improved electronic signature based on a qualified electronic signature certificate, and even electronic transactions (contracts) containing an electronic signature as a one-time identifier should be recognized as electronic documents with the legal force of an electronic document, including in the field of business. It is indicated that if the electronic text information does not contain such an electronic signature, then it is not an electronic document, and it does not have the legal force of an electronic document, although from a procedural point of view, electronic information without an electronic signature is not an electronic document, but can be electronic evidence. Also, on the basis of the research, the conclusion is noted that in the case when electronic documents with electronic signatures are exchanged in the document flow (internal document flow or external document flow) of a business entity, only then, from a legal point of view, is it an electronic document flow of electronic documents that have validity electronic documents. It is noted that when electronic text information is exchanged without an electronic signature, then from a legal point of view, it is not electronic document circulation, but electronic information circulation in the business entity. An example is given that in the internal document flow, when the head of an enterprise places an order with an electronic signature in the information system of such an enterprise, and those employees who familiarize themselves with it for signature, put their electronic signature of familiarization on it, then this will be an electronic document flow. It is indicated that, in the external document flow, when the head of the enterprise sends to another counterparty an act of completed works or an invoice for the delivery of goods with an electronic signature for the electronic signature of the representative of such a counterparty, then this will also be an electronic document flow. It is indicated that the situation is different when a document is sent in a scanned form with a handwritten signature or a file with text information that does not have an electronic signature. In such cases, it is the exchange of copies of documents or the exchange of plain text electronic information, but not the electronic document flow of the business entity.