Publication date: 29.06.2024
Graduated lawyer with experience of more than 7 years with experience in the field of public procurement, civil, administrative law and document drafting, expert in communication and dispute resolution, author of a legal blog and social media.
The electronic signature in procurement plays an important role in ensuring the security and transparency of the process.
Question
What is an electronic signature?
Answer
Electronic signature (EC) is a special digital code that is added to electronic documents and confirms their authenticity.
The electronic signature provides:
- User identification — the signature confirms that the document was signed by an authorized person.
Data integrity - the document cannot be changed after signing.
Evidence - an electronic signature has the same legal force as a handwritten signature on a paper document.
These are the main tasks of an electronic signature.
Why do you need an electronic signature in purchases?
Speaking from the point of view of public signatures, an electronic signature provides:
- Information protection: An electronic signature protects data from unauthorized access or modification, which is important in the procurement process.
- Legal force: All documents signed by KEP are official and have legal force. This avoids paperwork and speeds up the document processing process.
- Transparency: The use of electronic signatures increases the transparency of the procurement process, as all actions are recorded in the system. This reduces the risk of corruption.
- Speed: Thanks to the electronic signature, the processes of approval and processing of documents are significantly accelerated, which is especially important for operational purchases.
Question
How to get an electronic signature?
Answer
To obtain an electronic signature, an authorized person applies to an accredited key certification center. There, she is issued a token — a special medium on which the signature is stored. This ensures the maximum level of security.
Electronic signature is an integral part of modern purchasing processes. It ensures reliability, security and speed of work in the electronic procurement system, making processes more transparent and controlled.
Obtaining an electronic signature
One of the first tasks that an authorized person (AU) must perform to work in the electronic procurement system is to obtain an electronic signature. Questions often arise about the type of this signature, as well as the reasons and procedure for its use.
Relations in the field of identification by electronic means are regulated by the Law "On electronic identification and electronic trust services". According to it, the following terms are defined:
An electronic signature is certain electronic data that is added to similar electronic data or is logically linked to them and is also used by the signer as a signature.
Qualified signature (KEP): a kind of improved electronic signature, and is created using a qualified electronic signature tool based on a qualified electronic signature certificate.UEP (Advanced Electronic Signature), based on a qualified certificate.
It is created using a qualified electronic signature certificate issued by a qualified electronic trust service provider.
Common questions.
Question
What are the differences between KEP and UEP
Answer
The main difference between KEP and UEP lies in the level of information protection. KEP has the highest level of protection, as it is created and stored using a qualified electronic signature (token), which must have the conclusion of the State Service for Special Communications and Information Protection. UEP can be recorded on any medium, so its level of protection is lower.
Question
Is it necessary to have an electronic signature to work with public procurement?
Answer
To make a purchase, the UO uses the Electronic Procurement System (ESZ). In accordance with the Law of Ukraine "On Public Procurement", the electronic procurement system ensures procurement, creation, placement, publication, exchange of information and documents in electronic form. Information entered into the electronic system is signed by a qualified electronic signature of an official.
Legislation requires the Administrative Office to use the KEP in its work. This is necessary to ensure the proper level of security and reliability of electronic documents.
KEP for an individual
In order to carry out actions on the site, the KEP must be issued to the UO as a representative of the legal entity - the customer. A personal electronic signature is required only for testing, where the system identifies a person by personal identification number. The signature of the head of the institution is not suitable for this procedure, since the testing must be done by the MA itself.
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