Certification of correspondence by a notary. Notarization of electronic correspondence

Skvortsov Dmitry lawyer of the general practice department of Yurkonsul - URC Group

Goals: to provide the ability to use email correspondence as evidence in an arbitration court, give the letters the status of legally significant documents.

How to proceed: in the contract, equate emails to paper correspondence, refer to them in official correspondence, certify the contents mailbox from your Internet provider, notary or expert.

As you know, prevention is cheaper than cure. Give legal force email correspondence can be done directly early stage relationship with the counterparty, that is, when drawing up an agreement. Namely, to record in it that the parties recognize the legal force of correspondence and documents received by fax or the Internet equal to the originals (clause 3 of Article 75 of the Arbitration Procedure Code of the Russian Federation). In this case, the agreement must specify the email address from which electronic correspondence will be sent, and information about confidant authorized to conduct it. You can include something like this in the text of the document.
Example
"Correspondence and exchange necessary documents between the parties is carried out through electronic communications using an email address... which is registered to an employee of the company [full name, position]...".

It is advisable to additionally note that this email address will serve the parties not only for work correspondence, but also for transferring work results, approval terms of reference and making claims regarding the quality of services provided (resolution of the Ninth Arbitration Court of Appeal dated December 24, 2010 No. 09AP-31261/2010-GK).

In addition, the parties may provide in the agreement that notices and messages sent by email, are recognized by them, but must be additionally confirmed within a certain period by courier or by registered mail(resolution of the Thirteenth Arbitration Court of Appeal dated April 25, 2008 No. A56-42419/2007).
Refer to in official correspondence
Even if the agreement with the counterparty contains a provision on the legality of correspondence and sending documents by e-mail, for court decision this may not be enough. It is not enough to come to court with ordinary printouts emails and a contract - judges are likely to doubt the authenticity of the correspondence.

Of course, Internet correspondence is more convenient and faster, but you should not completely neglect traditional paper correspondence. Make references to agreements mentioned in emails. Record the main stages. At the same time, it is not necessary to print the letters and put them in an envelope. An example of a reference to electronic correspondence in a paper letter would be the following phrase.

Example
“As you reported in an email dated May 7, sent from a mailbox ... and signed by [full name, position], to a mailbox ... registered with an employee of our company [full name, position]..." .

However, it cannot be guaranteed that the court will necessarily agree with such evidence. He will only take it into account, and make a decision based on a comprehensive analysis of all the evidence presented.

VERIFY WITH YOUR PROVIDER

You can confirm the authenticity of emails by having them certified by your internet service provider or domain name registrar. At the same time, it is important that the contract with them indicates that they are responsible for managing the mail server. As a rule, the certification service is provided upon written request from the client free of charge, even if it is not expressly stated in the contract. Moreover, this can be done both before the start of proceedings in court and after. Of course, it is better to take care of the legitimacy of electronic correspondence in advance.

The certification procedure itself is as follows: bring along with the application printouts of electronic correspondence and documents, and an employee of the Internet provider (registrar) seals the papers and puts the date, time, and his/her full name on them. and position.

By the way, there may be too much electronic correspondence, so some courts accommodate companies halfway and allow them to submit documents on digital media (Resolution of the Federal Antimonopoly Service of the Moscow District dated January 29, 2009 No. KG-A41/13088-08). In this case, only those letters that directly relate to the subject of the dispute are printed and certified by the provider. For example, about the essential terms of the contract (subject, terms, price, as well as terms and conditions of payment). And the rest work correspondence(requests, notifications, appeals, party details or data on persons performing obligations, etc.) the company transmits electronically.

CONTACT A NOTARY

If the proceedings have not yet begun, but you want to be on the safe side and have your correspondence certified in advance, you can use the services of a notary. The application must explain why you contacted him right now and what documents you want to have certified, and also confirm that at the time of contacting the notary the case had not yet been processed.
The notary will examine the contents of the mailbox and draw up a protocol in which, in addition to detailed description of his actions will indicate the date and place of the inspection, information about himself and the interested parties participating in it, and also list the discovered circumstances. Then the protocol is signed by all participants in the inspection, and the notary files printouts of the emails and puts his stamp. The court is obliged to accept such a protocol of inspection of the electronic mailbox as evidence (determination of the Supreme Arbitration Court of the Russian Federation dated April 23, 2010 No. VAS-4481/10).
All interested parties must be notified of the time and place of the inspection (Articles 102, 103 of the Fundamentals of the Legislation of the Russian Federation on Notaries, approved by the Supreme Court of the Russian Federation 02.11.93 No. 4462-I). It happens that the matter is urgent, for example, you ask to certify website pages on the Internet, the information on which can change at any moment. Then the inspection can be carried out without notifying the other party, but there is a risk that the court will not accept the protocol as evidence.

AS BETTER

When exchanging files by email, it is extremely difficult to prove that only the recipient knows the password for his computer and that no one else had access to his mailbox. Therefore, it is safer to use an electronic digital signature.

E-mail can be stored on the addressee's computer, the sending or receiving mail server, as well as on the computer of the person to whom the correspondence is addressed. In this regard, notaries inspect the contents email box either remotely, that is, they use remote access to a mail server (it can be a server of a provider providing an electronic communication service under a contract; a mail server of a domain name registrar or a free Internet mail server), or directly from the computer of the interested person on which the work program is installed with email. During a remote inspection, in addition to the application, the notary may need permission from the domain name registrar or Internet provider. It all depends on who exactly supports the operation of mailboxes or electronic mail server according to the contract.
This method has two main drawbacks: only a few notaries certify emails. Moreover, the notary fee is not established by law; such services are provided as an experiment. For example, in Moscow, one page of the descriptive part of the protocol will cost approximately 2 thousand rubles, which is not much more expensive than a general power of attorney. The number of pages in the notarial protocol for the inspection of evidence depends on the amount of information to be inspected, but cannot be less than two.

ORDER A FORENSIC EXAMINATION

If the proceedings in the case have already begun, then to give legal force to electronic correspondence, you can use the right to attract an expert (Resolution of the Federal Antimonopoly Service of the Moscow District dated January 20, 2010 No. KG-A40/14271-09). The court has the right to order an examination on its own initiative, but it is better to file a petition (Article 82 of the Arbitration Procedure Code of the Russian Federation, Article 79 of the Code of Civil Procedure of the Russian Federation).

The application specifies the organization and specific experts who will conduct it, as well as the circumstances that need to be confirmed with their help. For example, were changes made to electronic files or from whose exact mailbox the letter was sent. Information about the cost of such an inspection and its timing will also need to be reported to the court and the full amount of payment for the cost of expert services must be deposited. It should be noted that examination of electronic correspondence can be performed by various forensic institutions. On average it takes 10 days, but it all depends on the volume and urgency of the work. The cost is approximately 25 thousand rubles.

Electronic correspondence is taken into account by the court only if it has legal force. Any of the above methods has been tested in practice and can be safely used. But in order to avoid undesirable consequences in the future, if a dispute arises, it is safer to make it a rule to make references in paper correspondence to emails and have the latter certified by the provider.

Notarization of email correspondence - Yandex, Google, Outlook, etc.

Notarization e-mail correspondence consists in drawing up an inspection protocol and a separate inspection of each recorded fragment of e-mail correspondence. The total cost of certification consists of the cost of the inspection protocol and the cost of examining each fragment of email correspondence. The inspection report, as a rule, reflects such unnecessary and irrelevant assurances technical specifications computer, as: Internet provider agreement, from which IP address you logged in personal account email, etc. After drawing up the inspection protocol, the notary or acting notary proceeds to inspect the email correspondence itself. Recording is carried out by photographing your email correspondence on digital camera. As a result, you receive a notarized certification of your email correspondence.

In accordance with paragraph 24 of article 35 "Fundamentals of legislation Russian Federation on notaries" (approved by the Supreme Court of the Russian Federation on 02/11/1993 N 4462-1) (as amended on 12/31/2017) (as amended and supplemented, entered into force on 01/11/2018) notaries certify the equivalence of a document on paper to an electronic document As we can observe from the above-mentioned law of the basics of notaries, the maximum that a notary can do is take a photograph of the monitor screen and draw up an inspection report plus an inspection of each page, be it electronic correspondence or an Internet page. Average cost certification of 1 page by a notary (in Moscow) is: drawing up an inspection protocol from 10,000 rubles, plus from 1,500 rubles 1 A4 sheet of electronic correspondence or Internet page. You can also overpay the contractor who opened one of the forms of ownership of the organization (whether it is “LLC” or “ANO”). IN in this case"LLC" acts as an intermediary who will take money from you not only for notary services, but also its commission!!! In a nutshell, how it works: initially you contact an organization that provides notarization services digital content, then you provide the login and password for your email, after which you pay the cost of such certification to the organization’s account. Next, you will receive notarization of your email correspondence, BUT the applicant for the certification of your correspondence will be this “LLC”, not you!!! Refund cash in this case it will not be possible, alas. On top of everything, you will pay not only for the “pure” work of the notary, but also for the fact that you turned to an intermediary, who took a commission from you. Thus, between you (as a client) and the notary comes the same organization (“LLC”) that requires you to provide the login and password for your email, and on behalf of the organization (and not from you!!!) will make an appeal to the notary. As a result, you will overpay at least 2 times.

How to properly provide electronic correspondence so that it is accepted as evidence in court?

The notary does not have special knowledge and does not have the slightest idea what it is email message, how the information and telecommunications network is structured and works and what, in principle, network technologies are. Since we have come to the conclusion that, from a procedural point of view, a notary is not authorized to carry out such procedural procedures as: discovery, securing and seizure of digital content, then these actions are authorized to be carried out by experts or specialists with appropriate qualifications. The specialists of our organization confirm their qualifications as “forensic experts” with state-issued documents, which is the main and undeniable advantage when certifying e-mail correspondence. As a rule, the conclusion of the specialist who performs the research (certification) contains the following questions:

Was the email correspondence submitted for research subject to changes (compromise of data), as a result of which the submitted correspondence could be changed (letter characters)?;
To determine who the sender of an email is, is it possible to determine the sender's email address? Is it possible to establish his full name?;
Determine when the email correspondence submitted for research was sent/received?

The court very carefully pays attention to the above categories of issues and subsequently attaches to the case materials your electronic correspondence, certified by a specialist with the qualifications of a forensic expert.

Thus, we can conclude that in order to attach email correspondence to the case materials, there is no need to resort to the services of a notary, it is enough to conduct a full-fledged research, put the right questions and give detailed answers to them. To put it succinctly, the certification of correspondence by a forensic expert will be approximately as follows:

The customer\sender's email is recorded;
Electronic correspondence is recorded;
The date and time of sending messages is recorded
Study source code software on which email is installed. If the web version of email is used, the reliability of the programmable part of the site is established;

Can electronic correspondence certified by a notary be rejected in court?

Of course, such a practice exists. To be on the safe side and protect yourself from such risks, you need to seek advice from our organization. Certifications by a forensic expert of electronic correspondence are accepted in the world, district and arbitration courts of Moscow and the Moscow region. We will be able not only to advise you, but also to provide you with accurate information whether our assurances were provided to the court of Moscow or the Moscow region you are interested in.

Our specialists travel to the customer’s premises. In addition, you can use our services courier service. Your conclusion will be delivered at a time convenient for you. Also, the issuance of certifications is carried out around the clock in our central office at the address: Moscow, Kutuzovsky Prospekt, 36s4, office 311

With us you can get a free consultation and clarify any information you are interested in.

It is obvious that e-mail has many advantages and is widely used in the process of conducting business activities.

In this article I propose to consider the issue of legal validity of electronic correspondence as evidence. We will talk about ordinary correspondence carried out by the vast majority of people, without the use of electronic mail. digital signature, or other analogues of a handwritten signature.

Often, during a conversation with principals on a particular issue, it turns out that either the agreement was concluded by exchanging documents by e-mail, or all or part of it was legally significant correspondence between the parties to the agreement was carried out by e-mail. Moreover, the principal is simply convinced that he will easily prove that he is right by referring to this correspondence and this agreement.

The question arises whether this correspondence by email proof of certain circumstances? What if the procedural opponent declares that he can also provide correspondence containing opposing information, how to give the correspondence a procedural form and legal force?

Let's go from general to specific.

Legislative regulation in the field of use technical means when preparing evidence, it is clearly insufficient, the conceptual apparatus as such is absent, in different regulations the same concepts are often defined differently.

Without going into technical features the work of email, leaving you without lengthy definitions of email, information and telecommunication networks and other concepts, let’s move directly to the evidence in the arbitration process, so to speak, a little theory.

As we know, the evidence in the case is obtained in accordance with the Arbitration Code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation) and others federal laws the procedure for information about the facts on the basis of which the arbitration court establishes the presence or absence of circumstances justifying the demands and objections of the persons participating in the case, as well as other circumstances relevant for the correct consideration of the case. Written and material evidence, explanations of persons participating in the case, expert opinions, expert consultations, testimony of witnesses, audio and video recordings, other documents and materials are allowed as evidence (Article 64 of the Arbitration Procedure Code of the Russian Federation).

In turn, written evidence is containing information about circumstances relevant to the case, contracts, acts, certificates, business correspondence, and other documents made in digital form, graphic recording or in any other way to establish the authenticity of the document.

According to Art. 75 of the Arbitration Procedure Code of the Russian Federation, documents received by fax, electronic or other communication, including using the information and telecommunication network “Internet”, are accepted as written evidence in cases and in the manner established by this Code, other federal laws, other legal acts or agreement or determined within the limits of its powers by the Supreme Arbitration Court of the Russian Federation.

Let us leave aside theoretical disputes in the legal field about whether email correspondence is written or physical evidence, since for the required result (recognition correspondence as evidence in court) it doesn't really matter.

We proceed from the fact that the correspondence contains information about circumstances relevant to the case, no matter what it is - or any other dispute.

As we see, in order to email correspondence meets the criteria for written evidence and is admissible as written evidence, it must meet, at a minimum, the following conditions:

It must be performed in a manner that allows the authenticity of the document to be established;

It must be received in installed by the APC RF, other federal laws, other legal acts or agreements.

These criteria become a stumbling block every time you refer to email correspondence as evidence of certain circumstances.

Formally, the true content of electronic correspondence can be established by examining it at its location according to the rules of Art. 78 of the Arbitration Procedure Code of the Russian Federation (for example, the court may require the relevant person to provide access to email, inspect a message or attached file). Personally, I have never encountered courts doing this, although I have seen representatives rushing to see the judge with a laptop.

Regarding “must be performed in a manner that allows the authenticity of the document to be established”:

It seems that almost the only possible way“reification” of electronic correspondence is its printing on a printer. But the courts are not willing to accept such printouts as evidence, since the likelihood of falsification is high.

You can’t foresee everything, but analysis judicial practice helps to develop a series practical measures, allowing you to give electronic correspondence a “procedural” quality.

Make an act indicating the date and exact time of preparation. In the act, indicate information about the person who carried out the display of the correspondence on the screen and further printing (full name, position), such a person can be the head of the organization - a party to the dispute, the provider, or any other person related to the dispute.

Also in this act information should be provided on software(indication of browser version) and used computer technology. An act containing the above information, at a minimum, deprives your procedural opponent of the argument that it is not possible to establish by whom, when and with what use the correspondence was printed. I'm on at least When objecting to the inclusion of correspondence, I always refer precisely to the fact that the correspondence presented to the court does not meet the criteria of evidence precisely because it is not clear by whom, when and with what use it was produced.

Letters addressed to my client and that do not correspond to my position on the case are always “sent to spam”; I never received them.

In the act itself, be sure to indicate the sequence of actions performed when displaying the correspondence on the screen and further printing. For example, you can take the protocol of a notary’s inspection of written evidence.

Now let's turn to the reliability of email correspondence.

It seems that reliability in this case should be understood as confidence in the truth of the correspondence. Part 3 of Art. 71 of the Arbitration Procedure Code of the Russian Federation establishes that evidence is recognized by the arbitration court as reliable if, as a result of its verification and research, it turns out that the information contained in it is true.

How should the correspondence be carried out so that its truth is not in doubt?

First of all, it should be clear from the correspondence from whom and to whom the letter or document was sent. It seems that the identification of the parties to correspondence should be taken care of in advance by stipulating the parties’ email addresses in the agreement, since it is necessary to prove the ownership of a particular email address to a specific person or it can be very difficult for an organization (to register an email account, you do not need to provide any identification documents or constituent documents; registration is usually anonymous).

As follows from paragraph 3 of Art. 75 of the Arbitration Procedure Code of the Russian Federation, the parties have the right to include in the contract a condition on the procedure for individualizing their electronic correspondence (sending messages to agreed upon email addresses) in order to give it the properties of reliability.

It is worth noting that since this method assumes mandatory use parties exactly those email addresses, which are directly indicated in the contract, which is rarely carried out in practice, then this method of establishing the reliability of electronic correspondence is not very reliable.

For an example, look, for example, Resolution of the Federal Antimonopoly Service of the Far Eastern District dated November 16, 2012 No. F03-5177/2012 (The plaintiff’s argument about transferring disputed claims to the defendant by email was rejected because it did not indicate their receipt by the plaintiff. At the same time, it was not presented in the case materials evidence of agreement between the parties on the use of electronic documents in claim work).

If it is impossible to correlate the parties to the contract and a specific address, I can only recommend referring to clause 1 of Art. 5 of the Civil Code of the Russian Federation, justifying the use of e-mail in the absence of an appropriate indication in a contract or other bilateral document as a business custom, and also indicate the absence of objections from the procedural opponent to such an exchange of information.

I also note that a person conducting email correspondence on behalf of another person (or in his interests) must be authorized to do so.

Documents drawn up inconsistently, without proper specificity, will most likely be rejected by the court on the grounds of unreliability.

As for the second condition - “receipt of correspondence in the manner established by the Arbitration Procedure Code of the Russian Federation, other federal laws, other legal acts or the agreement.”

I have not found in the current legislation any procedure for obtaining such evidence as electronic correspondence. It appears that this correspondence must not violate the constitutional right to confidentiality of correspondence. Certification of electronic correspondence by a notary

Sometimes participants in the process ask for inclusion notarized electronic correspondence.

I will not describe how the provision of evidence by a notary is regulated; those who are interested can find it themselves; we will briefly dwell on the issue of providing evidence by a notary.

Please note that if proceedings have already been initiated, it is too late to contact a notary. Yes, I admit that the court can treat documents certified by a notary with great confidence. But there is no such requirement in the law, and accordingly it is not necessary to apply to it.

I would like to draw your attention to the following points:

The reliability of electronic correspondence in this case is limited to cases where the ownership of email addresses by the parties is not denied;

The notary is obliged to notify the parties and interested parties of the time and place of providing evidence. If the notary does not do this and the court does not establish urgent cases, then there is a possibility that the protocol for examining physical evidence (email) will be deprived of evidence.

The notary does not provide evidence in a case that is being processed by a court or administrative body at the time the interested parties contact the notary.

In conclusion, let's make a few conclusions:

Whether email correspondence constitutes written evidence is determined each time at the discretion of the court.

Given the insufficient legislative regulation In the question of the use of electronic correspondence in economic circulation, there is no need to talk about the predetermined power of correspondence as evidence.

Considering that the court evaluates evidence according to its internal conviction, based on a comprehensive, complete, objective and direct examination of the evidence available in the case (clause 1 of Article 71 of the Arbitration Procedure Code of the Russian Federation), it cannot be said that the correspondence will be accepted by the court as evidence, and even if it is , then it is not possible to predict what assessment the court will give to such correspondence.

Accordingly, a position based only on electronic correspondence is extremely weak.

It cannot be said that the courts are great at accepting electronic correspondence as evidence, although there are cases of a favorable attitude towards this type of evidence as a modern, convenient, reliable, widespread method of transmitting information (see Resolution of the Ninth Arbitration Court of Appeal dated April 27, 2006 in the case No. A40-20963/2005).

In general, in war all means are good and all possibilities must be used to the maximum.

I hope this article will be useful to you in your work.

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Watch an interview with an expert who certifies electronic correspondence

WITH best wishes,
Lawyer Mugin Alexander S.

This is not the first time I turn to your resource on topical issues, and I always find practical “grain”, without “water”. Thank you very much.

Thanks for the article!
Just in practice, he “broke” the notary’s protocol, which was drawn up at the time of the proceedings in the arbitration court.
Regarding the inspection of correspondence in court. I think the judges should inspect. But the other side must already provide evidence to substantiate its objections.
By the way, regarding the correspondence. If the correspondence was conducted through mailboxes, then as part of the pre-investigation check, police officers can send inquiries about what IP was used to access the mailbox and who owned this IP at the time of access. As an option for further proof in court.

I had a court decision where the main evidence of the fact - a significant violation of the deadlines for completing work - was correspondence on Skype, the court terminated the contract for the provision of services and ordered the contractor to return the money, based precisely on the electronic correspondence of the representatives of the parties... the only caveat is that at the court hearing the contractor’s representative did not deny that this correspondence took place

Good afternoon, Natalya!
This once again confirms that you should not neglect such evidence as correspondence by e-mail, including via Skype.

Best wishes,
Lawyer Mugin Alexander S.

Alexander,

The question is not related to e-mail, but to a certain software package of the Customer, which is mandatory for the preparation of work completion certificates. Access to the PC is via the web. How can it be included as evidence in court?

Good afternoon

To be honest, I didn’t quite understand the question. Is it possible " software package»How can I copy or print it onto a physical medium? If yes, then include it, documenting it with the appropriate protocol.

Best wishes,
Lawyer Mugin Alexander S.

Good afternoon
I would ask you to comment on the situation when a party to the dispute wants to exclude from the contract the clause on the transfer of legally significant information. But we'll talk not about Arbitration, but about a dispute between the bank and the bank's client (me).
The bank blocked my accounts with reference to 115-FZ, and notified me by email (the message ended up in spam and I became familiar with its contents later at the branch after I was faced with the blocking of my account). In the account banking agreement (accession agreement, published on the website for all bank clients) there is a clause:
please send me by the specified address documents (we are talking about email)…. I have the technical and other capabilities to receive and familiarize myself with documents....; The bank is not responsible for losses... if documents and other information are not received by me

As a rule, a service providing electronic postal addresses- third parties. Is it possible to challenge, say, the clause “I have the technical and other capabilities to receive and familiarize myself with documents” in Rospotrebnadzor (as I understand, this supervisory authority can administratively force the bank to remove illegal clauses of the contract), since I, as a client of the postal service, do not control technical capabilities and in my opinion this point is controversial when it comes to individuals- numerous bank clients. And later, when going to court about the illegal blocking actions of the bank, ask Rospotrebnadzor to participate in the court as a third party (as they usually write: in the interests of an unlimited number of persons) - of course, if the complaint to Rospotrebnadzor is considered positively.

Good afternoon
Of course, you can challenge either a separate clause or the entire contract as a whole. But it is not possible to assess the prospect without studying the documents. Besides, to be honest, I don’t understand what your problem is considering how you are going to solve it.

Best wishes,
Lawyer Mugin Alexander S.
- In short: The application (acceptance) for joining the banking service agreement (sorry, I misled you - the above clause is not an agreement, but an excerpt from this statement) contains the above-mentioned clause.
  
  I recently emailed. I received an email request for information with a link to 115-FZ, the letter went to spam and I did not respond to it because I did not see it. I have an impressive amount of money stuck in my accounts - everything has been settled by now, but in the future I would like to protect myself from such surprises. At the same time, a representative of the bank (financial monitoring), in response to my objections about the suspension of operations, suggested that I had been notified by email. Now I'm wondering how legit similar inclusions in the contract. In addition, if the situation had turned out differently, and I had to defend my interests in court, could I ask the judge to consider this clause insignificant, violating my rights - in present moment I'm busy thinking about how to justify this.

Good afternoon, I have this situation. The ex-husband is a citizen of Kazakhstan, works in Russia, provided the bailiff (in Kazakhstan) with a certificate of salary of 8,400 rubles, of which he pays me alimony in the amount of 2,100 rubles (25%). The child is also a citizen of Kazakhstan, but lives under a temporary residence permit in Russia with me, my ex-husband sends alimony to my card. Can I file a lawsuit for payment of alimony in a fixed amount and in which country will I need to file the application, because: 1) he receives salary in rubles and not in tenge, 2) he worsened the child’s life (before when he worked in Kazakhstan, alimony was 6,000 rubles). And will his correspondence on social media serve as evidence for the bailiff? networks with friends? I have a password for his mailbox, where he corresponds with friends. Where he discusses his every month wages in the amount of 32,000 + travel allowance in the amount of 5,000 rubles. Please tell me what to do. Thank you.

Good afternoon
Submit statement of claim You can pay alimony in a fixed amount at your place of residence.
As for the evidence for the bailiff, I don’t understand why you decided to prove something to the bailiff.
It is not possible to suggest anything specific as part of an answer to your comment - there are few introductory ones.

Best wishes,
Lawyer Mugin Alexander S.

That’s for sure: in war it’s like in war. Electronic correspondence is introduced everywhere in government bodies to receive citizens' requests. If anyone takes advantage of this offer and sends an appeal to an email box, then immediately on the second or third day request confirmation of registration of the appeal. I now have such a situation that I did not ask for confirmation and now I have tried to appeal against illegal inaction. The authority plays a fool and denies receipt, although the appeal was sent properly and there is confirmation that another addressee, to whom a copy was sent by the same letter, received the appeal. The court examined the scan of the mail at the hearing, identified the addressees, etc., did not ask questions about unreliability and refused to examine the mailbox at the court hearing, and later, after the end of the hearing, stated in its decision that the scan was not clear to the court and could not serve as evidence .

Thanks a lot for this article! There doesn’t seem to be any specifics, but the thoughts are presented and presented with dignity, i.e. there is something to think about.
Thanks again!

Good afternoon
I don’t even know whether to be happy or not about such gratitude (I’m talking about “no specifics”), but thank you anyway.
It reminded me of a joke when people were flying in a hot air balloon and got lost, they asked the man below where they were, to which he replied that they were in a hot air balloon. The travelers, in turn, immediately realized that they were talking to a lawyer, since his answer was correct, but useless.

Best wishes,
Lawyer Mugin Alexander S.

Hello.
I worked in an organization where all employees worked for remote access, i.e. in different cities. The only way Communication with management is via email. By mail, managers sent us instructions, orders, signed memos, etc. Naturally in employment contract We don’t have it registered, communication is by email, but the place of work is indicated, this is the home address.
Question:
1 How can I prove in court that email was the only means of communication with all employees.
2 What can be provided in court as evidence from other employees, because they live in other cities.

Good afternoon
I apologize for the delay in response.
It seems that it is not advisable for you to establish in court the fact that communication with all employees was carried out exclusively through e-mail. I can't imagine how this could help you.
Regarding the second question, I also find it difficult to answer, since the subject of the dispute is not clear enough to recommend you anything specific.

Best wishes,
Lawyer Mugin Alexander S.

Good afternoon The situation is this: there was an oral agreement with the contractor (we are both individual entrepreneurs). The conditions for it were discussed in ice. Now there is a dispute and he intends to attach a scan from this correspondence to the case in his favor. What are my chances of challenging this correspondence? Will he be able to prove that it was me who conducted this correspondence, and not someone else from my computer or from my account?

Good afternoon
You didn't pose the question quite correctly. There are chances to challenge, but I won’t tell you which ones, there are no clear criteria. Whether he can or cannot prove it, I also cannot answer you, it all depends on how he will do it and how the court will evaluate the evidence.

Best wishes,
Lawyer Mugin Alexander S.

Fundamentals of the legislation of the Russian Federation on notaries Chapter XX. Providing evidence Article 102 part 2 has become invalid. Does this mean that a notary can certify electronic correspondence even after the hearing of the case in court has begun?
Thank you.

- Alexander, thanks for the answer. What legal force does notarized correspondence in the form of screenshots of pages have? In particular: can this be evidence in court in this case, and how can the contents of an attachment in a letter be certified in this case? Thanks in advance.

Good afternoon. Tell me, please, are there any chances of winning in court? This is the situation.
I'm with you bank card I transferred money to another person’s card.
A man abroad. He was supposed to buy me something and send it to me.
But he did not fulfill his obligation. Spent my money. Now he feeds me breakfast and promises to return it.
All our correspondence was conducted on Skype. There is a card number with his name, his letters stating that he spent my money.
From the real evidence, I can take a bank statement about the transfer of money.
What do you say? No prospect of going to court?

Good afternoon
With your “introductory” information, it is much more difficult to make the court refuse to satisfy your claims. Of course, you have every chance of getting a decision to recover funds.
The only question is the jurisdiction of the dispute. If your “villain” has never lived on the territory of the Russian Federation and does not have any property here, then you will have to file a claim at the defendant’s place of residence abroad, according to the rules established by the legislation of the relevant state.

Best wishes,
Mugin Alexander S.

Hello. If it’s not difficult, please answer this question.
I want to sue the bank.
Huge interest and fines were charged, although there were notifications about my serious problems with health (via email). I want to provide correspondence in court. Do I need to have it certified by a notary, given that it seems unlikely to me that the bank will deny the fact of receiving these letters. Is it enough to simply print this correspondence with all the information from the browser (with dates, addresses...)?
Thank you!

Good afternoon
The question here is that since the evidence does not have a pre-established force for the court, it is difficult to determine how the court will evaluate this or that evidence (certified by a notary or not), so it is always better to be “too safe than not.”

Best wishes,
Lawyer Mugin Alexander S.

Hello. We have such a difficult situation. My son borrowed money from his wife’s brother, against receipt. He returned the main amount. After the divorce, this brother filed a lawsuit. with a demand to repay the entire debt, since allegedly he had not been repaid at all. My son still has correspondence with social networks, Where we're talking about that my son was paying off his debt. And how much is left? Most of My son repaid the debt in cash against a receipt. , and transferred the rest to the card of his brother and wife, since they were in another city. Question: Can email correspondence be certified as evidence?

Good afternoon
If you are only interested in this question, then yes, email correspondence can be certified as evidence, and this is exactly what the article is about.

Best wishes,
Lawyer Mugin Alexander S.

Hello!
I purchased a router in March 2015 from an online store (1 year warranty).
After the purchase, it turned out that the product was inoperative and could not be set up.
Since October 2015, I have been in email correspondence with employees of an online store who take a contradictory position: they offer to come for a refund, I come, the employees refuse to accept the goods, I report this in correspondence, the employees change their point of view and begin to demand conclusions from the SC, ignoring my references to Art. 18 of the law on ZPP.
After contacting Rospotrebnadzor, I received a letter saying that the store was ready to accept the goods, you just need to drive up.
Please tell me, can my email be considered a claim when going to court? Can I collect a penalty starting from the date of the letter? Can I receive compensation for moral damages? Have you had to come to the store several times and leave with nothing?

Good afternoon
Without knowing the contents of your letter, I cannot say whether it will be considered a claim, because it is the court that evaluates the evidence. The penalty is accrued from the date of expiration of the deadline for fulfilling the consumer’s legal requirement. Since it was not clear whether the requirement was, I cannot answer this question either. Regarding moral damage, I can only say that you can definitely demand compensation for it. But whether you will be able to receive it and whether it will be recovered from the seller, I will not say without familiarizing yourself with all the materials of the case, I am afraid to give unreasonable hope.
My colleagues from ADN Legal deal with consumer protection issues, try contacting him.

Best wishes,
Lawyer Mugin Alexander S.

Hello! She presented email correspondence to the court as evidence. The judge said it was important evidence, but it had to be certified by a notary. How to convince the court that the assurance electronic document is not the exclusive prerogative of a notary?

Good afternoon
Your question is too abstract, I believe that an answer like “you need to be very convincing, provide legal norms and examples of judicial practice to support your position” will not suit you. Although in fact it is necessary to paint the judge such a picture of the world so that he has no doubts about the optionality of notarization of correspondence, and this is sometimes simply impossible.

Best wishes,
Lawyer Mugin Alexander S.

Hello, Alexander! As part of a labor dispute, to confirm the fact (there is no other evidence) of fulfillment of labor duties, denied by the employer, I would like to attach to the claim a copy of electronic correspondence with the company’s counterparties on economic and financial issues. company activities. The correspondence was carried out from my corporate email address, opened for free on Yandex. Does it need to be notarized for this purpose? The fact is that all correspondence for the period worked amounted to more than 700 letters, incl. with attachments. Is it possible to petition the court to request this correspondence from Yandex in order to avoid notarization? Should the petition be included in the claim or submitted as a separate document?
I would be very grateful for your answer.

Good afternoon
Whether it’s necessary or not, it’s better to be “over-safe than under-safe,” as they say. Moreover, if correspondence is your only evidence, then I would generally wait to go to court. It is also advisable to apply for evidence by attaching documents confirming that you have exhausted the possibilities of obtaining evidence yourself, for example, you made a request and were refused or ignored. Otherwise, the court will most likely refuse you.

Best wishes,
Lawyer Mugin Alexander S.
- Hello, if I provide the court with correspondence for consideration as evidence of the dishonesty of a former employer who does not give me documents, and he denies his involvement in the correspondence, can he file a counterclaim for libel/damage to business reputation/moral damage and etc. ?
  - Good afternoon
    Your defendant can file anything at all, the question is whether the court will accept it. I very much doubt that the court will accept such counterclaims, just as I doubt the prospects for satisfying such claims.
    
    Best wishes,
    Lawyer Mugin Alexander S.
    
    Best wishes,
    Lawyer Mugin Alexander S.

A week later (after the fact after all the copying work I did) by email. I receive an agreement in the mail with the terms of use of the images. The conditions do not suit me (the museum has the exclusive copyright, severely limited use of any parts, huge fines, the obligation to ensure the safety of copies from third parties, etc.), and I, of course, refuse to sign it. Moreover, according to the contract, the images had to be scanned by the museum, not me, photocopied with an amateur camera. There are also several other discrepancies in the agreement. For example, the number of photographically copied sheets is simply described, without describing the text on them, numbers and previews, incl. this applies to photographs.

I'm by email. mail invited the person (the head of the archive with whom he corresponded) to draw up an agreement on mutual destruction of copies or licensing of images by the Museum for free non-commercial use. use, asked for the address of the museum's lawyer. He proposed draft agreements, theses that would suit me, and asked me to show them to the museum’s lawyer. But the manager the archive clearly realized her mistake (that she did not warn me about the rules and the agreement in advance), and now she wants to hush up the matter, and does not want to change the agreement or officially destroy copies. However, it does not provide any written guarantees. In a lengthy email correspondence from the museum’s address, she offers not to sign the contract, refuses unfounded claims, and only asked to indicate copyrights. Says what happened fatal error employee that she had no right to allow me to work without drawing up a contract. But I have no complaints. At the bottom of the letter is her first and last name, position. The name of the post contains the name of the museum. But in essence, this is a piece of paper from a legal point of view.

Everything is complicated by the fact that from the moment the work is completed in the archive (there is an entry in the visit log) until the terms of the contract are received by email. mail for signature (3-4 days passed), from my email address. The copies I made were provided to some people. I am confident in their integrity, but one cannot be completely sure of anything. From the moment you receive a copy of the contract by email. mail I destroyed all copies on electronic media on the Internet, sent by email. mail notifications to recipients with a request not to publish photocopies and indicate copyright. But I cannot be sure about the use of data by third parties. At the same time, the manager tells me that you can use the data, just put a copyright.

Does it make sense to certify this email? correspondence for the future, as well as messages about copyright to third parties (my addressees), or not? And the second question, if possible -

if the museum warned me about the rules of the archive, its exceptional author. rights to exhibits, and terms of the contract exclusively by email. mail, moreover, very late in the production of photocopies of the exhibits by me, and the head of the archive in electronic correspondence refuses to destroy the photocopies and change the contract, suggests forgetting about it, in the event of theoretical claims against me from the museum for the actions of third parties and the museum proves the fact of transfer copies of images from my email. mail to third parties (in violation of the terms of the contract, which I did not sign) before the day I received the contract for signature, can I refer to the fact that I was not familiarized with the terms of the contract and author. the rights of the museum as a release from liability to the museum? In the sense that, being in the dark, I could believe that the author. the rights belong exclusively to the persons who published the manuscript (exhibit), and the exhibit is in the museum as a copy, and having received the contract, I took all actions in my power to correct the situation within my capabilities.

However, in any case, I did not intend and do not intend to use these photocopies for commercial purposes; they were needed only for historical research with publication in non-comm. electronic media in compliance with copyright.

Or should we contact the director of the museum and formally demand an agreement on mutual destruction of copies? But what then to do with those copies that, under the conditions described above, were sent to third parties, if they suddenly do not delete them, but distribute them? Maybe it’s better to keep all this quiet really... I don’t understand whether the museum in the future, if the fact of non-contractual use of copies by third parties is discovered, can make claims against me because of this (despite the fact that I did not know about the rules and publishing rights of the museum when making fair copying), or only the authors? Of all the documents confirming our relationship - a statement about familiarization with the exhibit, a signature in the visit log and a copy of the unwritten agreement by email from the director. mail, + correspondence with the head of the archive. Of the witnesses - 1-2 people who saw me at work and were present at telephone conversation the manager, when at the end of the first day she “remembered” about the contract.

I don’t have any money for lawyers and never will, I’m disabled, seriously ill, etc. I think a little about the future myself.

Good afternoon
Based on your input, I wouldn’t worry, to be honest, since it’s obvious that you didn’t cause any harm to anyone.

Best wishes,
Lawyer Mugin Alexander S.

Good afternoon
Tell me what to do in the following situation: there was a gray salary. Upon dismissal, it was promised that the debt on the envelope portion would be paid.
As a result, the only evidence correspondence email and skype, in which there are amounts, promises and “come for part of the debt” and so on. On the company side, correspondence from work emails.
Is it possible to achieve anything based on this?
Thank you

Good afternoon Please tell me what to do in this situation: a person I know asked for money to develop a business (we live in different cities, regions of the Russian Federation), I took out a consumer loan from a bank and sent him funds to his card, he verbally agreed with the condition that he will return the funds in accordance with the loan agreement. (i.e. He sent me the amount of the monthly payment on the card), paid for a year and a half (loan term is 5 years), then payments on his part ended, he says that there is no way to pay anymore, and he refused the debt. There is no receipt, there is only the testimony of his wife, a paper confirming the transfer of funds to his card and correspondence on Viber. What do you recommend? Is it possible to have any leverage to force a person to continue paying me? There is also another person who took the same demand as I did. a loan to develop his business, and he also stopped paying him, but the only difference between our situations is that he has a receipt, and I don’t.

Best wishes,
Lawyer Mugin Alexander S.

Hello! Please tell me, here is one person who has spread numerous information about me and my company that represents me and the company not in better light that I don’t pay people, I didn’t pay him money for the work, in the form of mailings different people(I went to the client’s website using an admin account and did mailing list). Then, corresponding with this person by e-mail, he admitted that it was him and said that he allegedly conveyed the truth to people. This is a former employee of my company. As a result, I have electronic correspondence with him, all the data on him (passport, contracts), also an agreement on non-disclosure of confidential information.
Can I go to court and jail him?

Good afternoon
I answer: you can go to court, but you can go to jail - only if you don’t go to prison!
Actually, what a question, such is the answer.

Best wishes,
Lawyer Mugin Alexander S.

Hello! My situation is this: I found new job, passed the interview, they promised me that they would hire me to replace an employee who was going on maternity leave, because... There were 4 months left before the maternity leave, and the employee in the office should work only one 5/2, I was told that until the maternity leave we would work 2/2, but we would lose a little in salary. I agreed, worked for 2 weeks old job, went to training (2 weeks) and then it turns out that the employee refused to work according to this schedule, said that she would complain to the labor inspectorate that her rights were being violated, etc. I was offered to work as a substitute employee only on weekends with a salary of 0.25% tariff rate. There’s nothing to be done, I had to agree with the hope that when she goes on maternity leave, everything will work out. And now, a month and a half before her maternity leave, the following happens: the fact is that my boss and I have a 4-hour time difference, and sometimes they send official messages when we are already at home, that same employee told me to connect email to my mobile phone and always see what the bosses are sending, that is, she didn’t say that I should do it, but said that she did it. I thought that this might also be useful for me and I connected it for myself too. One late evening I saw such messages that the hair on my head began to stand up. Regional Director, Deputy, Security Council i.e. copies were sent to everyone, where the director responded to the report (the content was deleted, it was clear that this was a response

It would seem, why notarize letters? Do we really distrust our loved ones so much that we have to record all their words not only in our own heads, but also with a notary? Unfortunately, the reality is harsh. Business partners, friends and even relatives can sometimes do unpredictable things, including in personal correspondence. If you want to protect your rights and give a simple letter legal force, then contact a notary. He will be able to certify the authenticity of the sender’s signature, so in the future this item can be considered not only as a memorable souvenir, but also as evidence in a trial.

Frequently asked questions

Does the notary testify to the authenticity of the facts stated in the text of the letter?

No, the notary only certifies the authenticity of the signature under this letter. He cannot testify to the authenticity of the facts stated in the text, since the law does not give him such a right.

Can email correspondence be notarized?

Yes, you can. Modern technologies today they go hand in hand with the law, helping to maintain order. If necessary, information from emails can be used to protect your own interests in court. To certify such a letter, the notary conducts an inspection, during which he fills out a protocol - enters information about the date, place and time of the inspection, the persons participating in it, and the circumstances discovered during the inspection. Then the correspondence is printed out and filed with the protocol, after which it is subject to notarization.

If you want to get an appointment with the notary Yuldasheva T.V., find out the cost of certain notarial actions or consult on the issue of opening an inheritance, call one of the contact numbers.

Certification of electronic correspondence (email correspondence, correspondence in WhatsAp, Viber, Telegram messengers or SMS correspondence) is a relevant and in demand service today. Currently, correspondence is evidence in court if it is certified correctly - in accordance with all the rules and regulations for working with electronic documents.

If you have a case where you were deceived, let down, or did not fulfill your obligations, you can safely certify your electronic correspondence and go to court. You are guaranteed 100% success of the case, but first you need to make the right assurance - namely, that it be carried out by a certified expert who has the right to do this activity, and if his support is required, he will be present in court.

Our team employs only certified experts who have specialized higher education with the right to certify electronic correspondence and represent your interests in court. Each of our assurances is accepted by courts of general jurisdiction and arbitration courts RF. If you need notarization of electronic correspondence, we have a notary in our team and we are ready to provide you with notarization of electronic correspondence.

Get a free consultation from an independent expert right now!

Send a request for an individual analysis of your case - we will help you return the money or replace the product with another one.

Correspondence via email is widely popular in many areas of human activity and is sometimes used to resolve very important and controversial issues.

In this case, a similar method electronic communication could be an excellent evidence base in court during proceedings, but how to properly notarize email correspondence? yandex mail/ gmail /google/ mail.ru / Microsoft outlook so that it can actually be used in the process and have legal force?

Notarization of email correspondence

Our company offers the services of professional experts in the field of notarization of email correspondence, while the price of services is relatively low and will be affordable for all clients. We guarantee high quality services, thereby providing you with reliable evidence that will help win the case in your favor.

To properly notarize electronic correspondence, you must perform the following procedures:

Next, the expert enters postal service to the applicant’s personal account with his personal data reflecting confidential information in the protocol document.
The expert downloads the letters submitted by the applicant and analyzes their content.
Electronic correspondence is printed on A4 sheets indicating the exact time of sending.
The same is done with attached files to letters; if they cannot be printed, then they are recorded on electronic media.
The final stage is to indicate in the protocol information about the software used.