The customer and the partner have the right to use facsimile reproduction of the signature in case of the conclusion of agreements and contracts

According to p.1 Art. 2 of the Law N 223-FL, p.1 Art. 2 of the Law N 44-FL when purchasing customers are guided including provisions of the Civil Code of the Russian Federation.

According to item 2 of Art. 160 of the Civil Code of the Russian Federation use in case of transactions of facsimile reproduction of the signature by mechanical or other copying, the digital signature or other analog of the sign manual is allowed in cases and as it should be, provided by the law, other legal acts or the agreement of the parties.

As representatives of department specify, the legislation of the Russian Federation on purchases of goods, works, services as separate types of legal entities and on contractual system in the sphere of purchases of goods, works, services for ensuring the state and municipal needs didn't provide use order in case of transactions of facsimile reproduction of the signature.

Therefore specialists of the Ministry of Economic Development of the Russian Federation draw a conclusion that the customer and the procurement participant have the right to use facsimile reproduction of the signature in case of the conclusion of agreements according to the Law N 223-FL and contracts according to the Law N 44-FL if between agreement parties (contract) the relevant agreement is signed.

Also in the letter it is noted that according to the Law N 223-FL an order of preparation and holding procedures of purchases (including methods of procurement) and conditions of their application are established by customers independently by acceptance of a regulations on purchase. Respectively, the customer having the right in case of the conclusion of the agreement according to the Law N 223-FL to use facsimile reproduction of the signature, including if it is provided by regulations on purchase.

Document: Letter of the Ministry of Economic Development of the Russian Federation of 02.09.2016 N D28i-2252