What is the legal and technical difference between a copy and an original electronic document?
According to parts 1-2 of Article 7 of the Law, the original electronic document is an electronic copy of the document with mandatory details, including an electronic signature of the author or a signature equivalent to a handwritten signature in accordance with the Law of Ukraine "On Electronic Trust Services". In the case of sending an electronic document to several recipients or storing it on several electronic media, each of the electronic copies is considered the original electronic document.
If the author creates an electronic document and a paper document identical in documentary information and details, each of the documents is an original and has the same legal force.
That is, in its meaning, the concept of "copy of an electronic document" will always be leveled by the fact that copies of the same electronic document will always be identical to the original. What exactly can be summarized from the provisions of this article.
The original electronic document must make it possible to prove its integrity and authenticity in the manner prescribed by law; in cases specified by law may be presented in a visual form, including a paper copy. An electronic copy of an electronic document is certified in the manner prescribed by law.
A copy of a document on paper for an electronic document is a visual presentation of an electronic document on paper, which is certified in the manner prescribed by law (part 6 of Article 7 of the Law).
In accordance with paragraphs 2, 4 of section I of the Standard Instruction, the documentation of management information in institutions is carried out in electronic form, except in cases where there are reasonable grounds for documenting management information in paper form, which recognize:
• documents containing restricted access, the protection of which is required by law;
• electronic documents that cannot be used as an original in accordance with the requirements of the law;
• documents, the requirement for processing of which in paper form is established by acts of the Cabinet of Ministers of Ukraine.
Electronic documents signed (agreed) with the use of a qualified electronic signature or certified by a qualified electronic seal, to require the reproduction of a visual signature or imprint of the seal, regardless of the peculiarities of the documents.