LEGAL STATUS OF ELECTRONIC SIGNATURES AND DOCUMENTS: PRACTICE IN CIVIL LAW

Аннотация

Within the framework of this article, the author has covered the concept of electronic signature and its types and aspects different from electronic digital signature. The article also analyzes the favorable and problematic aspects of electronic signature and the legal status of documents signed electronically in Uzbekistan. Within the framework of the topic, proposals and conclusions are presented. Keywords:Electronic signature, electronic digital signature, electronic document, electronic operations, technical infrastructure. The 21st century is rightfully called the age of technology. Throughout this century, information technologies have been continuously advancing. Examples of this include the development of artificial intelligence, the transition of public services to electronic formats, AI, robotics, and others. The shift of documents to electronic formats, in turn, necessitated the transition of signatures to electronic forms as well. As a result, the concept of the electronic signature emerged. The use of signatures has been a crucial part of human history, serving various purposes such as business operations, financial management, education, and daily activities. However, with the emergence of advanced technologies and new platforms, digital signatures have revolutionized traditional paper-based processes. Currently, electronic signatures are essential for business operations and daily activities due to their convenience and security. An electronic signature is an electronic indication of a person's intent to agree to the content of a document or data set related to the signature. Similar to a handwritten signature in the offline world, an electronic signature is a legal concept that reflects the signer's intent to agree to the terms of the signed document. The electronic signature consists of data that is logically linked with other information and is used by the signer to sign the relevant data. This type of signature, if created in accordance with specific regulatory requirements (e.g., eIDAS in the European Union, NIST-DSS in the United States, or ZertES in Switzerland), has the same legal force as a handwritten signature. The misconception that digital signatures are a completely new concept is widespread. The reality is that digital signatures have existed for decades, but only in recent years have they become more widely adopted. The first electronic signature was created in the West. Following this, the United States was one of the pioneers in this field, establishing page1249 INTERNATIONAL JOURNAL OF ARTIFICIAL INTELLIGENCE ISSN:2692-5206,ImpactFactor:12,23 AmericanAcademicpublishers,volume05,issue03,2025 Journal: https://www.academicpublishers.org/journals/index.php/ijai standards for electronic signatures with the "Electronic Signatures in Global and National CommerceAct" (ESIGN Act) in 1999. Thedifference betweenan electronic signature andan electronicdigitalsignature. In many cases, people tend to think of an electronic signature and a digital signature as the same concept. However, they are distinct terms. An electronic signature is simply the electronic form of a traditional signature, but it does not involve any encryption or standards. It can be a symbol, image, or process attached to a message or document to recognize the individual and express consent. We use an electronic signature when we only need to confirm a document. The verification of an electronic signature is not carried out by trusted certification bodies or service providers, and therefore, it is usually not considered reliable. Using an electronic signature is much easier than using a digital signature, but it is less secure than a digital signature. “Electronic signature” means data in electronic form in, affixed to or logically associated with, a data message, which may be used to identify the signatory in relation to the data message and to indicate the signatory’s approval of the information contained in the data message.1 Electronic signatures may not belegally recognized in all countries. Image1: difference of electronic digital signature and electronic signature. An electronic digital signature is a signature created through specific alterations made to the information of an electronic document using the private key of the electronic digital signature, and it allows for the verification of the integrity of the information in the document using the public key of the electronic digital signature, as well as the identification of the holder of the 1UNCITRALModelLawonElectronicSignatureswithGuidetoEnactmentUNITEDNATIONSNewYork,2002 page1250 INTERNATIONAL JOURNAL OF ARTIFICIAL INTELLIGENCE ISSN:2692-5206,ImpactFactor:12,23 AmericanAcademicpublishers,volume05,issue03,2025 Journal: https://www.academicpublishers.org/journals/index.php/ijai electronic digital signature key.2 When it is necessary to protect a document, we use a digital signature. The verification of an electronic digital signature is carried out by tr