Legal regulation of electronic passports in the Russian Federation

Kosareva Elena Aleksandrovna Postgraduate student of the Moscow University of the Ministry of Internal Affairs of Russian Federation named after V.Y. Kikotya 117997, Russia, Moscow region, Moscow, Akademika Volgina str., 12 kuzmina_ea@inbox.ru

The passport of a citizen of the Russian Federation (hereinafter referred to as the passport) is an official document certifying the identity of a citizen of Russia on the territory of the Russian Federation. It contains information about a citizen, including his first name, last name, date of birth, place of birth, as well as information about registration and registration. It is one of the main documents necessary to confirm the identity and exercise civil rights and obligations. It is required to receive various services and privileges, including visiting other countries, opening bank accounts, obtaining rights and voting in elections.

In accordance with the requirements of the Regulations on the Passport of a Citizen of the Russian Federation, the sample form and description of the passport of a citizen of the Russian Federation, approved by Decree of the Government of the Russian Federation No. 828 of July 8, 1997 (hereinafter referred to as the Passport Regulation), it is mandatory for all citizens of the Russian Federation over the age of 14 to have a valid passport.

Currently, the provisions governing the establishment of a document certifying the citizenship of the Russian Federation have been introduced into the new Federal Law No. 138-FZ dated April 28, 2023 "On Citizenship of the Russian Federation" (hereinafter - the Law on Citizenship).  For the provision of public services for the issuance (replacement) of a passport of a citizen of the Russian Federation, the following norms are fixed:

-              In connection with the entry into force of the new Law On Citizenship, certain conditions for invalidation of the passport are fixed: expiration or 90 days after the change of the identification data by the applicant (passport holder); unsuitability due to violation of the protective elements of the passport form, worn out or missing page (part of the page); termination by the passport holder of Russian citizenship;

-              Direct prohibitions have been introduced on issuing a new passport without recognizing a previously issued one as lost (stolen); on issuing a new passport instead of a previously issued one without withdrawal (excluding loss and theft); on withdrawing a passport from the owner (excluding cases provided for by the legislation of the Russian Federation);

-              For the first time, several forms of the passport form are being introduced at the legislative level: paper and electronic.

The first two points are duplications of the norms specified in the Regulations on the Passport and departmental orders regulating the procedure and procedure for the provision of relevant public services. A new article has been introduced in order to minimize cases of violations of the provision of public services for the issuance (replacement) of a passport of a citizen of the Russian Federation, as well as to bring it into line with updated database data of the state information system of migration registration.

The introduction of several passport formats at the legislative level is a legal novelty.  Currently, two forms of passport can be distinguished:

-       A hard copy passport – a passport form;

- Electronic digital passport.

An electronic passport in Russia is a digital version of a regular passport that contains information about a Russian citizen. It provides the same rights and functions as a paper passport, but can be used electronically for identification and authorization.

It should be emphasized that the introduction and use of electronic digital passports in Russian legal science has been studied too little, since the introduction of electronic passports is currently at the primary stage. This determines the relevance of this study. At the same time, the degree of scientific development is very low. This study analyzes the works of modern scientists who have contributed to the development of electronic passports in Russia, as well as foreign authors.

Electronic passports in Russia are regulated by the following legal acts:

1.                 Federal Law No. 138-FZ of April 28, 2023 "On Citizenship of the Russian Federation" introduces for the first time various forms of passports;

2.                 Federal Law No. 152-FZ of July 27, 2006 "On Personal Data" defines the legal basis for processing personal data, including data contained in electronic passports.

3.                 Decree of the President of the Russian Federation No. 695 dated September 18, 2023 "On the presentation of information contained in identity documents of a citizen of the Russian Federation using information technology" - establishes general principles and rules for the use of electronic documents, including electronic passports.

4.                 Decree of the Government of the Russian Federation No. 813 dated August 6, 2015 "On Approval of the Regulations on the State System of Migration and Registration Records, as well as the Production, Registration and control of the circulation of identity documents" - establishes the rules for the use of electronic foreign passports and electronic migration cards;

5.                 Decree of the Government of the Russian Federation No. 828 dated July 8, 1997 "On Approval of the Regulations on the Passport of a Citizen of the Russian Federation, a sample form and a description of a passport of a citizen of the Russian Federation" defines the general requirements for passports and passport forms.

Based on the foreign experience of using electronic passports in the CIS countries, the following main advantages of an electronic passport can be distinguished:

-              Convenience: the electronic passport is always available on devices with an Internet connection, which simplifies its use in various situations.

- Security: Digital signature and data encryption provide a high level of protection of personal information.

- Functionality: The electronic passport can be used for authorization on various web services, electronic government services and other online platforms.

It is important to note that an electronic passport is an addition to a paper passport and does not completely replace it at present. The legislator obliges a citizen to have an ordinary passport when moving abroad (a foreign passport containing an electronic data carrier), and in other cases when physical presentation of the document is required.

The genesis of electronic passports is not a novel for world history. Foreign experience in using electronic passports in countries such as Kazakhstan, Moldova, Pakistan, Turkmenistan, Uzbekistan, etc. It speaks about the success of the state turnover of biometric electronic passports.

Passports and other identity documents are currently being improved using the latest technological advances. Various national and international organizations are developing approaches to the use of biometric information in machine-readable form. In particular, the International Civil Aviation Organization (ICAO) has adopted standards according to which biometric identifiers can be stored in passports ^[6]. The countries participating in the Visa Waiver Program (VWP) began issuing electronic passports in 2006. The ICAO New Technologies Working Group (NTWG) considers biometric comparisons as a more reliable way to verify the authenticity of documents, both by comparing printed data with electronic data, and by comparing stored biometric data with samples obtained from a person trying to use a passport ^[6].

The issue of introducing electronic digital passports into the Russian state system is currently very acute. This is primarily due to the fact that all government and state information systems, including databases, are currently striving to improve the accuracy and security when using and processing personal data of citizens.

In relation to the Russian Federation, the discussion on the introduction and use of electronic passports has been going on for a long time. Since September 19, 2013, the decree of the Government of the Russian Federation No. 1699-r "On approval of the concept of introducing in the Russian Federation an identity card of a citizen of the Russian Federation, issued in the form of a plastic card with an electronic data carrier, as the main document certifying the identity of a citizen of the Russian Federation on the territory of the Russian Federation" has been in force.  In the period from 2013 to 2017, the introduction of a pilot project of a universal electronic card (UEC) was undertaken. However, in 2017, the project was closed due to insufficient funding, as well as the lack of the necessary appropriate response from the public due to distrust of electronic passports.

In 2020, the All-Russian Center for the Study of Public Opinion (hereinafter - VTSIOM) conducted a study on the attitude of Russian citizens to electronic passports, which were planned to be introduced by a pilot project. Thus, according to the data provided by VTSIOM, 16% of Russians would like to issue an electronic passport. More often — young people aged 18-24 (30%), men (21%), as well as residents of large cities: capitals (26%) and millionaires (20%).

Thus, it is worth noting that the level of trust in electronic media of personal data on the part of citizens is quite low, this is primarily due to the fact that electronic documents are a novelty for Russian realities.

The following possible problems of using electronic passports in the Russian Federation should be cited:

1. Technical problems. In some cases, difficulties arise with the technical support and operation of the electronic passport system. This may include problems accessing online services, incompatibilities with various devices and software, as well as system failures and errors.

- Data security. There is a risk of hacker attacks and leaks of personal data when using electronic passports. Failure to comply with appropriate security measures may lead to unwanted access to personal information of citizens.

-              Lack of awareness and training. Some citizens may have difficulty working with electronic passports due to lack of awareness or skills in using modern technologies. This may complicate identification procedures and restrict access to electronic services.

- Legal issues. The introduction of electronic passports may raise legal issues related to the documentary confirmation of identity, the establishment of the legal status of electronic documents and their recognition in various situations. Some organizations and institutions may not recognize electronic passports as an official document.

- Limited access. Some citizens may have difficulty accessing electronic passports due to the lack of a stable Internet connection or access to necessary technical facilities. This may limit the possibilities of using electronic passports and providing electronic services.

It should be noted that the introduction of electronic passports into the passport system of the Russian Federation will have an impact on all spheres of citizens' lives.  Including the realization of the constitutionally enshrined right to vote and be elected. According to S.I. Trushkina, "the introduction of an electronic passport into the everyday life of citizens could have a positive impact on the development of the electronic voting system in Russia. The built-in chip, in fact an electronic signature, which was successfully implemented in the UEC, will allow each passport holder to receive their own unique number" ^[2]. S.S. Rudometov also speaks about the advantages of an electronic passport in the framework of the electoral process, emphasizing that "The appearance of an electronic passport can also affect the implementation of the concept of electronic democracy in Russia, including in relation to the electoral process. The concept assumes the need to use advanced achievements of science and technology to create and develop new means of communication (feedback) with the population" ^[1].

In general, although electronic passports in Russia have their advantages, there are also some problems that require attention and improvement by the state and technical specialists to ensure the security, accessibility and ease of use of this system.

The ways to solve the problems of electronic passports may be different, depending on the issues faced by the state and the citizen when issuing and using electronic passports.

The government and the developers of the electronic passport system must provide reliable and effective technical support. This includes updating and improving the system, eliminating technical errors and failures, and providing training and guidance to users. Technical support for electronic passports should begin with the effective provision and use of digital technologies and database systems by the territorial divisions of the Ministry of Internal Affairs of the Russian Federation responsible for issuing passports.

However, with regard to electronic passports, questions about data security very often arise. The passport contains confidential information about the citizen, therefore ensuring the security and protection of personal data is an important task. The State and the authorities responsible for issuing passports take measures to protect citizens' data and prevent unauthorized access to them. To protect the personal data of citizens, it is necessary to strengthen the security measures of the electronic passport system. The introduction of modern encryption and data protection methods will help prevent unauthorized access and information leaks. Currently, relevant amendments are required to Federal Law No. 152-FZ dated July 27, 2006 "On Personal Data" in order to regulate the processing, organization of storage, transfer and provision of personal data.

Based on the analysis of the results of the VTSIOM survey on the introduction of electronic passports in the Russian Federation, the issue of trust in them and ease of use by citizens is put at the head of the topic under study. In order to effectively and quickly introduce electronic passports into circulation, the state should conduct educational programs for the population to raise awareness about the possibilities and advantages of electronic passports. Educating citizens on the use of electronic services and improving their skills in working with technology will help eliminate problems associated with lack of awareness. Such training can be presented in different forms, depending on the age of the passport holder or the applicant. One of these types of training may be the issuance of appropriate paper brochures upon receipt of a passport by the applicant. The brochure may include information about the rules for using an electronic passport, the legislation that regulates this type of passport, basic excerpts from legislation on storage and use, as well as services and systems where an electronic passport can be used. For holders of electronic passports who have access and are able to use Internet resources, such information can be posted on the official websites of government authorities. 

Thus, the state should provide access to electronic passports and electronic services for all citizens, including those who do not have a stable Internet connection or access to necessary technical devices. The creation of an infrastructure that ensures the availability of electronic passports will help eliminate restrictions and ensure equal opportunities for all citizens.

The establishment of the legal status of electronic documents is an important issue that requires attention and regulation by the State. It is necessary to develop and improve legislation that will determine the legal force and recognition of electronic documents in various situations. This will ensure the trust and reliability of the use of electronic documents, as well as simplify the processes of record keeping and information exchange.

The State should establish norms and standards for electronic documents, including format, signature and authentication requirements. This will help prevent forgery and unauthorized modification of electronic documents, as well as ensure their integrity and confidentiality.

Moreover, it is important to develop mechanisms and processes for verifying and verifying the authenticity of electronic documents. This may include the use of electronic signatures, certification and auditing of electronic document management systems. Such measures will help to ensure the legal significance of electronic documents and their credibility. In general, the establishment of the legal status of electronic documents is an important step in the development of the digital economy and society. This will improve the efficiency and convenience of office work, reduce bureaucratic barriers and improve access to information.