How to send one email to many recipients at once. Operators will block SIM cards and cut off the Internet for anonymous subscribers Scabrous send me a copy

Telecom operators can block services to subscribers who do not confirm their personal data. Previously, there were no regulations according to which subscribers and operators exchanged requests and documents. Now there are rules that explain everything - they will start working on November 4, 2017.

And although it is now clear from the papers how to confirm identity, in practice this is either difficult or not yet possible.

Why can operators block subscribers?

They have this right under the communications law. This rule worked before: operators could block subscribers whose data in the contract did not match the actual data. There were only no rules according to which operators should request these confirmations, and subscribers should send them.

Officially, the subscriber has 15 days to confirm his data after the request.

What requests are we talking about? Who is interested in the personal data of subscribers?

So far the law deals with requests from operational and law enforcement agencies. For some purpose they make requests to operators. Like, let the subscriber confirm that he is the same Ivan Ivanovich Ivanov for whom the SIM card is issued.

No one knows in advance to whom such a request will be sent and for what reason. This does not mean that the subscriber is a criminal or terrorist. The operator is obliged to respond to such a request, request data from the subscriber and transmit a response.

From June 1, 2018, Roskomnadzor will also be able to send such requests to telecom operators. If the department wants to identify the real owner of a website or the author of a post on a social network, it will do this through the cellular operator.

Why is an agreement not enough?

Even if the contract contains subscriber data, the actual owner of the SIM card may be someone else. The operator will want to know who is actually calling or sending messages from this number.

And if the contract has not been concluded, but the SIM card is active, you will have to inform who is using it. This is possible if you use an anonymous SIM card that you bought from the metro or in a shopping center.

Does this only apply to mobile communications?

No, landline too. They can also disable home phone. Another check concerns the services of Internet providers. If the subscriber does not confirm the personal data in the contract, he will be left without the Internet, email and instant messengers.

How will subscribers receive a request from the operator?

First, the operator himself will receive the request. He has three days to request personal information from you.

Here are the ways you can do this:

by SMS;
through automatic calling;
by email, if the operator has an address;
in your personal account.

The operator will send a request and wait for documents from the subscriber.

How to confirm personal data?

You need to send the operator a copy of your identity document. Moreover, this should be done not as you want, but according to the rules. Otherwise, the answer will not be counted and the connection will be disconnected.

Here's how to verify your identity.

Directly from the operator. Any communication shop will not work. Where you can submit documents, you need to check with the operator. You will need the original and personal presence.

Through Personal Area on the operator's website. The document must be certified with an enhanced qualified electronic signature. This signature still needs to be obtained in advance - it is paid.

Through government services, if you have an account there. It is not yet clear how operators will receive this document. They have not yet been integrated into the overall system and cannot see the documents that subscribers send through government services. Probably this issue will be resolved somehow. Until they decide, the method will not work.

And if you don’t send anything, what will happen then? I don't want to confirm anything.

If a request comes, you will have to confirm your identity. This is the obligation of the subscriber according to the rules in the new edition. And this must be done exactly in the ways described in the rules, and not in any way you like. This is also a responsibility.

The operator's request will indicate the shutdown period. Three days before this date you will be reminded again. Then they will block access to communication services.

My SIM card is registered to a relative. Can I send a copy of his passport in response to the request?

No. The essence of the request is for the subscriber to confirm that the contract is drawn up in the name of the person using the services. He must confirm his identity himself. A copy of the passport of your mother, ex-husband or unknown person from the Internet will not solve the problem. You cannot send someone else’s document to the operator and certify it with your signature.

All data must match: in the contract, documents, personal account, electronic signature. If something does not match, you need to re-issue the contract to the actual owner.

What if I don't receive a request or can't respond on time? You never know if I’m going on vacation or if I don’t have an electronic signature.

There is nothing in the rules about this. Most likely, the operator will wait as long as he can by law. And then he will block the services to avoid problems.

But this doesn’t mean that everyone will be required to confirm their personal data?

Nobody knows from whom, when and why they will demand it. Better prepare.

I have a corporate rate. Can't they transfer my data?

Soon they will be able to. On June 1, 2018, an amendment to the communications law in this regard will come into force. If the subscriber is a legal entity or individual entrepreneur, and the SIM cards are registered to employees, their personal data can be transferred without consent.

What should you do now to respond to your request on time and not be left without communication?

Check who the SIM card is registered to, the agreement with the provider and the home phone number. Get your documents in order.

Follow notifications from the operator so you don't miss a request.

Fraudsters can take advantage of this situation to get a copy of your passport or to deceive you in some other way. Keep track of what requests you respond to and where you send documents.

According to various sources, from 50 to 95% of all emails in the world are spam from cyber fraudsters. The goals of sending such letters are simple: to infect the recipient’s computer with a virus, to steal user passwords, to force a person to transfer money “to charity”, to enter personal data bank card or send scans of documents.

Often spam is annoying at first glance: crooked layout, automatically translated text, forms for entering a password right in the subject line. But there are malicious letters that look decent, subtly play on a person’s emotions and do not raise doubts about their veracity.

The article will talk about 4 types of fraudulent letters that Russians most often fall for.

1. Letters from “government organizations”

Fraudsters can pretend to be the tax office, the Pension Fund, Rospotrebnadzor, the sanitary and epidemiological station and other government organizations. For credibility, watermarks, scans of seals and state symbols are inserted into the letter. Most often, the task of criminals is to scare a person and convince him to open a file with a virus attached.

Usually this is an encryptor or a Windows blocker that disables the computer and requires you to send a paid SMS to resume operation. A malicious file can be disguised as a court order or a summons to appear before the head of the organization.

Fear and curiosity turn off the user's consciousness. Accounting forums describe cases where employees of organizations brought files with viruses to their home computers because they could not open them in the office due to the antivirus.

Sometimes scammers ask you to send documents in response to a letter in order to collect information about the company that will be useful for other deception schemes. Last year, one group of scammers was able to deceive many people using the "request to fax papers" distraction trick.

When an accountant or manager read this, he immediately cursed the tax office, “Those are mammoths sitting there, oh my!” and switched my thoughts from the letter itself to the solution technical problems with shipping.

2. Letters from “banks”

Windows blockers and ransomware can hide in fake letters not only from government organizations, but also from banks. The messages “They took out a loan in your name, please read the lawsuit” can really be scary and make you want to open the file.

A person can also be persuaded to log into a fake personal account, offering to see accrued bonuses or receive a prize that he won in the Sberbank Lottery.

Less often, scammers send invoices for payment of service fees and additional interest on the loan, for 50-200 rubles, which are easier to pay than to understand.

3. Letters from “colleagues”/“partners”

Some people get tens business letters with documents during the working day. With such a load, you can easily fall for the “Re:” tag in the subject of the letter and forget that you have not yet corresponded with this person.

Especially if the poisoner field indicates “Alexander Ivanov”, “Ekaterina Smirnova” or any simple Russian name, which absolutely do not linger in the memory of a person who constantly works with people.

If the goal of scammers is not to collect SMS payments for unlocking Windows, but to cause harm to a specific company, then letters with viruses and phishing links can be sent on behalf of real employees. The list of employees can be collected on social networks or viewed on the company website.

If a person sees a letter in the mailbox from a person from a neighboring department, then he does not take a closer look at it, he may even ignore antivirus warnings and open the file no matter what.

4. Letters from “Google/Yandex/Mail”

Google sometimes sends emails to owners Gmail mailboxes that someone tried to log into your account or that you ran out of space on Google Drive. Fraudsters successfully copy them and force users to enter passwords on fake sites.

Users of Yandex.Mail, Mail.ru and other mail services also receive fake letters from the “service administration”. The standard legends are: “your address has been added to the blacklist”, “your password has expired”, “all emails from your address will be added to the spam folder”, “look at the list of undelivered emails”. As in the previous three points, the main weapons of criminals are fear and curiosity of users.

How to protect yourself?

Install an antivirus on all your devices so that it automatically blocks malicious files. If for some reason you do not want to use it, then check all even slightly suspicious email attachments for virustotal.com

Never enter passwords manually. Use password managers on all devices. They will never offer you password options to enter on fake sites. If for some reason you do not want to use them, then manually enter the URL of the page on which you are going to enter the password. This applies to all operating systems.

Wherever possible, enable password confirmation via SMS or two-factor identification. And of course, it is worth remembering that you cannot send scans of documents, passport data or transfer money to strangers.

Perhaps many of the readers, when looking at the screenshots of the letters, thought: “Am I a fool to open files from such letters? You can see from a kilometer away that this is a setup. I won't bother with a password manager and two-factor authentication. I'll just be careful."

Yes, most fraudulent emails can be detected by eye. But this does not apply to cases when the attack is aimed specifically at you.

The most dangerous spam is personal

If a jealous wife wants to read her husband’s mail, Google will offer her dozens of sites that offer the service “Hacking mail and social network profiles without prepayment.”

The scheme of their work is simple: they send a person high-quality phishing letters that are carefully composed, neatly laid out and take into account the person’s personal characteristics. Such scammers sincerely try to hook a specific victim. They find out from the customer her social circle, tastes, and weaknesses. It may take an hour or more to develop an attack on a specific person, but the effort pays off.

If a victim is caught, they send the customer a screenshot of the mailbox and ask them to pay ( average price about $100) for your services. After receiving the money, they send you the password for the mailbox or an archive with all the letters.

It often happens that when a person receives a letter with a link to the file “Video compromising evidence on Tanya Kotova” (hidden keylogger) from his brother, he is filled with curiosity. If the letter is provided with text containing details that are known to a limited circle of people, then the person immediately denies the possibility that his brother could have been hacked or that someone else is pretending to be him. The victim relaxes and turns off the antivirus to hell to open the file.

Not only jealous wives, but also unscrupulous competitors can turn to such services. In such cases, the price tag is higher and the methods are more subtle.

You should not rely on your attentiveness and common sense. Let an emotionless antivirus and password manager protect you, just in case.

P.S. Why do spammers write such “stupid” letters?

Carefully crafted scam emails are relatively rare. If you go to the spam folder, you can have a lot of fun. What kind of characters do scammers come up with to extort money: the director of the FBI, the heroine of the series “Game of Thrones”, a clairvoyant who was sent to you by higher powers and wants to tell you the secret of your future for $15 dollars, a killer who was ordered to pay you off, but he sincerely offers to pay off .

An abundance of exclamation marks, buttons in the body of the letter, a strange sender address, a nameless greeting, automatic translation, gross errors in the text, a clear overkill of creativity - letters in the spam folder simply “scream” about their dark origin.

Why do scammers who send their messages to millions of recipients not want to spend a couple of hours composing a neat letter and spare 20 bucks for a translator to increase the response of the audience?

In a Microsoft study Why do Nigerian Scammers Say They are from Nigeria? the question “Why do scammers continue to send letters on behalf of billionaires from Nigeria when the general public has known about “Nigerian letters” for 20 years” is deeply analyzed. According to statistics, more than 99.99% of recipients ignore such spam.

In Microsoft Outlook, you can specify that for all messages you send, an automatic Bcc (Bcc) will be sent to other distribution lists or users.

One scenario in which this rule is useful is when all group members reply to incoming email messages, such as Help Center. When one group member replies to a message, other group members automatically receive a copy of the reply, keeping all outgoing messages up to date.

client rules

Create a rule

Now, every time you send a message, be it a new message, forward a message or reply, people or groups that are specified in the rule will be automatically added as copy recipients. The names of people or groups do not appear in the Cc line of the compose message, but those names will appear to all recipients of the message.

Disable a rule

In the Mail view, on the tab home click the button rules > Manage Rules and Alerts.

On the tab in the section Rule

Click the button OK.

Rules and Alerts.

Advice: For more information about how to quickly disable this rule for individual messages, see the next section ("").

Use a category to disable automatic CC for individual messages

If you want the flexibility to turn off automatic new copy rules based on a single message without having to navigate through the dialog box rules and alerts, you can use the categories feature in Outlook, along with a rule.

Advice:

First, you need to create a rule to automatically send blind carbon copy (CC) for all email messages you send.

This specific rule is called client rules. Client rules run only on the computer on which it is created and run only if Outlook is running. If you were to send an email using account email on another computer, the rule will not be executed from that computer so that it is created on this computer. This same rule must be created on each computer that plans to use it.

Create a rule

Now every time you send a message, be it a new message, forward a message or reply, people or distribution lists specified in the rule will be automatically added as copy recipients. The names of people or distribution lists do not appear in the Cc line of the compose message, but those names will appear to everyone who receives the message.

Disable a rule

To prevent a copy from being sent automatically, you must first disable the rule.

In Mail in the menu Service click the button Rules and Alerts.

On the tab Email Rules In chapter Rule uncheck the box corresponding to the rule you created.

Click the button OK.

You can now send a message without automatically sending a copy to other people or mailing lists. The rule will be inactive until it is re-enabled in the dialog box Rules and Alerts.

Advice:

Use a category to disable automatic CC for individual messages

If you want to disable the new automatic Send CC rule for individual messages without calling the dialog box Rules and Alerts, you can set the rule to a category that is available in Office Outlook 2007.

Modify the rule you created earlier so that when you add the specified category to a message, the rule does not automatically send a copy.

Whenever you want to disable the auto-cc rule for a message, apply a category to it.

Advice: You can use a keyboard shortcut if you specified it when creating the category.

When you send a message, the auto-copy rule will not apply.

You have probably already noticed thatupon receiving letters from some authorsin the “to” section there is a list of several dozen emails of different people. Moreover, neither you nor these people gave their consent for these emails to be “exposed.” Naturally, some of the recipients will unsubscribe from this mailing list (we are all tired of the flow of spam to our emails). But one thing is certain - all recipients will treat the author of the newsletter as an unprofessional person. And they are unlikely to agree to accept his offer.

How can you do it so as not to send a letter to each addressee separately and at the same time “not to shine before everyone else”?
Almost any email service allows you to do this.

Let's consider this opportunity using the example of the most popular email address for business mailings: gmail.com

Typically, you use the Compose window to send an email. By clicking on it, you see a new “New message” window, into which you insert everything that is necessary to create and send the letter itself.

We usually insert the emails of our recipients into the “Recipients” window.

Copy means "exact copy". This field is used when you simply want to send an email to someone who is not the primary recipient. This way, you can keep the person in the loop while letting them know that they don't have to respond to the email. But all recipients of this letter see each other’s addresses (and even names).

BCC means "an exact hidden copy." It works the same as Cc, but this field hides all recipient addresses.

Thus, using this field is one of the best ways to send a letter a large number people and maintain confidentiality. This means you won’t ruin your relationship with them. Using this feature, you can insert up to 30 emails. This means that with one click of a button you can send this letter to 30 recipients at once, without showing their emails.

And, if necessary, you can insert a picture into the body of the letter ( 4 ) or attach a file ( 5 ).

It is this mail that provides the maximum number of editing opportunities.

Similarly, you can send a letter to several recipients at the same time via yandex.ru mail.

Only there are fewer options for editing the text of the letter on this mail. Therefore, I will only show the procedure required to send letters.

Click on “Write” and then in the “To” window ( 1 ) insert the email of the first recipient, and then select the “Copy” function ( 2 ) or "Bcc" ( 3 ). Depending on whether you want all recipients of your letter to see all emails or preserve their right to confidentiality of addresses, select one of the functions. To add each next email to the list, you need to click on the button with the image of a man with a plus sign in front of it ( 4 ). Then you can select your regular recipients from the drop-down list or enter their emails manually.

Pictures can be downloaded from Yandex Disk and files can be attached as usual.

Click on the “Write” button, a window appears in which when you click with the mouse in the “To” window ( 1 ), a drop-down list appears with a list of your regular recipients ( 2 ). You can choose from this list what you need. Or just insert the desired email destination manually.

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 are talking about ordinary correspondence carried out by the vast majority of people, without the use of an electronic 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 the legally significant correspondence of 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 the use of technical means in the preparation of evidence is clearly insufficient; there is no conceptual apparatus as such; in different regulations, the same concepts are often defined differently.

Without going into the technical features of e-mail, leaving you without lengthy definitions of e-mail, 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 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, specialist 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 the form of a digital, graphic record or in another way that allows the authenticity of the document to be established.

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 accordance with the procedure established by the Arbitration Procedure Code of the Russian Federation, other federal laws, other legal acts or the contract.

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 e-mail, to inspect a message or an 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 number of practical measures to make electronic correspondence “procedural.”

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.

This act should also provide information about software(indication of the browser version) and the computer equipment used. 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. At least, when I object 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 contract, since it can be very difficult to prove that an email address belongs to a specific person or organization (for registration email box there is no 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 requires the parties to use exactly those email addresses that are directly indicated in the contract, which is rarely done in practice, 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 seems that this correspondence should 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.

Considering the insufficient legislative regulation of the issue of using electronic correspondence in economic transactions, it is not possible to talk about the predetermined force 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.

If you liked this article, subscribe to the newsletter and leave your comments.

Watch an interview with an expert who certifies electronic correspondence

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.

Thank you 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 day, Natalia!
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 to somehow copy or print the “software package” onto a tangible 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 are not talking 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 account blocking). In the account banking agreement (accession agreement, published on the website for all bank clients) there is a clause:
Please send me documents to the specified address (we are talking about e-mail)…. 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, the service for providing electronic mail addresses is provided by third parties. Is it possible to challenge, say, the point “I have the technical and other capabilities to receive and familiarize myself with documents” in Rospotrebnadzor (as I understand it, this supervisory authority can administratively force the bank to remove illegal clauses of the contract), since I am a client postal service I don’t 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, expressed the idea that an email notification had been sent to me. Now I wonder how legal such inclusions in contracts are. In addition, if the situation turned out differently, and I had to defend my interests in court, could I ask the judge to consider this point insignificant, violating my rights - at the moment I am 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 (previously 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
You can file a claim for payment of 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 .

Thank you so much 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 and 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 to communicate with management is by email. By mail, managers sent us instructions, orders, signed memos, etc. Naturally, communication by email is not specified in our employment contract, 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 email 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? Thank you in advance.

Good afternoon. Tell me, please, are there any chances of winning in court? This is the situation.
I transferred money from my bank card 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 relevant 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 health problems (by 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 predetermined 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 on social networks, where it is said that my son was paying off his debt. And how much is left? My son repaid most of 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 certification of an 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 optionalness 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, which is 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, and not by 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 the mutual destruction of copies or the 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 for copyright information. She says that the employee made a fatal mistake, 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. I destroyed all copies on electronic media on the Internet and sent them 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 is email and skype correspondence, 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 the wife, the transfer paper Money on his card and correspondence in Viber. What do you advise? 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, but I don’t.

Best wishes,
Lawyer Mugin Alexander S.

Hello! Please tell me, here’s one person who spread numerous information about me and my company that does not present me and the company in the best light, that I don’t pay people, I didn’t pay him money for the work, in the form of mailings to different people (I went to the client’s website under an admin account and made a mailing). 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 at my old job, went to training (2 weeks) and then it turned 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% of the 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