Resistance in implementing electronic authentication causes dissatisfaction among the people

Mohammad Teymouri, a lawyer and basic lawyer of a judiciary, in an interview with a Fars News Agency reporter, called for the implementation of the regulations of the law on notaries and said: “We are in 2022 and we should try to coordinate our equipment and affairs in accordance with modern science.” It is not appropriate to try to do things with the old methods and mechanisms.

He continued: “Electronic authentication and all the things that are done in this way, is one of the categories that must be coordinated with the latest technologies in the world;” Many countries of the world even make banking affairs visible to the devices and passed the second code and so on.

We have problems in enforcing the law

Teymouri said: “We do not have a legal vacuum in the issue of electronic authentication (laws are drafted and approved very quickly and legal needs and bedding are done), but we have difficulty in implementing these laws, because we can not bring the category we include in the law to the fore.” And run.

Referring to Articles 31 and 32 of the Electronic Commerce Law, he clarified: Electronic certification service offices are units that are established to provide electronic issuance services throughout the country; These services included issuing, storing, sending, verifying, and revoking the up-to-date certificate of authenticity, and expediting matters by eliminating physical presence. These mechanisms are not observed in law enforcement.

Regarding the implementation of the notarial law, the lawyer said: “Currently, some notary public offices are implementing this law on a trial basis.”

He explained: The mechanism that is currently implemented in notaries is the same as before, since the registry office is a subset of the judiciary, only a confirmation text message is sent from the Sana system to the person who prepares the document to provide That code to the clerk, the document registration process is completed.

Teymouri continued: “If the person compiling the document is supposed to physically deliver the copy of the documents in the same way and with the same mechanism as before, and in addition, a task will be added to his previous tasks, what will be the law?”

The philosophy of the legislation should be to eliminate shortcomings

Emphasizing that the philosophy of the legislature should be to eliminate shortcomings, the former inspector of the Bar Association said: “We did not take the burden of adding tasks to other tasks and we only added trouble.”

He added: “Authentication is done in the same way as before, and we still receive copies of national cards and identity cards from clients in notaries, and without the delivery of these documents, notaries will not do anything for clients.”

Teymouri considered the implementation of electronic certification in notaries to be necessary and said: Electronic services offices should be such that, for example, if someone in Zahedan wants to give a lawyer to a person in Tabriz, it is possible for him to do so electronically and this transfer Document to be done. The same goes for authentication.

He stated: the law that is approved must specify the budget, the method of implementation, the relevant body that is responsible for its implementation; All of this is clear except for the budget and the hardware infrastructure that is required to do so.

Referring to cases where the law is being implemented incompletely, the lawyer continued: The law on electronic registration of the judiciary, which we usually deal with most, was supposed to help the clients of the judiciary.

Teymouri added: “The Electronic Services Law also states that the client can submit matters related to the judiciary, including bills, documents, etc., to the court both in person and electronically, and in the offices of electronic judicial services, authentication and To be equal to the originality of the document, etc. and send it to the court.

“In practice, we implemented this with a delay of several years, we are in a situation where we are used to these shortcomings,” he said.

It is determined that online people are not allowed to trade

Referring to the consequences of the delay in the implementation of the By-Laws on the Registry of Laws, the member of the Human Rights Commission said: We should not resist the science and technologies of the world, and resistance to the implementation of this law will cause dissatisfaction among the people.

Teymouri also considered the bylaws of the notaries law and the notaries and clerks’ association to be flawed and said: “The biggest advantage of the traditional method of offices is that by visiting the office, the notaries see and examine the client’s mental health and mental powers.”

He continued: “In this new mechanism, which has not been implemented yet, we have only approved options such as approval, acceptance, etc. through electronic systems, and it is not clear who approves these options.”

The lawyer said: “Currently, in the system of electronic power of attorney, the signatures of individuals are defined in the Sana system.” When a lawyer wants to do his client’s work, a code is sent to the client’s mobile phone, which is given to the lawyer with an electronic signature, and the other lawyer does not see the client.

He added: “It has been observed that the client refers to the fact that his mobile phone was in the hands of another person and other problems that the legislator must address to prevent them.” If we are to implement a new mechanism of action, we must also consider how the Registrar examines personal rational powers.

Teymouri continued: in the category of document transfer, the issue of abandonment and invalidity of documents is raised. Whether a person is abandoned or not has many legal implications.

The lawyer also pointed to the advantages of the new mechanism for authenticating individuals in notaries and corporate offices. They were not connected.

He added: “Victims of fraud, forgery of documents, etc. should act through the judiciary, because the judiciary is a body that according to the constitution is the general authority to investigate grievances and is obliged to observe, prevent and take action after fraud and crime and rights.” Is.

Teymouri continued: “The judiciary has jurisdiction over lawsuits and has a body that has the legal power to cancel documents that are illegal and fraudulent, because when a document is prepared, it has effects until the judiciary cancels it.” It is legal.

He also said about monitoring the implementation or delay of the relevant agencies in the implementation of this law: The Islamic Consultative Assembly is obliged to answer to the Assembly about the implementation of the law through the relevant ministers and in accordance with the law.

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