In the UIS (Unified Information System) and on the five main electronic platforms, to perform such actions as changing user permissions, making changes to an organization’s registration data, publishing various information, directing a project and signing a contract, it is required.
It can be purchased both from specialized organizations () and on the sites themselves (as a rule, they offer such a service). Registration of an electronic digital signature for individual entrepreneurs for government procurement is no fundamentally different from registration for legal entities.
Step-by-step instructions for setting up an electronic signature
To participate in electronic trading, you need to know how to set up an electronic digital signature for government procurement. For this:
- Receive an electronic signature and a special program for working with it from the certification center.
- Install the signature and electronic signature tool on your computer.
- Set up Internet Explorer to work.
To use an EDS certificate, you need a token and an electronic signature.
A token with a USB connector resembles a regular flash drive in appearance. It can record and store multiple signatures. In Russia, the following brands of tokens are most often offered: Rutoken, eToken and JaCarta.
An electronic signature tool is a special software (cryptoprogram), the functions of which allow you to create and verify an electronic signature, encrypt and decrypt information. The most common electronic signature tool is CryptoPro CSP. It can be purchased either from the same organization that issued the digital signature, or from companies that sell the software.
Workplace setup
Setting up an electronic signature for a government order consists of five stages:
Step 1. Make sure that CryptoPro CSP is installed and working correctly. To do this, in the computer's Control Panel, go to the All Control Panel Items section, find the crypto program and, right-clicking on it, select Properties from the menu. A new window will open. The information you need is on the General tab.
Stage 2. Checking the settings of your token depending on the brand: Rutoken, eToken and JaCarta. The driver for the required token must be installed. You can download them on the official website of the manufacturer.
To check, open the Token app and select About.
Stage 3. Installation of electronic signature certificates. Don't forget that certificates have an expiration date.
Stage 4. Installing certificates from the certification authority where you received the key. To do this, select Certificates in the crypto program.
Step 5: Checking your browser settings:
- Most often, electronic trading platforms and EIS guarantee correct operation only through the Internet Explorer browser.
- Checking your browser settings.
- Checking browser add-ons. The most common add-on is CAPICOM. Install it.
To obtain an electronic signature for a customer in the Unified Information System under 44-FZ, it is necessary to generate digital signature keys for government procurement, instructions and a program for which are located on the Treasury website.
Setting up an electronic signature for the Customer
Browser settings
Step 1: Check your browser security settings. To do this, click on the Tools button and select Internet Options from the menu.
Step 2: Go to the Security tab. Select Trusted Sites, then click the Sites button.
Step 3. In the window that opens, in the “Add the next node to the zone” field, enter the address of the UIS website - zakupki.gov.ru. After that, click Add.
Step 4: Check your security settings. To do this, on the same Security tab, click on the Other button.
Step 5: A new window will open. Make sure you have the same settings as in the screenshots below. When everything is ready, click OK.
Step 6: Turn on your pop-up blocker. To do this, go to the Privacy tab and select the appropriate menu item.
Installing a personal certificate
Step 1. Go to the Service tab in a crypto program, for example, CryptoPro CSP, and click on the Install personal certificate button.
Step 2. In the Installation Wizard, select the desired certificate file with the .cer extension.
Step 3. In the next window, check the certificate details and click Next.
Step 4: Click Browse and select the required key container.
Step 5: Select the storage and click OK.
Step 6. In the last window, double-check that the information provided is correct and click Finish to complete the installation.
№ 12-673/2016
SOLUTION
in a case of administrative offense
Judge of the Sovetsky District Court of Makhachkala P.A. Mahatilova, having considered the complaint of the chief physician of the State Budgetary Institution of the Republic of Dagestan "Buinakskaya Central City Hospital" FULL NAME1, against the resolution of the Deputy State Financial Control Service of the RD FULL NAME2 No. dated DD.MM.YYYY about the administrative offense provided for in Part 4.2 of Art. RF,
installed:
DD.MM.YYYY Deputy of the State Financial Control Service of the Republic of Dagestan, Full Name 2, in relation to the official - the Chief Physician of the State Budgetary Institution of the Republic of Dagestan "Buinakskaya Central City Hospital" Full Name 1, issued a resolution in the case of administrative offense No. 05-42/244/16 from which the official Full Name 1, who is the Chief Physician State Budgetary Institution of the Republic of Dagestan "Buinakskaya Central City Hospital" was found guilty of committing an administrative offense under Part 4.2 of Art. RF expressed that the auction documentation does not contain the terms of the bank guarantee provided for in Art. 45 of the Law on the Contract System, as well as in connection with the violation of paragraph 2 of Art. 42 of the Law on the contract system
Having disagreed with this resolution, the chief physician of the State Budgetary Institution of the Republic of Dagestan "Buinakskaya Central City Hospital" FULL NAME1 filed a complaint with the court against the above resolution of the Service within the time limits established by Article 30.3 of the Code of Administrative Offenses of the Russian Federation, in which he asks to cancel the appealed resolution, since the Service violated the rules of procedural law and in violation Art. The Russian Federation attracted an official who was not subject to administrative liability. The appealed decision was made in violation of the rules established by the norms of Art. RF. He asked the court to declare the decision made illegal.
At the court hearing, the representative of the chief physician of the State Budgetary Institution of the Republic of Dagestan "Buinakskaya Central City Hospital", by proxy, lawyer FULL NAME3, supported the complaint on the grounds indicated in it, asked to cancel the decision of the official of the Service dated DD.MM.YYYY No. and explained that in the State Institution of the Republic of Dagestan "Buinakskaya Central City Hospital" by order DD.MM.YYYY No. contract service was created. In accordance with Part 3 of Art. 38 of Law No. –FZ, the regulation on contract service dated DD.MM.YYYY was approved. Based on the created contract service, a contract manager was appointed by order and rights and responsibilities were determined in accordance with job descriptions. Art. The Russian Federation provides that an official is subject to administrative liability if he commits an offense in connection with failure to perform or improper performance of his official duties. As established by the note to Art. RF, contract managers, contract service employees who have committed administrative offenses provided for in Articles 7.29-7.32 bear administrative liability as officials. Thus, violation of Federal Law 44 is subject to liability of the contract manager, and not the Chief Physician, who took all the necessary measures to implement the law, created a contract service, identified an official, and approved a standard regulation.
The representative of the Service by proxy, FULL NAME4, at the court hearing objected to the satisfaction of the complaint, explaining that the official - the chief physician of the State Budgetary Institution of the Republic of Dagestan "Buinakskaya Central City Hospital" FULL NAME1 was justifiably brought to administrative responsibility, since he violated the provisions of the Law FZ-44 "On the contract system in the field procurement of goods, works, services to meet state and municipal needs" (hereinafter referred to as Federal Law-44).
In accordance with job descriptions, the responsibilities of the contract manager do not include approval of procurement documentation; therefore, he cannot be held responsible for this offense.
Assigning additional responsibilities to an official is a violation of labor laws.
The head of the customer, as an official who acts on behalf of a budget institution without a power of attorney, must himself approve the procurement documentation, or appoint an official responsible for its approval.
There is no evidence in the case materials that the contract manager was assigned responsibilities for approving procurement documentation. Thus, due to the fact that the responsibilities were not assigned to the contract manager, it is FULL NAME1, as an official, who bears responsibility.
The contract manager was not given the right to use the electronic digital signature of the chief physician when posting information in the Unified Information System, in particular, the notice of procurement and procurement documentation were posted using an electronic digital signature Full Name1
In connection with the above, he asked the court to dismiss the complaint.
After listening to the participants in the process and examining the material of the case, the court comes to the following.
In silust. 24.1 of the Code of Administrative Offenses of the Russian Federation, the objectives of proceedings in cases of administrative offenses are a comprehensive, complete, objective and timely clarification of the circumstances of each case, its resolution in accordance with the law.
According to Art. 26.1 of the Code of Administrative Offenses of the Russian Federation, during proceedings in a case of an administrative offense, circumstances that are important for the correct resolution of the case are subject to clarification, namely: the presence of an event of an administrative offense; guilt of a person in committing an administrative offense; other circumstances relevant for the correct resolution of the case.
According to Art. 2.4 of the Code of Administrative Offenses of the Russian Federation, an official is subject to administrative liability if he commits an administrative offense in connection with failure to perform or improper performance of his official duties.
As established by the note to Art. RF, contract managers, contract service employees who have committed administrative offenses provided for in Articles 7.29-7.32 bear administrative liability as officials.
The Service representative’s argument that the contract manager was not given the authority to approve procurement documentation is unfounded.
In accordance with Part 4 of Art. 38 of the Law on the Contract System, the contract manager exercises the functions and powers specified in paragraphs 1-6 of Part 4 of Art. 38 of the Law.
In accordance with Part 4 of Art. 38 of Law N 44-FZ The contract service and the contract manager exercise the following main functions and powers:
1) develop a procurement plan, prepare amendments to it, place the specified documents in the Unified Information System (clause 1, part 4, article 38 of Law No. 44-FZ);
2) develop a schedule and changes made to it, place the specified documents in the Unified Information System (clause 2, part 4, article 38 of Law No. 44-FZ);
3) prepare and post notices and procurement documentation (if necessary) in the Unified Information System, prepare and send invitations to participate in identifying suppliers using closed methods (Clause 3, Part 4, Article 38 of Law No. 44-FZ);
4) ensure the implementation of procurement, including the conclusion of contracts (clause 4, part 4, article 38 N 44-FZ);
5) participate in the consideration of cases on appealing the results of identifying suppliers and prepare materials for carrying out claim work (clause 5, part 4, article 38 of Law No. 44-FZ);
6) if necessary, organize consultations with suppliers and participate in them (clause 6, part 4, article 38 of Law No. 44-FZ);
7) exercise other powers provided for by Law No. 44-FZ (clause 7, part 4, article 38 of this Law).
These powers include, among other things, the responsibility to approve procurement documentation.
By order of the chief physician of the State Budgetary Institution "Buinakskaya Central City Hospital" FULL NAME1 dated DD.MM.YYYY No., a contract service was created in the State Budgetary Institution of the Republic of Dagestan "Buinaksk". On the basis of this order, the regulation on contract service dated DD.MM.YYYY was approved.
By order of DD.MM.YYYY No., a contract manager was appointed - accountant FULL NAME5, for whom the job description of the contract manager was approved, although by virtue of the law it is not a mandatory local act.
The case materials do not contain an order from the chief physician of the Buinakskaya Central City Hospital, Full Name 1, to assign Full Name 5 the responsibilities for approving procurement documentation.
Meanwhile, in clause 2.3, the responsibilities of the contract manager include the preparation and placement in the Unified Information System of notices of procurement, procurement documentation and draft contracts.
According to the Chairman of the Service, these responsibilities should be spelled out verbatim in the job description. This argument of the Service representative is not based on the law.
The absence of the specified order or direct instructions in the job description does not indicate that Full Name 5 has no obligation to approve procurement documentation, since such an obligation arises for the contract manager by virtue of clauses 3, 7, part 4 of Art. 38, h, as well as from under. “g” clause 13 of the Regulations on contract service approved by the chief physician Full name DD.MM.YYYY
The powers of the contract service are defined in detail in the Model Regulations.
There is no regulatory legal act detailing the powers of the contract manager.
From this list, as well as from the purposes of creating a contract service, defined in the Standard Regulations, it follows that the contract service, the contract manager are designed to ensure the fulfillment of all the powers of the customer, as well as all necessary measures for the timely submission of information about concluded contracts, as well as the adoption of all measures, provided for by the legislation on the contract system, including the responsibilities for approving procurement documentation.
Thus, the argument that the official responsibilities of the CU do not include the responsibility for approving procurement documentation is untenable.
Under these circumstances of non-fulfillment or improper fulfillment of this obligation, the contract manager is subject to administrative liability. The court also cannot agree with the arguments of the representative of the Service about the violation by the chief physician of the Buinaksk Central City Hospital of Art. Federal Law “On Electronic Signature”.
In accordance with the Regulations on the contract service of the State Budgetary Institution of the Republic of Dagestan "Buinaksk Central City Hospital" employees of the contract service who are guilty of violations of the Federal Law dated DD.MM.YYYY No. 44-FZ "On the contract system for the procurement of goods, works, services to meet state and municipal needs", other normative legal acts provided for by this Law, as well as the norms of these Regulations, bear disciplinary, civil, administrative, and criminal liability in accordance with the legislation of the Russian Federation.
From the interpretation of clause 1 of Article 10 of Law N 63-FZ “On Electronic Signature” it does not imply the transfer of the right to use an enhanced electronic signature to another person on the basis of any administrative document or power of attorney (Article), but only indicates the technical possibility of affixing an electronic signature by another person with the consent, and under the control of the owner of the electronic signature verification key certificate, which does not prevent Full Name 5, under the control of Full Name 1, from installing a memory card with the key into the computer to perform its functions.
Law No. 63-FZ does not imply the direct transfer of the right to use an EDS from its owner to another person, and therefore FULL NAME1 has not transferred the right to use an EDS to anyone, and cannot, by virtue of the Law, and therefore such evidence confirms that the contract manager has been granted the right to use an EDS , not available. The fact that the contract documents contain the signature FULL NAME1, taking into account the strict restrictions on the transfer of the right to use the digital signature, does not refute that the signature was carried out in a technically possible way by FULL NAME5
It follows from the appealed resolution that when it was drawn up, a representative of the customer, FULL NAME 6, was present, who gave specific reasons why he considered that the actions of FULL NAME 1 did not constitute an administrative offense. However, the assessment of these arguments was given in violation of Art. Art. , Russian Federation.
decided:
The complaint of the chief physician of the State Budgetary Institution of the Republic of Dagestan "Buinakskaya Central City Hospital" FULL NAME1, to be satisfied.
Resolution of the Deputy State Financial Control Service of the Republic of Dagestan No. dated DD.MM.YYYY on bringing the chief physician of the State Budgetary Institution of the Republic of Dagestan "Buinakskaya Central City Hospital" FULL NAME1 to administrative liability under Part 4.2 of Art. RF - cancel.
Proceedings in a case of an administrative offense under Part 4.2 of Art. RF in relation to Full Name 1 to terminate, on the basis of clause 2 of Part 1 of Art. RF, i.e. for the absence of an administrative offense in his actions.
A complaint against the resolution may be filed with the Supreme Court of the Republic of Dagestan within 10 days from the date of delivery or receipt of a copy of the resolution.
Judge FULL NAME7
The decision is printed in the deliberation room.
Court:
Sovetsky District Court of Makhachkala (Republic of Dagestan)Defendants:
State Budgetary Institution of the Republic of Dagestan "Buinakskaya State Securities" Mamaev Magomed AkhmedovichJudges of the case:
Patimat Abdusamedovna Mahatilova (judge)Judicial practice on:
By proxyJudicial practice on the application of Art. 185, 188, 189 Civil Code of the Russian Federation
Electronic signature (ES) Today it is widely used by various business entities. Without it, it is impossible to submit reports remotely, contact a government agency, or sign an electronic document. To participate in the auction, an electronic signature is required for both the customer and the contractor. Which digital signature is suitable? How to get it? We will talk about this in the article.
What is digital signature
Digital signature- this information about a person in electronic form, which is stored on a special medium in encrypted form. ES Certificate contains data on the name or full name of the person, his TIN, KPP (for organizations), OGRN, position and powers of the owner.
Legal basis for the use of electronic signatures - Federal Law No. 63-FZ dated April 6, 2013. It defines what types of signatures exist, in what cases each of them should be used, in what order the legal force of documents signed with an electronic signature is recognized, and many other nuances.
Registration in ERUZ EIS
From January 1, 2019 to participate in tenders under 44-FZ, 223-FZ and 615-PP registration is required in the ERUZ register (Unified Register of Procurement Participants) on the EIS (Unified Information System) portal in the field of procurement zakupki.gov.ru.
We provide a service for registration in the ERUZ in the EIS:
In accordance with this law There are three types of EPs:
- simple electronic signature;
- enhanced unqualified electronic signature;
- enhanced qualified electronic signature.
To participate in the auction, signatures must be drawn up from powers:
- organization administrator;
- authorized specialist;
- specialist with the right to sign the contract.
The signature of a specific person can be assigned any of these powers, and even several. It all depends on what the organization needs.
What signature is needed for bidding under 44-FZ
All participants in the auctions that are held will need to acquire an electronic signature:
- for customers - an enhanced qualified electronic signature;
- suppliers - enhanced unqualified electronic signature.
The signature will be useful at each stage of trading and when carrying out any operations on the ETP. It is also worth considering that the signature requirements do not depend on whether the organization intends to operate on a federal or commercial site. A signature will be required for any ETP, however different. There are digital signatures that allow you to participate in auctions only on federal sites, but there are also those that include work on commercial sites.
Note! A signature that was issued for participation in auctions under 223-FZ is not suitable for auctions under 44-FZ.
A short video about choosing an electronic signature for a supplier:
Where can I get an electronic signature?
Where to apply for a signature depends on the capacity in which the organization intends to take part in the auction:
- As a customer. In this case, the digital signature is issued by the territorial body of the Federal Treasury. The received certificate will be valid at any federal site.
- As a supplier(performer, contractor). To obtain an electronic signature, you should contact a certification center (CA).
How to choose a certification center?
Different sites set their own requirements for certification centers. Therefore, the process should begin from choosing an ETP, where participation in the auction will take place.
- visit the ETP website and find a list of certification centers on it;
- choose one of them and clarify what documents will be needed;
- collect a package of documents and go for signature.
Customers often have questions: who needs an electronic signature -onleader, on, onthemaboutAndX? The answer is simple - on the one who will sign documents on the ETP, including contracts. Whom to be given such powers - a manager or a procurement specialist - is decided by the customer himself.
Set for documents for registration of digital signature
The minimum set of documents is usually something like this:
- application for production of an EDS key;
- documents on the basis of which the organization and its director operate - a copy of the Charter, an extract from the register, a copy of the order appointing a director;
- documents of the person for whom the digital signature will be issued, including a power of attorney to exercise the powers that will be specified in it;
- if the owner of the signature submits documents through a representative, then the power of attorney is in his name.
When the signature is ready, the certification center will issue:
- Token. An EDS key is a file that is placed on a special device - a token. It should contain:
- key file;
- digital signature verification key certificate file.
- A copy of the key verification certificate on paper with the signature and seal of the CA.
- License for the right to use an electronic signature tool (PC program).
- Digital media with the installation files of this program and documentation.
How to store digital signature
Storing an electronic signature should be handled responsibly. According to the rules, it is forbidden to transfer your digital signature to other persons for use, but in practice this happens everywhere.
Along with the token, a pin protecting it will be issued, which should be kept confidential. In this case, even if the media is lost, no one will be able to use the digital signature. If the media is lost, you must contact the certification center. The old key will be canceled and a new one will be issued to the user in its place. However, you will have to pay for the production of the digital signature again.
Can the general director transfer his electronic signature to employees and will he be responsible for the consequences resulting from its use, say Tatyana Chashina and Artem Barseghyan, experts from the GARANT Legal Consulting Service.
Does the general director of a joint-stock company have the right to transfer his electronic digital signature for use by employees of the procurement department for the purpose of concluding contracts, signing payment orders for their payment, having formalized such transfer by an appropriate order? In this case, will the general director be held liable for inappropriate (unlawful) actions committed by employees of the procurement department using his digital signature? Is it possible to issue an electronic signature in the name of any of the employees of the procurement department who have powers of attorney to exercise powers signed by the general director?
First of all, we note that the use of an electronic signature - an analogue of a handwritten signature - is permitted in cases and in the manner provided for by law and other legal acts or agreement of the parties (clause 2 of Article 160 of the Civil Code of the Russian Federation). Relations in the field of using electronic signatures when making civil transactions, providing state and municipal services, performing state and municipal functions, when performing other legally significant actions, in all cases established by federal laws, are regulated by Federal Law dated 04/06/2011 N 63- Federal Law "On Electronic Signature" (hereinafter referred to as Law No. 63-FZ).
An electronic signature (hereinafter - EDS) is information in electronic form that is attached to other information in electronic form (signed information) or is otherwise associated with such information and which is used to identify the person signing the information (clause 1 of article 2 of the Law N 63-FZ).
In accordance with paragraph 1 of Art. 5 of Law N 63-FZ establishes the types of digital signature: a simple electronic signature and a strengthened one, which, in turn, can be qualified and unqualified. An enhanced electronic signature is distinguished from a simple enhanced electronic signature by the mandatory presence of an electronic signature key (a unique sequence of characters intended to create an electronic signature) and an electronic signature verification key (a unique sequence of characters uniquely associated with the electronic signature key and intended to verify the authenticity of the electronic signature), specified in the corresponding certificate - an electronic document or a paper document issued by a certification center or an authorized representative of the certification center and confirming that the electronic signature verification key belongs to the owner of the electronic signature verification key certificate (clauses 2, 3, 5, 6 of Article 2, clauses 2, 3, Article 5 of Law No. 63-FZ).
For an unqualified electronic signature, an electronic signature verification key certificate may not be created if the compliance of such an electronic signature with the characteristics of an unqualified electronic signature can be ensured without using this document (clause 5 of Article 5 of Law No. 63-FZ). In turn, one of the requirements that a qualified electronic signature must meet is the requirement to indicate the electronic signature verification key in the qualified certificate (Clause 1, Part 4, Article 5 of Law No. 63-FZ).
As follows from paragraph 2, part 2, part 3 of Art. 14 of Law N 63-FZ, an electronic signature verification key certificate can also be issued to a legal entity. In this case, it indicates the name and location of the legal entity, as well as the individual acting on behalf of the legal entity on the basis of the constituent documents of the legal entity or a power of attorney. In other words, this can be either the general director or another person authorized by a power of attorney. However, there are no restrictions on the number of certificates issued to one legal entity.
Thus, an electronic signature can be issued both to the general director of a joint-stock company and to another person acting under a power of attorney.
Further, according to the general rule enshrined in paragraph 1 of Art. 4 of Law N 63-FZ, the type of digital signature used is determined by the participants in electronic interaction at their own discretion, unless regulations or an agreement between participants in electronic interaction establish requirements for the use of a specific type of digital signature in accordance with the purposes of its use.
For example, electronic document flow in the contract system in the field of procurement is carried out using an unqualified enhanced electronic signature (clause 3, part 1, article 4, article 5 of the Federal Law of 04/05/2013 N 44-FZ "On the contract system in the field of procurement" goods, works, services to meet state and municipal needs"), while the Federal Law of December 6, 2011 N 402-FZ “On Accounting” requires the preparation of primary accounting documents both on paper and in the form of an electronic document certified by electronic signature (clause 5 of article 9 of this Law) (we note that for the purposes of accounting and tax accounting, primary accounting documents, including payment orders drawn up in electronic form, must be signed with a qualified electronic signature, which follows from clause. Clauses 1, 2, Article 6 of Law No. 63-FZ and letter of the Ministry of Finance of the Russian Federation dated January 23, 2013 No. 03-03-06/1/24).
Please note that the law does not provide for the possibility of establishing restrictions on its use in a certificate of an unqualified enhanced electronic signature, in contrast to a certificate of a qualified enhanced electronic signature, which, however, may also not contain such restrictions (clause 4 of article 11 of Law No. 63 -FZ).
In accordance with paragraph 1 of Art. 10 of Law N 63-FZ, when using enhanced electronic signatures, participants in electronic interaction are obliged, among other things, to ensure the confidentiality of electronic signature keys, in particular, to prevent the use of electronic signature keys belonging to them without their consent. This formulation allows us to conclude that it is possible to use electronic signature keys by other persons with the consent of the participant in the electronic interaction. Otherwise, we are talking about a violation of the confidentiality of the electronic signature key, about which its owner is obliged to notify the certification center that issued the electronic signature verification key certificate and other participants in electronic interaction within no more than one business day from the date of receipt of information about such a violation. He is also obliged not to use the electronic signature key if there is reason to believe that the confidentiality of this key has been violated (clauses 2, 3, Article 10 of Law No. 63-FZ).
Nevertheless, we believe that the norm of paragraph 1 of Art. 10 of Law N 63-FZ does not imply the transfer of the right to use an enhanced electronic signature to another person on the basis of any administrative document or power of attorney (Article 185 of the Civil Code of the Russian Federation), but only indicates the technical possibility of affixing an electronic signature by another person (for example, a technical specialist) with the consent and under the control of the owner of the electronic signature verification key certificate. Let us repeat that an electronic signature is analogous to a handwritten signature, the responsibility for the execution of which lies with its owner. Law No. 63-FZ does not directly imply the transfer of the right to use an electronic digital signature from its owner to another person.
In the case of unauthorized use of an digital signature, responsibility for the unlawful consequences of such use may be placed on the owner (see, for example, the resolution of the Leninsky District Court of Vladivostok, Primorsky Territory dated December 8, 2014 in case No. 5-1087/2014).
The system will help you get acquainted with the texts of the documents mentioned in the experts’ response without spending a lot of time on independent analysisGUARANTEE .
