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RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of February 6, 2019 No. 19

About approval of the Instruction about operating procedure with electronic documents in state bodies, other organizations

Based on the paragraph of the twenty fourth subitem 6.30 of Item 6 of the Regulations on the Ministry of Justice of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1605, the Ministry of Justice of the Republic of Belarus DECIDES:

1. Approve the Instruction about operating procedure with electronic documents in state bodies, other organizations it (is applied).

3. This resolution becomes effective since February 18, 2019.

Minister

O. L. Slizhevsky

Approved by the Resolution of the Ministry of Justice of the Republic of Belarus of February 6, 2019 No. 19

The instruction about operating procedure with electronic documents in state bodies, other organizations

Chapter 1 General provisions

1. This Instruction determines operating procedure with electronic documents in state bodies, other organizations irrespective of pattern of ownership and legal form (further - the organizations), and also establishes general requirements to documentation of management activity by means of automated system of documentary ensuring management (further if other is not established, - the EXPERT of preschool educational institution).

Action of this Instruction extends to the relations connected with the organization of work with the electronic documents (further, if is not established other, - ED) relating to system of organizational and administrative documentation at the following stages:

preparation and approval of the ED project;

signing, registration and control of execution of ED;

inclusion of cases with ED in the nomenclature of cases;

forming of electronic cases;

operational storage of ED;

preparation of ED for transfer to archive of the organization and destruction.

Action of this Instruction extends including to the relations connected with the organization of work of the electronic documents which are not relating to system of organizational and administrative documentation (planned, reporting and statistical, settlement and cash and other systems of documentation), at stages of inclusion of cases from ED in the nomenclature of cases, forming of electronic cases, operational storage of ED, preparation of ED for transfer to archive of the organization and destruction.

2. For the purposes of this Instruction terms and their determinations in the values established by the Law of the Republic of Belarus of December 28, 2009 No. 113-Z "About the electronic document and the electronic digital signature" are used.

3. Regarding the requirements which are not established by this Instruction the Instruction on clerical work in state bodies, other organizations approved by the resolution of the Ministry of Justice of the Republic of Belarus of January 19, 2009 No. 4 is applied.

4. The operating procedure with ED in the organization is determined by the local legal acts approved by the head of the organization after approval of the Public Records Office which source of completing is the organization, or structural division on archives and clerical work of regional executive committee and public institution "Belarusian research center of electronic documentation".

The organizations which are not sources of completing of the Public Records Offices approve the local legal act about operating procedure with electronic documents with the Central commission of experts (further - TsEK) superior organization (in case of its availability).

5. ED consists of two integral parts - general and special.

The common part of ED consists of information constituting contents of the document, including the details of the document created until development of the electronic digital signature (further - the EDS).

The special part of ED consists of one or several EDSs of person (persons) which signed (signatory) ED. Each EDS represents the separate file (information object) which format and structure are established by technical regulatory legal acts.

The special part may contain the additional data necessary for verification of the EDS and identification of ED, including details which are created after signing of ED (date of ED, registration index, the information about person, signatory ED, and other details) and join in registration and control card (further - RKK).

6. The special part of ED is supported by means the EXPERT of preschool educational institution and (or) is located in separate files.

7. The certificate of information constituting common part of ED is performed by signing of ED with use of personal key of person (persons), signatory (signatory) ED (further - personal key).

8. Confirmation of integrity and authenticity of ED is performed by verification of the EDS with use of public key of person (persons) (further - public key) which signed (signatory) ED.

9. Signing of ED and verification of the EDS are performed by application of the certified means of the EDS.

Chapter 2 Procedure for inclusion of electronic documents in the nomenclature of cases

10. The nomenclature of cases is drawn up in form according to appendix 1 and includes all electronic cases, including:

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