THE ORDER OF THE HEAD OF DEPARTMENT ON ENSURING ACTIVITY OF THE COURTS UNDER THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN (THE OFFICE OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN)

of June 9, 2018 No. 6001-18-7-6/188

About approval of Rules of technical application of means of submission of documents in courts in electronic form, their registration, processing, acquaintance with them

According to Item 9 of Article 347 of the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014, I ORDER:

1. Approve the enclosed Rules of technical application of means of submission of documents in courts in electronic form, their registration, processing, acquaintance with them.

2. To provide to department of organization-legal ensuring activities of local courts and offices of Department of ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan):

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it the copy in printing and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on official Internet resource of the Supreme Court of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising deputy manager of Department on ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan).

4. This order becomes effective after day of its first official publication.

Approved by the Order of the Head of Department on ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan) of June 9, 2018 with No. 6001-18-7-6/188

Rules of technical application of means of submission of documents in courts in electronic form, their registration, processing, acquaintance with them

Chapter 1. General provisions

1. These rules of technical application of means of submission of documents in courts in electronic form, their registration, processing, acquaintance with them (further - Rules) are developed according to the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure) and determine procedure for technical application of means of submission of documents in courts in electronic form, their registration, processing, acquaintance with them.

2. Rules are intended for giving in court of electronic documents by means of the web portal of "the electronic government", the Single system of electronic document management of state bodies, the Judicial Office service of Internet resource of the Supreme Court of the Republic of Kazakhstan, registration, processing and acquaintance with them in the automated information and analytical system of judicial authorities of the Republic of Kazakhstan (further - IS WITH).

Action of Rules does not extend to electronic documents of limited distribution and (or) the containing data constituting the state secrets of the Republic of Kazakhstan.

3. In these rules the following concepts are used:

1) the electronic document - the document in which information is provided in electronic and digital form and is certified by means of the digital signature;

2) the electronic copy of the document - the document which is completely reproducing type and information (data) of the authentic document in electronic and digital form;

3) the digital signature - set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.

Chapter 2. Procedure for technical application of means of submission of documents in courts in electronic form

4. Submission of electronic documents in court from the web portal of "the electronic government" is provided with the corresponding electronic service of the specified web portal. After passing of the procedure of authorization, the applicant by means of the Section "Legal assistance" chooses one of three electronic services of the Legal proceedings service:

1) it is excluded

2) filing of application about issue of the judicial protocol in electronic form;

3) submission of the note on the protocol of judicial session.

5. After the choice of type of service transition to the Judicial Office service is performed. The applicant who is not registered in the Judicial Office service upon transition needs to perform registration.

6. The procedure for submission of electronic documents by means of the Single system of electronic document management of state bodies, their registration, and also the notification of applicants of system is performed according to the Rules of documentation, management of documentation and uses of electronic document management systems in the state and non-state organizations approved by the order of the Government of the Republic of Kazakhstan of October 31, 2018 No. 703.

7. The applicant brings into court electronic documents by means of filling of the electronic forms placed in the Judicial Office service.

For submission of electronic documents in court it is necessary to be registered in the Judicial Office service. Authorization in the Judicial Office service is performed by means of the digital signature or individual identification number (further - IIN) / the business and identification number (BIN) and the password.

8. The applicant after passing of the procedure of authorization by means of appropriate section of criminal and administrative trial for the direction of the electronic document chooses one of types of degree of jurisdiction:

1) production in Trial Court;

2) production in Appeal Court;

3) production in court of cassation instance.

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