LAW OF UKRAINE

of May 22, 2003 No. 851-IV

About electronic documents and electronic document management

This Law establishes the main organization-legal bases of electronic document management and use of electronic documents.

Section I General provisions

Article 1. Determination of terms

In this Law terms are used in the following value:

the addressee - physical person or legal entity to which the electronic document is addressed;

data - information provided in the form suitable for its processing by electronic means;

the intermediary - physical person or legal entity which in the procedure established by the legislation performs acceptance transfer (delivery), storage, integrity checking of electronic documents for satisfaction of own requirements or renders the corresponding services in the order of other subjects of electronic document management;

the obligatory detail of the electronic document - obligatory data in the electronic document without which it cannot be the basis for its accounting and will not have legal force;

the author of the electronic document - the physical person or legal entity which created the electronic document;

subjects of electronic document management - the author, podpisyvatel, the creator of electronic seal, the addressee and the intermediary acquiring provided by the law or the agreement of the right and obligation in the course of electronic document management.

Article 2. Law coverage

Operation of this Law extends to the relations arising in the course of creation, sending, transfer, obtaining, storage, processing, use and destruction of electronic documents.

Article 3. Legislation on electronic documents and electronic document management

The relations connected with electronic document management and use of electronic documents are regulated by the Constitution of Ukraine, the Civil code of Ukraine, the laws of Ukraine "About information", "About information protection in information communications systems", "About the state secret", "About electronic communications", "About electronic identification and electronic confidential services", "About obligatory copy of documents", "About National Archive Fund and archive organizations", this Law, and also other regulatory legal acts.

If the international treaty of Ukraine which consent to be bound is this the Verkhovna Rada of Ukraine establishes other rules, than provided by this Law rules of the international treaty are applied.

Article 4. State regulation of electronic document management

The Cabinet of Ministers of Ukraine and other executive bodies within the powers determined by the law realize state policy of electronic document management.

State regulation in the field of electronic document management is directed on:

realization of single state policy of electronic document management;

providing rights and legitimate interests of subjects of electronic document management;

normative legal support of technology of processing, creation, transfer, obtaining, storage, use and destruction of electronic documents.

Section II Electronic document

Article 5. Electronic document

The electronic document - the document in which information is fixed in the form of electronic data, including obligatory details of the document.

The structure and procedure for placement of obligatory details of electronic documents is determined by the legislation.

The electronic document can be created, transferred, saved and transformed by electronic means to visual form.

Visual form of submission of the electronic document is display of data which it contains electronic means or on paper in the form suitable for perception of its content by the person.

Article 6. Digital signature and electronic seal

For identification of the author of the electronic document the digital signature can be used.

For confirmation of authenticity of origin and integrity of the electronic document the electronic seal can be used.

Creation of the electronic document comes to the end with imposing of the digital signature and/or electronic seal.

In case of creation of the electronic document with use more than one digital the signature and/or more than one electronic seal its creation comes to the end with imposing of the digital signature or electronic seal by the last subscriber or the creator of electronic seal according to technology of creation of such electronic document.

Subjects of electronic document management use digital signatures and electronic seals in the cases established by the legislation, or by agreement between appropriate subjects.

The procedure for use of the digital signature in bank system of Ukraine and the markets of non-bank financial services, state regulation and supervision of activities on which is exercised by the National Bank of Ukraine, and also when rendering payment services is determined by the National Bank of Ukraine.

The procedure for use of the digital signature by members of the capital markets and professional participants of the organized goods markets is determined by the National commission on securities and the stock market.

Article 7. Original of the electronic document

The original of the electronic document the electronic copy of the document with obligatory details, including with the digital signature of the author or the signature equated to the sign manual according to the Law of Ukraine "About electronic identification and electronic confidential services" is considered.

In case of the direction of the electronic document to several addressees or its storage on several electronic media of information each of electronic copies is considered the original of the electronic document.

If the author created the electronic document and the document, identical on documentary information and details, on paper, each of documents is the original and has identical legal force.

The original of the electronic document shall give the chance to prove its integrity and reliability according to the procedure, determined by the legislation; in the cases determined by the legislation it can be shown in visual form of display, including in the paper copy.

The electronic copy of the electronic document makes sure according to the procedure, established by the law.

The copy of the document on paper for the electronic document is the visual representation of the electronic document on paper certified according to the procedure, established by the legislation.

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