RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of February 6, 2019 No. 20

About approval of Rules of work with documents in electronic form in archives of state bodies, other organizations

Based on part seven of article 18-1 of the Law of the Republic of Belarus of November 25, 2011 "About archiving and clerical work" the Ministry of Justice of the Republic of Belarus DECIDES: No. 323-Z

1. Approve Rules of work with documents in electronic form in archives of state bodies, other organizations (are applied).

2. Recognize invalid:

the resolution of the Ministry of Justice of the Republic of Belarus of May 11, 2012 No. 120 "About approval of the Instruction about procedure for the organization of work with documents in electronic form in archives of state bodies, other organizations and about recognition No. 36 which voided resolutions of the Ministry of Justice of the Republic of Belarus of June 30, 2010";

the resolution of the Ministry of Justice of the Republic of Belarus of December 30, 2015 No. 226 "About entering of amendments and changes into the resolution of the Ministry of Justice of the Republic of Belarus of May 11, 2012 No. 120".

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

Approved by the Resolution of the Ministry of Justice of the Republic of Belarus of February 6, 2019 No. 20

Rules of work with documents in electronic form in archives of state bodies, other organizations

Chapter 1. General provisions

1. These rules establish operating procedure with documents in electronic form, including with electronic documents (further, unless otherwise specified, - documents in electronic form) in archives of state bodies, other organizations (further - archives of the organizations).

2. Action of these rules extends to the documents in electronic form which are subject to storage in archive of the organization according to the procedure of and during the terms established by the legislation.

Action of these rules extends also to representative offices of the foreign organizations performing the activities in the territory of the Republic of Belarus, regarding establishment of requirements for the organization of accumulating, storage, accounting and use which are formed in the course of their activities of documents for staff of employees of these representations.

Action of these rules does not extend to work with scientific and technical documentation in electronic form.

3. When forming accounting, reporting and information documents of archive of the organization by means of information technologies the form of their external representation shall correspond to the document forms established in appendices to the these rules and Rules of work of archives of state bodies and other organizations approved by the resolution of the Ministry of Justice of the Republic of Belarus of May 24, 2012 No. 143 (further – Rules of work of archives of the organizations).

4. Tasks and functions of archive of the organization for work with documents in electronic form are enshrined in the local legal acts approved by the head of the organization.

Functions of archive of the organization regarding work with documents in electronic form and document storages in electronic form are provided with information system of archive of the organization.

5. In case of storage in archive of the organization of the documents in electronic form containing information of limited distribution the information security system in information system of archive of the organization according to the legislation on information, informatization and information protection is created.

6. The organizations which are sources of completing of the Public Records Offices use the electronic digital signature (further – the EDS) developed with use of personal key which certificate of public key is published in the State management system by public keys of verification of the electronic digital signature of the Republic of Belarus.

Storage of certificates of public keys of the electronic digital signature (further – SOK) and lists of the withdrawn SOK is provided by the service provider.

7. For the purposes of these rules terms in the values determined in the Law of the Republic of Belarus of November 10, 2008 No. 455-Z "About information, informatization and information protection", the Law of the Republic of Belarus of December 28, 2009 No. 113-Z "About the electronic document and the electronic digital signature" and the Law of the Republic of Belarus "About archiving and clerical work" and also the following terms and their determinations are applied:

aggregation – consolidation of some number of documents in electronic form and in need of their metadata in single information object for the subsequent storage;

archive of the organization – the structural division of the organization performing acceptance, storage, accounting and use of archive documents;

the archive copy of information resource – the document in electronic form which is created by replication of information resource on the fixed timepoint or is created on content of information resource in the file format intended for archive storage;

reproduction (visualization) – reproduction of the document in electronic form on electronic means of information display, on paper in shape, available and clear for perception by the person;

information system of archive of the organization – the data storage secure information system including realized on the basis of cloud service, providing long-term storage of documents in electronic form and their metadata in archive of the organization, confirmation of integrity and the authorized access to information containing in them;

information object – data set which can be sent, processed and be stored as a unit;

information packet – the information object of certain structure transferred on network communications or telecommunications as a unit;

converting – data transformation from one format of the file to another;

the control characteristic – hash value for the set information object;

metadata – the data describing managerial context, content, structure of documents in electronic form and management of them during time;

cloud service – complex of the technical and technology solutions providing provision to archive of the organization of computing resources, means of data storage and the software as services with remote access;

object of storage – each file which is integral part of the document in electronic form;

backup copy – the identical copy of information object created by replication and stored in the conditions providing its integrity;

replication – creation of two and more identical copies of information object supplied by own identifiers;

the removable carrier – the electronic medium intended for record, storage and data read-out by computer aids and devices integrated to them;

the file – the identified information object on the electronic medium supported by operating system in the environment of which creation of object is performed and (or) is provided access to it;

file format – method of the coding and the organization of elements of information (bits, bytes) in the file;

digital data representation form – information representation method in the form of the sequence of binary codes (bits) intended for processing by computer aids and devices integrated to them;

electronic case – independent storage unit of documents in electronic form and their metadata logically integrated in the course of aggregation;

emulation – reproduction of work of one system as means another without loss of functionality and misstatements of results for the purpose of reproduction of documents in electronic form.

Chapter 2. Structure of the documents in electronic form which are stored in archive of the organization

8. The archive of the organization is stored:

documents in electronic form permanent, temporary (over 10 years) the storages formed in the course of organization activity including scientific and technical documentation, documents on staff;

archive copies of information resources (databases, websites and another);

documents in electronic form from personal funds of employees of the organization;

explanatory notes to documents of archive of the organization;

documents in electronic form of the reorganized, liquidated organizations in the cases determined by article 19 of the Law of the Republic of Belarus "About archiving and clerical work".

9. The structure of the documents in electronic form which are stored in archive of the organization according to the decision of the head of the organization can join documents in electronic form temporary (up to 10 years) storages.

10. No. 116 is excluded according to the Resolution of the Ministry of Justice of the Republic of Belarus of 30.08.2022

Chapter 3. Tasks and functions of archive of the organization for work with documents in electronic form

11. Tasks of archive of the organization for work with documents in electronic form are:

completing by documents in electronic form;

accounting of documents in electronic form;

ensuring safety and integrity of documents in electronic form during fixed terms of their storage;

creation of system of explanatory notes to documents in electronic form;

use of documents in electronic form;

preparation and document transfer in electronic form on permanent storage;

destruction of documents in electronic form after fixed terms of their storage;

methodical management and the analysis of condition of work with documents in electronic form in structural divisions of the organization and the subordinates (who are part (system) the organizations.

12. The archive of the organization regarding work with documents in electronic form performs the following functions:

constitutes and annually specifies the list of the organizations which are sources of completing of archive of the organization (for the joint archive);

constitutes the passport of archive of the organization;

gives help in creation of the nomenclature of cases of the organization;

exercises control of document creation in electronic form, forming of electronic cases in structural divisions of the organization, in the organizations which are sources of completing of archive of the organization;

performs documents acceptance in electronic form from the structural divisions of the organization and the organizations which are sources of completing of archive of the organization;

performs maintaining accounting documents;

creates system of explanatory notes to documents in electronic form;

performs document storage in electronic form during fixed terms;

ensures safety of documents in electronic form;

provides integrity of documents in electronic form;

provides access to documents in electronic form;

provides protection of documents in electronic form against illegal access according to the legislation on information, informatization and information protection;

performs search and issue of information on documents in electronic form;

performs issue and assurance of form of external submission of electronic documents and copies of documents in electronic form on paper according to the procedure, established by the legislation in the field of archiving and clerical work;

records uses of documents in electronic form;

constitutes inventories of electronic cases permanent, temporary (over 10 years) storages and on staff (further – inventories of electronic cases);

carries out expertize of value of documents in electronic form after fixed terms of their storage, draws up statements of selection to destruction of documents in electronic form and the electronic cases which are not subject to storage;

represents inventories of electronic cases, acts of selection to destruction of documents in electronic form and the electronic cases which are not subject to storage for consideration of the central commission of experts (further – TsEK) or commission of experts (further – EK) to the organization and in the cases established by these rules, other acts of the legislation – the expert and methodical commission of the Public Records Office (further – EMK) or expert survey board (further – EPK) structural division on archives and clerical work regional (Minsk city) executive committee;

performs preparation and document transfer in electronic form on permanent storage;

performs destruction of documents in electronic form by results of examination of value;

provides reception-transmission of documents in electronic form, the electronic cases which are in clerical work and in archive of the organization, and also explanatory notes to them when changing the head of the organization, the head of archive of the organization (person responsible for archive of the organization).

When changing the head of the organization and the head of archive of the organization (person responsible for archive of the organization) the delivery-acceptance certificate of electronic cases and documents in electronic form in form according to appendix 1 is drawn up.

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