of July 29, 2020 No. 18
About approval of Technical requirements to the electronic document and Rules of its address in the automated information system of court
According to part two of Article 133-2 of the Code of civil procedure of the Republic of Kazakhstan of October 31, 2015, I ORDER:
2. To provide to department of coordination of work of local courts 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) placement of this order on official Internet resource of the Supreme Court of the Republic of Kazakhstan.
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
Ministry of digital development, defense and aerospace industry of the Republic of Kazakhstan
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 July 29, 2020 with No. 18
1. These Technical requirements to the electronic document and Rules of its address in the automated information system of court (further – Rules) are developed according to Article 133-2 of the Code of civil procedure of the Republic of Kazakhstan (further - GPK), the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget (Tax code)" (further – the Tax code), the Law of the Republic of Kazakhstan "About the electronic document and the digital signature", the Law of the Republic of Kazakhstan "About informatization" and determine requirements to the electronic document, procedure for its giving of registration and the address in the automated information and analytical system of judicial authorities of the Republic of Kazakhstan (further – AIAS WITH).
2. Action of Rules does not extend to electronic documents of limited distribution marked "For office use" and (or) the containing data constituting the state secrets of the Republic of Kazakhstan.
3. In these rules the following basic 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 (further – the EDS) – 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;
4) electronic archive – set of archive electronic documents;
5) the EDS QR code – the optical tag which is read out by machine containing information on the electronic document to which it is tied, and about its signing by the EDS.
4. The electronic document is created electronically without preliminary documentation on paper.
5. Admissible formats of the copies of documents attached to the electronic document are:
1) doc, docx;
2) pdf, jpeg;
6. Each separate document shall be presented in the form of the separate file. The name of the file shall allow to identify the document. The size of each file of the electronic document shall not exceed 10 Megabytes.
7. The used document format in electronic form shall provide availability and integrity of the text according to the Law of the Republic of Kazakhstan of January 7, 2003 to No. 370-II "About the electronic document and the digital signature".
8. The electronic document shall have all details established for the similar paper document. The exception constitutes the image of the State Emblem, and also prints of seals and stamps.
9. The documents created on paper and in electronic form identical on content, have identical legal force. In this case the paper document is not the copy of the electronic document.
10. The electronic document is signed by the EDS of person who is specified in the text of the electronic document as person, it signed or his representative to availability of powers on signing.
Submission to court of the electronic documents signed by the EDS of person who is not specified in the text of the electronic document as person which signed it is not allowed.
11. The electronic copy of the document is created by scanning.
Scanning of the paper document shall be made in scale 1:1 in the black-and-white or gray color (quality of 200-300 dots per inch) providing preserving all details and authentic signs of authenticity namely: graphical signature of person, seal and angular stamp of the form (in the presence). Scanning in the mode of complete color rendition is performed in the presence in the document of color graphical representations or the color text, in case of need for consideration of the case.
12. The files and data containing in the electronic document shall be available to work, are admissible for copying and seal, without content of interactive and multimedia elements, the implemented scenarios in programming languages.
13. 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 electronic services of the Legal proceedings service:
1) submission of the action for declaration in court;
2) filing of application about issue of the judicial protocol in electronic form;
3) submission of the electronic statement note on the protocol of judicial session.
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