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LAW OF UKRAINE

of November 18, 2021 No. 1907-IX

About public electronic registers

(as amended of the Law of Ukraine of 15.03.2022 No. 2130-IX)

This Law establishes legal, organizational and financial basis of creation and functioning of public electronic registers for the purpose of protection of the rights and interests of physical persons and legal entities during creation, storage, processing and use of information in public electronic registers.

Section I General provisions

Article 1. Scope of the Law

1. Operation of this Law extends to the relations arising in the field of public electronic registers during creation, maintaining, interaction, administration, conversion, modification and the termination of public electronic registers when using register information of national electronic information resource when implementing allowing activities, provision of administrative, social and other public services, maintaining other management activity and state regulation, and also extends to the relations arising during creation, maintaining, interaction, administration of the Unified register of lawyers taking into account the features determined by the Law of Ukraine "About legal profession and lawyer activities".

2. This Law determines:

1) system of public electronic registers and their objects;

2) system of bodies and subjects in the field of public electronic registers;

3) requirements to register information and register data, their status, form and structure, creations, collection, maintaining, processing, storage and use;

4) principles and requirements to creation, maintaining, interaction, administration, conversion, modification and termination of public electronic registers;

5) bases of creation and functioning of system of electronic interaction of electronic resources;

6) the principles of control and responsibility in the field of public electronic registers;

7) financial bases of creation and functioning of public electronic registers.

3. Processing and personal data protection in public electronic registers is performed according to the Law of Ukraine "About personal data protection".

Article 2. Determination of terms

1. In this Law terms are used in such value:

1) the administrator of the public electronic register - the legal entity of the public law which provides functioning and performs the administration of the public electronic register determined by the law or other regulatory legal act according to which the public electronic register is created;

2) the State electronic platform of maintaining public electronic registers (further - the Platform) - the information communications system intended for the process of creation, administration and maintaining public electronic registers unified automated and standardized with use of general design philosophy, programming and information protection in public electronic registers;

3) the holder of the public electronic register - public authority, local government body or self-regulatory organization which provides creation, functioning and maintaining the public electronic register;

4) the identifier - register number of the basic public electronic register which joins in other public electronic registers and/or information communications systems and is used for identification and communication of the corresponding object (the legal and property statuses, things and the rights to them and so forth) with subjects of such public electronic registers and/or information communications systems;

5) the integrated information system (further - IIS) - the multipurpose integrated information communications system which provides logical combination of the electronic information resources or public electronic registers relating to organizational structure of the subject of maintaining the corresponding system, information protection, internal and external information exchange by use of single access point to this IIS;

6) the user of register information (further - the user) - physical person or legal entity, public forming which uses register information according to the procedure of general access, special access and/or electronic information exchange between public electronic registers;

7) processing of register information (processing) - action or set of actions with register data, including collection, fixing, streamlining, structuring, registration, accumulating, storage, use, adaptation, change, recovery, acquaintance, pseudo-anonymization, profiling, depersonalization, disclosure by transfer, distribution or provision of access different way, grouping or combination, restriction, removal or destruction, including with use of information communications systems;

8) the operator of provision of access to register information (further - the operator) - the user authorized on behalf of the holder of the public electronic register to perform processing of register information, including personal data, by provision to other users of access to exchange of register information of the corresponding public electronic register through own information communications system in cases and in amount, determined by the legislation according to which the public electronic register is created;

9) the receiver of register information (further - the receiver) - the user who according to the law has the right to register information according to the procedure of electronic information exchange of public electronic registers;

10) the supplier of register information (further - the supplier) - the holder of the public electronic register and/or information communications system who according to the law provides to the receiver the registration information which is subject to electronic information exchange of public electronic registers;

11) the owner - the person, data on which (its certain legal statuses, the property or non-property rights, things and the rights to them or to other subjects of public electronic registers) are entered in the public electronic register;

12) the public electronic register (the register, the inventory, the register, etc.) (further - the register) - the information communications system providing collection, accumulating, protection, accounting, display, processing of register data and provision of register information;

13) the register of public electronic registers (further - the Register, registers) - the state information communications system intended for forming of the list by registration of information on registers, state and other qualifiers, reference books, technical specifications, etc., obligatory for use, and also information communications systems which provide functioning and/or obtain information from the register according to the procedure of electronic information exchange;

14) registration actions - the operations of the authenticated public logger in the register on registration of subject of the register and introduction of data (changes in them) on the registered subject of the register confirmed with imposing of the qualified digital signature of the public logger;

15) register information - information (including information with limited access) which is created by register software on the basis of register data, metadata and other information provided by this Law or their set;

16) register number - the unique data set (string) which during registration actions is automatically appropriated by register software to subject of such register and identifies it in this register;

17) register data - data on subject of the register which according to the legislation according to which the corresponding register was created are entered in the corresponding database of the register when making registration actions concerning such object;

18) system of electronic interaction of electronic resources (further - System of electronic interaction) - information communications system which on the basis of single rules and data exchange protocols provides exchange of register information;

19) the creator of register information (further - the creator) - the person which within the powers determined by the law creates information on subject of the register for entering into the corresponding register;

20) the technical administrator of the register - the legal entity of the public law which in the limits and amounts defined by the agreement provides maintenance, functioning and administration of the public electronic register;

21) hash logging - automatic creation by means of registers hash structures during implementation of registration actions separately on each subject to such actions and preserving them in the public register together with register number;

22) hash structure - the structured and authenticated settlement string which unambiguously characterize set of register data of subject of the register.

2. The terms "personal data", "personal data processing" in this Law are applied in the values given in the Law of Ukraine "About personal data protection".

3. The terms "information system", "information communications system" in this Law are applied in the values given in the Law of Ukraine "About information protection in information communications systems".

4. The term "information" in this Law is used in the value given in the Law of Ukraine "About information".

5. The terms "European standard", "code of common practice", "interstate standard", "international standard", "national standard", "specifications" in this Law are used in the values given in the Law of Ukraine "About standardization".

6. The terms "administrative service", "center of provision of administrative services" in this Law are used in the values given in the Law of Ukraine "About administrative services".

7. The terms "authentication", "data", "interoperability", "technological neutrality of national technical solutions" in this Law are used in the values given in the Law of Ukraine "About electronic confidential services".

8. The term "national electronic information resource" is used in this Law in the value given in the Law of Ukraine "About the basic principles of ensuring cyber security of Ukraine".

Article 3. The principles of activities in the field of registers

1. Registers are created, conducted, administered for the purpose of accumulating, processing and provision of the relevant information of official recognition in case of creation, storage and use of information in registers, observance of the rights and interests of citizens, their associations, legal entities, territorial communities, public authorities and local government bodies by providing with complete, reliable and up-to-date information about persons, their legal and property statuses, things and the rights to them, including during implementation of allowing activities, provision of administrative, social and other public services, implementation of other management activity and implementation of state regulation, by the technological, economic and corruption safe method, most convenient for users.

2. Maintaining all registers by means of which public authorities, local government bodies, self-regulatory organizations, legal entities of the public law, their officials, other representatives the law of person perform collection, processing and distribution of official information on the subjects of registers provided by this Law and other laws is performed in electronic form according to requirements of this Law, the laws or other acts of the legislation in connection with which they are created, and are public electronic registers.

3. Activities in the field of public electronic registers are based on the following basic principles:

1) unities of methodology of creation, maintaining, administration, registration, interaction and terminations of registers;

2) obligation of registration in registers of objects and introduction of data (changes in them) on the registered objects;

3) edinovremennost of registration and non-admission of registration of register information of one registers in other registers or repeated introduction of identical information (changes in it) about the registered objects;

4) continuity of entering into registers of information on their objects which changes;

5) interoperability of registers;

6) technological neutrality of national technical solutions during creation, maintaining, administration, interaction of registers;

7) guaranteeing by the state and holders of objectivity, relevance, reliability, completeness and security of register data and register information from unauthorized changes;

8) presumptions of reliability of register data and information;

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