of December 22, 2021 No. 154
About electronic trading
Accepted by Jogorku Kenesh of the Kyrgyz Republic on November 3, 2021
1. This Law governs the public relations between physical persons and legal entities in the field of the electronic trading performed using information and communication technologies.
2. This Law establishes requirements in case of registration and making of electronic transactions on sale, purchase and exchange of goods and/or works, and/or services, including exclusive rights on intellectual property items.
3. Operation of this Law does not extend on:
1) the transactions which are subject to the notarial certificate and/or state registration;
2) goods, works and services concerning which restrictions on safety, protection of life and human health, conservation and cultural values are introduced;
3) procedures of carrying out public procurements.
The legislation in the field of electronic trading is based on the Constitution of the Kyrgyz Republic, the Civil code of the Kyrgyz Republic and consists of this Law, other regulatory legal acts of the Kyrgyz Republic, and also come in the procedure established by the law into force of international treaties which participant is the Kyrgyz Republic.
1. Institutes, terms and the determinations of other industries of the legislation of the Kyrgyz Republic used in this Law are applied in that value in what they are used in these industries of the legislation if other is not provided by this Law.
2. In this Law the following main terms, concepts and determinations are used:
1) verification - confirmation on the basis of submission of objective certificates of the fact that the established requirements were fulfilled;
2) the global Internet (further - the Internet) - the global information and telecommunication network connecting information systems and networks of telecommunication of the different countries by means of global address space, Internet Protocol-IP based on use and the protocol of data transmission (Transmission Control Protocol-TCP);
3) protection of electronic documents - protection of electronic documents, protection of integrity, confidentiality and reliability of electronic data, including the data of personal nature and/or trade secret containing in the electronic message or the document, and excluding unauthorized access to such information;
4) online store - the website of the seller or other Internet resource providing sales opportunity of goods and/or works, and/or services;
5) Internet resource - the website (website), the blog, the web channel, web resource, web service, web applications set of the integrated means of technical and hardware-software nature intended for the publication on the Internet, having the unique address allowing to identify it on the Internet;
6) the operator of trade platform - person providing the organizational, information and technical solutions providing interaction of participants of the electronic transaction;
7) the intermediary in electronic trading (further - the intermediary) - the legal entity rendering the accompanying services when making the electronic transaction;
8) the seller in electronic trading (further - the seller) - person performing economic activity by means of information and communication technologies;
9) the smart contract - the civil transaction performed by means of the program code intended for automatic making and/or execution of transactions;
10) trade platform - the set of program and technical means providing sales of goods and/or works, and/or services by means of the Internet;
11) the electronic document - the documentary information provided electronically that is in the type suitable for perception by the person with use of electronic computers;
12) electronic image of the document - information electronically representing the scanned or photographic image of the paper document transformed by means of technical means to electronic form as a unit without modification of contents of the scanned paper document;
13) electronic trading - economic activity on sale, purchase and exchange of goods and/or works, and/or services, including transfer of the right to intellectual property items on the basis of electronic transactions;
14) the electronic transaction - the civil bargain between participants of electronic trading by means of information and communication technologies concluded according to requirements of this Law and the civil legislation of the Kyrgyz Republic;
15) the electronic message - the information transferred or received by means of information and communication technologies;
16) works or services electronically (further - services) - the works or services offered and realized by means of information and telecommunication technologies through the Internet;
17) participants of electronic trading - the party of the electronic transaction which the seller, the operator of trade platform, the buyer and the intermediary of electronic trading are;
18) contractual legal relationship in the electronic transaction - the civil relations arising by means of the conclusion or agreement cancelation between the seller and the buyer according to the procedure, established by the civil legislation of the Kyrgyz Republic.
Electronic trading is performed on the basis of the following principles:
1) providing legitimate rights and obligations of participants of economic activity;
2) legality of implementation of electronic transactions;
3) consumer protection;
4) recognitions of legal force of electronic documents regardless of method of their conclusion and signing;
5) guarantees of judicial protection of the rights and interests of participants of the electronic transaction;
6) freedoms of the conclusion of the agreement.
1. The seller for participation in the electronic transaction and ensuring protection of the rights and consumer interests shall:
To place 1) on the homepage of the Internet resource and/or to give to the operator of trade platform information or the reference to information containing:
a) full name of the legal entity or full name of the individual entrepreneur;
b) legal and actual address, e-mail address, numbers of contact telephone numbers, and also, in case of need, other details of the seller;
d) data on state registration and tax ID number;
e) electronic image of the license if goods or service are subject to licensing;
e) electronic image of the certificate on certification of goods and/or services, documents on confirmation of conformity, test reports if goods or service are subject to certification or declaring of compliance;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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