Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF TAJIKISTAN

of May 10, 2002 No. 51

About the electronic document

(as amended on 31-12-2014)

This Law establishes the legal basis of application of electronic documents, determines the main requirements imposed to electronic documents and also the rights, obligations and responsibility of participants of the legal relationship arising in the field of the circulation of electronic documents.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- the electronic document - the information fixed on the machine carrier, and conforming to requirements, the established this Law;

- turnover of electronic documents - the creation, use, storage and exchange of electronic documents performed by means of information and communication technologies;

- the machine carrier - the magnetic disk, magnetic tape, laser disk and other material carriers used for record and storage of information by means of electronic computer facilities;

- other means of identification - other means of identification of the author of the electronic document which can be accepted by legal entities for use in the internal turnover of electronic documents or between them, under approval;

- the author of the electronic document - the physical person or legal entity which constituted on its own behalf or on behalf of other person (according to the order) the electronic document with use of means of information and communication technologies;

- the electronic copy of the paper document - reproduction of the paper document in the electronic and digital form meeting the requirements, the established this Law;

- the electronic copy of the electronic document - the reproduction of the electronic document in electronic and digital form displayed by the invalid means of identification and identifiers of the electronic document which are valid, and in view of the form conforming to requirements, the established this Law;

- the digital signature - the analog of the sign manual intended for identification of person which signed the electronic document, and confirming its authenticity;

- the owner of information systems and networks - the subject having right of possession, uses and orders of information systems and networks.

Article 2. Sphere of the circulation of electronic documents

The electronic document can be used in all fields of activity where the program and technical means necessary for creation, processings, storages, transfer and acceptance of information are used. By means of electronic documents transactions (to sign agreements), to be made calculations, to be performed correspondence, document transfer and other information can be made.

Restrictions for application of electronic documents can be stopped in cases, stipulated by the legislation the Republic of Tajikistan.

Electronic documents can be sent by means of any means of communication, including information systems and networks if it does not contradict the legislation of the Republic of Tajikistan and international to agreements of the Republic of Tajikistan.

Article 3. Subjects of legal relationship in the field of the circulation of electronic documents

As subjects of legal relationship in the field of the circulation of electronic documents the state on behalf of public authorities, legal entities and physical persons, and also the foreign states, the international organizations, foreign legal, physical persons and stateless persons acts.

The relations between subjects in the field of the circulation of electronic documents are governed by agreements according to the legislation of the Republic of Tajikistan.

Article 4. Legislation of the Republic of Tajikistan on the electronic document

The legislation of the Republic of Tajikistan on the electronic document is based on the Constitution of the Republic of Tajikistan and consists of this Law and other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by the Republic of Tajikistan.

Article 5. Public administration and regulation of the circulation of electronic documents

Public administration and regulation of the circulation of electronic documents according to the legislation of the Republic of Tajikistan is aimed at providing protection of the rights and legitimate interests of subjects of legal relationship in the field of the circulation of electronic documents, ensuring information protection during its creation, processing, acceptance, transfer, storage and other purposes.

Public administration and regulation of the relations in the field of the circulation of electronic documents performs the Government of the Republic of Tajikistan.

Chapter 2. Electronic document

Article 6. The main requirements imposed to electronic documents

The electronic document shall conform to the following requirements:

- be created, processed, be accepted, be transferred and be stored by means of program and technical means;

- have the structure established by this Law and contain the details allowing to identify it;

- be provided in the form clear for perception by the person.

Article 7. Structure of the electronic document

The electronic document consists of two integral parts: general and special.

The common part of the electronic document consists of information of component contents of the document and the information about the addressee.

The special part of the electronic document consists of one or several electronic digital signatures or other means which are identifying the originator, and not contradicting the legislation of the Republic of Tajikistan.

Article 8. Forms of submission of the electronic document

The electronic document has the forms of internal and external representation.

Form of internal submission of the electronic document is data recording, constituting the electronic document, on the machine carrier.

Form of external submission of the electronic document is reproduction of the electronic document on the display screen, on paper, or other material object, separable from the machine carrier, in type, available to visual review (without additional technical devices) and the form clear for perception by the person.

Article 9. Originals of the electronic document

The original of the electronic document exists only on the machine carrier. All copies of the electronic document fixed on the machine carrier and identical to one another are originals.

In case one person creates the paper document and the electronic document identical on content, both documents are independent documents.

The electronic document is recognized the original if it contains the digital signature conforming to requirements of the legislation of the Republic of Tajikistan or other means identifying the originator.

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