Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 7, 2003 No. 370-II

About the electronic document and the electronic digital signature

(as amended on 25-06-2020)

This Law is directed to regulation of the relations arising during creation and use of the electronic documents certified by means of electronic digital signatures, providing establishment, change or the termination of legal relationship, and also the rights and obligations of participants of the legal relationship arising in the field of the circulation of electronic documents including making of civil transactions.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) authorized body in the field of informatization - the central executive body performing management and cross-industry coordination in the field of informatization and "the electronic government";

1-1) authorized bodies in the field of information security support - the central executive body performing management and cross-industry coordination in the field of information security support;

2) special certification center - the authorized division of state body of the Republic of Kazakhstan certifying the compliance of public key of the electronic digital signature to private key of the electronic digital signature performing the activities connected with use of the data constituting the state secrets;

2-1) accreditation of special certification center - official recognition of homeland security of the Republic of Kazakhstan by Committee of competence of special certification center of activities implementation;

3) authorized body in the field of archiving and documentary ensuring management - the central executive body performing management in the field of archiving and documentary ensuring management;

4) certification center - the legal entity certifying compliance of public key of the electronic digital signature to private key of the electronic digital signature, and also confirming reliability of the registration certificate;

5) accreditation of certification center - official recognition by authorized body in the field of information security support of competence of certification center of rendering services;

5-1) special root certification center of the Republic of Kazakhstan - the certification center performing confirmation of accessory and reality of public keys of the electronic digital signature of special certification centers;

5-2) certification center of state bodies of the Republic of Kazakhstan - the certification center servicing state bodies, officials of state bodies in information systems and other state information resources of state bodies of the Republic of Kazakhstan;

5-3) root certification center of the Republic of Kazakhstan - the certification center performing confirmation of accessory and reality of public keys of the electronic digital signature of certification centers;

5-4) confidential third party of the Republic of Kazakhstan - the information system performing confirmation of authenticity of the foreign electronic digital signature and electronic digital signature issued in the territory of the Republic of Kazakhstan within cross-border interaction;

5-5) national certification center of the Republic of Kazakhstan - the certification center providing means of the electronic digital signature and registration certificates to physical persons or legal entities for forming of electronic documents in the state and non-state information systems;

6) the signing person - the physical person or legal entity which legally is owning private key of the electronic digital signature and having rights to its use in the electronic document;

7) 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;

8)  No. 128-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 28.12.2017;

9) the registration certificate - the electronic document issued by the certification center for confirmation of conformity of the electronic digital signature to requirements established by this Law;

10) the owner of the registration certificate - physical person or legal entity addressed to which the registration certificate legally owning the private key corresponding to the public key specified in the registration certificate is granted;

11) electronic archive - set of archive electronic documents;

12) the electronic document - the document in which information is provided in electronic and digital form and is certified by means of the electronic digital signature;

13) electronic document management - exchange of electronic documents between state bodies, physical persons and legal entities;

14) electronic document management system - system of exchange of electronic documents, the relations between which participants are governed by this Law and other regulatory legal acts of the Republic of Kazakhstan;

15) the member of electronic document management system - the physical person or legal entity, state body or the official participating in processes of collection, processing, storage, transfer, search and distribution of electronic documents;

16) the electronic digital signature - set of electronic digital characters created by means of the electronic digital signature and confirming reliability of the electronic document, its accessory and invariance of content;

17) means of the electronic digital signature - set of the program and technical means used for creation and check of authenticity of the electronic digital signature;

18) public key of the electronic digital signature - the sequence of electronic digital characters available to any person and intended for confirmation of authenticity of the electronic digital signature in the electronic document;

19) private key of the electronic digital signature - the sequence of electronic digital characters intended for creation of the electronic digital signature with use of means of the electronic digital signature.

Article 2. Legislation of the Republic of Kazakhstan on the electronic document and electronic digital signature

1. The legislation of the Republic of Kazakhstan on the electronic document and the electronic digital signature is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

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