of December 19, 2000 No. 54-II
About the electronic document
This Law determines the main requirements imposed to electronic documents, establishes the legal basis of use of electronic documents, and also regulates the legal relationship arising in the field of their address.
For the purpose of this Law the electronic document is understood as the information fixed on the machine carrier, certified by the electronic digital signature according to the procedure of creation of such signature.
The legislation of Turkmenistan on the electronic document consists of this Law and other regulatory legal acts of Turkmenistan published according to it.
This Law extends to the physical persons and legal entities which are engaged in the territory of Turkmenistan in creation, processing, storage, transfer and acceptance of electronic documents.
State regulation in the field of the circulation of electronic documents is performed by the Cabinet of Ministers of Turkmenistan and other state bodies according to their competence.
State regulation in the field of the circulation of electronic documents is directed on:
realization of single state policy in the field of the circulation of electronic documents;
providing rights and legitimate interests of users of electronic documents;
legal support of technology of creation, processing, storage, transfer and acceptance of electronic documents;
creation and development of reliable and safe payment system with use of electronic documents;
safety and information protection during its creation, processing, storage, transfer and acceptance.
The electronic document shall conform to the following requirements:
be created, processed, be stored, be transferred and be accepted by means of program and technical means;
contain the details allowing to confirm its authenticity and integrity;
be displayed (reproduced) in the form clear for perception by the person.
The requirement about compliance of the electronic document to the established format can be established by regulatory legal acts of Turkmenistan.
The electronic document can be used in all fields of activity using the electronic equipment, program and technical means for creation, processings, storages, transfer and acceptance of information.
The electronic document can serve for transmission of messages and other information, correspondence implementation, to be used in case of transactions, and also as the payment document. Cases of restrictions for application of electronic documents can be established by the legislation of Turkmenistan.
The electronic document can be sent by means of any means of communication if it does not contradict the legislation of Turkmenistan and international treaties of Turkmenistan.
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 and have identical legal force.
The original of the electronic document can be fixed in electronic form on the magnetic carrier, separable from machine. Applicability of the magnetic carrier, separable from machine, as the original of the electronic document can be considered in the presence of proofs of accessory to his owner of the electronic digital signature.
Information from the original of the electronic document fixed electronically on the magnetic carrier, separable from machine is the copy of the electronic document. The copy of the electronic document shall be certified according to the procedure, established by the legislation of Turkmenistan and to contain specifying on the fact that it is the copy of the relevant electronic document.
The electronic document conforming to requirements of this Law is recognized having equal legal force with the paper documents fastened with the sign manual only in case of positive result of check of authenticity of the electronic digital signature.
In cases if state registration of the document is required by the legislation of Turkmenistan, then the original of the electronic document is subject to state registration.
The electronic document can be displayed on the screen of the display or is reproduced 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.
If the created electronic document is reproduced identical on content on paper, both documents are recognized independent documents. At the same time the paper document acquires legal force after its autographic signing by the owner of personal key of the electronic digital signature.
Storage of electronic documents is made by senders and receivers of electronic documents, and also the organizations performing archive activities. The originals of electronic documents specified regarding the 2nd article 7 of this Law are subject to storage.
Conditions and features of storage of electronic documents are determined by the legislation of Turkmenistan.
Creation, processing, storage, transfer and acceptance of the electronic document shall meet the safety requirements imposed to specific information system. The main conditions on safety of information systems affirm the Cabinet of Ministers of Turkmenistan.
Persons who are engaged in creation, processing, storage, transfer and acceptance of electronic documents shall use the program and technical means providing the necessary level of protection of these documents.
Technical means of protection against illegal access to all or to part of the program technical means used to creation, processing, acceptance, transfer and (or) storage of electronic documents are established according to requirements of the legislation of Turkmenistan.
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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