LAW OF THE REPUBLIC OF UZBEKISTAN

of April 29, 2004 No. 613-II

About electronic commerce

Article 1. Purpose of this Law

The purpose of this Law is regulation of the relations in the field of electronic commerce.

Article 2. Legislation on electronic commerce

The legislation on electronic commerce consists of this Law and other acts of the legislation.

If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about electronic commerce then are applied rules of the international treaty.

Article 3. Electronic commerce

Electronic commerce is the purchase and sale of goods (works, services) performed according to the agreement signed with use of information systems (further - the agreement in electronic commerce).

Article 4. Basic principles of electronic commerce

The basic principles of electronic commerce are:

freedom of implementation of business activity in electronic commerce;

voluntariness of the conclusion of agreements in electronic commerce;

equality of conditions of participation in electronic commerce;

protection of the rights and legitimate interests of participants of electronic commerce.

Article 5. State policy in the field of electronic commerce

State policy in the field of electronic commerce is directed to creation of legal, economic, organizational, technical and other conditions for development of electronic commerce.

The main directions of state policy in the field of electronic commerce are:

support and stimulation of the business activity performed by means of electronic commerce;

creation of conditions for attraction to the sphere of the entrepreneurship performed by means of electronic commerce, investments, modern technologies and the equipment;

ensuring subjects of business activity with the legal, economic, statistical, production and technology, scientific and technical and other information necessary for their activities in the field of electronic commerce;

stimulation of scientific and technical researches, preparation, retraining and advanced training of personnel in the field of electronic commerce;

international cooperation in the field of electronic commerce.

Article 6. State regulation in the field of electronic commerce

State regulation in the field of electronic commerce is performed by the Cabinet of Ministers of the Republic of Uzbekistan and the state body which is specially authorized by it in the field of electronic commerce (further - specially authorized state body).

Article 7. Powers of the Cabinet of Ministers of the Republic of Uzbekistan in the field of electronic commerce

Cabinet of Ministers of the Republic of Uzbekistan:

provides realization of state policy in the field of electronic commerce;

claims and implements state programs in the field of electronic commerce;

coordinates activities of state bodies in the field of electronic commerce;

provides international cooperation in the field of electronic commerce.

The Cabinet of Ministers of the Republic of Uzbekistan can perform also other powers according to the legislation.

Article 8. Powers of specially authorized state body

Specially authorized state body:

participates in forming and implementation of state programs in the field of electronic commerce;

together with other interested state bodies and other organizations, within the powers, develops and approves standards, regulations and rules of electronic commerce;

develops offers on creation of conditions for development of electronic commerce;

takes measures for protection of the rights and legitimate interests of participants of electronic commerce;

participates in enhancement of the legislation on electronic commerce and ensuring its execution;

will organize researches and monitoring in the field of electronic commerce.

Specially authorized state body can perform also other powers according to the legislation.

Article 9. Legal force of electronic documents and electronic messages in electronic commerce

Electronic documents, and also the information fixed electronically, allowing to identify her sender (further - electronic messages), in electronic commerce are equated to paper documents, signed with own hand, and can be used as the proof of transactions.

The agreement in electronic commerce cannot be nullified only on the ground that it is signed with use of information systems.

The offer in electronic commerce is created in the form of the electronic document.

The answer of the participant of electronic commerce about adoption of the offer (acceptance) can be performed in the form of the electronic document or the electronic message or by making of actions for accomplishment of the conditions containing in the offer.

Article 10. Participant of electronic commerce

The participant of electronic commerce - the legal entity or physical person which is the seller or the buyer of goods (works, services) in electronic commerce.

Seller of goods (works, services) in electronic commerce is the legal entity or the individual entrepreneur.

Participation in electronic commerce cannot be the basis for establishment concerning her participant of requirements or restrictions, additional in relation to the business activity performed without use of information systems if other is not established by the law.

Article 11. Rights and obligations of the participant of electronic commerce

The participant of electronic commerce has the right:

place (to offer) the offer in the information resources functioning for the purpose of electronic commerce;

implement or acquire goods (works, services) by the conclusion of agreements in electronic commerce;

transfer to storage to information intermediaries electronic documents and electronic messages.

The participant of electronic commerce - the seller of goods (works, services) shall:

observe requirements of the legislation on the competition and about consumer protection in case of sales of goods (works, services) in electronic commerce;

provide storage of electronic documents and electronic messages according to the legislation;

respect standards, the rules and rules of electronic commerce.

The participant of electronic commerce – the seller of goods (works, services) has the right to perform electronic commerce from the moment of state registration, and in case of implementation of the licensed types of activity – from the moment of receipt of the corresponding license.

The participant of electronic commerce can have other rights and perform other duties according to the legislation and the agreement.

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