of May 6, 2014 No. 208
About approval of Rules of participation of the temporary administrator, rehabilitation, interim and bankrupt managing directors of electronic method in procedures of rehabilitation and bankruptcy
According to Item 14 of article 12 of the Law of the Republic of Kazakhstan "About rehabilitation and bankruptcy" of March 7, 2014, PRIKAZYVAYU:
1. Approve the enclosed Rules of participation of the temporary administrator, rehabilitation, interim and bankrupt managing directors of electronic method in procedures of rehabilitation and bankruptcy.
2. To the Tax Committee of the Ministry of Finance of the Republic of Kazakhstan (Dzhumadildayev A. S.) in the procedure established by the legislation to provide:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and official publication in mass media;
2) publication of this order on official Internet resource of the Ministry of Finance of the Republic of Kazakhstan.
The deputy prime minister of the Republic of Kazakhstan -
Minister of Finance of the Republic of Kazakhstan
Approved by the Order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of Finance of the Republic of Kazakhstan of May 6, 2014 No. 208
1. These rules of participation of the temporary administrator, rehabilitation, interim and bankrupt managing directors of electronic method in procedures of rehabilitation and bankruptcy (further - Rules) are developed according to the Law of the Republic of Kazakhstan "About rehabilitation and bankruptcy" (further - the Law) and determine procedure for participation of the temporary administrator, rehabilitation, interim and bankrupt managing directors in procedures of rehabilitation and bankruptcy of electronic method.
2. In these rules the following basic concepts are used:
1) information and communication network - set technical and the hardware and software of ensuring interaction between information systems or between their components, and also transfers of information resources;
2) information system - the system intended for storage, processing, search, distribution, transfer and provision of information using the hardware and software;
3) personal account - the automated workplace of the user of system;
4) the user of system - the temporary administrator, rehabilitation, interim and bankrupt managing directors participating in processes of collection, processing, storage, transfer, search and distribution of electronic documents;
5) the electronic document - the document in which information is provided in electronic and digital form and is certified by means of the digital signature;
6) the digital signature - set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.
3. Interaction of the user with authorized body and other interested persons by electronic method is performed by means of information system through personal account of the user.
4. The user for receipt of access to personal account receives the digital signature (further - the EDS).
5. After receipt of access, the user sends to authorized body and obtains from it information (data) concerning holding rehabilitation procedure and insolvency proceeding in the form of electronic documents.
6. The electronic document signed by the EDS of the user has identical legal force, as well as the document signed on paper.
7. Electronic documents are submitted by the user to authorized body on information and communication network no later than four hours of the last day of the term established by the legislation of the Republic of Kazakhstan on bankruptcy for their delivery.
8. The authorized body from the moment of acceptance by information system of electronic documents without delay sends to the user the electronic notification on acceptance or rejection of information.
9. Acceptance and processing of the electronic document from the user signed by the EDS belongs to functions of authorized body.
1) provides electronic documents in authorized body;
2) ensures safety of the workplace from which exchange of electronic documents is made;
3) ensures safety of the personal closed EDS key, takes all feasible measures for prevention of its loss, disclosure, misstatement and unauthorized use;
4) within one working day is notified by authorized body on all cases and suspicions of unauthorized use or misstatement of the closed EDS key.
11. The software for creation and submission of information by electronic method and updating of this software take place free of charge on Internet resource of authorized body on permanent basis not later than twenty five working days before the term of submission of information.
The software is provided with appendix of instructive material on its installation.
12. Material logistics by the user is performed independently.
13. Before creation of information system by the user information on the course of holding rehabilitation procedure and insolvency proceeding in authorized body and to other interested persons is provided according to the procedure, the established legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy.
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