About an electronic document and an electronic digital signature
The Law of the Republic of Kazakhstan dated January 7, 2003 No. 370.
table of contents
This Law is aimed at regulating relations arising from the creation and use of electronic documents certified by electronic digital signatures, providing for the establishment, modification or termination of legal relations, as well as the rights and obligations of participants in legal relations arising in the field of circulation of electronic documents, including the commission of civil transactions.
Chapter 1. General provisions
Article 1. Basic concepts used in this Law
The following basic concepts are used in this Law:
1) authorized body in the field of informatization – the central executive body responsible for the management and inter-sectoral coordination in the field of informatization and "electronic government";
1-1) authorized body in the field of information security – the central executive body responsible for the management and inter-sectoral coordination in the field of information security;
2) special certification center – an authorized subdivision of the state body of the Republic of Kazakhstan certifying the compliance of the public key of an electronic digital signature with the private key of an electronic digital signature, carrying out activities related to the use of information constituting state secrets;
2-1) accreditation of a special certification center – official recognition by the National Security Committee of the Republic of Kazakhstan of the competence of a special certification center in the implementation of activities;
3) the authorized body in the field of archival affairs and documentation support of management – the central executive body that carries out management in the field of archival affairs and documentation support of management;
4) certification center – a legal entity certifying the compliance of the public key of an electronic digital signature with the private key of an electronic digital signature, as well as confirming the authenticity of the registration certificate;
5) accreditation of the certification center – official recognition by the authorized body in the field of information security of the competence of the certification center in the provision of services;
5-1) special root certification center of the Republic of Kazakhstan – certification center that confirms the ownership and validity of public keys of electronic digital signature of special certification centers;
5-2) certifying center of state bodies of the Republic of Kazakhstan – certifying center serving state bodies, officials of state bodies in information systems and other state information resources of state bodies of the Republic of Kazakhstan;
5-3) the root certifying center of the Republic of Kazakhstan is the certifying center that confirms the ownership and validity of the public keys of the electronic digital signature of the certifying centers;
5-4) a trusted third party of the Republic of Kazakhstan is an information system that, within the framework of cross–border interaction, confirms the authenticity of a foreign electronic digital signature and an electronic digital signature issued on the territory of the Republic of Kazakhstan;
5-5) the national certification center of the Republic of Kazakhstan is a certification center that provides electronic digital signature tools and registration certificates to individuals or legal entities for the formation of electronic documents in state and non–state information systems;
6) signatory – a natural or legal person who legally owns the private key of an electronic digital signature and has the right to use it in an electronic document;
7) an electronic copy of a document is a document that fully reproduces the appearance and information (data) of the original document in electronic and digital form;
8) excluded by the Law of the Republic of Kazakhstan dated December 28, 2017 No. 128-VI (effective after ten calendar days after the date of its first official publication);
9) registration certificate – an electronic document issued by the certification center to confirm compliance of an electronic digital signature with the requirements established by this Law;
10) the owner of the registration certificate is a natural or legal person in whose name the registration certificate was issued, lawfully owning a private key corresponding to the public key specified in the registration certificate;
11) electronic archive – a set of archival electronic documents;
12) electronic document – a document in which information is presented in electronic and digital form and certified by means of an electronic digital signature;
13) electronic document management – the exchange of electronic documents between government agencies, individuals and legal entities;
14) electronic document management system – a system for the exchange of electronic documents, the relations between the participants of which are regulated by this Law and other regulatory legal acts of the Republic of Kazakhstan;
15) participant of the electronic document management system – an individual or legal entity, a state body or an official involved in the processes of collecting, processing, storing, transmitting, searching and distributing electronic documents;
16) electronic digital signature – a set of electronic digital symbols created by means of an electronic digital signature and confirming the authenticity of an electronic document, its ownership and immutability of the content;
17) means of electronic digital signature – a set of software and hardware used to create and verify the authenticity of an electronic digital signature;
18) the public key of an electronic digital signature is a sequence of electronic digital symbols accessible to any person and intended to confirm the authenticity of an electronic digital signature in an electronic document;
19) the private key of an electronic digital signature is a sequence of electronic digital symbols designed to create an electronic digital signature using electronic digital signature tools.
Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 24.11.2015 No. 419-V (effective from 01.01.2016); as amended by the Laws of the Republic of Kazakhstan dated 28.12.2017 No. 128-VI (effective after ten calendar days after the date of its first official publication); dated 16.05.2018 No. 155-VI (effective on ten calendar days after the date of its first official publication); dated 25.06.2020 No. 347-VI (effective after ten calendar days after the date of its first official publication).
Article 2. Legislation of the Republic of Kazakhstan on electronic document and electronic digital signature
The legislation of the Republic of Kazakhstan on electronic document and 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.
If an international treaty ratified by the Republic of Kazakhstan establishes rules other than those contained in this Law, the rules of the international treaty shall apply.
Article 3. Use of a foreign registration certificate and exchange of electronic documents with the participation of foreign individuals and legal entities
When regulating legal relations arising between the certifying center and the owner of a foreign registration certificate, the law of the State in which the registration certificate was issued applies, unless otherwise established by agreement of the parties.
When exchanging electronic documents with the participation of foreign individuals and legal entities, the legislation of the Republic of Kazakhstan applies, unless otherwise established by agreement of the parties.
Article 4. Competence of the Government of the Republic of Kazakhstan
Government of the Republic of Kazakhstan:
1) excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (effective after ten calendar days after its first official publication);
2) excluded by the Law of the Republic of Kazakhstan dated 16.05.2018 No. 155-VI (effective after ten calendar days after the date of its first official publication);
3) defines the powers of the authorized body;
4) excluded by the Law of the Republic of Kazakhstan dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication);
4-1) excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (effective after ten calendar days after the date of its first official publication);
4-2) excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (effective after ten calendar days after the date of its first official publication);
5) exercise other powers provided for by the Constitution, this Law, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
Footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 15.07.2010 No. 337-IV (see Article 2 for the procedure for entry into force); as amended by the Laws of the Republic of Kazakhstan dated 10.07.2012 No. 34-V (effective from the date of its first official publication); dated 03.07.2013 No. 124-V (effective after ten calendar days days after its first official publication); dated 29.09.2014 No. 239-V (effective after ten calendar days after the date of its first official publication); dated 16.05.2018 No. 155-VI (effective after ten calendar days after the date of its first official publication); dated 25.11.2019 No. 272-VI (effective after ten calendar days after the date of its first official publication).
Article 5. Competence of authorized bodies