Article 1. The basic concepts used in this Law Chapter 1. General provisions The Law on Electronic Document and Electronic Digital Signature

Home / RLA / Article 1. The basic concepts used in this Law Chapter 1. General provisions The Law on Electronic Document and Electronic Digital Signature

The following basic concepts are used in this Law:

1) the authorized body in the field of informatization is the central executive body responsible for the management and inter–sectoral coordination in the field of informatization and e-government;

1-1) authorized body in the field of information security – the central executive body responsible for the management and intersectoral 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 conformity 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 is the official recognition by the National Security Committee of the Republic of Kazakhstan of the competence of a special certification center in carrying out activities;

3) authorized body in the field of archival affairs and documentation management – the central executive body responsible for the management in the field of archival affairs and documentation management;

4) certification center – a legal entity certifying the conformity 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) the accreditation of the certification center is the 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) the special root certification center of the Republic of Kazakhstan is a certification center that confirms the ownership and validity of the public keys of the electronic digital signature of special certification centers;

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

5-3) the root certification center of the Republic of Kazakhstan is a certification center that confirms the ownership and validity of the public keys of the electronic digital signature of the certification centers.;

5-4) trusted third party of the Republic of Kazakhstan – 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) the signatory is a natural or legal person who lawfully 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 ten calendar days after the date of its first official publication);

9) registration certificate is an electronic document issued by a certification center to confirm the compliance of an electronic digital signature with the requirements established by this Law.;

10) the holder of the registration certificate is a natural or legal person in whose name the registration certificate has been issued, who lawfully owns the private key corresponding to the public key indicated in the registration certificate.;

11) electronic archive – a set of archived 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 in the electronic document management system – an individual or legal entity, a government agency 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 affiliation and the immutability of the content;

17) electronic digital signature means – a set of software and hardware tools 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 characters 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 characters designed to create an electronic digital signature using electronic digital signature tools.

The 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 06/25/2020 No. 347-VI (effective ten calendar days after the date of its first official publication).

The Law of the Republic of Kazakhstan dated January 7, 2003 No. 370.

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 electronic document circulation, including civil law transactions.

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Republic of Kazakhstan

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