Concept of Electronic Document in Turkmenistan

BUSINESS TURKMENISTAN
Concept of Electronic Document in Turkmenistan
An electronic document may be sent by any means of communication, if it does not contradict the legislation of Turkmenistan and international treaties of Turkmenistan.

According to the law of Turkmenistan “On Electronic Document”, an electronic document is information recorded on a machine medium, certified by an electronic digital signature in accordance with the procedure for creating such a signature.

Legislation of Turkmenistan on electronic document

The legislation of Turkmenistan on electronic document consists of the Law of Turkmenistan “On Electronic Document” and other regulatory legal acts of Turkmenistan issued in accordance with it.

Scope of the Law of Turkmenistan on Electronic Document

The Law of Turkmenistan "On Electronic Document" applies to individuals and legal entities engaged in the creation, processing, storage, transmission and reception of electronic documents on the territory of Turkmenistan.

State regulation in the field of electronic documents circulation

State regulation in the field of circulation of electronic documents is carried out by the Cabinet of Ministers of Turkmenistan and other state bodies in accordance with their competence.

State regulation in the field of electronic documents circulation is aimed at:

State regulation in the field of electronic documents circulation is aimed at:

  • implementation of a unified state policy in the field of circulation of electronic documents;
  • ensuring the rights and legitimate interests of users of electronic documents;
  • legal support for the technology of creation, processing, storage, transmission and reception of electronic documents;
  • creation and development of a reliable and secure payment system using electronic documents;
  • ensuring the security and protection of information during its creation, processing, storage, transmission and reception.

Basic requirements for electronic document

An electronic document must meet the following requirements:

  • created, processed, stored, transmitted and received using software and hardware;
  • contain details allowing to confirm its authenticity and integrity;
  • be displayed (reproduced) in a form understandable to human perception.
  • the normative legal acts of Turkmenistan may establish the requirements that the electronic document conform to the established format.

Application of electronic document

An electronic document can be used in all fields of activity that use electronic equipment, software and hardware to create, process, store, transmit and receive information.

An electronic document can be used to transmit messages and other information, carry out correspondence, used in transactions, and also as a payment document. The legislation of Turkmenistan may establish cases of restrictions on the use of electronic documents.

An electronic document may be sent by any means of communication, if it does not contradict the legislation of Turkmenistan and international treaties of Turkmenistan.

Legal force of electronic document

An electronic document complying with the requirements of the law of Turkmenistan “On Electronic Document” shall be recognized as having equal legal force with paper documents, sealed with their own handwritten signature, only if the authentication result of the electronic digital signature is positive.

In cases where the legislation of Turkmenistan requires state registration of a document, the original of the electronic document is subject to state registration.

Electronic documents containing information whose distribution is prohibited or restricted

The content of electronic documents may be information that is a state secret, commercial or other protected by law, secret, as well as information the distribution of which is prohibited or limited.

State bodies, enterprises, organizations, institutions, officials, as well as citizens whose functions include working with electronic documents containing the information specified in the first part of this article, are required to provide the necessary measures for its protection in accordance with the legislation of Turkmenistan.