Electronic Documents’ Transfer and Electronic Signature’s Legal Status in Turkmenistan

BUSINESS TURKMENISTAN
Electronic Documents’ Transfer and Electronic Signature’s Legal Status in Turkmenistan
The form of the certificate of the public key of electronic signature is established by the center of registration and certificate of electronic signature.

Electronic documents are transferred by means of established or direct communication between the electronic information system of the signatory (an intermediary authorized by the signatory to send electronic documents) and the addressee or by establishing communication between these electronic information systems using electronic information systems of intermediaries, or by transfer to storage devices.

Purpose of electronic signature

1. An electronic signature is intended for:

  1. certification of information constituting the general part of the electronic document;
  2. confirmation of the authenticity and integrity of the electronic document.
  3. the information constituting the general part of the electronic document is certified by using electronic digital signature using the personal key of the electronic digital signature of the person signing this document.

2. The authenticity and integrity of the electronic document confirm the validity of the creation of the document by the owner of the personal key of the electronic digital signature, which was not amended.

3. The authenticity and integrity of the electronic document is verified by verifying the signature of the person who signed the electronic document using electronic signature and using the public key of the electronic signature.

4. The use of electronic signatures does not change the procedure for signing contracts and other documents established by the legislation of Turkmenistan for transactions in writing.

5. Notarial acts on authentication of electronic signatures on electronic documents are performed in accordance with the legislation of Turkmenistan.

Legal Status of Electronic Signature

1. An electronic signature is equivalent to the handwritten signature of an individual, including an authorized representative of a legal entity, if:

  1. the signatory rightfully owns the private key used to create the electronic signature;
  2. the electronic signature is valid at the time of signing;
  3. the electronic signature has been authenticated using the public key of an electronic digital signature that has a certificate;
  4. an electronic signature is used in accordance with the information specified in the certificate.

2. A certificate issued to a legal entity without indicating the name of the official authorized to use the public key of electronic digital signature is considered to be issued in the name of the person who, on the basis of constituent documents of the legal entity, acts on its behalf.

3. All copies of an electronic document signed with an electronic signature have the force of the original.

4. Restrictions on the use of electronic signatures are established by the legislation of Turkmenistan.

5. The signatory has the right to transfer the authority to sign with his electronic signature to the duly authorized representative.

6. Creation of electronic signature keys is carried out in accordance with the legislation of Turkmenistan.

7. The personal key of an electronic signature is the property of a person who owns it legally.

A person may have an unlimited number of personal keys of electronic digital signature obtained by him legally.

The owner of the personal key of the electronic digital signature in his interests should keep it secret and ensure its protection against accidental destruction or modification.

8. The public key of the electronic signature is created on the basis of the personal key of the electronic signature by using electronic signature tools.

9. The ownership of the public key of the electronic signature to the owner of the personal key of the electronic signature is verified by the center for registration and certification of electronic signature by issuing an electronic signature (on paper form of a certificate - signature and seal) on the certificate of public key of electronic signature.

10. The certificate of the public key of electronic signature is provided by the owner of the private key of electronic signature or by the person authorized by him to the user of the public key of electronic signature to verify the authenticity of signed electronic documents.

11. The user of the public key of the electronic signature is obliged to ensure the identity of the public key of the electronic signature used by him with the key recorded in the certificate of the public key of the electronic signature.

The form of the certificate of the public key of electronic signature is established by the center of registration and certificate of electronic signature.

12. Certified public keys of electronic signature are distributed by the owner of the private key of electronic signature or by an authorized person for use by all interested parties by:

  1. delivery of the public key certificate of electronic signature personally to the user;
  2. mailing in the form of a document on paper;
  3. mailing in the form of an electronic document.

BT Legal Affairs Department