200803220033亞塞拜然電子文書法(英文版)

                                   ELECTRONIC DOCUMENT LAW

This law determines the legal provisions for circulation of electronic
documents on the territory of Azerbaijan Republic, regulates relations
associated with the creation, usage, storage, transmission and receipt of
information produced with the help of software (programs) and technical
equipment by the state (authority) agencies, local self-governing bodies,
natural and legal persons.
Chapter I. GENERAL PROVISIONS
Article 1. Area of electronic documents circulation.
1.1 Electronic document can be used (applied) in all activity spheres
where software and technical equipment could be applied to create,
use, store, transmit and receive information;
1.2 In cases stipulated by the legislation of Azerbaijan Republic
restrictions can be put on the application of electronic documents.
Article 2. Main definitions
2.1 The following main definitions are used in this Law:
2.1.1 Electronic document - document (containing) information
expressed in an electronic -digital form and having properties
allowing to identify its authenticity;
2.1.2 Machine carrier - material (physical) carrier used to write (create)
and store information with electronic counting equipment
(computers);
2.1.3 Electronic document's sender - natural or legal persons themselves
sending electronic documents or on which behalf they are sent,
with the exception of those which act as intermediaries in relation
to the sent document;
2.1.4 Electronic document's receiver - is a natural or legal person to
whom electronic document is addressed;
2.1.5 Electronic information system - is a collection of software,
equipment, combination of software and equipment, methods and
procedures applied to create, use, transmit, receive, store and check
for completeness the electronic documents;
2.1.6 Information system's participant - person participating in the
circulation of the electronic documents;
2.1.7 Electronic documents circulation - is a collection of processes
utilized to check completeness and validity, in the necessary cases
confirm the receipt of, create, use, transmit, receiv e, store and
apply electronic documents;
2.1.8 Information intermediary - one (person) that sends, receives or
stores electronic messages on behalf of others, which provides also
other services related to these documents;
Article 3. Legislation on electronic document
3.1 Legislation of Azerbaijan Republic on electronic document
consists of Azerbaijan Republic's Constitution, this Law, other
regulatory-normative decrees and intergovernmental (international)
treaties that Azerbaijan Republic is party to.
Chapter 2. ELECTRONIC DOCUMENT
Article 4. Requirements to electronic documents
4.1 Electronic document should meet the following requirements:
4.1.1 be created, used, transmitted and stored with the help (usage) of
technical equipment and program support (software);
4.1.2 have structure meeting the requirements of this Law and properties
allowing its authentication;
4.1.3 presented in an comprehensible form.
Article 5. Electronic document's structure
5.1 Electronic document consists of two inseparable parts: from the
general and especial parts.
5.2 The general part of electronic document consists of information
presenting the content of the document. If the document is
addressed to the specific person, information about this person is
related to the general part.
5.3 The especial part of the electronic document consists of one- or
several-digit electronic signature(s).
Article 6. Forms of the electronic document's expression
6.1 Electronic document has internal and external forms of expression.
6.2 Electronic document's internal form of expression consists of
electronic document's recording made in the mechanical bearer of
information.
6.3 Electronic document's external form of expression consists of
visual and comprehensible outcome (appearance) of the electronic
document on the screen of display, on the paper or other material
object originated (separate) from the mechanical bearer of
information.
Article 7. Original of the electronic document
7.1. All samples of the electronic document endorsed by the electronic
signature are considered as originals. Electronic document cannot
have electronic copies (copies in electronic form).
7.2. If the same person has produced two documents with the same
content, but one of them in an electronic form, and another
(separately from the first) - on the paper, these two documents are
considered as independent. In this case document on the paper is
not considered as a copy of the electronic document.
Article 8. Copy of the electronic document and rules to certify it
8.1. The copy of the electronic document is being created by
certification of its printed (expressed) on the paper external form in
accordance with the rule stipulated by the legislation.
8.2. Certification of the external printed on the paper form of the
electronic document is conducted by the notary office or other
person having the right to conduct notary services;
8.3. Printed on the paper copy (version) of the electronic document
should bear the notification that this is the copy of the respective
electronic document.
8.4. The copy of the electronic document expressed on physical object
originated from the mechanical bearer, but different from the
paper, or paper copy, which was not certified according to the rule,
does not have respective legal force (as a copy of the electronic
document).
Article 9. Legal force of the electronic document
9.1 Electronic document is considered as legal as document expressed
(existing) on the paper and has equal legal force.
9.2 Originals of the electronic document and its copies printed on the
paper in accordance with the requirements of Article 8 of this Law
have equal legal force.
9.3 If legislation of Azerbaijan Republic requires notary verification
and/or official registration of the document, it is not allowed to
present (apply) electronic document or its expressed on the paper
copy.
9.4 Described in the Article 16 of this Law rule of circulation and
book-keeping of information (expressed) in the form of electronic
document is regulated by the formal book-keeping rules and
standards prescribed by the Azerbaijan Republic's legislation.
Article 10. Electronic document presented as material evidence
(exhibit) on the court
10.1 Electronic document is accepted as a written evidence (exhibit) by
the courts of Azerbaijan Republic;
10.2 The presentation of the evidence only in the form of an electronic
document cannot serve as a reason for its rejection.
10.3 When evaluating electronic document as evidence (on the court),
the particularities of its creation, storage, transmission, and also
authenticity and immutability of the electronic documents and
other important cases (conditions) should be taken into account.
Chapter 3. CIRCULATION OF THE ELECTRONIC
DOCUMENT
Article 11. Sending (dispatch) of electronic document
11.1 Electronic document is considered as sent by its sender in the
following cases:
11.1.1 if it was sent by the sender himself/herself;
11.1.2 if it was sent by someone who in the relation to the sent document
is authorized to act on the behalf of the sender;
11.1.3 if it was sent by the information system programmed by the sender
to function automatically.
11.2 If receiver of the electronic document followed in an appropriate
manner to agreed with the sender examination procedure allowing
to prove that the electronic document was dispatched by the sender,
he/she is right by considering the electronic document as one
which was sent by the sender.
11.3 In the following cases receiver of the document cannot consider
them as being sent by the sender:
11.3.1 if during reasonable (rational) period of time receiver has received
from the sender the notification that he/she did no t dispatch the
document;
11.3.2 in the result of fulfillment of the examination procedure shown in
the agreement between sides the receiver knew or had to know
that the electronic document did not leave the sender.
11.3.3 in the result of fulfillment of the examination procedure shown in
the agreement between sides the receiver knew or had to know that
he/she has received distorted electronic document;
11.3.4 in the result of fulfillment of the examination procedure shown in
the agreement between sides the receiver knew or had to know that
the electronic document was received as a result of automatic
repetition of another document.
Article 12. Receipt of the electronic document
12.1. According to the inquiry of the sender or on the basis of the
agreement between sides the (fact of) receipt of the electronic
document should be confirmed by the receiver.
12.2 In case if sender's inquiry or agreement between sides is happening
during electronic document's transmission or before that, the
Article 11.1 of this Law is applied.
12.3 If other cases have not been stipulated in the agreement between
sides, confirmation may be accomplished by any notification of the
receiver (including that of automated) or by any action of the
receiver unequivocally confirming the receipt of the document.
12.4 If other cases have not been stipulated in the agreement between
sides, electronic document is not considered as received until
confirmation has been received.
12.5 If within the time limit stipulated by the sender or envisioned in the
agreement between sides, or if such a time limit was not set, within
reasonable period of time confirmation has not been received, the
sender:
12.5.1 should inform receiver that he/she has not received the
confirmation and identify time period within which confirmation
should be sent to him;
12.5.2 if confirmation has not been received within time frame stipulated
in the Article 11.5.1 of this Law, by informing the receiver may
consider electronic document as not received.
12.6 After the sender has received from the receiver confirmation about
the receipt of the electronic document, respective electronic
document is considered as received by the receiver. (However) this
provision does not certify (affirm) that the content of the received
electronic document is the same as one that was sent.
12.7 In the received notification it should be mentioned that electronic
document comply with the technical requirements agreed between
sides.
12.8 With the exception of relations associated with the dispatch and
receipt of electronic documents, Article 11 of this Law does not
regulate other relations associated with the content of electronic
documents or other issues associated with (coming from) the
confirmation of the receipt of the electronic documents.
Article 13. Timing of the dispatch and receipt of the electronic
document
13.1 If other cases have not been stipulated in the agreement between
sides, starting from the time when the electronic document has
entered into the electronic system which is not controlled by the
sender or anyone acting on behalf of the sender, electronic
document is considered as being sent.
13.2 If other cases have not been stipulated in the agreement between
sides, the moment when the electronic document enters into the
electronic system identified by the sender, is considered as its
receipt time.
Article 14. Storage of the electronic document
14.1 By the observing the following conditions the legislation of the
Azerbaijan Republic or agreements between the sides regarding the
storage of (electronic) documents is ensured:
14.1.1 possessed information provides opportunity for the consequent
usage;
14.1.2 electronic document keeps the same format which it had when it
was created, transmitted and received;
14.1.3 electronic document allows identification of its sender, receiver,
also date and time of its creation or receipt;
14.1.4 if provisions stipulated by the legislation or by the agreement
between sides are observed;
14.2 Envisioned in the Article 10.1 requirements of this Law regarding
storage of the electronic documents are not related to those
electronic documents storage of which is not mandatory.
14.3 In accordance with the Article 10 of this Law legal or natural
persons may use services of other legal and natural persons to store
electronic documents.
14.4 Rules, conditions and particularities to store electronic documents
are stipulated by the respective legislation of Azerbaijan Republic.
Article 15. Protection of the electronic document
15.1 Appropriate software (programs) and technical equipment should
be used to provide necessary level of protection during creation,
usage, transmission and storage of electronic documents.
15.2 During circulation of the electronic documents while using
information systems and networks, the necessary level of the
electronic documents' protection is ensured by the owner of these
systems and networks.
Article 16. Services of the information intermediaries.
16.1 Storage, transmission and receipt of the electronic documents could
be conducted by using services of the information intermediaries.
16.2 Information intermediary does not bear responsibility for content
of stored, transmitted or received electronic documents.
Chapter 4. ORGANIZATION OF THE ELECTRONIC
DOCUMENTS CIRCULATION
Article 17. Principles of electronic documents' circulation's
organization
Application of the electronic documents is conducted according to
the requirements of Azerbaijan Republic's legislation or on the
basis of agreements between sides, which entered into mutual
relations regarding electronic document circulation.
Article 18. Electronic documents content of which consists of
confined (restricted usage) type of information
18.1. The content of the electronic document may consists of information
constituting state, service or commercial secret, also information
distribution of which is prohibited or limited. Rules of usage and
protection measures of such information are regulated by the
legislation of Azerbaijan Republic.
18.2 State agencies, legal and natural persons, and officials admitted by
the legislation of Azerbaijan Republic to work with the electronic
documents envisioned (listed) in the Article 18.1 of this Law are
responsible to take necessary measures to provide security
(protection) of these documents.
18.3 Persons conducting exchange (circulation) of electronic documents
on the basis of signed agreements themselves identify regime of
the access to electronic documents content of which consists of
confidential information, and the system (methods) of its
protection.
Article 19. Requirements to the software (program) and technical
equipment used for electronic documents' circulation
19.1 Electronic information systems providing circulation of the state
owned information or information protection of which is rendered
by the state are subject to the state examination conducted in
accordance with the rules set by authorized state agencies.
19.2 Enciphering means (devices) providing protection to the state
owned confidential information, or to information constituting state
secrets should be allowed to do that by the respective authorized
state agency conducting state policy in the sphere of information's
enciphering protection.
Article 20. Certification of the software and technical equipment
Software and technical equipment used to create, use, transmit,
store and protect electronic documents are certified in accordance
with rules set by the legislation of the Azerbaijan Republic.
Chapter 5. RESPONSIBILITY (LIABILITY) FOR THE
VIOLATION OF THE LEGISLATION REGARDING
ELECTRONIC DOCUMENTS CIRCULATION
Article 21. Responsibility for the violation of the legislation
regarding electronic documents' circulation
21.1 Persons found guilty in violation of legislation regarding
electronic documents circulation bear responsibility in accordance
with the rules set by the Azerbaijan Republic's legislation.
21.2 (Persons found responsible) for non-provision of services to the
persons conducting electronic documents circulation, or provision
of low quality services, also for damage inflicted bear
responsibility in accordance with the legislation of Azerbaijan
Republic.
21.3 Persons having in the course of their official duty performance
access to electronic documents containing information,
dissemination of which is prohibited or limited, bear responsibility
in accordance with the legislation of Azerbaijan Republic.
Chapter 6. CONCLUDING PROVISIONS
Article 22. International treaties
In cases when there is contradiction between this Law and
intergovernmental (international) treaties that Azerbaijan Republic
is party to, international treaties are applied.
Article 23. Coming into effect
This Law is effective from the date of its publication.

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