Law of Kyrgyz Republic On Electronic Payments and

Law of Kyrgyz Republic ‘’On Electronic Payments and Electronic Digital Signature’’ ALIMAT ALYBAEVA KASIET OMURALIEVA

Accepted in November 17 th, 1999 Consists of 4 Chapters, 13 Articles.

Electronic payment – is a payment, conducted by means of an electronic payment document in accordance with established procedures and the present Law.

The National Bank of Kyrgyz Republic executes functions connected to regulation of the relations on a realization of electronic payments with the purposes of maintenance of efficiency, safety and reliability of a payment system of republic.

Legal Status of the Electronic Payments The non cash settlements between the participants can be used in form of electronic payments. Electronic payments are made on the basis of an agreement or contract by means of transfer of EP documents from sender to recipient along communication channels. The electronic payment, signed by electronic digital signature has a legal status, equal to the legal status of the paper document original.

Requirements to the Electronic Payment Agreement EPs are made on the basis of agreement(contract) between the participants. The contract must be signed in written form and contain : type of payment documents, used at payment; rights and obligations of the parties; responsibilities of the parties; order and procedures of sending and receiving electronic payments; amount of fee for the transaction execution.

Electronic Payment document Electronic Payment Document- is a document, compiled in electronic form, which contains necessary information for payment execution and signed by electronic digital signature.

Electronic Payment Document An electronic payment instrument is made on the basis of the primary paper payment order issued in accordance with the requirements established by the legislation of the Kyrgyz Republic. During the retail payments as primary paper payment documents include documents proving the fact of payment (cashier's checks, receipts, etc. ) Procedure for electronic payments through an electronic payment instrument governed by separate regulations, adopted by the National Bank of the Kyrgyz Republic.

The Law of Kyrgyz Republic on electronic document and electronic digital signature

Passed May 18 th, 2004 Published in the newspaper “Erkin-Too” July 30 th, 2004 Consists of 5 chapters and 25 articles

Chapter 1 General Provisions Article 1: Objectives and Scope this Law 1. Establish a legal basis for the use of electronic documents and electronic signatures. 2. This law applies to State agencies and local governments, as well as businesses and individuals under the jurisdiction of the Kyrgyz Republic 3. This Law does not apply to the use of other electronic analogues of signatures 4. The use of digital signatures is regulated by this Law and other legal acts of the Kyrgyz Republic, and the agreement of the parties.

Article 2: Terms used in this Law Email; electronic digital signature (EDS); EDS tool; public key signature; private key signature; user's public key digital signature; certified public key digital signature (certificate signing key); owner of the signature key certificate (certificate holder); signer; Center for the authentication of EDS (Certification Authority); certificate of a digital signature; authentication signature; print time; Computer media; Electronic document; Information system

Chapter 1 -1 Electronic Document Can be used by individuals and legal entities in all spheres of activity, where applicable software and hardware is needed to create, process, transmit, receive, and store information. Can be sent by any means of communication, including information systems and networks Article 2 -4. Electronic document consists of two integral parts - general and special. Article 2 -5. Electronic document has forms of internal and external representations. Article 2 -6. Original electronic document exists only on storage media. Electronic document can not be used as the original of a certificate of inheritance; wills; a document which can only be created in a single original copy; in other cases stipulated by the legislation of the Kyrgyz Republic. Article 2 -8. Electronic document on storage media equates to a document in paper form and has the same legal effect to it.

Chapter 2 Principles and conditions for the use of electronic digital Signature Article 3. Purpose and legal status of digital signature EDS deemed equivalent to a handwritten signature if: It has been checked for authenticity; Signer is legally using a private key used to generate the digital signature; The signature key certificate is valid at the time of signing. All copies of the email, signed by EDS, are valid as the original. Minors can use electronic digital signature Article 4. Electronic signature EDS is not included to the funds that provide privacy. Article 5. The rights and obligations of the user's public key and owner of the private key of the digital signature Article 6. Signature key certificate Article 7. The storage life of the signature key certificate – at least 5 years

Chapter 3 Certification Centers of public key digital signature Article 8. The legal status of certification authorities Certification Authority may be a legal entity created under the laws of the Kyrgyz Republic. Certificate public key digital signature can be along with other activities of the legal entity. Article 9. The activities of certification authorities Certification center confirms belonging of the public key digital signature to a specific person by issuing a certificate signing key. Certification center must enter data about the certificate owner to a public register of signature key certificates and provide unrestricted access to the registry. Article 10. Obligations of Certification Authority issuing the certificate signing key Article 11. Obligations of the owner accepting key certificate signature

Article 12. The suspension of the certificate signing key Article 13. Cancellation of certificate signing key Certification authority, issued the certificate signing key is required to cancel it at the request of the rightful owner EDS key listed in the certificate, or the owner's representative, duly authorized for the cancellation. Article 14. The termination of the certification authorities Article 15. Protection of personal data Certification center provides protection of personal data of the owner of certificate contained in the documents submitted by the applicant Article 16. Liability of certification authorities Certification center is liable for damages in the amount of actual damages suffered by the person as a result confidence in certificate signing key data that a certification authority was obliged to check and confirm.

Chapter 4 Procedure for the use of digital signature Article 17. The use of digital signatures in government EDS is used by state agencies and local governments in the transmission of information systems and stored in electronic databases of any documents issued by the agency in accordance with its authority. Article 18. The use of digital signatures in corporate information systems The use of EDS in corporate information systems is regulated by internal documents of the system, the agreement between the parties or between the owner of the system and the users (clients). Article 19. The use of digital signatures in the payment system of the Kyrgyz Republic The use of a digital signature in the payment system of the Kyrgyz Republic shall be regulated by appropriate legislation of the Kyrgyz Republic, the regulations of the National Bank of the Kyrgyz Republic, as well as agreements between the participants in the payment system. The National Bank of the Kyrgyz Republic is the certification authority for banks and other financial institutions, whose activities it regulates.

Final Provisions Article 20. Recognition of foreign certificates for public key digital signature Digital signature that can be verified by the public key certificate for having a foreign public key digital signature, issued by the state, which has entered into force in accordance with the law an international treaty to which the Kyrgyz Republic Article 21. The use of electronic messages signed by electronic signature, as evidence in court proceedings Electronic document is recognized proof, equal in significance to the written evidence. Article 22. Responsibility for violation of legislation in the field of electronic records and digital signatures Legal subjects in the field of electronic documents - legal entities and individuals, regardless of ownership, and the nature of the force in the territory of the Kyrgyz Republic in accordance with the legislation of the Kyrgyz Republic shall be held liable for violating the law on the treatment of electronic document Article 23. Resolution of Disputes Shall be settled by court in accordance with the legislation of the Kyrgyz Republic. Article 24. Harmonization of regulatory legal acts in compliance with this Act Government of the Kyrgyz Republic: - Bring the regulations into conformity with this Law; - Adopt regulations to ensure the implementation of this Act. Article 25. The entry into force of this Act This Law shall enter into force on the date of publication.

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