(Vidomosti Verkhovnoii Rady (BBP), 2003, № 36, p.275)
This Law regulates main organizational-legal basis for electronic record circulation and use of electronic records.
Article 1. Determination of notions
In this Law terms are used with the following meaning:
Article 2. Sphere of the Law's effect
The effect of this Law covers relations, occurred in the process of creation, sending, transmission, receiving, storing, processing, use and destruction of electronic records.
Article 3. Legislation on electronic records and electronic records circulation
Relations, concerned with electronic records circulation and use of electronic records, are regulated by Constitution of Ukraine (254к/96-ВР), Civil Code of Ukraine (1540-06), Laws of Ukraine "On information" (2657-12), "Protection of information at automated systems" (80/94-ВР), "On State secret" (3855-12), "On communication" (160/95-ВР), "On compulsory copy of documents" (595-14), "On National archival fond and archival institutions" (3814-12), this Law, and other normative-legal acts.
If international agreement of Ukraine, obligation of which is given by Verkhovna Rada of Ukraine, provides rules other from those in this Law, rules of international agreement prevail.
Article 4. Governmental regulation of electronic records circulationThe Cabinet of Ministers of Ukraine and other bodies of executive power within their competence, provided by the law, realize public policy of electronic record circulation.
Governmental regulation of electronic record circulation is destined at:
Article 5. Electronic record
Electronic record - record, information in which is fixed in the form of electronic data, including compulsory metadata for the record.
Content and procedure of placement of compulsory metadata for electronic records is determined by legislation.
Electronic record may be created, transmitted, stored and transformed by electronic means into visual form.
Visual form of electronic record is display of data, contained in the record, by electronic means or on paper in the form, suitable for perception of its content by a person.
Electronic signature is a compulsory metadata of electronic record, which is used for identification of an author and/or person, who signed electronic record by other subjects of electronic records circulation
Putting of electronic signature finishes creating of electronic record.
Relations, concerned with the use of electronic digital signatures, are regulated by the law.
Use of other types of electronic signatures in electronic record circulation is carried out by subjects of electronic record circulation on contractual basis.
Article 7. Original of electronic record
Original electronic record is an electronic record with all compulsory metadata, including electronic digital signature of the author.
In case when electronic record is sent to several addressee or it is stored on several media each electronic copy is considered as original of electronic record.
If the author creates electronic record and record on paper, identical by their documentary information and metadata, each of the records is the original and has equal legal force.
Original of electronic record should provide the opportunity to prove its integrity and accuracy according to the procedure, provided by the legislation; in provided by legislation cases visual display, including on paper, may be submitted.
Electronic copy of electronic record is to be certified according to the procedure, provided by the law.
Copy of the record on paper for electronic record is a visual display of electronic record on paper, certified according to the procedure, provided by the legislation.
Article 8. Legal status of electronic record and its copy
Legal force of electronic record may not be doubted only because of its electronic form.
Acceptability of electronic record as evidence may not be rejected only because of its electronic form.
Electronic record may not be used as an original of the following:
Notarization of civil-legal agreement, concluded by way of creation of electronic records, is carried out according to the legal procedure.
BASIS FOR ELECTRONIC RECORDS CIRCULATION
Article 9. Electronic records circulation
Electronic records circulation (circulation of electronic records) - complex of processes of creation, processing, sending, transmission, receiving, storing, use and destruction of electronic records, which are carried out with the use of integrity check and if necessary with confirmation of receiving of such records.
Procedure of electronic record circulation is determined by governmental bodies, local authorities, enterprises, organizations of all ownership forms according to legislation.
Article 10. Sending and transmission of electronic records
Sending and transmission of electronic records is carried out by the author of intermediary in electronic form by means of informational, telecommunication, informational-telecommunication systems or by sending information media with recorded document.
If author and addressee in written form previously have not agreed on another, date and time of electronic record sending are considered the date and time, when sending of electronic record may not be cancelled by a person, who sent it. In case when electronic record is sent recorded on media, date and time of sending are considered date and time of its passing for sending.
Requirement to confirm receiving of record, provided by legislation in cases, when record was sent with recommended letter or passed against receipt, does not cover electronic records. In such cases confirmation of electronic record receiving is carried out according to provisions of this Law.
Article 11. Receiving of electronic records
Electronic record is considered as received by the addressee, when the author received a notification in electronic form from addressee about receiving of this electronic record, if other is not provided by legislation or prior agreement between subject of electronic records circulation.
If previous agreement between subjects of electronic records circulation does not determine the procedure of confirmation of electronic record receiving, such confirmation may be made according to any procedure by automated or in other way in electronic form or in the form of paper record. Mentioned confirmation should contain data about the fact and date of electronic record receiving and about the sender of this confirmation.
In case when the author does not receive confirmation of receiving of this electronic record, it is considered that the addressee did not receive electronic record.
If the author and addressee previously agreed in writing about other, electronic record is considered as sent by the author and received by the addressee at their location (for natural persons - at their place of residence), including cases, when informational, telecommunication, informational-telecommunication system, via which the record was received, is located at another place. Location (place of residence) of the parts is determined according to legislation.
Article 12. Check of electronic record integrity
Check of electronic record integrity is carried out by checking of electronic digital signature.
Article 13. Storing of electronic records and archives of electronic records
Subjects of electronic record circulation should store electronic records on electronic media in the form, which allow checking records integrity on these media.
Term of storing of electronic records on electronic media should not be less then the term, provided by legislation for corresponding paper records.
In case of impossibility to store electronic records on electronic media within the term, provided by legislation for corresponding paper records, subjects of electronic records circulation should take measures for duplicating records on several electronic media and perform their periodical duplication according to the procedure of registration and copying of records, provided by legislation. If it is impossible to meet mentioned requirements, electronic records should be kept as paper copies of records (if original paper record is not available). When copying electronic records from electronic media it is obligatory to perform check of data integrity on this media.
When storing electronic records it is obligatory to meet the following requirements:
Subjects of electronic record circulation may secure meeting of requirements concerning storing of electronic records through using of intermediary services, including archival institution, if such institution meets the requirements of this article. Creation of archives of electronic records, submission of electronic records to archival institutions of Ukraine and their storing at these institutions is carried out according to the procedure, provided by legislation.
ORGANIZATION OF ELECTRONIC RECORDS CIRCULATION
Article 14. Organization of electronic records circulation
Electronic record circulation is carried out according to legislation of Ukraine or on the basis of agreements, which determine interrelations between subjects of electronic record circulation.
Use of electronic record in civil relations is carried out according to general requirements to carrying out of legal actions, provided by civil legislation.
Article 15. Circulation of electronic records, which contain information of restricted access
Subjects of electronic records circulation, which carry it out on contractual basis, independently determine access mode to electronic records, which contain confidential information, and determine for them system (methods) of protection.
In informational, communication, informational-communication systems, which secure exchange of electronic records, containing publicly owned information or information of restricted access, protection of this information should be secured according to legislation.
Article 16. Rights and obligations of subjects of electronic records circulation
Subjects of electronic record circulation have rights and obligations, provided for them by legislation.
If within the process of electronic records circulation occurs necessity to determine additional rights and obligations of subjects of electronic records circulation, which are not provided by legislation, such rights and obligations may be determined by these subjects on contractual basis.
Article 17. Settlement of disputes between subjects of electronic records circulation
Settlement of disputes between subjects of electronic records circulation is carried out according to the procedure provided by the law.
Article 18. Responsibility for violation of legislation on electronic records and electronic records circulation
Persons, who are guilty of violation of legislation on electronic records and electronic record circulation, account according to the laws of Ukraine.
May 22, 2003
(Vidomosti Verkhovnoii Rady (ВВР), 2003, No. 36, p.276)
This Law determines legal status of electronic digital signature and regulates relations, occurred while using electronic digital signature.
Effect of this Law does not cover relations, occurred while using other types of electronic signature, including handwritten signature, transformed into digital form.
If international agreement of Ukraine, obligation of which is given by Verkhovna Rada of Ukraine, provides rules other from those in this Law, rules of international agreement prevail.
Article 1. Determination of notions
In this Law terms are used with the following meaning:
Article 2. Subjects of legal relations in the sphere of services for electronic digital signature
Subjects of legal relations in the sphere of services for electronic digital signature are:
Article 3. Legal status of electronic digital signature
According to legal status electronic digital signature is equal to sign (seal) manual, when:
Electronic signature may not be considered invalid only because of its electronic form or because it is not based on substantial key certificate.
Article 4. Assignment of electronic digital signature
Electronic digital signature is assigned for securing of activity of natural and juridical persons, which is carried out with the use of electronic records.
Electronic digital signature is used by natural and juridical persons - subjects of electronic record circulation for identification of signer and confirmation of electronic data integrity.
Use of electronic digital signature does not change the procedure of signing of agreements and other documents, provided by the law for performing of legal actions in written form.
Notarial actions for confirmation of authenticity of electronic digital signature in electronic records is carried out according to the procedure, provided by the law.
Article 5. Peculiarities of electronic digital signature use
Governmental bodies, local authorities, public enterprises, institutions and organization for approval of public key validity should use only substantial key certificate.
Other juridical and natural persons may approve on contractual basis validity of public key by key certificate, issued by key certification center, as well as use electronic digital signature without key certificate.
Distribution of loss risks, that may be suffered by signers, users and third persons, who use electronic digital signature without certificate, is to be determined by subjects of legal relations in the sphere of electronic digital signature services on contractual basis.
Protection of rights of consumers of electronic digital signature services, as well as methods of these rights execution are regulated by this Law and the Law of Ukraine "On protection of consumers' rights" (1023-12).
In cases, when according to legislation it is necessary to certify with the seal the authenticity of signature on records and authenticity of copies with originals, one more electronic digital signature of juridical person, made especially for this purpose, is to be put on electronic record.
Procedure of use of electronic digital signature by governmental bodies, local authorities, public enterprises, institutions and organizations is determined by the Cabinet of Ministers of Ukraine.
Procedure of use of electronic digital signature in banking activity is determined by the National Bank of Ukraine.
Article 6. Requirements to key certificate
Key certificate contains the following compulsory data:
Substantial key certificate, except compulsory data, contained in key certificate, should have the sign of substantial key certificate.
Other data may be included into substantial key certificate at its owner's request.
Article 7. Rights and obligations of a signer
Signer has the right:
Article 8. Key certification center
Key certification center may be a juridical persons of any ownership or natural person, which is the subject of business activity, which provide electronic digital signature services and approved its public key at central certification body or certification center, meeting the requirements of article 6 of this law.
Servicing of natural and juridical persons is carried out by key certification center on contractual basis.
Key certification center has the right:
Key certification center is obliged:
Storing of personal keys of a signer and familiarization with them at key certification center is prohibited.
Article 9. Accredited key certification center
Key certification center, which was accredited according to the set procedure, is an accredited key certification center.
Accredited key certification center has the right:
Accredited key certification center should perform all obligations and requirements, provided by legislation for key certification center, and additionally should use for providing of electronic digital signature services reliable media of electronic digital signature.
Procedure of accreditation and requirements, provided for accredited key certification center, are determined by the Cabinet of Ministers of Ukraine.
Article 10. Certification center
If necessary, the Cabinet of Ministers of Ukraine determines certification center of central executive body for securing of registration, approval of personal key validity and accreditation of a group of key certification center, which provide electronic digital signature services to this body and enterprises, institutions and organizations, subordinated to it.
Other governmental bodies, if necessary, at approval of the Cabinet of Ministers of Ukraine, determine their certification centers, assigned for performing of functions, mentioned in part one of this article.
Certification center, relating to a group of key certification centers, mentioned in part one of this article, has the same functions and authorities as central certification body relating key certification centers.
Certification center meets the requirements, provided by legislation for accredited key certification center.
Certification center is registered, approves its public key and is accredited at central certification body.
The Cabinet of Ministers of Ukraine approves Provisions on certification center of central executive body.
Article 11. Central certification body
Central certification body is determined by the Cabinet of Ministers of Ukraine.
Central certification body:
Central certification body meets the requirements, provided by legislation for accredited key certification center.
The Cabinet of Ministers of Ukraine approves Provisions on central certification body.
Article 12. Central Control Unit
Functions of control unit are carried out by specially authorized central executive body in the sphere of cryptographic protection of information.
Control unit checks compliance to requirements of this Law by central certification body, certification bodies and key certification centers.
In case of non-fulfillment or improper fulfillment of obligations and occurrence of violations of requirements, provided by legislation for key certification center and certification center, control unit gives instructions to central certification body to take immediate measures, provided by the law.
Article 13. Cancellation, blocking and renovation of substantial key certificate
Accredited key certification center immediately cancels issued by it key certificate, in case of:
Central certification body immediately cancels substantial key certificate of key certificate center or certification center, in case of:
Central certification body, certification body, accredited key certification center immediately block substantial key certificate:
Cancellation and blocking of substantial key certificate comes into effect at the moment of registration of current, cancelled or blocked substantial key certificates, specifying date and time of this operation performing.
Central certification body, certification body, accredited key certification center immediately inform key owner about cancellation or blocking of its substantial key certificate.
Blocked substantial key certificate is renovated:
Article 14. Termination of key certification center activity
Key certification center terminates its activity according to legislation.
Key certification center informs its signers about decision to terminate its activity within three months prior to termination, if other terms are not provided by legislation. Signers have the right to choose at their own discretion any other key certification center for further maintenance, if other is not provided by legislation. After notification of termination of its activity key certification center has no right to issue key certificates. All key certificates, issued by this key certification center, are cancelled after termination of its activity.
Key certification center, which informed of termination of its activity, is obliged to secure protection of consumers' rights through compensation of money for services, which may not be provided further, but which already had been paid.
Accredited key certification center additionally informs central certification body or corresponding certification body about decision to terminate its activity.
Accredited key certification center within the day, determined as date of its activity termination, passes substantial key certificates, corresponding registers of substantial key certificates and documented information, subject to obligatory passing, to corresponding certification center or central certification center.
Procedure of passing by accredited key certification center of substantial key certificates, corresponding registers of substantial key certificates and documented information, subject to obligatory passing, is determined by the Cabinet of Ministers of Ukraine.
Article 15. Responsibility for violation of legislation on electronic digital signature
Persons, guilty of violation of legislation on electronic digital signature account according to legislation.
Article 16. Disputes settlement
Disputes, occurred in the sphere of services of electronic digital signature, are to be settled according to the procedure, provided by the law.
Article 17. Acknowledgement of foreign key certificates
Foreign key certificates, certified according to legislation of countries, which previously issued such certificates, are acknowledged as valid in Ukraine according to the procedure, provided by the law.
Article 18. Final Provisions
May 22, 2003
Decree of State Committee
on Archives of Ukraine
No. 92, July 8, 2003
Registered in Ministry
of the Justice of Ukraine
Reg. No. 662/7983,
July 31, 2003
1.1. The current Regulations have been formulated in accordance with the Laws of Ukraine "On introduction of changes to the Law of Ukraine "On National Archival Fond and Archival Institutions", "On information" and Provisions on State Committee on Archives of Ukraine, approved by Decree of the President of Ukraine No 486/2000, March 22, 2000.
1.2. State archival institutions (hereinafter referred to as "Archives") provide documents of the National Archival Fond (hereinafter referred to as "NAF"), which belong to the state and territorial communities, for using by physical and juridical persons, create appropriate reference stuff, issue archival certificates, copies of documents and satisfy in other ways inquiries of physical and juridical persons; inform about documents, which contain data that may be used by public and local authorities and by other interested parties; publish, exhibit and popularize in any other way archival documents, as well as perform other functions, destined at effective use of data, contained in documents of NAF.
1.3. Regulations set the procedure for admittance of physical and physical persons for work at reading rooms (sectors for documents using) of archives, their rights and duties, procedure of organization of admittance to documents of NAF for general use, which belong to public and territorial communities, and work with them, as well as copying of NAF documents.
1.4. The effect of these Regulations is applied to central, regional state archives, State Archives of Autonomous Republic of Crimea, local archival departments of city councils, branch-wise state archives, archival subdivisions of public and local authorities, state and public utility institutions, enterprises and organizations, as well as state scientific institutions, museums and libraries.
Procedure of the use of NAF documents, which belong to other owners, is to be set by the owner of documents taking into consideration recommendations of the State Committee on Archives of Ukraine.
1.5. Visiting of archives' reading rooms by users, familiarization with reference stuff and providing of NAF documents, which belong to public and territorial communities, for use by physical persons, according to standards, stated in pp. 3.3, 3.7 of these Regulations, as well as by juridical and physical persons, which passed mentioned documents in custody, are carried out free of charge.
1.6. Chargeable services are provided in accordance with the List of chargeable services, which may be provided by state archival institutions, approved by the Resolution No. 639 of the Cabinet of Ministers of Ukraine on May 7,1998.
1.7. The working schedule of reading room, approved by the decree of archives administration, should correspond to working schedule of the archives, foresee an availability of work on Saturdays and Sundays and at evening hours as well as it should be regulated according to the number of users and frequency of their visits to the reading room.
1.8. On the bases of these Regulations archives administration should work out and approve by its decree the Rules for the use of archives" documents, which would regulate the procedure of NAF documents use by physical and juridical persons in each specific case.
2.1. Persons, intended to use NAF documents, should familiarize themselves with the Rules for the use of archives" documents and fill out a standard statement form. With their signature on statement form they confirm that they are familiar with the Rules and undertake to comply with them. Unregistered persons are not users of NAF documents.
2.2. Foreigners and persons without citizenship staying legally in Ukraine enjoy the same rights of access to NAF documents and have the same duties while using them as citizens of Ukraine.
2.3. Persons, conducting scientific work according to plans of scientific institutions or fulfil official task, provide together with statement form the document, which certifies their authorities to represent user - juridical persons.
2.4. Permit for work of user at reading room is issued by the archival administration for one year from the date of issue.
If the user works on stated topic for more than one year, then at his request the archival administration may extend the term of validity of his permit for work on this topic.
Should any new topic of work be chosen, the user has to fill a new statement form.
2.5. Administration of the archives has the right to reject the permit for work at reading room for a person, who severely violated the procedure of the use of archival documents (illegal access to NAF documents, their spoilage, destruction, falsification, concealment, stealing).
2.6. On the basis of document, identifying the person, after issuance of permit by archival administration, the user receives a pass to archives reading room from director of reading room.
2.7. Worker of reading room makes for each user a file, which includes his statement form, documents use sheet, inquiries as for extension of terms for documents use, copies of rejection of access to documents and other documents, concerning the use of NAF documents.
3.1. Archives provide users according to the topic of their work with copies of NAF documents from fonds for use, and in case of their absence with original documents (files, film-, video- and phono documents), reference stuff (reference books, guide books, inventories, catalogues, directories, card indexes) and other, and at consent of archives administration - accounting documents (fonds' files, registers of fonds' inventories).
Users may use publications, which are kept at reference libraries of archives.
3.2. Documents as well as reference books and other publications are provided on the basis of written order of set standard.
3.3. The user may get daily not more than 5 inventories, 10 boxes of microcopies, 10 files with total number of pages not more than one thousand, 20 pieces of film documents, three hours of sound recordings and four hours of screen time for video-documents and 50 tracings of scientific and technical documentation.
3.4. Files and documents, for which the use fonds exist in archives, subject to availability of certain technical appliances may be issued to reading rooms of archives only in copies.
If the use fond is available, original documents, for the sake of their safety, may be issued only in exceptional cases - for special source studying research, which requires studying of the material from the source of information, studying of external characteristics of the document and others.
3.5. Workers of archival depository are obliged to conduct page mode comparison of units of issues of files before their issuing to user, and workers of reading room - after their return by the user.
3.6. At off time, ordered by the user NAF documents are kept at special bookcase, access to which is granted only for workers of reading room.
3.7. Inventories, other non-replicated archival references are issued to users for the term up to 5 days, copies and publications - up to one month, original NAF documents - up to 10 days, original unique documents and extra-valuable documents - up to 5 days.
Term of use begins on the date of issue of the document from archival depository.
3.8. If the user does not take the document within the term of order, it is returned to archival depository.
3.9. Increase of daily volumes of issued to user documents, extension of term for use of documents and their keeping at reading room before issuing to the user are to be determined by archival administration in every concrete case as paid service.
3.10. Printed publications, issues of inventories, kept at reading rooms of archives, are issued to the user on the date of order.
Term of issue of inventories, files and documents may not exceed 2 working days from the date of order placement, excluding date of order.
At user's request, subject to availability of technical opportunities, ordered documents by the decision of archives administration may be issued immediately as paid service.
3.11. Files and documents, which are in unsatisfactory condition, are issued to users only after carrying out scientific developmental work, repair, restoration, adjustment, preservative and preventive processing and creation of insurance copies.
Term of such limitation may not exceed one year.
3.12. The reason for rejection to issues NAF documents to user may be:
3.13. The user is to be informed about rejection to issue NAF documents in writing, specifying entire reasons for such rejection.
3.14. Users of NAF documents are entitled to:
3.15. Duties of NAF documents users:
4.1. Documents may be issued to archives workers for execution of scheduled work.
4.2. In certain cases as an exclusion due to peculiarities of use of documentary information (showing at exhibitions, preparing of facsimile publications, conducting of comparative source analysis, forensic-investigating activities, intensive urgent use of big information content with certain productive purpose and other) original documents may be issued for temporary use outside archives.
4.3. Request to archives administration should contain the grounds of necessity to provide documents for temporary use, term for which the documents are requested, as well as guarantee of safety of the documents and their timely return.
4.4. Issuing of NAF documents on the permission of the archives administration is officially registered.
4.5. NAF documents are issued for the use outside the archives for the term, which usually does not exceed two months.
Files may be issued to forensic-investigating bodies for temporary use for the term up to six months.
4.6. Extension of set terms for issuing of documents is possible in special case at archives' administration permit. Extension of terms for staying of documents in use out of the archives is possible only on the basis of written confirmation of the user about availability of issued documents and complying with standard conditions of their keeping.
4.7. Archives have the right to check without any preliminary notification the availability and safety conditions of the documents issued for the use outside the archives.
5.1. At users' request and according to technical opportunities archives make xerocopies, microcopies, photocopies, digital copies, copies of films, video- and photo documents of NAF documents.
5.2. Order for copying of NAF documents is to be worked out by the user filling standard form and passing to the worker of reading room
5.3. Copying of documents by the archives is carried out after payment of order costs.
5.5. Terms and methods of copying are to be determined by administration of the archives in concordance with customer taking into consideration availability of technical appliances and state of NAF documents, but may not exceed one month.
5.6. Copying of fonds and collections in full is allowed in exclusive cases under permission of archives' administration
5.7. If the user orders copies of unique or especially valuable NAF documents, and their microcopies or digital copies are available, then they are made only from such copies.
Copying is not available if the user order to copy a NAF documents, which is in unsatisfactory state or if such copying may cause worsening of document's condition
5.8. Copies of NAF documents, made at user's request, may be issued to them or their authorized representatives at archives or mailed to provided address. Postal costs are at user's expense.
5.9. Bringing of copies of NAF documents, made at user's request, out of the archives is to be drawn up with special pass signed by archives administration.
6. Responsibility for violation of Regulations for use of documents of the National Archival Fond of Ukraine, which belong to the state and territorial communities
6.1. Users, who stated untrue information in statement form, untimely informed about changes in information are temporarily, up to one year, deprived of the right to work at reading room of the archives and receive copies of NAF documents.
6.2. By the decision of administration users, violated the Rules for use of documents of the National Archival Fond of Ukraine, which belong to public or territorial communities, may be deprived of their right to visit reading room and receive copies of NAF documents, provided by paragraph 2.5 of these Regulations.
6.3. All disputes are to be loved by court.
6.4. Users, guilty of spoilage, destroying, falsification, concealment and stealing of NAF documents, illegal access to them bear responsibility according to the law.
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