Unofficial translation
On approval of the Rules for interaction of administrator with the authorized body and other entities electronically
In accordance with paragraph 13 of Article 12 of the Law of the Republic of Kazakhstan dated March 7, 2014 "On rehabilitation and bankruptcy", I HEREBY ORDER:
1. To approve the attached Rules for interaction of administrator and the authorized body and other entities electronically.
2. To declare invalid:
1) order of the Deputy Prime Minister of the Republic of Kazakhstan - Minister of Finance of the Republic of Kazakhstan dated May 6, 2014 No. 208 "On approval of the Rules for participation of a temporary administrator, rehabilitation, temporary and bankruptcy managers electronically in rehabilitation and bankruptcy procedures" (registered in the Register of state registration of regulatory legal acts under No. 9482, published on July 2, 2014 in the information and legal system "Adilet");
2) order of the Minister of Finance of the Republic of Kazakhstan dated March 5, 2015 No. 155 "On amendments to some orders of the Deputy Prime Minister of the Republic of Kazakhstan - Minister of Finance of the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts under No. 10689, published on May 4, 2015 in the information and legal system "Adilet").
3. The State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan, in the manner prescribed by law, to ensure:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) placement of this order on the Internet resource of the Ministry of Finance of the Republic of Kazakhstan;
3) within ten working days after the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan, submission of information to the Department of Legal Service of the Ministry of Finance of the Republic of Kazakhstan on implementation of measures provided for in subparagraphs 1) and 2) of this paragraph.
4. This order comes into effect upon the expiration of ten calendar days after the day of its first official publication.
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First Deputy Prime Minister of the Republic of Kazakhstan – Minister of Finance |
A. Smailov |
| Appendix to the order of the First Deputy Prime Minister of the Republic of Kazakhstan - Minister of Finance of the Republic of Kazakhstan dated April 29, 2020 № 432 |
Rules
for interaction of administrator with the authorized body and other entities electronically
Chapter 1. General provisions
1. These Rules for interaction of the administrator with the authorized body and other entities electronically (hereinafter referred to as the Rules) are developed in accordance with paragraph 13 of Article 12 of the Law of the Republic of Kazakhstan dated March 7, 2014 "On rehabilitation and bankruptcy" (hereinafter referred to as the Law) and determine the procedure for interaction of the administrator with the authorized body and other entities electronically.
2. The following basic concepts are use in these Rules:
1) information and communication network - a set of technical and hardware and software tools for ensuring interaction between information systems or between components, as well as the transfer of information resources;
2) information system - a system of an authorized body designed for storing, collecting, processing, searching, distributing, transmitting and providing information using a hardware and software complex;
3) personal account - an automated workplace of the system user;
4) system user - a temporary administrator, rehabilitation, temporary and bankruptcy managers involved in the collection, processing, storage, transfer, provision, search and distribution of electronic documents;
5) electronic document - a document in which information (data) is provided in electronic digital form and certified by an electronic digital signature;
6) electronic digital signature - a set of electronic digital symbols created by means of an electronic digital signature and confirming the authenticity of an electronic document, its affiliation and invariability of its content.
Chapter 2. Procedure for interaction of user in rehabilitation procedure and bankruptcy procedure electronically
3. Interaction of the user with the authorized body and other entities electronically is carried out through the information system through the user's personal account.
4. The user, to gain access to his personal account, receives an electronic digital signature (hereinafter referred to as EDS) in accordance with the Law of the Republic of Kazakhstan dated January 7, 2003 "On an electronic document and electronic digital signature".
5. After gaining access, the user sends a request to the authorized body and receives information (data) from it regarding the conduct of the rehabilitation procedure and the bankruptcy procedure in the form of electronic documents.
6. Electronic documents are submitted by the user to the authorized body by the information and communication network no later than four o'clock on the last day of the deadline established by the Law for their submission.
7. The authorized body, from the moment the information system accepts electronic documents, immediately sends to the user an electronic notification of acceptance or non-acceptance of information (data).
8. The functions of the authorized body include the acceptance and processing of an electronic document from a user signed by an EDS.
9. User:
1) submits electronic documents to the authorized body;
2) ensures the safety of his workplace from which electronic documents are exchanged;
3) ensures the safety of the personal private EDS key, takes all possible measures to prevent its loss, disclosure, distortion and unauthorized use;
4) within one working day, notifies the authorized body of all cases and suspicions of unauthorized use or distortion of their private EDS key.
Chapter 3. Final provisions
10. Software for compiling and submitting information (data) electronically and updating this software are placed free of charge on the Internet resource of the authorized body on an ongoing basis no later than twenty-five working days before the deadline for submitting information (data).
The software is provided with instructions on how to install it.
11. Material and technical support is carried out by the user independently.
12. Prior to the creation of the information system, the user submits information (data) on the progress to the authorized body and other entities in the manner prescribed by the Law.