THE ORDER OF THE HEAD OF DEPARTMENT ON ENSURING ACTIVITY OF THE COURTS UNDER THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN (THE OFFICE OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN)

of June 9, 2018 No. 6001-18-7-6/188

About approval of Rules of technical application of means of submission of documents in courts in electronic form, their registration, processing, acquaintance with them

According to Item 9 of Article 347 of the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014, I ORDER:

1. Approve the enclosed Rules of technical application of means of submission of documents in courts in electronic form, their registration, processing, acquaintance with them.

2. To provide to department of organization-legal ensuring activities of local courts and offices of Department of ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan):

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it the copy in printing and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on official Internet resource of the Supreme Court of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising deputy manager of Department on ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan).

4. This order becomes effective after day of its first official publication.

It is approved Minister of information and communications of the Republic of Kazakhstan June 18, 2018

___________ D. Abayev

It is approved Minister of national economy of the Republic of Kazakhstan June 20, 2018

___________ T. Suleymenov

 

Approved by the Order of the Head of Department on ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan) of June 9, 2018 with No. 6001-18-7-6/188

Rules of technical application of means of submission of documents in courts in electronic form, their registration, processing, acquaintance with them

Chapter 1. General provisions

1. These rules of technical application of means of submission of documents in courts in electronic form, their registration, processing, acquaintance with them (further - Rules) are developed according to the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure) and determine procedure for technical application of means of submission of documents in courts in electronic form, their registration, processing, acquaintance with them.

2. Rules are intended for giving in court of electronic documents by means of the web portal of "the electronic government", the Single system of electronic document management of state bodies, the Judicial Office service of Internet resource of the Supreme Court of the Republic of Kazakhstan, registration, processing and acquaintance with them in the automated information and analytical system of judicial authorities of the Republic of Kazakhstan (further - IS WITH).

Action of Rules does not extend to electronic documents of limited distribution and (or) the containing data constituting the state secrets of the Republic of Kazakhstan.

3. In these rules the following concepts are used:

1) the electronic document - the document in which information is provided in electronic and digital form and is certified by means of the digital signature;

2) the electronic copy of the document - the document which is completely reproducing type and information (data) of the authentic document in electronic and digital form;

3) the digital signature - set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.

Chapter 2. Procedure for technical application of means of submission of documents in courts in electronic form

4. Submission of electronic documents in court from the web portal of "the electronic government" is provided with the corresponding electronic service of the specified web portal. After passing of the procedure of authorization, the applicant by means of the Section "Legal assistance" chooses one of three electronic services of the Legal proceedings service:

1) it is excluded

2) filing of application about issue of the judicial protocol in electronic form;

3) submission of the note on the protocol of judicial session.

5. After the choice of type of service transition to the Judicial Office service is performed. The applicant who is not registered in the Judicial Office service upon transition needs to perform registration.

6. The procedure for submission of electronic documents by means of electronic document management system of state bodies, their registration, and also the notification of applicants of system is performed according to the Rules of documentation, management of documentation and uses of electronic document management systems in the state and non-state organizations approved by the order of the Minister for Culture and Sports of the Republic of Kazakhstan of August 25, 2023 No. 236 (it is registered in the Register of state registration of regulatory legal acts for No. 33339).

7. The applicant brings into court electronic documents by means of filling of the electronic forms placed in the Judicial Office service.

For submission of electronic documents in court it is necessary to become authorized in the Judicial Office service by means of the digital signature or individual identification number (further - IIN) / the business and identification number (BIN) and the password.

8. The applicant after passing of the procedure of authorization by means of appropriate section of criminal trial or legal proceedings on administrative offenses for the direction of the electronic document chooses one of types of degree of jurisdiction:

1) production in Trial Court;

2) production in Appeal Court;

3) production in court of cassation instance;

4) production in the Supreme Court.

9. The filed a lawsuit electronic documents are processed in text format (font 14 TimesNewRoman, line spacing).

10. The applicant fills in the electronic application form, claims, petitions, response and other documents conforming to the requirements established by the Code of Criminal Procedure and the Code of the Republic of Kazakhstan about administrative offenses.

11. It is excluded according to the Order of the Head of Department on ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan) of 26.10.2020 No. 22

12. Each electronic document is loaded into system of submission of electronic documents in the form of the separate file. The name of the file provides identification of the document.

The applicant loads files in format * doc, * docx, * pdf, * xlsx. The maximum size of each file does not exceed 20 megabytes.

The multipage document is loaded by one integral file. In case of exceeding of 20 megabytes when loading the multipage document, its separation is allowed.

13. After loading documents make sure the digital signature of the applicant and in the automatic mode are transferred to IS WITH.

14. Confirmation of sending the electronic document is forming of the coupon about sending in which date and time of sending, unique number, and also details of the sender and receiver are specified.

15. The status of registration and the course of consideration of the application, the claim, petition, response and other documents are checked in the My Cases tab.

16. If necessary the applicant in addition directs necessary documents, having used the Send Additional Documents function, and (or) makes surcharge of the state fee by means of the "Send Surcharge of the State Fee" function.

17. It is excluded according to the Order of the Head of Department on ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan) of 26.10.2020 No. 22

18. The applicant in case of submission of the address performs the choice of the Section "Submission of the Address" and fills electronic form. The arrived addresses are considered according to the Administrative procedural Procedure Code of the Republic of Kazakhstan (dalee-APPK).

19. The applicant loads into system of submission of electronic documents the files containing the address and documents attached to him. In case of completion of loading of files the applicant performs check of correctness of the entered data, using possibility of their correction.

20. The address after the certificate is transferred by the digital signature of the applicant in the automatic mode to IS WITH.

21. Confirmation of sending the address is forming of the coupon about sending in which date and time of sending, unique number, and also details of the sender and receiver are specified.

Chapter 3. Registration and processing of the arrived electronic documents

22. The documents sent by the applicant in case of receipt to IS WITH in the automatic mode are transferred to registration control card of the incoming document about what the notification to the applicant goes.

Information on movement of the electronic document which arrived by means of the Judicial Office service (registration, refusal in registration and the status of consideration) is transferred to the applicant to personal account.

In case of the direction of the electronic document by means of the web portal of "the electronic government" information on its movement goes to personal account of the applicant on the web portal of "the electronic government".

23. The electronic document is registered in IS WITH ranking officers of territorial subdivisions of Judicial administration of the Republic of Kazakhstan within one working day.

24. The variation of document registration occurs on the following bases:

1) the enclosed documents are unreadable;

2) the document is directed repeatedly and registered in IS WITH, except for the addresses of subjects to consideration according to APPK earlier;

3) in case of discrepancy of authenticity of the digital signature;

4) the document is not addressed to this court;

5) the documents or materials specified in appendix to statements, claims, petitions and addresses are not enclosed;

6) the enclosed document does not correspond to the chosen Section.

Chapter 4. Acquaintance and result of consideration of the filed documents

25. In the Section "My Cases" it is displayed:

1) viewing of the filed documents;

2) status of consideration of the case;

3) court resolutions.

26. Copies of the electronic documents loaded by the applicant are stored in the Judicial Office service no more than six months.

27. For use the applicant this to function needs to select the Notifications tab and to choose the corresponding notification in which it is possible to study the text of the notification and to download court resolution at the link.

28. It is excluded according to the Order of the Head of Department on ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan) of 26.10.2020 No. 22

29. It is excluded according to the Order of the Head of Department on ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan) of 26.10.2020 No. 22

30. It is excluded according to the Order of the Head of Department on ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan) of 26.10.2020 No. 22

31. It is excluded according to the Order of the Head of Department on ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan) of 26.10.2020 No. 22

32. It is excluded according to the Order of the Head of Department on ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan) of 26.10.2020 No. 22

33. It is excluded according to the Order of the Head of Department on ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan) of 26.10.2020 No. 22

34. It is excluded according to the Order of the Head of Department on ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan) of 26.10.2020 No. 22

35. It is excluded according to the Order of the Head of Department on ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan) of 26.10.2020 No. 22

 

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