The Civil Law Regime of an Electronic Document in Business Activity in the Regions of Central Asia

Abstract

This article discusses issues relating to electronic documents in business activities, taking into account the trend in the development of civil legislation and law enforcement practice of Uzbekistan and Kazakhstan. Currently, special attention is paid to international requirements and recommendations on procedures and rules of electronic document management. In particular, the study of mutual recognition between different jurisdictions of electronic digital signatures, the expansion of mutually beneficial cooperation in the field of electronic document management between countries, the creation of unified rules for the recognition of electronic documents, the expansion of the scope of electronic document management, including in the business environment, the widespread use of smart contracts, the use of alternatives to electronic digital signatures (such as QR codes, fingerprints, scanned version of a handwritten signature and others), ensure a level of protection of electronic documents.

In Uzbekistan and Kazakhstan, uniform document management standards have not yet been defined.  In practice, companies, as well as state institutions, use both options – document management using paper and electronic media. That is, both countries are characterized by a hybrid format of office work, which creates inconveniences and unnecessary red tape for processing and forwarding documents, and after receiving an electronic document, it becomes necessary to save a copy of it on paper. Therefore, the reasonable use of an electronic document in business activity is one of priority in civil law research.