Instruction on procedure of reception and recording of electronic writs and other electronic documents, forwarded through the portal of the “electronic government” of the Republic of Kazakhstan

Instruction on procedure of reception and recording of electronic writs and other electronic documents, forwarded through the portal of the “electronic government” of the Republic of Kazakhstan

1. General provisions

1. The present Instruction on procedure of reception and recording of electronic writs and other electronic documents, forwarded through the portal of the “electronic government” of the Republic of Kazakhstan (hereinafter - Instruction) is developed in accordance with the Civil Procedure Code of the Republic of Kazakhstan, Criminal Procedure Code of the Republic of Kazakhstan, Code of the Republic of Kazakhstan «On taxes and other compulsory payments to the budget», Law of the Republic of Kazakhstan «On electronic document and electronic digital signature».

2. The Instruction regulates the procedure of reception, recording and processing in the system «Uniform automated information analysis system of judicial authorities of the Republic of Kazakhstan» of electronic writs, electronic requests on provision of a protocol of a court session, electronic notes on a protocol of a court session, forwarded in the form of an electronic document, as well as preparation and provision of protocols of the court session and judicial acts in the form of an electronic document to applicants to the portal of the «electronic government» of the Republic of Kazakhstan.

3. This Instruction is designed for regional, district and equivalent courts, which consider criminal and civil cases.

4. The following main notions are used in the present Instruction:

1) CPC – Civil Procedure Code of the Republic of Kazakhstan;

2) CPC – Criminal Procedure Code of the Republic of Kazakhstan;

3) Tax Code – Code of the Republic of Kazakhstan «On taxes and other compulsory payments to the budget»;

4) UAIASJA - Uniform automated information analysis system of judicial authorities of the Republic of Kazakhstan;

5) UAIAS Center – integrated UAIASJA sub-system for reception of electronic writs forwarded through the portal of the “electronic government”;

6) PEG – portal of the «electronic government» of the Republic of Kazakhstan;

7) PGEG – payment gateway of the «electronic government» of the Republic of Kazakhstan, which provides an opportunity to pay a state duty;

8) RCC – registration control card.

2. Purpose and objectives of creating the UAIAS Center

5. The UAIAS Center is a part of the UAIAS system and is designed for reception of electronic writs, electronic requests on provision of a protocol of a court session, electronic notes on the protocol of a court session forwarded in the form of an electronic document through the PEG, as well as provision of protocols of a court session and judicial acts in the form of an electronic document to applicants on the PEG.

6. The objective of creating the UAIAS Center is to create an information-telecommunication infrastructure, which provides to citizens an opportunity to hand in electronic writs, electronic requests on provision of a protocol of a court session, electronic notes on the protocol of a court session forwarded in the form of an electronic document, as well as getting the protocol of a court session and judicial acts in the form of an electronic document in accordance with the Criminal Procedure Code and Civil Procedure Code.

3. Characteristics of automation objects

7. Automation objects are processes of reception of electronic applications from citizens and legal persons in the format of an electronic document with their subsequent processing in the UAIAS.

Within the framework of the project the following processes are automated:

1) reception of three types of applications in the format of an electronic document:

electronic writ;

electronic request on provision of a protocol of a court session;

electronic note on the protocol of a court session.

2) provision of a protocol of a court session and judicial act in the form of an electronic document to an applicant to the PEG;

3) formation and delivery to an applicant of electronic notifications, which show a chronology of passing an electronic application in the UAIAS system.

8. Delivery of electronic applications from the PEG to courts, as well as sending notifications of a status of processing of electronic applications and sending from courts of outgoing electronic documents to applicants to the PEG are done through the UAIAS Center  (enclosure 1). 

4. Handing in of electronic applications by applicants

9. Handing in of electronic applications to courts from the PEG (www.egov.kz) is ensured by a relevant electronic service of the PEG. Screen forms of electronic applications are presented in enclosure 2.

10. After the authorization procedure – entering the PEG, an applicant selects one of three electronic services:

1) handing in of an electronic writ;

2) handing in of an electronic request on provision of a protocol of a court session;

3) handing in of an electronic note on the protocol of a court session. 

4.1. Handing in of an electronic writ

11. The service «Handing in of an electronic writ» provides an opportunity to pay a state duty though the PGEG. Certain categories of applicants are exempt from payment of a state duty according to article 541 of the Tax Code.

12. In order to hand in an application an applicant should fill in a form of an electronic writ on the PEG, which contains the following data:

IIN (Individual Identification Number) of an applicant;

surname;

name;

patronymic name;

home address;

region;

court;

field «not to pay» (it is filled in, in case of exempt from payment of a state duty);

categories of cases/complainants, exempt from a state duty according to article 541 of the Tax Code (it is filled in, in case of exempt from payment of a state duty);

amount of a state duty;

full text of a writ;

price of a claim according to article 102 of the Civil Procedure Code (in case of not filling in of this field, it is assumed zero value “0” will be established);

list of documents, which are enclosed to a writ.

13. An applicant encloses a writ and other copies of documents in the form of an electronic document (for this purpose download of files is implemented in the PEG), fill in a form of data of a complainant, if he is a physical or legal person and the form of data of a defendant – who is a physical or legal person. A form of an electronic writ allows entering data of one or several complainants and defendants (physical/legal persons).

14. Data, which were entered in the form of an electronic application and files of documents, sent by an applicant through the PEG, when coming to the UAIAS of a court are automatically placed in the RCC of an incoming document.

15. After entering attributes of an application, in case of necessity an applicant may pay a state duty.

16. After payment an electronic writ is signed with an electronic digital signature of an applicant and sent to the UAIAS Center. 

4.2. Handing in of an electronic request on provision of a protocol of a judicial session

17. In order to hand in an application it is necessary to fill in a form of an electronic request on the PEG on provision of a protocol of a court session and enclose an application and other copies in the form of an electronic document.

18. After entering data and enclosed documents an electronic application is signed with an electronic digital signature of an applicant and sent to the UAIAS Center. 

4.3. Handing in of an electronic note on a protocol of a court session

19. In order to hand in an application an applicant should fill in a form of an electronic note on the PEG on a protocol of a court session and enclose the application and other copies of documents in the form of an electronic document.

20. After entering data and enclosed documents an electronic application is signed with an electronic digital signature of an applicant and sent to the UAIAS Center. 

5. Reception of an electronic application, which came through the PEG

21. After handing in of an electronic application through the PEG the information comes to the UAIAS Center, from which it is sent to the UAIAS of a court, indicated by an applicant.

22. An electronic application is delivered through the PEG to the UAIAS of a court automatically within 30 minutes from the moment of handing in the application.

23. Delivered through the PEG electronic application is placed in the UAIAS of a court as «Incoming correspondence» - «For registration» in the category of documents, which were delivered through the UAIAS. «Module of reception of electronic applications» will be indicated in the column «Correspondent» (author of a message). Screen forms of electronic applications in the UAIAS system, which came through the PEG, are presented in enclosure 3.

24. An electronic writ, which came through the PEG, consists of the following documents:

1) RCC of an incoming document;

2) form for a civil case (form 1G);

3) form for a person (parties of the process);

4) form of an electronic document;

5) form of payment of a state duty (electronic payment).

25. An electronic request on provision of a protocol of a court session and electronic note on the protocol of a court session, which came through the PEG, consist of the following documents:

1) RCC of an incoming document;

2) form of an electronic document. 

6. Registration of an electronic application, which came through the PEG

26. An electronic application, which came through the PEG, is registered similar to the registration of documents, which come electronically through the electronic document flow of the UAIAS, i.e. the name of a subdivision as a recipient of a document is indicated, a document is assigned an incoming registration number and other required details are filled in.

27. Information of passing of an electronic application, which came through the PEG to the UAIAS of a court, including such procedures as registration of the electronic application, refusal to register, consideration of the application (Section «Judicial procedure/Consideration») will be sent to an applicant on the PEG through electronic notifications. 

7. Verification of payment of a state duty

28. Payment of a state duty to the UAIAS is verified using a mechanism of verification of receipt of a state duty to the account of a Tax authority.

29. In order to verify payment in the tab «Judicial procedure» of the RCC of an incoming document open a form «Electronic payment» and press the button «Verification of payment», in the opened window «Request for information on payments to the budget» press the button «ОК». When paying the payment to the account of the Tax authority in the opened window «Request for verification of payment to the budget in the system of the Tax Committee of the Ministry of Finance RK» there will be a positive result of the request on confirmation of the payment with required details. In case of absence of the payment in the opened window «Request for verification of payment to the budget in the system of the Tax Committee of the Ministry of Finance RK» there will be a negative result of the request on confirmation of the payment. In case of non-confirmation of the payment it is necessary to do actions according to the norms of the Civil Procedure Code.

30. When verifying payment receipt it should be taken into account that payment of a state duty to the account of a Tax authority, when paying through the PGEG, is made up to three working days. Due to this, verification of the payment in the register of the Tax authority may return a negative result of the verification. 

8. Sending a reply and other judicial documents to an applicant on the PEG

31. When pronouncing a proceeding decision of accepting an electronic writ for a judicial procedure, the issue of verification of powers of a person, who raised a claim, is solved basing on electronic forms of documents, enclosed to the electronic writ. Taking into account the level of implementation of relevant services (e-justice, e-notariat), today verification of powers by virtue of representation and power of attorney can be done only by calling a person, who handed in an electronic writ, to the court, at the stage of preparation of a case to a court trial.

32. In cases, provided for by the norms of the Civil Procedure code and Criminal Procedure Code, a judicial document in the form of an electronic document through the UAIAS of a court is sent to the PEG together with a reply.

33. The delivery procedure of a reply to an electronic application is analogous to the procedure of creation and sending of an outgoing document of the UAIAS.

34. In order to deliver a reply to an applicant it is necessary to fulfill the following compulsory actions:

1) In the RCC of an outgoing document indicate a method of delivery, as «Delivery through the UAIAS:» with the mark «Yes»;

2) In the field «Name of an organization» of the RCC of an outgoing document press the button «List», in the opened window «Correspondents» select in the list of correspondents (recipients) the value «Portal of the electronic government». After selecting a required value in the field «Recipients of this outgoing document» the value «Portal of the electronic government» should be inserted;

3) Establish connection with an incoming electronic application, delivered through the PEG, to which an outgoing reply is prepared. To do this it is necessary to open a tab «Control of execution» of the RCC of the outgoing document, press the button «List» of the section «Connection with earlier registered documents» / «With incoming documents». In the opened window «Selection of a database» select in the list an accounting year of a database «Judicial procedure», then in the opened window «List of incoming documents» find a required incoming document by a registration number and press the button «ОК». After selection of a necessary value in the field «Number of a document, date» a number and date of the incoming document will be inserted.

35. A card of an incoming electronic application, delivered through the PEG, contains unique identification data of an applicant. The procedure of connection of an outgoing reply with the incoming card of the application is compulsory, as when connecting identification data of the applicant are taken from the RCC of the incoming application. In case if the procedure of connection is not fulfilled, then the reply will not be delivered to the applicant on the PEG.

36. After entering all details in the card of an outgoing document, it is necessary to save the card and fulfill the procedure of sending through the UAIAS. To do this press the button «UAIAS JA» / «Prepare for sending through the UAIAS» on the panel of actions. The prepared outgoing document for sending, addressed to an applicant, will be delivered through the UAIAS Center.

37. Upon completion of delivery of an outgoing document an applicant in the section of the PEG «History of obtainment of services» gets information on a current status of processing of his application and sent documents from a court.