Legal Issues for Electronic Documents Workflow Regulation

AutorAinur K. Kussainova, Duman O. Kussainov, Bolat S. Zhumagulov, Zhomart K. Simtikov, Baurzhan O. Zhangutin
CargoDoctoral student at the Department of Civil Law and Civil Procedure, Labor Law, Al-Farabi Kazakh National University. Research Theme: 'Civil Law Regulation of Relations in the Field of Electronic Document Management'. His research interests are civil law, business law, contract law, family law. E-mail: kussainova75@yandex.ua. Address: 050040, 7...
Páginas293-318
Legal Issues for Electronic Documents Workflow Regulation (p. 293-318) 293
KUSSAINOVA, A. K.; KUSSAINOV, D. O.; ZHUMAGULOV, B. S.; SIMTIKOV, Z. K.;
ZHANGUTIN, B. O.
Legal Issues for Electronic Documents Workflow Regulati on
.
The Law, State and
Telecommunic ations Review
, Brasilia, v. 12, no. 1, p. 293-318, May 2020.
DOI: https://doi.org/10.26512/lstr.v12i1.30010.
LEGAL ISSUES FOR ELECTRONIC DOCUMENTS
WORKFLOW REGULATION
Submitted
: 10/01/201 9
Ainur K. Kussainova*
Duman O. Kussainov**
Bolat S. Zhumagulov***
Zhomart K. Simtikov****
Baurzhan O. Zhangutin*****
Revised
: 26/02/201 9
Accepted
: 27/02/202 0
Abstract
Purpose
The main purpose of the paper is to analyze the problems of legal r egulation
of relations in the field of electronic doc ument management.
*
D
octoral student at the De partment of Civil Law and Civil Procedure , Labor Law, Al -
Farabi Kazak h National University. Research Theme: Ci vil Law Regulation of Relations
in the Field of Elec tronic Documen t Management . His research in terests are civil law ,
business law, contract law, family law. E-mail:
kussainova75@yandex.ua. Ad dress:
050040, 71 A l-Farabi Ave., Almaty, Republic of Kazakhstan .
**
Associate Professor of the Department of Theory and History of State and Law, Al-
Farabi Kazakh National University. I n 2005 , he defended his dis sertation on the topic:
“Interaction of Branch es of Government in the Pro cess of Ensuring t he Rights and
Freedoms of Citizens in the Repu blic of Ka zakhstan”. His research interests a re
administrative law, constitutional law, the theory of state and la w, and ensuring h uman
rights and freed oms. He is the author of mor e than 100 scientific w orks, among which
there are mono graphs, study guides, text books, and scientific articl es.
***
Associate Profe ssor, Institute of History and Law of the Abai Kazakh National
Pedagogical University. In 2002, he defended her thesis for the degree of can didate of
legal sciences on the topic: “Civil La w Problems of the Institute of Trade Secret in the
Republic of Kazakhstan”. His resear ch interests are civil la w, intellectu al law, contract
law, bus iness law. Hou sing law, family law. He is the au thor of more than 150 sc ientific
works, a mong which there ar e monographs, study guides, textbooks, and scientific
articles.
****
I
nstitute of History and Law, Abai Kazakh National Pedagogical Un iversity. In 2010 ,
he de fended his thesis on Constitutional and Le gal Framework for Limiting the Rights
and Freedoms of Man and Ci tizen in the Rep ublic of Kazakhstan. He is the author of
more than 30 scientific works, among which there are monograp hs, study guides,
textbooks, and scientific articles.
*****
Institute of History and Law, Abai Kazak h N ational Pedagogical University. The
sphere of his scientific interests is the Theory of the State and Law, Constitutional and
Administrativ e Law, Human Rights. He is the author of more than 30 scientific works, 4
textbooks in Kazakh languages, over 10 articles in foreign p ublications. In 2016, he was
awarded with the title of H onorary Work er of Education of the Repu blic of
Kazakhstan”.
294
Legal Issues for Electronic Documents Workflow Regulation (p. 293-318)
KUSSAINOVA, A. K.; KUSSAINOV, D. O.; ZHUMAGULOV, B. S.; SIMTIKOV, Z. K.;
ZHANGUTIN, B. O.
Legal Issues for Electronic Documents Workflow Regulati on
.
The Law, State and
Telecommunic ations Review
, Brasilia, v. 12, no. 1, p. 293-318, May 2020.
DOI: https://doi.org/10.26512/lstr.v12i1.30010.
Methodology/appr oach/design
T he paper employs methods of comp arative law and
analytical, which determine the possibil ity of integrating international standards for the
regulation of e lectronic document flow .
Findings
Electronic d ocument flo w is becoming an integr al part of t he most diverse
areas of e conomic activity of any enterprise. The document flow contains elements of the
general law of regulation and reaffirm s the necessity of follow ing specific instructions . Its
electronic form a llows the information interchange between subj ects of economical a nd
legal activity. This defines the possibilit y of the formation of a separate bra nch of legal
regulation in the document flow . The po ssibility of the structurin g and cor relation of an
informationa l and another branch of t he law for the aim of co mplex usage of an electro nic
document flo w is viewed as a separate a spect.
Practical imp lications
Materia l of the article may be useful in matters of regulation of
the legislative system of document mana gement.
Originality/value
The nove lty of the study is that the article examined in detail the
mechanism of electronic document man agement in different coun tries.
Keywords
: Electronic Doc ument. Digital Signatures. CIS Countries. Federal
Government. I nformational Technologi es.
INTRODUCTION
The modern stage of development of telecommunication and
informational technologies contributes to the formation of a new type of records
management management of electronic documents (Fisher & Harindranath,
2004). We are on the view that the electronic technologies and electronic
document flow concerning the modern records management are necessary to
view as a united problem (Ab et al., 2018). Due to this, common among them is
legal regulation (Duff et al., 1994).
We will point out that, several years ago, for the regulation of the
electronic document flow between its users, the preliminary contracts were made
about the procedure of the document flow and procedures of the conflicts’
solutions, the physical keys and certificates interchange took place (Batura,
2016). However, nowaday s economics requires the implementation of the
legislative significant electronic document flow more effective, witho ut any
previous negotiations between parties (Kindt, 2013a; Kindt 2 013b). It is possible
to implement with the presence of not only developed and international
infrastructure but also dev eloped a normative legal base (Stasis & Demiri,
2017). Even though there are practically no fundamental differences in the
provisions of legislation r egarding the electronic docu ment system and other
information systems of various countries, there are still certain nuances that are
explained by differences in legal systems (Stasis & Demiri, 2017).

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