Uzbekistan has emerged as one of the most proactive reformers in Central Asia regarding digital governance. Under the “Digital Uzbekistan 2030” strategy, the government has prioritized the elimination of paper-based bureaucracy. The legal system, which is based on civil law, has undergone a significant overhaul to provide a robust foundation for electronic signatures.
Unlike many jurisdictions that allow for a wide variety of “Simple” electronic signatures (like tick-boxes or scanned images), Uzbekistan places a heavy legal emphasis on E-ERI (Elektron Raqamli Imzo), which is a cryptographic digital signature issued by a state-authorized certification authority. This report examines the current legal standing, the 2022 reforms, and the practical limitations of digital signing in the Republic.
Legal Framework
A. The New Law “On Electronic Digital Signature” (2022)
The cornerstone of the current regime is the Law of the Republic of Uzbekistan No. ZRU-793 “On Electronic Digital Signature”, signed on October 12, 2022. This law replaced the outdated 2003 version to better align with international standards (such as UNCITRAL) and modern technology.
Key provisions include:
i. Legal Equivalence: An electronic digital signature (EDS) is legally equivalent to a handwritten signature on a paper document, provided it is verified via a valid certificate.
ii. Ownership: The law clarifies that only one individual can be the holder of a private key, ensuring non-repudiation.
iii. Validity: It establishes that an EDS remains valid for a specific duration (typically 2 years) and must be renewed through the State Tax Committee’s certification centers.
B. Law “On Electronic Document Management” (2004)
This law works in tandem with the EDS law. It defines an “electronic document” as information recorded in electronic form, confirmed by an EDS, and having all the necessary attributes to be identified. It mandates that electronic documents must be stored in a format that ensures their integrity and accessibility for future reference.
C. The Civil Code of Uzbekistan
Article 107 of the Civil Code acknowledges that a transaction may be concluded by the exchange of documents via electronic communication. It specifically allows for the use of electronic digital signatures or other analogues of handwritten signatures in cases provided by law or agreement between the parties.
D. Resolution of the Cabinet of Ministers No. 94
This resolution regulates the specific procedures for the registration and use of EDS by both physical and legal entities. It designates the Scientific-Information Center for New Technologies under the State Tax Committee as the primary operator for issuing certificates.
Documents That Can Be Signed Electronically
Uzbekistan has integrated EDS into nearly every facet of business and civic life:
i. Tax and Financial Reporting: Since 2020, all legal entities and individual entrepreneurs are required to submit tax returns and financial statements exclusively in electronic form using an EDS.
ii. Electronic Invoicing (E-Factura): All business-to-business (B2B) transactions in Uzbekistan must be accompanied by electronic invoices. These invoices are legally void without a valid EDS from both the supplier and the recipient.
iii. Public Services (my.gov.uz): Over 300 government services—including applying for birth certificates, registering a business, and obtaining architectural permits—can be completed using an EDS.
iv. Banking and Credit: Most commercial banks in Uzbekistan allow for the opening of accounts, application for loans, and management of corporate deposits via EDS-protected portals.
v. Customs Declarations: The State Customs Committee utilizes an automated system where all declarations and shipping manifests are signed digitally.
vi. Employment Contracts: Recent amendments to the Labor Code allow for the conclusion of employment contracts via the “Single National Labor System” (my.mehnat.uz) using digital signatures.
Documents That Cannot Be Signed Electronically
Despite the aggressive digitization, certain “high-stakes” documents still require physical presence and a wet-ink signature, often due to the involvement of the state notary system:
i. Inheritance and Wills: Documents related to the succession of property must be executed in the presence of a notary with physical signatures to prevent fraud and verify the psychological state of the testator.
ii. Transactions with Immovable Property: While the application for property registration can be digital, the actual deed of sale or mortgage contract involving real estate typically requires a physical visit to the “Public Services Center” or a Notary for final verification.
iii. Adoption and Marriage: Documents concerning the change of civil status (marriage, divorce, adoption) require the physical presence of the parties at the registry office (ZAGS).
iv. Certain Powers of Attorney: Specifically, those intended for use in foreign jurisdictions or for the sale of vehicles and property often require a notarized paper document.
v. State Secrets: Documents classified as state secrets or involving national security are handled through separate, isolated physical or highly encrypted closed-circuit channels, not the public EDS system.
Notable Changes in the Laws
1. Cloud-Based EDS (2022–2023)
One of the most significant recent changes is the introduction of Cloud EDS. Previously, users had to carry their keys on physical USB tokens (modules). The 2022 Law authorized the storage of private keys on secure government cloud servers, allowing users to sign documents via mobile phones (using the ESI-ID or Mobile-ID systems).
2. Mandatory Mobile-ID Integration
The government introduced a “Mobile-ID” system that identifies citizens by their face (biometrics) and phone number. This system is now legally tied to the EDS framework, allowing for “Simplified EDS” for certain low-risk public services without needing a full cryptographic certificate.
3. Mutual Recognition with Foreign Jurisdictions
The 2022 Law created a legal bridge for the recognition of foreign digital signatures. Uzbekistan is actively working on bilateral agreements (notably with Azerbaijan and Kazakhstan) to recognize each other’s digital certificates for cross-border trade.
Challenges and Technical Requirements
i. Single Operator Model: The State Tax Committee is the primary issuer. While efficient, it creates a single point of failure and a monopoly on certification services.
ii. Cryptographic Standards: Uzbekistan uses the O’z DSt 1106:2009 standard.
Conclusion
Uzbekistan has created one of the most comprehensive digital signature ecosystems in the CIS region. The 2022 Law “On Electronic Digital Signature” has effectively removed the ambiguity surrounding the legality of digital transactions. For a business or individual, the EDS is no longer optional but a central requirement for legal existence in the country. While a few sensitive areas remain reserved for physical signatures, the trajectory suggests that Uzbekistan is moving toward a “digital by default” legal environment.
Disclaimer
The information on this site is for general information purposes only and is not intended to serve as legal advice. Laws governing the subject matter may change quickly, so Flowmono cannot guarantee that all the information on this site is current or correct. Should you have specific legal questions about any of the information on this site, you should consult with a legal practitioner in your area.
References
1. Law of the Republic of Uzbekistan No. ZRU-793 “On Electronic Digital Signature” (October 12, 2022).
2. Law of the Republic of Uzbekistan No. 611-II “On Electronic Document Management” (April 29, 2004).
3. Civil Code of the Republic of Uzbekistan (Part I and II).
4. Labor Code of the Republic of Uzbekistan (New Edition, 2022).
5. Decree of the President of Uzbekistan No. UP-6079 “On Approval of the Strategy ‘Digital Uzbekistan 2030′” (October 5, 2020).
