Turkmenistan has entered a phase of rapid digital transformation, driven largely by the state-led “Concept for the Development of the Digital Economy for 2019–2025.” Within this framework, electronic signatures (e-signatures) have moved from a theoretical legal concept to a practical necessity for businesses and government interactions.
The legal system in Turkmenistan is a civil law system that highly prioritizes formal documentation. Consequently, the transition to e-signatures has been tightly regulated to ensure that electronic documents carry the same evidentiary weight as paper documents. In Turkmenistan, an electronic signature is not merely a digital image of a handwritten name; it is a sophisticated cryptographic tool regulated by national security standards.
Legal Framework
A. Law on Electronic Documents and Electronic Document Management (2014)
The primary legislation is the Law of Turkmenistan “On Electronic Documents and Electronic Document Management” (No. 43-V, dated March 1, 2014). This law establishes the legal basis for the use of electronic documents, defines the rights and obligations of participants, and confirms the legal equivalence of electronic and paper signatures.
Under this law, an electronic signature is defined as data in electronic form attached to or logically associated with other data in electronic form and used to identify the signatory.
B. Law on Cyber Security (2019)
Because e-signatures in Turkmenistan rely on cryptography, the Law on Cyber Security plays a secondary role. It dictates how cryptographic keys must be protected and establishes the authority of the State Service for Cyber Security under the “Turkmenaragatnashyk” Agency (the national communications agency) to oversee the digital infrastructure.
C. The Civil Code of Turkmenistan
The Civil Code provides the broad authorization for contracts to be concluded in any form permitted by law. Article 177 acknowledges that signatures can be reproduced by mechanical or other means of copying, provided that the law or an agreement between the parties permits it.
D. Accredited Certification Centers
For an electronic signature to be considered a Qualified Electronic Signature (the highest legal tier), it must be based on a certificate issued by an accredited Certification Center. In Turkmenistan, these centers are strictly regulated and often operated by state-affiliated entities or major state banks (e.g., the State Bank for Foreign Economic Affairs of Turkmenistan).
Documents That Can Be Signed Electronically
The scope for electronic signing has expanded significantly in the commercial and administrative sectors:
1. B2B Contracts: Most commercial agreements between legal entities, including supply contracts, service level agreements, and non-disclosure agreements.
2. Foreign Trade and Customs: Turkmenistan has been digitizing its customs procedures (Integrated Customs Information System). Many declarations and supporting shipping documents can now be authenticated electronically.
3. Banking Transactions: The “Altyn Asyr” payment system and corporate banking portals allow for the electronic authorization of payment orders and loan applications.
4. Tax and Statistical Reporting: Legal entities and individual entrepreneurs are increasingly required to submit their periodic reports to the State Tax Service and the State Committee on Statistics via electronic portals using a digital signature.
5. Public Procurement: Participation in state tenders and the submission of digital bids through official government portals.
Documents That Cannot Be Signed Electronically
Despite the push for digitalization, certain documents remain strictly tied to physical paper and ink, often due to requirements for “special forms” or the involvement of State Notaries:
1. Transactions Requiring Mandatory Notarization: Transactions involving the sale or mortgage of real estate (land and buildings) must be notarized in person. Currently, the state notary system in Turkmenistan requires physical presence and handwritten signatures on the official registry.
2. Employment Records (Labor Books): While some employment contracts might be digitized, the “Labor Book” (zachyotnaya knizhka), which tracks an individual’s career history for pension purposes, remains a physical document.
3. Wills and Inheritance: Testamentary documents must be executed in the presence of a notary to ensure the mental capacity of the testator and the absence of duress.
4. Civil Status Records: Applications for marriage, divorce, and the issuance of birth certificates at the Registry of Civil Status Acts (ZAGS) require physical presence and signatures.
5. Power of Attorney for Certain Acts: Specifically, powers of attorney for representing individuals in criminal court or for the disposal of significant immovable property usually require a physical, notarized signature.
Notable Changes and Recent Developments
A. The “Digital Turkmenistan” Initiative
Since 2019, there has been a massive legislative push to harmonize all government services. This led to the creation of the State Portal of Public Services (e.gov.tm). To access many of these services, citizens and businesses must obtain an e-signature certificate, which is now being linked to the national biometric ID card.
B. Mandatory E-Invoicing for State Entities
A recent shift in practice involves the mandatory use of electronic documents when dealing with state-owned enterprises (SOEs). Given that the majority of Turkmenistan’s economy is controlled by the state, this has effectively made the adoption of e-signatures mandatory for any private contractor working in the oil, gas, or construction sectors.
C. Recognition of Foreign E-Signatures
One of the most complex areas is the recognition of foreign e-signatures. Under the 2014 Law, foreign electronic signatures are recognized only if they comply with international treaties to which Turkmenistan is a party, or if there is a specific agreement between the parties that has been pre-approved by the regulatory authorities. In practice, most local courts still prefer signatures issued by Turkmen Certification Centres.
Challenges and Technical Requirements
1. Cryptographic Standards: Turkmenistan uses specific cryptographic standards that may not be natively compatible with Western software. This often requires the installation of local middleware (software) provided by the “Turkmenaragatnashyk” Agency.
2. Storage Requirements: The law requires that electronic documents be stored in a way that allows their integrity to be verified throughout their entire retention period (often 5 to 10 years).
Conclusion
The legality of e-signatures in Turkmenistan is firmly established through the 2014 Law on Electronic Documents. However, the system is more “closed” than those in Europe or North America. To ensure maximum legal protection, businesses operating in Turkmenistan should obtain a locally certified Digital Signature (EDS) rather than relying on international third-party platforms. As the 2025 Digital Economy roadmap nears completion, it is expected that the notary system will eventually integrate digital verification, further reducing the list of documents that require physical signatures.
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 Turkmenistan “On Electronic Documents and Electronic Document Management” (No. 43-V, March 1, 2014).
2. Civil Code of Saparmurat Turkmenbashy (as amended).
3. Law of Turkmenistan “On Cyber Security” (September 2019).
4. Concept for the Development of the Digital Economy in Turkmenistan for 2019–2025, approved by Presidential Decree.
5. Official Portal of the “Turkmenaragatnashyk” Agency (mincom.gov.tm).
6. Law of Turkmenistan “On Communications.”
