Bvwg Electronic Traffic Regulation-Bvwg-Evv

Original Language Title: BVwG-elektronischer-Verkehr-Verordnung – BVwG-EVV

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515. Regulation of the Federal Chancellor on electronic traffic between the Federal Administrative Court and the interested parties (BVwG-electronic-traffic-ordinance-BVwG-EVV)

On the basis of § 21 (3) of the Federal Administrative Court Act-BVwGG, BGBl. I No 10/2013 shall be arranged:

Electronic submission of pleadings and supplements to pleadings

§ 1. (1) In the following manner, written pleadings and supplements to pleadings can be submitted electronically:

1.

by means of electronic legal transactions;

2.

on electronic delivery services in accordance with the provisions of the third paragraph. Section of the Delivery Act-ZustG, BGBl. No 200/1982;

3.

by means of the electronic act;

4.

by means of a standardized interface function;

5.

with electronic forms available on the website www.bvwg.gv.at.

Fax and e-mail are not permitted forms of electronic submission of pleadings within the meaning of this Regulation.

(2) In so far as lawyers, tax advisers or auditors do not bring statements in the electronic legal system, they shall certify in the input that the technical possibilities for participation in the electronic legal system do not exist.

(3) Supplement to pleadings shall be introduced as separate annexes.

(4) Records of authorities are with an official signature (§ 19 of the eGovernment Law-E-GovG, BGBl. I n ° 10/2004).

(5) Anyone who has written pleadings and supplements to pleadings by means of electronic legal transactions (par. 1) shall be used for the purpose of serving a transmission site published on the www.edikte.justiz.gv.at website.

(6) If the transmitting agency has taken over the data of the input for forwarding to the Bundesrechenzentrum GmbH, it shall inform the provider immediately and record the date (day and time) of this feedback; this date is with the data of the input.

(7) The Bundesrechenzentrum GmbH has to log when the data of the input arrived at it (day and time).

(8) Records and supplements to pleadings have been submitted with the data content, which has been handed over to Bundesrechenzentrum GmbH in accordance with the interface description.

(9) pleadings and supplements to pleadings in the electronic legal system (paragraph 1). 1), have to contain the entry code of the feeder. § 7 of the Ordination of the Federal Minister for Justice on Electronic Legal Transport-ERV 2006, BGBl. II No 481/2005, it is appropriate to apply it.

Electronic transmission of copies of documents received from the Federal Administrative Court and copies of pleadings and supplements to pleadings

§ 2. (1) Copies of documents issued by the Federal Administrative Court and copies of pleadings and supplements to pleadings shall be transmitted electronically by the application of a procedure within the meaning of Section 1 (1) (1) (1) (1) to (3). Without prejudice to the effectiveness of the electronic transmission, the Federal Administrative Court can also be submitted to the Federal Administrative Court on a case-by-case basis in paper form.

(2) Copies of statements made by the Federal Administrative Court and copies of pleadings and supplements to pleadings, which are transmitted through electronic legal transactions, shall be used for the purpose of the addressee code to designate the addressee. Where a subscriber uses the electronic legal services of a number of transmission points, copies and copies of pleadings and supplements shall be transmitted electronically through the transmitting agency, which shall be responsible for: was last commissioned by the participant. The transmitting agency has to disclose the date of the assignment to Bundesrechenzentrum GmbH.

(3) The transmitting agency shall record the date (day and time) as to when the data entered the electronic control area of the recipient, and the Bundesrechenzentrum GmbH shall be forwarded to the Federal Administrative Court for forwarding to the Federal Administrative Court. , The date (day and time) when the data was actually transferred by the recipient must also be recorded and published on request to the Federal Administrative Court; this protocol must be kept for at least three years.

(4) The official signature of the Federal Administrative Court (Bundesverwaltungsgericht) (§ § 19 and 20 E-GovG) must be used to make the copies of the Federal Administrative Court's discharge. Any use of the official signature of the Federal Administrative Court shall be supported by automation in a protocol which shall identify the user's name. This Protocol shall be kept for a period of at least three years.

Interface description

§ 3. The President shall have a description of the type of data transfer, the complete data structure, the admissible supplement formats, including the rules on the electronic legal system and the standard interface function. Make known the field contents and the maximum permissible extent for all types of documents on the www.bvwg.gv.at website (interface description). Documents submitted by electronic means or by the standardised interface function, or shall be in accordance with the description of the interface. The transmitting agency shall ensure that pleadings and supplements to pleadings and copies of the Federal Administrative Court's submissions are only taken over and further processed when they are provided with the interface description. .

Data security

§ 4. (1) The parties involved in the electronic introduction of pleadings and supplements shall, by means of appropriate technical and organisational measures, ensure that the input can only be entered electronically by the person who is the person who is responsible for the Input is referred to as a feeder. When registering a natural person as a provider with a transfer agency, the identity of the provider shall be checked by the person responsible for the transmission.

(2) It is also necessary to ensure that the data of documents within the meaning of § 2 can only be obtained from the area of disposal of the consignee designated in the service and is secured there against abusive access.

(3) In order to ensure data integrity, every transmission in the electronic legal system (§ 1 para. 1 (1) (1)) must be encrypted. To ensure authenticity, all parties involved in the transfer are certificates issued by a certification-service-provider according to § 2 Z 10 of the Signature Act-SigG, BGBl. I No 190/1999 shall be used. In the communication between the transmitting agency and the Bundesrechenzentrum GmbH, certificates issued by the Bundesrechenzentrum GmbH can also be used.

Linguistic equality

§ 5. To the extent that, in this Regulation, names are listed only in male form, they shall refer to women and men in the same way. In applying the name to certain natural persons, the gender-specific form shall be used.

entry into force

§ 6. This Regulation shall enter into force 1. Jänner 2014 in force. From this point in time, pleadings and supplements may be submitted electronically in accordance with Section 1 (1) of the Federal Administrative Court's statements and copies of the documents issued by the Federal Administrative Court. shall be forwarded.

Faymann