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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of June 19, 2018 No. 358

About approval of Rules of providing with the telecom operators and (or) owners of communication networks performing activities in the territory of the Republic of Kazakhstan, at the expense of own or raised funds of function of the telecommunication equipment for technical holding operational search, counterprospecting actions and requirements to networks and means of communication

According to the subitem 4) of Item 1 of article 15 of the Law of the Republic of Kazakhstan of July 5, 2004 "About communication" the Government of the Republic of Kazakhstan DECIDES:

1. Approve enclosed:

1) Rules of providing with the telecom operators and (or) owners of communication networks performing activities in the territory of the Republic of Kazakhstan at the expense of own or raised funds of function of the telecommunication equipment for technical holding operational search, counterprospecting actions;

2) requirements to networks and means of communication.

2. Recognize invalid:

1) the order of the Government of the Republic of Kazakhstan of December 23, 2011 No. 1593 "About approval of Rules of interaction of the bodies performing investigation and search operations and the organizations in case of implementation and operation of hardware-software and technical means of conducting investigation and search operations on networks of telecommunications of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2012, No. 10, the Art. 192);

2) Item of 47 changes which are made to some decisions of the Government of the Republic of Kazakhstan, approved by the order of the Government of the Republic of Kazakhstan of July 23, 2013 No. 735 "About modification of some decisions of the Government of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2013, No. 42, the Art. 623).

3. This resolution becomes effective after ten calendar days after day of its first official publication.

Prime Minister of the Republic of Kazakhstan

B. Sagintayev

Approved by the Order of the Government of the Republic of Kazakhstan of June 19, 2018 No. 358

Rules of providing with the telecom operators and (or) owners of communication networks performing activities in the territory of the Republic of Kazakhstan at the expense of own or raised funds of function of the telecommunication equipment for technical holding operational search, counterprospecting actions

Chapter 1. General provisions

1. These rules of providing with the telecom operators and (or) owners of communication networks performing activities in the territory of the Republic of Kazakhstan at the expense of own or raised funds of functions of the telecommunication equipment for technical holding operational search, counterprospecting actions (further - Rules) determine procedure for providing with the telecom operators and (or) owners of communication networks performing activities in the territory of the Republic of Kazakhstan at the expense of own or raised funds, functions of the telecommunication equipment for technical conducting investigation and search operations (further - ORM), counterprospecting actions (further - KRM).

2. Requirements of these rules extend to telecom operators and (or) owners of the communication networks performing the activities on networks of telecommunications public.

3. In these rules the following concepts are applied:

1) means of carrying out ORM, KRM - the equipment rooms and (or) software which are part of the telecommunication equipment for ensuring functions of technical carrying out OPM, KPM;

2) bodies for confirmation of conformity (further - OPS) - the legal entities accredited in accordance with the established procedure for performance of works on confirmation of conformity;

3) owners of the telecommunication equipment (further - owners of the equipment) - telecom operators and (or) owners of communication networks which telecommunication equipment provides functions of technical carrying out OPM, KPM;

4) test connection - connection to network of telecommunications of the telecom operator or service for the purpose of check of correctness of work of functions of the telecommunication equipment for technical carrying out OPM, KPM;

5) authorized divisions of bodies of homeland security - the divisions of bodies of homeland security determined by the Chairman of Committee of homeland security of the Republic of Kazakhstan for interaction with telecom operators and (or) owners of communication networks.

Chapter 2. Procedure for providing with telecom operators and (or) owners of communication networks of functions of the telecommunication equipment for technical holding operational search, counterprospecting actions

4. Functioning and safety of the telecommunication equipment with functions for technical carrying out OPM, KPM, including maintenance and repair, use of alarm systems and video surveillance, are provided with owners of the equipment at the expense of own and (or) raised funds.

5. When ensuring functions of the telecommunication equipment for technical carrying out OPM, KPM owners of the equipment at the expense of own and (or) raised funds provide:

1) necessary channel and technical resources of network of telecommunications for technical carrying out OPM, KPM;

2) access of the bodies performing operational search activities (further - HORDES), counterintelligence activities (further - KRD), to office information on subscribers;

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