of February 14, 2008 No. 34
About approval of methodical recommendations about proceedings of administrative offenses by informatization and communication Agency of the Republic of Kazakhstan and its territorial authorities
1. Approve the enclosed methodical recommendations about proceedings of administrative offenses by informatization and communication Agency of the Republic of Kazakhstan and its territorial authorities.
2. To impose control of execution of this order on the vice-chairman of the Agency of the Republic of Kazakhstan on informatization and communication Bishigayev A. D.
3. This order becomes effective from the date of signing, is subject to acquaintance and mailing.
Chairman K. Esekeev
Approved by the order of the Chairman of the Agency of the Republic of Kazakhstan on informatization and communication of February 14, 2008 No. 34
1. Activities of the Agency of the Republic of Kazakhstan for informatization and communication (further - the Agency) and its territorial authorities are regulated legislative and regulatory legal acts of the Republic of Kazakhstan, and also the international treaties ratified by the Republic of Kazakhstan.
2. These methodical recommendations regulate the forms and methods of production organization of cases on administrative offenses by territorial authorities of the Agency established by the Code of the Republic of Kazakhstan about administrative offenses (further - the Code), terms of their consideration, execution, appeal, and also the organization of clerical work and control of reasonable adoption of resolutions and their execution.
Consider cases on administrative offenses and impose administrative punishments has the right:
1) head of the Agency and its deputies;
2) heads of territorial authorities of the Agency.
5. Action of these methodical recommendations extends to legal entities irrespective of patterns of ownership, the physical persons, foreigners, foreign legal entities and stateless persons which broke in the territory of the Republic of Kazakhstan legislative and regulatory legal acts in the field of informatization and communication, the licensed regulations and other rules accepted in the Republic of Kazakhstan in case of accomplishment of business activity and other activities, control of which is included into competence of territorial authorities.
6. According to the legislation of the Republic of Kazakhstan treat the administrative offenses considered by territorial authorities of the Agency:
1) connection of terminals (equipment) to networks of telecommunication;
2) abuse of regulations of registration, designing, construction, installation, operation of radio-electronic means or high-frequency devices;
3) abuse of regulations of protection of communication lines and constructions of communication;
4) use of not certified means of communication and provision of not certified communication services;
5) violation of requirements for operation of remedies of information resources;
6) violation of the law of the Republic of Kazakhstan about the electronic document and the digital signature;
7) violation of the law of the Republic of Kazakhstan about informatization;
8) unreasonable refusal of the dominating telecom operator of accession of networks of telecommunications to network of telecommunications public, and also violation of procedure for traffic transmission;
9) violation of terms of accession of networks of telecommunications to network of telecommunications public, stipulated by the legislation the Republic of Kazakhstan in the field of communication;
10) violation of the licensed rules and regulations established by the legislation, including discrepancy to the qualification requirements imposed to the licensed types of activity;
11) non-compliance with natural monopoly by the subject in the field of telecommunications and mail service of the restrictions set by the legislation on natural monopolies, non-execution or improper execution by the subject of natural monopoly of obligations, and is equal other violation of the law of the Republic of Kazakhstan about natural monopolies.
7. The fact of violation is determined by results:
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