ORDER OF THE MINISTER OF INFORMATION AND COMMUNICATIONS OF THE REPUBLIC OF KAZAKHSTAN

of December 15, 2017 No. 453

About approval of provisions of territorial authorities of Committee of telecommunications of the Ministry of information and communications of the Republic of Kazakhstan

For the purpose of realization of Item 3 of the order of the Government of the Republic of Kazakhstan of November 25, 2017 No. 773 "About some questions of the Ministry of information and communications of the Republic of Kazakhstan" (further - the resolution) PRIKAZYVAYU:

1. Approve enclosed:

1) Regulations on Republican public institution "Inspectorate of communication of Committee of telecommunications of the Ministry of information and communications of the Republic of Kazakhstan for the city of Astana and the Akmola area" according to appendix 1 to this order;

2) Regulations on Republican public institution "Interregional inspectorate of communication of Committee of telecommunications of the Ministry of information and communications of the Republic of Kazakhstan for the city of Almaty and Almaty region" according to appendix 2 to this order;

3) Regulations on Republican public institution "Inspectorate of communication of Committee of telecommunications of the Ministry of information and communications of the Republic of Kazakhstan for the Aktyubinsk region" according to appendix 3 to this order;

4) Regulations on Republican public institution "Inspectorate of communication of Committee of telecommunications of the Ministry of information and communications of the Republic of Kazakhstan for Atyrau area" according to appendix 4 to this order;

5) Regulations on Republican public institution "Inspectorate of communication of Committee of telecommunications of the Ministry of information and communications of the Republic of Kazakhstan for the East Kazakhstan region" according to appendix 5 to this order;

6) Regulations on Republican public institution "Inspectorate of communication of Committee of telecommunications of the Ministry of information and communications of the Republic of Kazakhstan for Jambyl area" according to appendix 6 to this order;

7) Regulations on Republican public institution "Inspectorate of communication of Committee of telecommunications of the Ministry of information and communications of the Republic of Kazakhstan for the West Kazakhstan region" according to appendix 7 to this order;

8) Regulations on Republican public institution "Inspectorate of communication of Committee of telecommunications of the Ministry of information and communications of the Republic of Kazakhstan for the Karaganda region" according to appendix 8 to this order;

9) Regulations on Republican public institution "Inspectorate of communication of Committee of telecommunications of the Ministry of information and communications of the Republic of Kazakhstan for Kyzylorda area" according to appendix 9 to this order;

10) Regulations on Republican public institution "Inspectorate of communication of Committee of telecommunications of the Ministry of information and communications of the Republic of Kazakhstan for the Kostanay region" according to appendix 10 to this order;

11) Regulations on Republican public institution "Inspectorate of communication of Committee of telecommunications of the Ministry of information and communications of the Republic of Kazakhstan for Mangystau Region" according to appendix 11 to this order;

12) Regulations on Republican public institution "Inspectorate of communication of Committee of telecommunications of the Ministry of information and communications of the Republic of Kazakhstan for the Pavlodar region" according to appendix 12 to this order;

13) Regulations on Republican public institution "Inspectorate of communication of Committee of telecommunications of the Ministry of information and communications of the Republic of Kazakhstan for the North Kazakhstan area" according to appendix 13 to this order;

14) Regulations on Republican public institution "Inspectorate of communication of Committee of telecommunications of the Ministry of information and communications of the Republic of Kazakhstan for the city of Shymkent and the Turkestan region" according to appendix 14 to this order.

2. Recognize invalid:

1) the order of the Minister of information and communications of the Republic of Kazakhstan of July 5, 2016 No. 25 "About approval of provisions of territorial authorities of the State Control Committee in the field of communication, informatization and mass media of the Ministry of information and communications of the Republic of Kazakhstan";

2) the order of the Minister of information and communications of the Republic of Kazakhstan of October 12, 2017 No. 364 "About entering of amendments into the order of the Minister of information and communications of the Republic of Kazakhstan of July 5, 2016 No. 25 "About approval of provisions of territorial authorities of the State Control Committee in the field of communication, informatization and mass media of the Ministry of information and communications of the Republic of Kazakhstan".

3. To provide to committee of telecommunications of the Ministry of information and communications of the Republic of Kazakhstan:

1) within five calendar days from the date of introduction in operations of this order re-registration in judicial authorities;

2) within ten calendar days from the date of approval of this order the direction it the copy in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of information and communications of the Republic of Kazakhstan;

4) submission to Legal department of the Ministry of information and communications of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

4. To impose control of execution of this order on the supervising vice-minister of information and communications of the Republic of Kazakhstan.

5. This order becomes effective from the date of its signing and becomes effective from the date of enforcement of the resolution.

Appendix 1

to the Order of the Minister of information and communications of the Republic of Kazakhstan of December 15, 2017 No. 453

Regulations on Republican public institution "Inspectorate of communication of Committee of telecommunications of the Ministry of information and communications of the Republic of Kazakhstan for the city of Astana and the Akmola area"

1. General provisions

1. Republican public institution "Inspectorate of communication of Committee of telecommunications of the Ministry of information and communications of the Republic of Kazakhstan for the city of Astana and the Akmola area" (further - Inspection) is the territorial authority of Committee of telecommunications of the Ministry of information and communications of the Republic of Kazakhstan (further - Committee) performing realizable and control functions in the field of communication and informatization.

2. Inspection in the activities is guided by the Constitution of the Republic of Kazakhstan, the laws, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.

3. Inspection is legal entity in form of business of public institution, has seals and stamps with the name in state language, forms of the established sample, according to the legislation of the Republic of Kazakhstan of the account in bodies of treasury.

4. The inspectorate enters the civil relations from own name.

5. Inspection acts as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation of the Republic of Kazakhstan.

6. The inspectorate for questions of the competence of the procedure established by the legislation makes decisions the Inspections which are drawn up by orders of the Head.

7. The structure and limit of the number of staff affirms according to the legislation of the Republic of Kazakhstan.

8. Inspection location: Republic of Kazakhstan, 010000, city of Astana, Saryarkinsky district, Prospekt Respubliki, 13.

9. Full name of Inspection - republican public institution "Inspectorate of communication of Committee of telecommunications of the Ministry of information and communications of the Republic of Kazakhstan for the city of Astana and the Akmola area".

10. This Provision is the constituent document of Inspection.

11. Financing of activities of Inspection is performed from the republican budget.

12. The inspectorate is not allowed to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of Inspection.

2. Main objectives, functions and rights of Inspection

13. The main objective of Inspection is the state control of observance of requirements of the legislation of the Republic of Kazakhstan in the field of communication and informatization on the corresponding territorial unit.

14. Inspection performs within the competence the following functions:

1) implementation of the state control of execution of requirements of the legislation of the Republic of Kazakhstan in the field of communication and informatization on the corresponding administrative and territorial unit;

2) ensuring carrying out the state control of activities of business entities in the field of communication and use of radio-frequency range;

3) the direction of instructions about elimination of violations in work of separate means or communication networks in case of identification of abuses of regulations of operation of processing equipment of communication networks, labor protection and safe engineering which create threat of life and to human health, the environment or normal functioning of life support systems, according to the legislation of the Republic of Kazakhstan;

4) participation in actions for acceptance for operation of means of communication;

5) shutdown of radio-electronic means and high-frequency devices of civil appointment in case of lack of the permission to operate and (or) discrepancy of technical characteristics to the established regulations;

6) control over the implementation of organizational and technical actions for ensuring electromagnetic compatibility of electronic means and high-frequency devices;

7) participation in coordination of construction plans and acceptance for operation of constructions of communication, lines of telecommunications, except for networks of government communication;

8) implementation of radio control and conducting checks of use of radio-frequency range by the physical persons and legal entities performing activities in the field of communication, and observance by telecom operators of qualification requirements to the subjects performing provision of services in the field of communication and rules of rendering communication services;

9) control of observance by telecom operators of qualification requirements to the subjects performing provision of services in the field of communication, rules of rendering communication services, rules of provision of services of mail service and rules of application of postage stamp on mailings in the territory of the Republic of Kazakhstan;

10) check of the structure of networks and constructions of telecommunications and mail service on compliance to technical regulations and requirements for the organization of their technical operation according to the legislation of the Republic of Kazakhstan;

11) identification and suppression of operation of the radio-electronic means and high-frequency devices operating with violation of the law of the Republic of Kazakhstan in the field of communication;

12) ensuring compliance with regulatory legal acts on the organization of operation of objects of post network and servicing of users of communication services;

13) control on compliance to qualification requirements of operators of long distance and (or) international telecommunication;

14) implementation of the state control in the sphere of the electronic document and digital signature regarding compliance with law of the Republic of Kazakhstan about the electronic document and the digital signature;

15) creation of protocols, hearing of cases about administrative offenses and imposing of administrative punishments according to the procedure, established by the Code of the Republic of Kazakhstan about administrative offenses;

16) other functions according to the legislation of the Republic of Kazakhstan.

15. Rights of Inspection:

1) to request and obtain in the procedure established by the legislation information from physical persons and legal entities, necessary for implementation of the functions and tasks assigned to Inspection;

To bring 2) to legal entities and physical persons of the instruction about elimination of violations of requirements of the regulatory legal acts, standards and regulations determining operating procedure of communication networks and information systems;

3) to perform work of networks and means of communication;

4) to take a legal action with claims, to participate in their consideration;

To attract 5) within the competence to conducting examinations and consultations of experts, specialists, and also the staff of other state bodies and other organizations;

6) to perform other rights according to the legislation of the Republic of Kazakhstan.

16. Belongs to duties of Inspection:

1) to provide realization of the tasks and functions assigned to Inspection;

2) to observe the legislation of the Republic of Kazakhstan, it is right also the interests of physical persons and legal entities protected by the law;

3) to prepare explanations on the questions entering competence of Inspection;

4) to represent required materials and references within the competence and within the legislation in case of official request for it by structural divisions of Committee and state bodies;

5) to ensure safety of the state-owned property which is on balance of Inspection.

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