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ORDER OF NATIONAL COMMUNICATION AGENCY OF THE KYRGYZ REPUBLIC

of November 23, 1998 No. 81-pr

About approval of the Instruction about procedure for imposing of penalty for the administrative offenses encroaching on rules of use of communication and operation of networks of telecommunications

For the purpose of streamlining of imposing of penalties by inspectors of National communication agency of the Kyrgyz Republic according to the Code of the Kyrgyz Republic about the administrative responsibility and other regulatory legal acts I ORDER

2. Inform provision of this Instruction to the director of the Southern regional department of National communication agency of the Kyrgyz Republic Kubatbekov Sh. A.

3. To impose control over the implementation of this order on the deputy director of National communication agency Nikolaev N. F.

Director

O. Kayykov

Approved by the Order of the director of National communication agency of the Kyrgyz Republic of November 23, 1998 No. 81-pr

The instruction about procedure for imposing of penalties for the administrative offenses encroaching on rules of use of communication and operation of networks of telecommunications

2. Consider cases on administrative offenses in the field of electric and mail service and impose administrative punishments on behalf of state supervision body behind communication in the Kyrgyz Republic has the right:

- the chief state inspector on supervision of communication in the Kyrgyz Republic (the director of National communication agency of the Kyrgyz Republic);

- the chief state inspectors on supervision of communication in the Kyrgyz Republic (deputy directors of National communication agency).

3. The fact of violation is determined by results of the state supervision of activities of physical persons and legal entities in the field of communication which is carried out by inspectors of National communication agency.

4. By results of the revealed violations the protocol is constituted (in the form given in appendix No. 1) with indication of date and the place of its creation, position, surname, name, middle name of person which constituted the protocol, the information about the identity of the violator, the place, time of making and being of administrative offense, the regulation providing responsibility for this offense, addresses of witnesses and victims if they have explanations, other data necessary for permission of case.

The protocol is signed by the person who made administrative offense and person, constituted it in the presence of witnesses and the victims, the protocol can be signed as well by these persons.

In case of refusal person who made offense from signing of the protocol, in it entry about it is made.

5. In need of application of penalties the authorized person (the director of National communication agency and its deputies) issues the decree on imposing of penalties (in the form given in appendix No. 2).

The resolution shall contain: surname, name, middle name of the authorized person which issued the decree, date of creation of the protocol, information about person concerning which the decree is issued; statement of the circumstances established in case of detection of offenses, specifying on the regulation providing responsibility for this offense; the made decision.

Collection for administrative offenses is imposed in the limits set by the Code of the Kyrgyz Republic about the administrative responsibility providing responsibility for committed offense.

When imposing collection nature of committed offense, the identity of the violator, the degree of his fault, property status, circumstances mitigating and aggravating responsibility is considered.

The circumstances mitigating responsibility for administrative offenses are recognized:

prevention by the guilty person of harmful effects of offense;

voluntary compensation of damage or elimination of damage suffered;

making of administrative offense by the minor.

The circumstances aggravating responsibility for administrative offense are recognized:

continuation of delinquent behavior, despite requirements of persons authorized on that to stop it;

making of homogeneous offense, repeated within year, for which person was already exposed to administrative punishment; making of offense by person who earlier committed crime;

involvement of the minor in offense;

making of offense group of persons.

The copy of the resolution within three days is handed or sent by the registered mail to person concerning whom it is taken out, and also to the victim at its request.

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