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ORDER OF THE MINISTER OF THE DEFENSE AND AEROSPACE INDUSTRY OF THE REPUBLIC OF KAZAKHSTAN

of March 28, 2018 No. 53/Tax Code

About approval of Rules of forming and maintaining the register of the confidential software and products of the electronic industry, and also criteria on inclusion of the software and products of the electronic industry in the register of the confidential software and products of the electronic industry

(as amended on 29-02-2024)

According to the subitem 7) article 7-6 of the Law of the Republic of Kazakhstan of November 24, 2015 "About informatization" PRIKAZYVAYU:

1. Approve the enclosed Rules of forming and maintaining the register of the confidential software and products of the electronic industry, and also criteria on inclusion of the software and products of the electronic industry in the register of the confidential software and products of the electronic industry.

2. To provide to committee on information security of the Ministry of the defense and aerospace industry in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

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

3) within ten calendar days after state registration of this order the direction it the copy on official publication in periodic printing editions;

4) placement of this order on Internet resource of the Ministry of the defense and aerospace industry of the Republic of Kazakhstan after its official publication;

5) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of the defense aerospace industry of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2), 3) and 4) of this Item of the order.

3. To impose control of execution of this order on the supervising vice-minister of the defense and aerospace industry of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Minister of the defense and aerospace industry of the Republic of Kazakhstan

B. Atamkulov

Approved by the Order of the Minister of the defense and aerospace industry of the Republic of Kazakhstan of March 28, 2018 No. 53/Tax Code

Rules of forming and maintaining the register of the confidential software and products of the electronic industry, and also criteria on inclusion of the software and products of the electronic industry in the register of the confidential software and products of the electronic industry

Chapter 1. General provisions

1. These rules of forming and maintaining the register of the confidential software and products of the electronic industry, and also criteria on inclusion of the software and products of the electronic industry in the register of the confidential software and products of the electronic industry (further – Rules) are developed according to the subitem 7) of article 7-6 of the Law of the Republic of Kazakhstan "About informatization" and determine procedure for forming, maintaining the register of the confidential software and products of the electronic industry, and also criteria by inclusion of the software and products of the electronic industry in the register of the confidential software and products of the electronic industry.

2. In these rules the following concepts are applied:

1) the Commission on consideration of requests about inclusion (exception) of the software and products of the electronic industry in (from) the register (a) of the confidential software and products of the electronic industry, and also on modification (amendments) of the data containing in the register of the confidential software and products of the electronic industry (further – the Commission) – the collegiate organ formed by authorized body with involvement of representatives of state bodies, National chamber of entrepreneurs of the Republic of Kazakhstan of Atameken and industry associations, organizations and experts in the field of information and communication technologies and the electronic industry for consideration of requests of applicants about inclusion (exception) in (from) the register (a) of the confidential software and products of the electronic industry, based on criteria on inclusion of the software and products of the electronic industry, also for modification (amendments) of the data containing in the register of the confidential software and products of the electronic industry and requirements of these rules;

2) Internet resource – information (in text, graphical, audiovisual or other type) placed on the hardware and software having the unique network address and (or) domain name and functioning on the Internet;

3) the applicant – the physical person and/or legal entity making products of the electronic industry or the software which submitted the application for inclusion (exception) in (from) the register (a) of the software and products of the electronic industry or modification (amendments) of the data containing in the register;

4) the register of the confidential software and products of the electronic industry (further – the register) – the list of the software and products of the electronic industry conforming to requirements of information security, created for the purposes of ensuring defense of the country and safety of the state;

5) body for confirmation of conformity – the legal entity accredited in accordance with the established procedure for performance of works on confirmation of conformity;

6) authorized body in the field of the electronic industry (further – authorized body) – the central executive body performing state regulation in the field of the electronic industry.

3. The register is kept for the purpose of implementation of requirements of information security support for defense of the country and safety of the state.

Inclusion in the register is classified by the form and to assignment according to the Rules of classification of objects of informatization approved by the order of the acting minister on investments and development of the Republic of Kazakhstan of January 28, 2016 No. 135 (it is registered in the Register of state registration of regulatory legal acts for No. 13349).

The software which is software product and executed in the form of the independent program is subject to inclusion in the register.

The software products which are parts of the software join in the register as a part of the software which part they are.

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