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ORDER OF THE CHAIRMAN OF COMMITTEE OF THE HOMELAND SECURITY OF THE REPUBLIC OF KAZAKHSTAN

of March 27, 2018 No. 23/nanosecond

About approval of Rules of issue and application of the safety certificate

According to subitem 21-7) of article 13 of the Law of the Republic of Kazakhstan of December 21, 1995 "About bodies of homeland security of the Republic of Kazakhstan" I ORDER:

1. Approve the enclosed Rules of issue and application of the safety certificate.

2. Recognize invalid:

1) the order of the Minister of investments and development of the Republic of Kazakhstan of December 25, 2015 No. 1240 "About approval of Rules of issue of the safety certificate" (it is registered in the Register of state registration of regulatory legal acts at No. 12766, it is published on January 19, 2016 in information system of law of "Adilet");

2) the order of the Minister of investments and development of the Republic of Kazakhstan of December 25, 2015 No. 1241 "About approval of Rules of application of the safety certificate" (it is registered in the Register of state registration of regulatory legal acts at No. 12794, it is published on January 26, 2016 in information system of law of "Adilet").

3. (Konkashev Sh. R.) to provide to service of Committee of homeland security 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 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 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 Committee of homeland security of the Republic of Kazakhstan after its official publication.

4. To impose control of execution of this order on the supervising vice-chairman of Committee of homeland security of the Republic of Kazakhstan.

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

Chairman of Committee of homeland security of the Republic of Kazakhstan

K. Masimov

It is approved

Minister of information and communication of the Republic of Kazakhstan

March 30, 2018

 

______________ D. Abayev

It is approved

Minister of Defence and aerospace industry of the Republic of Kazakhstan

March 28, 2018

 

______________ B. Atamkulov

Approved by the Order of the Chairman of Committee of homeland security of the Republic of Kazakhstan of March 27, 2018 No. 23/nanosecond

Rules of issue and application of the safety certificate

Chapter 1. General provisions

1. These rules of issue and application of the safety certificate (further - Rules) are developed according to subitem 21-7) of article 13 of the Law of the Republic of Kazakhstan of December 21, 1995 "About bodies of homeland security of the Republic of Kazakhstan" and determine procedure for issue and application of the safety certificate.

2. In Rules the following determinations are used:

1) the safety certificate - set of electronic digital symbols applied to the traffic transmission containing the protocols supporting enciphering;

2) Internet resource - the electronic information resource displayed 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 telecom operator - the physical person or legal entity registered in the territory of the Republic of Kazakhstan, rendering communication services and (or) operating communication networks;

4) traffic transmission - implementation of process of establishment of connection and information transfer between users communication services (networks of telecommunications);

5) the subscriber - physical person or legal entity with which the service provision agreement of communication is signed.

Chapter 2. Procedure for issue of the safety certificate

3. Issue of the safety certificate is made based on given to bodies of homeland security (further - ONB) statements of the telecom operator on issue of the safety certificate in form, according to appendix 1 to Rules.

4. Issue of the safety certificate is made within 10 working days by record on the electronic medium of information (excluding rewriting) of the telecom operator and is confirmed by the reference of ONB in form, according to appendix 2 to Rules.

5. The electronic medium of information with record of the safety certificate is registered in register of the issued and withdrawn safety certificates in form, according to appendix 3 to Rules and ONB is conducted.

6. Effective period of the safety certificate constitutes 10 years from the moment of its issue.

7. The telecom operator in 30 calendar days prior to the expiration specified in Item 6 of Rules addresses in ONB for issue of the new safety certificate.

Chapter 3. Procedure for application of the safety certificate

8. Application of the safety certificate is performed by telecom operators for the purpose of restriction of distribution on network of telecommunications of information prohibited by the judgment which took legal effect or the laws of the Republic of Kazakhstan.

9. Telecom operators perform traffic transmission with use of the protocols supporting enciphering using the safety certificate according to the subitem 4) of Item 3-1 of article 26 of the Law of the Republic of Kazakhstan of July 5, 2004 No. 567 "About communication".

10. Telecom operators notify subscribers in writing in any form with which service provision agreements of communication, about change of conditions of provision of access to services or resources are signed.

11. Telecom operators provide distribution of the safety certificate among the subscribers with whom service provision agreements of communication are signed.

ONB exercise the state control of application of the safety certificate by telecom operators.

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