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RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of April 8, 2022 No. 204

About approval of the Procedure for appeal of actions of the owner of the website or the page of the website, removal of unreliable (false) information and suspension of work of the website or the page of the website in connection with distribution of unreliable (false) information to the Internet

For the purpose of providing the rights and freedoms of citizens, legal entities and protection against unreliable (false) information, according to article 3 of the Law of the Kyrgyz Republic "About protection against unreliable (false) information", articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides them:

1. Approve the Procedure for appeal of actions of the owner of the website or the page of the website, removal of unreliable (false) information and suspension of work of the website or the page of the website in connection with distribution of unreliable (false) information to the Internet according to appendix.

2. To the Ministry of Culture, information, sport and youth policy of the Kyrgyz Republic to create based on management of information policy the structural division performing consideration of addresses of citizens and legal entities on appeal of actions of the owner of the website or the page of the website in the Internet, including carrying out the analysis and monitoring of information space with its corresponding financing and hardware, within the approved budget for the corresponding year.

3. To the Ministry of Culture, information, sport and youth policy of the Kyrgyz Republic and to the Ministry of digital development of the Kyrgyz Republic:

- take the necessary measures following from this resolution;

- in three-months time to bring the decisions into accord with this resolution.

4. To impose control of execution of this resolution on management of control of execution of decisions of the President and the Presidential Administration Cabinet of Ministers of the Kyrgyz Republic.

5. This resolution becomes effective after ten days from the date of official publication.

Chairman of the Cabinet of Ministers of the Kyrgyz Republic

A. Zhaparov

Appendix

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of April 8, 2022 No. 204

Procedure for appeal of actions of the owner of the website or the page of the website, removal of unreliable (false) information and suspension of work of the website or the page of the website in connection with distribution of unreliable (false) information to the Internet

1. General provisions

1. This Procedure establishes the mechanism of appeal of actions of the owner of the website or the page of the website, removal of unreliable (false) information and suspension of work of the website or the page of the website in connection with distribution of unreliable (false) information to the Internet.

2. Consideration of the applications of citizens and legal entities (further - the applicant) about refusal of removal of unreliable (false) information or violation of time of removal of unreliable (false) information is performed by authorized state body in the sphere of information.

3. The authorized state body in the sphere of information on results of the consideration of the application specified in Item 2 presents of the Procedure makes the decision on removal of unreliable (false) information with establishment of term for execution by the owner of the website or the page of the website of the decision and sends to authorized state body on communication.

Removal of doubtful (false information) is performed directly by the owner of the website or the page of the website on the Internet.

4. In case of non-execution of the decision on removal of unreliable (false) information at the scheduled time by the owner of the website or the page of the website the authorized state body in the sphere of information has the right to make the decision on suspension by hosting provider of work of the website or the page of the website for up to two months.

2. Procedure for appeal by the applicant concerning which unreliable (false) information is distributed in the Internet

5. The applicant concerning whom unreliable (false) information was distributed in the Internet has the right to address the owner of the website or the page of the website on the Internet with the requirement about immediate (within 24 hours from the moment of the address) removal from the website or the page of the website of unreliable (false) information and placement of information denying earlier placed unreliable (false) information.

6. In case of refusal the owner of the website or the page of the website on the Internet from actions for removal from the website or the page of the website of unreliable (false) information and to placement of information on its confutation or the violations of term of removal of such information established by paragraph one of part 3 of article 3 of the Law of the Kyrgyz Republic "About protection against unreliable (false) information" the applicant has the right to file petition in authorized state body in the sphere of information in written or electronic type.

7. The application is submitted in written or electronic type and shall contain:

1) for physical persons - surname, name, middle name (in the presence), the residence, phone number. The copy of the identity document shall be enclosed to the application;

2) for legal entities - the name of the legal entity, its location, surname, name, middle name (in the presence) the head, number of the phone/fax of the head;

3) the name of authorized state body in the sphere of information;

4) the reasonable request imposed by the applicant (subject of the statement);

5) number, month and year of giving;

6) signature of the applicant; the signature of the head of the legal entity certified by seal of the legal entity;

7) domain name of the website in the Internet, its network address, the index of the page of the website on the Internet where unreliable (false) information is placed;

8) information or materials confirming date and time of the address of the applicant to the owner of the website or the page of the website on the Internet;

9) information or materials confirming refusal of the owner of the website or the page of the website on the Internet from removal of unreliable (false) information and placement of information on its confutation (in the presence).

8. The applicant has the right to enclose the additional information or materials to the application.

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