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ORDER OF THE MINISTER OF INFORMATION AND SOCIAL DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of September 6, 2022 No. 366

About approval of Rules of renewal of access to Internet resource

According to Item 5 of article 41-1 of the Law of the Republic of Kazakhstan "About communication" PRIKAZYVAYU:

1. Approve the enclosed Rules of renewal of access to Internet resource.

2. To provide to committee of information of the Ministry of information and social development 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) placement of the copy of this order on Internet resource of the Ministry of information and social development of the Republic of Kazakhstan;

3) within ten working days after state registration of this order submission to Legal department of the Ministry of information and social development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. To impose control of execution of this order on the supervising vice-minister of information and social development of the Republic of Kazakhstan.

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

Minister of information and social development of the Republic of Kazakhstan

D. Kydyrali

It is approved

Committee of homeland security of the Republic of Kazakhstan

 

It is approved

Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

 

Approved by the Order of the Minister of information and social development of the Republic of Kazakhstan of September 6, 2022 No. 366

Rules of renewal of access to Internet resource

Chapter 1. General provisions

1. These rules of renewal of access to Internet resource (further – Rules) are developed according to Item 5 of article 41-1 of the Law of the Republic of Kazakhstan "About communication" and determine procedure for renewal of access to Internet resource.

2. In Rules the following basic concepts are used:

1) 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;

2) authorized body in the field of mass media (further – authorized body) – the state body performing state regulation in the field of mass media;

3) 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;

4) service of instant messaging – the software intended and (or) used by users for instant messaging or their transfer to specifically certain person (certain persons) in real time with use of networks of telecommunications, except for the software intended for provision of financial services and electronic commerce;

5) the public technical service – the joint-stock company created according to the decision of the Government of the Republic of Kazakhstan;

6) online platform – the Internet resource and (or) service of instant messaging intended for distribution of information by the user by means of the personal page created by it by placement, acceptance and (or) transfer of signs and (or) signals, and (or) voice information, and (or) the written text, and (or) the image, and (or) sounds, and (or) messages to specifically certain or indefinite group of people, except for Internet resource and (or) the service of instant messaging intended for provision of financial services and electronic commerce.

Chapter 2. Procedure for renewal of access to Internet resource

3. Renewal of access to Internet resource is performed according to the written (electronic) address (further – the address) the owner and (or) the legal representative and (or) the user of Internet resource.

4. Renewal of access to Internet resource is performed in case of restriction of access to it based on the instruction of authorized body on condition of elimination of violations of the law of the Republic of Kazakhstan and removal from Internet resource of the illegal materials which formed the basis for access restriction.

5. Within 15 (fifteen) working days from the date of registration of the address the authorized body carries out monitoring of Internet resource regarding removal of the illegal materials which formed the basis for access restriction.

6. After confirmation of information on elimination of violations of the law of the Republic of Kazakhstan and removal from Internet resource of illegal materials the authorized body gives the assignment to telecom operators and (or) the public technical service about canceling of the instruction of authorized body, removal from restriction and renewal of access to Internet resource which is drawn up according to appendix to these rules.

7. Telecom operators and the public technical service after obtaining from authorized body of the order about canceling of the instruction of authorized body, removal from restriction and renewal of access to Internet resource, without delay resume access to Internet resource.

Appendix

to Rules of renewal of access to Internet resource

Joint-stock company "State

technical service"

Committee of homeland security

Republic of Kazakhstan

To the operator(s) of communication

(according to the list)

Order

In the address ___________________ (full name of authorized body) the address from _______________________________ (the name of the applicant) with request arrived to resume access to the ___________________________________ Internet resource because of elimination of violations of the law of the Republic of Kazakhstan and removal of the illegal materials which formed the basis for access restriction.

During monitoring it is determined that the illegal materials which are earlier placed on Internet resource according to references:

1)_____________________________________________________________;

2)_____________________________________________________________;

3)_____________________________________________________________;

4)________________________________________________, the instruction of authorized body (number and outgoing document date) limited to distribution in the territory of the Republic of Kazakhstan are deleted by the owner of the _______________________ Internet resource as of _______________________________. (current date).

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