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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 30, 2022 No. 1500

Some questions of ensuring functioning of the state information resources

According to the paragraph to the twentieth Article part one 1, of Article part three 5, of part six of article 8 of the Law of Ukraine "About information protection in information communications systems", "About public electronic registers" the Cabinet of Ministers of Ukraine decides parts two of article 38 of the Law of Ukraine:

1. Approve enclosed:

Transmission order, preserving, functioning and access to the state information resources (public electronic registers) and their backup copies placed on cloudy resources and/or in data-processing centers which are located outside Ukraine;

Procedure for the conclusion of agreements owners of information - owners (holders) of the state information resources (public electronic registers) about technical administration of the corresponding registers with the foreign companies, supply agencies of services in provision of cloudy resources (suppliers of cloudy services) created according to the legislation of other states, and/or registered (accredited or legalized) according to the legislation of Ukraine branches, representations and other separate divisions with the location in the territory of Ukraine;

The list of types of the state information resources and systems concerning which backup can be performed.

2. Enter to resolutions of the Cabinet of Ministers of Ukraine of December 4, 2019 No. 1137 "Questions of the Single state web portal of electronic services and the Register of administrative services" (The Official Bulletin of Ukraine, 2020, No. 3, Art. 136; 2021, No. 43, Art. 2625; 2022, No. 69, the Art. 4171) and of March 12, 2022 No. 263 "Some questions of ensuring functioning of information communications systems, electronic communications systems, public electronic registers in the conditions of warlike situation" (The Official Bulletin of Ukraine, 2022, No. 25, the Art. 1345) changes which are applied.

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 30, 2022, No. 1500

Transmission order, preserving, functioning and access to the state information resources (public electronic registers) and their backup copies placed on cloudy resources and/or in data-processing centers which are located outside Ukraine

1. This Procedure determines the mechanism of transfer (movement) of the state information resources (public electronic registers) (further - the state information resources) which do not contain the office information and information which is the state secret and their backup copies for placement in cloudy resources and/or in data-processing centers which are located outside Ukraine, ensuring safety, functioning and access to such information resources.

This Procedure during the period of action of legal regime of military condition in Ukraine and after its termination or canceling governs six months the relations of owners of information - owners (holders) of the state information resources (further - customers) who showed willingness (intention) to place the state information resources and their backup copies on cloudy resources and/or in data-processing centers which are located outside Ukraine.

2. In this Procedure terms are used in the value given in the Laws of Ukraine "About information protection in information communications systems", "About public electronic registers", "About Public service of special communication and information protection of Ukraine", "About the basic principles of ensuring cyber security of Ukraine", "About electronic confidential services", "About information", "About cloudy services" and "About electronic communication".

3. Placement of the state information resources and their backup copies on cloudy resources and/or in data-processing centers which are located outside Ukraine is performed by customers based on the agreement which is signed in the presence of approval of the SSU according to item 4 of this Procedure.

4. Customers approve with the SSU which is effective within competence, questions of use of cloudy resources and/or data-processing centers which are located outside Ukraine, for placement of the state information resources and their backup copies by the direction of the letter in any form, with data concerning the supplier of cloudy services according to requirements of the legislation of Ukraine concerning documentation of management activity.

Reports to customers within ten working days from the date of receipt of the letter from such customers about the made decision of the SSU.

Customers report to Administration of Gosspetssvyaz and Mintsifri about use of cloudy resources and/or data-processing centers which are located outside Ukraine, for placement of the state information resources and their backup copies by the direction of the letter in any form with indication of data concerning the supplier of cloudy services according to requirements of the legislation of Ukraine concerning documentation of management activity within five working days from the date of the beginning of such use.

5. Customers provide creation of backup copies of the state information resources on separate physical carriers in encrypted form and their subsequent transfer (movement) for storage in established by the legislation of Ukraine in the field of information protection in information, electronic communication and information communications systems according to the procedure, including outside Ukraine.

6. Customers bear responsibility for integrity and confidentiality of the state information resources and their backup copies in case of transfer (movement) of the state information resources in cloudy resources and/or data-processing centers which are located outside Ukraine.

7. The service provider (the supplier of cloudy services or resources in data-processing centers) by whom are transferred the state information resources or their backup copies (move), shall have the document on compliance of system implementation of information security to international standards.

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