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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of February 15, 2012 No. 37

About approval of "Special rules of use of communication in emergency situations"

(as amended on 22-09-2016)

For the purpose of ensuring execution of articles 15 and 16 of the Law of the Azerbaijan Republic "About telecommunications" the Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Special rules of use of communication in emergency situations" (are applied).

2. This resolution becomes effective from the date of signing.

Prime Minister of the Azerbaijan Republic

Artur Rasi-Zade

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of February 15, 2012 No. 37

Special rules of use of communication in emergency situations

1. General provisions

1.1. These rules are developed according to the Laws of the Azerbaijan Republic "About emergency state", "About mail", "About telecommunications", the Presidential decree of the Azerbaijan Republic of April 27, 2005 No. 231 "About application of the Law of the Azerbaijan Republic "About entering of amendments and changes into some legal acts of the Azerbaijan Republic and recognition of some legal acts voided in connection with application of the Law of the Azerbaijan Republic "About emergency state" and determines the directions of provision of communication networks and means of communication first of all in use of authorized state bodies, centralized management of communication networks, rendering communication services to subscribers and users, during the period of action of emergency state in the territory of its application.

1.2. If for action of emergency state in the territory of its application introduction by the President of the Azerbaijan Republic of temporary restrictions is provided, for use of the communication determined by these rules it is necessary to observe special requirements.

1.3. These rules regulate instructions for use communication in emergency situations by all telecommunication and mail operators, irrespective of pattern of ownership, for action of emergency state in the territory of its application.

1.4. The measures providing restriction of the rights and legitimate interests of all operators and companies irrespective of pattern of ownership, the rights of the subscribers and users using communication services in the conditions of emergency state are performed according to the procedure, established by the Constitution and the legislation of the Azerbaijan Republic. These measures shall not be the cause of discrimination of individuals and separate national groups.

1.5. Tasks for ensuring stability of the interconnected telephone network public and satisfaction of requirement of authorized state bodies for communication services in the conditions of emergency state before introduction of emergency state provide the Ministry of Communications and Information Technologies of the Azerbaijan Republic and the Ministry of Emergency Situations of the Azerbaijan Republic:

1.5.1. creation of material inventories (special mobile telecommunication means, devices, terminal equipment, vehicles and other necessary equipment);

1.5.2. systematic replacement of the equipment and means of communication with expired useful life;

1.5.3. establishment of places for storage of material resources (warehouse and other storage locations (that number at operators of telecommunication networks public);

1.5.4. issue of the order about leave to destination from storage locations of material resources of the necessary equipment and other equipment.

1.6. The telecommunication operator public shall provide reliable protection of the material resources placed in its territory.

2. Operating mode on telecommunications agencies and management of communication networks in the conditions of emergency state

2.1. In case of emergency situations telecommunication networks public are controlled on a centralized basis by the Ministry of Communications and Information Technologies of the Azerbaijan Republic.

2.2. In case of emergency situations other communication networks public are controlled on a centralized basis by the Ministry of Communications and Information Technologies of the Azerbaijan Republic in interaction with the Ministry of Emergency Situations of the Azerbaijan Republic performing mitigation of consequences of circumstances which led to application of emergency state, and other state bodies, and also other subjects having communication networks.

2.3. For action of emergency state by the telecommunication networks public located in zone of emergency state (including objects of "Teleradio and Satellite Communication" production association of the Ministry of Communications and Information Technologies of the Azerbaijan Republic), the extraordinary operating mode shall be applied by objects of mail service of the national operator of mail service of Azerpocht LLC, associations and telecommunications agencies will organize service on duty and dispatching as a part of heads and specialists, repair and recovery groups at it.

2.4. For action of emergency state the objects of mail service of the national operator of mail service located in zone of emergency state create groups on duty.

2.5. In case of emergency situations telecommunication operators and providers, first of all, shall create necessary conditions for allocation of communication channels for needs of public authorities, including bodies of defense, state security, foreign intelligence and internal affairs, the Ministry of Emergency Situations of the Azerbaijan Republic, the commandant of the action area of emergency state, to provide their reliability, to take urgent measures for replacement, recovery of the damaged communication channels, requirements satisfaction of the mentioned bodies in telecommunication services.

2.6. For action of emergency state in the action area of emergency state necessary works for providing the corresponding reliable communication with organizations of communication and the national operator of mail service are performed by the Ministry of Communications and Information Technologies of the Azerbaijan Republic.

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