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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of June 30, 2014 No. 360

About approval of the Instruction about order of interaction of operators of telecommunication and operators of mobile cellular communication with the state bodies of the Kyrgyz Republic performing operational search activities

For the purpose of providing necessary conditions for conducting investigation and search operations in networks and on communication channels on identification, the prevention and suppression of the criminal encroachments causing damage to interests of the personality, society and state according to articles 21 and 21-1 of the Law of the Kyrgyz Republic "About electric and mail service" and article 7 of the Law of the Kyrgyz Republic "About operational search activities", being guided by article 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic", the Government of the Kyrgyz Republic decides:

1. Approve the enclosed Instruction about order of interaction of operators of telecommunication and operators of mobile cellular communication with the state bodies of the Kyrgyz Republic performing operational search activities.

2. To the state bodies of the Kyrgyz Republic performing operational search activities and also the state bodies functioning in the field of electric communication:

- take the measures following from this resolution;

- bring the decisions into accord with this resolution.

3. This resolution becomes effective after 15 days from the date of official publication.

4. To impose control of execution of this resolution on department of defense, law and order and emergency situations of Government office of the Kyrgyz Republic.

Prime Minister

J. Otorbayev

Approved by the order of the Government of the Kyrgyz Republic of June 30, 2014 No. 360

The instruction about order of interaction of operators of telecommunication and operators of mobile cellular communication with the state bodies of the Kyrgyz Republic performing operational search activities

1. General provisions

1. This Instruction according to the laws of the Kyrgyz Republic "About operational search activities" and "About electric and mail service" determines order of interaction of operators of telecommunication and operators of mobile cellular communication of the state bodies of the Kyrgyz Republic performing operational search activities, and also procedure for implementation and operation of technical means of system of ensuring investigation and search operations in networks and communication channels of the Kyrgyz Republic.

2. In this Instruction the following concepts are used:

technical means of system of ensuring investigation and search operations (further - TS of SORM) - complex technical and the hardware and software of conducting investigation and search operations in networks and communication channels;

the control panel the SORM technical means (further - PU SORM) - the control panel the SORM technical means located at the user of SORM and which is under its management;

the user of SORM - the authorized state body knowing national security issues of the Kyrgyz Republic;

identification sign of the subscriber - sign by which the subscriber in communication system (individual subscriber number of the terminal equipment, the IP address, the international identifier of mobile devices (IMEI), the international system identifier of the subscriber (IMSI, TMSI) is determined.

3. The organization and tactics of conducting investigation and search operations in networks and communication channels are the state secret. Operators of telecommunication and operators of mobile cellular communication accept the measure SORM approved with the user to non-admission of disclosure organizational and techniques of conducting investigation and search operations.

4. Direct interaction with operators of telecommunication and operators of mobile cellular communication concerning implementation and operation of TS of SORM is performed by the user of SORM, including for the benefit of other state bodies performing operational search activities (further - HORDES).

2. Procedure for implementation and acceptance in operation of TS of SORM

5. Installation of TS of SORM on the equipment of operators of telecommunication which is again put and being in operation and operators of mobile cellular communication is carried out according to jointly developed operator of telecommunication and the operator of mobile cellular communication and the user of SORM the actions plan on implementation of TS of SORM (further - the plan), with obligatory specifying of responsible persons and completion dates of each Item of the plan, in the amounts which are not exceeding technical requirements to TS of the SORM stated in annexes 1, 2 and 3 and which are integral part of this Instruction.

6. The plan shall be developed no later than 30 days from the date of receipt of telecommunication by the operator and operator of mobile cellular communication of the license for rendering communication services, and concerning the acting operators of telecommunication and operators of mobile cellular communication - from the date of entry into force of this Instruction, and is effective from the date of its signing of telecommunication by the operator, operator of mobile cellular communication and the user of SORM.

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