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 when carrying out special investigative actions and counterprospecting actions

For the purpose of providing necessary conditions for carrying out special investigative actions and counterprospecting actions 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", article 9 of the Law of the Kyrgyz Republic "About counterintelligence activities", article 7 of the Law of the Kyrgyz Republic "About operational search activities", Article 219 of the Code of penal procedure of the Kyrgyz Republic, 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:

1. Approve the enclosed Instruction about order of interaction of operators of telecommunication and operators of mobile cellular communication when carrying out special investigative actions and counterprospecting actions.

2. To state bodies of the Kyrgyz Republic when carrying out special investigative actions and counterprospecting actions, and also to 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.

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 when carrying out special investigative actions and counterprospecting actions

1. General provisions

1. This Instruction according to the laws of the Kyrgyz Republic "About operational search activities", "About counterintelligence activities", "About electric and mail service" and the Code of penal procedure of the Kyrgyz Republic determines order of interaction of operators of telecommunication and operators of mobile cellular communication when carrying out special investigative actions and counterprospecting actions, and also procedure for implementation and operation of technical means of system of ensuring special investigative actions and counterprospecting actions in networks and on 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 on special investigative actions, special investigative actions and counterprospecting actions (further - TS of SORM) - complex technical and the hardware and software of conducting investigation and search operations on special investigative actions, special investigative actions and counterprospecting actions in networks and on 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 - authorized state body in the field of ensuring national security 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 for special investigative actions, special investigative actions and counterprospecting actions in networks and on 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.

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.

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