ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of November 19, 2014 No. 161

About approval of provisions of territorial authorities of Committee of communication, informatization and information of the Ministry for Investments and Development of the Republic of Kazakhstan

According to the subitem 6) Item 1 of article 29 of the Law of the Republic of Kazakhstan of March 24, 1998 "About regulatory legal acts" and the order of the Government of the Republic of Kazakhstan of September 19, 2014 No. 995 "Some questions of the Ministry for Investments and Development of the Republic of Kazakhstan", PRIKAZYVAYU:

1. Approve enclosed:

1) Regulations on public institution "Inspection of communication and informatization of Committee of communication, informatization and information of the Ministry for Investments and Development of the Republic of Kazakhstan on the city of Astana and Akmola area" according to appendix 1 to this order;

2) Regulations on public institution "Inspection of communication and informatization of Committee of communication, informatization and information of the Ministry for Investments and Development of the Republic of Kazakhstan on the city of Almaty and Almaty region" according to appendix 2 to this order;

3) Regulations on public institution "Inspection of communication and informatization of Committee of communication, informatization and information of the Ministry for Investments and Development of the Republic of Kazakhstan on the Aktyubinsk region" according to appendix 3 to this order;

4) Regulations on public institution "Inspection of communication and informatization of Committee of communication, informatization and information of the Ministry for Investments and Development of the Republic of Kazakhstan on Atyrau area" according to appendix 4 to this order;

5) Regulations on public institution "Inspection of communication and informatization of Committee of communication, informatization and information of the Ministry for Investments and Development of the Republic of Kazakhstan on the East Kazakhstan region" according to appendix 5 to this order;

6) Regulations on public institution "Inspection of communication and informatization of Committee of communication, informatization and information of the Ministry for Investments and Development of the Republic of Kazakhstan on Jambyl area" according to appendix 6 to this order;

7) Regulations on public institution "Inspection of communication and informatization of Committee of communication, informatization and information of the Ministry for Investments and Development of the Republic of Kazakhstan on the West Kazakhstan region" according to appendix 7 to this order;

8) Regulations on public institution "Inspection of communication and informatization of Committee of communication, informatization and information of the Ministry for Investments and Development of the Republic of Kazakhstan on the Karaganda region" according to appendix 8 to this order;

9) Regulations on public institution "Inspection of communication and informatization of Committee of communication, informatization and information of the Ministry for Investments and Development of the Republic of Kazakhstan on Kyzylorda area" according to appendix 9 to this order;

10) Regulations on public institution "Inspection of communication and informatization of Committee of communication, informatization and information of the Ministry for Investments and Development of the Republic of Kazakhstan on the Kostanay region" according to appendix 10 to this order;

11) Regulations on public institution "Inspection of communication and informatization of Committee of communication, informatization and information of the Ministry for Investments and Development of the Republic of Kazakhstan on Mangystau Region" according to appendix 11 to this order;

12) Regulations on public institution "Inspection of communication and informatization of Committee of communication, informatization and information of the Ministry for Investments and Development of the Republic of Kazakhstan on the Pavlodar region" according to appendix 12 to this order;

13) Regulations on public institution "Inspection of communication and informatization of Committee of communication, informatization and information of the Ministry for Investments and Development of the Republic of Kazakhstan on the North Kazakhstan area" according to appendix 13 to this order;

14) Regulations on public institution "Inspection of communication and informatization of Committee of communication, informatization and information of the Ministry for Investments and Development of the Republic of Kazakhstan on the Southern Kazakhstan area" according to appendix 14 to this order.

2. (Sarsenov S. S.) to provide to committee of communication, informatization and information of the Ministry for Investments and Development of the Republic of Kazakhstan:

1) in the procedure established by the legislation state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan, the direction of the copy on official publication in mass media and information system of law of Ad_let of the republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan";

3) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) within 10 working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

3. To impose control of execution of this order on the vice-minister of investments and development of the Republic of Kazakhstan Zhumagaliyev A. K.

4. This order becomes effective from the date of its first official publication.

Appendix 1

to the Order of the Minister of investments and development of the Republic of Kazakhstan of November 19, 2014 No. 161

Regulations on public institution "Inspection of communication and informatization of Committee of communication, informatization and information of the Ministry for Investments and Development of the Republic of Kazakhstan on city of Astana and Akmola area"

1. General provisions

1. The public institution "Inspection of communication and informatization of Committee of communication, informatization and information of the Ministry for Investments and Development of the Republic of Kazakhstan on the city of Astana and Akmola area" (further - Inspection) is the territorial authority of Committee of communication, informatization and information of the Ministry for Investments and Development of the Republic of Kazakhstan (further - Committee) performing realizable, control and supervising functions in the field of communication, informatizations.

2. Inspection performs the activities according to the Constitution of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan, acts of the President, the Government of the Republic of Kazakhstan and the Ministry for Investments and Development of the Republic of Kazakhstan and other regulatory legal acts, and also this Provision.

3. Inspection is legal entity in form of business of public institution, has seals and stamps with the name in state language, forms of the established sample, according to the legislation of the Republic of Kazakhstan of the account in bodies of treasury.

4. The inspectorate enters the civil relations from own name.

5. Inspection acts as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation.

6. The inspectorate for questions of the competence makes decisions the Inspections which are drawn up by orders of the Head.

7. The structure and limit of the number of staff affirms according to the legislation of the Republic of Kazakhstan.

8. Inspection location: Republic of Kazakhstan, 010000, city of Astana, Saryarkinsky district, Prospekt Respubliki, 13.

9. Full name of state body - republican public institution "Inspection of communication and informatization of Committee of communication, informatization and information of the Ministry for Investments and Development of the Republic of Kazakhstan on the city of Astana and Akmola area".

10. This Provision is the constituent document of Inspection.

11. Financing of activities of Inspection is performed at the expense of means of the republican budget.

12. The inspectorate is not allowed to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of Inspection.

2. Main objectives, functions and rights of Inspection

13. The main objectives of Inspection is participation in forming and realization of state policy in the sphere of communication and informatization.

14. Inspection performs within the competence the following functions:

1) implementation of the state control of execution of requirements of the legislation of the Republic of Kazakhstan in the field of communication on the corresponding administrative and territorial unit;

2) ensuring carrying out the state control of activities of business entities in the field of communication and use of radio-frequency range;

3) the direction of instructions about elimination of violations in work of separate means or communication networks in case of identification of abuses of regulations of operation of processing equipment of communication networks, labor protection and safe engineering which create threat of life and to human health, the environment or normal functioning of life support systems, according to the legislation of the Republic of Kazakhstan;

4) participation in actions for acceptance for operation of means of communication;

5) shutdown of radio-electronic means and high-frequency devices of civil appointment in case of lack of the permission to operate and (or) discrepancy of technical characteristics to the established regulations;

6) control over the implementation of organizational and technical actions for ensuring electromagnetic compatibility of electronic means and high-frequency devices;

7) participation in coordination of construction plans and acceptance for operation of constructions of communication, lines of telecommunications, except for networks of government communication;

8) implementation of radio control and conducting checks of use of radio-frequency range by the physical persons and legal entities performing activities in the field of communication, and observance by telecom operators of qualification requirements to the subjects performing provision of services in the field of communication and rules of rendering communication services;

9) control of observance by telecom operators of qualification requirements to the subjects performing provision of services in the field of communication, rules of rendering communication services, rules of provision of services of mail service and rules of application of postage stamp on mailings in the territory of the Republic of Kazakhstan;

10) check of the structure of networks and constructions of telecommunications and mail service on compliance to technical regulations and requirements for the organization of their technical operation according to the legislation of the Republic of Kazakhstan;

11) identification and suppression of operation of the radio-electronic means and high-frequency devices operating with violation of the law of the Republic of Kazakhstan in the field of communication;

12) ensuring compliance with regulatory legal acts on the organization of operation of objects of post network and servicing of users of communication services;

13) control on compliance to qualification requirements of operators of long distance and (or) international telecommunication;

14) implementation of the state control in the sphere of informatization regarding observance of requirements of the laws of the Republic of Kazakhstan, presidential decrees of the Republic of Kazakhstan and the orders of the Government of the Republic of Kazakhstan;

15) control of compliance with law of the Republic of Kazakhstan on provision of services of mail service;

16) control on compliance of the state information systems, the hardware and software created and (or) acquired at the expense of budgetary funds, to requirements of technical documentation (the specification, the feasibility statement, the technical specification);

17) participation in actions for acceptance for operation (commercial operation) of the state information systems;

18) control in the sphere of the electronic document and digital signature regarding compliance with laws of the Republic of Kazakhstan and the orders of the Government of the Republic of Kazakhstan about the electronic document and the digital signature;

19) other functions according to the legislation of the Republic of Kazakhstan.

15. Rights of Inspection:

1) to request and obtain information from physical persons and legal entities, necessary for implementation of the functions and tasks assigned to Inspection;

To bring 2) to legal entities and physical persons of the instruction about elimination of violations of requirements of the regulatory legal acts, standards and regulations determining operating procedure of communication networks and information systems;

3) to perform work of networks and means of communication;

4) to take a legal action with claims, to participate in their consideration;

To attract 5) within the competence to conducting examinations and consultations of experts, specialists, and also the staff of other state bodies and other organizations;

6) to perform other rights according to the legislation of the Republic of Kazakhstan.

16. Belongs to duties of Inspection:

1) to provide realization of the tasks and functions assigned to Inspection;

2) to observe the legislation of the Republic of Kazakhstan, it is right also the interests of physical persons and legal entities protected by the law;

3) to prepare explanations on the questions entering competence of Inspection;

4) to represent required materials and references within the competence and within the legislation in case of official request for it by structural divisions of Committee and state bodies;

5) to ensure safety of the state-owned property which is on balance of Inspection.

3. Property of Inspection

17. Inspection has the isolated property on the right of operational management.

The property of Inspection is created at the expense of the property transferred to it by the state and consists of the main and current assets, and also other property which cost is reflected in balance of Inspection.

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