It is registered
Ministry of Justice of Ukraine
August 5, 2016
No. 1097/29227
of May 23, 2016 No. 346
About approval of the Procedure for decision making by determination of operators of information and telecommunication systems (networks) of National system of confidential communication
According to the subitem 7 of Item 14 of the Regulations on structure of National system of confidential communication and conditions of its use for safety of the information exchange approved by the resolution of the Cabinet of Ministers of Ukraine of May 14, 2015 No. 303, I order:
1. Approve the Procedure for decision making by determination of operators of information and telecommunication systems (networks) of National system of confidential communication which is applied.
2. In accordance with the established procedure to submit to department of special information and telecommunication systems of Administration of Public service of special communication and information protection of Ukraine this order on state registration to the Ministry of Justice of Ukraine.
3. This order becomes effective from the date of its official publication.
4. I reserve control of execution of this order.
Chairman of Service major general of Gosspetssvyaz
L. A. Evdochenko
Approved by the Order of Administration of Public service of special communication and information protection of Ukraine of May 23, 2016, No. 346
1. This Procedure establishes the procedure of decision making concerning determination of operators of telecommunications by operators of information and telecommunication systems (networks) of National system of confidential communication (further - operators of NSKS), with use of resource of own telecommunication networks, telecommunication public service network, National telecommunication network which can provide services of confidential communication and/or secure access to the Internet to public authorities and local government bodies, the state companies, organizations, the organizations, the procedure of their inclusion in the list of operators of telecommunications who have the right to provide services of confidential communication and/or secure access to the Internet (further - the List of operators of NSKS) or failure in such inclusion, and also procedure for consideration and decision making about modification of the List of operators of NSKS.
2. In this Procedure terms are used in such values:
the statement for inclusion in the List of operators of NSKS (appendix 1) (further - the statement) - the document of the established form which goes the applicant for its inclusion in the List of operators of NSKS;
the statement for change of the data specified in the statement for inclusion in the List of operators of NSKS (appendix 2) - the document of the established form which in case of change of the data specified in the statement, the operator directs for modification of the List of operators of NSKS;
the applicant - the operator of telecommunications who showed willingness to perform operator activities for provision of services of confidential communication and/or secure access to the Internet and is included in the register of operators, providers of telecommunications which has the license on provision of services in the field of cryptographic information protection (except services of the electronic digital signature) and information technical protection, according to the list which is determined by the Cabinet of Ministers of Ukraine;
operators of NSKS are the operators of telecommunications entered to the List of operators of NSKS with use of resource of own electronic communication networks, electronic communication network public, National telecommunication network which can provide services of confidential communication and/or service of secure access to the Internet to public authorities, local government bodies, the state companies, organizations, the organizations, other legal entities and physical persons on paid basis;
the notification on inclusion in the List of operators of NSKS (appendix 3) (further - the notification on inclusion in the List) - the document of the established form confirming inclusion of the applicant in the List of operators of NSKS according to the decision of Administration of Gosspetssvyaz.
Other terms in this Procedure are used in the values given in the Laws of Ukraine "About National system of confidential communication", "About telecommunications", "About radio-frequency resource of Ukraine" and "About Public service of special communication and information protection of Ukraine", the resolution of the Cabinet of Ministers of Ukraine of May 14, 2015 No. 303 "Some questions of the organization of interdepartmental information exchange in National system of confidential communication".
3. The decision on inclusion of the applicant in the List of operators of NSKS, modification of it are accepted by Administration of Gosspetssvyaz according to this Procedure.
4. The list of operators of NSKS is kept in electronic and documentary (paper) forms in Ukrainian.
5. In case of detection of mismatch of entry in the List of operators of NSKS the priority has record on papers.
6. The applicant acquires the right to perform activities for provision of services of confidential communication and/or services of secure access to the Internet agrees to the type (types) of services specified (specified) in List of operators NSKS from acceptance date Administration of Gosspetssvyaz of the decision on inclusion (modification) of the List of operators of NSKS.
7. The applicant cannot transfer the notification on inclusion in the List to other subjects of managing for implementation of activities for provision of services of confidential communication by them.
8. The applicant provides reliability of the data specified in the statement.
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