On Communications

The Law of the Republic of Kazakhstan dated 5 July 2004 No. 567

      Footnote. Through the whole text, the word “publicly available” is supplemented by the word “universal” by the Law of the Republic of Kazakhstan dated 03.07.2014 No. 230-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

      This Law establishes legal grounds for activity in the field of communications in the territory of the Republic of Kazakhstan, determines the powers of state bodies on regulation of this activity, right and obligation of individuals and legal entities rendering or using the services of communications.

Chapter 1. General provisions

Article 1. Designation of communications

      1. Communications is integral part of economic and social infrastructure of the Republic of Kazakhstan designated for satisfying the individuals and legal entities and ensuring of necessity of safety, defence, protection of legal order, state bodies in the services of communications.
      2. Means of communications and computer technology, as well as means of information systems are the technical base of ensuring the process of collection, processing, storage and distribution of information.
      Footnote. Article 1 as amended by the Law dated 21.11.2008 No. 89-IV (the order of enforcement see Article 2).

Article 2. Basic definitions used in this Law

      The following basic definitions shall be used in this Law:
      1) subscriber – the individual or legal entity with whom the contract for rendering of communications services is concluded with allocation of exchange connection, subscriber's number and (or) identification code for these purposes;
      2) service information on subscribers – details on subscribers (telephone numbers, identification codes, electronic mail addresses, mail addresses, individual identification number for individuals and requisites (business identification number, data of registration certificate of value added tax) for legal entities), billing details and details on the services provided for subscribers, addresses of subscribers in a data communications network and addresses of referring to web-sites in data communications network, identifiers of the web-site, protocols of data communications network;
      3) exchange connection – communications line that is a part of local network of telecommunications and connecting subscriber’s device with the means of telecommunications of this network;
      4) subscriber’s device – means of communications of individual use forming the signals of electrical communications for transfer and receipt of information required by the subscriber and connected to the service provider network;
      5) special connection – the type of courier service carried out by the organizations of postal communications and ensuring the receipt, processing, protection, carriage and delivery (presentation) of special and other packages containing any secret and values protected by the Law, including precious metals, stones and items made of them;
      6) channels of dispatch service and special communications service – set of postal networks, subdivisions of dispatch service and special communications service used for transmission of special packages escorted by the couriers;
      7) special packages – registered packs, parcels, metal products with inclusion of state secrets and their carriers, as well as correspondence of especial importance of state bodies and organizations, items, their component parts (substances) and freights of defence industry;
      8) universal service provider – communications provider rendering communications services at the telecommunication network of common use that is imposed by the obligation on rendering of universal telecommunication services in accordance with the legislation of the Republic of Kazakhstan;
      9) universal telecommunication services –minimum list of telecommunication services developed by the authorized body and approved by the Government of the Republic of Kazakhstan, the rendering of which to any user of communications services at any inhabited locality in specified term with established quality and level of prices ensuring availability of these services is mandatory for universal service providers;
      10) communications – receipt, collection, processing, storage, transfer (carriage), delivery, distribution of information, postal and special packages, postal money transfers;
      11) communications channel – set of means of telecommunication and transmission medium ensuring transfer of the signal between the means of telecommunications in the frequency band or with the speed of transmission being typical for this communications channel. Depending on the type, the communications channels are divided into telephone, telegraph, data transfer, and on territorial sign – international, intercity, zone and local;
      12) communications network – technological system including the means and lines of communications and intended for telecommunications or postal communications;
      13) communications network management – set of organizational technical measures oriented to ensuring of the functioning of communications network, including regulation of the load flow (traffic);
      14) communications lines – transmission lines (cable, radio-relay, satellite and others), physical circuits and line cable communications installations, including main line )international and intercity);
      15) communications services – activity on receipt, processing, storage, transfer, carriage, delivery of postal and special packages, postal money transfers or messages of telecommunications;
      16) rendering of communications services – the activity of communications providers that is to provide the communications services to users listed in the general classifier of products of economic activity;
      17) user of communications services – the individual or legal entity receiving the communications services;
      18) communications provider – the individual or legal entity rendering the communications services;
      19) economic entities carrying out the activity in the field of communications – communications providers, owners of special, departmental and corporative telecommunications networks, separate switching equipment connected to the communications network of common use, owners of radio electric means being the users of radio-frequency spectrum;
      20) national resources in the field of communications – resources of radio frequencies, numeration and orbital slots of satellite communications;
      21) dominant communications provider – communications provider holding dominant (monopoly) position in the field of communications in accordance with antimonopoly legislation of the Republic of Kazakhstan;
      22) billing – hardware and software system intended for automatic performance of operations of recording the services provided to subscribers, as well as their tariffication and billing for payment;
      23) standard interconnection (connection) point – means of telecommunications intended for interconnection of one network to the other with the use of standard technical specifications and in accordance with the standard form contract of interconnection;
      24) connecting line – set of technical means including the communications line and parts of exchange equipment ensuring interaction between interconnecting and interconnected telecommunications networks;
      25) interconnection service – the activity oriented to satisfying the necessities of communications providers in organization of interaction between the communications networks upon which the establishment of connection and transmission of information between users of interacting networks becomes possible;
      26) internetwork connections – interaction of telecommunications networks being the results of rendering the service of interconnection of one telecommunications network to another;
      27) local telecommunications network – network and means of telecommunications intended for carrying out the electrical communications in the territory of inhabited locality. Local telecommunications networks shall be divided into city and rural depending on the status of inhabited locality;
      28) system of time-based cost accounting of local telephone connections (hereinafter – time-based accounting of local telephone connections) – set of technologies of the accounting methods of local telephone connections ensuring calculation of the payment sums for using the services of local telecommunications network;
      29) assignment (designation) of the frequency band, radio frequencies (radio frequency channel) – permission for using the radio frequency spectrum issued by the relevant radio frequency body to the user of the radio frequency spectrum for using the frequency band, radio frequencies (radio frequency channel) specified in this permission, with the use of radio electronic means;
      30) high frequency devices – equipment and (or) devices intended for generation and use of electromagnetic energy in industrial, scientific, medical, domestic or other purposes with the exception of applying in the field of telecommunications;
      31) cable-conduit line – set of underground pipes and wells designed for routing, assembling and technical maintenance of the communications cables;
      32) coded communications – protected communications with the use of documents and coding technology;
      33) intercity communications line – communications line connecting intercity switching stations of the communications provide in the territory of the Republic of Kazakhstan;
      34) intercity communications provider – fixed line communications provider owning and (or) operating intercity communications line, intercity switching stations and rendering the services of intercity telephone communications;
      35) intercity and international communications provider – fixed line communications provider owning and (or) operating intercity and international communications lines, intercity and international switching stations and rendering the services of intercity and international telephone communications on a traffic transit and provision of network resources to other communications operators;
      36) intercity telephone communications – telephone interconnection between users of the communications services being in the territory of the Republic of Kazakhstan with the exception of local telephone communications;
      37) confidential communications – protected communications with the use of encrypting devices;
      38) combined payment service system – payment system upon which the sum of payments of the communications user for particular period consists of:
      direct component – payment for provision of exchange connection independently from its type in sustained use of the subscriber and particular quantity of tariffication units of local connections;
      periodical component – payment for provision of telephone connection depending on its actual duration in tariffication units;
      39) time-based service payment system – service payment system upon which the sum of payments of the communications user for particular period of time includes the payment for provision of telephone connection depending on its actual duration in tariffication units;
      39-1) short text and multimedia message – service rendered by the cellular communications provider on receipt and transmission of information by cellular communications network;
      40) main communications line – ground (cable, including fiber-optic, radio-relay) or satellite communications line connecting zone (intercity) and (or) international switching stations of telecommunications networks of the Republic of Kazakhstan and foreign states;
      40-1) state technical service – republican state enterprise on the basis of the right of economic management created under decision of the Government of the Republic of Kazakhstan;
      40-2) servants of state dispatch service – the citizen of the Republic of Kazakhstan from among the employees of dispatch service that is assigned by the special rank;
      41) numbering resource – set of numbers used in communications networks;
      42) telecommunications network of common use – telecommunications network available for use by individuals and legal entities;
      43) postal communications – receipt, processing, carriage and delivery of postal and special packages, as well as postal money transfer;
      44) postal matters – written correspondence, parcels, postal containers, as well as printed publications in the relevant packing;
      45) amateur radio service – service of radio communications for the purpose of self-education, intercommunication and technical researches carried out by the individuals having the relevant permission;
      46) radio control – system of measures ensuring operation of radio electronic means and high quality devices with available noise level by performing the technical control of radio-wave radiations, inspection of radio electronic means and high quality devices, detection and suppression of action of the sources of radio noises, violation of order of using the radio frequencies, standards and norms on parameters of radiation of radio electronic means and high quality devices;
      47) radio frequency bodies – state bodies authorized to carry out distribution, allotment and assignment of the frequency bands, radio frequencies (radio frequency channels), as well as control of their use in accordance with this Law;
      48) radio-frequency spectrum – particular set of radio frequencies in a range from 3 kHz to 400 GHz;
      49) use of radio frequency spectrum – individual or legal entity assigned (appointed) by the frequency band or radio frequency (radio frequency channel);
      50) conversion of radio frequency spectrum – set of measures oriented to expansion of using the radio frequency spectrum by radio electronic means of civil purpose;
      51) radio electronic mean – technical mean designated for transmission and (or) receipt of radio frequencies and consisting of one or several transmission and (or) receiving devises or their combinations including support equipment;
      52) identification code – code of the subscriber’s device or subscriber’s station assigned by the producer factory that shall be transferred into the network of communications provide upon connecting of this device to it;
      53) tariffication unit – unit of time keeping, quantity or volume of information for which the payment for the relevant type of communications service is charged, being compulsory for communications providers and network owners of all the categories included to the single network of telecommunications of the Republic of Kazakhstan;
      54) protected zone of telecommunications networks – land plot located along the communications line and around the communications objects with the vegetation and structures being on it;
      55) telecommunications network – set of means of telecommunications and communications lines ensuring transmission of messages of telecommunications consisting of switching equipment (stations, substations, concentrators), line cable constructions (exchange connection, connecting lines and channels), transmission systems and subscribers’ devices;
      56) owner of telecommunication networks – the individual or legal entity that owns the part of telecommunications network of common use and (or) the relevant category of the unified telecommunications network;
      57) means of telecommunications (means of communications) – technical devices, equipment, systems and program means allowing to form, transfer, receive, store, process, commutate electromagnetic or optical signals and manage them;
      58) interconnection of one telecommunications network (communications means) to another – organization of technological interaction between two telecommunications networks upon which it is possible to establish connection and transfer information between the users of communications services of these networks;
      59) telecommunications messages – information transferred with the aid of telecommunications means;
      60) subscriber fixed service payment system of telephone connections (hereinafter – subscriber service payment system) – service payment system upon which the sum of payments of the communications user for particular period of time includes the payment for provision of exchange connection independently from its type in permanent use of the subscriber and payment for provision of local telephone connection independently from its average duration in a calculation for one subscriber;
      61) translation – primary signal propagation of tele-,radio channels with the use of technical means of telecommunications;
      62) traffic – flows of calls, messages and signals creating loading on communications means;
      63) traffic transmission – carrying out of the process of establishment of connection and transmission of information between the users of the communications services (telecommunication networks);
      64) direct drive – physical line being a part of local telecommunications network ensuring direct link between the means of telecommunications;
      65) authorized body – central executive body determined by the Government of the Republic of Kazakhstan carrying out implementation of the state policy in the field of communications, state control, coordination and regulation of the activity of persons providing and using the services in the field of communications;
      66) cellular communications – type of electrical communications using division of the serviced territory for the whole range of cells ensuring the possibility of continuity of communications upon movement of the subscriber from cell to cell and designed for two-way (multy-way) communications primarily in the form of speech, transferred by radio-waves;
      67) cellular communications provider – communications provider rendering the services of cellular communications in accordance with the legislation of the Republic of Kazakhstan;
      68) government communications – special protected communications for the requirements of the state management;
      69) dispatch communications – type of government courier service ensuring receipt, preservation, carriage and delivery of correspondence of the state bodies including the details that are the state secrets;
      70) physical line –metal wires or optical fibers creating guiding medium for transfer of telecommunications messages;
      71) international communications lines – communications lines crossing the border of the Republic of Kazakhstan or having the point of junction on the border of the Republic of Kazakhstan with the communications line of the communications provider of another country and connecting international switching station of the communications provider of the Republic of Kazakhstan with international switching stations of the communications providers of other states;
      72) international communications provider – provider of the sized communications owning and (or) operating international communications line, international switching station and rendering the services of international telephone communications;
      73) international telephone communications – telephone connection between the users of communications services being in the territory of the Republic of Kazakhstan, and the users of the communications services in the territory of another state;
      74) terminating equipment – technical means for transfer or receipt of the signals of telecommunications in the communications lines connected to the exchange connections and being in use of the subscribers or designed for mentioned purposes;
      75) encrypted communications – protected communications with the use of hand ciphers, cipher machines and special means of computer technology;
      76) cryptographic operation – set of legal, organizational and technical measures carried out by the authorized state bodies, bodies of military administration, national security and internal affairs of the Republic of Kazakhstan oriented to protection of details that are the state secrets of the Republic of Kazakhstan subjected to the transfer by networks of encrypted, secured and coded communications with the use of the relevant encryption means;
      77) electrical communications (telecommunications) – transfer or receipt of signs, signals, voice information, written text, images, sounds by wired, radio, optic and other electromagnetic systems;
      78) electromagnetic compatibility – capability of technical mean to function with requested quality in requested electromagnetic environment and not to create inadmissible electromagnetic interference to other technical means.
      Footnote. Article 2 is in the wording of the Law of the Republic of Kazakhstan dated 23.04.2012 No. 14-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Laws of the Republic of Kazakhstan dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its official publication); dated 10.07.2012 No. 34-V (shall be enforced from the date of its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.06.2013 No. 107-V (shall be enforced upon expiry of thirty calendar days after its first official publication); dated 23.04.2014 No. 200-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 3. Legislation of the Republic of Kazakhstan in
the field of communications

      1. Legislation of the Republic of Kazakhstan in the field of communications is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
      2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules than those contained in this Law, the rules of international law shall be applied.

Chapter 2. State regulation and control of the activity
in the field of communications

Article 4. State regulation and control of the activity in
the field of communications

      1. State regulation and control of the activity in the field of communications shall be carried out on the basis of legal groundwork, licensing of separate types of activity, control of compliance with the legislation of the Republic of Kazakhstan in the field of communications.
      2. State management in the field of communications shall be carried out by the President of the Republic of Kazakhstan, Government of the Republic of Kazakhstan and authorized body.
      3. State control of compliance with the legislation of the Republic of Kazakhstan in the field of communications shall be carried out by the authorized body.
      Footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011).

Article 5. Basic definitions of the state regulation of
activity in the field of communications

      The principles of the state regulation of activity in the field of communications are:
      1) protection of rights and legal interests of the users of communications services, economic entities carrying out the activity in the field of communications;
      2) creation of conditions for rendering of universal telecommunications services;
      3) liberty of transmission of messages through the networks and means of telecommunications, liberty of acceptance, delivery and transit of postal matters;
      4) equality of the rights of individuals and legal entities to participate in the activity in the field of communications and use of its results;
      5) fair competition;
      6) ensuring of safety, reliability and manageability of communications considering the network technological special aspects on the basis of common standards in the territory of the Republic of Kazakhstan;
      7) assistance in expansion of international cooperation in the field of communications, integration into the world communications system;
      8) ensuring of the centralized management of national resources in the field of communications.
      Footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 29 December 2006 No. 209 (the order of enforcement see Article 2).

Article 6. Main tasks of the state regulation and control
of activity in the field of communications

      Main tasks of the state regulation and control of activity in the field of communications are:
      1) carrying out the state policy in the field of communications for effective functioning of the communications services market;
      2) carrying out the state regulation and control of activity in the field of communications;
      3) development of suggestions and implementation of main directions and priorities of development and improvement of communications of the Republic of Kazakhstan;
      4) protection of rights and legal interests of individuals and legal entities, as well as national resources of the state.

Article 7. Competence of the Government of the
Republic of Kazakhstan

      Competence of the Government of the Republic of Kazakhstan in the field of communications shall include:
      1) development of main directions of the state policy in the field of communications and organization of their carrying out;
      2) ensuring of development of international cooperation in the field of communications, delegation of powers on these questions on authorized body;
      3) development and implementation of the state policy in the field of distribution of radio-frequency spectrum, as well as effective use of radio frequencies and orbital slots of satellite communications;
      4) approval of the order of preparation and use of telecommunications networks of common use, resources of single telecommunications network for the needs of state bodies, bodies of defence, security and protection of legal order of the Republic of Kazakhstan;
      5) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);
      6) approval of the order of holding the competitions for receipt of licenses for carrying out the entrepreneurial activity on rendering of communications services;
      7) approval of provision on Interdepartmental commission on radio frequencies of the Republic of Kazakhstan and its composition;
      8) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);
      9) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);
      10) determination of order and amounts of single payment for carrying out of entrepreneurial activity on rendering of services in the field of communications with the use of radio frequency spectrum;
      11) approval of provision on the state dispatch service of the Republic of Kazakhstan, as well as samples of uniform outfit;
      12) determination of the list of subjects prohibited to transfer by post;
      13) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);
      14) approval of the list of universal telecommunications services and the rules of subsidizing the cost of universal telecommunications services;
      14-1) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);
      14-2) approval of the rules of conducting the conversion of radio frequency spectrum and method of feasibility study of expenses for conducting the conversion of radio frequency spectrum;
      14-3) is excluded by the Law of the Republic of Kazakhstan dated 18.01.2012 No. 546-IV (shall be enforced upon expiry of thirty calendar days after its first official publication);
      14-4) is excluded by the Law of the Republic of Kazakhstan dated 18.01.2012 No. 546-IV (shall be enforced upon expiry of thirty calendar days after its first official publication);
      14-5) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);
      14-6) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);
      14-7) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);
      14-8) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);
      14-9) is excluded by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      15) performance of other functions imposed on it by the Const5itution, Laws and acts of the president of the Republic of Kazakhstan.
      Footnote. Article 7 as amended by the Laws of the Republic of Kazakhstan dated 29 December 2006 No. 209 (the order of enforcement see Article 2); dated 21.11.2008 No. 89-IV (the order of enforcement see Article 2); dated 29.12.2010 No. 373-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 18.01.2012 No. 546-IV (shall be enforced upon expiry of thirty calendar days after its first official publication); dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 8. Competence of the authorized body and its
territorial subdivisions

      1. Competence of the authorized body shall include:
      1) carrying out the state policy in the field of communications including distribution and use of the national resources in the field of communications, as well as participation within own competence in the scope of technical regulation and metrology in the field of communications and ensuring of its implementation;
      2) carrying out the state regulation and control of activity in the field of communications within the competence;
      3) organization of development of suggestions and realization of the main directions and priorities of development and improvement of communications of the Republic of Kazakhstan, quality improvement, increase of availability and stability of functioning;
      4) is excluded by the Law of the Republic of Kazakhstan dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);
      5) planning and effective use of radio frequency spectrum;
      6) creation of conditions for functioning of the communications services market within the competence;
      7) management of national resources in the field of communications;
      8) development and adoption of regulatory legal acts in the field of communications within the competence, including the order of registration and operation of radio electronic means, high frequency devices, as well as import from abroad, the rules of rendering the communications services;
      8-1) carrying out the radio control and conduct of inspections of using the radio frequency spectrum by individuals and legal entities carrying out the activity in the field of communications, and compliance with qualification requirements by communications providers to the subjects carrying out the rendering of services in the field of communications and the rules of rendering the communications services;
      8-2) development and approval of the forms of documents (protocols, prescriptions, acts on assignment of inspections) concerning the conduct of radio control, inspections of using the radio frequency spectrum by individuals and legal entities carrying out the activity in the field of communications, and compliance with the license conditions by licensees rendering the communications services;
      8-3) is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015);
      8-4) distribution, assignment of permissions for use of radio frequency spectrum by civil users, issuance of permissions of ship station including assignment of calling signal;
      9) licensing of activity in the field of communications;
      10) approval of the types and volumes of issuance of state postage stamps;
      11) access to the objects of communications of economic entities carrying out the activity in the field of communications and using the radio frequency spectrum, for conduct of inspections in established manner upon representation of technical specification and service certificate drawn up in proper manner, with the exception of objects of telecommunications networks of special purpose;
      12) is excluded by the Law of the Republic of Kazakhstan dated 21.06.2013 No. 107-V (shall be enforced upon expiry of thirty calendar days after its first official publication);
      13) cut off of radio electronic means and high frequency devices in case of absence of permissions for the right of their operation and (or) non-conformance of technical characteristics to established standards;
      14) is excluded by the Law of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011);
      15) direction of prescriptions on elimination of violations at the work of separate means or communications networks upon detection of the violations of operation rules of technological equipment of communications networks, labour protection and safety precaution that create a threat to life and health of people, environment or normal functioning of the life support system in accordance with the legislation of the Republic of Kazakhstan;
      16) consideration of applications of individuals and legal entities on the issues of regulation of relations in the field of communications;
      17) coordination of regulatory legal acts establishing the requirements oriented to ensuring of the national security in the field of communications with bodies of the national security, as well as carrying out the coordination of activity of communications providers jointly with bodies of the national security on the issues of ensuring the national security in the field of communications;
      18) maintenance of registers of the national resources and communications providers;
      19) approval of the rules of interconnecting the telecommunications networks to the telecommunications network of common use and regulation of the traffic transmission through the telecommunications network of common use of the Republic of Kazakhstan;
      19-1) development of technical regulations in the field of communications;
      19-2) carrying out the regulation and control in the scopes of natural monopolies and at the regulated markets in the field of telecommunications and universal postal services;
      19-3) carrying out the state regulation of prices for goods (works, services) of market entities holding dominant (monopoly) position at the market of telecommunications services and postal services in accordance with the legislation of the Republic of Kazakhstan;
      19-4) conduct of analysis of goods market for the purpose of ensuring the non-discriminatory access to the goods (works, services) and infrastructure of market entities in the field of telecommunications and postal communications;
      19-5) is excluded by the Law of the Republic of Kazakhstan dated 18.01.2012 No. 546-IV (shall be enforced upon expiry of thirty calendar days after its first official publication);
      19-6) development of qualification requirements to the subjects carrying out rendering of services in the field of communications;
      19-7) issuance of conclusions for import of radio electronic means and high frequency devices of civil designation to the territory of the Republic of Kazakhstan, including integrated or included to the composition of other goods in cases different from import;
      19-8) approval of requirements to the telecommunications networks of the provider of intercity and (or) international communications;
      19-9) approval of the Table of frequency-band allocation between radio services of the Republic of Kazakhstan within the frequency range from 3 kHz to 400 GHz for radio electronic means of all the purposes;
      19-10) approval of qualification requirements and the list of documents confirming the conformance of the applicant to carrying out the activity on rendering of services in the field of communications;
      19-11) approval of the rules of protection of telecommunications networks in the Republic of Kazakhstan including the procedure for establishment of protective zones and work operation mode in there;
      19-12) approval of the rules of assignment of frequency bands, radio frequencies (radio frequency channels), operation of radio electronic means and high frequency devices, as well as conduct of calculation of electromagnetic compatibility of radio electronic means of civil designation;
      19-13) approval of the rules of interconnection and interaction of telecommunications networks including the traffic transmission and procedure for settlement payments;
      19-14) approval of the rules of rendering of communications services;
      19-15) approval of the rules of registration and operation of radio electronic means of amateur radio services;
      19-16) approval of technical regulations in the field of communications;
      20) other powers provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
      2. Competence of territorial subdivisions shall include:
      1) carrying out the state control of control of fulfilling the requirements of the legislation of the Republic of Kazakhstan in the field of communications at the relevant administrative territorial entity;
      2) ensuring of conducting the state control of activity of economic entities in the field of communications and use of radio frequency spectrum;
      3) direction of prescriptions on elimination of violations at the work of separate means or communications networks upon detection of violations of the rules of operation of technological equipment of communications networks, labour protection and safety precaution that create a threat to life and health of people, environment or normal functioning of the life support system in accordance with the legislation of the Republic of Kazakhstan;
      4) participation in measures on acceptance of communications means for operation;
      5) is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      6) cut off of radio electronic means and high frequency devices in case of absence of permissions for the operation and (or) non-conformance of technical characteristics to established standards;
      7) control of performance of organizational technical measures on ensuring the electromagnetic compatibility of electronic means and high frequency devices;
      8) participation in coordination of the construction plans and acceptance of communications structures, telecommunication lines for operation, with the exception of government communications networks;
      9) is excluded by the Law of the Republic of Kazakhstan dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);
      9-1) carrying out the radio control and conduct of inspections of using the radio frequency spectrum by individuals and legal entities carrying out the activity in the field of communications, and compliance with qualification requirements by communications providers to the subjects carrying out the rendering of services in the field of communications and the rules of rendering the communications services;
      9-2) control of compliance with qualification requirements by communications providers to the subjects carrying out the rendering of services in the field of communications, rules of rendering the communications services, the rules of rendering the postal services and rules of applying the postmark on postal matters in the territory of the Republic of Kazakhstan;
      9-3) inspection of the networks device and structures of telecommunications and postal communications for compliance with technical regulations and requirements on organizing their technical operation in accordance with the legislation of the Republic of Kazakhstan;
      9-4) detection and suppression of operation of the radio electronic means and high frequency devices acting with the breach of the legislation of the Republic of Kazakhstan in the field of communications;
      9-5) ensuring of compliance with requirements of regulatory legal acts on organizing the operation of objects of postal communications and service of the users of communications services;
      9-6) carrying out the control for compliance with qualification requirements of the providers of intercity and (or) international communications;
      10) other functions in accordance with the legislation of the Republic of Kazakhstan.
      Footnote. Article 8 as amended by the Laws of the Republic of Kazakhstan dated 31.01.2006 No. 125; dated 29.12.2006 No. 209 (the order of enforcement see Article 2); dated 27.07.2007 No. 316 (shall be enforced from the date of its official publication); dated 21.11.2008 No. 89-IV (the order of enforcement see Article 2); dated 29.12.2008 No. 116-IV (shall be enforced from 01.01.2009); dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2); dated 19.03.2010 No. 258-IV; dated 28.12.2010 No. 369-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2010 No. 373-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 06.01.2011 No. 378 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 15.07.2011 No. 461-IV (shall be enforced from 30.01.2012); dated 18.01.2012 No. 546-IV (shall be enforced upon expiry of thirty calendar days after its first official publication); dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.06.2013 No. 107-V (shall be enforced upon expiry of thirty calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).

Article 9. Radio frequency bodies of the Republic of Kazakhstan

      1. Radio frequency bodies carrying out distribution, allocation and assignment of frequency bands, radio frequencies (radio frequency channels) in the Republic of Kazakhstan are:
      authorized body of the Republic of Kazakhstan;
      central executive body of military administration of the Republic of Kazakhstan.
      2. Main functions of the authorized body upon regulation of radio frequency spectrum are:
      1) development of regulatory legal acts on the issues of distribution and use of radio frequency spectrum on use of radio electronic means and high frequency devices within the competence;
      2) organization of works on technical examination of allocated frequency bands, radio frequencies (radio frequency channels);
      3) issuance of permissions for use of radio frequency spectrum, operation of radio electronic means and high frequency devices of civil designation, including radio electronic means and high frequency devices of amateur radio service in the territory of the Republic of Kazakhstan;
      4) is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      5) suspension of operation of radio electronic means and high frequency devices in case of their non-conformance to established standards and technical regulations, creation of security threat to citizens, environment, as well as upon performance of especially important works and measures in accordance with the legislation of the Republic of Kazakhstan;
      6) carrying out the radio control in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
      7) organization of measures on elimination of radio noises of radio electronic means, including the radio electronic means of international organizations and foreign states acting in accordance with the international treaties;
      8) carrying out the assignment of frequency bands, radio frequencies (radio frequency channels) and performance of measures on international coordination of radio frequencies accordance with the Radio Regulations of the International Telecommunication Union;
      9) maintenance of electronic data base of assigned radio frequency bands of civil designation;
      10) approval of methods of calculating the annual payment for use of radio frequency spectrum.
      3. Central executive body of military administration of the Republic of Kazakhstan in accordance with the national Table of distribution of frequency bands shall conduct required coordinations on allocation and use of radio frequency spectrum within the ranges of joint use for radio electronic means of civil designation, as well as ensure carrying out of regulation of using the radio frequency spectrum and the relevant radio electronic means for the purpose of ensuring the needs of defence and safety of the state.
      Footnote. Article 9 as amended by the Laws of the Republic of Kazakhstan dated 29.12.2006 No. 209 (the order of enforcement see Article 2); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 15.07.2011 No. 461-IV (shall be enforced from 30.01.2012); dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.06.2013 No. 107-V (shall be enforced upon expiry of thirty calendar days after its first official publication).

Article 9-1. State monopoly in the field of communications

      1. State technical service shall carry out the following types of activity related to the state monopoly in the field of communications:
      1) technical assistance of works on monitoring of radio frequency spectrum and radio electronic means including measurement of the parameters of radio signals, detection of stray electromagnetic radiations of radio electronic equipment, as well as technical support of works on detection of radio electronic means and high frequency devices acting with the violation of the legislation of the Republic of Kazakhstan in the field of communications;
      2) technical assistance of maintaining the register (data base) of radio electronic means and radio frequency assignments;
      3) conduct of calculation of electromagnetic compatibility of radio electronic means;
      4) technical support of measures on international cooperation of orbital frequency spectrum of the Republic of Kazakhstan in International Telecommunication Union;
      5) technical support of the system of centralized telecommunications network management of the Republic of Kazakhstan;
      6) technical assistance of works upon conduct of the authorized body of service quality control rendered by the operators of communications.
      2. Prices for goods (works, services) produced and (or) sold by the subject of state monopoly shall be established by the authorized body in concurrence with the antimonopoly body.
      Footnote. Chapter 2 is supplemented by Article 9-1 in accordance with the Law of the Republic of Kazakhstan dated 10.07.2012 No. 34-V (shall be enforced from the date of its first official publication); as amended by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication); by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 10. Competence of local executive bodies

      1. Akimat of the oblast (city of republican significance, the capital) shall:
      1) determine and develop the plans of construction of communications installations, telecommunications lines and other objects of engineering infrastructure with the territorial subdivisions of the authorized body and territorial subdivisions of the authorized state bodies of military administration, national security and internal affairs of the Republic of Kazakhstan carrying out the activity at the relevant administrative territorial entity, with the exception of subdivisions of government communications networks;
      2) the list of objects of social significance jointly with the communications providers for provision of gratuitous connections to subscribers with the compensation of the relevant expenses to communications providers in the manner established by the legislation of the Republic of Kazakhstan;
      3) allocate non-living premises for production objects of postal operators in accordance with the legislation of the Republic of Kazakhstan, as well as render assistance to postal operators in placing the production objects at their territory;
      4) carry out the other powers in behalf of local state management imposed on local executive bodies by the legislation of the Republic of Kazakhstan.
      2. Akim of district in the oblast (city of republican significance, the capital), city of district significance, village, rural settlement, rural district shall make proposals to the akim of oblast (city of republican significance, the capital) on organizing the rendering of communications services at the relevant administrative territorial entity for inclusion to the development plans of the oblast (city of republican significance, the capital).
      Footnote. Article 10 as amended by the Laws of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 11. Regulation of using radio frequency spectrum and
orbital positions of the satellite communications

      1. Regulation of using radio frequency spectrum and orbital positions of the satellite communications is in exceptional competence of the state.
      Regulation of using radio frequency spectrum shall be carried out by radio frequency bodies of the Republic of Kazakhstan and represents the set of legal, economic, organizational and technical measures oriented to effective use of radio frequency spectrum and ensuring of electromagnetic compatibility of radio electronic means and high frequency devices being an integral part of the procedure of assignment (designation) of frequency bands, radio frequency (radio frequency channel).
      Maintenance of republican data base of radio frequency spectrum reflecting the electromagnetic situation in the Republic of Kazakhstan shall be carried out by the radio frequency bodies of the Republic of Kazakhstan.
      Radio frequency spectrum is the national resource in the field of communications.
      2. Development of proposals on implementation of the state policy in the field of distribution of radio frequency spectrum, as well as effective use of radio frequency spectrum and orbital positions of satellite communications in behalf of the state shall be carried out by the Interdepartmental commission on radio frequencies of the Republic of Kazakhstan with participation of associations (unions) of communications providers and public associations of the users of communications services and radio frequency spectrum.
      3. Use of radio frequency spectrum being restrictive national resource shall be carried out on a paid basis. Annual rates, procedure for calculation and payment to the state budget for use of radio frequency spectrum shall be determined in accordance with the Tax Code of the Republic of Kazakhstan.
      4. Is excluded by the Law of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011).
      5. Is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      6. Level of industrial noises created by radio electronic means and high frequency devices shall not excess the standards established by technical regulations and regulatory documents on standardization for these types of radio electronic means and high frequency devices.
      External interference protection of radio electronic means and high frequency devices from industrial noises shall not be less than the standards established by the technical regulations and regulatory documents for these types of radio electronic means and high frequency devices.
      Footnote. Article 11 as amended by the Laws of the Republic of Kazakhstan dated 29.12.2006 No. 209 (the order of enforcement see Article 2); dated 21.11.2008 No.89-IV (the order of enforcement see Article 2); dated 28.12.2010 NO. 369-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.06.2013 No. 107-V (shall be enforced upon expiry of thirty calendar days after its first official publication).

Article 12. general provisions on distribution of radio
frequency spectrum, allocation and assignment (designation) of
frequency bands, radio frequencies (radio frequency channels)

      1. Use of radio frequency spectrum in the Republic of Kazakhstan shall be carried out in accordance with the following principles:
      1) administrative order of access of the users to radio frequency spectrum;
      2) right of equal access of all the users to radio frequency spectrum considering the state priorities;
      3) payment of using the radio frequency spectrum;
      4) inadmissibility of termless allocation, assignment (designation) of frequency bands, radio frequencies (radio frequency channels);
      5) conversion of using radio frequency spectrum with compensation of expenses for this measure;
      6) transparency and openness of procedures of distribution and use of radio frequency spectrum.
      2. Distribution of radio frequency spectrum shall be carried out in accordance with the national Table of distribution of frequency bands between radio services of the Republic of Kazakhstan within the frequency range from 3 kHz to 400 GHz for radio electronic means of all the purposes approved by the authorized body, and plans of prospective use of radio frequency spectrum approved by the authorized body on the basis of recommendations of the Interdepartmental commission on radio frequencies of the Republic of Kazakhstan in accordance with the Radio Regulations of the International Telecommunication Union.
      3. Procedure for distribution, allocation and assignment of frequency bands, radio frequencies (radio frequency channels) for radio electronic means of all the purposes shall be developed by the radio frequency bodies.
      Distribution of frequency bands, radio frequencies (radio frequency channels) for the purpose of television and radio broadcasting shall be conducted on a competitive basis in accordance with the legislation of the Republic of Kazakhstan.
      For the purpose of ensuring the translation of television and radio channels of free access in the whole territory of the Republic of Kazakhstan, the frequency bands, radio frequencies (radio frequency channels) shall be allocated to the national provider of television and radio broadcasting without the tendering process.
      4. Frequency assignments may be changed in behalf of ensuring the state management, defence, security and protection of legal order in the Republic of Kazakhstan with the simultaneous compensation for damage to economic entities carrying out the activity in the field of communications linked with the transfer to the other frequencies.
      5. Right of use of radio frequency spectrum shall be certified by permissive documents issued by the authorized body for radio electronic means of civil purpose and central executive body of military administration of the Republic of Kazakhstan for radio electronic means ensuring the needs of defence, security and protection of legal order.
      5-1. Individuals and legal entities shall be prohibited to transfer the right in temporary or permanent use of frequency bands, radio frequencies (radio frequency channels) assigned to them to the other individuals or legal entities.
      6. Permissions for use of radio frequency spectrum shall be issued to the communications providers and persons intending to use the radio frequency spectrum for carrying out the intraproductive activity no later than two months term from the date of receipt of the standard form application by the authorized body.
      7. Refusal to issue permission to the applicant for use of radio frequency spectrum for radio electronic means of civil purpose shall be carried out on the relevant grounds:
      1) non-conformance of specified frequency band, radio frequency (radio frequency channel) to the national Table of distribution of frequency bands;
      2) non-conformance of parameters of radiation and acceptance of specified radio electronic means to requirements, norms in the field of ensuring the electromagnetic compatibility of radio electronic means and high frequency devices;
      3) negative conclusion of the expertise of electromagnetic compatibility with current radio electronic means and planned for use;
      4) occupation of the specified frequency bands, radio frequency (radio frequency channel) by civil users previously assigned to users in the manner established by the legislation of the Republic of Kazakhstan;
      5) absence of the relevant license for the type of entrepreneurial activity in the field of communications with the use of radio frequencies issued by the licenser in the manner established by the legislation of the Republic of Kazakhstan;
      6) negative results of conducting the coordination of frequency band, radio frequency (radio frequency channel) with the central executive body of military administration of the Republic of Kazakhstan;
      7) negative results of conducting the procedure of international coordination of radio frequency (radio frequency channel), if such procedure is provided by the Radio Regulations of the International Telecommunication Union.
      8. Refusal to issue permission for use of radio frequency spectrum for radio electronic means ensuring the needs of defence and security of the state shall be carried out in the manner determined by the central executive body of military administration of the Republic of Kazakhstan.
      8-1. In case of non-use of radio frequency spectrum within one year, the permission for use of radio frequency spectrum shall be withdrawn in the manner established by the authorized body.
      9. In case of conducting the coordination of frequency bands, radio frequencies (radio frequency channels) with radio frequency bodies, the term of conducting the coordination shall be no more than thirty days from the date of receipt of the request, and by this the term of considering the application may be prolonged for the time of conducting the necessary coordinations, but no more than thirty days. Upon conducting the international coordination of radio frequencies with neighboring states (in frontier zones of the Republic of Kazakhstan) in accordance with the Radio Regulations of the International Telecommunication Union, the term of considering the application may be prolonged, but no more than four months about which the applicant shall be notified in written form in advance.
      Footnote. Article 12 as amended by the Laws of the Republic of Kazakhstan dated 29.12.2006 No. 209 (the order of enforcement see Article 2); dated 21.11.2008 No. 89-IV (the order of enforcement see Article 2); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 18.01.2012 No. 546-IV (shall be enforced upon expiry of thirty calendar days after its first official publication); dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 13. Distribution and regulation of using the numbering
resource and allocation of numbers

      1. Procedure for distribution of numbering resource and allocation of numbers, as well as their withdrawal shall be determined by the authorized body of the Republic of Kazakhstan.
      2. Authorized body shall maintain register of distributed and reserved numbering resources.
      Footnote. Article 13 is in the wording of the Law of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); as amended by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 14. Communications network management upon emergency
situations, imposition of the state of emergency

      1. Communications network management upon a threat or occurrence of emergency situation of social, natural and technogenic character, as well as imposition of the state of emergency shall be carried out in accordance with the legislation of the Republic of Kazakhstan by the authorized body in cooperation with the state bodies according to the list determined by the Government of the Republic of Kazakhstan that shall have the priority right to use, as well as suspend the activity of networks and means of communications, with the exception of government communications, networks and means of communications of emergency services.
      2. Compensation of expenses incurred by communications providers upon use of their networks and means of communications upon a threat or occurrence of emergency situation of social, natural and technogenic character, as well as imposition of the state of emergency shall be carried out in the manner determined by the Government of the Republic of Kazakhstan.
      3. Owners of networks and means of communications shall provide absolute priority to all the messages concerning the safety of the people’s life at the sea, land, in the air, cosmic space, conduct of high priority measures in the field of defence, security and protection of legal order in the Republic of Kazakhstan, as well as messages on emergency situations.
      4. Communications providers shall be obliged to render the services to the single duty dispatch service “112” on determining the location of calling subscriber and sending short text messages to the mobile phones of population in case of threat or occurrence of emergency situations on a gratuitous basis.
      Footnote. Article 14 is in the wording of the Law of the Republic of Kazakhstan dated 11.04.2014 No. 189-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 15. Interaction of communications providers with bodies
carrying out the operational investigative activity

      1. Communications providers carrying out the activity in the territory of the Republic of Kazakhstan, in accordance with the legislation of the Republic of Kazakhstan shall be obliged to ensure organizational and technical capability of conducting operational investigative measures at all communications networks, access to service information on the subscribers to the bodies carrying out operational investigative activity at communications networks, as well as take measures on non-admission of divulging the forms and methods of conducting the mentioned measures.
      Requirements to the networks and communications means for the purpose of conducting the operational investigative measures, as well as the rules of interaction of the bodies carrying out operational investigative measures and organizations upon entering and operation of the hardware and software and technical means of conducting the operational investigative measures at the telecommunications networks of the Republic of Kazakhstan shall be determined by the Government of the Republic of Kazakhstan.
      Communications providers shall be obliged to establish necessary technical means at the communications networks, ensure conformance of its equipment to established requirements, as well as carry out collection and storage of service information on the subscribers within two years in the manner determined by the Government of the Republic of Kazakhstan.
      2. Cellular communications providers shall be obliged to maintain a register of identification coders of the subscribers’ devices working in their network.
      In case of detection of several subscribers’ devices in the network with identic identification coders, the cellular communications provider shall be obliged to notify the relevant bodies carrying out the operational investigative activity about this in the manner determined by the Government of the Republic of Kazakhstan.
      3. Is excluded by the Law of the Republic of Kazakhstan dated 23.04.2014 No. 200-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).
      4. Relations of the communications providers with the authorized state bodies carrying out operational investigative activity shall be regulated in accordance with this Law and legislation of the Republic of Kazakhstan on organizational investigative activity.
      5. Cellular communications providers shall be obliged to suspend or restore work of the subscriber’s device through identification code in their network upon the application of the owner of subscriber’s device.
      Footnote. Article 15 is in the wording of the Law of the Republic of Kazakhstan dated 21.11.2008 No. 89-IV (the order of enforcement see Article 2); as amended by the Laws of the Republic of Kazakhstan dated 10.07.2009 No. 178-IV (shall be enforced from 01.01.2010); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 23.04.2014 No. 200-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 16. Confirmation of conformance of technical means of communications

      Technical means of communications used at the single telecommunications network of the Republic of Kazakhstan, radio electronic means and high frequency devices being the source of electromagnetic radiation, technical means of postal communications shall be subject to confirmation of conformance in accordance with the legislation of the Republic of Kazakhstan.
      Footnote. Article 16 as amended by the Law of the Republic of Kazakhstan dated 29 December 2006 No. 209 (the order of enforcement see Article 2).

Article 17. Licensing of activity in the field of
communications

      Licensing of activity in the field of communications shall be carried out by the authorized body in accordance with the legislation of the Republic of Kazakhstan on permissions and notifications.
      Footnote. Article 17 is in the wording of the Law of the Republic of Kazakhstan dated 16.05.2014 No. 203-V (shall be enforced upon expiry of six months after the date of its first official publication).

Article 17-1. Procedure for coming in of radio electronic
means and high frequency devices

      1. Coming in of restricted radio electronic means and high frequency devices to the territory of the Republic of Kazakhstan from the countries not included into the Customs Union, as well as integrated or included into the composition of other goods shall be carried out on the basis of the license issued by the body authorized by the Government of the Republic of Kazakhstan in accordance with the international treaties in the scope of licensing of external trade of goods ratified by the Republic of Kazakhstan and the Law of the Republic of Kazakhstan “On permissions and notifications”, with the exception of cases provided by paragraph 2 of this Article.
      2. Radio electronic means and high frequency devices of civil purpose, as well as integrated or included into the composition of other goods brought in cases different from the import for the term no more than six months shall be brought to the territory of the Republic of Kazakhstan on the basis of conclusion of the authorized body in cases if they are designated for:
      1) ensuring of stay of official foreign delegations in the territory of the Republic of Kazakhstan;
      2) conducting sport competitions and other cultural events conducted in the territory of the Republic of Kazakhstan;
      3) demonstrations at the exhibitions held in the territory of the Republic of Kazakhstan;
      4) conduct of scientific research and experimental works in the territory of the Republic of Kazakhstan;
      5) conduct of tests for the purpose of confirmation of conformance (certificate or declaring of conformity).
      Footnote. The Law is supplemented by Article 17-1 in accordance with the Law of the Republic of Kazakhstan dated 21.06.2013 No. 107-V (shall be enforced upon expiry of thirty calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 16.05.2014 No. 203-V (shall be enforced upon expiry of six months after the date of its first official publication).

Article 18. Distribution of national resources in the field of
communications on a competitive basis

      Footnote. Title as amended by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced from 30.01.2012).

      1. Right of using the national resources in the field of communications shall be provided on a competitive basis in case if:
      1) the communications service will be rendered with the use of radio frequencies within a range on which the Interdepartmental commission on radio frequencies of the Republic of Kazakhstan recommends the restriction on possible number of communications providers acting on a particular territory due to insufficient volume of radio frequency spectrum. By this, the obligations on supplying the territory or inhabited localities that are specified in permission on use of radio frequency spectrum of communications services shall be imposed on the communications provider;
      2) telecommunications network of common use on particular geographical territory has the restricted resources of the network access due to which the authorized body establishes the restrictions on possible number of communications providers acting on this territory.
      2. Permission on holding the competition (or auction) shall be adopted by the authorized body in accordance with subparagraph 1) of paragraph 1 of this Article considering the recommendations of the Interdepartmental commission on radio frequencies of the Republic of Kazakhstan.
      Competition (or auction) shall be held within the term no later than six months after adopting such permission.
      3. Upon receipt of the right to use the radio frequencies following the results of the competition, the winner shall make single payment to the state budget in the manner and amounts established by the tax legislation of the Republic of Kazakhstan.
      4. Individuals and legal entities satisfying the requirements established by the legislation of the Republic of Kazakhstan, the rules of holding the competition (or auction) shall be admitted to participate in the competitions (or auctions).
      Footnote. Article 18 as amended by the Laws of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced from 30.01.2012); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 19. Licensing of activity on organization of
television and (or) radio broadcast

      Footnote. Article 19 is excluded by the Law of the Republic of Kazakhstan dated 18.01.2012 No. 546-IV (shall be enforced upon expiry of thirty calendar days after its first official publication).

Article 20. Communications services rates

      1. Communications services rates shall be established by the communications providers on an independent basis based on substantiated expenses unless otherwise provided by the Laws of the Republic of Kazakhstan.
      2. Authorized body shall approve the rates (prices, charge rates):
      1) for universal telecommunications services;
      2) in the scopes of natural monopolies in the field of telecommunications and universal services of postal communications.
      Procedure for approval of the rates (prices, charge rates) for services mentioned in this paragraph shall be determined by the authorized body.
      3. Prices for goods (works, services) of the market subjects holding dominant (monopoly) position at goods markets in the field of telecommunications and postal communications shall be regulated in accordance with the legislation of the Republic of Kazakhstan.
      4. Communications providers shall ensure provision of gratuitous connections to the users of communications services with the emergency call system operator, emergency medical, law enforcement, fire-fighting, accident, contact center and other services according to the list determined by the Government of the Republic of Kazakhstan.
      Footnote. Article 20 is in the wording of the Law of the Republic of Kazakhstan dated 21.11.2008 No. 89-IV (the order of enforcement see Article 2); as amended by the Law of the Republic of Kazakhstan dated 18.01.2012 No. 546-IV (shall be enforced upon expiry of thirty calendar days after its first official publication); dated 17.04.2014 No. 195-V (shall be enforced upon expiry of six months after the date of its first official publication).

Chapter 3. Communications networks

Article 21. Single telecommunications network of the
Republic of Kazakhstan

      1. Single telecommunications network of the Republic of Kazakhstan represents the telecommunications network located in the territory of the Republic of Kazakhstan and consisted of the telecommunications networks of the following categories:
      1) telecommunications networks of common use;
      2) departmental telecommunications networks;
      3) allocated telecommunications networks;
      4) telecommunications networks of special purpose;
      5) corporative and other networks of transferring the information by electromagnetic signals.
      2. For networks representing single telecommunications network of the Republic of Kazakhstan, with the exception of telecommunications networks of special purpose, the authorized body shall:
      1) determine the single procedure for interaction, and centralized telecommunications network management in cases provided by the legislation of the Republic of Kazakhstan, including the set of organizational technical measures, formation of managing parameters and control of their performance;
      2) establish requirements on forming, management, use of numbering, of organizational and technical support of functioning, stability and informational safety of telecommunications networks, use of radio frequency spectrum, procedure for traffic transmission, conditions of interaction of networks, rendering of telecommunications services depending on the telecommunications network category;
      3) establish requirements to the conditions of interconnection and interaction of networks of communications providers rendering the services of the fixed-line telephone communications depending on the method of organizing the rendering of services chosen by them, before completion of upgrading the telecommunications networks of common use based on a substitution of technology of switching the channels by packaged technology of transmission and switching.
      3. Communications providers of the networks of all the categories included into the single telecommunications network of the Republic of Kazakhstan shall be obliged to create the management systems of their networks satisfying the requirements of the single procedure for interaction approved by the Government of the Republic of Kazakhstan.
      Upon creation of telecommunications networks, the communications providers shall ensure technological conformance of the network equipment to national standards establishing the requirements on ensuring the conduct of operational investigative measures.
      4. Telecommunications networks of common use represent the set of interrelated telecommunications networks designed for rendering of telecommunications services to all the users in the territory of the Republic of Kazakhstan.
      Telecommunications networks of common use shall be divided into the telecommunications networks determined:
      1) geographically within the limits served territory and resource of numbering (local telecommunications networks);
      2) non-geographically not linked with geographically determined territory within the Republic of Kazakhstan and resource of numbering;
      3) by the method of realization of the communications services rendered to the user (fixed-line and mobile).
      Telecommunications networks of common use shall interact with telecommunications networks of common use of foreign states.
      For the purpose of ensuring the interests of users by universal of telecommunications services, as well as proper functioning of telecommunications network included into the composition of telecommunications network of common use shall be subject to single state regulatory technical regulation. Outside the regulatory technical requirements, the procedure for functioning and use of these telecommunications networks shall be determined by the owners of communications networks on an independent basis, with the exception of cases provided by this Law for activity on rendering of universal telecommunications services.
      5. Departmental telecommunications networks shall be intended for ensuring of the realization of management and organizational purposes of state bodies and bodies of local self-government in accordance with their powers, as well as for realization of ensuring the industrial and administrative purposes of state enterprises and institutions.
      Departmental telecommunications networks shall have interconnection to telecommunications networks of common use.
      By this, the use of departmental telecommunications networks shall not be allowed for other purposes not provided by this paragraph.
      6. Allocated telecommunications networks represent independent category of telecommunications networks and intended for rendering of telecommunications services (electrical communications) to limited circle of users and:
      1) may interact with each other, but do not have interconnection to telecommunications networks of common use of the Republic of Kazakhstan or any other networks interconnected to the telecommunications networks of common use, as well as to telecommunications networks (electrical communications) of common use of foreign states;
      2) may be interconnected to telecommunications networks of common use with the transfer to the category of telecommunication network of common use, if they conform to requirements regulating functioning of the telecommunications networks of common use. By this, non-geographical code assigned previously to this allocated network shall be withdrawn;
      3) rendering of communications services by the providers of these telecommunications networks shall be carried out on the basis of the license.
      Technology and means of communications applied for organizing allocated networks, as well as the principles of forming and numbering system shall be established by owners of these networks. Numbering (non-geographical code) from the national resource for this category of networks shall not be allocated.
      7. Telecommunications network of special purpose are intended for ensuring of necessities of the authorized state bodies, bodies of military administration, national security and internal affairs of the Republic of Kazakhstan that use the grounds of telecommunication network of common use.
      Telecommunication networks of special purpose may not be used for mutual rendering of communications services, unless otherwise provided by the Laws of the Republic of Kazakhstan.
      8. Corporative telecommunications networks are intended for ensuring the realization of managing and intraproductive purposes of legal entities.
      Corporative telecommunications networks may:
      1) have interconnection to the telecommunications networks of common use as a corporative client by the corporate switching station within the administrative territory or at the level of transit node of international switching centre of the Republic of Kazakhstan, if they unite the parts of network distributed through the different administrative territories with allocation of the relevant resource of numbering;
      2) be used for compensated rendering of communications services (if there are no networks of the telecommunication networks providers of common use in zone of their action) upon condition of receiving the license for carrying out entrepreneurial activity in accordance with Article 17 of this Law.
      9. Networks of television and radio broadcasting are the component part of the single telecommunications network and represent single production technology complex of the ground and satellite broadcasting systems used for distribution and translation of television and radio programs in the territory of the Republic of Kazakhstan and foreign states. Ground systems shall include radio-relay and cable communications lines, radio transmitters of different power and other means for translation of the state and commercial programs. Satellite systems shall include the orbital communications satellite belonging to international satellite organizations being separate from the state and ground transmitting and receiving stations.
      10. Is excluded by the Law of the Republic of Kazakhstan dated 18.01.2012 No. 546-IV (shall be enforced upon expiry of thirty calendar days after its first official publication).
      11. Is excluded by the Law of the Republic of Kazakhstan dated 18.01.2012 No. 546-IV (shall be enforced upon expiry of thirty calendar days after its first official publication).
      Footnote. Article 21 as amended by the Laws of the Republic of Kazakhstan dated 21.11.2008 No. 89-IV (the order of enforcement see Article 2); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 18.01.2012 No. 546-IV (shall be enforced upon expiry of thirty calendar days after its first official publication); dated 23.04.2012 No. 14-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 31-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 22. State dispatch service

      1. State dispatch service of the Republic of Kazakhstan (hereinafter – dispatch service) is a service carrying out governmental courier service with ensuring of protection of the state secrets. Servants of the dispatch service are in personnel of internal affairs bodies of the Republic of Kazakhstan, shall be provided by military hand small-arms and cold arms, special means of protection and communications, as well as uniforms.
      2. Organizational activity of dispatch service, as well as procedure for provision and the list of users of the dispatch communications services shall be determined by the Government of the Republic of Kazakhstan.
      3. Correspondence and special packages carried by servants of dispatch service shall not be subject to inspection and detention, with the exception of cases provided by the legislative acts of the Republic of Kazakhstan.
      4. Labour relations of servants of dispatch service shall be regulated by the Labour Code of the Republic of Kazakhstan with special aspects provided by the legislative acts of the Republic of Kazakhstan for the servants of internal affairs bodies.
      5. Pension ensuring of the servants of dispatch service, payment of the state special benefits based on disability shall be carried out in the manner and in conditions established by the legislative acts of the Republic of Kazakhstan for servants of internal affairs bodies.
      Footnote. Article 22 is in the wording of the Law of the Republic of Kazakhstan dated 23.04.2014 No. 200-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 22-1. Rights and obligations of servants of
dispatch service

      1. Servants of dispatch service upon performance of the tasks imposed on them by the legislation of the Republic of Kazakhstan on delivery of correspondence and special packages of the state bodies, as well as details consisting state secrets shall have the right to:
      1) unimpeded (as a matter of priority and without payment) access to state bodies, organizations independently from their legal organizational form to the places of parking stand of aerial vehicles, railway trains, automobile, marine and river transport;
      2) extraordinary acquisition of tickets in transport organizations carrying out regular transfers on the routes of travel established for international and interrepublican links;
      3) unimpeded landing with equipped military hand small arms and cold arms until common boarding of passengers to all the transport vehicles belonging to the transport organizations carrying out regular transfers on routes of travel established for international and interrepublican links;
      4) other rights provided for servants of dispatch service by the Law of the Republic of Kazakhstan “On law enforcement service”.
      2. Obligations of servants of the dispatch service linked with record of service shall be established in the Law of the Republic of Kazakhstan “On law enforcement service”.
      Footnote. The Law is supplemented by Article 22-1 in accordance with the Law of the Republic of Kazakhstan dated 23.04.2014 No. 200-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 22-2. Service of special communications

      1. Service of special communications shall perform special statutory goals on protecting the details that are the state secrets upon transmission of special packages through the channels of special communications.
      2. Service of special communications is a single structural subdivision of the National postal operator of the Republic of Kazakhstan, shall render the services of special communications in accordance with the legislation of the Republic of Kazakhstan.
      3. Personnel of the service of special communications shall be supplied by official uniforms in accordance with the regulatory legal acts of the authorized body, as well as service weapons, special equipment for protection and communications in accordance with the legislation of the Republic of Kazakhstan.
      4. Organizational activity of the service of special communications, as well as procedure for provision and the list of users of the special communications services shall be determined by the Government of the Republic of Kazakhstan.
      5. Special packages transferred by servants of the special communications service shall not be subject to inspection and detention, with the exception of cases provided by the legislative acts of the Republic of Kazakhstan.
      Footnote. The Law is supplemented by Article 22-2 in accordance with the Law of the Republic of Kazakhstan dated 23.04.2014 No. 200-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 23. Communications networks for the needs of authorized
state bodies, bodies of military administration, national
security and internal affairs of the Republic of Kazakhstan

      1. Government communications shall be provided by the body of national security of the Republic of Kazakhstan in the manner approved by the President of the Republic of Kazakhstan.
      Communications providers shall carry out upgrading and development of telecommunications networks of common use considering technical possibilities and equipment capability of government communications in concurrence with the body of national security of the Republic of Kazakhstan.
      System of government communications, encrypted, secured and coded communications shall be provided in the manner provided by the legislation of the Republic of Kazakhstan.
      1-1. Procedure for organizing cryptographic work in authorized state bodies, bodies of military administration, national security and internal affairs of the Republic of Kazakhstan and procedure for provision of the government communications shall be developed by the National Security Committee of the Republic of Kazakhstan.
      Communications providers shall carry out upgrading and development of telecommunications networks of common use considering the technical possibilities and equipment capacity of communications in concurrence with the body of national security.
      System of government communications shall be provided in the manner provided by the legislation of the Republic of Kazakhstan.
      2. Procedure for organizing the cryptographic work in the authorized state bodies, bodies of military administration, national security and internal affairs of the Republic of Kazakhstan shall be approved by the President of the Republic of Kazakhstan.
      3. provision of communications lines and channels, channels in cable duct system and spaces required for placing the technical means for the needs of authorized state bodies, bodies of military administration, national security and internal affairs of the Republic of Kazakhstan shall be carried out on a contractual basis according to prices (rates) regulated by the authorized body in the manner determined by the Government of the Republic of Kazakhstan.
      4. Procedure for preparation and use of resources of the single telecommunications network for ensuring the functioning of telecommunications networks of special purpose shall be determined by the Government of the Republic of Kazakhstan.
      5. Communications providers shall be obliged to ensure priority provision of channels and lines of communications for the needs of state bodies, bodies of military administration, national security and internal affairs of the Republic of Kazakhstan and take primary and expeditious measures on substitution of communications channels or their restoration in case of damage.
      6. Communications providers shall not have the right to disconnect the communications channels and (or) suspend the rendering of services of government communications, communications services to bodies of military administration, national security and internal affairs of the Republic of Kazakhstan otherwise than by court decision.
      7. Communications providers shall be obliged to provide the spaces on current and newly built structures and communications nodes required for placing the technical means as well as reserve capacities in the line cable structures and uninterrupted power supply used in behalf of telecommunications networks of special purpose and government communications.
      8. Upon complication of operational situation in peace time, conduct of works and measures of especial significance, the communications providers shall allocate additional channels and direct communications lines upon separate applications in conditions of temporary rent without drawing up the contracts with the following compensation of expenses using the working channels of telecommunications networks of common use to the users of communications services carrying out operational investigative activity or having the powers for conducting the works and measures of especially significance.
      Footnote. Article 23 as amended by the Laws of the Republic of Kazakhstan dated 21.11.2008 No. 89-IV (the order of enforcement see Article 2); dated 23.04.2012 No. 14-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 24. Postal communications

      1. Postal communications represents the part of infrastructure of communications providing receipt, processing, transfer and delivery of postal matters, money transfers, as well as organizing forwarding, delivery and distribution of periodical press, delivery of pensions and benefits on a contractual basis.
      2. Processing and delivery of military matters shall be carried out by postal and courier communications of the Armed Forces of the Republic of Kazakhstan.
      3. Services of postal communications shall have the right to render non-government organizations of postal communications.
      4. Terms of delivery of postal matters shall be determined by the authorized body.
      5. Senders of the postal matter shall have the right to declare its value within the cost of enclosure.
      Footnote. Article 24 as amended by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced from 30.01.2012).

Chapter 4. Interaction of telecommunications networks

Article 25. Interconnection of telecommunication networks

      1. All the communications providers shall have the right to interconnect own networks to the telecommunications networks of common use.
      Interconnection of one telecommunications network to another shall be carried out by the communications providers on the basis of the contract.
      2. Communications providers shall be obliged to render the services of interconnection and traffic transmission in accordance with the rules approved by the Government of the Republic of Kazakhstan. Standard conditions of interconnecting dominant communications providers shall be coordinated with the authorized body.
      Footnote. Article 25 as amended by the Laws of the Republic of Kazakhstan dated 21.11.2008 No. 89-IV (the order of enforcement see Article 2); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011).

Article 26. Special aspects of interconnecting the
telecommunications networks by dominant
communications providers

      1. For dominant communications providers of telecommunications network of common use, the contract of interconnection determining the conditions of rendering the services of interconnecting other telecommunications networks, as well as the circumstances on interacting the networks and traffic transmission linked with it, is a standard contract, the standard form of which shall be approved by the authorized body.
      2. Refusal of dominant communications provider from conclusion of the contract of interconnection shall not be allowed.
      3. Telecommunications networks providers shall be obliged to ensure technical possibility of free choice of the provider of intercity and (or) international communications at own networks to each user of communications services.
      3-1. Providers of intercity and (or) international telephone connections shall be obliged to publish the list of standard interconnection points in the manner determined by the authorized body.
      4. Providers of intercity and international communications shall have the right to render:
      1) services of intercity and international telephone communications to the subscribers of their networks;
      2) services of intercity and international communications to other communications providers;
      3) services on traffic transit and provision of the network resources to the other communications providers;
      4) other types of communications services upon condition of receiving the relevant licenses in the manner established by the Law of the Republic of Kazakhstan “On permissions and notifications”.
      5. Providers of intercity communications shall have the right to render:
      1) services of intercity telephone communications to the subscribers of their networks;
      Note of RCLI!
      Subparagraph 2) shall be enforced from 01.01.2006.
      2) services of intercity communications to other communications providers;
      3) other types of services upon condition of receiving the relevant licenses in the manner established by the Law of the Republic of Kazakhstan “On permissions and notifications”.
      6. Providers of international communications shall have the right to render:
      1) services of international telephone communications to the subscribers of their networks;
      Note of RCLI!
      Subparagraph 2) shall be enforced from 01.01.2006.
      2) services of international telephone communications to other communications providers;
      3) other types of communications services upon condition of receiving the relevant licenses in the manner established by the Law of the Republic of Kazakhstan “On permissions and notifications”.
      Footnote. Article 26 as amended by the Laws of the Republic of Kazakhstan dated 07.07.2006 No. 174; dated 27 July 2007 No. 316 (shall be enforced from the date of its first official publication); dated 21.11.2008 No. 89-IV (the order of enforcement see Article 2); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 16.05.2014 No. 203-V (shall be enforced upon expiry of six months after the date of its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Chapter 5. Security and protection of means, structures
and network communications, radio frequency spectrum and
orbital positions of communications satellites

Article 27. Protective zones of communications networks

      1. For the purpose of ensuring the preservation of communications networks, operation of technical means, structures and devices, the protective zones and glades that are the zones with special conditions of using the lands shall be established.
      2. Lands included to the protective zones shall be designated at location by special signs. Such lands shall not be subject to seizure from owners and land users.
      3. Procedure for establishment of protective zones and work regime in there shall be determined by the authorized body. Borders of mentioned zones and regime of using the lands in there shall be determined by the body that took decision on provision of lands into ownership or land use, in accordance with the land legislation of the Republic of Kazakhstan.
      Footnote. Article 27 as amended by the Laws of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 28. Security and protection of means of communications,
structures and communications networks, radio frequency
spectrum and orbital positions of communications satellite

      1. Networks and means of telecommunications, radio frequency spectrum and orbital positions of communications satellite are under the state protection.
      Procedure for determination of losses from damage of network and means of telecommunications shall be determined by the authorized body.
      2. Protection of means of communications, structures and communications networks, radio frequency spectrum, orbital positions of communications satellites shall be established in accordance with the legislation of the Republic of Kazakhstan.
      3. For the purpose of protection of established procedure for using the radio frequency spectrum and orbital positions of communications satellite, the legislation of the Republic of Kazakhstan may establish restrictions for production and coming up to the Republic of Kazakhstan, as well as operation of radio electronic communications means creating unnormalized noises of functioning of electromagnetic systems.
      4. Individuals and legal entities that admitted the damage of communications means, structures and telecommunications networks, the violation of established procedure for manufacturing, acquisition, coming up, use of radio electronic means and high frequency devices, use of radio frequencies for work of radio electronic means of all the designations and high frequency devices, as well as creating unnormalized noises to television and radio reception shall bear responsibility established by the Laws of the Republic of Kazakhstan.
      Footnote. Article 28 as amended by the Laws of the Republic of Kazakhstan dated 21.11.2008 No. 89-IV (the order of enforcement see Article 2); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 5-1. State control in the field of communications
and radio control in the territory of the
Republic of Kazakhstan

      Footnote. Title of chapter 5-1 is in the wording of the Law of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2).

Article 28-1. State control in the field of communications

      1. State control in the field of communications shall be carried out in the form of inspection and other forms.
      2. Inspection shall be carried out in accordance with the Law of the Republic of Kazakhstan “On state control and supervision in the Republic of Kazakhstan”. Other forms of state control shall be carried out in accordance with this Law.
      Footnote. Article 28-1 is in the wording of the Law of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2); as amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 28-2. Procedure for organization and conduct of
inspections of individuals and legal entities carrying
out the activity in the field of communications

      Footnote. Article 28-2 is excluded in accordance with the Law of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2).

Article 28-3. Organization of conducting inspection of
individuals and legal entities carrying out the activity
in the field of communications

      Footnote. Article 28-3 is excluded in accordance with the Law of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2).

Article 28-4. Procedure for conducting inspections of
individuals and legal entities carrying out the activity
in the field of communications

      Footnote. Article 28-4 is excluded in accordance with the Law of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2).

Article 28-5. Procedure for conduct of radio control

      1. Radio control of radiations of radio electronic means and high frequency devices of civil purpose shall be carried out by conduct of documentary control of technical documentation and permissions, parameters of radio electronic means and high frequency devices, as well as regimes of its work with the aid of control and measuring apparatus and means of radio technical control (instrumental control).
      Radio control shall be conducted by territorial subdivisions of the authorized body according to the schedule of radio control approved by the head of the authorized body or the person substituting him (her).
      Schedules of radio control shall be drawn up by territorial subdivisions for each quarter.
      Upon detection of violations admitted by users of radio electronic means and high frequency devices, the authorized body shall direct the prescription to them on elimination of the violations.
      In case of occurrence of noises at work of radio electronic means and high frequency device of civil purpose to which the permission is issued, in the manner established by the legislation of the Republic of Kazakhstan:
      1) the owners of radio electronic means and high frequency devices having interferences shall be noticed in conformity to the norms and standards of technical parameters of radio electronic means and high frequency devices, as well as elective and protective properties of receiving devices. If they do not conform to norms, the owners of radio electronic means shall take measures on bringing the characteristics into compliance with the norms or substitute the radio electronic means and high frequency devices. Upon occurrence of interferences due to radiations from other radio electronic means and high frequency devices, the owners of radio electronic means and high frequency devices having the interferences shall apply to the authorized body;
      2) authorized body shall organize the works on determination of sources and character of interferences, reasons of their occurrence and take measures of their elimination;
      3) due to violation of established parameters and (or) work regimes, degradation of elective or protective properties of receiving device of radio electronic means and high frequency devices and interferences of intermodulation nature conditioned by mutual influence of radio electronic means and high frequency devices being nearby, the authorized body shall issue prescription or recommendations on elimination of interferences;
      4) upon impossibility of eliminating the interferences on assigned frequencies, the authorized body shall conduct new radio frequency assignment;
      5) due to unintended interferences of industrial or technological character, the authorized body shall take measures on determination of the source of interferences and their elimination.
      2. Upon receipt of the claims from the administration of communications of foreign states on radio interferences, the sources of which are in the territory of the Republic of Kazakhstan, the authorized body in accordance with the international treaty shall determine legal ground of these claims, if the claims are substantiated, it shall establish the reasons of interferences and take measures on their elimination.
      3. In case if radio electronic means and high frequency devices located in the territory of the Republic of Kazakhstan have interferences from the sources located in the territory of other states, the authorized body in accordance with international treaty shall take measures on elimination of interferences for the purpose of protection of the interests of owners of radio electronic means and high frequency devices being in the territory of the Republic of Kazakhstan.
      4. Measures on detection and suppression of radio interferences and actions of radio electronic means and high frequency devices without the relevant permissions shall be conducted by the authorized body.
      Footnote. Article 28-5 as amended by the Laws of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 28-6. Rights of owners of radio electronic
means and high frequency devices

      Owners of radio electronic means and high frequency devices shall:
      1) use radio frequencies (radio frequency channels) assigned to radio electronic means and high frequency devices for carrying out of activity being relevant to conditions of the received permission;
      2) apply to the authorized body for elimination of interferences on a radio frequency (radio frequency channel) assigned to the radio electronic mean and high frequency device;
      3) appeal the actions (omission), decision of civil servants, authorized body in the manner established by the legislation of the Republic of Kazakhstan.

Article 28-7. Obligations of owners of radio electronic
means and high frequency devices

      Owners of radio electronic means and high frequency devices shall:
      1) ensure conformance of technical characteristics and conditions of operation of radio electronic means and high frequency devices to requirements specified in the permission, as well as to established rules and norms;
      2) provide an access to radio electronic means and high frequency devices for civil servants of the authorized body upon presentation of official certificate;
      3) perform prescriptions of the authorized body on suspension (as well as due to imposition of temporary prohibitions) or termination of using the radio frequencies (radio channels) of radio electronic means, as well as on elimination of the violations of permissions’ conditions issued to users of radio electronic means and high frequency devices.

Article 28-8. Monitoring of radio frequency spectrum, radio
electronic means and (or) high frequency devices

      1. Monitoring of radio frequency spectrum, radio electronic means and (or) high frequency devices – the set of organizational and technical measures on collection, processing, analysis and storage of data on parameters and characteristics of radio signals and sources of radio radiations for the purpose of receipt of necessary information for taking decisions by the authorized body on use of radio frequency resource.
      2. Monitoring of radio frequency spectrum, radio electronic means and (or) high frequency devices of civil purpose shall be carried out for the purpose of:
      1) detection of efficiency of using the radio frequency spectrum;
      2) identification of parameters and characteristics of radio radiations to applied parameters and characteristics of sources registered in data base;
      3) detection of unregistered sources of radio radiations;
      4) detection of locations of radio radiations sources;
      5) conduct of measurements within the performance of works on recommendations of the International Telecommunication Union, Regional Telecommunication Union and Response service on computer incidents, as well as upon applies from communications administration of the frontier countries;
      6) accounting, storage and processing of the results of monitoring of radio frequency spectrum, radio electronic means and (or) high frequency devices of civil purpose.
      Footnote. Chapter 5-1 is supplemented by Article 28-8 in accordance with the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 6. Development of communications networks

Article 29. Development of communications networks

      1. Communications providers shall plan and carry out development of communications networks on an independent basis.
      Development of communications networks ensuring rendering of universal telecommunications services to users shall be carried out in accordance with the documents of the state planning system of the Republic of Kazakhstan.
      2. Financing of measures oriented to development of communications networks may be carried out at the expense of own and borrowed funds, as well as at the expense of attracting the investments in the manner established by the legislation of the Republic of Kazakhstan.
      3. Upon construction of dwelling houses and other objects, designing and laying of internal and intraquarter communications networks, as well as installation of the subscribers’ mail boxes shall be carried out at the expense of the funds of building owner on the basis of current technical regulations and rules.
      4. Upon comprehensive development of housing estates, building of production objects and inhabited localities adjoining to them, designing and construction of all the means of communications including the civil structures and premises of post offices shall be carried out at the expense of means of the building owner.
      4-1. Designing and laying of intraquarter networks and communications lines, other objects of engineering infrastructure including cable duct system shall be carried out in accordance with the construction plan of communications structures and other objects of engineering infrastructure.
      5. Upon construction or reconstruction of buildings, structures, roads, bridges and other objects, the works on reconstruction and transfer of communications networks shall be performed at the expense of building owner in accordance with the standards and technical conditions issued to the owners of communications networks and (or) users.
      6. Designing, construction of republican main, international lines and communications networks shall be carried out by individuals and legal entities on the basis of the license issued by the state authorized body in the field of construction in concurrence with the authorized body.
      7. Upon construction of buildings, structures and objects of state bodies, organizations, the employees of which are the subscribers of the network of government communications, as well as upon change of their location, the designing and laying of connecting lines and internal communications networks of special purpose shall be carried out by building owners at the expense of own funds.
      Footnote. Article 29 as amended by the Laws of the Republic of Kazakhstan dated 21.11.2008 No. 89-IV (the order of enforcement see Article 2); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 29-1. Provision of direct line for use

      Owner of local telecommunications network upon reference of the owners of telecommunications networks and (or) communications providers may provide direct lines on a contractual basis for use, as well as being a part of the subscribers’ lines for rendering of services of Internet access.
      The subscriber shall have the right of choice of the communications provide rendering the services of Internet access.
      Footnote. Chapter 6 is supplemented by Article 29-1 in accordance with the Law of the Republic of Kazakhstan dated 21.11.2008 No. 89-IV (the order of enforcement see Article 2).

Article 29-2. Provision of telecommunications networks for use
for emergency call system upon accidents and disasters

      Cellular communications provider shall be obliged to provide own communications channels of mobile network for use of the emergency call system operator for sending the messages on traffic accidents and other emergency situations on automobile roads and establishment of bilateral voice communications with the emergency call system operator.
      Footnote. Chapter 6 is supplemented by Article 20-2 in accordance with the Law of the Republic of Kazakhstan dated 17.04.2014 No. 195-V (shall be enforced upon expiry of six months after the date of its first official publication).

Article 30. Use of transport vehicles

      1. Service of dispatch and special communications shall be provided by the right to transfer postal matters and special packages on a contractual basis through all the routes and lines of railway, marine, internal water, air and automobile transport accompanied by employees of postal communications, servants of dispatch and special communications, as well as to transfer postal matters for carriage in accordance with the civil legislation of the Republic of Kazakhstan.
      2. Transport organizations carrying out regular transportation through intercity intraoblast, intercity, interoblast and international routes of travel shall not have the right to refuse from conclusion of contracts for transportation of postal matters and special packages, except for the cases of absence of possibility to render the services on transportation in accordance with the legislation of the Republic of Kazakhstan, at the same time shall secure the right:
      1) of permanent set booking, extraordinary acquisition of tickets by servants of dispatch service and service of special communications upon performance of employment duties by them;
      2) unimpeded passage of transport vehicles of dispatch service and service of special communications to the served institutions, organizations, parking stands of aerial vehicles, railway trains, automobile, marine and river transport;
      3) unimpeded boarding of armed servants of the dispatch service and service of special communications before common boarding of passengers.
      3. Automobile transport vehicles of the dispatch service and services of special communications shall relate to the category of “special” without making any differential inscriptions and may not be used in behalf of the state bodies and state organizations without the agreement of these services, with the exception of cases of imposition of military situation or declaration of war time, as well as upon imposition of emergency situation or upon occurrence of emergency situations of natural and technogenic nature.
      4. In case of occurrence of emergency situations at damaged networks and means of communications, the communications organizations shall have the right to rent transport vehicles from the carrier in a priority manner.
      Automobile transport vehicles belonging to communications organizations may have special symbolics and without the agreement of communications organizations may not be used for rendering of services and performance of works not related to the activity in the field of communications.
      Footnote. Article 340 as amended by the Law of the Republic of Kazakhstan dated 23.04.2014 No. 200-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 31. Provision and use of communications lands

      1. Lands communications shall include land plots provided to the communications providers in ownership, permanent or temporary land use, as well as on the basis of the right of limited intended use of land plot (servitude) in accordance with the land legislation of the Republic of Kazakhstan.
      2. Land plots for construction of buildings, constructions or structures of departments of mail transportation under automobile and railway stations, airports, marine, river ports and berths shall be discharged in immediate proximity from buildings of station, and for construction of city post offices and postal communications node – in central part of the city with provision of conditions for exchange of postal matters, delivered by automobile transport vehicles, post office cars, planes, marine and river crafts.
      3. Sizes of land plots, as well as protective zones and grades provided to communications providers shall be determined in accordance with the norms of allotment of lands for this type of activity and project design document in the manner established by the legislation of the Republic of Kazakhstan.
      4. Persons carrying out the activity in the field of communications shall have the right to lay the communications networks through the bridges, tunnels, streets, automobile and railway roads, structures, collecting canals, protective zones, forests and waters in compliance with requirements imposed by the legislation of the Republic of Kazakhstan.
      5. Construction of telecommunications networks and objects on the lands of specially protected natural areas and in zones with special conditions of land use shall be carried out considering the established regime of using the lands on the mentioned lands (territories) in accordance with the land legislation of the Republic of Kazakhstan.
      6. Upon completion of works on land plot, in building, structure or construction, the communications provider or building owner shall be obliged to put the land plot, building, structure or construction to initial state at their expense or compensate the owner of land plot, land user or owner of the building, structure or construction for incurred losses.
      7. Upon construction of networks and objects, the communications providers shall be obliged to apply environmental technologies and upon carrying out of the activity not to allow environmental degradation. By this, the communications providers shall bear responsibility for damage inflicted to environment and environmental safety of population in the manner established by the Laws of the Republic of Kazakhstan.
      8. Transfer or rebuilding of communications structures caused by new construction, expansion, reconstruction of inhabited localities, land reclamation, rebuilding of the melioration systems, development of mineral resources shall be performed by building owners at their expense in accordance with the standards and according to technical conditions of owners and (or) users of communications networks. By this, the power increase of means of communications shall be carried out at the expense of owners of the communications structures.
      9. Owner of land plot or land user shall be obliged to provide the right of limited intended use of land plot that belongs to him (her) on the basis of the right of ownership or land use to the interested communications providers.
      10. Provision of rights to land plots for communications objects shall be carried out on the basis of decision of local executive bodies, buy and sell contract of land plot, rental contract of land plot, as well as under the contract on limited intended use of land plot (servitude contract).

Chapter 7. Universal telecommunications services

Article 32. Universal telecommunications services

      1. Universal telecommunications services – communications service that are attached in the sector of voice telephone and operation of access lines, provision of which to the population is mandatory with parameters of service quality established by the authorized body.
      2. Main criteria of rendering of universal telecommunications services shall include:
      1) availability of prices for users of communications services;
      2) availability at the place of residence determined considering the categories of inhabited locality and number of inhabitants;
      3) availability by time determined considering the fulfillment of applications for installation of individual telephones or imposition of particular number of access lines (installation of public telephones) for established period of time.
      3. For the right of provision of intercity and (or) international telephone communications, as well as cellular communications, the payment for provision of intercity and (or) international telephone communications, as well as cellular communications shall be charged into republican budget in the manner determined by the tax legislation of the Republic of Kazakhstan.
      3-1. Plan of rebalancing the rates for universal telecommunications services shall be approved by the authorized body.
      4. Rates for universal telecommunications services shall be subject to compulsory state regulation and shall be approved by the authorized body.
      Footnote. Paragraph 4 as amended by the Laws of the Republic of Kazakhstan dated 27.07.2007 No. 316 (shall be enforced from the date of its official publication); dated 21.11.2008 No. 89-IV (the order of enforcement see Article 2).

Article 33. Operator of universal service

      1. Rendering of universal telecommunications services shall be carried out by the communications providers on a competitive basis or shall be determined in accordance with paragraph 2 of this Article.
      2. Number of communications providers on rendering of universal telecommunications services acting in the territory (considering its special aspects) of district in oblast (city of republican significance, the capital), city of district significance, village, rural settlement, rural district shall be determined proceeding from necessity of provision of universal telecommunications services of all the potential users.
      Right of rendering of universal telecommunications services shall be provided following the results of a competition held among the communications providers of telecommunications networks of common use in the manner determined by the Government of the Republic of Kazakhstan.
      In case of absence of applications for participation in a competition or impossibility of choosing the winner, the rendering of universal telecommunications services shall be imposed by the authorized body on a dominant communications provider rendering the services of telecommunications network of common use in this territory.
      3. Dominant communications provider shall not have the right to refuse from the obligation imposed on him (her) on rendering of universal telecommunications services.
      Footnote. Article 33 as amended by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 34. Subsidizing of universal telecommunications
services

      Footnote. Title of Article 34 as amended by the Law of the Republic of Kazakhstan dated 21.11.2008 No. 89-IV (the order of enforcement see Article 2).

      1. Losses of communications providers rendering the universal telecommunications services in inhabited localities shall be subject to subsidizing, if this was determined by the results of competition or conditions of imposing the obligations on rendering of universal telecommunications services on a dominant communications provider of telecommunications network of common use in this territory on the basis of the contract.
      Losses of communications providers rendering universal telecommunications services in cities shall not be subject to subsidizing.
      2. Upon determination of amount of subsidies, the operator of universal service shall be obliged to carry out separate accounting of incomes and expenses on the types of activity, rendered communications services and part of the communications network used for rendering of these services.
      In case of absence of possibility of carrying out the separate accounting of incomes and expenses on the types of activity, rendered communications services and part of the communications network used for rendering of these services, amount of subsidies shall be determined following the results of the competition or conditions of imposing the obligations on provision of universal telecommunications services on a dominant communications provider.
      3. The list of universal telecommunications services and rules of subsidizing the cost of universal telecommunications services shall be approved by the Government of the Republic of Kazakhstan.
      4. (Is excluded by the Law of the Republic of Kazakhstan dated 21.11.2008 No. 89-IV (the order of enforcement see Article 2).
      Footnote. Article 34 as amended by the Law of the Republic of Kazakhstan dated 21.11.2008 No. 89-IV (the order of enforcement see Article 2).

Chapter 8. Rights of users of communications services

Article 35. Quality of communications services

      1. Communications providers shall be obliged to provide the communications services to users, the quality standards, technical regulations of which conform to conditions of the contract for rendering of communications services.
      1-1. Norms ensuring technical suitability of networks and means of telecommunications, quality level of communications services, amounts of tariffication units shall be approved by the authorized body.
      2. Communications services shall be rendered on equal basis to all the categories of users (population, budget organizations, economic units) in accordance with the rules of rendering of communications services, considering the benefits and advantages in the manner established by the legislation of the Republic of Kazakhstan.
      Footnote. Article 35 as amended by the Laws of the Republic of Kazakhstan dated 21.11.2008 No. 89-IV (the order of enforcement see Article 2); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011).

Article 36. Protection of rights of users of communications
services

      1. Protection of rights of users for provision of the communications services of proper quality to them, receipt of information about such services and about their performers, as well as mechanism of realizing such rights shall be regulated by the legislation of the Republic of Kazakhstan.
      1-1. Upon provision of access to intellectual services (lottery, voting, quiz program, quiz, reference and information services, dating services) by telephone communications (including cellular communications) before beginning of chargeable connection, the communications provider shall be obliged to notify the subscriber about the cost of this connection.
      In case of agreement of the subscriber to telephone connection (in other words, when the subscriber does not interrupt the connection), the payment for this connection shall be determined proceeding from the length of telephone connection by number of full tariffication units multiplied by the rate.
      If the subscriber is disagreed to such connection (in other words, interrupted connection after the relevant notification), the payment for organization of connection establishment shall not be charged.
      In case if the communications provider did not notify the subscriber before beginning of chargeable connection about the cost of such connection, the payment for provision of access to intellectual services (lottery, voting, quiz program, quiz, reference and information services, dating services) shall not be charged.
      1-2. Upon provision of access to intellectual services (lottery, voting, quiz program, quiz, reference and information services, dating services) by sending short text message, the cellular communications provider shall be obliged to notify the subscriber about the cost of such service by short text message. Payment for such service shall be charged in case of confirmation of sending such message by the subscriber, by this payment for confirmation shall not be charged from the subscriber.
      If the communications provider did not notify the subscriber about the cost of short text message on provision of access to intellectual services (lottery, voting, quiz program, quiz, reference and information services, dating services), the payment for such service shall not be charged.
      2. Communications providers shall secure secrecy of correspondence, telephone conversations, postal matters, telegraph and other messages sent through the telecommunications networks, with the exception of restriction of this right in case and in the manner established by the Laws of the Republic of Kazakhstan.
      3. Communications providers of telecommunications services of common use rendering the services of local telephone service shall have the right to provide the access to data to each other upon request on users of own network for the purpose of creation of reference services or publication of the reference book of telephone numbers. Information shall be provided considering the requirements of this Law and the legislation of the Republic of Kazakhstan on protection of user rights.
      4. Receipt of service information from the communications provider on the subscribers shall be allowed only with the agreement of the user and in cases provided by Article 15 of this Law.
      Monitoring of telephone conversations, familiarization with messages of telecommunications, delay, inspection and collection of postal matters and documental correspondence, receipt of details about them, as well as other restrictions of secrecy of communications shall be allowed only in cases and in the manner established by the Laws of the Republic of Kazakhstan.
      4-1. For illegal access to communications network, the responsibility shall be established in accordance with the Law of the Republic of Kazakhstan.
      5. For violation of secrecy of correspondence, telephone conversations, postal, telegraph and other messages of the users of communications services, the providers shall bear responsibility in accordance with the Laws of the Republic of Kazakhstan.
      6. In existence of technical possibilities of carrying out the periodical accounting of local telephone connections by the communications provider, the user of communications services – individual shall have the right to choose the subscription, periodical or combined system of service payment.
      Upon periodical system of service payment upon demand of the user, the communications provider shall be obliged to provide written information on a gratuitous basis about local telephone connections subjected to payment.
      In case of non-provision of such information, the user of communications services shall have the right to make payment of communications services on the subscription system.
      User of communications services – legal entity shall make payment on periodical payment system of local telephone connections. User of communications services shall have the right to establish the certified counter of telephone connections.
      7. Amount and procedure for compensation of increasing the rates of subscription fee for rendering of telecommunications services to social protected citizens shall be determined by the Government of the Republic of Kazakhstan.
      Footnote. Article 36 as amended by the Laws of the Republic of Kazakhstan dated 21.11.2008 No. 89-IV (the order of enforcement see Article 2); dated 07.12.2009 No. 221-IV (the order of enforcement see Article 2); dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 9. Special aspects of provision of communications
services

Article 37. Use of languages and alphabets in activity of
communications providers

      1. In the territory of the Republic of Kazakhstan, at communications networks, the service documentation of communications providers shall be carried out in Kazakh or Russian languages.
      2. Addresses of the sender and receiver of telegrams and postal matters sent within the Republic of Kazakhstan shall be drawn up in Kazakh or Russian language at the will of the sender.
      3. Text of telegram shall be stated in Kazakh or Russian language at the will of the sender.
      3-1. Cellular communications provider shall ensure transmission of informational, short text messages in Kazakh and Russian languages.
      4. International messages transferred through communications networks shall be processed in languages determined by the international treaties and agreements of the Republic of Kazakhstan.
      5. Informational, reference and other details concerning the activity of communications providers, as well as samples of printed blanks in Kazakh and Russian languages shall be placed at the places available for users of communications services.
      Footnote. Article 37 as amended by the Law of the Republic of Kazakhstan dated 21.11.2008 No. 89-IV (the order of enforcement see Article 2).

Article 38. Accounting and reporting time in the field of
communications

      1. Upon carrying out of the activity in the field of communications in technological processes of transmission or receipt of messages and information by communications providers independently from the place of their location in the territory of the Republic of Kazakhstan, the single accounting and reporting time established by the authorized body shall be applied in the territory of the Republic of Kazakhstan.
      2. Informing users of communications services about time of provision of communications services shall be performed by local time.
      3. Accounting and reporting time in international communications shall be determined by the international treaties of the Republic of Kazakhstan.

Article 39. International cooperation

      1. International cooperation in the field of communications shall be carried out on the basis of international treaties.
      2. In international cooperation, the authorized body within the competence as administration of communications of the Republic of Kazakhstan shall represent and protect the interests of the Republic of Kazakhstan in international unions and communications organizations.

Chapter 10. Final provisions

Article 40. Responsibility of providers and users of
communications services

      1. Communications providers shall bear property responsibility for:
      1) loss, deficiency, damage (waste) of registered postal matters in accordance with the legislation of the Republic of Kazakhstan;
      2) deviation of the text of telegram that changed its meaning;
      3) non-delivery of telegram or handing of telegram to the addressee upon expiry of established term in the manner established by the legislation of the Republic of Kazakhstan.
      Communications providers providing the communications services with the violation of the legislation of the Republic of Kazakhstan in the field of communications shall be obliged to compensate the losses caused by this violation to user of services.
      1-1. Communications providers shall bear responsibility provided by the Laws of the Republic of Kazakhstan with the violation of obligation on collection and storage of service information about subscribers.
      2. Upon violation of conditions of the contract by the user of communications services, of the rules of operation of equipment, use of non-certified equipment at the telecommunications network, as well as upon untimely payment of communications services, the communications provider shall have the right to suspend the access of user to communications network upon expiry of ten days after written notification until elimination of deficiencies, with the exception of cases provided by paragraph 3 of Article 15 of this Law with compensation of loss of income by the user of communications services and harm inflicted to the communications provider due to damage or idle time of equipment, in accordance with the legislation of the Republic of Kazakhstan.
      3. Communications provider shall not bear responsibility for non-fulfillment or improper fulfillment of obligations on transfer or receipt of messages or on transmission or delivery of postal matters, unless it is proved that such non-fulfillment or improper fulfillment of obligations occurred due to the fault of the user of communications services or due to insuperable force.
      Footnote. Article 40 as amended by the Law of the Republic of Kazakhstan dated 10.07.2009 No. 178-IV.

Article 41. Responsibility for breach of the legislation of the
Republic of Kazakhstan in the field of communications

      Breach of the legislation of the Republic of Kazakhstan in the field of communications shall entail responsibility established by the Laws of the Republic of Kazakhstan.

Article 41-1. Procedure for suspension of work of networks and
(or) means of communications

      1. In case of use of networks and (or) means of communications in criminal purposes inflicting harm to interests of person, society and the state, as well as for distribution of information breaching the legislation of the Republic of Kazakhstan on elections, containing callings for carrying out the extremist and terroristic activity, mass disorders, as well as participation in mass (public) events conducted with violation of established order, the General Prosecutor of the Republic of Kazakhstan or his (her) deputies shall make a prescription to the authorized body on elimination of the breaches of the Law with requirement on taking the measures on temporary suspension of work of networks and (or) means of communications, rendering of communications services, Internet access and (or) information placed in there.
      2. Authorized body shall direct the requirement within an hour from the date of receipt on taking the measures on performance of prescription mentioned in paragraph 1 of this Article on elimination of the breaches of the Law for fulfillment to communications providers and (or) to the state technical service.
      3. Communications service and (or) state technical service shall:
      1) perform the requirement within no more than three hours by temporary suspension of the work of networks and (or) means of communications rendering of communications services, Internet access and (or) information placed in there after its receipt from the authorized body on taking the measures on performance of prescription mentioned in paragraph 1 of this Article on elimination of the breaches of the Law;
      2) determine the person using the networks and (or) means of communications in criminal purposes in cooperation with the authorized body, and when necessary jointly with law enforcement bodies, inflicting the harm to the interests of person, society and the state, as well as for distribution of information breaching the legislation of the Republic of Kazakhstan on elections, containing callings to carrying out the extremist and terroristic activity, mass disorders, as well as participation in mass (public) events conducted with the violation of established order and shall direct notification to him (her) with requirement to take measures on deleting such information.
      4. In case of the person using the networks and (or) means of communications in criminal purposes inflicting the harm to interests of person, society and the state, as well as for distribution of information breaching the legislation of the Republic of Kazakhstan on elections, containing callings for carrying out the extremist and terroristic activity, mass disorders, as well as participation in mass (public) events conducted with the violation of established order deleted it, he (she) shall direct the notification about this to the authorized body.
      5. after receipt of notification mentioned in paragraph 4 of this Article and inspection of its credibility, the authorized body shall issue commission to the communications providers and (or) state technical service on cancellation of requirement mentioned in paragraph 2 of this Article.
      6. Communications providers and (or) state technical service after receipt of the commission from the authorized body mentioned in paragraph 5 of this Article shall be obliged to perform it immediately.
      7. Authorized body, communications providers and state technical service shall bear responsibility established by the Law for non-fulfillment of the procedure for suspension of work of communications networks (or) means of communications determined by this Article.
      Footnote. The Law us supplemented by Article 41-1 in accordance with the Law of the Republic of Kazakhstan dated 23.04.2014 No. 200-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 42. On order of enforcement of this Law

      1. This Law enters into force from the date of official publication, with the exception of paragraph 3, subparagraph 2) of paragraph 5 and subparagraph 2) of paragraph 6 of Article 26 that enter into force from 1 January 2006.
      2. The Law of the Republic of Kazakhstan dated 18 May 1999 “On communications” (The Bulletin of the Parliament of the Republic of Kazakhstan, 1999, No. 12, Article 396; 2001, No. 24, Article 338; 2003, No. 1-2, Article 10) shall be deemed to have lost force.

      The President
      of the Republic of Kazakhstan