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Regulation of the Republic State Establishment "State Control Committee in the sphere of communication, informatization and media of the Ministry of Information and Communication of the Republic of Kazakhstan"

1. General provisions

1. Committee for Public Control in the field of Communication, Informatization and Mass Media under Ministry for Information and Communication of the Republic of Kazakhstan  (hereinafter  - the Committee) is an entity of Ministry for Information and Communication of the Republic of Kazakhstan (hereinafter – the Ministry) executing realizable and supervisory functions and also, participating in execution of regulative and strategic functions of the Ministry in the field of communication, informatization and mass media.      



2. The Committee is governed by the Constitution of the Republic of Kazakhstan, laws, acts by the President and the Government of the Republic of Kazakhstan and also, by the Regulation hereof. 

3. The Committee is a legal entity in government agency`s legal structure and has seals and stamps with its name on the national language as well as standard forms. 

4. The Committee enters into civil law relations on its own behalf. 



5. The Committee makes decisions regarding matters within its competence as required by the law and afterwards those decisions are executed by the orders of the Chairman.

6. Structure and staff number of the Committee are approved by the Executive Secretary of the Ministry with the concurrence of Minister for Information and Communication of the Republic of Kazakhstan.     

7. Full name of the Committee: “Committee for Public Control in the field of Communication, Informatization and Mass Media under Ministry for Information and Communication of the Republic of Kazakhstan” republican governmental agency.

8. Location of the Committee:  8 Orynbor str., entrance 14, House of Ministries, Esil district, Astana, 010000, the Republic of Kazakhstan.

9. The Regulation hereof is a constituent document of the Committee.



10. Funding of the Committee`s activities is executed from the republican budget.

11. The Committee is not allowed to enter into contractual relationships with business entities for the purpose of responsibilities execution that are within the Committee`s competence.

In case, if legislative acts of the Republic of Kazakhstan provide the Committee with a title to perform income activities, than all the revenues obtained from such activity would be sent to the republican budget. 

2. Mission, basic goals, functions, rights and liabilities

12. The mission:

provision of sustainable operation and safety of single information space and communication infrastructure as well as participation in development and implementation of effective national policy in the field of communication, informatization and mass media.

13. Goals:

1) participation in implementation of the national policy in the field of informatization, information, communication, e-document and digital signature;

2) execution of public control and coordination in the field of post and communication and also,  regulation of activities for entities providing services in the field of communication or using them;

3) development and provision of the safe single information space and communication infrastructure of the Republic of Kazakhstan and also, interdepartmental coordination of activities on provision of information space safety;

4) execution of government regulation in the field of TV and radio broadcasting as well as mass media;

5) maintenance of gender balance when employing and promoting employees;

6)execution of other activities allotted to the Committee within its competence.

Functions:

  1. provision of the national policy implementation within the competence;
  2. maintenance of international cooperation within the competence;
  3. enforcement of law and other regulations in the national safety field;
  4. preparation of requirements as well as the list of documents to them that certify compliance with those requirements in accordance with the legislation of the Republic of Kazakhstan;
  5. development of check lists, risk level criteria as well as six-month inspection schedules in compliance with the Commercial Code of the Republic of Kazakhstan;
  6. licensing of certain types of activities that are subject to licensing in compliance with the legislation of the Republic of Kazakhstan;
  7. execution of an authorized agency`s functions on management of the corresponding sector (field) of public administration in regard to republican national organizations and national bodies;
  8.  development, coordination and approval of legal acts on matters that are within the competence of the Committee, if direct competence on their approval in the Ministry’s orders is provided, except legal acts devoted to rights and freedoms of a person and citizen;
  9. development of public services` standards and regulations;
  10. filing of suit to the court in compliance with the legislation of the Republic of Kazakhstan;
  11. execution of public control over observance of the legislation of the Republic of Kazakhstan on mass media and TV and radio broadcasting;
  12.  registration and re-registration of printed periodicals, news agencies and online media;
  13. maintenance of single register of foreign printed publications distributed on the territory off the Republic of Kazakhstan;
  14.  execution of control over compliance with the legislation of the Republic of Kazakhstan in the field of mass media; 
  15. coordination of the national TV and radio broadcasting operator`s activities in regard to digital broadcasting implementation;
  16. registration and re-registration of domestic TV and radio channels;
  17. maintenance of register for registered printed periodicals, news agencies and online media;
  18. maintenance of register on entities distributing printed periodicals or web resources publishing erotic materials;
  19. registration of foreign printed periodicals distributed on the territory of the Republic of Kazakhstan;
  20. inspection of products by foreign TV and radio channels submitting a request for registration, on their compliance with the legislation of the Republic of Kazakhstan;
  21. execution of public control over observance of the legislation of the Republic of  Kazakhstan on mass media;
  22. mass media monitoring;
  23. registration and re-registration of foreign TV and radio channels distributed on the territory of the Republic of Kazakhstan;
  24. execution of control over observance of technical parameters for TV and radio broadcasting quality and TV and radio broadcasting national standards;
  25. execution of control over observance of legislation of the Republic of Kazakhstan on TV and radio broadcasting in the part of requirements stipulated by the Article 31 of the Law  of the Republic of Kazakhstan “On TV and radio broadcasting”;
  26. establishment, development and provision of safety of single information space and communication infrastructure and also, interdepartmental coordination of activities for provision of information space safety;
  27. licenses for the use of radio-frequency spectrum and civil radioelectronic- and high-frequency equipment on the territory of the Republic of Kazakhstan, including radioelectronic- and high-frequency equipment of amateur radio service; 
  28. temporary suspension of radioelectronic- and high-frequency equipment`s operation in cases of its non-compliance with established standards and technical regulations or creation of threat for the safety of citizens or environment and also, if important works or activities are executed in compliance with the legislation of the Republic of Kazakhstan;
  29. provision of activities on radio-frequency interference elimination for radioelectronic equipment, including radioelectronic equipment of international organizations and foreign countries operating in compliance with international contracts;
  30. maintenance of e-database of allocated civil radio-frequency bands;
  31. maintenance of distributed and back-up number pools` register;
  32. maintenance of the republican radio-frequency spectrum database reflecting electromagnetic environment of the Republic of Kazakhstan;
  33. issuance of reports for import of civil radioelectronic and high-frequency equipment, including build-in or being part of other goods, to the territory of the Republic of Kazakhstan, in cases other than import;
  34. maintenance of national resources` and communication providers` registries;
  35. allocation and assignment of licenses for the use of radio-frequency spectrum by civil users; issuance of ship station`s licenses, including allocation of call sign;
  36. access to the communication facilities of business entities executing activities in the field of communication and using radio-frequency spectrum for execution of inspections in the established manner on presentation of properly executed technical specification and official ID, except of special-purpose telecommunication network facilities;
  37. shutdown of radioelectronic- and high-frequency equipment in cases when the license for their operation is absent and (or) when technical parameters do not comply with set standards;
  38. management of activities for technical inspection of allocated frequency bands and radio-frequencies (radio-frequency channels);
  39. radio control and execution of inspections on radio-frequency spectrum application by individuals and legal entities executing activities in the field of communication and control over communication operators` compliance with qualification requirements for entities providing services in the field of communication and rules for the provision of communication services;
  40. forwarding of order when violations of the legislation of the Republic of Kazakhstan in the field of communication are detected;
  41. distribution and use of the national resources in the field of communication and also, participation in technical regulation and metrology spheres in the field of communication and its implementation within the competence;
  42. development of documents` (minutes`, orders`, inspection notices`) forms concerning execution of radio control; control over the use of radio-frequency spectrum by individuals and legal entities executing their activities in the field of communication and observance of  license provisions by licensees providing communication services;
  43. execution of public control over application of safety certificates by communication providers;
  44. execution of public control over the procedure for national and long-distance communication operators` networks connection to the Internet Exchange Point;
  45. execution of control over quality of communication services provided by communication providers;
  46. execution of monitoring over radio-frequency spectrum and civil radioelectronic- and (or) high- frequency equipment;
  47. activities coordination for the national technical service;
  48. tariff regulation for services in the field of natural monopoly in the field of communication and also, pricing of services produced and provided  by national monopoly entities in the field of communication;
  49. regulation of overall price level for subsidized all-in-one communication services provided in rural areas;
  50. regulation of prices (tariffs) for allocation of communication lines and channels  as well as  cable conduit systems and spaces required for allocation of hardware needed for authorized government agencies, military agencies, national security structures and internal affairs agencies of the country and also, for operator of e-Gov ICT infrastructure in the manner established by the Government of the Republic of Kazakhstan;
  51. execution of control over the National Mail Operator of the Republic of Kazakhstan observance of countermeasures on legitimization of income obtained through crime as well as funding of terrorism via postal communication;
  52. execution of control over observance of the legislation of the Republic of Kazakhstan in provision of services on postal communication;
  53. execution of regulation and control in the field of natural monopolies and on regulated markets in the field of telecommunication and generic services of postal communication;
  54. pricing of products (works, services) in concurrence with anti-monopoly agency, manufactured and (or) sold by public monopoly entity;
  55. execution of the national regulation of prices for goods (works, services) of market entities having a domineering (monopolistic) position on the market of telecommunication services and postal communication in compliance with the legislation of the Republic of Kazakhstan;
  56. analysis of commodities market for the purpose of provision of undiscriminated access  to goods (works, services) and to infrastructure of market entities in the field of telecommunication and postal communication;
  57. submission of suggestions on the national safety system improvement;
  58. relevant prosecution of officials and public officers, whose actions (inactions) lead to violation of national interests and  threat  to the national security of the Republic of Kazakhstan;
  59. delivery of practical and methodological assistance to government agencies and organizations regarding e-document and digital signature;
  60. execution of public control in the field of e-document and digital signature for compliance with the legislation of the Republic of Kazakhstan on e-document and digital signature;
  61. execution of monitoring over implementation of single requirements in the ICT field and provision of information safety;
  62. execution of interdepartmental coordination on single Internet access gateway operation;
  63. execution of intersectoral coordination of monitoring over provision of information safety, protection and safe operation of e-Gov informatization facilities as well as Kazakhstani Internet segment and also, of information systems classified as essential ICT facilities and response on national safety incidents in the manner established by the legislation of the Republic of Kazakhstan;
  64. coordination of activities on the development of information security tools for detection, analysis and prevention of information safety threats for provision of sustainable operation of information systems and telecommunication networks of government agencies;
  65. coordination of activities for web resources and information and communication  facilities` infrastructure during social, natural and technological emergencies, announcement of emergency or military situation;
  66. development of single requirements in the field of ICT and provision of information safety;
  67. preparation of rules for execution of inspection of information system, e-Gov`s information and communication platform and government agency`s web resource on their compliance with information safety requirements;
  68. execution of inspections of information system, e-Gov`s information and communication platform and government agency`s web resource on their compliance with information safety requirements;
  69. assistance to owners and users of informatization facilities in matters of the safe ICT use, including prevention of illegal activities on obtaining, copying, distributing, modifying, annulment and blocking of e-information resources;
  70. execution of public control in the field of informatization;
  71. development of the list of essential facilities of information and communication infrastructure and also, preparation of rules and criteria for information and communication infrastructure facilities assignment to the essential facilities of information and communication infrastructure;
  72. participation in activities on standardization and conformity assessment in the field of informatization;
  73. registration and storage of the developed software, initial codes (if available) and setting up packages for licensed software of government agencies` information systems;
  74. activities management for development of technical regulations and technical standards within the competence;
  1. execution of protocols, administrative violations proceedings and imposition of administrative penalties pursuant to the procedure established by the Code of the Republic of Kazakhstan on Administrative Violations;
  2. development of check lists, risk level criteria as well as six-month inspection schedules in compliance with the Commercial Code of the Republic of Kazakhstan;
  3. approval of non-discriminatory calculation procedures for tariffs (prices, charge rates) or their threshold levels for regulated services (goods, works) of natural monopoly entities in the field of telecommunication and postal communication generic services and also, approval of calculation procedures for the goods (works, services) of regulated market entities;
  4. establishment of procedure for approval of tariff cost estimations, tariffs (prices, charge rates) or their threshold levels and temporary reduction coefficient to tariffs (prices, charge rates) on regulated services of natural monopoly entities in the field of telecommunication and postal communication generic services;
  5. establishment of procedure for approval of temporary compensation tariff for regulated services of natural monopoly entities in the field of telecommunication and postal communication generic services and for provision of tariff cost estimation drafts, tariffs (prices, charge rates) or their threshold levels;
  6. communication networks management in case of threat or actual happening of social, natural or technological emergencies and also, announcement of emergency situation in collaboration with government agencies, which have a right on   according to the list assigned by the Government of the Republic of Kazakhstan on priority service and also, suspension of networks` and communication devices` operation, except of government communication as well as networks and communication devices of emergency services;
  7.  effective application of radio-frequency spectrum;
  8. registration and storage of the developed software, initial codes (if available) and setting up packages for licensed software of government agencies` information systems;
  9. execution of other liabilities stipulated by the Law of the Republic of Kazakhstan; acts by the President and Government of the Republic of Kazakhstan and other legal acts.

14. Rights and liabilities of the Committee:

The Committee has a right to:

1) issue legal acts within its competence;

2) request and obtain required information and materials as required by the law from structural divisions of the Ministry, government agencies, organizations and public officials;

3) offer suggestions on improvement of the legislation of the Republic of Kazakhstan;

4) hold meetings, seminars, conferences, roundtable discussions, competitions and other activities devoted to matters that are within the Committee`s competence;

5) offer suggestions on establishment of  advisory and consultative agencies (workshops, commissions, counsels) for supervising activity areas;

6) engage relevant specialists for participation in inspections regarding matters that are within the competence;

7) exercise other rights provided by the applicable legislation of the Republic of Kazakhstan.

The Committee`s liabilities are as follows:

1) execution of tasks and functions allotted to the Committee;

2) comply with the legislation of the Republic of Kazakhstan as well as rights and legally protected interests of individuals and legal entities;

3) preparation of explanations on matters that are within the competence of the Committee;

4) provision of required materials and statements within the competence and under the legislation, in cases of official requests by structural units of the Ministry as well as government agencies;

5) integrity provision of public property that is in balance of the Committee;

6) provision of complete, timely and effective management of budget funds allotted for the Committee;

7) execution of public procurement procedure in accordance with the legislation of the Republic of Kazakhstan.

3. Management of the Committee`s Activities

15. The Committee is headed by the Chairman, assigned and dismissed from the office in compliance with the procedure established by the legislation of the Republic of Kazakhstan.      

16. The Chairman has a Deputy, assigned and dismissed from the office in compliance with the procedure established by the legislation.

17. The Chairman of the Committee is charged with general management of the Committee.

18. The Chairman of the Committee:

1) mandatorily executes orders by Minister, Executive Secretary and supervising Prime-Minister;

2) determines duties and competences of deputies, heads of structural units and the Committee`s employees;

3) issues orders within the competence;

4) assigns and dismisses the Committee`s employees, except those employees, the matters of labour relations with whom are within the competence of superior government agencies and public officers;

5) makes decisions on business trips, provision of leaves, delivery of financial assistance, training (re-training), advanced training, payment of perks and bonuses and also, on disciplinary liabilities of the Committee`s employees, except those employees, the matters of labour relations with whom are within the competence of superior government agencies and public officers;

6) represents the Committee in government agencies and other organizations in compliance with the applicable legislation;

7) approves regulations on structural units of the Committee;

8) in case of detected corruption offences or activities triggering corruption, informs the Ministry`s executives;

9) enforces public officers ethics by the Committee`s employees;

10) adopts measures aimed at corruption control in the Committee and bears personal liability for taking anti-corruption actions;

11) makes other decisions on matters within the competence.

Fulfillment of the responsibilities of the Committee`s Chairman during his/her absence is executed by a Deputy in accordance with the applicable legislation.   

19. Deputy Chairman of the Committee:

1) coordinates activities of the Committee`s structural units within the competence;

2) mandatorily executes orders by Minister, Executive Secretary, supervising Prime-Minister and Chairman of the Committee;

3) executes other functions.

4. The Committee`s property

20. The Committee has a separate property on the basis of operational management.



The Committee`s property consists of the property provided by the government as well as of the other property the cost of which is reflected in the balance sheet of the Committee. 

21. The Committee’s property belongs to the republican property.

22. The Committee may not alienate or dispose of the property assigned to it, unless otherwise is provided by the law of the Republic of Kazakhstan.

23. The list of local bodies under the jurisdiction of Committee for Public Control in the field of Communication, Informatization and Mass Media under Ministry for Information and Communication of the Republic of Kazakhstan is provided in appendix 1 to the Regulation hereof.   

5. Reorganization and liquidation of the Committee

24. Reorganization and liquidation of the Committee is executed in compliance with the legislation of the Republic of Kazakhstan.

Published on: 01.02.2018
Updated on: 19.04.2018

 

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