On The Legal Regulation Of The Internet And Internet Services In Turkmenistan

Original Language Title: О правовом регулировании развития сети Интернет и оказания интернет-услуг в Туркменистане

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On the legal regulation of the Internet and Internet services in Turkmenistan this law defines the legal framework regulating relations connected with the development of the Internet in Turkmenistan, and establishes the legal framework for activities in the field of Internet services in the territory of Turkmenistan.
 
Chapter i. General provisions article 1. The basic concepts used in this law 1. For the purposes of this Act, the following basic concepts are used: 1) Regulation of the Internet development in Turkmenistan-the development and application of State principles, legal norms, institutional rules and technical procedures for the development of the Internet in Turkmenistan on the basis of which is the provision of Internet services;
2) national segment of Internet network is a set of domains, accepted domains in the manner prescribed by the legislation of Turkmenistan, Internet resources located in other domains or do not belong to any domain, hosting which is available on the territory of Turkmenistan and Turkmenistan's telecommunications network, which provides access to the Internet;
3) national domain first (top) level-domain name which a code of Turkmenistan, approved by the International Organization for Standardization (ISO 3166-2). Turkmenistan national first level domain is designated as "." and TM belongs to Turkmenistan. Managing domain. TM is performed with the territory of Turkmenistan;
4) second-level domain is a domain name that includes the name of the national top-level domain (tm) and its own name;
5) National Registrar-organization conducting the registration of e-mail addresses and domains maint specified addresses;
6) Internet service operator means a natural or legal person carrying out work to provide users of Turkmenistan access to the Internet and (or) other services provided by using Internet technologies. As Internet service operator in Turkmenistan may make communication operator and (or) Internet service provider;
7) online-services-services, the provision of which is done by transferring or receiving data over Internet channels;
8) data-the information provided in the formalized form, which provides an opportunity of its storage, processing and transmission;
9) Internet user-beneficiary of terminal equipment, connected to the Internet for the purpose of receiving or transmitting data;
10) Internet connectivity services-acts or activities to connect terminal equipment owned by Internet user on the right of ownership or other right to the Internet;
11) terminal equipment is connected to a subscriber's lines and in the use of technical means for subscribers to telecommunication signal generation for transmission or reception of data subscribers through the channels of the telecommunications network;
12) Internet email services-actions or activities for assigned addresses to the user of the Internet and the enrollment data to this address, as well as storing and sending user data submitted online or come to him;
13) Internet hosting services-enabling users (remote computers) of server space and software on the Internet, as well as custom site maintenance on Web servers;
14) recipient means a natural or legal person to whom data is transmitted through the channels of the Internet.
2. the generally accepted international concepts used for the purposes of this law: 1) the Internet is a global information and telecommunications network linking information systems and telecommunication networks of various countries through a global address space based on the use of complexes of Internet protocols (IP, Internet Protocol) and data transmission protocol Transmission Control Protocol (TCP) and provides an opportunity to implement various forms of communication, including posting information for the general public;
2) information-telecommunication network-complex (aggregate) telecommunication and computer tools (computer) technology, which provides collection, processing, storage, accumulation and dissemination of information;
3) domain name (domain)-character designation registered for network addressing, which uses the domain name system (DNS);
4) Web server is the computer connected to the Internet, or a program that provides access to network resources or provides information to the client application or computer. Web server stores and Internet information, organized in the form of Web pages;
5) Web page-independent portion of the Web site; a separate document on the Internet with a unique address (URL), which can contain text, graphics, audio or video files, animation;
6) website-group thematically related Web pages with all attachments, folders, links, and the technical part.
3. other terms used in this law shall apply those values, in which they are defined in the legislation of Turkmenistan.
 
Article 2. Turkmen legislation on legal regulation of the Internet and Internet services in Turkmenistan

1. the legislation of Turkmenistan on legal regulation of the Internet and Internet services in Turkmenistan is based on the Constitution of Turkmenistan, and consists of this law and other normative legal acts of Turkmenistan, governing the development and use of the Internet.
2. Normative-legal acts of Turkmenistan, adopted in accordance with the requirements of this law, shall be binding on all persons in the territory of Turkmenistan Internet users or operators of services on the Internet.
3. If an international treaty to which Turkmenistan stipulates other rules than those stipulated by this law, the rules of the international treaty shall apply.
Normative legal acts of Turkmenistan, affecting rules and regulations that govern technological and organizational aspects of Internet development at the international level, are subject to mandatory consultation with specified rules and regulations.
 
Article 3. The goals and objectives of this law 1. The main objectives of this law are: 1) the creation of a sustainable and effectively applied by the legal framework for the development of the Internet in Turkmenistan for subjects of relations regulated by the present law;
2) consolidating the State guarantees protection in the relations associated with the Internet, rights and legitimate interests of citizens of Turkmenistan, the State interests of Turkmenistan;
3) establishment of legal framework in the field of Internet services in Turkmenistan;
4) determination of conditions for the participation of Turkmenistan in the elaboration and adoption of international norms governing both technological and legal aspects of Internet development.
2. The main objectives of this law are: 1) the definition of public policy with respect to the development of the Internet throughout the country;
2) free access Internet users in Turkmenistan to the Internet;
3) define the procedure and conditions for connection to the Internet of subjects of relations regulated by the present law;
4) determination of the legal regime of the information posted on the Internet or transmitted via the Internet provided a means of Exchange;
5) prevention of socially dangerous acts perpetrated on the Internet, as well as the creation of a regulatory environment for the effective prosecution and punishment of perpetrators of such offences;
6) the protection of copyright and other exclusive rights to intellectual property objects that are hosted on the Internet;
7) protection of personal data of users of the Internet, which are collected in the course of their interaction with each other and with operators of Internet services;
8) creating a regulatory environment for electronic document management in the Internet.
 
Article 4. The scope of this law 1. This law applies to Internet service and (or) other legally significant acts, made using the Internet, which are considered to be committed under the jurisdiction of Turkmenistan in the case when the place of service provision and (or) the location of the Internet user is the territory of Turkmenistan.
2. the time of the Commission of a legally meaningful actions recognized by the time of the first activity that emitted the legal consequences.
3. This law shall not apply to the relations connected with the freedom of access to information, protection of information and intellectual property, unless otherwise stipulated by this law.
 
Article 5. Subjects of relations governed by this law subjects of relations governed by this law are: 1) the public authorities in the sphere of regulating the development and use of the Internet;
2) Internet users;
3) Internet service operators.
 
 
CHAPTER II. The State policy in the sphere of REGULATION of the INTERNET DEVELOPMENT in Turkmenistan, Article 6. The basic principles of regulation of relations connected with the development of the Internet in Turkmenistan, regulation of relations connected with the development of the Internet in Turkmenistan shall be subject to the following basic principles: 1) guaranteeing the rights and freedoms of the citizens of Turkmenistan on the use of the Internet and access to initial in it;
2) accounting features of organizational rules and technical procedures for the construction and development of the Internet, established at the international level and existing at the moment of enactment of this Act;
3) limiting regulation of the Internet include only those subject areas in respect of which no can not be applied because of the requirements of the legislation of Turkmenistan rules established at international level;
4) exclusion of relations connected with the development of the Internet and do not affect the established by the legislation of Turkmenistan, the rights and interests of the citizen, society and the State;
5) repudiation to physical and legal persons in entering into a contract for the provision of Internet services to common with other users of the Internet environment.
 
Article 7. The main directions of the State policy in the field of the provision of Internet services

The main directions of the State policy in the field of the provision of Internet services are: 1) ensure universal and equal access to connect to the Internet by creating and supporting infrastructure of public and private providers in the use of computing devices, connected to the Internet;
2) facilitated the provision of Internet services to socially vulnerable segments of the population;
3) development of infrastructure services to connect to the Internet in rural, remote and isolated areas of Turkmenistan;
4) ensure requirements established by normative legal acts of Turkmenistan, to quality services to connect to the Internet through their State certification and licensing of persons providing these services;
5) formation and integration into the Internet networking and information resources of State authority and administration, local authorities, educational and library institutions of Turkmenistan for the provision of universal access;
6) promotion of distance forms of employment of workers for more full realization of the right of every citizen to work, as well as participation in labour processes of persons with disabilities;
7) creating conditions for the development of distance learning with an emphasis on dissemination of basic knowledge and skills required for the use of Internet services;
8) inclusion of basic knowledge and skills required for the use of Internet services in secondary education standards;
9) information security of the State, individuals and legal entities in the provision of Internet services;
10) timely improvement of the mechanism of legal regulation of the provision of Internet services taking into account changes in technologies and public relations regarding their use.
 
Article 8. State support for the development of the Internet in Turkmenistan 1. The State encourages and supports the development of the Internet in Turkmenistan.
2. the State shall take measures to ensure that: 1) equitable, non-discriminatory access to the Internet;
2) implementation of government programs connect to the Internet, residents of Turkmenistan within the framework of the development of information services and communications services;
3) creating a non-discriminatory order of usage of information resources of Turkmenistan;
4) preventing unjustified restrictions on the activities of the operators of Internet services and carried out via the Internet for the exchange of information;
5) promoting market development services rendered by using Internet technologies, preventing monopolization and unfair competition.
3. The State shall promote the development and use of Internet infrastructure, including through the use of incentives on taxes and other obligatory payments.
4. When taking decisions on State support of Internet development projects in Turkmenistan, priority will be given to innovative technological solutions, ensuring more widespread use of the Internet by citizens of Turkmenistan.
5. the State provides target the dissemination of the use of Internet technologies in the interaction between the State, the private sector and citizens by providing public services using these technologies.
6. The State, through the authorized government bodies in the area of management development and the use of the Internet and Internet service operators jointly participating in the drafting of international standards regulating technological and organizational aspects of development of the Internet.
 
Article 9. Licensing and certification in the field of Internet Services 1. Licensing activities of natural and legal persons to provide Internet services in the manner prescribed by the legislation of Turkmenistan and other normative legal acts of Turkmenistan.
2. certification of technical equipment and software used to provide Internet services, is carried out in the manner prescribed by the legislation of Turkmenistan.
 
CHAPTER III. REGULATION of INTERNET development and utilization in Turkmenistan, Article 10. Participants in the regulatory process of the development and use of the Internet in Turkmenistan 1. Actors in the development and regulation of the use of the Internet in Turkmenistan are: 1) the public authorities in the sphere of regulating the development and use of the Internet;
2) Internet service operators.
2. the public authorities in the sphere of regulating development and use of the Internet are public administrations charged with: 1) the formulation of Government policy and normative-legal regulation in the field of development and utilization of the Internet;
2) information security of the State and protect the legitimate interests of citizens of Turkmenistan;
3) observance of the rights of natural and legal persons in the provision and use of Internet services in Turkmenistan.
 
Article 11. The powers of the public authorities in the sphere of regulating development and use of the Internet

The public authorities in the sphere of regulating the development and use of the Internet: 1) develop, coordinate and implement State policy in the field of development of the Internet and provide Internet services at the national and international level;
2) create favourable conditions for the development, proliferation and widespread use of the Internet and Internet technologies in Turkmenistan;
3) develop proposals, principles and tools for stakeholders on the regulation of relations connected with the development and use of the Internet in Turkmenistan;
4) register in the framework of the national segment of the Internet e-mail addresses of national domains and maintain reference these addresses;
5) participate in the development of projects of normative legal acts, regulating relations associated with the development and use of the Internet in Turkmenistan;
6) are overseeing the legislation of Turkmenistan, regulating relations associated with the development and use of the Internet;
7) promote the dissemination of international best practices in the field of regulation of relations connected with the development and use of the Internet;
8) engaged in combating offences committed through the use of the Internet;
9) exercise any other powers provided for by this law and other normative legal acts of Turkmenistan.
 
Article 12. Powers of operators of Internet services in the field of management development and the use of the Internet 1. Internet service operators: 1) Turkmenistan provide users access to the Internet;
2) provide users of Turkmenistan services using Web technologies stipulated by this law and other normative legal acts of Turkmenistan;
3) participate in the formulation of projects of normative legal acts of Turkmenistan in the sphere of providing Internet services to individuals and legal entities;
4) participate in the development of standards in the development of the Internet in Turkmenistan;
5) exercise any other powers provided for by this law and other normative legal acts of Turkmenistan.
2. Internet Service Operators assist authorities engaged in investigative activities, in their respective events, take measures to prevent the disclosure of organizational and technical methods of carrying out such activities.
3. In case of violation by the user of the Internet, as well as with the untimely payment of Internet Services Internet service operator has the right to suspend user's access to the Internet to fill the gaps.
 
CHAPTER IV. The MAIN PROVISIONS of the LEGAL REGULATION of CERTAIN CATEGORIES of Internet services Article 13. Provision of Internet connectivity services 1. For public authorities and management of computer networks connected to the Internet is required.
The procedure and conditions for connection to the Internet of these bodies, including the terms and conditions contained in the protection of such information, the order of financing of relevant activities, procedure for information exchange through the Internet, and more, are determined by the relevant public authorities in the sphere of regulating the development and use of the Internet.
2. For scientific and educational institutions and cultural sphere, including the Turkmen Academy of Sciences scientific organizations and higher educational institutions, educational institutions of all types, libraries, Museum and archival institutions, access to the Internet is carried out compulsorily.
3. Under contract to connect to the Internet Internet service operator undertakes to provide services to connect terminal equipment owned by Internet user on the right of ownership or other right to the Internet, and Internet user undertakes to pay for the services provided and used in accordance with the Treaty, this law and other normative legal acts of Turkmenistan.
4. connection to Internet of cryptographic information protection means is carried out in the manner prescribed by the legislation of Turkmenistan.
 
Article 14. Providing Internet e-mail services 1. Under a contract for the provision of Internet services email Internet service operator undertakes to assign to the consumer service address and take to this address information through the Internet, as well as store and send such information on behalf of a user specified Internet addresses, and Internet user undertakes to pay for the services provided and used in accordance with the Treaty, this law and other normative legal acts of Turkmenistan.
Contract for the provision of Internet e-mail services shall be in writing.
2. the agreement of the parties to amend or supplement the contract on rendering of Internet mail service must be made in the same form as the Treaty itself.

3. In the agreement on the provision of Internet services email: must be specified to assign the user to the Internet address, additional requirements as to the form, if any, terms of admission and transfer information Internet service operator, which cannot be more than provided for in the relevant regulations.
4. In the agreement on the provision of Internet Services provides additional e-mail: maximum size and retention information, addressed to the Internet user, the maximum lump size accepted or sent Internet service operator information, a course of action if you exceed these limits.
 
Article 15. The provision of Internet hosting services under a contract for the provision of Internet hosting services Internet service operator undertakes to grant Internet users access to the information resource by posting this resource on the equipment permanently connected to the Internet, and Internet user undertakes to pay for the services provided and used in accordance with the Treaty, this law and other normative legal acts of Turkmenistan.
 
Article 16. Provision of Internet services to State authorities, local self-government bodies 1. Internet services authorities, bodies of local self-government are any applicant person via a special Internet site, if the possibility of providing specific services not prohibited by the legislation of Turkmenistan.
2. A special Internet site should provide: 1) providing Internet services to State authorities, local self-government bodies, and should also contain a list of these services;
2) opportunity to fill in an electronic form of documents required for obtaining Internet services authorities, bodies of local self-government;
3) filing in electronic form of documents for obtaining Internet services authorities, bodies of local self-government;
4) opportunity to receive electronically information on the provision of Internet services to government bodies, bodies of local self-government;
5) opportunity to receive in electronic form result Internet services authorities, local self-government bodies, if such a possibility is not contrary to the essence of this service;
6) the possibility of amending the electronic form of payment for the provision of Internet services to government bodies, bodies of local self-government.
3. When granting Internet-services to public authorities and administrative bodies of local self-government must ensure the confidentiality of personal data of individuals applying for the relevant service.
4. Public authorities and management bodies of local self-government with the creation of a special Internet site should take measures to ensure the safety and security of its functioning.
 
Article 17. Providing information on the activities of the organs of State power and administration, organs of local self-government on the Internet 1. Bodies of State power and bodies of local self-government management for posting information about their activities on the Internet create their official sites.
Bodies of State power and administration and bodies of local self-government in accordance with the legislation of Turkmenistan appointed officials who have the duty to monitor the reliability and relevance of information provided on these sites.
2. information on the activities of bodies of State authority and administration, local self-government bodies, hosted on the Internet must contain the following information: 1) General information about the authority of State power and administration and local self-government body, a list of which is set by the legislation of Turkmenistan;
2) information on normative legal acts, regulating the activity of a public authority and the control body of local self-government, as well as the organ of State power and administration, a body of local self-government;
3) list of services provided by the public authority and control organ of local self-government;
4) statistical information on the activities of the organ of State power and administration, local self-administration bodies, the list of which is set by the legislation of Turkmenistan;
5) information on the work of the body of State power and administration, local self-administration bodies with requests of physical and legal persons;
6) schedule of reception of visitors to officials of State authority and administration, local self-administration body.
3. information on the activities of organs of State power and administration and bodies of local self-government is available to any person upon request directed to the e-mail address of the relevant body, stated on his official website.

In the case of information on the activities of the organ of State power and administration, local self-administration bodies are already posted on the Internet, in response to a query can be specified only a reference to the corresponding site on the Internet.
4. the public authorities and bodies of local self-government, control when you create the official site on the Internet should take measures to ensure the safety and security of its functioning.
 
Article 18. Provision of Internet services to disseminate media 1. Edition print media can advertise on the Internet electronic edition.
The electronic version of the publication generally corresponds to its printing rooms, retains its design and composition. Following the title, publication number, release date, introductory text followed by e-page issue with retaining band rubrics, subtopics, headers, texts and illustrations.
To the characteristics of the electronic version of the print media in relation to its paper version include the following: 1) in the news columns is made important information to the editor after the release of the printed numbers;
2) dimensions of publications you can optionally increase, enriching their important details and details to accompany the additional illustrations and publish texts not included in the print room, which has a strictly defined scope, which restricts the size of its publications, texts or reduction to porting some of these in the following numbers are printed;
3) expanding audience media due to readers with the ability to connect to the Internet;
 
4) attract advertisers due to advertising promotion throughout the electronic version of the distribution media in comparison with territorial restrictions for its printed version, which is essential for the economic situation of the media.
The electronic version of the print media is not subject to self-registration.
The founder of print media or his authorized representative when submitting documents for registration in accordance with the legislation of Turkmenistan indicates the exposure on the Internet its electronic version.
In a statement on registration of mass media should be specified the domain name of the website of the electronic version on the Internet, which is established in accordance with this law and procedure to be adopted by the National Registrar.
In the electronic version of the output specifies the data provided by the legislation of Turkmenistan for each issue of the periodical printed publising, as well as the name of his site on the Internet.
2. As a form of media on the Internet can be an independent Internet publication, rights and duties, principles of formation and functioning of which are determined by the terms of the Turkmenistan law "on the mass media in relation to online media and the present law.
To the characteristics of an independent Internet media compared to the printed edition or its electronic version includes: 1) decrease in financial expenses associated with the base and the release of the network editions;
2) efficiency income information to the reader, which lies in the possibility of continuous warning the audience about events;
3) opportunity to expand and enhance topic coverage of publications related to the increase in their size;
4) the freedom of navigation, it is possible to use the network published the so-called Hypertext, multiple filler links that the reader via the Internet to other texts, receiving additional information related to the topic of the publication;
5) free design, free composition associated with continuous updating of news information to the Server Edition;
6) freedom of movement and choice of place of stay of the journalists drafted her managers in carrying out their duties, which can interact with using the Internet.
Independent Internet media is subject to registration in accordance with the Turkmenistan law "on mass media".
In relation to online media in a statement for the purposes of the registration of the domain name shall be mentioned his site in a network the Internet, which is established in accordance with this law and procedure to be adopted by the National Registrar.
In the output of independent Internet media should contain the following data: 1) name of the network editions;
2) surname, first name, patronymic (name) founder (co-founders);
3) surname, initials, editor-in-Chief;
4) address;
5) name registration authority and registration number;
6) domain name of the website on the Internet.
 
Chapter v. TRANSMITTED INFORMATION requirements and conditions for ITS TRANSFER of INTERNET CHANNELS in the PROVISION of Internet services, Article 19. Requirements for the transmitted information through the Internet 1. The person sending the information to Internet channels, should present it in a manner consistent with the requirements specified in the contract for the provision of Internet services.

2. In the absence of agreement on the provision of Internet services requirements to form a person transmitting information, is obliged to present it in the form of an electronic document.
Electronic document must: 1) contain the requisites to establish its authenticity;
2) be created and used in the manner and form, allowing to identify the originator of the electronic document;
3) be represented (vosproizvedënnym) in a human-readable;
4) be accessible to its repeated use.
3. the person transmitting information through the channels of the Internet is solely responsible for its content in accordance with the legislation of Turkmenistan.
4. the person transmitting information through the channels of the Internet, not conforming to the requirements of this article, shall bear the risk of loss, distortions or delays of delivery to the addressee information transmitted through Internet channels.
 
Article 20. Time of performance of the obligation to transfer information in the provision of Internet services unless otherwise provided by the contract for the provision of Internet services, the obligation to provide information shall be deemed executed at the time of receipt of information from Internet service operator, obligated by treaty with the sender to pass information to the recipient address or other specified person.
 
Article 21. Send timeline information Internet service operator 1. The time frame within which the operator Internet services is obliged to send the information to the specified address, establishes rules for the provision of Internet services.
2. In the Treaty zaklûčënnom with operator services Internet can be specified short delivery time information compared with the timetable established by the relevant regulations.
 
Article 22. Information and documentation about it the operator in the provision of Internet services to Internet service providers 1. Information and documentation about her Internet service operator in the provision of Internet services is carried out within the time limits and in the manner prescribed by the contract for the provision of Internet services and legal acts of Turkmenistan.
2. the rules for Internet-based services must be specified categories of information and data on it, for which documentation is necessary, as well as the order and terms of such documentation and storage of relevant documents Internet service operator.
 
Article 23. Confirmation of the execution of the obligation to transfer information in the provision of Internet Services 1. On demand of the sender or the addressee information Internet service operator gives free help or other confirmation of receipt or sending information, documented on the basis of article 22 of this law, in the form established by the legislation of Turkmenistan.
In the absence of a specified form confirmation is issued in any form with indication of requisites of information to enable them to identify, name and legal form of Internet service operator, the number of his licence for the provision of data transmission services, the date of issuance of the acknowledgement, the names of the officer issuing the confirmation, as well as putting his signature and seal of the organization-Internet service operator.
2. where was documenting the transmitted or received information Internet service operator in accordance with article 22 of this law, the consumer Internet services may require to give him a copy of the documentation for a fee under conditions established by agreement of the parties, and in the absence of such agreement, in accordance with the requirements, usually to work on copying the documentation.
 
Article 24. Place Internet services Place providing Internet services is regarded as a place of residence or place of stay of the Internet user is a natural person or the place of State registration of the Internet user is a legal person, if otherwise not stipulated by the legislation of Turkmenistan.
 
CHAPTER VI. SPECIFIC CONDITIONS for the USE of the Internet, related to the PREVENTION OF VIOLATIONS OF HUMAN RIGHTS, article 25. Opposition to the use of the Internet for illegal purposes by users of the Internet, the State shall adopt such legislative and other measures to counter the use of the Internet for illegal purposes by users of the Internet.
One such measure is the responsibility of the operators of Internet services to store information about users and the services provided to them not less than 12 months and provide information on request of judicial and/or law enforcement agencies.
 
Article 26. Cooperation of public authorities in the sphere of regulating development and use of the Internet with public associations to combat trafficking on the Internet illegal information 1. The public authorities in the sphere of regulating development and use of the Internet may in accordance with the legislation of Turkmenistan to cooperate with public associations whose activities are aimed at detecting illegal information on the Internet.

Specified in accordance with the cooperation agreements concluded by the public authorities in the sphere of regulating development and use of the Internet with public associations.
2. In accordance with those agreements, voluntary associations, and to discover illegal information, send address information site on the Internet where this information is available, corresponding to the authorized State body in the field of management development and the use of the Internet to respond according to its competence.
 
Article 27. Protection of the personal data of Internet users Internet user chooses the level of confidentiality of the invoices (reported) personal data on the Internet.
The State takes responsibility for guaranteeing privacy and the non-use of personal data for improper purposes on the Internet.
The State, represented by respective authorized State bodies in the area of management development and the use of the Internet provides Internet users the opportunity to seek redress in the event of a breach of confidentiality or tampering of personal data.
 
Article 28. Restricting children's access to information products disseminated through the use of the Internet 1. Children's access to information products disseminated through the use of the Internet in educational institutions, implementing educational programmes of pre-school, primary, basic and general secondary education and non-formal education of children, as well as in other organizations, Internet service providers, is permitted, provided such organizations use hardware and software, and other technical and technological means of ensuring information security in children.
2. the use of the Internet service providers the right to use is not prohibited by the legislation of Turkmenistan measures for establishing the age of the person to whom the services are provided.
3. Information dissemination among children of certain ages limited information: 1) provided in the form of images or descriptions of cruelty, physical and/or psychological violence, crime or other anti-social acts;
2) calling the children fear, terror or panic, including information provided in the form of images or descriptions in dehumanizing form of non-violent death, disease, suicide, accident, accident or catastrophe and (or) their implications;
3) provided in the form of images or descriptions of sexual relations between a man and a woman;
4) containing swear words and expressions that are not related to swearing.
4. Information forbidden for distribution among children include information: 1) encouraging children to commit actions that threaten their lives and (or) health, including harm to their health, suicide;
2) might cause in children the desire to consume narcotic substances, psychotropic substances and precursors, alcoholic beverages and tobacco products, toxic, psychoactive, potent or other Stupefacient substances;
3) justified or justifying the validity of violence and/or cruelty or incited to carry out violent acts against people or animals;
4) denying family values and generates contempt for parents and/or other family members;
5) to justify the wrongful conduct;
6) containing foul language;
7) containing information of a pornographic nature.
 
 
Article 29. Distribution requirements of computer and other electronic games among children using the Internet 1. In computer and other electronic games using Internet, in circulation in the territory of Turkmenistan, it is prohibited to use hidden inserts and other technical methods and means of disseminating information, influencing the subconscious mind children or have a harmful effect on their health and development (including the methods and means of information perception and sensory hyper-aggression in users of games), including hidden modules of functionality hidden bonuses to enable activate game episodes, or otherwise access information products prohibited for circulation among children in accordance with the legislation of Turkmenistan.
2. On the territory of Turkmenistan is not allowed to spread computer and other electronic games among children using the Internet, containing stories: 1) provoking child's dismissive or negative attitudes towards disability of others, aggressive, violent crimes and other anti-social acts, including its manifestations of aggression and cruelty towards the Sims games or game partners;
2) associated with the opportunity to commit the murders and virtual player virtual injuries to players of the game, including associated with the naturalistic depiction of human blood;

3) coupled with naturalistic depiction or simulation of inhumane treatment associated with special physical or mental suffering man (as well as the merits of having a clear resemblance to the person) or animal, including torture, torment, torture, abuse, the use of particularly cruel ways of maiming and killing;
4) exploiting interest in sex, naturalistic depictions that simulate or mimic sex organs, sexual intercourse or other acts of a sexual nature, including using real or virtual images of humans, animals or creatures that have a clear similarity with humans or carry other information of a sexual nature that can cause user games in children-not an appropriate age normal interest in sexual issues, including containing the image or simulate scenes of rape or other sexual assault , images of child sexual exploitation or any other acts of a sexual nature in relation to the child, as well as the use of the voice and image of the child in sexual subjects;
5) can cause the appearance of children repeating fears, panic or serious horror to them, including detailed modelling or naturalistic depicting the occult-mystical or magical rituals; acts of dissection of the human body, suicide, self-inflicted injury; physiological details the process and consequences of death and agony of living beings; frightening consequences of accidents, accidents, catastrophes (trauma, injury, traces of copious bleeding corpses, bodies maimed or amputated body parts of humans or animals, traces of bloodshed).
3. Internet Service Operators, owners and managers of community access points to the Internet are required to provide with respect to multiplayer online games in compliance with the legislation of Turkmenistan, age restrictions on access to such games to children using age verification for a valid u.s. user.
 
CHAPTER VII. RESPONSIBILITY in the provision of Internet services, Article 30. The responsibility of the Internet users Internet users shall bear responsibility in accordance with the legislation of Turkmenistan: 1) send channels Internet information containing data, distribution of which is limited or prohibited by the legislation of Turkmenistan;
2) send channels Internet information containing State or other secrets protected by the legislation of Turkmenistan;
3) distribution channels the Internet materials containing insults or libel against the President of Turkmenistan, the calls for violent change of the constitutional order, propaganda for war, violence or cruelty, racial, ethnic or religious enmity or discord, pornography, libel and insult, incitement to commit criminal offences;
4) disseminate, use, publication on Internet channels relating to objects of intellectual property, without permission, established by the legislation of Turkmenistan;
5) deliberate Internet user sending to e-mail addresses two or more times per month, advertising to the addressee, not peredavavšemu a request for the information;
6) reception or transmission of information through the Internet to third parties, without going through the Internet service operator;
7) transfer of rights of use Internet services to third parties;
8) unlawful access to a protected computer information the legislation of Turkmenistan;
9) unauthorized entry into the internal, interdepartmental and other information systems, causing or may cause destruction, blocking or modification of information contained in these information systems, as well as blocking or failure of computer, communication, or other equipment;
10) create, use, and distribution of Web pages and Web sites, designed to obtain deception private and other information about the users of the Internet;
11) create, use, and distribution of malicious computer programs;
12) the content of the information transmitted through Internet channels, its credibility and legitimacy;
13) causing material and moral harm to individuals and legal entities, as well as for damage caused to the State;
14) use of non-certified means of cryptographic protection of the information.
 
Article 31. Liability of the operator of Internet services to 1. Internet service operators for their violation of the requirements of this Act shall bear responsibility in accordance with this law and other normative legal acts of Turkmenistan.
2. Internet service Operator is responsible in accordance with the legislation of Turkmenistan: 1) failure to comply with the secrecy of communications, contained in the information received, stored and sent them information Internet user;
2) violation of the terms or order documentation data;
3) use of non-certified means of cryptographic protection of the information.

3. In case of using operator services Internet communications for purposes prejudicial to the interests of the individual, society and the State, including for criminal purposes, authorized government authority in the field of communications has the right to suspend the operation of any technical equipment and telecommunication networks, regardless of their affiliation, and ownership.
4. Indemnity user Internet loss due to improper implementation of Internet service operator obligations under the Treaty on the provision of Internet services is made in accordance with the legislation of Turkmenistan.
 
CHAPTER VIII. Final clauses article 32. International cooperation of Turkmenistan in the sphere of regulating the Internet 1. International cooperation of Turkmenistan in the field of regulation of the Internet is carried out on the basis of respect for the universally recognized principles and norms of international law, international treaties to which Turkmenistan is a party, as well as established in international practice, standards and procedures.
2. The public authorities in the sphere of regulating development and use of the Internet within their terms of reference: 1) represent and defend the interests of the State in the field of development and utilization of the Internet;
2) interact with the authorized bodies of foreign States, intergovernmental and international organizations, as well as coordinate international cooperation in the field of development and use of the Internet, carried out by the State, its citizens and organizations;
3) ensure compliance with the obligations arising from international treaties of Turkmenistan in the area of development and use of the Internet.
3. the National Registrar of Turkmenistan adopts rules for registration of second level domain names in the national segment of the Internet, which allow you to cancel the registration of domain names that violate the laws of Turkmenistan or the public policy of other States or used by a domain administrator to perform activities forbidden the legislation of Turkmenistan.
4. Natural and legal persons of foreign States in the sphere of use of the Internet on the territory of Turkmenistan, shall enjoy the legal regime established for natural and legal persons of Turkmenistan, unless otherwise prescribed by the legislation of Turkmenistan and the international treaties to which Turkmenistan is a party.
5. the competent judicial bodies and law enforcement agencies of Turkmenistan on legal assistance on crimes in the field of computer information, interacted with the competent agencies of foreign States in accordance with international treaties to which Turkmenistan is a party or on the basis of the principle of reciprocity by the direction and execution of queries.
Costs relating to the performance of these queries are compensated in the manner provided by the relevant international treaties to which Turkmenistan is a party.
 
Article 33. Divergence (conflict) between the legislation of Turkmenistan and foreign legislation and international agreements 1. If a disputes related to the use of the Internet with the territory of Turkmenistan, conflicting legislation of Turkmenistan and foreign legislation is in effect, the rule of law.
2. If, in the settlement of disputes related to the use of the Internet with the territory of Turkmenistan, a conflict the Turkmenistan legislation in force and international treaties to which Turkmenistan is a party, there are norms of international treaties to which Turkmenistan is a party.
 
Article 34. The entry into force of this Act, this Act shall enter into force on the day of its official publication.
 
     Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat December 20, 2014 year no. 159-V.
 
 
 

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