About communication (statements of the Mejlis of Turkmenistan, 2010, no. 1, p. 17) (with amendments of Act No. 82 03.05.2014-V) this Act establishes the legal basis for activities in the field of telecommunication and postal communications in Turkmenistan, determines the competence of the organs of State administration to regulate these activities, as well as the rights and obligations of legal entities and natural persons involved in such activities or benefiting from the relationship.
Chapter i. General provisions article 1. Appointment links



 

1. in Turkmenistan, a link is an integral part of production and social infrastructure and is designed to provide users control functions, distribution, sharing and other functions through the services provided by telecommunications and the postal service.
2. Telecommunications is a complex of wire, radio, optical and other electromagnetic systems in accordance with their views or nature (telephone, Telegraph, radio, television, electronic, Internet, satellite and other forms of communication).
3. Telecommunications together with means of electronic-computing (computer) technology provides collection, processing, storage, accumulation and dissemination of information.
4. Postal Service provides a means for storing, processing, shipment and delivery (delivery) mail, money, including entitlements and special purpose provision of other additional services.


 



Article 2. The purpose of this Act, the objectives of this law are: 1) the creation of conditions for the provision of telecommunications services throughout the territory of Turkmenistan;
2) promotion of advanced technologies and industry standards;
3) protecting the interests of the users of communications services, and legal and natural persons carrying out activities in the field of communications;
4) creation of conditions for ensuring an effective and fair competition in the market of telecommunication services;
5) creating conditions for the development of communications infrastructure in Turkmenistan, and ensure its integration with international communication networks;
6) ensuring centralized management of radio frequency resource and a resource numbering in Turkmenistan;
7) creation of conditions to meet the requirements to meet the needs of public administration, defence, State security and the rule of law.
 
Article 3. The basic concepts used in this law for the purposes of this Act, the following basic concepts are used: 1) caller-user of telecommunication services with which the operator signed a contract for the provision of such services in the allocation for these purposes the subscriber number or unique identification code;
2) high-frequency devices-equipment or appliances designed to generate and use radiofrequency energy in the industrial, scientific, medical, domestic or other purposes;
3) communication line-transmission lines, the physical circuit and linear-cable communications facilities;
4) numbering-digital, literal, symbolic designation or a combination of such signs, including codes, designed to uniquely identify (identification) network connection and (or) its nodal or target elements;
5) terminal equipment (user equipment)-technical means for transferring and (or) signal reception on telecommunications lines connected to subscriber lines and in the use of subscribers or intended for such purposes;
6) operator is a legal or physical person, service provider of telecommunications or postal communications, in accordance with the relevant license;
7) user of telecommunication services-the person ordering and (or) using telecommunications services and (or) postal services;
8) radio-electronic devices-technical tools for the transmission and/or reception of radio waves that consist of one or more transmitting and/or receiving devices or combination of devices and include ancillary equipment;
9) numbering resource-or part numbering options that can be used in communication networks;
10) communications network technology system that includes tools and lines of communication for telecommunications and postal services;
11) radio frequency-frequency electromagnetic oscillations is to refer to a single component of the radio frequency spectrum;
12) radio spectrum-a set of radio frequencies within the established International Telecommunication Union limits which can be used for the operation of radio-electronic means or high-frequency devices;
13) construction of connection objects of engineering infrastructure, including buildings, structures, created or adapted to accommodate the communications and telecommunication cables;
14) communications hardware and software, used to formations, reception, processing, storage, transmission, telecommunication message delivery or mail, as well as other hardware and software used in the provision of telecommunications services or the operation of communications networks;
15) service connection-reception, processing, storage, transmission, delivery of mail or telecommunications;

16) telecommunications-any radiation, transmission, or reception of signs, signals, voice information, written text, images, sounds or messages of any kind on the radio system, wired, optical and other electromagnetic systems;
17) telecommunications network-a set of telecommunications, provide one or more types of transmission of telephone, cable, facsimile and other types of documentary communications, broadcast television and radio programmes;
18) Government communications-network and telecommunications to ensure the reception, processing and transmitting information to the needs of the Government of Turkmenistan;
19) Courier communications-type Government courier, providing reception, safety, transportation, and delivery of written correspondence by public authorities;
20) pouch-reception, processing, storage, transport and delivery of items directly from the sender and courier handing direct to the addressee;
21) interconnection-technological interaction between networks of different telecommunications operators providing telecommunication transmission and reception of information between users;
22) Internet services-services, the provision of which is done by transferring or receiving data on the Internet;
23) information security of telecommunications networks-telecommunication's ability to provide protection against destruction, modification, blocking her unauthorized information leakage or from violating the established order of routing it;
24) information-information about people, things, facts, events, phenomena and processes regardless of the form of their submission;
25) network-telecommunication network, which is designed for the transmission of radio and television programmes, as well as other telecommunication and multimedia services and can integrate with other telecommunication networks;
26) mailing-letters, postcards, parcels, packages, parcels, post containers, publications in appropriate packaging, secograms, aèrogrammy;
27) the special relationship is a type of pouch, carried out by the enterprises of postal communication and providing reception, processing, storage, protection, transportation and delivery (delivery) special and other mailings containing any secret protected by the law and values, including precious metals and articles made of them;
28) special departure-registered packages, parcels, hardware and attachment of State secrets and their holders, as well as the correspondence of the special importance of public authorities, products and their ingredients (substances);
29) translation is the process of transmitting information using electronic transmitters, cable networks and denominations of the radio frequency spectrum for the distribution of television and radio programmes.
 
Article 4. The scope of this law 1. This law shall apply to legal and natural persons residing in the territory of Turkmenistan and rendering services of telecommunication and postal communications or users.
Foreign legal and natural persons as well as persons without citizenship of this law shall apply under the same conditions and in the same order as on the legal and physical persons of Turkmenistan, except that the restrictions on the exercise of certain types of activity established by the legislation of Turkmenistan.
2. the activities of the Government, the courier communications, broadcasting, departmental communication, as well as other relationships in the field of communication not regulated by this law, are regulated by other laws and legal acts of Turkmenistan.
 


Article 5. The legislation of Turkmenistan on the relationship



 

1. the legislation of Turkmenistan on the relationship is based on the Constitution and consists of this law and other normative legal acts of Turkmenistan.
2. If an international treaty to which Turkmenistan stipulates other rules than those stipulated by this law, the rules of the international treaty shall apply.
 
CHAPTER II. The State management in the FIELD of COMMUNICATIONS, article 6. Public administrations in the field of communications 1. The State management in the field of communications in Turkmenistan is exercised by the Cabinet of Ministers of Turkmenistan and the Ministry of communication of Turkmenistan.
2. the Ministry of defence of Turkmenistan, Ministry of national security, the State border service of Turkmenistan, Ministry of Internal Affairs of Turkmenistan, within the limits of its competence, regulate the activity in the field of communication used in order to ensure the defence of national security, border security and the rule of law in the country.
 
Article 7. Competence of the Cabinet of Ministers of Turkmenistan in the field of communications to the competence of the Cabinet of Ministers of Turkmenistan in the field of communications are: 1) the definition of public policies in the field of communications, in accordance with the Constitution of Turkmenistan, the Turkmen laws and acts of the President of Turkmenistan;
2) establishment and maintenance of a unified system of State administration in the field of communications;
3) identification of the main directions of priority development in communication, approval of national development programmes;

4) ensuring the development of international cooperation in the field of communication, the delegation of authority on these issues to the Ministry of communication of Turkmenistan;
5) definition of State policy in the field of distribution and use of radio spectrum, as well as the use of geostationary communication satellites and orbital positions;
6) approval order preparation and use of telecommunication networks of common use, unified telecommunications network resources for the needs of State organs, organs of Defense, national security and law enforcement in Turkmenistan;
7) approval Table allocations between radio networks in the frequency range from 3 kHz to 400 Ghz for radio-electronic means all assignments;
8) definition of a list of attachments, which the forwarding mail outside Turkmenistan is prohibited;
9) realization of other powers in the field of communications.
 
Article 8. The competence of the Ministry of communication of Turkmenistan in the field of communications 1. Ministry of communication of Turkmenistan: 1) implements the State policy in the field of communication, including allocation and use of national resources in the field of communications;
2) implements State regulation and supervision in the field of communications;
3) organizes the development and implementation of guidelines for the development and improvement of the communications industry in Turkmenistan;
4) coordinates interdisciplinary activities in the field of communications;
5) develops national and sectoral programmes of communication development and organizes their implementation;
6) participates in the development of normative legal acts of Turkmenistan in the field of communications;
7) introduced in Cabinet of Ministers of Turkmenistan proposals on development communication resources;
8) plans to the efficient use of radio spectrum;
9) creates the conditions for the functioning of the market of telecommunication services;
10) manages the national resources in the field of communications;
11) develop and adopt, within their competence, departmental normative acts;
12) is responsible for licensing of activities in the field of communications in accordance with the legislation of Turkmenistan;
13) has access to objects in the context of legal and physical entities carrying out activities in the area of communication and using the radio frequency spectrum, in the manner prescribed by the legislation of Turkmenistan;
14) to suspend the activity of technical means and networks of telecommunication and postal communications, regardless of the form of ownership and departmental subordination, in the case of communications for purposes prejudicial to the interests of the individual, society and the State;
15) carries out State technical supervision and inspection in the field of communications;
16) sends instructions about elimination of infringements in the work of individual tools or networks at revealing of infringements of the rules for the operation of technological equipment of communication networks, health and safety, endanger the life and health of people surrounding the Wednesday and the normal functioning of life-support systems;
17) deals with the treatment of natural and legal persons on questions of regulation of relations in the field of communications in accordance with the legislation of Turkmenistan;
18) negotiates with the organs of national security of Turkmenistan normative legal acts establishing requirements for national security in the areas of communications, and together with them also coordinated the activities of telecom operators on issues of national security in the field of communications;
19) regulates relations with legal entities and individuals that provide communication services in the territory of Turkmenistan, coordinates their interaction determines the conditions for providing the basic services of telecommunication and postal communications;  
 20) organizes the production and distribution of stamps marked envelopes and postcards in the manner prescribed by the legislation of Turkmenistan;
 21) protects the rights and legitimate interests of the users of communications services, examines the relationship between the operators and the users of telecommunications services;
22) assists the authorities involved in investigative activities, in their relevant activities;
23) develops and manages numbering system numbering plan telecommunication networks;
24) organizes the implementation of scientific developments in the field of communications, training and retraining;
25) carries out international cooperation in the field of communications;
26) exercise other powers in the field of communications.
2. Normative legal acts of the Ministry of communication of Turkmenistan adopted within its competence are obligatory for execution by all legal and natural persons in the territory of Turkmenistan.
 
Article 9. Regulation of the use of radio frequency spectrum and the geostationary orbital positions of communications satellites
 

1. Regulation of the use of radio frequency spectrum and orbital positions of geostationary communication satellites in accordance with the interests of Turkmenistan and preserved them in international treaties is the prerogative of the State. Public resource management of radio frequency spectrum at national level, coordination in the field of the use of radio frequency spectrum and the geostationary orbital positions of communications satellites in the sphere of international cooperation carried out by the Interdepartmental Commission on radiofrequencies under the Cabinet of Ministers of Turkmenistan. National radio frequency allocation table approved by the Cabinet of Ministers of Turkmenistan.
2. The allocation of radio frequencies, special conditions of development, design, construction, acquisition, exploitation, import from foreign countries, trade or otherwise spread on the territory of Turkmenistan of radio-electronic means and high-frequency devices is established by the Cabinet of Ministers of Turkmenistan.
 


Article 10. Protection of the use of radio frequency spectrum



 

1. Technical means of telecommunications that are sources of electromagnetic radiation, including those used for broadcasting are subject to registration in accordance with the procedure established by the Cabinet of Ministers of Turkmenistan.
2. the use of frequency spectrum and its protection are carried out in accordance with the legislation of Turkmenistan.
 


Article 11. Numbering resource management



 

1. numbering Resource Management is the exclusive right of the State.
2. the Ministry of communication of Turkmenistan in agreement with the Cabinet of Ministers of Turkmenistan defines the order of distribution and use of numbering resources unified telecommunications network in Turkmenistan, including segments of the international networks of Turkmenistan, taking into account the recommendations of international organizations, Turkmenistan is a party, in accordance with the system and numbering plan.
3. the Ministry of communication of Turkmenistan has the right in cases established by this law, modify, withdraw wholly or partially numbering resource dedicated operator.
4. seizure of numbering resource previously selected operators, is carried out on the following grounds: 1) treatment operator, which highlighted relevant resource numbering;
2) termination of the license, issued by the operator;
3) use operator with violation of numbering resource system and numbering plan;
4) failure to use the operator selected resource numbering wholly or partly in a period of two years from the date of the allocation;
5) failure to pay fees for numbering resource allocation within ninety days from the date of the allocation;
6) failure operator requirements established by this law and other normative legal acts of Turkmenistan in the field of communications.
5. The decision of the Ministry of communication of Turkmenistan numbering resource seizure decision telecommunication operator is notified in writing thirty calendar days before the deadline for the justification of the reasons for that decision.
6. Operator has the right to transfer selected him numbering resource or part of it to another operator only with the consent of the Ministry of communication of Turkmenistan.
 


CHAPTER III. A FRAMEWORK FOR ACTION IN THE FIELD OF



CONNECTION



 

Article 12. Network connection 1. Communications network form public bodies, legal entities and natural persons carrying out and providing the telecommunications and postal services on the territory of Turkmenistan.
2. Logistical backbone communications networks form the unified network of telecommunication and postal communications network in Turkmenistan Turkmenistan.
 
Article 13. Unified network telecommunication Turkmenistan 1. Unified network telecommunications in Turkmenistan consists of located on the territory of Turkmenistan of telecommunications networks in the following categories: 1) public telecommunication network;
2) departmental communication network attached to public telecommunication networks;
3) technological communication network attached to public telecommunication networks;
4) dedicated communications network;
5) special-purpose communication network and other communication networks for the transmission of information by means of electromagnetic systems.
2. To public telecommunication networks include a telecommunications network designed to provide telecommunications services to legal and physical persons on the territory of Turkmenistan on the basis of common principles, in the order of service provision and payment. Rules for the provision of telecommunications services by the public telecommunication networks shall be established by the Ministry of communication of Turkmenistan.
3. departmental networks are telecommunications network administered by legal and physical persons and used them to make their production and special needs.
Departmental communication network can also be used to provide telecommunications services to other users based on the respective license.

4. technological networks are telecommunications network designed to provide enterprises, control of technological processes in production. Technology and communication means used to create technological communications networks as well as building owners are installed or other owners of these networks. Depending on the availability of resources, the technological communications network part of this network can be connected to a public network in the category of public telecommunication networks for compensatory provision of telecommunications services to any user based on the respective license.
5. To selected networks include telecommunication networks of legal and physical persons, designed, created or used for commercial purposes, to provide services to a specific group of users. Dedicated networks are designed, created and used in coordination with the Ministry of communication of Turkmenistan, and providing services for them is carried out only if the license of the Ministry of communication of Turkmenistan.  
6. special purpose networks, including digital threads include the network for carrying out of operatively-search actions and designed for the needs of public administration, national defense, national security and law enforcement. These networks may not be used for compensatory provision of telecommunications services, unless otherwise provided by the legislation of Turkmenistan. The cost of ensuring respect for the needs of public administration, national defense, national security and law enforcement provided for in the State budget of Turkmenistan. Preparation and utilization of resources of Turkmenistan's telecommunications network for the operation of communications networks for special purposes shall be made in accordance with the procedure established by the Cabinet of Ministers of Turkmenistan.
7. all categories of operators of networks unified telecommunications network of Turkmenistan to create their communications networks management system, complying with the established order of interaction of all categories of communications networks and the relevant regulations of the International Telecommunication Union.
 


Article 14. Postal network of postal Network is a group of postal service and postal routes postal operators providing reception, storage, treatment, transportation (transfer), delivery (delivery) mail, money, including other payments, shipping destination and distribution of periodicals on a contractual basis and the provision of other services.
 


Article 15. Interconnections 1. Inter-network connections are for sending and receiving information between users of different telecommunication networks.
2. Operators subject to the availability of technical capabilities required to provide access to their networks of other operators on a contract or other basis provided for by the legislation of Turkmenistan.
3. Operators subject to the availability of technical capacities must provide interconnection according to technical specifications acceding operator telecommunications networks to be taken in accordance with the rules and regulations, approved by the Ministry of communication of Turkmenistan. In the absence of technical capacity and resources to ensure adherence to the firewall technical conditions is carried out at the expense of joining an operator. Interconnection shall be based on contracts between operators of the respective telecommunications networks. The procedure and conditions for the accession of telecommunication networks, providing mutual services operators and mutual settlements between them are approved by the Ministry of communication of Turkmenistan.
 


Article 16. Ownership of tools and communication networks

 
1. in Turkmenistan, technical means and networks of telecommunication and postal communications are owned by the State, and may also be the property of legal and physical persons.
2. Exclusively to State ownership are governmental, postal and courier communications, technology and telecommunications network used for Defense, national security, protection of the State border of Turkmenistan and the rule of law, as well as technical means of national television and radio broadcasting, Enterprise, to ensure their activity and development.
3. change of ownership forms, technical resources and networks of telecommunications and postal services, as well as enterprises, ensure their activity and development, is made in the manner prescribed by the legislation of Turkmenistan.
 


Article 17. Development and reconstruction of networks and communications



 

1. the development and reconstruction of networks and communications carried out by their owners at the expense of its own funds, funds from interested legal and physical persons and other sources not prohibited by Turkmen law.

2. the development and reconstruction of telecommunications networks and facilities designed to meet public policy objectives, are carried out on the basis of national development programmes, approved by the Cabinet of Ministers of Turkmenistan and funded in the manner prescribed by the legislation of Turkmenistan. Legal and natural persons involved in the implementation of development projects and reconstruction of telecommunications networks and facilities may be granted exemptions in the manner prescribed by the legislation of Turkmenistan.
3. Design and development of cities, towns and other settlements, residential neighborhoods and complexes of local executive bodies and local governments should include, in accordance with the regulations in the development of project-estimate documentation for construction of buildings for the accommodation of technical communication at the expense of the customer either allocate special premises.
4. When designing new facilities and revamping of existing building housing civil purpose local executive bodies and local self-government bodies, ministries and departments, enterprises, institutions and organizations are required to provide under the agreement with the enterprises of the Ministry of communication of Turkmenistan the construction of special buildings or set aside separate premises for accommodation of means of communication.
5. Legal and natural persons may exercise in the prescribed manner the construction of buildings and structures of telecommunications on granted land for these purposes, and to establish and maintain a means of communication in accordance with the timing of performed works, agreed with owners (owners and renters) land, buildings and structures.
6. transfer or reorganization of telecommunications, caused by new construction, expansion, reconstruction of settlements and individual buildings, roads, bridges and other facilities, development of new lands, reconstruction of systems of land reclamation, mining, construction customer is made at their own expense in accordance with the specifications of the communication operators, agreed with the Ministry of communication of Turkmenistan. Transfer internal network and telecommunication facilities are designed and constructed orderers.
 
Article 18. Protection of networks and communication structures 1. Network and communications facilities are protected by the State.
2. Operators and developers in the construction and reconstruction of buildings, structures and networks should include measures of protection means and facilities from unauthorized access.
3. Operators in conjunction with law enforcement authorities to protect means and facilities from unauthorized access.
4. Telecom operators are required to implement in accordance with the present law, the technical and organizational means of protecting communications networks, telecommunications, information about the Organization of communication networks with restricted access and information provided by these networks.
5. legal entities and physical persons responsible for telecommunications damage, unauthorised connection to him, bear responsibility in the manner prescribed by the legislation of Turkmenistan.
 
Article 19. Land use when carrying out works on development of communication 1. Due to land include land passed to operators in the order established by the legislation of Turkmenistan.
2. The dimensions of the land passed to operators shall be determined in accordance with the project design document and the rules of land allocation for this activity.
3. Operators shall have the right, in the manner prescribed by the legislation of Turkmenistan, to produce the transferred land for these purposes the gasket of networks of telecommunications, construction of buildings, install and maintain communications after agreeing terms and conditions produced works with local executive authorities and bodies of local self-government, the owners or users of these plots.
4. The owners of the land, shall have the right to refuse operators in the production of the above mentioned works only on the grounds provided by the normative legal acts of Turkmenistan. In case of a dispute, the matter could be resolved in the courts.
5. Upon completion of the work on the land, building or construction of telecom operator or the customer are obliged at its own expense cause land, building or structure in original condition or reimburse the owner, lessee or zemlepol′zovatelû caused by losses.
6. operator termination of rights to land plot shall be effected on the grounds and in the manner established by the land legislation of Turkmenistan.
 
Article 20. Exclusion zone of telecommunications networks and facilities
 

Protective zone of telecommunications networks and facilities forms the plot sizes installed on it with the vegetation and buildings located on or along the perimeter of networks of telecommunication. The dimensions of the buffer zones, designation, the procedure works they set the rules of protection of communication lines, approved by the Cabinet of Ministers of Turkmenistan. In the buffer zone without the consent of the owners of telecommunications networks and facilities are prohibited from changing the designation of land, buildings or other structures, storage of equipment or materials, manufacture of excavation, drilling, blasting and other operations.
 
Article 21. Elimination of consequences of accidents on telecommunications networks 1. Work to eliminate the consequences of accidents on telecommunications networks include the rehabilitation and reconstruction of damaged telecommunication technical equipment, as well as conducting field if necessary incidents of the relevant environmental protection measures.
2. Local executive bodies and local governments are obliged to assist operators to conduct works on liquidation of consequences of accidents on telecommunications networks, providing if necessary manpower, transport and other means with the subsequent reimbursement of them operators produced cost. In some cases, by the decision of Cabinet of Ministers of Turkmenistan reimbursement can be made at the expense of other sources of funding.
  3. realization of works on liquidation of consequences of accidents on telecommunications networks does not require the consent of the owner, user or lessee of the land, building or structure where the technical means of telecommunication.
4. damages caused by owner, zemlepol′zovatelû or lessee upon the liquidation of the consequences of accidents on telecommunications networks shall be compensated at the expense of the operator. Operators, vozmestivšie damages, shall have the right to make recourse to the person who has caused harm.
 
Article 22. Use of vehicles 1. The courier service and special communication shall be entitled on a contractual basis with transport organizations carry mail and special departure for all routes and lines of railway, inland waterway, sea, air and road transport, accompanied by employees of the postal service, courier services and ad hoc connection.
2. Transport companies engaged in regular service on international and intercity routes, does not have the right to refuse to conclude contracts for the transportation of mail and special items, except for the cases stipulated by the legislation of Turkmenistan.
3. employees of the courier service and special connection when performing their duties, have the right: 1) extraordinary purchase tickets;
2) travel on road vehicles and special courier services due to the places of parking rail, inland waterway, sea, air and road transport;
3) other rights stipulated by the legislation of Turkmenistan.
Transportation companies are obliged to provide conditions for the realization of the courier services staff and special rights in the discharge of their duties.
4. Motor vehicles, the courier service of special communication and State Inspectorate for supervision of spectrum are categorized as "special" without causing them any distinguishing labels and may not be used in the interest of the public authorities without the consent of these services except in cases of martial law or a State of emergency, or upon the occurrence of natural and man-caused emergencies.
5. Vehicles belonging to operators can have distinctive lettering, special symbols, and belong to the category of "special" in accordance with the legislation of Turkmenistan.
6. When providing services and carrying out works related to activities in the field of communications, telecom operators have the right to unimpeded travel and exercise of standing and parking in the locations of objects and means of communication, regardless of the affiliation of the objects and means of communication, as well as to travel to places of parking rail, inland waterway, sea, air and road transport on vehicles belonging to those operators and with distinctive lettering and special symbols.
7. Without the consent of the operators of communication vehicles owned by them, with distinctive lettering and special symbols cannot be used for the provision of services and execution of works, not related to activities in the field of communications.
8. in the event of emergency situations at the damaged networks and telecommunications operators shall have the right, as a matter of priority to rent vehicles for transport enterprises.
 


Article 23. Secret connection 1. On the territory of Turkmenistan is guaranteed privacy of correspondence, telephone conversations, mail, Telegraph and other communications transmitted over the telecommunications networks and postal networks. Operators are required to ensure compliance with the secrecy of communication.

2. The restriction of the right to privacy of correspondence, telephone conversations, mail, Telegraph and other messages sent over networks of telecommunication and postal communications, is allowed only in cases stipulated by the legislation of Turkmenistan.
3. Examination of postal items by non-authorized employees of the operator, opening mail attachment inspection, information and documentary of correspondence transmitted over networks of telecommunication and postal communications, implemented a substantiated ruling by one of the leaders of the authority conducting investigative activities, and only with the approval of a procurator or a court decision.
4. Information about messages sent over networks of telecommunication and postal communications, the mail and postal remittances, as well as those communications, postage and transferred funds may only be issued to the senders and recipients or their authorized representatives, if otherwise not stipulated by the legislation of Turkmenistan.
 
Article 24. Financial-reporting time in communications in the territory of Turkmenistan in the field of communication when sending or receiving messages and applies a single financial-reporting time-local.
 


CHAPTER IV. RATES AND CALCULATIONS FOR COMMUNICATIONS SERVICES



 



Article 25. Principles of formation tariffs



 

1. prices are formed on the market of telecommunication and postal communications of Turkmenistan on the principles of: 1) calculation of tariffs based on the cost of these services taking into account profit;
2) pay-as-you-go for actual time of telecommunication services received by the user.
2. Tariffs for communication services shall be established in accordance with the legislation of Turkmenistan.
3. Call emergency services (fire, police, ambulance, emergency gas service and other) legal and natural persons is free of charge.
 
Article 26. The order of calculation for communication services payment for communication services shall be made in the manner and under the conditions of the Treaty of rendering connection service between operator and user of telecommunications services.


 



Article 27. Numbering resource acquisition fee



 

1. For obtaining a resource numbering operator charged a fee in the amount and pursuant to the procedure determined by the Cabinet of Ministers of Turkmenistan.
2. In the case of renumbering reentrancy numbering resource acquisition fee is not charged.
3. In case of full or partial seizure of numbering resource dedicated operator, paid them a fee is not refundable, and compensation for the operator is paid.
 
Article 28. Benefits and advantages when using the communication services 1. For certain categories of officials of bodies of State authority and administration, diplomatic and consular representations of foreign States, international organizations as well as individual groups of citizens may establish incentives for the provision, use and pay for communication services.
2. a list of officials and individual groups of citizens, as well as the benefits provided by these persons are determined by the legislation of Turkmenistan, as well as international treaties to which Turkmenistan is a party.
3. in granting benefits to pay for communication services, reimbursement of lost income Enterprise connection is determined by the Cabinet of Ministers of Turkmenistan.
4. Sending mail that arrives in the post offices of soldiers performing military service conscripts and their address is carried out within the limits of Turkmenistan at the expense of the ministries and departments, in which in accordance with the legislation of Turkmenistan provides for military service.
 
 
Chapter v: LICENSING activities in the field of communications and the CERTIFICATION of TELECOMUNICATION MEANS and Article 29. Licensing of activities in the field of communications



 



Licensing of activities in the field of communication is carried out by the Ministry of communication of Turkmenistan in accordance with the legislation of Turkmenistan. Competition license for certain activities in the field of communication is seen only in the presence of an authority conducting investigative activities, on the conformity of the supplied, acquired, and used equipment with the applicant in Turkmenistan, protocols, standards and communication standards.

 
Article 30. Certification of communication facilities all technical communications, including terminal equipment, used in telecommunications networks in Turkmenistan shall be subject to certification on conformity to state standards, technical conditions and other rules in accordance with the legislation of Turkmenistan.
 


CHAPTER VI. POSTAL SERVICES

 
Article 31. Postal operators to provide postal services 1. Postal operators to provide postal services in Turkmenistan is carried out in accordance with this law, other laws and legal acts of Turkmenistan, postal regulations, approved by the Ministry of communication of Turkmenistan.
2. Public enterprises of postal communication of Turkmenistan has the exclusive right to publish public philatelic, postal code assignment of postal objects on the territory of Turkmenistan, provision of reception, processing, storage, transportation and delivery (presentation) of mail.

3. Services of State-owned enterprises of postal forwarding, delivery and dissemination of the periodical press, the delivery of payments to the special purpose, the money remittance/transfer services, as well as other additional services which normative legal acts of Turkmenistan, shall be carried out on a contractual basis.
4. Services for reception, processing, storage, transport and delivery (presentation) of mail can be legal entities on the basis of licenses.
 


Article 32. The carriage of postal items 1. State-owned enterprises have the right to carry postal service postage on all routes and lines of railway, sea, River, air and road transport, accompanied by postal workers or pass them under the responsibility of the transport industry.
2. Transport Company may not refuse a contract for the carriage of mail on a regular domestic and international routes, adherence to its vehicles.  
 


Article 33. Delivery of postal items



 



1. Mail, as well as subscription periodicals are delivered (are awarded) personally to the recipient specified by the sender, or an authorized person to them either through Subscriber's mailbox.

2. Mail recipients in hospitals, sanatoriums, rest homes, detention centres, can be delivered (given) the administration of these institutions to their location.
3. Shipment and delivery of mail and telegrams to the recipients who are by the nature of their work outside the settlements and in hard-to-reach places, shall be carried out in accordance with postal regulations, approved by the Ministry of communication of Turkmenistan.
4. payments are delivered to the destination (are handed over) to the addressee personally or authorized person to them-on a notarized power of attorney.
5. Owners of multi-family houses to the ground floors of each stairwell to equip blocks of mailboxes. The owners of the individual houses are required to equip their stations at the entrance to the subscribers ' mailboxes with the ability to access them from the sidewalk or roadside.
6. Postage, as well as subscription periodicals can be delivered to clients in the areas of individual buildings, as well as the locations of Horticultures in specially equipped for these purposes the Group subscriber cabinets in accordance with postal regulations, approved by the Ministry of communication of Turkmenistan.
7. The order of delivery of mail, periodicals for legal entities, as well as mail addressed "Poste restante" set postal regulations.
 


Article 34. Safety of postal items

 
1. Postal Operators have a responsibility to ensure the safety of the mail and taken money.
2. the premises of mail processing and storage of cash, as well as vehicles on which they are transported, shall be equipped in such a way as to exclude the possibility of access by unauthorized persons.
3. To ensure the safety of postal items postal operators, workers have the right to be present during loading and unloading of mail in places of parking rail, inland waterway, sea, air and road transport.
 


Article 35. Customs clearance of postal items

 
1. International mail when you move through the customs border of Turkmenistan are facing postal operators for the control of the Customs authorities. Postal operators are required to bring to the attention of users of postal services, forwarding attachments list which in cross-border mail is prohibited.
2. inspection, search and seizure, seizure of international mail Nonmailable attachments in them are carried out by the Customs authorities of Turkmenistan in the manner prescribed by the legislation of Turkmenistan.
 
Article 36. Mail insurance Legal and physical person-the sender is entitled to insure the mailing, declaring its value. The size of the declared value is determined by the sender and must match the actual value of the mail attachments.
 
CHAPTER VII. BROADCASTING TELECOMMUNICATIONS SERVICES Article 37. Procedure for the provision of telecommunications services and for broadcasting television and radio 1. Telecommunication services for broadcasting and rebroadcasting of television broadcasting and radio broadcasting are provided in accordance with this law and other normative legal acts of Turkmenistan.
2. Terms of service for telecommunications services for broadcasting and rebroadcasting of television broadcasting and radio broadcasting telecommunications service users, booking services, is the conclusion of the Treaty between themselves and the operator.
3. broadcasting Telecommunications Services to users who have installed the legislation of Turkmenistan, pay benefits are granted to operators in accordance with the legislation of Turkmenistan.
 


Article 38. Principles for the provision of Internet services

 

Principles for Internet-based services are built in accordance with this law and other normative legal acts of Turkmenistan on the basis of the priority of the universally recognized norms and principles of international law, compliance with international agreements and other acts of international law ratified by Turkmenistan, and also taking into account the need to ensure the security and protection of the legitimate interests of Turkmenistan, rights of natural and legal persons in the provision of Internet services.
 
Article 39. State television and radio technical means of audio-video equipment, transportation and Public tv channels and radio channels are provided with technical means of audio-video equipment, vehicles and facilities to prepare and broadcast programs of television broadcasting and radio enterprises of the Ministry of communication of Turkmenistan on a contractual basis.
 
Article 40. Provision of telecommunications services emergency 1. The Cabinet of Ministers of Turkmenistan during natural disasters, epidemics, epizootics and other emergencies manages communications and has the right to priority use any technical means and networks of telecommunication and postal communications, regardless of the form of ownership and affiliation, as well as the suspension of their activities.
2. Operators in an emergency situation should provide absolute priority to all messages relating to the safety of people at sea, land, air, outer space, urgent actions in the areas of defence, security and law enforcement, as well as reports of major accidents, catastrophes, epidemics and other emergencies.
 
CHAPTER VIII. USERS of TELECOMMUNICATIONS SERVICES, Article 41. Rights of the users of telecommunications services Users of telecommunications services at the time of the order and (or) use of telecommunication services have the right to: 1) State protection of their rights;
2) free access to telecommunications;
3) security services telecommunications services;
4) telecommunication operator selection;
5) selection of the type and quantity of telecommunications services;
6) from receipt of telecommunications operator of exhaustive information about the content, quality and manner of providing telecommunications services;
7) timely and high-quality telecommunications services;
8) receipt of reports of telecommunications operators provided telecommunications services;
9) telecommunications operator limit user access to certain types of services on the basis of a written application;
10 telecommunications operator) return of balances in the case of non-paid upfront telecommunication services;
11) waiver of telecommunications services in the manner prescribed by the Treaty of providing telecommunications services;
12) receive information about the possibility of and procedure for the cancellation of the pre-ordered services telecommunications services;
13) to receive a printout of received services from telecommunications operators, telecommunications;
14) appeal against illegal actions of telecommunications operators to higher authorities or the Court;
15) other rights stipulated by the legislation of Turkmenistan and certain treaty provision of telecommunications services.
 
Article 42. Obligations of users of telecommunications services Users of telecommunications services must: abide by the rules of use of telecommunications services; use terminal equipment having the document of conformity to the established requirements; to prevent the use of terminal equipment to perpetrate an offence prejudicial to the interests of national security, defence and law and order; avoid actions that could endanger the safe operation of telecommunication networks, integrity and interoperability of telecommunications networks, information security networks of telecommunications, electromagnetic compatibility of radio facilities, as well as able to complicate or hinder the provision of services to other users, to prevent the use of terminal equipment and subscriber lines of communication by third parties for the purpose of obtaining benefits.

 


Article 43. Protection of information about the users of telecommunications services



 

1. the operator shall ensure and be responsible for maintaining the confidentiality of information about the users of telecommunication services received at the conclusion of the contract on telecommunication services provided, including their duration, content, links.
2. Telephone Directories, including electronic versions and database information services may contain information about the surname, name, middle name, name, addresses and telephone numbers of the Subscriber if in the contract of providing services there are no telecommunications services telecommunications user ban on publication of such information.

3. In the process of automated processing of information about subscribers provides operator protection in accordance with this law. Telecommunications services the user has the right to receive, free of charge, information about myself completely or partially with electronic versions of databases, information and referral services.
4. information about the users of telecommunications services and telecommunications services of third parties may be granted in the cases and in the order stipulated by the legislation of Turkmenistan.
 
Article 44. Protection of interests of the telecommunications services user in case of termination of activity of a telecom operator, providing telecommunications services 1. Telecom operator, which terminates the services of telecommunications, is obliged to notify the user of telecommunications services not later than one month before the termination of the provision of telecommunications services.
2. In case of cancellation or invalidation of the registration plate and/or radio frequency resource due to violation of the operator the Turkmenistan legislation in force, such operator shall compensate the subscriber losses associated with the termination of the provision of telecommunications services, in accordance with the legislation of Turkmenistan.
 
CHAPTER IX. TELECOMMUNICATIONS OPERATORS Article 45. The legal bases for the activities of the operators of telecommunications services 1. Telecommunications operators conduct their activity in accordance with this law and other normative legal acts of Turkmenistan.
2. Legal basis of the activities of the telecommunications operators are: 1) the equality of operators on the telecommunications market of Turkmenistan;
2) priority interests of the users of telecommunications services;
3) telecommunications operators functioning in conditions of fair competition;
4) preventing discrimination by telecommunications operators which occupy monopoly (dominant) position in relation to other legal and physical persons of the telecommunications market.
 


Article 46. Telecommunications operators rights



 

Telecommunications operators have the right to: 1) the implementation of activities in the field of communications, in accordance with this law and other normative legal acts of Turkmenistan;
2) receipt number resource;
3) planning and developing their own networks;
4) establishment of tariffs in accordance with the legislation of Turkmenistan;
5) assigning phone numbers to users of telecommunications services in the networks of selected telecommunications operator number resource;
6) connecting telecommunications networks under its ownership or enjoyment of telecommunications with other telecommunications operators in accordance with the present law;
7) reduction or suspension of the provision of services list telecommunications telecommunications service users who violated rules for the use of telecommunications services;
8) turning off the user's terminal equipment telecommunication services, if it is not issued in document order established by the legislation of Turkmenistan on attestation of conformance to requirements of normative documents in the field of communications;
9) cessation of activities in the field of communications in the manner prescribed by the legislation of Turkmenistan;
10) other rights stipulated by the legislation of Turkmenistan and the treaties on the provision of telecommunication services.
 
Article 47. Duties of telecommunications operators, telecommunications Operators are obliged to: 1) to carry out activities in the field of communications if there are licenses;
2) provide free access to users to the public telecommunications networks to call the fire brigade, police, ambulance, emergency gas service and other services provided by the legislation of Turkmenistan;
3) provide telecommunications services according to the indices of quality and tariffs;
4) provide telecommunications services to users comprehensive information necessary to conclude the contract, as well as the telecommunications services they provide;
5) maintain telecommunication services provided by telecommunications services to the user;
6) maintain records of services provided telecommunication before expiry of their storage, established by the legislation of Turkmenistan, and provide information about them in the manner prescribed by the legislation of Turkmenistan;
7) ensure that telecommunication networks to work in emergency situations;
8) and maintain documentation on telecommunication networks and their interconnection with other telecommunication networks;
9) promulgate telecommunications tariffs that are set by the operator of telecommunications, no later than seven calendar days prior to their introduction;
10) to provide a dedicated number resource names;

11) warn users of telecommunications services on the possible reduction of the list of telecommunications services or disabling their terminal equipment in cases and in the order stipulated by the legislation of Turkmenistan;
12) take measures to prevent unauthorized access to telecommunications networks and information, which is passed to these networks;
13) to suspend the work of the network connection or limit the authority of the user of the information system, in breach of the rules, to remove threats (malicious code, viruses, abuse) that may affect information security;
14) to assist in work against cybercrime carried out using information technology (technology), Internet network;
15) provide the installation and operation of equipment used for carrying out of operatively-search actions, telecommunication networks bodies engaged in operational-investigative activities in accordance with the legislation of Turkmenistan. Selection of composition and quantity of technical facilities and equipment used for carrying out of operatively-search actions, for installation on telecommunications networks, for bodies engaged in operational-investigative activities;
16) perform other duties as established by the legislation of Turkmenistan.
 
Article 48. Responsibilities of the telecommunication operators at carrying out of operatively-search actions and the implementation of investigative actions 1. Telecommunications operators are obliged to provide authorities involved in investigative activities, information about the users of services of telecommunication and telecommunication services provided to them, as well as other information necessary to carry out these tasks, authorities in cases stipulated by the legislation of Turkmenistan.
2. telecommunication Operators are obliged to implement the requirements laid down by the Ministry of communication of Turkmenistan in agreement with the bodies carrying out investigative activities, to telecommunication networks and communication for the carrying out of operatively-search actions. In the case of use of telecommunications networks or communication for criminal purposes prejudicial to the interests of the individual, society and the State, the functioning of such telecommunications networks or communication shall be suspended.
3. The suspension of telecommunication services telecommunication services to users of telecommunications operators is carried out by a reasoned decision of the body conducting investigative activities, or a court decision in accordance with the legislation of Turkmenistan.
4. Telecommunications Operators are obliged to resume the provision of telecommunications services by a reasoned decision of the body conducting investigative activities, or a court decision.
5. use of information sources on the territory of Turkmenistan, advocating terrorism, war, calling for incitement of religious, ethnic and social hatred, disseminating information harmful to national and moral values, content harmful to the lives and health of children (graphics, photos, videos, articles, newspapers, tv programmes with harmful content) using the capabilities of networks is prohibited by a reasoned decision of the heads of the authority conducting investigative activities, or a court decision.
6. in case of violation of the established rules during the use of the information which is a State secret contained in computer systems, this work is suspended by a reasoned decision of the head of the body conducting investigative activities, or a court decision.
7. How telecommunication operators with authorities carrying out investigative activities determined by this law and other normative legal acts of Turkmenistan.
8. in the conduct of public authorities of the investigative activities of telecommunications operators are obliged to provide assistance to those bodies in accordance with the legislation of Turkmenistan.
 


Article 49. The staff of telecommunications operators

 
1. telecommunication operator Staff are all employees who are in an employment relationship with him.
2. the staff of the telecommunications operator is responsible for any violations of the requirements of the legislation of Turkmenistan regarding the secrecy of telephone conversations, telegraph or other correspondence, which is passed to the means of communication, as well as restricted access information on the Organization and functioning of telecommunications networks in the interests of national security, defense and law enforcement.
 


CHAPTER X. LIABILITY IN THE FIELD OF COMMUNICATIONS

 


Article 50. The responsibility of telecom operators



 

1. Operators and their officials for violations of the requirements of the present Law shall bear responsibility in accordance with the legislation of Turkmenistan.

2. Operator is not liable for non-fulfilment or improper fulfilment of commitments relating to the transfer or reception of messages or by sending or delivering of post sendings, if such non-fulfillment or improper fulfillment of obligations occurred due to the fault of the user of telecommunications services or as a result of force majeure (earthquake, flood, hurricane, etc.).
3. In case of violation by the user of telecommunication services agreement terms and conditions, the rules for the operation of equipment, the use of non-certified telecommunications network equipment, as well as with the untimely payment of telecommunication services operator has the right to suspend the user's access to the communications network to address the deficiencies, except for the cases stipulated by the legislation of Turkmenistan, with compensation to the user of telecommunications services operator and damage loss caused operator due to damage or downtime.
4. the operator shall not be liable to the user of telecommunication services for non-fulfillment or improper fulfillment of obligations for the provision of telecommunications services as a result of force majeure (earthquake, flood, hurricane, etc.), as well as theft or wrongful damage by a third party lines and terminal facilities that are used by operators or by the fault of the user communication services in cases stipulated by the legislation of Turkmenistan.
5. Operators are not responsible for the content of information transmitted on their networks.
6. compensation for operator telecommunication services to the user for damages due to improper implementation of operator obligations under the Treaty of rendering connection service is carried out in accordance with the legislation of Turkmenistan.
 
Article 51. Responsibility of the users of communications services 1. Users of communication services for their violation of the requirements of this Act shall bear responsibility in accordance with the legislation of Turkmenistan.
2. In the event of damage to the telecommunications network on user communication services, reimbursement of telecommunications operator for damages, as well as other damages (including lost profit), caused by him as a result of this damage, are recoverable by the user.
 


Article 52. Claims procedure 1. Users of communications services has the right to bring telecom operators, as well as legal and physical persons providing communication services and claims, including the requirement of reparation, in the manner prescribed by the legislation of Turkmenistan.
2. Disputes arising between operators and users of communication services, shall be settled in the manner prescribed by the legislation of Turkmenistan.
 
CHAP. XI. INTERNATIONAL COOPERATION of TURKMENISTAN in the field of communications, article 53. International cooperation of Turkmenistan in the field of communications international cooperation of Turkmenistan in the field of communication is carried out on the basis of respect for the universally recognized principles and norms of international law and international treaties to which Turkmenistan is a party.
 
Article 54. Regulation of activities in the field of international communications 1. Relations associated with activities in the field of international communications in the territory of Turkmenistan shall be governed by the international treaties of Turkmenistan in the field of communication, this law and other normative legal acts of Turkmenistan.
2. Payment between the operators of the international postal service and telecommunications are established on the basis of international operating agreements and taking into account the recommendations of international organizations post communications and telecommunications, Turkmenistan is a party.
3. For the provision of telecommunications services within global information and telecommunication networks in the territory of Turkmenistan is compulsory: 1) establishing national segments of the world's communication networks that interact with a single network connection, Turkmenistan;
2) establishment of national telecom operators that meet the requirements of this Act for them;
3), ensuring the economic, social, defence, environmental, information and other forms of security.
 
CHAPTER XII. FINAL PROVISIONS Article 55. The entry into force of this law 1. This law shall enter into force on the day of its official publication.
2. Normative-legal acts of Turkmenistan contrary to this Act, shall be harmonized with it within three months from the date of its entry into force.
3. Abrogating the law of Turkmenistan on December 20, 1996 year "on communications" (records of the Mejlis of Turkmenistan, 1996, no. 4, p. 64).
 
     Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat, March 12, 2010 year.
No. 93-IV.