Article 41-1. The procedure for suspending the operation of networks and (or) means of communication of the Law on Communications

Home / RLA / Article 41-1. The procedure for suspending the operation of networks and (or) means of communication of the Law on Communications

1. In cases of using networks and (or) means of communication for criminal purposes that harm the interests of individuals, society and the state, as well as for the dissemination of information that violates the legislation of the Republic of Kazakhstan on elections, containing calls for extremist and terrorist activities, mass riots, as well as participation in mass (public) events held by in violation of the established procedure, promoting the sexual exploitation of minors and child pornography, for the purpose of cyberbullying against a child, containing advertisements for electronic casinos, online casinos, as well as advertisements for gambling and (or) betting organized and conducted by a person who is not authorized to engage in gambling business in the Republic of Kazakhstan, as well as for the distribution of television and radio programs and (or) television and radio channels by a person who is not authorized to engage in activities in the field of mass media of the Republic of Kazakhstan, The Prosecutor General of the Republic of Kazakhstan or his deputies shall submit to the national security bodies of the Republic of Kazakhstan a submission on taking measures to temporarily suspend the operation of networks and (or) means of communication, provision of communication services, or submit to the authorized body in the field of mass media a submission on eliminating violations of legality with a requirement to take measures to temporarily suspend access to information facilities in the form of software and an Internet resource and (or) information posted on them, with the exception of the cases provided for in paragraph 1-2 of this Article.

1-1. In cases of dissemination of information over the telecommunications network that is prohibited or otherwise restricted by judicial acts or laws of the Republic of Kazakhstan that have entered into force, as well as access to which has been temporarily suspended by a submission submitted to the authorized body in the field of mass media by the Prosecutor General of the Republic of Kazakhstan or his deputies on the elimination of violations of legality, telecom operators and (or) owners and (or) legal representatives of online platforms, and (or) the state technical service, on the instructions of the authorized body in the field of mass media, is obliged to take immediate measures to restrict access to prohibited information.

The authorized body in the field of mass media approves the rules of interaction of state bodies on issues of compliance in telecommunications networks with the requirements of the legislation of the Republic of Kazakhstan.

1-2. In cases that are urgent and may lead to the commission of grave and especially grave crimes, as well as crimes prepared and committed by a criminal group, the Chairman of the National Security Committee of the Republic of Kazakhstan, his deputies or heads of territorial bodies of the National Security Committee of the Republic of Kazakhstan or persons replacing them, have the right to suspend the operation of networks and (or) media communications, provision of communication services, access to Internet resources and (or) information posted on them in the interests of all subjects of operational investigative activities, followed by notification to authorized bodies in the fields of communications, mass media and the Prosecutor General's Office of the Republic of Kazakhstan within twenty-four hours.

The procedure for suspending the operation of networks and (or) means of communication, provision of communication services, access to Internet resources and (or) information posted on them is determined by a joint regulatory legal act of the subjects of operational investigative activities and authorized bodies in the fields of communications, mass media in coordination with the Prosecutor General's Office of the Republic of Kazakhstan.

1-3. The operation of networks and (or) means of communication, the provision of communication services, access to Internet resources and (or) information posted on them for the purpose of accessing information prohibited by a court decision that has entered into force or the laws of the Republic of Kazakhstan are prohibited.

IZPI's note! It is envisaged to supplement Article 41-1 with paragraphs 1-4 and 1-5 in accordance with the Law of the Republic of Kazakhstan dated 07/18/2025 No. 215-VIII (effective from 01/01/2026).

1-4. In the cases specified in paragraph 2 of Article 89 of the Tax Code of the Republic of Kazakhstan, the authorized body in the field of mass media, based on a decision of the tax authority to restrict access to an Internet resource and (or) an Internet site for a foreign company operating through an Internet site in the territory of the Republic of Kazakhstan, within three working days from the date of Upon receipt of such a decision, issues an order to restrict access to a foreign company operating through an Internet site in the territory of the Republic of Kazakhstan., access to an online resource and/or an online marketplace.

Telecom operators and (or) the state technical service are required to take immediate measures to comply with the order.

1-5. The removal of restrictions on access to the Internet resource and (or) the Internet site is carried out on the grounds provided for by the Tax Code of the Republic of Kazakhstan, by decision of the head of the tax authority or his deputy.

The adoption by the authorized body in the field of mass media of measures to lift restrictions is carried out in accordance with the procedure provided for in paragraph 1-4 of this article.

1-6. In order to ensure a ban on the use of cellular subscriber devices in institutions of the penal enforcement (penitentiary) system, the authorized body of the penal enforcement (penitentiary) system, in accordance with the procedure established by the rules for registration of cellular subscriber devices, sends a mandatory request to suspend the operation of the cellular subscriber device to the operator of the central database of identification codes.

2. The national security authorities of the Republic of Kazakhstan and (or) the authorized body in the field of mass media, within an hour from the moment of receiving the submission specified in paragraph 1 of this article on the elimination of violations of the law, shall send an order to telecom operators, owners and (or) legal representatives of online platforms and (or) to the state technical service on taking measures to its implementation.

3. Telecom operators, owners and (or) legal representatives of online platforms and (or) the state technical service:

1) after receiving instructions from the authorized body in the field of mass media and (or) national security bodies of the Republic of Kazakhstan on taking measures to comply with the submission or decision specified in paragraphs 1, 1-1 and 1-2 of this Article, they must comply with it within no more than two hours by temporarily suspending the operation of networks and (or) means of communication, provision of communication services, access to Internet resources and (or) information posted on them, unless otherwise established by the laws of the Republic of Kazakhstan;

2) assist the national security agencies of the Republic of Kazakhstan and law enforcement agencies of the Republic of Kazakhstan in identifying a person who uses networks and (or) means of communication for criminal purposes that harm the interests of individuals, society and the state, as well as to disseminate information that violates the legislation of the Republic of Kazakhstan on elections, containing calls for extremist and terrorist activities, mass riots, as well as participation in mass (public) events held in violation of the established procedure.

3-1. Special state bodies of the Republic of Kazakhstan and law enforcement agencies of the Republic of Kazakhstan, within their competence, shall take operational-investigative, counterintelligence and criminal procedural measures to identify and bring to justice the person who disseminated the information specified in paragraphs 1, 1-1 and 1-2 of this Article.

The authorized body in the field of mass media shall send a notification to the person who disseminated the information specified in paragraph 1 of this article, demanding that measures be taken to remove it within six hours of receiving the notification.

4. If a person uses networks and (or) means of communication for criminal purposes that harm the interests of the individual, society and the state, as well as to disseminate information that violates the legislation of the Republic of Kazakhstan on elections, containing calls for extremist and terrorist activities, mass riots, as well as to participate in mass (public) If a child has been removed from activities conducted in violation of the established procedure for the purpose of cyberbullying, then it sends a notification about this to the authorized body in the field of mass media.

5. After receiving the notification specified in paragraph 4 of this Article and verifying its accuracy, the authorized body in the field of mass media shall instruct telecom operators and (or) owners and (or) legal representatives of online platforms and (or) the state technical service to cancel the order specified in paragraphs 1-1 and 2 of this Article., and the resumption of access to the Internet resource in accordance with the procedure determined by the authorized body in the field of mass media.

6. Telecom operators and (or) owners and (or) legal representatives of online platforms, and (or) the state technical service, after receiving the instructions specified in paragraph 5 of this article from the authorized body in the field of mass media, are obliged to carry it out immediately.

7. The authorized body in the field of mass media, the national security agencies of the Republic of Kazakhstan, law enforcement agencies of the Republic of Kazakhstan, telecom operators, owners and (or) legal representatives of online platforms and the state technical service bear responsibility established by law for failure to comply with the procedure defined in this Article for suspending the operation of communication networks and (or) means of communication, and as well as temporary suspension of access to Internet resources and/or information posted on them.

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

This Law establishes the legal basis for activities in the field of communications in the territory of the Republic of Kazakhstan, defines the powers of state bodies to regulate these activities, the rights and obligations of individuals and legal entities providing or using communications services.

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