On approval of the rules for the provision of telematic communication services. Reference legal systems "consultant plus" Pp rf on telematic communication services 575

"subscriber" - a user of telematic communications services with whom a paid agreement has been concluded for the provision of telematic communications services with the allocation of a unique identification code (hereinafter referred to as the agreement);

"subscriber line" - a communication line connecting the user (terminal) equipment with a communication node of a data transmission network;

"subscriber interface" - technical and technological parameters of physical circuits connecting the means of communication of a telecom operator with user (terminal) equipment, as well as a formalized set of rules for their interaction;

"subscriber terminal" - a set of technical and software tools used by the subscriber and (or) user when using telematic communication services for the transmission, reception and display of electronic messages and (or) the formation, storage and processing of information contained in the information system;

"malicious software"- software that purposefully leads to a violation of the legal rights of the subscriber and (or) user, including the collection, processing or transmission of information from the subscriber terminal without the consent of the subscriber and (or) user, or to the deterioration of the operating parameters of the subscriber terminal or communication network ;

"payment card" - a means that allows the subscriber and (or) user to use telematic communication services, identifying the subscriber and (or) user for the telecom operator as payers;

"user of telematic communication services" - a person ordering and (or) using telematic communication services;

"information system" - a set of information contained in databases and providing its processing information technologies and technical means;

"information and telecommunications network" - a technological system designed to transmit information over communication lines, access to which is carried out using means computer science;

"providing access to information systems of the information and telecommunication network" - ensuring the possibility of receiving and transmitting telematic electronic messages (exchange of telematic electronic messages) between the subscriber terminal and information system information and telecommunication network;

"providing access to the data transmission network" - a set of actions of the telecom operator to form a subscriber line, connect with its help the user (terminal) equipment to the communication node of the data transmission network, or to provide the possibility of connecting the user (terminal) equipment to the data transmission network using a telephone connections or connections via another data transmission network in order to ensure the possibility of providing the subscriber and (or) user of telematic communication services;

"exchange protocol" - a formalized set of requirements for the structure of a telematic electronic message and the algorithm for exchanging telematic electronic messages;

"network address" - a number from the numbering resource of the data transmission network, which uniquely identifies the subscriber terminal or communication means included in the information system when providing telematic communication services;

"spam" - telematics electronic message, intended for an indefinite circle of persons, delivered to the subscriber and (or) user without their prior consent and does not allow to determine the sender of this message, including due to the indication of a non-existent or falsified sender's address in it;

"tariff plan" - a set of price conditions under which the telecom operator offers to use one or more telematic communication services;

"telematic electronic message" - one or more telecommunication messages containing information structured in accordance with the exchange protocol supported by the interacting information system and the subscriber terminal;

"technical possibility of providing access to a data transmission network" - the simultaneous presence of an unused mounted capacity of a communication node, in the coverage area of ​​​​which it is requested to connect the user (terminal) equipment to the data transmission network, and idle communication lines, allowing the formation of a subscriber communication line between the communication node and the user (terminal) equipment;

"unified pointer" - a set of letters, numbers, symbols that uniquely identify an information system in an information and telecommunications network with a format defined for such a network.

3. When implementing the relationship of the telecom operator with the subscriber and (or) user arising from the provision of telematic communication services in the territory Russian Federation, the Russian language is used.

4. The communications operator is obliged to ensure the observance of the secrecy of communications.

Information about the communication services provided to the subscriber and (or) user may be provided only to the subscriber and (or) user or their authorized representatives, unless otherwise provided by federal laws or the contract.

Information about a citizen subscriber and (or) citizen user that became known to the telecom operator during the execution of the contract by him may be transferred to third parties only with the written consent of the citizen subscriber and (or) citizen user, except as otherwise provided by the legislation of the Russian Federation.

(see text in previous edition)

The consent of a citizen subscriber and (or) a citizen user to the processing of their (his) personal data for the purpose of making payments by the telecom operator for the rendered communication services, as well as considering claims is not required.

5. In emergency situations of a natural and man-made nature, the telecom operator, in the manner prescribed by the legislation of the Russian Federation, has the right to temporarily stop or restrict the provision of telematic communication services. Authorized state bodies, in accordance with the legislative and other regulatory legal acts of the Russian Federation, have the right to priority use of telematic communication services.

5(1). The telecom operator, in the manner determined by the Government of the Russian Federation, is obliged to ensure the transmission of alert signals and emergency information about the dangers arising from the threat or occurrence of natural and man-made emergencies, as well as during the conduct of hostilities or as a result of these actions, about the rules of behavior of the population and the need to take measures to protect, to users of communication services whose terminal equipment is connected to the information and telecommunication network "Internet".

6. To use telematic communication services, the subscriber and (or) user are obliged to use user (terminal) equipment that meets the established requirements.

The obligation to provide user (terminal) equipment and a user terminal is assigned to the subscriber and (or) user, unless otherwise provided by the contract.

7. The telecom operator provides the subscriber and (or) the user with the opportunity to use telematic communication services 24 hours a day, unless otherwise provided by the legislation of the Russian Federation or the contract.

8. The telecom operator may provide not only telematic communication services, but also services that are technologically inextricably linked with telematic communication services and aimed at increasing their consumer value, if this does not require a separate license and they comply with the requirements provided for in paragraph 25 of these Rules. The list of services that are technologically inextricably linked with telematic communication services and aimed at increasing their consumer value is determined by the telecom operator.

9. The telecom operator is obliged to create a system of information and reference services in order to provide the subscriber and (or) user with information related to the provision of telematic communication services.

10. Paid and free information and reference services are provided in the information and reference service system.

11. The telecom operator provides the following information and reference services free of charge and around the clock:

a) provision of information on the provided telematic communication services;

b) provision of information on tariffs (tariff plans) for payment for telematic communications services, on the territory for the provision of telematic communications services (service area);

c) providing the subscriber with information about the state of his personal account;

d) receiving from the subscriber and (or) the user of information about technical malfunctions that prevent the use of telematic communication services;

e) providing information about the settings of the user terminal and (or) user (terminal) equipment for using telematic communication services.

12. The list of free information and reference services provided for in paragraph 11 of these Rules cannot be reduced. The provision of free information and reference services can be carried out using autoinformers or information systems available in the information and telecommunications network in which the operator provides telematic communication services.

13. The telecom operator independently determines the list of rendered paid information and reference services and the time of their provision.

14. The telecom operator is obliged to provide the subscriber and (or) user with the information necessary for the conclusion and execution of the contract, including:

a) the name (company name) of the telecom operator, a list of its branches, their location and mode of operation;

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

On approval of the Rules for the provision of telematic communication services

Document as amended by:
(Russian newspaper, N 47, 05.03.2008);
(Official Internet portal of legal information www.pravo.gov.ru, 05.08.2014);
(Official Internet portal of legal information www.pravo.gov.ru, 19.08.2014);
(Official Internet portal of legal information www.pravo.gov.ru, February 24, 2015, N 0001201502240020);
(Official Internet portal of legal information www.pravo.gov.ru, 05.02.2016, N 0001201602050021);
(Official Internet portal of legal information www.pravo.gov.ru, 10/27/2017, N 0001201710270025).
____________________________________________________________________

In accordance with the Federal Law "On Communications" and the Law of the Russian Federation "On Protection of Consumer Rights", the Government of the Russian Federation

decides:

1. Approve the attached Rules for the provision of telematic communications services and put them into effect from January 1, 2008.

2. Subparagraphs "a" - "c" of paragraph 4 of Section XVI of the lists of licensed conditions for carrying out activities in the field of the provision of relevant communication services, approved by Decree of the Government of the Russian Federation of February 18, 2005 N 87 "On approval of the list of names of communication services included in licenses, and lists of license terms" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2005, No. 9, Art. 719; 2006, No. 2, Art. 202), shall be stated as follows:

"a) access to the licensee's communications network;

b) access to information systems of information and telecommunication networks, including the Internet;

c) receiving and transmitting telematic electronic messages.".

Prime Minister
Russian Federation
M. Fradkov

Rules for the provision of telematic communication services

APPROVED
Government Decree
Russian Federation
of September 10, 2007 N 575

I. General provisions

1. These Rules govern the relationship between a subscriber or user, on the one hand, and a telecom operator providing telematic communication services (hereinafter referred to as the telecom operator), on the other hand, when providing telematic communication services.

2. The concepts used in these Rules mean the following:

"subscriber" - a user of telematic communications services with whom a paid agreement has been concluded for the provision of telematic communications services with the allocation of a unique identification code (hereinafter referred to as the agreement);

"subscriber line" - a communication line connecting the user (terminal) equipment with a communication node of a data transmission network;

"subscriber interface" - technical and technological parameters of physical circuits connecting the means of communication of a telecom operator with user (terminal) equipment, as well as a formalized set of rules for their interaction;

"subscriber terminal" - a set of hardware and software used by a subscriber and (or) user when using telematic communication services for transmitting, receiving and displaying electronic messages and (or) generating, storing and processing information contained in an information system;

"malicious software" - software that purposefully leads to a violation of the legal rights of the subscriber and (or) user, including the collection, processing or transmission of information from the subscriber terminal without the consent of the subscriber and (or) user, or to the deterioration of the functioning parameters of the subscriber terminal or communication network;

"payment card" - a means that allows the subscriber and (or) user to use telematic communication services, identifying the subscriber and (or) user for the telecom operator as payers;

"user of telematic communication services" - a person ordering and (or) using telematic communication services;

"information system" - a set of information contained in databases and information technologies and technical means that ensure its processing;

"information and telecommunications network" - a technological system designed to transmit information over communication lines, access to which is carried out using computer technology;

"providing access to information systems of the information and telecommunication network" - ensuring the possibility of receiving and transmitting telematic electronic messages (exchange of telematic electronic messages) between the subscriber terminal and the information system of the information and telecommunication network;

"providing access to the data transmission network" - a set of actions of the telecom operator to form a subscriber line, connect with its help the user (terminal) equipment to the communication node of the data transmission network, or to provide the possibility of connecting the user (terminal) equipment to the data transmission network using a telephone connections or connections via another data transmission network in order to ensure the possibility of providing the subscriber and (or) user of telematic communication services;

"exchange protocol" - a formalized set of requirements for the structure of a telematic electronic message and the algorithm for exchanging telematic electronic messages;

"network address" - a number from the numbering resource of the data transmission network, which uniquely identifies the subscriber terminal or communication means included in the information system when providing telematic communication services;

"spam" - a telematic electronic message intended for an indefinite circle of persons, delivered to a subscriber and (or) user without their prior consent and not allowing to determine the sender of this message, including due to the indication of a non-existent or falsified sender's address in it;

"tariff plan" - a set of price conditions under which the telecom operator offers to use one or more telematic communication services;

"telematic electronic message" - one or more telecommunication messages containing information structured in accordance with the exchange protocol supported by the interacting information system and the subscriber terminal;

"technical possibility of providing access to a data transmission network" - the simultaneous presence of an unused mounted capacity of a communication node, in the coverage area of ​​​​which it is requested to connect the user (terminal) equipment to the data transmission network, and idle communication lines, allowing the formation of a subscriber communication line between the communication node and the user (terminal) equipment;

"unified pointer" - a set of letters, numbers, symbols that uniquely identify an information system in an information and telecommunications network with a format defined for such a network.

3. When implementing the relationship of the telecom operator with the subscriber and (or) user, arising from the provision of telematic communication services on the territory of the Russian Federation, the Russian language is used.

4. The communications operator is obliged to ensure the observance of the secrecy of communications.

Information about the communication services provided to the subscriber and (or) user may be provided only to the subscriber and (or) user or their authorized representatives, unless otherwise provided by federal laws or the contract.

Information about a citizen subscriber and (or) citizen user that became known to the telecom operator during the execution of the contract by him may be transferred to third parties only with the written consent of the citizen subscriber and (or) citizen user, except for cases provided for by the legislation of the Russian Federation ( paragraph as amended, put into effect on March 13, 2008 by Decree of the Government of the Russian Federation of February 16, 2008 N 93.

The consent of a citizen subscriber and (or) a citizen user to the processing of their (his) personal data in order for the telecom operator to make payments for the rendered communication services, as well as to consider claims is not required (the paragraph was additionally included from March 13, 2008 by a decree of the Government of the Russian Federation dated February 16, 2008 No. 93).

5. In emergency situations of a natural and man-made nature, the telecom operator, in the manner prescribed by the legislation of the Russian Federation, has the right to temporarily stop or restrict the provision of telematic communication services. Authorized state bodies, in accordance with the legislative and other regulatory legal acts of the Russian Federation, have the right to priority use of telematic communication services.

5_1. The telecom operator, in the manner determined by the Government of the Russian Federation, is obliged to ensure the transmission of alert signals and emergency information about the dangers arising from the threat or occurrence of natural and man-made emergencies, as well as during the conduct of hostilities or as a result of these actions, about the rules of behavior of the population and the need to take measures to protect, to users of communication services whose terminal equipment is connected to the information and telecommunication network "Internet".
(The paragraph was additionally included from March 4, 2015 by Decree of the Government of the Russian Federation of February 19, 2015 N 140)

6. To use telematic communication services, the subscriber and (or) user are obliged to use user (terminal) equipment that meets the established requirements.

The obligation to provide user (terminal) equipment and a user terminal is assigned to the subscriber and (or) user, unless otherwise provided by the contract.

7. The telecom operator provides the subscriber and (or) the user with the opportunity to use telematic communication services 24 hours a day, unless otherwise provided by the legislation of the Russian Federation or the contract.

8. The telecom operator may provide not only telematic communication services, but also services that are technologically inextricably linked with telematic communication services and aimed at increasing their consumer value, if this does not require a separate license and they comply with the requirements provided for in paragraph 25 of these Rules. The list of services that are technologically inextricably linked with telematic communication services and aimed at increasing their consumer value is determined by the telecom operator.

9. The telecom operator is obliged to create a system of information and reference services in order to provide the subscriber and (or) user with information related to the provision of telematic communication services.

10. Paid and free information and reference services are provided in the information and reference service system.

11. The telecom operator provides the following information and reference services free of charge and around the clock:

a) provision of information on the provided telematic communication services;

b) provision of information on tariffs (tariff plans) for payment for telematic communications services, on the territory for the provision of telematic communications services (service area);

c) providing the subscriber with information about the state of his personal account;

d) receiving from the subscriber and (or) the user of information about technical malfunctions that prevent the use of telematic communication services;

e) providing information about the settings of the user terminal and (or) user (terminal) equipment for using telematic communication services.

12. The list of free information and reference services provided for in paragraph 11 of these Rules cannot be reduced. The provision of free information and reference services can be carried out using autoinformers or information systems available in the information and telecommunications network in which the operator provides telematic communication services.

13. The telecom operator independently determines the list of rendered paid information and reference services and the time of their provision.

14. The telecom operator is obliged to provide the subscriber and (or) user with the information necessary for the conclusion and execution of the contract, including:

a) the name (company name) of the telecom operator, a list of its branches, their location and mode of operation;

b) details of the license issued to the telecom operator for carrying out activities in the field of rendering communication services (hereinafter referred to as the license) and license conditions;

c) the composition of telematic communications services, the conditions and procedure for their provision in accordance with these Rules, including the subscriber interfaces used;

d) the range of values ​​of service quality indicators provided by the data transmission network, within which the subscriber has the right to set the values ​​​​necessary for him in the contract;

e) a list and description of the advantages and limitations in the provision of telematic communication services;

f) tariffs for telematic communication services;

g) the procedure, form and tariff plans for paying for telematic communication services;

h) telephone numbers of the information and reference service system and a unified index of the operator's information system;

i) a list of services that are technologically inextricably linked with telematic communication services and aimed at increasing their consumer value;

j) a list of places where the subscriber and (or) user can fully familiarize themselves with these Rules;

k) a list of additional obligations of the telecom operator to the subscriber and (or) user, accepted on a voluntary basis, including:

a description of measures to prevent the spread of spam, malicious software and other information prohibited for distribution by the legislation of the Russian Federation;

the responsibility of the operator of telematic communications services to the subscriber and (or) the user for an action or inaction that contributes to the spread of spam, malicious software and other information prohibited for distribution by the legislation of the Russian Federation.

15. The telecom operator is obliged, at the request of the subscriber and (or) user, to provide them, in addition to the information provided for in paragraph 14 of these Rules, Additional information on the provision of telematic communication services.

The information is brought to the attention of the subscriber and (or) the user through the website of the telecom operator in the information and telecommunication network "Internet" or the information and reference service system in Russian (if necessary, in other languages) free of charge in a visual and accessible form. At the request of the subscriber, information can be sent to the address indicated by him Email or email address self-service system of the telecom operator, through which the subscriber has access to information about the telematic communication services provided to him, settlements with the telecom operator and other information ( Personal Area).
Decree of the Government of the Russian Federation of February 3, 2016 N 57.

II. The procedure and conditions for concluding an agreement

16. Telematic communications services are provided by the communications operator on the basis of an agreement.

17. The contract is concluded by performing conclusive actions or in writing in 2 copies, one of which is handed over to the subscriber. The procedure for the implementation of conclusive actions, as well as their list, is established by the offer.

An agreement on the provision of one-time telematic communication services at points of collective access is concluded by performing implicit actions. Such an agreement is considered concluded from the moment the user performs actions aimed at receiving and (or) using telematic communication services.

17_1. In case of concluding a fixed-term contract for the provision of one-time telematic communication services at collective access points, the telecom operator identifies users and the terminal equipment they use.
Decree of the Government of the Russian Federation of August 12, 2014 N 801.

User identification is carried out by the telecom operator by establishing the last name, first name, patronymic (if any) of the user, confirmed by an identity document, or in another way that ensures the reliable establishment of the specified information, including using the federal state information system " one system identification and authentication in the infrastructure that provides information and technological interaction of information systems used to provide state and municipal services in electronic form", or a reliable establishment subscriber number, assigned to the user in accordance with the contract for the provision of mobile radiotelephone communications services, concluded with the telecom operator.
(Paragraph as amended, put into effect on August 19, 2014 by Decree of the Government of the Russian Federation of August 12, 2014 N 801.

Identification of the terminal equipment is carried out by means of communication of the telecom operator by determining the unique identifier of the equipment of data transmission networks.
Decree of the Government of the Russian Federation of July 31, 2014 N 758)

18. The provision of telematic communication services with the provision of access to a data transmission network using a subscriber line is carried out on the basis of an agreement concluded in writing.

In order to conclude an agreement with the provision of access to a data transmission network using a subscriber line, a person who intends to conclude an agreement (hereinafter referred to as the applicant) submits an application to the telecom operator to conclude an agreement (hereinafter referred to as the application).

The procedure for registration and the form of applications are established by the telecom operator. The telecom operator is obliged to notify the applicant about the registration of the application within 3 days.

The telecom operator is not entitled to refuse the applicant to accept and consider the application.

19. The telecom operator, within a period not exceeding 30 days from the date of registration of the application, checks whether it is technically possible to provide access to the data transmission network. If it is available, the telecom operator concludes an agreement with the applicant.

20. The telecom operator has the right to refuse to conclude an agreement if it is not technically possible to provide access to the data transmission network. At the same time, the telecom operator is obliged to inform the applicant of its refusal in writing within a period not exceeding 10 days from the date of completion of the verification provided for in paragraph 19 of these Rules.

In case of refusal or evasion of the telecom operator from concluding the contract, the applicant has the right to apply to the court with a demand to compel the telecom operator to conclude it. The burden of proving the lack of technical capability to provide access to the data transmission network lies with the telecom operator.

21. The parties to an agreement concluded in writing may be a citizen, a legal entity or an individual entrepreneur, on the one hand, and a telecom operator, on the other hand. Wherein:

a citizen presents a document proving his identity;

representative legal entity presents a document confirming his authority (a power of attorney or a corresponding decision of the sole executive body), as well as a copy of the certificate of state registration of a legal entity;

an individual entrepreneur presents a document proving his identity, as well as a copy of the certificate of state registration as an individual entrepreneur.

An agreement concluded with a citizen for the purpose of using telematic communication services for personal, family, household and other needs not related to entrepreneurial activities is a public agreement and is concluded for an indefinite period. At the request of the applicant, a fixed-term contract can be concluded with him.

22. An agreement concluded in writing must specify:

a) the date and place of conclusion of the contract;

b) name (company name) and location of the telecom operator;

c) details of the settlement account of the telecom operator;

d) details of the license issued to the communications operator;

e) information about the subscriber:

surname, name, patronymic, date and place of birth, details of an identity document - for a citizen;

name (company name), location, main state registration number, individual taxpayer number - for a legal entity;
(Paragraph as amended, put into effect on February 13, 2016 by Decree of the Government of the Russian Federation of February 3, 2016 N 57.

details of an identity document and a certificate of state registration as an individual entrepreneur - for an individual entrepreneur;

f) installation address of the user (terminal) equipment and description of the subscriber line (when accessing the data transmission network using the subscriber line);

g) technical indicators characterizing the quality of telematic communication services (including the bandwidth of the communication line in the data transmission network);

h) technical standards in accordance with which telematic communication services and services that are technologically inextricably linked with them are provided;

i) tariffs and (or) tariff plan for payment for telematic communication services in Russian rubles;

j) the address and method of delivery of the invoice for the rendered telematic communication services;

k) the rights, obligations and responsibilities of the parties, including the obligations of the telecom operator to comply with the deadlines and procedures for eliminating faults that prevent the use of telematic communication services;

l) the duration of the contract;

m) a list of additional obligations to the subscriber, voluntarily assumed by the telecom operator.

22_1. The contract with a subscriber - a legal entity or an individual entrepreneur, in addition to the information specified in clause 22 of these Rules, provides for the obligation to provide the telecom operator by a legal entity or an individual entrepreneur with a list of persons using its user (terminal) equipment, and sets the deadline for providing the specified list, and it is also established that the specified list must be certified by an authorized representative of a legal entity or an individual entrepreneur, contain information about persons using its user (terminal) equipment (last name, first name, patronymic (if any), place of residence, details of an identity document), and updated at least quarterly.
(The paragraph was additionally included from August 13, 2014 by Decree of the Government of the Russian Federation of July 31, 2014 N 758; as amended, put into effect on February 13, 2016 by Decree of the Government of the Russian Federation of February 3, 2016 N 57.

23. The following essential conditions must be indicated in the contract:

a) the composition of the telematic communication services provided;

b) subscriber interfaces used;

c) tariffs and (or) tariff plans for payment for telematic communication services;

d) procedure, term and form of settlements.

24. The telecom operator has the right to instruct a third party to conclude an agreement on behalf of and at the expense of the telecom operator, as well as to make settlements with the subscriber on behalf of the telecom operator.

Under an agreement concluded by an authorized third party on behalf of and at the expense of the telecom operator, the rights and obligations arise directly from the telecom operator.

25. When concluding an agreement, the telecom operator is not entitled to impose on the subscriber and (or) user the provision of other services for a fee.

III. The procedure and conditions for the execution of the contract

Rights and obligations of the parties in the performance of the contract

26. The telecom operator is obliged:

a) provide the subscriber and (or) user with telematic communication services in accordance with the legislative and other regulatory legal acts of the Russian Federation, these Rules, license and agreement;

b) notify the subscriber and (or) user at the places of work with subscribers and (or) users, through his website in the information and telecommunication network "Internet" and (or) information systems about changes in tariffs and (or) tariff plans for paying for telematic services communications at least 10 days before the introduction of new tariffs and (or) tariff plans. At the request of the subscriber, notification of changes in tariffs and (or) tariff plans for paying for telematic communication services can be carried out through the e-mail address specified by him or the e-mail address of his personal account;
Decree of the Government of the Russian Federation of February 3, 2016 N 57.

c) appoint, in agreement with the subscriber and (or) user, new deadlines for the provision of telematic communication services, if the failure to comply with the established deadline was due to force majeure circumstances;

d) to eliminate within the prescribed period of malfunctions that prevent the use of telematic communication services. Information on the timing of the elimination of faults that prevent the use of communication services is posted on the website of the telecom operator in the information and telecommunication network "Internet";
(Subparagraph as amended, put into effect on February 13, 2016 by Decree of the Government of the Russian Federation of February 3, 2016 N 57.

e) notify the subscriber and (or) the user in a way convenient for them no later than 24 hours in advance about the actions taken in accordance with paragraph 27 of these Rules;

f) resume the provision of telematic communication services to the subscriber and (or) user within a day from the date of submission of documents confirming the liquidation of the debt on payment for these services (in case of suspension of the provision of services);

g) provide for the provision of telematic communication services the allocation of a network address to the subscriber terminal;

h) fulfill the obligations stipulated by subparagraph "n" of paragraph 22 of these Rules;

i) exclude the possibility of access to information systems, network addresses or unified pointers of which the subscriber informs the telecom operator in the form provided for by the contract;

j) upon receipt of a relevant request from the body carrying out operational-search activities, within 3 working days from the date of receipt of such a request, send a request to the subscriber with a request to confirm the compliance of the personal data of the actual user with the information stated in the contract, indicating the date of termination of the provision of communication services in in case of non-confirmation of the compliance of personal data by one or more of the following methods:

by sending a short text message over a mobile radiotelephone network;

by sending a message using the reference and information service of the telecom operator, including autoinformer;

using the information and telecommunications network "Internet", including by sending a message by e-mail (if an address is available) or by sending a notification using the self-service system of the telecom operator, through which the subscriber accesses information about the telematic communication services provided to him and about settlements with the telecom operator, as well as to other information (personal account);
Decree of the Government of the Russian Federation of October 25, 2017 N 1295)

k) re-inform the subscriber in the manner prescribed by subparagraph "k" of this paragraph, about the timing of termination of the provision of communication services in case of failure to confirm the compliance of the personal data of the actual user with the information stated in the contract, no later than 3 days before the termination of the provision of communication services;
(The subparagraph has been additionally included since November 4, 2017 by Decree of the Government of the Russian Federation of October 25, 2017 N 1295)

l) provide the subscriber with the opportunity to confirm the compliance of the personal data of the actual user with the information stated in the contract by submitting an identity document to the telecom operator, as well as using one of the methods provided by the telecom operator (if any) specified in subparagraph "g" of paragraph 28 of these Rules, informing the subscriber about such methods when sending him a request in accordance with subparagraph "j" of this paragraph, or indicating in the request the email address of the page of the telecom operator's website on the Internet information and telecommunication network, which contains information about such methods.
(The subparagraph has been additionally included since November 4, 2017 by Decree of the Government of the Russian Federation of October 25, 2017 N 1295)

27. The telecom operator has the right:

suspend the provision of telematic communication services to the subscriber and (or) user in case of violation by the subscriber and (or) user of the requirements stipulated by the agreement, as well as in cases established by the legislation of the Russian Federation;

to restrict individual actions of the subscriber and (or) user, if such actions pose a threat to the normal functioning of the communication network.

28. The subscriber is obliged:

a) pay a fee for the telematic communication services rendered to him and other services provided for by the contract in full and within the period stipulated by the contract;

c) notify the telecom operator within a period not exceeding 60 days of the termination of their rights of ownership and (or) use of the premises in which the user (terminal) equipment is installed, as well as a change in the surname (first name, patronymic) and place of residence, name ( company name) and location;

e) take measures to protect the user terminal from the effects of malicious software;

f) prevent the spread of spam and malicious software from its subscriber terminal;

g) upon receipt of a request from the telecom operator with a requirement to confirm the compliance of the personal data of the actual user with the information stated in the contract, confirm personal data by presenting an identity document to the telecom operator, or one of the following methods provided by the telecom operator:

by sending to the telecom operator electronic document signed with an enhanced qualified electronic signature, or when accessing the self-service system of the telecom operator, through which the subscriber has access to information about the telematic communication services provided to him and about settlements with the telecom operator, as well as to other information (personal account), using the enhanced qualified electronic signature;

using the federal state information system "Unified system of identification and authentication in the infrastructure providing information and technological interaction of information systems used to provide state and municipal services in electronic form" in the presence of a confirmed account in system.
(The subparagraph has been additionally included since November 4, 2017 by Decree of the Government of the Russian Federation of October 25, 2017 N 1295)

29. The subscriber has the right:

b) appoint, in agreement with the telecom operator, new terms for the provision of telematic communication services, if non-observance of the established term was due to force majeure circumstances;

c) require the telecom operator to exclude the possibility of access to information systems, the network addresses or unified pointers of which the subscriber reports to the telecom operator in the form provided for by the contract.

30. The user is obliged:

a) pay a fee for the telematic communication services provided to him and other services provided for by the contract in full;

b) use user (terminal) equipment and software that meets the established requirements to receive telematic communication services;

c) take measures to protect the user terminal from the effects of malicious software;

d) prevent the spread of spam and malicious software from its subscriber terminal.

31. The user has the right:

a) refuse to pay for telematic communication services not provided for by the contract and provided to him without his consent;

b) appoint, in agreement with the telecom operator, new terms for the provision of telematic communication services, if non-observance of the established term was due to force majeure circumstances.

IV. Form and procedure for payment for rendered telematic communication services

32. Payment for the rendered telematic communication services can be carried out according to a subscriber, time-based or combined payment system, according to the volume of received, and (or) transmitted, and (or) sent, and (or) processed, and (or) stored information, or upon the fact of rendering single service.

The telecom operator is not entitled to demand payment for the provision of telematic communication services for the period during which the provision of telematic communication services was suspended in accordance with the legislation of the Russian Federation.

The telecom operator is obliged to maintain personal accounts of subscribers, which reflect the receipt of funds by the telecom operator, as well as the write-off of these funds as payment for telematic communication services provided in accordance with the contract.

33. The fee for providing access to the data transmission network by the telecom operator is charged once.

The tariff for providing access to the data transmission network by the telecom operator is set by the telecom operator independently, unless otherwise provided by the legislation of the Russian Federation.

34. The unit of billing for the consumption of telematic communications services is established by the communications operator. Accounting of communication services consumed by the user is carried out in accordance with the billing unit adopted by the telecom operator.

35. Tariffs and (or) tariff plans for paying for telematic communication services, as well as the cost of an incomplete tariffication unit, are established by the telecom operator, unless otherwise provided by the legislation of the Russian Federation.

36. For citizens using telematic communication services for personal purposes, and for legal entities and citizens using telematic communication services for other purposes, different tariffs and (or) tariff plans may be established for paying for telematic communication services.

The tariff plan may establish differentiated tariffs by time of day, days of the week, weekends and holidays, by the amount of received and (or) transmitted and (or) sent and (or) processed and (or) stored information.

37. Payment for telematic communication services is carried out in Russian rubles in accordance with the tariff and (or) tariff plan chosen by the subscriber and (or) user for paying for telematic communication services.

38. The basis for issuing an invoice to a subscriber or debiting funds from a personal account for the provided telematic communication services is the data obtained using the equipment used by the telecom operator to account for the volume of telematic communication services provided to them.

39. Payment for telematic communication services can be carried out using a payment card.

The payment card contains encoded information that is used to inform the telecom operator of information about the payment for telematic communication services, as well as the following information:

a) the name (company name) of the telecom operator whose telematic communication services can be paid for by using a payment card;

b) the amount of the advance payment, the payment of which is confirmed by the payment card, or the amount of telematic communication services that the user can receive when using it;

c) validity period of the payment card;

d) reference (contact) phone numbers of the telecom operator;

e) rules for using the payment card;

f) payment card identification number;

g) number of the license on the basis of which telematic communication services are provided.

40. The subscriber and (or) the user has the right to apply to the telecom operator with a request for the return of funds deposited by them as an advance payment, including using a payment card.

The telecom operator is obliged to return to the subscriber and (or) the user the unused balance of funds.

41. The invoice issued to the subscriber for the rendered telematic communication services is a settlement document that reflects data on the subscriber's monetary obligations and which contains the following information:

a) details of the telecom operator;

b) information about the subscriber;

c) billing period for which the invoice is issued;

d) subscriber's personal account number;

e) data on the total number of telematic communication services provided for the billing period and the period for the provision of telematic communication services, as well as the volume of each telematic communication service provided to the subscriber;

f) the total amount to be paid;

g) the amount of the balance of funds on the personal account (in case of advance payment);

h) invoice date;

i) due date for payment of the invoice;

j) the amount presented for payment for each type of telematic communications services and services technologically inextricably linked with them;

k) types of telematic communication services rendered.

42. The telecom operator is obliged to ensure the delivery to the subscriber of an invoice for payment for the rendered telematic communication services within 10 days from the date of issuing this invoice.

43. The billing period for which an invoice is issued for the provision of telematic communication services should not exceed one month.

44. At the request of the subscriber, the telecom operator performs account detailing, that is, provides additional information about the telematic communication services provided, for which it may charge a separate fee.

45. The subscriber and (or) user has the right to demand the return of funds paid in advance for the use of telematic communication services for the period when it was not possible to use such telematic communication services through no fault of these subscriber and (or) user.

V. Procedure and conditions for suspension, modification, termination and termination of the contract

46. ​​The subscriber has the right at any time during unilaterally terminate the contract subject to payment of the expenses incurred by the telecom operator for the provision of telematic communication services to him. The procedure for unilateral refusal to perform the contract is determined by the contract.

47. In cases provided for by the legislation of the Russian Federation, or in case of violation by the subscriber of the requirements established by the agreement, including the payment deadline for the rendered telematic communication services, the telecom operator has the right to suspend the provision of telematic communication services until the violation is eliminated, notifying the subscriber in writing.

If the subscriber does not eliminate the violation within 6 months from the date of receipt of a written notification from the telecom operator about the intention to suspend the provision of telematic communication services, the telecom operator has the right to terminate the contract unilaterally.

48. At the written request of the subscriber, the telecom operator is obliged to suspend the provision of telematic communication services to the subscriber without terminating the contract. In this case, the subscriber is charged for the entire period specified in the application, in accordance with the tariff established for such cases.

49. The validity of an agreement providing for the provision of access to a data transmission network using a subscriber line may be suspended upon a written application of the subscriber in the event of leasing (sub-leasing), leasing (sub-leasing) premises, including residential premises in which a user room is installed ( terminal) equipment, for the term of the lease (sublease), lease (sublease) agreement. An agreement may be concluded with the tenant (sub-tenant), tenant (sub-tenant) of the premises in which the equipment is installed for the duration of the lease (sub-lease), lease (sub-lease) agreement with the allocation for these purposes of the same unique identification code that was allocated at the conclusion the contract whose validity is suspended, or another unique identification code.

50. Amendments to the agreement concluded in writing, including changes relating to the choice by the subscriber of another tariff plan for paying for telematic communication services, are formalized by concluding an additional agreement to the agreement. The fee for changing the tariff plan is not charged from the subscriber.

51. If the introduction of amendments to the contract entailed the need for the telecom operator to perform the relevant work, these works are subject to payment by the party on whose initiative the amendments were made to the contract, unless otherwise provided by the contract.

52. If the subscriber has lost the right to own or use the premises in which the user (terminal) equipment is installed, the contract shall terminate. At the same time, the telecom operator, which is a party to this agreement, at the request of the new owner of the specified premises, is obliged to conclude an agreement with him within 30 days.

If the subscriber's family members remain living in the specified premises, the contract is reissued for one of them with the written consent of other adult family members permanently registered in this premises.

53. Until the expiration of the period for accepting an inheritance, provided for by the Civil Code of the Russian Federation, which includes a room with installed user (terminal) equipment for providing access to a data transmission network, the telecom operator does not have the right to dispose technical means designed to connect this equipment to a data network.

The person who accepted the inheritance, within 30 days from the date of entry into the inheritance, has the right to submit an application to the telecom operator.

The telecom operator is obliged to conclude an agreement with the heir within 30 days from the date of registration of the application.

If the application is not submitted within the prescribed period, the telecom operator has the right to dispose of the technical means intended for connecting the equipment in order to provide access to the data transmission network, at its discretion.

54. At the request of a citizen subscriber, a new citizen subscriber may be indicated in the contract. At the same time, a member of the subscriber's family who is registered at the subscriber's place of residence or who is a member of the common ownership of the premises in which the subscriber terminal is installed can become a new subscriber.

55. In the event of reorganization or renaming of a subscriber - a legal entity (except for reorganization in the form of spin-off or separation), the contract may indicate the successor or new name of the subscriber - legal entity. When a legal entity is reorganized in the form of a spin-off or division, the question of which of the successors should conclude an agreement is decided in accordance with the separation balance sheet, which determines which of the successors will receive the premises with the installed user (terminal) equipment.

VI. The procedure for submitting and considering claims

56. The subscriber and (or) user has the right to appeal against the decision and action (inaction) of the telecom operator related to the provision of telematic communication services.

57. The telecom operator is obliged to have a book of complaints and suggestions and issue it at the first request of the subscriber and (or) user.

58. The consideration of the complaint of the subscriber and (or) the user is carried out in the manner established by the legislation of the Russian Federation.

59. In case of non-fulfillment or improper fulfillment by the telecom operator of obligations to provide telematic communication services, the subscriber and (or) user, before applying to the court, file a claim with the telecom operator.

60. The claim is presented in writing and is subject to registration on the day it is received by the telecom operator.

Claims on issues related to the refusal to provide telematic communication services, with untimely or improper fulfillment of obligations arising from the contract, are presented within 6 months from the date of provision of telematic communication services, refusal to provide them or invoicing for the rendered service.

The claim shall be accompanied by a copy of the contract (if the contract is concluded in writing), as well as other documents necessary for the consideration of the claim, in which evidence of non-fulfillment or improper fulfillment of obligations under the contract must be presented, and in the event of a claim for damages - information on the amount the damage caused.

61. The claim is considered by the telecom operator within a period not exceeding 60 days from the date of registration of the claim.

The telecom operator must inform the subscriber and (or) user who submitted it in writing about the results of the consideration of the claim.

If the claim is recognized by the telecom operator as justified, the shortcomings identified in the provision of telematic communication services are subject to elimination within a reasonable time, appointed by the subscriber and (or) user.

The requirements of the subscriber and (or) user to reduce the amount of payment for the rendered telematic communication services, to reimburse the costs of eliminating deficiencies on their own or by third parties, as well as to return the funds paid for the provision of telematic communication services and to compensate for losses caused in connection with the refusal to provide telematic communication services, recognized by the telecom operator as justified, are subject to satisfaction within 10 days from the date of their recognition as justified.

VII. Responsibility of the parties

62. For non-fulfillment or improper fulfillment of obligations under the contract, the telecom operator shall be liable to the subscriber and (or) user in the following cases:

a) violation of the terms for providing access to the data transmission network using the subscriber line;

b) violation of the deadlines for the provision of telematic communication services provided for by the agreement;

c) non-provision of telematic communication services stipulated by the contract;

d) low-quality provision of telematic communication services;

e) violation established restrictions to disseminate information about a citizen subscriber that became known to the telecom operator due to the execution of the contract.

63. In case of violation by the telecom operator of the established terms for the provision of telematic communication services, a citizen subscriber, at his choice, has the right to:

a) assign a new period to the telecom operator, during which the telematic communication service must be provided;

b) entrust the provision of telematic communications services to third parties at a reasonable price and require the communications operator to reimburse the costs incurred;

c) demand a reduction in the cost of telematic communications services;

d) cancel the contract.

64. In case of violation of the terms for providing access to the data transmission network, the telecom operator shall pay the citizen subscriber a penalty in the amount of 3 percent of the fee for providing access to the data transmission network for each day of delay until the start of providing access to the data transmission network, if a higher penalty is not specified in the contract, but not more than the amount of the fee stipulated by the contract.

65. In case of violation by the telecom operator of the established terms for the provision of telematic communication services, the subscriber and (or) user has the right to demand full compensation for losses caused to them in connection with the violation of the specified terms.

66. In the cases specified in subparagraphs "c" and "d" of paragraph 62 of these Rules, the subscriber and (or) user has the right to demand at their choice:

a) gratuitous elimination of deficiencies identified in the provision of telematic communication services;

b) a corresponding reduction in the cost of providing telematic communication services;

c) reimbursement of expenses incurred by him to eliminate, on his own or by third parties, the shortcomings identified in the provision of telematic communication services.

67. In case of violation by the telecom operator of the established restrictions on the dissemination of information about the citizen subscriber, which became known to him due to the execution of the contract, the telecom operator, at the request of the citizen subscriber, compensates for the losses caused by these actions.

68. The telecom operator is not responsible for the content of information transmitted (received) by the subscriber and (or) user when using telematic communication services.

69. The subscriber and (or) the user is responsible to the telecom operator in the following cases:

a) non-payment, incomplete or untimely payment for telematic communication services;

b) violation of the rules for the operation of user (terminal) equipment and (or) subscriber terminal;

c) violation of the ban on connecting user (terminal) equipment that does not meet the established requirements;

d) committing actions that lead to disruption of the functioning of the communication facilities and the communication network of the communication operator.

70. In the cases specified in subparagraphs "b" - "d" of paragraph 69 of these Rules, the telecom operator has the right to apply to the court with a claim for compensation for losses caused by such actions of the subscriber and (or) user.

71. In case of non-payment, incomplete or untimely payment for telematic communication services, the subscriber shall pay to the telecom operator a penalty in the amount of 1 percent of the cost of unpaid, incompletely paid or untimely paid telematic communication services, if smaller size not specified in the contract, for each day of delay up to the day of repayment of the debt, but not more than the amount payable.

72. In case of non-submission, incomplete or untimely submission of information on the provision of telematic communication services, the citizen-subscriber and (or) user has the right to refuse to fulfill the contract and apply to the court with a claim for the return of funds paid for the provided telematic communication services, and for reimbursement of incurred losses.

73. The parties to the contract shall be released from liability for non-fulfillment or improper fulfillment of obligations under the contract if they prove that their non-fulfillment or improper fulfillment occurred due to force majeure circumstances or through the fault of the other party.

Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ABOUT THE APPROVAL OF THE RULES

In accordance with the Federal Law "On Communications" and the Law of the Russian Federation "On Protection of Consumer Rights", the Government of the Russian Federation decides:

1. Approve the attached Rules for the provision of telematic communication services and put them into effect from January 1, 2008.

2. Subparagraphs "a" - "c" of paragraph 4 of Section XVI of the lists of licensed conditions for carrying out activities in the field of the provision of relevant communication services, approved by Decree of the Government of the Russian Federation of February 18, 2005 N 87 "On approval of the list of names of communication services included in licenses , and lists of license terms" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2005, No. 9, Art. 719; 2006, No. 2, Art. 202) shall be amended as follows:

"a) access to the licensee's communications network;

b) access to information systems of information and telecommunication networks, including the Internet;

c) receiving and transmitting telematic electronic messages.".

Prime Minister

Russian Federation

M. FRADKOV

Approved

Government Decree

Russian Federation

PROVISION OF TELEMATIC COMMUNICATION SERVICES

I. GENERAL PROVISIONS

1. These Rules govern the relationship between a subscriber or user, on the one hand, and a telecom operator providing telematic communication services (hereinafter referred to as the telecom operator), on the other hand, when providing telematic communication services.

2. The concepts used in these Rules mean the following:

"subscriber" - a user of telematic communications services with whom a paid agreement has been concluded for the provision of telematic communications services with the allocation of a unique identification code (hereinafter referred to as the agreement);

"subscriber line" - a communication line connecting the user (terminal) equipment with a communication node of a data transmission network;

"subscriber interface" - technical and technological parameters of physical circuits connecting the means of communication of a telecom operator with user (terminal) equipment, as well as a formalized set of rules for their interaction;

"subscriber terminal" - a set of hardware and software used by a subscriber and (or) user when using telematic communication services for transmitting, receiving and displaying electronic messages and (or) generating, storing and processing information contained in an information system;

"malicious software" - software that purposefully leads to a violation of the legal rights of the subscriber and (or) user, including the collection, processing or transmission of information from the subscriber terminal without the consent of the subscriber and (or) user, or to the deterioration of the functioning parameters of the subscriber terminal or communication network;

"payment card" - a means that allows the subscriber and (or) user to use telematic communication services, identifying the subscriber and (or) user for the telecom operator as payers;

"user of telematic communication services" - a person ordering and (or) using telematic communication services;

"information system" - a set of information contained in databases and information technologies and technical means that ensure its processing;

"information and telecommunications network" - a technological system designed to transmit information over communication lines, access to which is carried out using computer technology;

"providing access to information systems of the information and telecommunication network" - ensuring the possibility of receiving and transmitting telematic electronic messages (exchange of telematic electronic messages) between the subscriber terminal and the information system of the information and telecommunication network;

"providing access to the data transmission network" - a set of actions of the telecom operator to form a subscriber line, connect with its help the user (terminal) equipment to the communication node of the data transmission network, or to provide the possibility of connecting the user (terminal) equipment to the data transmission network using a telephone connections or connections via another data transmission network in order to ensure the possibility of providing the subscriber and (or) user of telematic communication services;

"exchange protocol" - a formalized set of requirements for the structure of a telematic electronic message and the algorithm for exchanging telematic electronic messages;

"network address" - a number from the numbering resource of the data transmission network, which uniquely identifies the subscriber terminal or communication means included in the information system when providing telematic communication services;

"spam" - a telematic electronic message intended for an indefinite circle of persons, delivered to a subscriber and (or) user without their prior consent and not allowing to determine the sender of this message, including due to the indication of a non-existent or falsified sender's address in it;

"tariff plan" - a set of price conditions under which the telecom operator offers to use one or more telematic communication services;

"telematic electronic message" - one or more telecommunication messages containing information structured in accordance with the exchange protocol supported by the interacting information system and the subscriber terminal;

"technical possibility of providing access to a data transmission network" - the simultaneous presence of an unused mounted capacity of a communication node, in the coverage area of ​​​​which it is requested to connect the user (terminal) equipment to the data transmission network, and idle communication lines, allowing the formation of a subscriber communication line between the communication node and the user (terminal) equipment;

"unified pointer" - a set of letters, numbers, symbols that uniquely identify an information system in an information and telecommunications network with a format defined for such a network.

3. When implementing the relationship of the telecom operator with the subscriber and (or) user, arising from the provision of telematic communication services on the territory of the Russian Federation, the Russian language is used.

4. The communications operator is obliged to ensure the observance of the secrecy of communications.

Information about the communication services provided to the subscriber and (or) user may be provided only to the subscriber and (or) user or their authorized representatives, unless otherwise provided by federal laws or the contract.

Information about a citizen subscriber and (or) citizen user that became known to the telecom operator during the execution of the contract by him may be transferred to third parties only with the written consent of the citizen subscriber and (or) citizen user, except as otherwise provided by the legislation of the Russian Federation.

The consent of a citizen subscriber and (or) a citizen user to the processing of their (his) personal data for the purpose of making payments by the telecom operator for the rendered communication services, as well as considering claims is not required.

5. In emergency situations of a natural and man-made nature, the telecom operator, in the manner prescribed by the legislation of the Russian Federation, has the right to temporarily stop or restrict the provision of telematic communication services. Authorized state bodies, in accordance with the legislative and other regulatory legal acts of the Russian Federation, have the right to priority use of telematic communication services.

5(1). The telecom operator, in the manner determined by the Government of the Russian Federation, is obliged to ensure the transmission of alert signals and emergency information about the dangers arising from the threat or occurrence of natural and man-made emergencies, as well as during the conduct of hostilities or as a result of these actions, about the rules of behavior of the population and the need to take measures to protect, to users of communication services whose terminal equipment is connected to the information and telecommunication network "Internet".

6. To use telematic communication services, the subscriber and (or) user are obliged to use user (terminal) equipment that meets the established requirements.

The obligation to provide user (terminal) equipment and a user terminal is assigned to the subscriber and (or) user, unless otherwise provided by the contract.

7. The telecom operator provides the subscriber and (or) the user with the opportunity to use telematic communication services 24 hours a day, unless otherwise provided by the legislation of the Russian Federation or the contract.

8. The telecom operator may provide not only telematic communication services, but also services that are technologically inextricably linked with telematic communication services and aimed at increasing their consumer value, if this does not require a separate license and they comply with the requirements provided for in paragraph 25 of these Rules. The list of services that are technologically inextricably linked with telematic communication services and aimed at increasing their consumer value is determined by the telecom operator.

9. The telecom operator is obliged to create a system of information and reference services in order to provide the subscriber and (or) user with information related to the provision of telematic communication services.

10. Paid and free information and reference services are provided in the information and reference service system.

11. The telecom operator provides the following information and reference services free of charge and around the clock:

a) provision of information on the provided telematic communication services;

b) provision of information on tariffs (tariff plans) for payment for telematic communications services, on the territory for the provision of telematic communications services (service area);

c) providing the subscriber with information about the state of his personal account;

d) receiving from the subscriber and (or) the user of information about technical malfunctions that prevent the use of telematic communication services;

e) providing information about the settings of the user terminal and (or) user (terminal) equipment for using telematic communication services.

12. The list of free information and reference services provided for in paragraph 11 of these Rules cannot be reduced. The provision of free information and reference services can be carried out using autoinformers or information systems available in the information and telecommunications network in which the operator provides telematic communication services.

13. The telecom operator independently determines the list of rendered paid information and reference services and the time of their provision.

14. The telecom operator is obliged to provide the subscriber and (or) user with the information necessary for the conclusion and execution of the contract, including:

a) the name (company name) of the telecom operator, a list of its branches, their location and mode of operation;

b) details of the license issued to the telecom operator for carrying out activities in the field of rendering communication services (hereinafter referred to as the license) and license conditions;

c) the composition of telematic communications services, the conditions and procedure for their provision in accordance with these Rules, including the subscriber interfaces used;

d) the range of values ​​of service quality indicators provided by the data transmission network, within which the subscriber has the right to set the values ​​​​necessary for him in the contract;

e) a list and description of the advantages and limitations in the provision of telematic communication services;

f) tariffs for telematic communication services;

g) the procedure, form and tariff plans for paying for telematic communication services;

h) telephone numbers of the information and reference service system and a unified index of the operator's information system;

i) a list of services that are technologically inextricably linked with telematic communication services and aimed at increasing their consumer value;

j) a list of places where the subscriber and (or) user can fully familiarize themselves with these Rules;

k) a list of additional obligations of the telecom operator to the subscriber and (or) user, accepted on a voluntary basis, including:

a description of measures to prevent the spread of spam, malicious software and other information prohibited for distribution by the legislation of the Russian Federation;

the responsibility of the operator of telematic communications services to the subscriber and (or) the user for an action or inaction that contributes to the spread of spam, malicious software and other information prohibited for distribution by the legislation of the Russian Federation.

15. The telecom operator is obliged, at the request of the subscriber and (or) user, to provide them, in addition to the information provided for in clause 14 of these Rules, with additional information on the provision of telematic communication services.

The information is brought to the attention of the subscriber and (or) the user through the website of the telecom operator in the information and telecommunication network "Internet" or the information and reference service system in Russian (if necessary, in other languages) free of charge in a visual and accessible form. At the request of the subscriber, information can be sent to the email address specified by him or the electronic address of the self-service system of the telecom operator, through which the subscriber accesses information about the telematic communication services provided to him, settlements with the telecom operator and other information (personal account).

II. PROCEDURE AND CONDITIONS FOR CONCLUDING THE AGREEMENT

16. Telematic communications services are provided by the communications operator on the basis of an agreement.

17. The contract is concluded by performing conclusive actions or in writing in 2 copies, one of which is handed over to the subscriber. The procedure for the implementation of conclusive actions, as well as their list, is established by the offer.

An agreement on the provision of one-time telematic communication services at points of collective access is concluded by performing implicit actions. Such an agreement is considered concluded from the moment the user performs actions aimed at receiving and (or) using telematic communication services.

17(1). In case of concluding a fixed-term contract for the provision of one-time telematic communication services at collective access points, the telecom operator identifies users and the terminal equipment they use.

User identification is carried out by the telecom operator by establishing the surname, name, patronymic (if any) of the user, confirmed by an identity document, or in another way that ensures the reliable establishment of the specified information, including using the federal state information system "Unified Identification and Authentication System in infrastructure that provides information and technological interaction of information systems used to provide state and municipal services in electronic form", or a reliable identification of the subscriber number assigned to the user in accordance with the contract for the provision of mobile radiotelephone services concluded with the telecom operator.

Identification of the terminal equipment is carried out by means of communication of the telecom operator by determining the unique identifier of the equipment of data transmission networks.

18. The provision of telematic communication services with the provision of access to a data transmission network using a subscriber line is carried out on the basis of an agreement concluded in writing.

In order to conclude an agreement with the provision of access to a data transmission network using a subscriber line, a person who intends to conclude an agreement (hereinafter referred to as the applicant) submits an application to the telecom operator to conclude an agreement (hereinafter referred to as the application).

The procedure for registration and the form of applications are established by the telecom operator. The telecom operator is obliged to notify the applicant about the registration of the application within 3 days.

The telecom operator is not entitled to refuse the applicant to accept and consider the application.

19. The telecom operator, within a period not exceeding 30 days from the date of registration of the application, checks whether it is technically possible to provide access to the data transmission network. If it is available, the telecom operator concludes an agreement with the applicant.

20. The telecom operator has the right to refuse to conclude an agreement if it is not technically possible to provide access to the data transmission network. At the same time, the telecom operator is obliged to inform the applicant of its refusal in writing within a period not exceeding 10 days from the date of completion of the verification provided for in paragraph 19 of these Rules.

In case of refusal or evasion of the telecom operator from concluding the contract, the applicant has the right to apply to the court with a demand to compel the telecom operator to conclude it. The burden of proving the lack of technical capability to provide access to the data transmission network lies with the telecom operator.

21. The parties to an agreement concluded in writing may be a citizen, a legal entity or an individual entrepreneur, on the one hand, and a telecom operator, on the other hand. Wherein:

a citizen presents a document proving his identity;

a representative of a legal entity presents a document confirming his authority (a power of attorney or a corresponding decision of the sole executive body), as well as a copy of the certificate of state registration of the legal entity;

an individual entrepreneur presents a document proving his identity, as well as a copy of the certificate of state registration as an individual entrepreneur.

An agreement concluded with a citizen for the purpose of using telematic communication services for personal, family, household and other needs not related to entrepreneurial activities is a public agreement and is concluded for an indefinite period. At the request of the applicant, a fixed-term contract can be concluded with him.

22. An agreement concluded in writing must specify:

a) the date and place of conclusion of the contract;

b) name (company name) and location of the telecom operator;

c) details of the settlement account of the telecom operator;

d) details of the license issued to the communications operator;

e) information about the subscriber:

surname, name, patronymic, date and place of birth, details of an identity document - for a citizen;

name (company name), location, main state registration number, individual taxpayer number - for a legal entity;

details of an identity document and a certificate of state registration as an individual entrepreneur - for an individual entrepreneur;

f) installation address of the user (terminal) equipment and description of the subscriber line (when accessing the data transmission network using the subscriber line);

g) technical indicators characterizing the quality of telematic communication services (including the bandwidth of the communication line in the data transmission network);

h) technical standards in accordance with which telematic communication services and services that are technologically inextricably linked with them are provided;

i) tariffs and (or) tariff plan for payment for telematic communication services in Russian rubles;

j) the address and method of delivery of the invoice for the rendered telematic communication services;

k) the rights, obligations and responsibilities of the parties, including the obligations of the telecom operator to comply with the deadlines and procedures for eliminating faults that prevent the use of telematic communication services;

l) the duration of the contract;

m) a list of additional obligations to the subscriber, voluntarily assumed by the telecom operator.

22(1). The contract with a subscriber - a legal entity or an individual entrepreneur, in addition to the information specified in clause 22 of these Rules, provides for the obligation to provide the telecom operator by a legal entity or an individual entrepreneur with a list of persons using its user (terminal) equipment, and sets the deadline for providing the specified list, and it is also established that the specified list must be certified by an authorized representative of a legal entity or an individual entrepreneur, contain information about persons using its user (terminal) equipment (last name, first name, patronymic (if any), place of residence, details of an identity document), and updated at least quarterly.

23. The following essential conditions must be indicated in the contract:

a) the composition of the telematic communication services provided;

b) subscriber interfaces used;

c) tariffs and (or) tariff plans for payment for telematic communication services;

d) procedure, term and form of settlements.

24. The telecom operator has the right to instruct a third party to conclude an agreement on behalf of and at the expense of the telecom operator, as well as to make settlements with the subscriber on behalf of the telecom operator.

Under an agreement concluded by an authorized third party on behalf of and at the expense of the telecom operator, the rights and obligations arise directly from the telecom operator.

25. When concluding an agreement, the telecom operator is not entitled to impose on the subscriber and (or) user the provision of other services for a fee.

III. PROCEDURE AND CONDITIONS FOR THE PERFORMANCE OF THE AGREEMENT

Rights and obligations of the parties in the performance of the contract

26. The telecom operator is obliged:

a) provide the subscriber and (or) user with telematic communication services in accordance with the legislative and other regulatory legal acts of the Russian Federation, these Rules, license and agreement;

b) notify the subscriber and (or) user at the places of work with subscribers and (or) users, through his website in the information and telecommunication network "Internet" and (or) information systems about changes in tariffs and (or) tariff plans for paying for telematic services communications at least 10 days before the introduction of new tariffs and (or) tariff plans. At the request of the subscriber, notification of changes in tariffs and (or) tariff plans for paying for telematic communication services can be carried out through the e-mail address specified by him or the e-mail address of his personal account;

c) appoint, in agreement with the subscriber and (or) user, new deadlines for the provision of telematic communication services, if the failure to comply with the established deadline was due to force majeure circumstances;

d) to eliminate within the prescribed period of malfunctions that prevent the use of telematic communication services. Information on the timing of the elimination of faults that prevent the use of communication services is posted on the website of the telecom operator in the information and telecommunication network "Internet";

e) notify the subscriber and (or) the user in a way convenient for them no later than 24 hours in advance about the actions taken in accordance with paragraph 27 of these Rules;

f) resume the provision of telematic communication services to the subscriber and (or) user within a day from the date of submission of documents confirming the liquidation of the debt on payment for these services (in case of suspension of the provision of services);

g) provide for the provision of telematic communication services the allocation of a network address to the subscriber terminal;

h) fulfill the obligations stipulated by subparagraph "n" of paragraph 22 of these Rules;

i) exclude the possibility of access to information systems, network addresses or unified pointers of which the subscriber informs the telecom operator in the form provided for by the contract.

27. The telecom operator has the right:

suspend the provision of telematic communication services to the subscriber and (or) user in case of violation by the subscriber and (or) user of the requirements stipulated by the agreement, as well as in cases established by the legislation of the Russian Federation;

to restrict individual actions of the subscriber and (or) user, if such actions pose a threat to the normal functioning of the communication network.

28. The subscriber is obliged:

a) pay a fee for the telematic communication services rendered to him and other services provided for by the contract in full and within the period stipulated by the contract;

c) notify the telecom operator within a period not exceeding 60 days of the termination of their rights of ownership and (or) use of the premises in which the user (terminal) equipment is installed, as well as a change in the surname (first name, patronymic) and place of residence, name ( company name) and location;

e) take measures to protect the user terminal from the effects of malicious software;

f) prevent the spread of spam and malicious software from its subscriber terminal.

29. The subscriber has the right:

b) appoint, in agreement with the telecom operator, new terms for the provision of telematic communication services, if non-observance of the established term was due to force majeure circumstances;

c) require the telecom operator to exclude the possibility of access to information systems, the network addresses or unified pointers of which the subscriber reports to the telecom operator in the form provided for by the contract.

30. The user is obliged:

a) pay a fee for the telematic communication services provided to him and other services provided for by the contract in full;

b) use user (terminal) equipment and software that meets the established requirements to receive telematic communication services;

c) take measures to protect the user terminal from the effects of malicious software;

d) prevent the spread of spam and malicious software from its subscriber terminal.

31. The user has the right:

a) refuse to pay for telematic communication services not provided for by the contract and provided to him without his consent;

b) appoint, in agreement with the telecom operator, new terms for the provision of telematic communication services, if non-observance of the established term was due to force majeure circumstances.

IV. FORM AND ORDER

PAYMENTS FOR RENDERED TELEMATIC COMMUNICATION SERVICES

32. Payment for the rendered telematic communication services can be carried out according to a subscriber, time-based or combined payment system, according to the volume of received, and (or) transmitted, and (or) sent, and (or) processed, and (or) stored information, or upon the fact of rendering single service.

The telecom operator is not entitled to demand payment for the provision of telematic communication services for the period during which the provision of telematic communication services was suspended in accordance with the legislation of the Russian Federation.

The telecom operator is obliged to maintain personal accounts of subscribers, which reflect the receipt of funds by the telecom operator, as well as the write-off of these funds as payment for telematic communication services provided in accordance with the contract.

33. The fee for providing access to the data transmission network by the telecom operator is charged once.

The tariff for providing access to the data transmission network by the telecom operator is set by the telecom operator independently, unless otherwise provided by the legislation of the Russian Federation.

34. The unit of billing for the consumption of telematic communications services is established by the communications operator. Accounting of communication services consumed by the user is carried out in accordance with the billing unit adopted by the telecom operator.

35. Tariffs and (or) tariff plans for paying for telematic communication services, as well as the cost of an incomplete tariffication unit, are established by the telecom operator, unless otherwise provided by the legislation of the Russian Federation.

36. For citizens using telematic communication services for personal purposes, and for legal entities and citizens using telematic communication services for other purposes, different tariffs and (or) tariff plans may be established for paying for telematic communication services.

The tariff plan may establish differentiated tariffs by time of day, days of the week, weekends and holidays, by the amount of received and (or) transmitted and (or) sent and (or) processed and (or) stored information.

37. Payment for telematic communication services is carried out in Russian rubles in accordance with the tariff and (or) tariff plan chosen by the subscriber and (or) user for paying for telematic communication services.

38. The basis for issuing an invoice to a subscriber or debiting funds from a personal account for the provided telematic communication services is the data obtained using the equipment used by the telecom operator to account for the volume of telematic communication services provided to them.

39. Payment for telematic communication services can be carried out using a payment card.

The payment card contains encoded information that is used to inform the telecom operator of information about the payment for telematic communication services, as well as the following information:

a) the name (company name) of the telecom operator whose telematic communication services can be paid for by using a payment card;

b) the amount of the advance payment, the payment of which is confirmed by the payment card, or the amount of telematic communication services that the user can receive when using it;

c) validity period of the payment card;

d) reference (contact) phone numbers of the telecom operator;

e) rules for using the payment card;

f) payment card identification number;

g) number of the license on the basis of which telematic communication services are provided.

40. The subscriber and (or) the user has the right to apply to the telecom operator with a request for the return of funds deposited by them as an advance payment, including using a payment card.

The telecom operator is obliged to return to the subscriber and (or) the user the unused balance of funds.

41. The invoice issued to the subscriber for the rendered telematic communication services is a settlement document that reflects data on the subscriber's monetary obligations and which contains the following information:

a) details of the telecom operator;

b) information about the subscriber;

c) billing period for which the invoice is issued;

d) subscriber's personal account number;

e) data on the total number of telematic communication services provided for the billing period and the period for the provision of telematic communication services, as well as the volume of each telematic communication service provided to the subscriber;

f) the total amount to be paid;

g) the amount of the balance of funds on the personal account (in case of advance payment);

h) invoice date;

i) due date for payment of the invoice;

j) the amount presented for payment for each type of telematic communications services and services technologically inextricably linked with them;

k) types of telematic communication services rendered.

42. The telecom operator is obliged to ensure the delivery to the subscriber of an invoice for payment for the rendered telematic communication services within 10 days from the date of issuing this invoice.

43. The billing period for which an invoice is issued for the provision of telematic communication services should not exceed one month.

44. At the request of the subscriber, the telecom operator performs account detailing, that is, provides additional information about the telematic communication services provided, for which it may charge a separate fee.

45. The subscriber and (or) user has the right to demand the return of funds paid in advance for the use of telematic communication services for the period when it was not possible to use such telematic communication services through no fault of these subscriber and (or) user.

V. TERMS AND CONDITIONS OF SUSPENSION, MODIFICATION,

TERMINATION AND TERMINATION OF THE AGREEMENT

46. ​​The subscriber has the right to unilaterally terminate the contract at any time, subject to payment of the expenses incurred by the telecom operator for the provision of telematic communication services to him. The procedure for unilateral refusal to perform the contract is determined by the contract.

47. In cases stipulated by the legislation of the Russian Federation, or in case of violation by the subscriber of the requirements established by the agreement, including the payment deadline for the rendered telematic communication services, the telecom operator has the right to suspend the provision of telematic communication services until the violation is eliminated, notifying the subscriber in writing.

If the subscriber does not eliminate the violation within 6 months from the date of receipt of a written notification from the telecom operator about the intention to suspend the provision of telematic communication services, the telecom operator has the right to terminate the contract unilaterally.

48. At the written request of the subscriber, the telecom operator is obliged to suspend the provision of telematic communication services to the subscriber without terminating the contract. In this case, the subscriber is charged for the entire period specified in the application, in accordance with the tariff established for such cases.

49. The validity of an agreement providing for the provision of access to a data transmission network using a subscriber line may be suspended upon a written application of the subscriber in the event of leasing (sub-leasing), leasing (sub-leasing) premises, including residential premises in which a user room is installed ( terminal) equipment, for the term of the lease (sublease), lease (sublease) agreement. An agreement may be concluded with the tenant (sub-tenant), tenant (sub-tenant) of the premises in which the equipment is installed for the duration of the lease (sub-lease), lease (sub-lease) agreement with the allocation for these purposes of the same unique identification code that was allocated at the conclusion the contract whose validity is suspended, or another unique identification code.

50. Amendments to the agreement concluded in writing, including changes relating to the choice by the subscriber of another tariff plan for paying for telematic communication services, are formalized by concluding an additional agreement to the agreement. The fee for changing the tariff plan is not charged from the subscriber.

51. If the introduction of amendments to the contract entailed the need for the telecom operator to perform the relevant work, these works are subject to payment by the party on whose initiative the amendments were made to the contract, unless otherwise provided by the contract.

52. If the subscriber has lost the right to own or use the premises in which the user (terminal) equipment is installed, the contract shall terminate. At the same time, the telecom operator, which is a party to this agreement, at the request of the new owner of the specified premises, is obliged to conclude an agreement with him within 30 days.

If the subscriber's family members remain living in the specified premises, the contract is reissued for one of them with the written consent of other adult family members permanently registered in this premises.

53. Until the expiration of the period for accepting the inheritance, provided for by the Civil Code of the Russian Federation, which includes a room with installed user (terminal) equipment for providing access to the data transmission network, the telecom operator does not have the right to dispose of the technical means intended for connecting this equipment to the transmission network data.

The person who accepted the inheritance, within 30 days from the date of entry into the inheritance, has the right to submit an application to the telecom operator.

The telecom operator is obliged to conclude an agreement with the heir within 30 days from the date of registration of the application.

If the application is not submitted within the prescribed period, the telecom operator has the right to dispose of the technical means intended for connecting the equipment in order to provide access to the data transmission network, at its discretion.

54. At the request of a citizen subscriber, a new citizen subscriber may be indicated in the contract. At the same time, a member of the subscriber's family who is registered at the subscriber's place of residence or who is a member of the common ownership of the premises in which the subscriber terminal is installed can become a new subscriber.

55. In the event of reorganization or renaming of a subscriber - a legal entity (except for reorganization in the form of spin-off or separation), the contract may indicate the successor or new name of the subscriber - legal entity. When a legal entity is reorganized in the form of a spin-off or division, the question of which of the successors should conclude an agreement is decided in accordance with the separation balance sheet, which determines which of the successors will receive the premises with the installed user (terminal) equipment.

VI. PROCEDURE FOR SUBMISSION AND CONSIDERATION OF CLAIMS

56. The subscriber and (or) user has the right to appeal against the decision and action (inaction) of the telecom operator related to the provision of telematic communication services.

57. The telecom operator is obliged to have a book of complaints and suggestions and issue it at the first request of the subscriber and (or) user.

58. The consideration of the complaint of the subscriber and (or) the user is carried out in the manner established by the legislation of the Russian Federation.

59. In case of non-fulfillment or improper fulfillment by the telecom operator of obligations to provide telematic communication services, the subscriber and (or) user, before applying to the court, file a claim with the telecom operator.

60. The claim is presented in writing and is subject to registration on the day it is received by the telecom operator.

Claims on issues related to the refusal to provide telematic communication services, with untimely or improper fulfillment of obligations arising from the contract, are presented within 6 months from the date of provision of telematic communication services, refusal to provide them or invoicing for the rendered service.

The claim shall be accompanied by a copy of the contract (if the contract is concluded in writing), as well as other documents necessary for the consideration of the claim, in which evidence of non-fulfillment or improper fulfillment of obligations under the contract must be presented, and in the event of a claim for damages - information on the amount the damage caused.

61. The claim is considered by the telecom operator within a period not exceeding 60 days from the date of registration of the claim.

The telecom operator must inform the subscriber and (or) user who submitted it in writing about the results of the consideration of the claim.

If the claim is recognized by the telecom operator as justified, the shortcomings identified in the provision of telematic communication services are subject to elimination within a reasonable time, appointed by the subscriber and (or) user.

The requirements of the subscriber and (or) user to reduce the amount of payment for the rendered telematic communication services, to reimburse the costs of eliminating deficiencies on their own or by third parties, as well as to return the funds paid for the provision of telematic communication services and to compensate for losses caused in connection with the refusal to provide telematic communication services, recognized by the telecom operator as justified, are subject to satisfaction within 10 days from the date of their recognition as justified.

VII. RESPONSIBILITIES OF THE PARTIES

62. For non-fulfillment or improper fulfillment of obligations under the contract, the telecom operator shall be liable to the subscriber and (or) user in the following cases:

a) violation of the terms for providing access to the data transmission network using the subscriber line;

b) violation of the deadlines for the provision of telematic communication services provided for by the agreement;

c) non-provision of telematic communication services stipulated by the contract;

d) low-quality provision of telematic communication services;

e) violation of the established restrictions on the dissemination of information about a citizen subscriber that became known to the telecom operator due to the execution of the contract.

63. In case of violation by the telecom operator of the established terms for the provision of telematic communication services, a citizen subscriber, at his choice, has the right to:

a) assign a new period to the telecom operator, during which the telematic communication service must be provided;

b) entrust the provision of telematic communications services to third parties at a reasonable price and require the communications operator to reimburse the costs incurred;

c) demand a reduction in the cost of telematic communications services;

d) cancel the contract.

64. In case of violation of the terms for providing access to the data transmission network, the telecom operator shall pay the citizen subscriber a penalty in the amount of 3 percent of the fee for providing access to the data transmission network for each day of delay until the start of providing access to the data transmission network, if a higher penalty is not specified in the contract, but not more than the amount of the fee stipulated by the contract.

65. In case of violation by the telecom operator of the established terms for the provision of telematic communication services, the subscriber and (or) user has the right to demand full compensation for losses caused to them in connection with the violation of the specified terms.

66. In the cases specified in subparagraphs "c" and "d" of paragraph 62 of these Rules, the subscriber and (or) user has the right to demand at their choice:

a) gratuitous elimination of deficiencies identified in the provision of telematic communication services;

b) a corresponding reduction in the cost of providing telematic communication services;

c) reimbursement of expenses incurred by him to eliminate, on his own or by third parties, the shortcomings identified in the provision of telematic communication services.

67. In case of violation by the telecom operator of the established restrictions on the dissemination of information about the citizen subscriber, which became known to him due to the execution of the contract, the telecom operator, at the request of the citizen subscriber, compensates for the losses caused by these actions.

68. The telecom operator is not responsible for the content of information transmitted (received) by the subscriber and (or) user when using telematic communication services.

69. The subscriber and (or) the user is responsible to the telecom operator in the following cases:

a) non-payment, incomplete or untimely payment for telematic communication services;

b) violation of the rules for the operation of user (terminal) equipment and (or) subscriber terminal;

c) violation of the ban on connecting user (terminal) equipment that does not meet the established requirements;

d) committing actions that lead to disruption of the functioning of the communication facilities and the communication network of the communication operator.

70. In the cases specified in subparagraphs "b" - "d" of paragraph 69 of these Rules, the telecom operator has the right to apply to the court with a claim for compensation for losses caused by such actions of the subscriber and (or) user.

71. In case of non-payment, incomplete or late payment for telematic communication services, the subscriber shall pay to the telecom operator a penalty in the amount of 1 percent of the cost of unpaid, incompletely paid or untimely paid telematic communication services, if a smaller amount is not specified in the contract, for each day of delay up to date of repayment of the debt, but not more than the amount payable.

72. In case of non-submission, incomplete or untimely submission of information on the provision of telematic communication services, the citizen-subscriber and (or) user has the right to refuse to fulfill the contract and apply to the court with a claim for the return of funds paid for the provided telematic communication services, and for reimbursement of incurred losses.

73. The parties to the contract shall be released from liability for non-fulfillment or improper fulfillment of obligations under the contract if they prove that their non-fulfillment or improper fulfillment occurred due to force majeure circumstances or through the fault of the other party.

GOVERNMENT OF THE RUSSIAN FEDERATION

ABOUT THE APPROVAL OF THE RULES

In accordance with the Federal Law "On Communications" and the Law of the Russian Federation "On Protection of Consumer Rights", the Government of the Russian Federation decides:
1. Approve the attached Rules for the provision of telematic communication services and put them into effect from January 1, 2008.
2. Subparagraphs "a" - "c" of paragraph 4 of Section XVI of the lists of licensed conditions for carrying out activities in the field of the provision of relevant communication services, approved by Decree of the Government of the Russian Federation of February 18, 2005 N 87 "On approval of the list of names of communication services included in licenses , and lists of license terms" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2005, No. 9, Art. 719; 2006, No. 2, Art. 202) shall be amended as follows:
"a) access to the licensee's communications network;
b) access to information systems of information and telecommunication networks, including the Internet;
c) receiving and transmitting telematic electronic messages.".

Prime Minister
Russian Federation
M. FRADKOV

Approved
Government Decree
Russian Federation
of September 10, 2007 N 575

RULES
PROVISION OF TELEMATIC COMMUNICATION SERVICES

I. GENERAL PROVISIONS

1. These Rules govern the relationship between a subscriber or user, on the one hand, and a telecom operator providing telematic communication services (hereinafter referred to as the telecom operator), on the other hand, when providing telematic communication services.
2. The concepts used in these Rules mean the following:
- "subscriber" - a user of telematic communications services with whom a paid agreement has been concluded for the provision of telematic communications services with the allocation of a unique identification code (hereinafter referred to as the agreement);
- "subscriber line" - a communication line connecting the user (terminal) equipment with a communication node of a data transmission network;
- "subscriber interface" - technical and technological parameters of physical circuits connecting the means of communication of the telecom operator with the user (terminal) equipment, as well as a formalized set of rules for their interaction;
- "subscriber terminal" - a set of hardware and software used by a subscriber and (or) user when using telematic communication services for transmitting, receiving and displaying electronic messages and (or) generating, storing and processing information contained in an information system;
- "malicious software" - software that purposefully leads to a violation of the legal rights of the subscriber and (or) user, including the collection, processing or transmission of information from the subscriber terminal without the consent of the subscriber and (or) user, or to the deterioration of the functioning parameters subscriber terminal or communication network;
- "payment card" - a means that allows the subscriber and (or) user to use telematic communication services, identifying the subscriber and (or) user for the telecom operator as payers;
- "user of telematic communication services" - a person ordering and (or) using telematic communication services;
- "information system" - a set of information contained in databases and information technologies and technical means that ensure its processing;
- "information and telecommunications network" - a technological system designed to transmit information over communication lines, access to which is carried out using computer technology;
- "providing access to information systems of the information and telecommunication network" - ensuring the possibility of receiving and transmitting telematic electronic messages (exchange of telematic electronic messages) between the subscriber terminal and the information system of the information and telecommunication network;
- "providing access to the data transmission network" - a set of actions of the telecom operator to form a subscriber line, connect with its help the user (terminal) equipment to the communication node of the data transmission network, or to provide the possibility of connecting the user (terminal) equipment to the data transmission network using telephone connection or connection via another data transmission network in order to ensure the possibility of providing the subscriber and (or) user of telematic communication services;
- "exchange protocol" - a formalized set of requirements for the structure of a telematic electronic message and the algorithm for exchanging telematic electronic messages;
- "network address" - a number from the numbering resource of the data transmission network, which uniquely identifies the subscriber terminal or communication means included in the information system when providing telematic communication services;
- "spam" - a telematic electronic message intended for an indefinite circle of persons, delivered to a subscriber and (or) user without their prior consent and not allowing to determine the sender of this message, including due to the indication of a non-existent or falsified sender's address in it;
- "tariff plan" - a set of price conditions under which the telecom operator offers to use one or more telematic communication services;
- "telematic electronic message" - one or more telecommunication messages containing information structured in accordance with the exchange protocol supported by the interacting information system and the subscriber terminal;
- "technical possibility of providing access to the data transmission network" - the simultaneous presence of an unused mounted capacity of a communication node, in the coverage area of ​​​​which the user (terminal) equipment is requested to connect to the data transmission network, and unused communication lines, allowing the formation of a subscriber communication line between the communication node and user (terminal) equipment;

Decree of the Government of the Russian Federation of September 10, 2007 N 575
(as amended on 03.02.2016)
"On approval of the Rules for the provision of telematic communication services"

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Save date: 07/20/2016

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ABOUT THE APPROVAL OF THE RULES

List of changing documents

In accordance with the Federal Law "On Communications" and the Law of the Russian Federation "On Protection of Consumer Rights", the Government of the Russian Federation decides:

1. Approve the attached Rules for the provision of telematic communication services and put them into effect from January 1, 2008.

2. Subparagraphs "a" - "c" of paragraph 4 of Section XVI of the lists of license conditions for the implementation of activities in the field of the provision of relevant communication services, approved by the Decree of the Government of the Russian Federation of February 18, 2005

DECISION "ON APPROVAL OF THE RULES FOR PROVIDING TELEMATIC COMMUNICATION SERVICES"

N 87 "On approval of the list of names of communication services included in licenses and lists of license conditions" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2005, N 9, Art. 719; 2006, N 2, Art. 202) shall be amended as follows:

"a) access to the licensee's communications network;

b) access to information systems of information and telecommunication networks, including the Internet;

c) receiving and transmitting telematic electronic messages.".

Prime Minister

Russian Federation

M. FRADKOV

Approved

Government Decree

Russian Federation

RULES

PROVISION OF TELEMATIC COMMUNICATION SERVICES

List of changing documents

(as amended by Decrees of the Government of the Russian Federation of February 16, 2008 N 93,

dated 31.07.2014 N 758, dated 12.08.2014 N 801,

dated 19.02.2015 N 140, dated 03.02.2016 N 57)

I. GENERAL PROVISIONS

1. These Rules govern the relationship between a subscriber or user, on the one hand, and a telecom operator providing telematic communication services (hereinafter referred to as the telecom operator), on the other hand, when providing telematic communication services.

2. The concepts used in these Rules mean the following:

"subscriber" - a user of telematic communications services with whom a paid agreement has been concluded for the provision of telematic communications services with the allocation of a unique identification code (hereinafter referred to as the agreement);

"subscriber line" - a communication line connecting the user (terminal) equipment with a communication node of a data transmission network;

"subscriber interface" - technical and technological parameters of the physical circuits connecting the means of communication of the telecom operator with the user (terminal) equipment, as well as a formalized set of rules for their interaction;

"subscriber terminal" - a set of hardware and software used by the subscriber and (or) user when using telematic communication services for the transmission, reception and display of electronic messages and (or) the formation, storage and processing of information contained in the information system;

"malicious software" - software that purposefully leads to a violation of the legal rights of the subscriber and (or) user, including the collection, processing or transmission of information from the subscriber terminal without the consent of the subscriber and (or) user, or to the deterioration of the functioning parameters of the subscriber terminal or communication network;

"payment card" - a means that allows the subscriber and (or) user to use telematic communication services, identifying the subscriber and (or) user for the telecom operator as payers;

"user of telematic communication services" - a person ordering and (or) using telematic communication services;

"information system" - a set of information contained in databases and information technologies and technical means that ensure its processing;

"information and telecommunications network" - a technological system designed to transmit information over communication lines, access to which is carried out using computer technology;

"providing access to information systems of the information and telecommunication network" - ensuring the possibility of receiving and transmitting telematic electronic messages (exchange of telematic electronic messages) between the subscriber terminal and the information system of the information and telecommunication network;

"providing access to the data transmission network" - a set of actions of the telecom operator to form a subscriber line, connect with its help the user (terminal) equipment to the communication node of the data transmission network, or to provide the possibility of connecting the user (terminal) equipment to the data transmission network using a telephone connections or connections via another data transmission network in order to ensure the possibility of providing the subscriber and (or) user of telematic communication services;

"exchange protocol" - a formalized set of requirements for the structure of a telematic electronic message and the algorithm for exchanging telematic electronic messages;

"network address" - a number from the numbering resource of the data transmission network, which uniquely identifies the subscriber terminal or communication facilities included in the information system when providing telematic communication services;

"spam" - a telematic electronic message intended for an indefinite circle of persons, delivered to a subscriber and (or) user without their prior consent and not allowing to determine the sender of this message, including due to the indication of a non-existent or falsified sender's address in it;

"tariff plan" - a set of price conditions under which the telecom operator offers to use one or more telematic communication services;

"telematic electronic message" - one or more telecommunication messages containing information structured in accordance with the exchange protocol supported by the interacting information system and the subscriber terminal;

"technical possibility of providing access to the data transmission network" - the simultaneous presence of an unused mounted capacity of the communication node, in the coverage area of ​​​​which the connection of the user (terminal) equipment to the data transmission network is requested, and idle communication lines, allowing the formation of a subscriber communication line between the communication node and the user (terminal) equipment;

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