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

Decree of the Government of the Russian Federation of September 10, 2007 N 575
(as amended on 02/03/2016)
"On approval of the Rules for the provision of telematic communication services"

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GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ABOUT APPROVAL OF THE RULES

List of changing documents

In accordance with the Federal Law "On Communications" and the Law of the Russian Federation "On the 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 licensing conditions for carrying out activities in the field of providing relevant communication services, approved by the Decree of the Government of the Russian Federation of February 18, 2005.

RESOLUTION "ON APPROVAL OF RULES FOR PROVISION OF TELEMATIC COMMUNICATION SERVICES"

N 87 “On approval of the list of names of communication services included in licenses and lists of license conditions” (Collected Legislation of the Russian Federation, 2005, N 9, Art. 719; 2006, N 2, Art. 202), stated as follows:

"a) access to the licensee’s communication network;

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

c) receiving and transmitting telematic electronic messages."

Chairman of the Government

Russian Federation

M.FRADKOV

Approved

Government Decree

Russian Federation

RULES

PROVISION OF TELEMATIC COMMUNICATION SERVICES

List of changing documents

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

dated July 31, 2014 N 758, dated August 12, 2014 N 801,

dated 02/19/2015 N 140, dated 02/03/2016 N 57)

I. GENERAL PROVISIONS

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

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

“subscriber” is a user of telematic communication services with whom a paid agreement has been concluded for the provision of telematic communication 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 the communication node of the data transmission network;

“subscriber interface” - technical and technological parameters of physical circuits connecting the communications operator’s communications equipment 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 transmitting, receiving and displaying electronic messages and (or) generating, storing and processing information contained in the information system;

"malware" - 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 terminal or communication network;

“payment card” is a means that allows the subscriber and (or) user to use telematic communication services, identifying the subscriber and (or) user to 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” - providing the ability to receive and transmit 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 a data network” - a set of actions by a telecom operator to form a subscriber line, connect user (terminal) equipment with its help to a communication node of a data network, or provide the ability to connect user (terminal) equipment to a data 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 with telematic communication services;

“exchange protocol” is 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” is a telematic electronic message intended for an indefinite number of persons, delivered to the subscriber and (or) user without their prior consent and does not allow identifying the sender of this message, including due to the indication of a non-existent or falsified sender’s address;

“tariff plan” - a set of price conditions under which a 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 feasibility of providing access to the data transmission network” - the simultaneous presence of unused mounted capacity of the communication node, in the coverage area of which the connection of user (terminal) equipment to the data transmission network is requested, and unused communication lines that allow the formation of a subscriber communication line between the communication node and the user (terminal) equipment;

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Decree of the Government of the Russian Federation of September 10, 2007 No. 575 On approval of the Rules for the provision of telematic communication services

In accordance with the Federal Law "On Communications" and the Law of the Russian Federation "On the 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 carrying out activities in the field of providing 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 licensing conditions" (Collected Legislation of the Russian Federation, 2005, No. 9, Art. 719; 2006, No. 2, Art. 202), stated as follows:

"a) access to the licensee’s communication network;

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

c) receiving and transmitting telematic electronic messages."

Chairman of the Government

Russian Federation M. Fradkov

^ Rules for the provision of telematic communication services

I. General provisions

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

“subscriber” - a user of telematic communication services with whom a paid agreement has been concluded for the provision of telematic communication 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 the communication node of the data transmission network;

“subscriber terminal” - a set of hardware and software used by the 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 the information system;

"malware" - software that deliberately 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 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 to 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” - providing the ability to receive and transmit telematic electronic messages (exchange of telematic electronic messages) between the subscriber terminal and the information system of the information and telecommunication network;

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

“spam” is a telematic electronic message intended for an indefinite number of persons, delivered to the subscriber and (or) user without their prior consent and not allowing the sender of this message to be determined, including due to the indication of a non-existent or falsified sender’s address;

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

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

"unified index" - a set of letters, numbers, symbols that uniquely define an information system in an information and telecommunication network with a format specific to such a network.

3. When carrying out relationships between a telecom operator and a 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 telecom operator is obliged to ensure the confidentiality of communications.

Information about 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 an agreement.

Information about the citizen subscriber and (or) citizen user that became known to the telecom operator during the execution of the contract 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.

The consent of the citizen subscriber and (or) citizen user to the processing of their (his) personal data in order for the telecom operator to make payments for the provided communication services, as well as to consider claims, is not required.

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

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

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

7. The telecom operator provides the subscriber and (or) 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 agreement.

8. A telecommunications operator can 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, unless this requires 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. The information and reference service system provides paid and free information and reference services.

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

a) providing information about the telematic communication services provided;

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

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

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

e) provision of information on the settings of the subscriber 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 paid information and reference services provided and the time of their provision.

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

a) the name (company name) of the telecom operator, a list of its branches, their locations and operating hours;

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

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

d) the range of values of quality of service indicators provided by the data transmission network, within which the subscriber has the right to establish the values he needs in the contract;

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

f) tariffs for telematic communication services;

g) the procedure, form and tariff plans for payment 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;

liability of the operator of telematic communication services to the subscriber and (or) user for actions or inactions that contribute 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, with additional information about the provision of telematic communication services.

Information is brought to the attention of the subscriber and (or) user through the media or information and reference service system in Russian (if necessary in other languages) free of charge in a clear and accessible form.

^ II. Procedure and conditions for concluding an agreement

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

17. The agreement is concluded by implementing implicit actions or in writing in 2 copies, one of which is handed over to the subscriber. The procedure for carrying out implied actions, as well as their list, are established by the offer.

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

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

To conclude an agreement providing access to a data network using a subscriber line, a person who intends to enter into an agreement (hereinafter referred to as the applicant) submits to the telecom operator an application for concluding an agreement (hereinafter referred to as the application).

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

The telecom operator does not have the right 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 the availability of technical capabilities to provide access to the data network. If available, the telecom operator enters into an agreement with the applicant.

20. The telecom operator has the right to refuse to conclude an agreement if there is no technical capability to provide access to the data network. In this case, the telecom operator is obliged to inform the applicant in writing about its refusal within a period not exceeding 10 days from the date of completion of the inspection provided for in paragraph 19 of these Rules.

In case of refusal or evasion of the telecom operator from concluding an agreement, 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 ability to provide access to the data network lies with the telecom operator.

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

the citizen presents a document proving his identity;

a representative of a legal entity presents a document confirming his powers (power of attorney or 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 business activities is a public agreement and is concluded for an indefinite period. At the request of the applicant, a fixed-term contract may be concluded with him.

22. An agreement concluded in writing must indicate:

a) date and place of conclusion of the contract;

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

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

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

e) subscriber information:

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

name (company name), location, place of state registration - 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 user (terminal) equipment and description of the subscriber line (when accessing the data network using a 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 technologically inextricably linked services are provided;

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

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

k) 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 impede the use of telematic communication services;

l) duration of the contract;

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

23. The contract must indicate the following essential conditions:

a) the composition of the telematic communication services provided;

b) subscriber interfaces used;

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

d) procedure, term and form of payments.

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

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

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

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ABOUT APPROVAL OF THE RULES

List of changing documents

In accordance with the Federal Law "On Communications" and the Law of the Russian Federation "On the 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.

"a) access to the licensee’s communication network;

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

c) receiving and transmitting telematic electronic messages."

Chairman of the Government

Russian Federation

M.FRADKOV

Approved

Government Decree

Russian Federation

RULES

PROVISION OF TELEMATIC COMMUNICATION SERVICES

List of changing documents

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

dated July 31, 2014 N 758, dated August 12, 2014 N 801,

dated 02/19/2015 N 140, dated 02/03/2016 N 57)

I. GENERAL PROVISIONS

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

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

“payment card” - a means that allows the subscriber and (or) user to use telematic communication services, identifying the subscriber and (or) user to 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;

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

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

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

"subscriber"- a user of telematic communication services with whom a paid agreement has been concluded for the provision of telematic communication 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 the communication node of the data transmission network;

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

"Information system"- the totality of information contained in databases and information technologies and technical means that ensure its processing;

"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;

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

3. When conducting relationships, the Russian language is used.

4. The telecom operator is obliged to ensure the confidentiality of communications.

5. In emergency situations, the telecom operator has the right to temporarily stop or limit the provision of telematic communication services.

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

7. The telecom operator provides communication 24 hours a day.

26. The telecom operator is obliged:

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

b) notify the subscriber and (or) user in places of work with subscribers and (or) users, through the media and (or) information systems about changes in tariffs and (or) tariff plans for paying for telematic communication services at least 10 days in advance before the introduction of new tariffs and (or) tariff plans;

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 contract, as well as in cases established by the legislation of the Russian Federation;

28. The subscriber is obliged:

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

29. The subscriber has the right:

b) set, in agreement with the telecom operator, new deadlines for the provision of telematic communication services, if failure to comply with the established deadline was due to force majeure circumstances;

30. The user is obliged:

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

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

31. The user has the right:

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

Decree of the Government of the Russian Federation of September 10, 2007 N 575 Moscow

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

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

Designation:	Resolution 575
Russian name:	On approval of the Rules for the provision of telematic communication services
Status:	active
Date of text update:	01.10.2008
Date added to the database:	01.02.2009
Effective date:	01.01.2008
Designed by:	Government of the Russian Federation
Approved:	Government of the Russian Federation (10.09.2007)
Published:	Collection of legislation of the Russian Federation No. 38 2007 Russian business newspaper No. 36 2007 magazine "SvyazInform" No. 11 2007

Decree of the Government of the Russian Federation of September 10, 2007 N575
"On approval of the Rules for the provision of telematic communication services"

In accordance with Federal Law "Osvyazi" and the Law of the Russian Federation "On the 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 on January 1, 2008.

2. Subparagraphs “a” - “c” of paragraph 4 of section XVI of the lists of license conditions for carrying out activities in the field of provision of relevant communication services, approved by Decree of the Government of the Russian Federation of February 18, 2005 N87 “On approval of the list of names of communication services included in licenses, and lists of license conditions "(Collected Legislation of the Russian Federation, 2005, No. 9, Art. 719; 2006, No. 2, Art. 202), stated as follows:

“a) access to the licensee’s communication network;

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

c) receiving and transmitting telematic electronic messages."

Rules for the provision of telematic communication services
(approved by Decree of the Government of the Russian Federation of September 10, 2007 N 575)

I. General provisions

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

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

“subscriber” is a user of telematic communication services with whom a paid agreement has been concluded for the provision of telematic communication services with a unique identification code (hereinafter referred to as the agreement);

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

"subscriber interface" - technical and technological parameters of physical circuits connecting the communications operator's communications equipment 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 the 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 the information system;

“malware” - 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 telecommunication 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 a data network” - a set of actions by a telecom operator to form a subscriber line, connect user (terminal) equipment with its help to a communication node of a data network, or provide the ability to connect user (terminal) equipment to a data network using a telephone connection or a telephone connection another data transmission network in order to ensure the possibility of providing the subscriber and (or) user with telematic communication services;

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

“spam” is a telematic electronic message intended for an unknown person, delivered to a subscriber and (or) user without their prior consent and not allowing the sender of this message to be determined, including due to the indication of a non-existent or falsified sender’s address;

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

"unified index" - a set of letters, numbers, symbols that uniquely define an information system in an information and telecommunication network with a format specific to such a network.

3. In the implementation of relationships between the telecom operator and the subscriber and (or) user that arise during the provision of telematic communication services on the territory of the Russian Federation, the Russian language is used.

4. The telecom operator is obliged to ensure the confidentiality of communications.

Information on 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 an agreement.

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

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

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

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

8. A telecommunications operator can 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 the requirements stipulated by these Rules are met. 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.

10. The information and reference service system provides paid and free information and reference services.

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

a) providing information about the telematic communication services provided;

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

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

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

e) providing information on the settings of the subscriber 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 auto-informers 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 paid information and reference services provided and the time of their provision.

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

a) the name (company name) of the telecom operator, a list of its branches, their locations and operating hours;

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

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

d) the range of values of quality of service indicators provided by the data transmission network, within which the subscriber has the right to establish the values he needs in the contract;

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

f) tariffs for telematic communication services;

g) procedure, form and tariff plans for payment 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:

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

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

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

II. Procedures for concluding a contract

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

17. The agreement is concluded by implication or in writing in 2 copies, one of which is handed to the subscriber. The procedure for carrying out conclusive actions, as well as their list, are established by the offer.

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

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

The telecom operator does not have the right to refuse the applicant to accept and consider the application.

20. The telecom operator has the right to refuse to conclude an agreement if there is no technical capability to provide access to the data network. In this case, the telecom operator is obliged to inform the applicant in writing about his refusal within a period not exceeding 10 days from the date of completion of the inspection provided for in paragraph 19 of these Rules.

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

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

the citizen presents a document proving his identity;

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

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

22. An agreement concluded in writing must indicate:

a) date and place of conclusion of the contract;

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

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

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

e) subscriber information:

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

name (company name), location, place of state registration - 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 addresses of user (terminal) equipment and description of the subscriber line (when accessing the data network using a 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 technologically inextricably linked services are provided;

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

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

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

l) duration of the contract;

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

23. The agreement must indicate the following essential conditions:

a) the composition of telematic communication services provided;

b) subscriber interfaces used;

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

d) procedure, term and form of payments.

Under an agreement concluded by an authorized third party on behalf 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 does not have the right to impose on the subscriber and (or) user the provision of other services for a fee.

III. Procedures for the conditions of execution of the contract

Rights and obligations of the parties when executing the contract

26. The telecom operator is obliged:

b) notify the subscriber and (or) user in places of work with subscribers and (or) users, through the media and (or) information systems about changes in tariffs and (or) tariff plans for paying for telematic communication services at least 10 days before the introduction of new ones tariffs and (or) tariff plans;

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

d) eliminate within a specified period of time any malfunctions that impede the use of telematic communication services;

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

f) resume the provision of telematic communication services to the subscriber and (or) user within 24 hours from the date of provision of documents confirming the liquidation of debt for payment for these services (in case of suspension of the provision of services);

g) ensure, in order to provide telematic communication services, the allocation of a network address to the subscriber terminal;

h) fulfill the obligations provided for in subparagraph "n" of these Rules;

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

27. The telecom operator has the right:

implement restrictions on 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 to:

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

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

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

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

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

29. The subscriber has the right:

c) demand from the telecom operator to exclude the possibility of access to information systems, the network addresses or unified indicators of which the subscriber communicates to the telecom operator in the form provided for by the contract.

30.The user is obliged:

a) pay for the telematic communication services provided to him and other services provided for in 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 subscriber terminal from the effects of malicious software;

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

31.The user has the right:

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

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

32. Payment for telematic communication services provided can be made using a subscriber, time-based or combined payment system, based on the volume of received, and (or) transmitted, and (or) sent, and (or) processed, and (or) stored information, or based on the provision of a single service .

The telecommunications operator has no right 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 to the telecom operator, as well as the debiting of these funds as payment for telematic communication services provided in accordance with the agreement.

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

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

34. The tariff unit for consumption of telematic communication services is established by the telecom operator. Accounting for communication services consumed by the user is maintained in accordance with the tariff unit adopted by the telecom operator.

35. Tariffs and (or) tariff plans for payment for telematic communication services, as well as the cost of an incomplete tariff 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 payment of telematic communication services.

The tariff plan may establish differentiated tariffs by time of day, days of the week, weekends and holidays, according to the volume 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 payment of telematic communication services.

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

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

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

a) the name (company name) of the telecommunications 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 volume 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 a payment card;

f) payment card identification number;

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

40. The subscriber and (or) user have the right to contact the telecom operator with a demand for a refund of the funds they paid as an advance payment, including using a payment card.

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

41. An invoice issued to a subscriber for telematic communication services provided is a settlement document that reflects data on the subscriber’s monetary obligations and contains the following information:

a) details of the communication operator;

b) information about the subscriber;

c) the 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 of provision of telematic communication services, as well as the volume of each telematic communication service provided to the subscriber;

f) the total amount presented for payment;

g) the amount of funds remaining on the personal account (for an advance payment);

h) date of invoice;

i) due date for payment of the invoice;

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

k) types of telematic communication services provided.

42. The telecom operator is obliged to ensure delivery to the subscriber of an invoice for payment for telematic communication services provided within 10 days from the date of issue of 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 details the invoice, that is, provides additional information about the telematic communication services provided, for which he may set a separate fee.

45. The subscriber and (or) user has the right to demand a refund 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 this subscriber and (or) user.

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

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

47. In cases provided for by the legislation of the Russian Federation, or in the event of a violation by the subscriber of the requirements established by the contract, including the payment period for telematic communication services provided, the telecommunications 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 notice from the telecom operator of the intention to suspend the provision of telematic communication services, the telematics operator has the right to terminate the contract unilaterally.

48. Upon a written application from the subscriber, the telecom operator is obliged, without terminating the contract, to suspend the provision of telematic communication services to the subscriber. 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 network using a subscriber line may be suspended upon written application of the subscriber in the case of leasing (subleasing), leasing (subleasing) premises, including residential premises in which user (terminal) equipment is installed , for the duration of the lease (sublease), lease (sublease) agreement. An agreement may be concluded with the tenant (subtenant), tenant (subtenant) of the premises in which the equipment is installed for the duration of the rental (sublease), lease (sublease) agreement with the allocation for these purposes of the same unique identification code that was allocated at the conclusion of the agreement, action which is suspended, or another unique identification code.

50. Amendments to an agreement concluded in writing, including changes relating to the subscriber’s choice of a different tariff plan for paying for telematic communication services, are formalized by concluding an additional agreement to the agreement. There is no fee for changing the tariff plan from the subscriber.

51. If amendments to the contract entail the need for the telecom operator to perform the relevant work, these works are subject to payment by the party on whose initiative the changes 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 agreement is terminated. In this case, the telecom operator, which is a party to this agreement, is obliged to conclude an agreement with him within 30 days at the request of the new owner of the specified premises.

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

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

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

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 equipment in order to provide access to the data network, at its discretion.

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

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

VI. Procedure for submitting and considering claims

56. The subscriber and (or) user has the right to appeal the decision and action (inaction) of the telecommunications 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 upon the first request of the subscriber and (or) user.

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

59. If the telecom operator fails to fulfill or improperly fulfills its obligations to provide telematic communication services, the subscriber and (or) user, before going to court, submit a claim to the telematics operator.

60. The claim must be submitted in writing and must be registered on the day it is received by the telecom operator.

Claims regarding issues related to the refusal to provide telematic communication services, untimely or improper fulfillment of obligations arising from the agreement are made within 6 months from the date of provision of telematic communication services, refusal to provide them or issuance of an invoice for the service provided.

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

61. The claim is considered by the telecom operator within no more than 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 deficiencies identified during the provision of telematic communication services must be eliminated within a reasonable time specified by the subscriber and (or) user.

Requirements of the subscriber and (or) user for a reduction in the amount of payment for telematic communication services provided, for reimbursement of expenses for eliminating deficiencies on their own or by third parties, as well as for the return of funds paid for the provision of telematic communication services and compensation 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 they are recognized as justified.

VII. Responsibility of the parties

62. For failure to fulfill or improper fulfillment of obligations under the contract, the telecom operator is liable to the subscriber and (or) user in the following cases:

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

b) violation of the contractual terms for the provision of telematic communication services;

c) failure to provide telematic communication services provided for in the contract;

d) poor quality of telematic communication services;

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

63. If the telematics operator violates the established deadlines for the provision of telematic communication services, the subscriber-citizen, at his choice, has the right to:

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

b) entrust the provision of telematic communication services to third parties for a reasonable price and demand reimbursement of expenses incurred from the telecommunications operator;

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

d) terminate the contract.

64. If the deadline for providing access to the data network is violated, the telecom operator pays the citizen subscriber a penalty in the amount of 3 percent of the fee for providing access to the data network for each day of delay until the start of providing access to the data network, unless a higher amount of the penalty is specified in the contract, but no more than the amount of payment provided for in the contract.

65. In case of violation by the telecom operator of the established deadlines 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 deadlines.

66. In the cases specified in subparagraphs “c” and “d” of these Rules, the subscriber and (or) user have the right to demand, at their choice:

a) free of charge elimination of deficiencies identified during 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, deficiencies 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 that became known to him due to the execution of the contract, the telecom operator, at the request of the citizen subscriber, shall compensate 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) user are 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 of 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 leading to disruption of the functioning of communications equipment and the communications network of the communications operator.

70. In the cases specified in subparagraphs "b" - "d" of these Rules, the telecom operator has the right to file a claim in court 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 the telematics operator a penalty in the amount of 1 percent of the cost of unpaid, incompletely paid or untimely paid telematic communication services, unless a smaller amount is specified in the contract, for each day of delay until the day the debt is repaid, but no more than the amount payable.

72. In case of failure to provide, incomplete or untimely provision 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 file a claim in court for the return of funds paid for the telematic communication services provided and for compensation for losses incurred.

73. The parties to the contract are 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 the fault of the other party.

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

RESOLUTION "ON APPROVAL OF RULES FOR PROVISION OF TELEMATIC COMMUNICATION SERVICES"

Organization of access to information resources via the Internet

Additional agreement to the Agreement About providing services communications"Home Internet" Open Joint Stock Company "...

Forecast of socio-economic development Russian federations for 2014 and for the planning period 2015 and 2016

... report, subject to disclosure in accordance with the law Russian Federation about securities

26. The telecom operator is obliged:

27. The telecom operator has the right:

Rules for the provision of telematic communication services
(approved by Decree of the Government of the Russian Federation of September 10, 2007 N 575)

I. General provisions

II. Procedures for concluding a contract

III. Procedures for the conditions of execution of the contract

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

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

VI. Procedure for submitting and considering claims

VII. Responsibility of the parties

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

RESOLUTION "ON APPROVAL OF RULES FOR PROVISION OF TELEMATIC COMMUNICATION SERVICES"

Organization of access to information resources via the Internet

Additional agreement to the Agreement About providing services communications"Home Internet" Open Joint Stock Company "...

Forecast of socio-economic development Russian federations for 2014 and for the planning period 2015 and 2016

... report, subject to disclosure in accordance with the law Russian Federation about securities

26. The telecom operator is obliged:

27. The telecom operator has the right:

Rules for the provision of telematic communication services (approved by Decree of the Government of the Russian Federation of September 10, 2007 N 575)

I. General provisions

II. Procedures for concluding a contract

III. Procedures for the conditions of execution of the contract

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

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

VI. Procedure for submitting and considering claims

VII. Responsibility of the parties

Rules for the provision of telematic communication services
(approved by Decree of the Government of the Russian Federation of September 10, 2007 N 575)