Unofficial translation
Footnote. The heading - as amended by the Order of the Minister of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan № 471/НҚ dated 29.11.2022 (shall be enforced from 01.01.2023).
In accordance with subparagraph 4 of Article 7 of the Law of the Republic of Kazakhstan dated November 24, 2015 “On information”, I hereby ORDER:
1. To approve the attached Rules for the creation, development, operation, and acquisition of informatization objects of "electronic government", as well as information and communication services.
Footnote. Paragraph 1 - as amended by the Order of the Minister of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan dated 29.11.2022 № 471/НҚ (shall be enforced from 01.01.2023).2. The committee on communication, informatization and information of the Ministry for Investments and Development of the Republic of Kazakhstan (T.B. Kazangap) shall:
1) provide the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) send the copy of the order in a print and electronic variant for official publication in periodicals and the information and legal system "Adilet" within ten calendar days after the state registration with the Ministry of Justice of the Republic of Kazakhstan, as well as to the National Legal Information Center within ten calendar days from the date of receipt of the registered order for inclusion in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;
3) place this order on the Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan and on the intranet portal of state bodies;
4) within ten working days after the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, submit to the Legal Department of the Ministry for Investments and Development of the Republic of Kazakhstan information on the execution of measures provided for in subparagraphs 1), 2) and 3) of paragraph 2 of this order.
3. Control over the execution of this order shall be entrusted to the supervising Vice-Minister for Investments and Development of the Republic of Kazakhstan.
4. This order shall be enforced upon expiry of ten calendar days after the date of its first official publication.
Acting Minister | |
for Investments and Development | |
of the Republic of Kazakhstan | Zh. Kassymbek |
Approved by order № 126 of the Acting Minister for Investments and Development of the Republic of Kazakhstan dated January 28, 2016 |
The Rules
for the creation, development, operation, and acquisition of informatization objects of "electronic government", as well as information and communication services
Footnote. The Rules - as amended by the Order of the Minister of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan № 471/НҚ dated 29.11.2022 (shall be enforced from 01.01.2023).
Chapter 1. General Provisions
1. These Rules for the creation, development, operation, and acquisition of informatization objects of "electronic government", as well as information and communication services (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 4) of Article 7 of the Law of the Republic of Kazakhstan "On Informatization" (hereinafter referred to as the Law) and shall determine the procedure for creating, developing, operating, acquisition of informatization objects of "electronic government", as well as information and communication services.
2. These Rules are applied by state bodies, as well as organizations engaged in the creation, development, operation, and acquisition of objects of informatization of "electronic government", as well as information and communication services, within the framework of automation of the activities of a state body, including state functions and the provision of state functions arising from them.
3. The following basic concepts shall be used in these Rules:
1) development of an informatization object - a stage in the life cycle of an informatization object, during which a set of measures shall be carried out to implement additional functional requirements, as well as to modernize an informatization object put into commercial operation to optimize its functioning and (or) expand functionality;
2) implementation of the informatization object - the stage of creation or development of the informatization object, aimed at carrying out a set of measures to put the informatization object into operation, including the preparation of the automation object and personnel, commissioning, preliminary and acceptance tests;
3) information and communication service - a service or a set of services for property rental (rent, temporary use) and (or) placement of computing resources, provision of software, software products, and hardware for use, including communication services, through which the functioning of these services is ensured;
4) support of the informatization object - ensuring the use of the informatization object put into commercial operation in accordance with its purpose, including measures for correcting, modifying and eliminating software defects, without upgrading and implementing additional functional requirements and subject to maintaining its integrity;
5) creation of an informatization object - a stage in the life cycle of an informatization object, during which a complex of organizational and technical measures is implemented aimed at the development, trial operation, and implementation of an informatization object, as well as the acquisition and (or) property hire (lease) necessary for its functioning complex of technical means and software;
6) industrial operation of the object of informatization - the stage of the life cycle of the object of informatization, during which the use of the object of informatization in the normal mode shall be carried out in accordance with the goals, objectives and requirements outlined in the technical documentation and regulatory and technical documentation;
7) the life cycle of the object of informatization - a set of stages of creation, industrial operation, development and termination of the industrial operation of the object of informatization;
8) information and communication technologies - a set of methods for working with electronic information resources and methods of information interaction, carried out using a hardware and software complex and a telecommunications network;
9) trial operation of an informatization object - operation of an informatization object in a pilot zone, carried out to identify and eliminate shortcomings in its functioning and determine compliance with the requirements of technical documentation;
10) the authorized body in the field of informatization (hereinafter referred to as the Authorized body) - the central executive body that implements management and intersectoral coordination in the field of informatization and "electronic government";
11) information and communication infrastructure of "electronic government" - information and communication infrastructure that ensures the functioning of "electronic government";
12) operator of the information and communication infrastructure of "electronic government" (hereinafter referred to as the Operator) - a legal entity determined by the Government of the Republic of Kazakhstan, which is entrusted with ensuring the functioning of the information and communication infrastructure of "electronic government" assigned to it;
13) objects of informatization of "electronic government" - state electronic information resources, software of state bodies, an Internet resource of a state body, objects of information and communication infrastructure of "electronic government", including objects of informatization of other persons intended for the formation of state electronic information resources, implementation of public functions and provision of public services;
14) information and communication platform of "electronic government" - a technological platform designed to automate the activities of a state body, including the automation of state functions and the provision of public services arising from them, as well as the centralized collection, processing, storage of state electronic information resources;
14-1) architecture of the information and communication platform of "electronic government" - a description of the structural and functional organization of the information and communication platform of "electronic government", its fundamental concepts and properties implemented in components and elements, their interaction with each other and with the environment, and also the principles that determine its development;
15) "electronic government" service integrator - a legal entity determined by the Government of the Republic of Kazakhstan, which is entrusted with the functions of methodological support for the development of the "electronic government" architecture, as well as other functions provided for by the Law.
Footnote. Clause 3 as amended by Order № 178/НҚ of the Minister of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan dated 16.05.2023 (shall be enforced ten calendar days after the day of their first official publication).4. State bodies and organizations shall keep records of information about the objects of informatization of the "electronic government" and placement of electronic copies of the technical documentation of the objects of informatization of the "electronic government" on the architectural portal, in accordance with the Rules for recording information about the objects of informatization of the "electronic government" and placement of electronic copies of the technical documentation of objects of informatization of "electronic government", approved by the order of the Minister of Digital Development, Innovations and Aerospace Industry of the Republic of Kazakhstan dated July 25, 2019 № 174/НҚ (registered in the State Register of Normative Legal Acts under № 19104).
Submission of information about the created (developed) or acquired object of informatization of "electronic government" to the architectural portal and their actualization shall be carried out at each stage of the life cycle of the object of informatization of "electronic government".
Chapter 2. The order of creation, development, operation, and acquisition of informatization objects of "electronic government" Paragraph 1. The procedure for the creation and development of informatization objects of "electronic government"
5. The creation and development of objects of informatization of "electronic government" shall be carried out through the implementation of state investment projects, as well as investment projects at the expense of organizations.
Footnote. Paragraph 5 - as amended by the Order of the Minister of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan dated 16.05.2023 № 178/НҚ (shall be enforced ten calendar days after the day of their first official publication).6. Planning of expenses for the creation and development of objects of informatization of "electronic government" within the framework of state investment projects shall be carried out in accordance with Article 153 of the Budget Code of the Republic of Kazakhstan,
When creating and developing objects of informatization of "electronic government" through the implementation of public investment projects, it is necessary to obtain conclusions in the areas of informatization and ensuring information security in accordance with the Rules for the examination in the field of informatization of investment proposals, financial and economic justifications for budget investments, approved by order of the Minister of Digital Development, innovations and aerospace industry of the Republic of Kazakhstan dated June 29, 2019 № 144/НҚ (registered in the State Register of Normative Legal Acts under № 19015).
7. Calculation of costs for the creation and development of objects of informatization of "electronic government" shall be carried out on a calculator posted on the architectural portal in accordance with the Methodology for calculating and standards of costs for the creation, development and maintenance of objects of informatization of state bodies, approved by order of the Minister of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan dated June 27, 2019 № 140/НҚ (registered in the State Register of Normative Legal Acts under № 18927).
8. The creation and development of objects of informatization of "electronic government" shall be implemented based on terms of reference, the preparation and review of which shall be carried out in accordance with the Rules for the preparation and consideration of terms of reference for the creation and development of objects of informatization of "electronic government", approved by Order of the Minister of Digital Development, Innovation and aerospace industry of the Republic of Kazakhstan dated June 29, 2019 № 143/НҚ (registered in the State Register of Normative Legal Acts under № 18950).
9. Creation and development of the object of informatization of "electronic government" shall include:
1) development of the object of informatization of "electronic government";
2) conducting the trial operation of the "electronic government" informatization object in accordance with the Uniform requirements in the field of information and communication technologies and ensuring information security, approved by the Decree of the Government of the Republic of Kazakhstan dated December 20, 2016 № 832 (hereinafter referred to as the Uniform Requirements), including:
documentation of procedures for trial operation;
optimization and elimination of identified defects and shortcomings with their subsequent correction;
registration of the certificate of completion of trial operation.
3) testing the object of informatization of "electronic government" for compliance with information security requirements (hereinafter referred to as the test) in accordance with Article 49 of the Law.
The test shall be carried out in the terms and procedure determined by the Methodology and Rules for testing informatization objects of "electronic government" and critical objects of information and communication infrastructure for compliance with information security requirements approved by the order of the Minister of Digital Development, Defense and Aerospace Industry of the Republic of Kazakhstan dated June 3, 2019 № 111/NҚ (registered in the Register of state registration of regulatory legal acts № 18795).
4) implementation of the object of informatization of "electronic government" in accordance with the standards in force in the territory of the Republic of Kazakhstan;
5) putting into commercial operation the object of informatization of "electronic government".
Footnote. Paragraph 9 as amended by the order of the Minister of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan dated 30.04.2024 № 257/NҚ (shall enter into force upon expiry of ten calendar days after the day of its first official publication).10. The development of the object of informatization of "electronic government" shall be carried out after its commissioning.
The development of the object of informatization of "electronic government" by the trustee within the framework of trust management shall be carried out based on the terms of reference agreed upon by the authorized body.
Refinement of the object of informatization of "electronic government", in terms of the implementation of the integration of objects of informatization, the implementation of works that do not require changes to the source code of the main object, the development of additional external modules, shall not be the development of the object of informatization of "electronic government".
11. When creating or developing an object of informatization of "electronic government" at the expense of budgetary funds, suppliers shall ensure the transfer of source codes of the object of informatization.
12. When creating, and developing "electronic government" informatization objects on the "electronic government" information and communication platform, the operator shall provide development and testing environments, trial operation and testing as part of the service for presenting the "electronic government" information and communication platform to the authorized body, organizations and potential suppliers within ten working days from the date of receipt of the application based on the concluded agreement for the provision of services for the provision of the relevant environment on the information and communication platform of "electronic government" (hereinafter referred to as the Agreement).
Herein, the operator shall provide an environment for the development and testing, trial operation and testing of informatization objects free of charge and within a period not exceeding three months from the date of conclusion of the contract.
12-1. Creation, development, and maintenance of the information and communication platform of "electronic government" shall be carried out by the operator in accordance with the architecture of "electronic government".
The architecture of the information and communication platform of "electronic government" shall be the main component of the architecture of "electronic government", which is formed and approved by the operator in agreement with the service integrator and the authorized body in accordance with the Rules for the formation and monitoring of the implementation of the "electronic government" architecture, approved by order of the Minister of Digital Development, innovation and aerospace industry of the Republic of Kazakhstan dated August 12, 2019 № 193/НҚ (registered in the Register of State Registration of Normative Legal Acts under № 19249).
The information and communication platform of "e-government" shall contain development, testing and trial operation environments.
The technical and technological requirements of the information and communication platform of "electronic government" for the creation, development, and placement on it of objects of informatization of "electronic government" and (or) information and communication services shall be publicly available and posted on the architectural portal.
Footnote. The Rules are supplemented by Paragraph 12-1 in accordance with the order of the Minister of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan dated 16.05.2023 № 178/НҚ (shall be enforced ten calendar days after the day of their first official publication).13. To place the objects of informatization of "electronic government" on the information and communication platform of "electronic government", the operator shall provide a service for presenting the technological platform and/or information and communication infrastructure to the authorized body or organizations within ten working days from the date of receipt of the application.
Objects of informatization of "electronic government", classified according to the Classifier of objects of informatization, approved by Order of the acting Minister for Investments and Development of the Republic of Kazakhstan dated January 28, 2016 № 135 (registered in the State Register of Normative Legal Acts under № 13349):
to the first class shall be placed only on the information and communication platform of "electronic government" or information and communication infrastructure of "electronic government";
to the second and third classes, in the absence of the possibility of their placement on the information and communication platform of "electronic government" or the information and communication infrastructure of "electronic government", they shall be placed with organizations providing information and communication infrastructure.
Footnote. Paragraph 13 - as amended by the Order of the Minister of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan № 178/НҚ dated 16.05.2023 (shall be enforced ten calendar days after the day of their first official publication).14. The creation and development of objects of informatization of "electronic government" shall be carried out as a priority on the information and communication platform of "electronic government", except when:
1) the development of objects of informatization of "electronic government" previously created outside the information and communication platform of "electronic government" is required;
2) the creation of an object of informatization of "electronic government" on the information and communication platform of "electronic government" is technically or economically inexpedient;
3) in the Register of trusted software and products of the electronic industry (hereinafter referred to as the Register), which is maintained in accordance with the Rules for the formation and maintenance of the Register of trusted software and products of the electronic industry, as well as the criteria for including software and products of the electronic industry in the register of trusted software and products of the electronic industry, approved by Order of the Minister of Defense and Aerospace Industry of the Republic of Kazakhstan dated March 28, 2018 № 53/НҚ (registered in the State Register of Normative Legal Acts under № 16750) (hereinafter referred to as the Rules for Forming and Maintaining the Register), there are objects informatization containing similar functionality.
Paragraph 2. The procedure for the operation of objects of informatization of "electronic government"
15. Commissioning of the object of informatization of "electronic government" shall be carried out in accordance with Article 40 of the Law.
16. During the industrial operation of the "electronic government" informatization object, the following shall be provided:
1) compliance with the Uniform Requirements, Data Management Requirements approved by Order of the Minister of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan № 385/НҚ dated October 14, 2022 (registered in the State Register of Normative Legal Acts under № 30186), Architecture Development Requirements "e-government", approved by the Order of the Minister of Information and Communications of the Republic of Kazakhstan dated May 31, 2018 № 239 (registered in the Register of State Registration of Normative Legal Acts under № 17046);
2) safety, protection, and restoration of electronic information resources in case of failure or damage;
3) backup and control over the timely updating of electronic information resources;
4) automated accounting, preservation and periodic archiving of information about calls to the information system of the state body;
5) maintenance of the informatization object.
As part of the support, the use of the informatization object put into commercial operation in accordance with its purpose is ensured, including measures for correcting, modifying and eliminating software defects, without upgrading and implementing additional functional requirements and subject to maintaining its integrity.
As part of the support during the warranty period, cases shall be identified, including the elimination of errors and shortcomings in the framework of warranty service.
6) technical support of the used software of the informatization object, including licensed software;
7) system maintenance;
8) reduction (exclusion) of the use of paper documents, as well as requirements for their submission in the performance of public functions and the provision of public services;
9) warranty service by the supplier of the "electronic government" informatization object, including the elimination of errors and shortcomings identified during the warranty period. Warranty service shall be provided for a period of 12 (twelve) months from the date of putting the object of informatization of "electronic government" into commercial operation.
17. Warranty maintenance of the "electronic government" informatization object shall be carried out by the supplier free of charge.
During the warranty period, the supplier, within the agreed timeframe, shall eliminate errors and shortcomings made by him, but subject to the following requirements:
documented evidence of a failure;
confirmation that the failure was due to a mistake made by the supplier;
correct operation of the "electronic government" informatization object;
lack of independent intervention of the customer in the software that violated its integrity;
compliance of the customer's claim with the requirements of the terms of reference for the creation and development of the "object of informatization".
18. Expenses for carrying out activities provided for the stage of industrial operation of the "electronic government" informatization object for the planned period shall be not supported in the absence of information and electronic copies of the technical documentation of the "electronic government" informatization object on the architectural portal.
19. The absence of the need for further use of the object of informatization of "electronic government" shall entail the termination of industrial operation.
Paragraph 3. The procedure for the acquisition of informatization objects of "electronic government"
20. To implement the requirements for ensuring information security for the defense of the country and the security of the state, state bodies and organizations shall purchase software and products of the electronic industry in the form of goods or information and communication services from the Register, included in accordance with the Rules for the formation and maintenance of the register.
Footnote. Paragraph 20 - as amended by the Order of the Minister of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan № 178/НҚ dated 16.05.2023 (shall be enforced ten calendar days after the day of their first official publication).21. Planning of expenses for the acquisition of software and products of the electronic industry, services for the provision of a technological platform and information and communication infrastructure at the expense of budgetary funds shall be carried out within the framework of current costs for the implementation of state functions, powers and the provision of public services arising from them.
Footnote. Paragraph 21 - as amended by the Order of the Minister of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan № 178/НҚ dated 16.05.2023 (shall be enforced ten calendar days after the day of their first official publication).22. Potential suppliers, based on the approved target models of business processes of state bodies, shall ensure the early inclusion of software in the Register in accordance with the Rules for the formation and maintenance of the register.
23. The acquisition by organizations that are state legal entities of the rights to the object of informatization of "electronic government" as a result of inheritance, the donation shall be carried out in accordance with Article 27 of the Law of the Republic of Kazakhstan "On State Property", taking into account the conclusion of the authorized body.
The conclusion of the authorized body shall be formed according to the following indicators:
economic feasibility of accepting property into state ownership, within the framework of which an assessment of possible budget costs for carrying out activities provided for the stage of industrial operation of the "electronic government" informatization object shall be carried out;
assignment and use of property after acceptance into state ownership, within the framework of which the service integrator evaluates, including based on the submitted terms of reference, for compliance with the e-government architecture, technical, and legal requirements in the field of information and communication technologies, data management; lack of availability of similar software in the Registry.
Footnote. Paragraph 23 - as amended by the Order of the Minister of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan № 178/НҚ dated 16.05.2023 (shall be enforced ten calendar days after the day of their first official publication).24. When donating, the pilot operation of the "electronic government" informatization object and its commissioning shall be ensured.
Chapter 3. The procedure for the creation, development, operation, and acquisition of information and communication services
25. Information and communication services shall be divided into the following types:
1) service for the provision of information and communication infrastructure;
2) software provision service;
3) service for providing a technological platform.
26. Information and communication services for the provision of software and products of the electronics industry shall be acquired from the Register.
Footnote. Paragraph 26 - as amended by the Order of the Minister of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan dated 16.05.2023 № 178/НҚ (shall be enforced ten calendar days after the day of their first official publication).27. Automation of activities through the acquisition of information and communication services is recognized as a service model of informatization.
State bodies and organizations shall ensure the priority of the transition to the service model of informatization.
Planning of expenses for information and communication services shall be carried out within the framework of current costs and based on a budget application, formed in accordance with the Rules for the preparation and submission of a budget application, approved by order of the Minister of Finance of the Republic of Kazakhstan dated November 24, 2014 № 511 (registered in the State Register of Normative Legal Acts under № 10007).
Footnote. Paragraph 27 - as amended by the Order of the Minister of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan № 178/НҚ dated 16.05.2023 (shall be enforced ten calendar days after the day of their first official publication).28. In the absence of the necessary information and communication service in the Register, state bodies and organizations carry out public procurement through a tender for the creation of an information and communication service, while the tender documentation includes terms of reference.
Footnote. Paragraph 28 - as amended by the Order of the Minister of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan № 178/НҚ dated 16.05.2023 (shall be enforced ten calendar days after the day of their first official publication).29. Excluded by Order of the Minister of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan dated 16.05.2023 № 178/НҚ (shall be enforced ten calendar days after the day of their first official publication).
30. For the creation, development and placement of software on the information and communication platform of "electronic government", the operator shall provide services for the presentation of the technological platform and/or services for the provision of information and communication infrastructure to the authorized body and organizations within the time limits established by paragraphs 12 and 13 of these Rules.
As part of the provision of information and communication services specified in subparagraphs 1) and 3) of paragraph 25 of these Rules, the operator, if necessary, to complete the information and communication infrastructure of "electronic government" and develop the information and communication platform of "electronic government", shall create, develop the software.
The list of information and communication services provided by the operator specified in subparagraphs 1) and 3) of paragraph 25 of these Rules shall be posted on the architectural portal.
Footnote. Paragraph 30 - as amended by the Order of the Minister of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan № 178/НҚ dated 16.05.2023 (shall be enforced ten calendar days after the day of their first official publication).31. The supplier determined as a result of the tender shall provide software in accordance with the terms of the contract in the form of service for the provision of software.
Footnote. Paragraph 31 - as amended by the Order of the Minister of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan № 178/НҚ dated 16.05.2023 (shall be enforced ten calendar days after the day of their first official publication).32. The supplier determined by the results of the tender, as well as potential suppliers, shall initiate the inclusion of software that meets the requirements of the terms of reference for the creation and development of "electronic government" informatization objects in the Register in accordance with the Rules for the formation and maintenance of the register.
The subsequent acquisition of software in the form of goods or information and communication services shall be carried out from the Register.
33. Calculation of costs for the creation and development of information and communication services shall be carried out on a calculator posted on the architectural portal in accordance with the Methodology for calculating and cost standards for the creation, development and maintenance of objects of informatization of state bodies, approved by Order of the Minister of Digital Development, Innovation and Aerospace Industry of the Republic Kazakhstan dated June 27, 2019 № 140/НҚ (registered in the State Register of Normative Legal Acts under № 18927).
34. Compilation and review of terms of reference for the creation and development of information and communication services shall be carried out in accordance with the Rules for the preparation and review of terms of reference for the creation and development of objects of informatization of "electronic government", approved by Order of the Minister of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan dated 29 June 2019 № 143/НҚ (registered in the State Register of Normative Legal Acts under № 18950).
35. Exclusive rights to the object of informatization of "electronic government" created and developed within the framework of information and communication services shall not be transferred.
36. The operation of information and communication services shall include activities for maintenance, system maintenance, technical support and elimination of software defects without upgrading and additional functional requirements.
37. Service software products put into commercial operation before January 1, 2023, shall be included in the Register without applying the standards of the Rules for the formation and maintenance of the Register.
Footnote. Paragraph 37 - as amended by the Order of the Minister of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan № 178/НҚ dated 16.05.2023 (shall be enforced ten calendar days after the day of their first official publication).38. Service software products that are under development at the time of the entry into force of this order shall be included in the Register after passing through the stages of testing, testing and commissioning.