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LAW OF THE AZERBAIJAN REPUBLIC

of May 27, 2022 No. 540-VIQD

About modification of the Code of the Azerbaijan Republic about administrative offenses

Being guided by Item 17 of part I of article 94 of the Constitution of the Azerbaijan Republic, Millie DECIDES: Majlis of the Azerbaijan Republic

In the Code of the Azerbaijan Republic about administrative offenses (Collection of the legislation of the Azerbaijan Republic, 2016, No. 2 (the I book), Article 202, No. 3, Articles 397, 403, 429, No. 4, Articles 631, 647, 654, No. 5, Articles 835, 846, No. 6, Articles 997, 1010, No. 7, Articles 1247, 1249, No. 10, Article 1608, No. 11, Articles 1769, 1774, 1781, 1783, 1786, 1788, No. 12, Articles 1984, 2000, 2009, 2024, 2049; 2017, No. 1, Article 21, No. 2, Articles 139, 147, 152, 162, No. 3, Articles 331, 344, No. 5, Articles 698, 701, 734, 749, 754, No. 6, Articles 1020, 1033, 1036, No. 7, Articles 1273, 1296, 1297, 1299, No. 11, Articles 1964, 1966, 1969, 1979, No. 12 (I book), Article 2214, 2217, 2220, 2233, 2237, 2240, 2253, 2256, 2266; 2018, No. 1, Article 19, No. 2, Articles 160, 162, 163, No. 3, Articles 383, 401, 404, No. 4, Article 646, No. 5, Articles 857, 860, 862, 876, 883, No. 6, Articles 1153, 1188, No. 7 (I book), Article 1435, 1437, 1438, No. 10, Article 1963, No. 11, Articles 2188, 2191, 2214, 2217, 2231, No. 12 (I book), Article 2473, 2475, 2499, 2507, 2512, 2522; 2019, No. 1, Articles 4, 6, 15, 18, 23, 44, No. 3, Articles 374, 389, No. 4, Articles 579, 581, 587, 595, No. 5, Articles 791, 800, 803, 804, 813, No. 6, Articles 992, 998, 1007, No. 7, Article 1193, No. 8, Articles 1364, 1367, 1368, 1381, 1383, No. 11, Articles 1682, 1686, 1696, No. 12, Articles 1883, 1900; 2020, No. 3, Article 222, No. 5, Articles 505, 515, 519, No. 6, Articles 670, 672, 681, No. 7, Articles 838, 841, 846, 854, No. 8, Articles 1008, 1011, No. 9, Article 1138, No. 11, Articles 1132, 1333, 1336, No. 12 (I book), Article 1432, 1440; 2021, No. 4, Article 306, No. 5, article 428, No. 6 (I book), Articles 535, 541, 546, 560, No. 7, Articles 701, 705, 711, No. 8, Article 894, No. 11, Article 1208, No. 12, Articles 1306, 1334; 2022, No. 1, Article 2; the laws of the Azerbaijan Republic of December 27, 2021 No. 449-VIQD, 25 of February, 2022 No. 487-VIQD and 26 of April, 2022 No. 517-VIQD) to make the following changes:

1. Article 38.1 to the word", small" to add with words ", procedure for safety of critical information infrastructure".

2. To add Article 43.1 after figures "602-2," with figures "602-3,".

3. To add Article 102.1 after figures "351-1," with figures "371-1," and shall be replaced with words the words "and 602.2" ", 602.2 and 602-3".

4. Add with Article 371-1 of the following content:

"Article 371-1. Violation of procedure for safety of critical information infrastructure

371-1.1. Violation of general and special requirements on safety of object of critical information infrastructure the owner of infrastructure, his official or provider (supplier) providing it services in cyber security -

attracts imposing of penalty on officials in the amount of five hundred to one thousand manats, on legal entities at the rate from three thousand to four thousand manats.

371-1.2. Violation of requirements for creation and ensuring functionality of management system with information security of critical information infrastructure -

attracts imposing of penalty on officials at the rate from one thousand to one thousand five hundred manats, on legal entities at the rate from four thousand to five thousand manats.

371-1.3. Non-presentation by the subject of critical information infrastructure to the relevant state body of information on the cyberthreats directed to object of critical information infrastructure, cyber attacks, cyberincidents and attempts of making of such acts -

attracts imposing of penalty on officials in the amount of three hundred to five hundred manats, on legal entities in the amount of five hundred to one thousand manats.

Note: If person is brought to the administrative responsibility behind violation of requirements, stipulated in Article 371-1.2 of this Code, then it within 3 months shall create and provide functionality of management system with information security of critical information infrastructure. During this term person cannot be repeatedly brought to the administrative responsibility for making of this act.".

5. Add with Article 602-3 of the following content:

"Article 602-3. Failure to meet requirements of authority (official) in the field of safety of critical information infrastructure or preventing to it

Failure to meet requirements of authority (official) on elimination of cases of violation of requirements for safety of objects of critical information infrastructure or not creation to authority (official) of necessary conditions for identification, prevention of cyberthreats and cyber attacks, studying of the incidents connected with safety or preventing to it in it is

attracts imposing of penalty on officials at the rate from one thousand to one thousand five hundred manats, on legal entities in the amount of four to five thousand manats.".

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