On spatial data (LRU-702-son)
23.07.2021
Law of the Republic of Uzbekistan
Adopted by the Legislative Chamber on December 26, 2020 Approved by the Senate on May 29, 2021
Chapter 1. General Provisions
Article 1. Purpose of this Law
The purpose of this Law shall be the regulation of relations in the area of spatial data.
Article 2. Legislation on spatial data
The legislation on spatial data shall include this Law and other legislative acts.
Should an international treaty of the Republic of Uzbekistan stipulate the rules other than those provided for by the legislation of the Republic of Uzbekistan on spatial data, the rules of the international treaty shall apply.
Article 3. Basic concepts
The following basic concepts shall be applied in this Law:
spatial data is the data about spatial objects, including information about their location, shape, and other properties, presented in a certain form, and systems of spatiotemporal coordinates;
spatial data processing is the implementation of one or a set of actions to create, collect, systematize, store, change, update, visualize, use, provide, distribute, and transfer spatial data and metadata;
metadata is the data that allows describing the sets, services, and other characteristics of spatial data required to identify, search, inventory, and use them;
National Spatial Data Infrastructure Geoportal is a set of Internet tools and spatial data services that maintain metadata about geodata resources and provide access to them through the Internet information system;
spatial data user (hereinafter – the user) is an individual or a legal entity using spatial data;
spatial objects are natural and artificial objects, the location of which can be determined in the established system of spatiotemporal coordinates.
Article 4. Key principles of this Law
The following shall constitute key principles of this Law:
legality;
accuracy and reliability of spatial data;
openness and accessibility of basic spatial data;
security of spatial data and metadata.
Article 5. Principle of legality
Relations in the field of spatial data shall be carried out in accordance with the Constitution of the Republic of Uzbekistan, this Law, and other legislative acts.
Article 6. Principle of accuracy and reliability of spatial data
The accuracy and reliability of spatial data shall be ensured through the following:
maintain the state geodetic, leveling, and gravimetric networks in a working condition;
implement the system of cartographic monitoring and continuous updating of state topographic maps;
utilize the regulated coordinates systems and existing basic spatial data in the creation of state information resources and new basic spatial data;
exercise continuous monitoring, a scientific and technical expert examination, and the control of basic and specialized spatial data and metadata.
Article 7. Principle of openness and accessibility of basic spatial data
Openness and accessibility of basic spatial data shall be ensured through the following:
absence in the basic spatial data of information constituting state secrets and other secrets protected by law, as well as other information, access to which is restricted in accordance with the legislation;
provision of users with free access to basic spatial data, including access via public telecommunications networks, as well as via the Internet information system.
Article 8. Principle of security of spatial data and metadata
Spatial data and metadata must be processed in accordance with the requirements for their security established by the legislation.
Spatial data and metadata shall be protected for the following purposes:
prevent threats to the security of the individual, the society, and the state;
keep them confidential in cases established by the legislation;
prevent their distortion and falsification.
Chapter 2. State regulation in the field of spatial data
Article 9. Main areas of state policy in the field of spatial data
The main areas of state policy in the field of spatial data shall be as follows:
development and implementation of state-led and other programs in the field of spatial data;
coordination of the activities of state administration and economic management bodies, local state authorities, as well as those involved in the processing of spatial data, in the field of spatial data;
development of the National Spatial Data Infrastructure;
ensuring openness and accessibility of basic spatial data and its metadata to all stakeholders;
development of international cooperation.
Article 10. Powers of the Cabinet of Ministers of the Republic of Uzbekistan in the field of spatial data
The Cabinet of Ministers of the Republic of Uzbekistan shall:
ensure the implementation of a unified state policy in the field of spatial data;
approve state-led and other programs in the field of spatial data;
approve the procedure for maintaining the National Spatial Data Infrastructure;
determine the lists of spatial data available for public use;
approve the Regulations on the Coordinating Council for the Development of the National Spatial Data Infrastructure, and its composition.
The Cabinet of Ministers of the Republic of Uzbekistan may also exercise other powers in accordance with the legislation.
Article 11. Powers of the specially authorized state body in the field of spatial data
The Cadastral Agency under the State Tax Committee of the Republic of Uzbekistan shall act as a specially authorized state body in the field of spatial data (hereinafter – the specially authorized state body).
The specially authorized state body shall:
participate in formulation and implementation of a unified state policy in the field of spatial data;
develop and submit to the Cabinet of Ministers of the Republic of Uzbekistan drafts of state-led and other programs in the field of spatial data;
coordinate the activities of state administration and economic management bodies, local state authorities, as well as those involved in the processing of spatial data, in the field of spatial data and developing the National Spatial Data Infrastructure;
ensure implementation of state-led and other programs in the field of spatial data;
ensure the performance of work related to the development of the National Spatial Data Infrastructure;
process basic spatial data, and work on the establishment and operation of the geoportal of the National Spatial Data Infrastructure;
perform research, process development and experimental design work; provide the creation of technical and software tools in the field of spatial data;
develop and approve, within its authority, normative legal acts and regulatory documents in the field of technical regulation;
exercise state control over the processing of spatial data;
carry out international cooperation in the field of spatial data.
A specially authorized state body may also exercise other powers in accordance with the legislation.
Article 12. Powers of the Ministry of Defense of the Republic of Uzbekistan in the field of spatial data
The Ministry of Defense of the Republic of Uzbekistan shall:
participate in formulation and implementation of a unified state policy in the field of spatial data;
participate in the development and implementation of state and other programs in the field of spatial data;
organize, in cooperation with a specially authorized state body, as well as with other state bodies and those involved in the processing of spatial data, creation of spatial data, development of technical and software tools of the National Spatial Data Infrastructure to ensure national security and defense of the state in accordance with the legislation;
participate in work related to the development of the National Spatial Data Infrastructure.
The Ministry of Defense of the Republic of Uzbekistan may exercise other powers in accordance with the legislation.
Article 13. Powers of state bodies in the field of spatial data
State bodies, including local state authorities shall:
participate in the development and submission of proposals for the formulation of a unified state policy in the field of spatial data and ensure its implementation;
participate in the development and implementation of state-led and other programs in the field of spatial data;
participate in the work, related to the development of the National Spatial Data Infrastructure;
organize, in cooperation with a specially authorized state body, the production of specialized spatial data for the relevant industry and performance of work on the production of industry-specific geodata resources, creation and maintenance of a network of geoportals of the National Spatial Data Infrastructure;
ensure provision of basic spatial data and metadata to a specially authorized state body;
ensure access to open specialized spatial data;
process specialized spatial data for the relevant industry or territory.
State bodies may also exercise other powers in accordance with the legislation.
Chapter 3. National Spatial Data Infrastructure
Article 14. Definition of the National Spatial Data Infrastructure
In this Law, the National Spatial Data Infrastructure means a system comprising the organizational structure, scientific and technical policy, technical and software means, basic and sectoral spatial data, metadata and metadata databases, spatial data services, regulatory legal acts, as well as regulatory documents in the field of technical regulation on issues of development, updating, processing, and integration of spatial data available for use within the territory of the Republic of Uzbekistan.
Article 15. Procedure for maintaining the National Spatial Data Infrastructure
The procedure for maintaining the National Spatial Data Infrastructure shall include provisions defining the following:
procedure for processing spatial data and metadata of the National Spatial Data Infrastructure;
procedure for the activities of the specially authorized state body in the field of spatial data;
procedure for interaction between those processing spatial data and the specially authorized state body;
types of basic and specialized spatial data, processing of which shall be organized by the relevant state bodies and those involved in the processing of spatial data;
requirements to ensure interoperability of spatial data, metadata, technical and software tools of the National Spatial Data Infrastructure;
structure, content, and procedure for preparing the annual report on the status of work on the development of the National Spatial Data Infrastructure and the deadline for its submission to the Cabinet of Ministers of the Republic of Uzbekistan.
Article 16. Network of Geoportals of the National Spatial Data Infrastructure
As part of the National Spatial Data Infrastructure, a specially authorized state body shall establish a network of geoportals of the National Spatial Data Infrastructure and ensure its functioning with the following spatial data services:
search, which shall provide identification of spatial data and spatial data services in information networks;
viewing of spatial data, information about the characteristics of geospatial objects and the content of metadata;
access, which shall provide the ability to process spatial data and (or) obtain its copies;
coordinate operations, which shall provide transformation of spatial data coordinates from one coordinate system or map projection to another.
The geoportal network of the National Spatial Data Infrastructure shall include the National Spatial Data Infrastructure geoportal and geoportals of state bodies.
The geoportal of the National Spatial Data Infrastructure shall contain basic and specialized spatial data and metadata provided in accordance with this Law.
Specialized spatial data and metadata created by state bodies to accomplish industry-specific tasks shall be published on geoportals of state bodies.
Article 17. Coordination of activities to develop the National Spatial Data Infrastructure
In order to ensure coordination of the development of the National Spatial Data Infrastructure, the Coordinating Council for the Development of the National Spatial Data Infrastructure (hereinafter – the Coordinating Council) shall be established under a specially authorized state body.
The Coordinating Council shall be a collegial body without legal identity.
The Coordinating Council shall have an advisory and consultative function in the implementation of state policy in the field of spatial data.
The Coordinating Council shall consist of representatives of state bodies, research and higher educational organizations, and civil society institutions.
Chapter 4. Processing of spatial data
Article 18. Types of work in the field of spatial data
Works in the field of spatial data shall be divided into the following types:
creating, collecting, systematizing, storing, modifying, updating, visualizing, using, providing, distributing, and transfer of spatial data and metadata;
development and provision of spatial data services and geographic information systems for various purposes;
creation of technical and software tools used to process spatial data;
creating and ensuring the functioning of geoportals;
conducting scientific and technical evaluation of the quality of spatial data and metadata;
performing research, process development, and research and development work to establish spatial databases, metadata bases and catalogs, spatial data services, geographic information systems, geoportals, and other technical and software tools in the field of spatial data;
development of normative legal acts and normative documents in the field of technical regulation;
creating other products and (or) performing other work in order to ensure the functioning and development of the National Spatial Data Infrastructure.
Processing of spatial data shall be carried out in the coordinate systems adopted for use in the Republic of Uzbekistan in accordance with the procedure for maintaining the National Spatial Data Infrastructure.
Article 19. Basic and specialized spatial data and metadata
Spatial data shall be divided into basic and specialized spatial data.
Basic spatial data shall be publicly available spatial data that constitute a unified digital coordinate-spatial basis for spatial data processing.
Basic spatial data shall include information about the following objects:
stations of geodetic, leveling, and gravimetric networks;
the State border of the Republic of Uzbekistan, the boundaries of administrative-territorial units;
hydrographic objects and hydraulic structures;
settlements and their street and road network;
industrial, agricultural, and socio-cultural facilities;
buildings and structures;
roads;
railroads;
main pipelines;
engineering communications;
airports, river ports;
vegetation cover and soils;
boundaries of land plots;
protected natural areas and cultural heritage sites;
boundaries of settlements and zoning objects, as well as suburban areas;
protective zones and zones with special conditions of use of territories;
street registries and addresses of facilities within and outside of settlements;
names of geographical objects;
terrain;
orthophotomaps, aerial and space images, and the results of the Earth remote sensing work.
Basic spatial data must not contain information constituting state secrets and other secrets protected by law, as well as other information, access to which is restricted by law.
Specialized spatial data shall be thematic spatial data that are created on the basis of basic spatial data.
Requirements for basic and specialized spatial data, their composition and content, and their metadata shall be determined in accordance with the procedure for maintaining the National Spatial Data Infrastructure and other documents.
Metadata shall contain information on the composition, structure, quality, reliability, spatial coverage, functions, conditions of use of spatial data and spatial data services, access restrictions, producer, time of creation, frequency of updating spatial data, and may also contain other information.
Spatial data created on request of state bodies shall be state property and component part of the National Spatial Data Infrastructure.
Article 20. Providing spatial data and metadata
Spatial data and metadata shall be provided to the state bodies for the implementation of their powers on a free of charge basis, and to other users for a fee in the amounts established by the specially authorized state body in coordination with the Ministry of Finance of the Republic of Uzbekistan.
State bodies, and those involved in spatial data processing may restrict access to spatial data and metadata in accordance with the procedure for maintaining the National Spatial Data Infrastructure.
Basic spatial data can be provided to users along with using the services of the geoportal of the National Spatial Data Infrastructure, the interagency integration platform of the "e-Government" system, or by transfer in accordance with procedure for maintaining the National Spatial Data Infrastructure and an agreement with a specially authorized state body.
State bodies and those involved in spatial data processing shall be obliged to provide to the specially authorized state body the basic spatial data they have created and updated.
In accordance with the procedure for maintaining the National Spatial Data Infrastructure, the state bodies responsible for processing the relevant basic spatial data shall provide the specially authorized state body with basic spatial data through:
providing access to spatial data services;
transferring spatial data in an agreed format and quality.
The specially authorized state body shall:
receive and control the basic spatial data and metadata and their publication on the geoportal of the National Spatial Data Infrastructure;
provide information and data contained in geographic information systems, resources and databases necessary for the provision of public services to the interagency integration platform of the "e-Government" system;
develop and introduce the National Spatial Data Infrastructure software;
provide technical and technological support for the National Spatial Data Infrastructure;
store and protect data from the National Spatial Data Infrastructure;
ensure the establishment and maintenance of spatial data services;
ensure user access to spatial data and metadata published on the National Spatial Data Infrastructure geoportal.
The specially authorized state body – with the consent of the owner or possessor – shall:
convert spatial data contained on paper into electronic form;
process spatial data, including basic and specialized spatial data and their metadata;
provide users with basic spatial data and metadata in accordance with procedures for maintaining the National Spatial Data Infrastructure.
State bodies, as well as those involved in spatial data processing shall:
ensure spatial data and metadata processing;
use spatial data and metadata to exercise their powers;
ensure the legality, accuracy, reliability, and security of spatial data and metadata, as well as the openness and accessibility of basic spatial data;
ensure provision of the specially authorized state body with spatial data and metadata;
ensure access of the specially authorized government agency to their spatial data and metadata;
publish information on their official websites about the conditions of access to spatial data through the National Spatial Data Infrastructure geoportal.
Chapter 5. Final Provisions
Article 21. Dispute Resolution
Disputes arising in the field of spatial data shall be resolved in accordance with the procedure established by the legislation.
Article 22. Responsibility for violation of spatial data legislation
Persons guilty of violating the spatial data legislation shall bear responsibility in accordance with the legislation.
Article 23. Ensuring execution, communication, explanation of essence and meaning of this Law
The Cadastral Agency under the State Tax Committee and other concerned organizations shall ensure the execution of this Law, its communication to the executors, and explanation of its essence and meaning among the population.
Article 24. Bringing the legislation in line with this Law
The Cabinet of Ministers of the Republic of Uzbekistan shall:
bring government decisions in line with this Law;
ensure that state administration bodies review and abolish their normative legal acts that contradict with this Law.
Article 25. Entry into force of this Law
This Law shall enter into force three months after the date of its official publication.
President of the Republic of Uzbekistan SH. MIRZIYOYEV
Tashkent,
July 23, 2021,
No. LRU-702