National regulation of the provision of communication services through foreign satellite systems: the legislation of the Republic of Kazakhstan and its obligations to the world trade organization

Abstract

The national regulation of the provision of communication services through foreign satellite systems and its correlation with the obligations of the Republic of Kazakhstan to the World Trade Organization (WTO) require comprehensive analysis. The aim of the study is to analyze Kazakhstani legislation in this field, identify existing gaps and questions of its consistency with GATS provisions, and develop proposals for improving the legislation. The scientific significance of the study stems from the absence of comprehensive domestic research on this issue. The study employs formal-legal, comparative-legal, systemic-structural, and functional methods; its normative basis comprises five laws of the Republic of Kazakhstan in the fields of communications, space activity, informatization, and national security, as well as Kazakhstan's obligations under the WTO, including its Schedule of Specific Commitments on Services. The analysis revealed the fragmented character of Kazakhstani legislation, the absence of a unified conceptual apparatus, and the insufficient development of the state-control mechanism. A preliminary assessment through the lens of the core provisions of GATS showed that individual requirements imposed on foreign operators require separate verification of their consistency with the principles of non-discriminatory market access. Proposals are formulated to eliminate the identified gaps. The results may be used to improve Kazakhstani legislation on communications.