The Law of Ukraine
Date of Entry into Force:
December 23, 2003
The Law of Ukraine “On Telecommunications” sets legal basis of activity in the sphere of telecommunications, defines authorities of the state with respect to management and regulation of the above activity, as well as rights, duties and grounds for responsibility of natural persons and legal entities which participate in this activity or use telecommunication services.
This Law aims at rendering of telecommunication services of sufficient range, volume and quality by regulation of market relations in this sphere. The Law defines the principles of consumer rights protection and control over the telecommunication market by the state.
Telecommunications are an inseparable part of production and social infrastructure of Ukraine and are designed for satisfaction of needs of natural persons and legal entities, bodies of state power in the telecommunication services.
The purpose of regulation in the sphere of telecommunications is maximum satisfaction of consumer demands for telecommunication services, creation of favorable organizational and economic conditions for attracting investments, increase of volumes of services and their quality, development and modernization of telecommunication networks taking into account national security.
Technical telecommunication means may be applied, if they meet standards and technical regulations. Technical telecommunication devices shall have issued according to the set by law procedure document confirming correspondence to the requirements of normative documents in the sphere of telecommunications.
Standardization in the sphere of telecommunications aims at creation of unified system of state and branch standards and other normative documents, which set requirements to the telecommunication networks, their technical devices and quality of telecommunication services, as well as harmonization of these requirements with the requirements of international normative documents.
Building, reconstruction and modernization projects for the telecommunication networks shall be subject to expertise in cases and according to the procedure set by the legislation. Expertise-related expenses shall be covered by the telecommunication operators.
Telecommunication operators, providers shall ensure and bear responsibility for the safety of information regarding a consumer, which was obtained while concluding agreement, or rendered telecommunication services, including receipt of services, their duration, content, transmission routes, etc.
Basic principles of licensing in the telecommunications sphere shall be:
- creation of open, non-discriminative and transparent conditions of access to the telecommunications market and activity thereof;
- encouragement of efficient functioning of the telecommunication market on the basis of balancing interests of society and telecommunication operators, providers;
- ensuring equality of rights, legal interests of all subjects of economic activity;
- efficient use of limited resources in the telecommunication sphere;
- facilitation of implementation of new types of telecommunication services and application of new technologies;
- attraction of investments to development of telecommunications in Ukraine.
The persons guilty of violation of the legislation on telecommunications shall be brought to civil, administrative, criminal responsibility in compliance with law.