BRDO experts appealed to the authorities to eliminate shortcomings in the legal regulation of the telecom sector during martial law

At present, there are still annoying gaps in this area, as the requirements of the Martial Law and the Law “On Electronic Communications” on the development and approval of certain legal acts provided by these laws have not yet been met.

As a result, currently:

  • clear and sufficient powers of the National Center for Network Management (NCU) in martial law, as well as mechanisms for their implementation are not defined;
  • there is no responsibility for non-compliance with the instructions of the NCU operators;
  • the issue of disconnection of subscribers during martial law remains unresolved.

As a result, problematic situations are already arising, from which ordinary Ukrainian citizens suffer. A recent example is the recent decision of the National Commission for State Regulation in the Fields of Electronic Communications, Radio Frequency Spectrum and Provision of Postal Services (NCEC) to exclude Netasist LLC and Netassist LLC from the Register of Telecommunications Operators and Providers.

The reasons for this decision, as stated on the NCEC website, are the provider’s refusal to comply with the requirements of the NCU during martial law, in particular, the company’s decision not to block the domains of the aggressor country.

At the same time, the legislation does not provide for such grounds for decision-making and the powers of the NCEC.

In this case, about two thousand subscribers of these operators simply lost contact. Among them are both individuals and legal entities, and for all of them these circumstances in wartime are factors that complicate life and work.

BRDO emphasizes the need to develop and approve the necessary NPAs. We addressed the responsible state bodies with an official letter, which contains a list of necessary acts and outlines the issues that should be taken into account in them. You can read the text of the appeal here