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LAW OF UKRAINE

of December 16, 2021 No. 1971-IX

About the National commission performing state regulation in spheres of electronic communications, radio-frequency range and provision of services of mail service

This Law determines legal status of the National commission performing state regulation in spheres of electronic communications, radio-frequency range and rendering services of mail service, its task, function, power and procedure for their implementation.

Section I. General provisions

Article 1. The status of the National commission performing state regulation in spheres of electronic communications, radio-frequency range and provision of services of mail service

1. The national commission performing state regulation in spheres of electronic communications, radio-frequency range and provision of services of mail service (further - regulating authority), is the central executive body with the special status which is formed by the Cabinet of Ministers of Ukraine.

2. Features of the special status of regulatory body are caused by its tasks and powers which are determined by this Law and the laws of Ukraine "About electronic communications", "About mail service" and consist, in particular, in features of the organization and procedure for activities of regulatory body, in special procedure for appointment of members of regulatory body and the termination of their powers, in the special procedural principles of activities of regulatory body and guarantees of independence in adoption of decisions by it within the powers determined by the law, establishment of payment terms of work of members and employees of regulatory body.

3. The regulatory body is formed as a part of seven members, including the Chairman of regulatory body, acquires powers from the moment of appointment more than a half of its general quantitative structure.

4. The regulatory body is legal entity of the public law, has the isolated property which is state-owned property, accounts in the bodies performing treasurer servicing of budgetary funds, seal with the image of the State Emblem of Ukraine and the name.

5. The regulatory body for accomplishment of administrative and technical functions, technical, technological support, creation and maintenance of performance of works in spheres of electronic communications, radio-frequency range and rendering services of mail service has the state unitary commercial enterprise in the management sphere.

Article 2. Field of activity of regulatory body

1. The regulatory body performs state regulation, and also the state supervision (control) on identification and prevention of violations of requirements of the legislation by subjects of managing and ensuring interests of society in spheres:

1) electronic communications;

2) radio-frequency range;

3) rendering services of mail service.

2. The regulatory body in the activities is guided by the Constitution of Ukraine, this Law, and also the laws of Ukraine "About electronic communications", "About mail service", "About access to construction objects, transport, power industry for the purpose of development of electronic communication networks", "About the basic principles of the state supervision (control) in the sphere of economic activity" and other acts of the legislation governing the relations in the respective spheres.

3. The regulatory body performs actions for assistance of adaptation (harmonization) of the legislation of Ukraine in spheres of electronic communications, radio-frequency range and rendering services of mail service to the European Union law.

Article 3. Basic principles of activities of regulatory body

1. The basic principles of activities of regulatory body are:

1) legality and supremacy of law;

2) independence and independence in the limits determined by this Law;

3) competence;

4) efficiency;

5) justice;

6) predictability and timeliness of decision making;

7) targeting of regulation;

8) impartiality and objectivity in case of decision making, including concerning internal organizational matters of regulatory body and appointment of its personnel;

9) openness, transparency, publicity of process of state regulation;

10) discrimination non-admission;

11) responsibility for the made decisions.

Article 4. Purpose, main objectives, functions and powers of regulatory body

1. The regulatory body exercises state regulation, the state supervision (control) for the purpose of achievement of balance of consumer interests, the states, the subjects of managing performing activities in spheres of electronic communications, radio-frequency range and rendering services of mail service, safety of electronic communications, development of the competition, integration of the markets in the specified spheres to the markets of the European Union.

2. The main objectives of regulatory body are:

1) creation of conditions for effective functioning and development of the sphere of electronic communications, radio-frequency range and rendering services of mail service;

2) assistance to opening of the markets in spheres of electronic communications, radio-frequency range and provision of services of mail service for all consumers and suppliers and ensuring non-discriminatory access for users to electronic communication services and services of mail service;

3) assistance of mutually advantageous integration of the markets of electronic communications and provision of services of mail service of Ukraine with the corresponding markets of other states, in particular, within the Agreement on association between Ukraine, on the one hand, and the European Union, European Atomic Energy Community and their state members, on the other hand;

4) ensuring consumer protection on receipt of services of proper quality according to requirements of the legislation;

5) ensuring investment appeal of development of infrastructure, the markets in spheres of electronic communications and provision of services of mail service;

6) assistance to development of the competition in the markets of electronic communications and provision of services of mail service;

7) ensuring compliance with the principles of management of radio-frequency range;

8) other tasks provided by the laws of Ukraine "About electronic communications", "About mail service", "About access to construction objects, transport, power industry for the purpose of development of electronic communication networks", "About the basic principles of the state supervision (control) in the sphere of economic activity" and other legal acts governing the relations in the respective spheres.

3. The regulatory body performs accomplishment of the functions in the way:

1) normative legal regulation according to the powers provided by the law;

2) licensing, provision of the permissions provided by the Law of Ukraine "About electronic communications" and other laws of Ukraine;

3) price regulation (rates) for services in spheres of electronic communications, radio-frequency range and service of mail service in cases and according to the procedure, established by the law;

4) provisions of the generalized official explanations and individual consultations in spheres of electronic communications, radio-frequency range and provision of services of mail service. The generalized explanations are published on the official website of regulatory body. Individual consultations are provided (go) within 30 calendar days after receipt of request of the service provider;

5) ensuring implementation of radio-frequency monitoring, monitoring of quality of electronic communication services, services of mail service, monitoring of price level (prices) of universal services and their availability to consumers;

6) carrying out unscheduled inspections, and also the analysis of the regulatory reporting provided by suppliers of electronic communication networks and/or services, users of radio-frequency range;

7) carrying out scheduled and unscheduled inspections of operators of mail service on compliance with law in the sphere of rendering services of mail service;

8) accomplishment and application of the measures provided by the laws of Ukraine "About electronic communications", "About mail service", "About access to construction objects, transport, power industry for the purpose of development of electronic communication networks", "About the basic principles of the state supervision (control) in the sphere of economic activity" and other legal acts governing the relations in the respective spheres.

4. Treats powers of regulatory body:

1) development and approval of the regulatory legal acts including provided by the laws of Ukraine "About electronic communications", "About mail service", "About access to construction objects, transport, power industry for the purpose of development of electronic communication networks", in particular, but not only:

a) regulations of regulatory body;

b) procedure for temporary use of the radio equipment;

c) procedure for identification and determination of the markets of electronic communications;

d) procedure for provision of access to physical infrastructure of electronic communications for expansion of high-speed networks;

d) procedure of monitoring of quality of electronic communication services;

e) procedure for the organization and participation in tender or auction on receipt of the license to use radio-frequency range;

e) working procedures on identification, elimination and/or suppression of action of sources of radio noise, order of interaction with special users and law enforcement agencies, subjects of managing in case of accomplishment of the corresponding works;

є) procedure of radio-frequency monitoring;

g) procedure for maintaining register of initial distribution of resources of numbering;

h) procedure for registration and issue of the international and regional operational documents for the ship or radio amateur station, requirements to qualification of radio fans and operators of such stations;

i) conditions of joint use of the radio equipment, strips (nominals) of radio frequencies;

і) procedure for coordination of assignment of rights on use of radio-frequency range;

ї) Regulations of amateur radio communication of Ukraine;

i) limiting rates for provision in use of the cable sewerage of electronic communication networks;

j) rules of provision and receipt of access to the cable sewerage of electronic communication networks;

k) rules of provision in use of the cable sewerage of electronic communication networks;

l) procedure for provision of information, control of fulfillment of requirements for proper risk management for the purpose of ensuring information security, ensuring cyberprotection of objects of the sphere of electronic communications, radio-frequency range and rendering services of mail service;

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