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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of October 4, 2022 No. 1118

About approval of the Procedure for use of radio-frequency range during the special period and in the conditions of emergency or warlike situation

According to Items 16 and 17 of part two of article 7 of the Law of Ukraine "About electronic communications" the Cabinet of Ministers of Ukraine decides:

Approve the Procedure for use of radio-frequency range during the special period and in the conditions of emergency or warlike situation which is applied.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 4, 2022, No. 1118

Procedure for use of radio-frequency range during the special period and in the conditions of emergency or warlike situation

General provisions

1. This Procedure determines the mechanism of implementation of Armed Forces by the General Staff (further - the General Staff) managements of use of radio-frequency range of general users of radio-frequency range in strips of radio frequencies public (further - general users) and special users of radio-frequency range in strips of radio frequencies special and public (further - special users) during the special period and in the conditions of emergency or warlike situation.

Control of use of radio-frequency range is exercised for the purpose of ensuring electromagnetic compatibility and effective use of radio-frequency range of general and special users during the special period in the conditions of emergency or warlike situation taking into account the declared, planned and involved assignments of radio frequencies.

2. The terms used in this Procedure are used in the value given in the Code of civil protection of Ukraine, the Laws of Ukraine "About electronic communications", "About defense of Ukraine", "About legal regime of warlike situation", "About legal regime of emergency state" and "About homeland security of Ukraine".

3. Management of use of radio-frequency range during the special period and in the conditions of emergency or warlike situation in all territory of Ukraine or in its certain regions for the purposes of defense is performed according to the orders and directives of the General Staff published within the powers determined by the legislation.

The General Staff during the publication of orders and directives is guided by the Constitution of Ukraine, the Laws of Ukraine "About electronic communications", "About legal regime of warlike situation", "About legal regime of emergency state".

4. Control of use of radio-frequency range is exercised with use:

data of the automated management information system radio-frequency range;

register of licenses to use radio-frequency range;

register of assignments of radio frequencies of general users;

register of assignments of radio frequencies of special users;

the register of radio-electronic means and the radiating devices of special purpose;

the register of the radio equipment and the radiating devices.

5. Radio-frequency monitoring, identification and suppression of action of sources of radio interferences in strips of the radio frequencies of special use and general use allocated for providing measures of homeland security and defense during the special period and in the conditions of emergency or warlike situation performs the General Staff.

The General Staff can involve the state company which is in the field of management of the National commission performing state regulation in spheres of electronic communications, radio-frequency range and provision of services of mail service (further - the National commission) in holding actions for radio-frequency monitoring and identification of sources of radio interferences.

The state company performs actions according to the directives sent by the General Staff to the National commission.

6. Radio-electronic means and/or the radiating devices which arrive from the partner countries and state members of the North Atlantic Alliance, other foreign states, organizations, the international organizations with special radio technology can be used by state bodies and other subjects which according to the Law of Ukraine "About homeland security of Ukraine" are part of the sector of safety and defense of Ukraine for accomplishment of tasks on protection of sovereignty and territorial integrity of Ukraine according to the provided Law of Ukraine "About electronic communications" the plan of distribution and use of radio-frequency range in Ukraine.

7. Use of radio-frequency range of general users during the special period is performed according to requirements of the legislation on electronic communications taking into account directives of the General Staff.

The directives of the General Staff on use of radio-frequency range during the special period issued for the purpose of ensuring carrying out mobilization, homeland security and defense can concern questions:

managements of use of radio-frequency range of general users;

allocations of strips of radio frequencies public of radio-frequency range for providing measures of homeland security and defense by special users;

involvement of the state company which is in the field of management of the National commission to holding actions for radio-frequency monitoring and identification of sources of radio interferences;

introductions of temporary restrictions on use of separate strips, nominals of radio frequencies public;

the organizations of communication and interaction between the General Staff, the National commission, the state company which is in the field of management of the National commission, general and special users during the special period.

Directives of the General Staff with indication of in them terms of their accomplishment are led up to the National commission immediately, but no later than in three-day time from the date of their edition and are obligatory for accomplishment by general and special users.

The national commission provides accomplishment of directives of the General Staff by general users in the terms determined in them.

8. Control of use of radio-frequency range of special users during the period is exercised of the General Staff in the way:

issues to special users of import permits from abroad radio-electronic means and the radiating devices of special purpose;

planning and assignment of radio frequencies for radio-electronic means and the radiating devices of special users and providing conditions of electromagnetic compatibility of such means;

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