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LAW OF UKRAINE

of January 10, 2002 No. 2919-III

About National system of confidential communication

(as amended on 16-12-2020)

This Law governs the public relations connected with creation, functioning, development and use of National system of confidential communication.

Article 1. Determination of terms

In this Law terms are used in the following value:

ad electronic communication network - the electronic communication network intended for information exchange with limited access;

ad electronic communication network of dual purpose - the ad electronic communication network intended for ensuring electronic communications for the benefit of public authorities and local government bodies with use of part of its resource for provision of services to other consumers;

National system of confidential communication - set of ad electronic communication networks of dual purpose which by means of cryptographic and/or technical means provide exchange of information with limited access to information which is the state secret for the benefit of public authorities and local government bodies create proper conditions for their interaction in peace time and in case of introduction of emergency and warlike situation;

subjects of National system of confidential communication - the public authorities and local government bodies, legal entities and physical persons which are taking part in creation, functioning, development and use of this system.

Terms "operator" and "communication network" in this Law are used respectively in value of the terms "supplier of electronic communication networks and/or services" and "electronic communication network" determined in the Law of Ukraine "About electronic communications".

Article 2. Law coverage

Operation of this Law extends to the relations between subjects of National system of confidential communication arising in connection with its creation, functioning, development and use.

Article 3. The legislation in the field of confidential communication

The relations connected with creation, functioning, development and use of National system of confidential communication are regulated by the Constitution of Ukraine, the laws of Ukraine "About information", "About the state secret", "About information protection in information communications systems", "About electronic communications", "About entrepreneurship", "About licensing of certain types of economic activity", this Law, other laws and regulatory legal acts.

If the international treaty which consent to be bound is this the Verkhovna Rada of Ukraine establishes other rules, than those that are provided by this Law, rules of the international treaty are applied.

Article 4. State support of National system of confidential communication

The state support of National system of confidential communication is performed by the Cabinet of Ministers of Ukraine by creation of favorable legal, economic and other conditions for stimulation of process of creation, functioning, development and use of this system.

Article 5. Structure of National system of confidential communication

Part one is excluded

Components of National system of confidential communication are ad electronic communication networks, their fixed and mobile components, centralized systems of information protection and operating-technical management.

The structure of creation of National system of confidential communication shall provide isolation of information with limited access to information which is the state secret of public authorities and local government bodies, other legal entities and physical persons with use of cryptographic and/or technical means.

Article 6. Management of National system of confidential communication

Management of National system of confidential communication, its functioning, development, use and information protection are provided with specially authorized central executive body concerning the organization of special communication and information protection according to the legislation.

Centralized systems of information protection and operating-technical management are in state-owned property and privatizations are not subject.

Business entities irrespective of pattern of ownership can be owners of other components of National system of confidential communication.

Article 7. Rendering services of confidential communication

Services of confidential communication are rendered to public authorities and local government bodies, the state companies, organizations, the organizations, other legal entities and physical persons on paid basis.

The procedure for rendering services of confidential communication to public authorities and local government bodies, state companies, organizations and organizations is established by the Cabinet of Ministers of Ukraine.

Rendering services of confidential communication to other legal entities and physical persons is performed according to the legislation based on the contract between the consumer and the operator.

Services of confidential communication are operators who are legal entities and have licenses for the right of rendering services in the field of cryptographic and/or information technical protection according to the legislation.

Article 8. Responsibility for violation of the legislation in the field of confidential communication

Persons guilty of violation of the law in the field of confidential communication, bear disciplinary, administrative, material, civil or criminal liability according to the law.

Article 9. Financial provision of National system of confidential communication

Financing of the expenses connected with creation, functioning and development of National system of confidential communication is performed at the expense of means of the Government budget of Ukraine that it is provided in case of its forming the current year in appropriate sections separately, and also at the expense of the local budgets and other sources of financing which are not prohibited by the law.

Article 10. International cooperation

Specially authorized central executive body concerning the organization of special communication and information protection within the powers can take part in scientific and technical, external economic and other forms of cooperation concerning confidential communication according to state programs and the legislation of Ukraine.

International cooperation in the field of confidential communication is performed on the basis of the legislation and the corresponding international treaties of Ukraine.

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