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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of June 25, 2025 No. 761

About approval of Rules of provision and receipt of electronic communication services

According to Item "About electronic communications" the Cabinet of Ministers of Ukraine decides 9 parts one of article 5 of the Law of Ukraine:

1. Approve Rules of provision and receipt of electronic communication services which are attached.

2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the enclosed list.

3. This resolution becomes effective in three months from the date of its publication, except the paragraph of the sixth Item 76 and the subitem 5 of Item 79 of Rules of provision and receipt of the electronic communication services approved by this resolution which become effective in one year from the date of publication of this resolution.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of June 25, 2025 No. 761

Rules of provision and receipt of electronic communication services

1. These rules govern the relations between suppliers of electronic communication services (further - service providers) and end users of electronic communication services (further - end users) and determine procedure for provision and receipt of electronic communication services (further - services).

2. Provision and receipt of services of interpersonal electronic communications without use of numbering, services of electronic communications in signaling, including for implementation of intermachine interaction, is performed taking into account the features determined by the Law of Ukraine "About electronic communications" (further - the Law) and these rules.

3. Action of these rules does not extend to the relations specified in part two of article 1 of the Law.

4. In these rules terms are used in the following value:

1) authentication of phone number of the end user of the caused services - the process allowing the initiator of commercial challenges to establish and confirm that certain actions are made by the end user who uses the corresponding phone number;

2) active implied action of the end user (further - active implied action) - the active action of the end user (on condition of ensuring informing on effects of such action) confirming it declaration of will on the conclusion of the agreement, the order of service, fixed by the equipment of the service provider, supplier of content or authorized persons based on the relevant contracts with the service provider;

3) shutdown of the final (terminal) equipment - detachment of the final (terminal) equipment from electronic communication network and/or blocking of logical and technical access of such equipment to electronic communication network;

4) global electronic communication service - service of voice electronic communication to which all end users of electronic communication network public in which services of interpersonal electronic communication with use of numbering from network public are provided have open entry and which is provided by codes of services 700, of 800, of 808, 900, etc.;

Limiting 5) limit - the amount of the services provided on the terms of cash on delivery established by the limiting service provider and/or the size of means within which services are provided to the subscriber without the advance payment specified in the service provision agreement or conditions of separate service (the size of debt of the subscriber on fee, the limit amount for provision of services on the terms of cash on delivery);

6) the agreement on provision of electronic communication services (further - the service provision agreement) - the bargain concluded between the end user and the service provider which contains information on quality, terms, the price, settlement period and other conditions on which the service provider shall provide services by request of the end user, and the end user - them to pay (if other is not provided by the Law or the service provision agreement);

7) the order of service (prior consent) - the declaration of will of the end user concerning provision to it services by the service provider, including services of access to content executed in writing (in paper or electronic form by electronic communications) or in oral form (that is fixed by the equipment of the service provider, supplier of content or authorized persons based on the relevant contracts with the service provider), or by making of active implied actions by it;

8) malicious challenges are challenges and/or messages which the end user cannot stop (independently or according to the address to the service provider) and by which moral and/or material damage can be caused to the end user and/or the service provider who include:

the single, repeating, mass connections, including with numbers of services of the emergency help, directory, customer services of the service provider (except single challenges of the service providers informing end users of rather scheduled maintenance on network or warning about the termination of provision of services due to the lack of means on personal account);

challenges with use of the computerized final (terminal) equipment by autodial which are directed to numbers (or other network identifiers) end users, for the purpose of broadcasting to such end users of the written-down sound messages which were not ordered by the end user;

the messages with offers on replenishment of personal account arriving not from the service provider;

9) the ID electronic communication card (further - the ID card) - the identification means used for designation (identification) of the final (terminal) equipment of the end user in electronic communication network (The SIM card, the USIM card, the R-UIM-card, E-SIM etc.);

10) electronic identification means (further - identification means) - the network identifier (settings of Internet router, etc.) and/or the ID card, used for designation (identification) of the final (terminal) equipment of the end user in electronic communication network;

11) card/code of activation of pre-paid service - the means for the order and advance payment of services granting the right to the end user on receipt of certain list and/or amount of services of the service provider within certain asset of such means;

12) commercial challenges - use based on the service provision agreement of commercial challenges the end user of the numbering resource provided to it for initiation of outcoming calls for the purpose of distribution of advertizing or authentication of phone number of the end user who is called;

13) content - the information or data created and delivered (provided) exclusively electronically to subscribers who ordered the corresponding service of access to content from the service provider and are not used or consumed directly by the supplier of electronic communication services;

14) the network identifier of the end user (the network identifier) - individual set of figures and/or symbols appropriated to the final (terminal) equipment of the end user and/or the end user in electronic communication network or the Internet;

15) the international voice electronic communications - voice electronic communications between end users who territorially are in the different countries, with use of numbers national or international plans of numbering;

16) provision of services on the terms of cash on delivery - possibility of the end user to receive services with subsequent their payment in time or the term defined by the service provision agreement;

17) provision of services on the terms of advance payment - possibility of the end user to receive services on condition of their advance payment in time and the size according to the service provision agreement;

18) the predostavitel of content - physical person or legal entity which provides or shall provide to the end user content with use of electronic communication networks;

19) unproductive problems - the challenges (except single challenges of the service providers informing end users about scheduled maintenance on network or warning about the termination of provision of services due to the lack of means on personal account and commercial challenges) leading to inefficient use of resources of electronic communication network negatively influence qualitative indexes of such network, are performed from the same subscriber number in the direction of one or more numbers (or network identifiers) end users irrespective of the fact of establishment of connection and provision of services and have two or more such characteristics and signs:

do not come to the end with installation of bilateral voice communications within seven calendar days;

duration of outcoming calls from one number in seven calendar days either is absent, or averages less than 60 seconds;

50 percent or more challenges from one number in seven calendar days are directed in the direction of different numbers (or network identifiers) end users;

impossibility to perform the return challenge which is coming to the end with connection with number from which challenges in the direction of one or more numbers (or network identifiers) end users are performed;

are performed with use of systems of automatic "dialing";

availability in seven calendar days more 0, percent of claims from total quantity of outcoming calls from one number from which challenges in the direction of one or more numbers are performed (or network identifiers) end users, from subscribers to whom such challenges from this number arrive;

quantity of the entering challenges which do not come to the end with installation of bilateral voice communications or have zero duration, on number from which challenges in the direction of one or more numbers are performed (or network identifiers) end users, less than 5 percent of total quantity of the challenges (entering and proceeding) which are performed from this number make and arrive on this number in seven calendar days;

number from which challenges in the direction of one or more numbers are made (or network identifiers) end users, is used only for making of voice challenges without use of other electronic communication services (text messages, data transmission), except for numbers of fixed telephony;

20) unauthorized intervention in work and/or use of electronic communication network - the actions fixed by the act of abuse of regulations of provision and receipt of services which led to leakage, loss, counterfeit, blocking, misstatement or destruction of information; violation of procedure for routing of traffic of voice electronic communications with numbering use; receipt of services is free or on rates, below the established rates; spread of computer viruses (harmful software); refayla (change of type of traffic, in particular it that leads to representation of traffic of the international voice electronic communications by other type of traffic of voice electronic communications, etc.); anomalies of challenges (the direction from the final (terminal) equipment of challenges and/or traffic which are atypical for the corresponding profile of the end user, directed to establishment of communication sessions in the same directions, codes of networks, codes of services, etc.); unproductive challenges; false or false answering machine (use of the program device by means of which function on false tariffing of duration of challenges is implemented); cycling of traffic (intentional change or mistake because of negligence of routing of traffic that leads to the direction of traffic in the opposite direction); influences on electronic information resources, electronic communication network or its components with the purpose to make unavailable provision of services to end users (DoS attack);

21) personal account of the end user - the Section of the website, mobile application of the service provider activated by the end user in the method determined deliverable services used, in particular, for electronic identification of the end user of services and information exchange between the service provider and the end user of services;

22) personal account of the end user - the personal account which the service provider opens for the end user and on which it is recorded all services provided to the end user, additional services, service packages and services, and also accounting of payments of the end user;

23) order confirmation of service of access to content - the action directed to expression of declaration of will by the end user of the order of service of the access to content made in written (paper or electronic) form, or by making of the active implied actions provided by these rules by it;

24) service of access to content - the electronic communication service consisting in ensuring provision by the service provider of access to content to end users with use of electronic communication networks, technical means of electronic communications;

25) the termination of provision of services - the final termination of provision by the service provider to the end user of one/several or all services owing to cancellation of the service provision agreement or change of conditions of such agreement, and also in cases, stipulated by the legislation;

26) complete accounting unit of services are units of measure of time (second, minute, hour, days etc.), amount of data (byte, kilobyte, megabyte, gigabyte etc.), the number of messages, communication sessions and t. д;

27) damage of electronic communication network - loss of possibility of functioning of elements of electronic communication network, damage of elements of infrastructure of electronic communication network that makes impossible provision to the end user of services with use of such elements or reduces levels of indicators of quality to unacceptable values;

28) Item of collective use - the place where services in use of the final (terminal) equipment of the service provider and/or the final (terminal) equipment of end users (the automated public telephone booth, Item of Internet access, etc.) placed in it are provided to end users;

29) settlement period - the period of time during which the supplier provides services in the amounts defined by the agreement or conditions of tariff plan for which the fixed payment is established (subscriber fee, the cost of tariff plan) or for final date of which is determined amount of the received services and the requirement (accounts) to their payment is exposed to the user;

30) disaggregation of information on the provided services - set of information on the amount added by the service provider for the provided services during the settlement period with obligatory simultaneous specifying:

numbers of the end user called by the end user;

service type;

amount of the provided services and the amount of means for payment for each communication session;

31) roaming - the service providing possibility of the end user of one service provider of mobile communication to receive the services available in network of other service provider of mobile communication which are provided by the agreement between such partner roaming, with preserving primary registration of the end user in electronic communication network of the supplier;

32) partner roaming - the suppliers of electronic communication networks and/or services who signed the agreement on roaming;

33) communication session - process of provision and receipt of service from the moment of establishment of connection before its completion;

34) the system of automatic "dialing" is system or the software performing calls without human intervention (including on scoring and/or the formulation of messages);

35) reducing the list of services - suspension by the service provider of provision of services or separate service with ensuring technical capability of updating of their provision to the end user;

36) quality of electronic communication service - set of indicators of quality of electronic communication services, their parameters and levels which characterize and determine consumer properties of electronic communication service for requirements satisfaction of the consumer of service.

Other terms used in these Rules are used in the value given in the Law, the Laws of Ukraine "About consumer protection", "About personal data protection", "About addresses of citizens".

5. Service providers provide services to end users according to the Law, these rules and taking into account the Laws of Ukraine "About consumer protection", "About personal data protection", other regulatory legal acts in spheres of electronic communications and radio-frequency range.

6. Service providers shall not apply discrimination conditions of provision of services for end users on the reasons connected with nationality of the end user, the place of its accommodation or the place of provision of service if such distinctions (restrictions) are not caused by the technical and economic conditions of provision of services or other objective reasons provided by these rules and taking into account provisions of the Law of Ukraine "About bases of prevention and counteraction of discrimination in Ukraine".

7. The end user has the right to service is impersonal according to the these rules and terms of service established by the service provider.

Discrimination conditions on provision of services and protection of the rights for the end users receiving service cannot be applied it is depersonalized if such distinctions (restrictions) are not provided by the Law and these rules.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info