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Ministry of Justice of Ukraine

December 24, 2012

No. 2150/22462

THE DECISION OF THE NATIONAL COMMISSION PERFORMING STATE REGULATION IN THE SPHERE OF COMMUNICATION AND INFORMATIZATION OF UKRAINE

of November 29, 2012 No. 624

About approval of the Main requirements to the agreement on provision of telecommunication services and recognition by NKRS which voided Decisions of 26.03.2009 No. 1420

(as amended on 20-07-2021)

According to article 63 of the Law of Ukraine "About telecommunications" the National commission performing state regulation in the sphere of communication and informatization, RESHILA:

1. Approve the Main requirements to the agreement on provision of telecommunication services which are attached.

3. In accordance with the established procedure to submit to legal support department this decision on state registration to the Ministry of Justice of Ukraine.

4. This decision becomes effective from the date of its official publication.

Acting Chairman of NKRSI

O. Rechkalov

Approved by the Decision of the National commission performing state regulation in the sphere of communication and informatization of Ukraine of November 29, 2012 No. 624

Main requirements to the agreement on provision of telecommunication services

I. General provisions

1.1. These Requirements are developed according to the Civil code of Ukraine, the Economic code of Ukraine, the Laws of Ukraine "About telecommunications", "About consumer protection", the Rules of provision and receipt of telecommunication services approved by the resolution of the Cabinet of Ministers of Ukraine of April 11, 2012 No. 295 (further - Rules), other regulatory legal acts in the sphere of telecommunications.

These Requirements are obligatory for application by operators, providers of telecommunications (further - operators, providers) and consumers of telecommunication services in case of the conclusion of agreements on provision of telecommunication services (further - services), modification and amendments in them.

1.2. Terms which are used in these Requirements are used in the values given in the Civil code of Ukraine, the Economic code of Ukraine, the Laws of Ukraine "About telecommunications", "About consumer protection",” About electronic confidential services”,” About electronic documents and electronic document management”, Rules and other regulatory legal acts.

1.3. The agreement on provision of telecommunication services (further - the agreement) is signed between the consumer and the operator, provider, data on whom contain in the register of operators, providers of telecommunications and which have licenses and/or permissions which need of obtaining is determined by the law, taking into account provisions of Rules and other regulatory legal acts.

1.4. According to these Requirements operators, providers can approve forms of agreements, establish conditions of public agreements on provision of certain types of service, including procedure for change of such conditions. Operators, providers shall promulgate forms of agreements and condition of public agreements on the websites and in places of sale of services, in particular it is at least in seven calendar days prior to change of such conditions.

1.5. Questions which arise during the conclusion of accomplishment, changes, agreement cancelation and are not settled by it, are regulated by the Civil code of Ukraine, the Economic code of Ukraine, the Law of Ukraine "About telecommunications", the Rules this by Requirements and other regulatory legal acts.

1.6. The agreements between consumers (subscribers) and operators, providers signed to the introduction in action of these Requirements are acting and can be renewed upon the demand of one of the parties.

II. Requirements to the agreement

2.1. The agreement is signed according to the legislation, including these Requirements, and shall contain the essential conditions determined by the legislation.

If separate terms of the contract match requirements of Rules or other regulatory legal acts, they can be stated in the form of references to relevant provisions of regulatory legal acts with which the operator, provider at the customer's request shall acquaint him. Separate provisions of the agreement can be stated or disaggregated in appendices which are signed by agreement parties and are its integral part.

2.2. The contract with the consumer on provision of public services can be signed at the request of the consumer in writing by execution of the single document signed by the parties.

Terms of the contract about provision of public services shall be promulgated and provide provision of services on the conditions identical to all consumers, except those to whom under the law the corresponding privileges are provided.

The operator, provider who provide public services have no right to refuse to the consumer the conclusion of the contract for provision of these services in the presence at it technical capability of their provision and provision by the consumer of data, stipulated by the legislation for the conclusion of the agreement and provision of services.

2.3. It is forbidden to include in the agreement of provision which provide:

transfer into the ownership to the consumer of limited telecommunication resources (radio-frequency, number and so forth) which use is performed based on the corresponding permissions;

collection from the consumer of separate payment for works and services which are not independent and are intended for ensuring proper service quality, liquidation of the damages or accidents on telecommunication network which arose not because of the consumer;

obtaining and/or payment by the consumer of services which it did not order;

collection from the consumer of payment for obtaining from the operator, provider of accounts for the provided services and disaggregations of the amount added for payment for that settlement period to which the consumer has claims;

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