Prohibition of dismantling of electrical communications: what MPs forgot about

In times of war, when the lives of citizens often depend on the speed of information, the functioning of electronic communication networks is of particular importance. Therefore, cases of their arbitrary dismantling must be eliminated. But in addition to the legal prohibition, there must also be responsibility.
The UNBA Committee on Electronic Justice and Cybersecurity of the Practice of Law analyzed the Draft Law No. 9593 of 09.08.2023 «On Amendments to Article 115 of the Law of Ukraine «On Electronic Communications» (regarding assistance in ensuring the sustainable functioning of electronic communication networks and the provision of electronic communication services, as well as the prohibition of dismantling electronic communication networks in emergency situations, state of emergency and martial law)», which was recently adopted as a basis.
According to the document, the procedure for the provision of electronic communication services in emergency situations, martial law and martial law is proposed to be supplemented by a ban on disassembling (dismantling) electronic communication networks or parts thereof, except by decision of the provider of electronic communication networks and/or services or by court order.
The UNBA noted that today, for most Ukrainians, the main source of news and information is the Internet, which is ahead of television and radio broadcasting. That is why they are trying to equip bomb shelters and shelters throughout the country with access points to the world wide web. At the same time, as the authors of the legislative initiative note, there are often cases when representatives of regional power companies dismantle networks on their own, which leads to the termination of Internet access services. This is unacceptable, especially in border areas or settlements close to the line of contact.
Supporting the idea of introducing a ban on dismantling networks in general, the UNBA Committee noted that the proposed rule would not be implemented without establishing legal liability (administrative or criminal) for its violation. Therefore, along with the amendments to the Law «On Electronic Communications», it is necessary to make appropriate amendments to the Code of Administrative Offenses and the Criminal Code.
The full comments and suggestions of the UNBA to the Draft Law No. 9593 can be found at the link.
Popular news

Guarantees of the practice of law
The process of signing the Convention on the protection of the profession of advocate was taken under control by t…
The Ministry of Justice sent the text of the translation of the Council of Europe Convention on the protection of the advocate to the Ministry of Foreign Affairs «for review and approval». The main legal authority also expressed its support for the Ministry of Foreign Affairs regarding the signing and ratification of this Convention.

Discussion
Without the protection of advocates, there will be no fair trials in Ukraine — forum in Odesa
Identifying an advocate with their client undermines the foundations of justice, as it deprives individuals of the opportunity to exercise their right to defense, forces advocates to avoid participating in high-profile cases, and ultimately renders procedural guarantees meaningless. Without this, fair trial is impossible.

Guarantees of the practice of law
The number of cases where advocates are identified with their clients is growing – UNBA report
Advocates are increasingly being held hostage to political processes, with them being equated with their clients. Such actions undermine the independence of the profession and create an atmosphere of intimidation, as a result of which Ukrainian citizens are deprived of their right to defense.

Legislation
What data is sufficient to initiate an investigation – UNBA comments on draft law No. 12439
The problem of law enforcement pressure on business remains one of the most acute for the Ukrainian economy. The lack of regulation of certain procedures in the Criminal Procedure Code leads to abuses, as a result of which entrepreneurs find themselves in a state of legal uncertainty.

Guarantees of the practice of law
Law on advocacy and the Council of Europe Convention: the UNBA assessed compliance (comparative table)
The Ukrainian National Bar Association has prepared and published a comparative table showing the extent to which Ukrainian legislation complies with the provisions of the Council of Europe Convention on the protection of the profession of advocate.

Guarantees of the practice of law
The Verkhovna Rada is waiting for the Minister of Justice to take action on signing the Convention on the protection of t…
Ukraine, which was directly involved in the preparation of the world's first Council of Europe Convention on the protection of the profession of advocate, has still not signed it. There appear to be no formal objections, but no real steps have been taken towards accession either.

Abroad
Australian advocate apologizes in court for fake AI quotes
In Australia, a royal advocate apologized to a judge for submitting documents in a criminal case against a teenager accused of murder that contained fabricated quotes and non-existent court decisions generated by artificial intelligence.

Legislation
Support for the defense industry should not upset local budgets, - UNBA
It is necessary to create additional incentives for enterprises in the defense and industrial complex, while ensuring the balance of the budget system and the predictability of both revenues and expenditures of local self-government.
Publications

Censor.net Protecting advocates – protecting justice: addressing concerns about the new law

Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…

Valentyn Gvozdiy WORKING IN A WAR ZONE

Lydia Izovitova Formula of perfection

Sergiy Vylkov Our judicial system is so built that courts do not trust advocates

Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine

Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…

Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences