Prohibition of dismantling of electrical communications: what MPs forgot about

Advocacy
19:17 Thu 20.06.24 185 Reviews
Print

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

Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

Support

Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.

19:46 Fri 18.09.26 135
Tax residency of Ukrainians abroad: what matters

Educational events

Tax residency of Ukrainians abroad: what matters

The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.

18:19 Thu 17.09.26 116
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

War

Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.

9:42 Mon 14.09.26 175
Payments to military personnel require clear and uniform criteria — UNBA Committee

Legal defence of military personnel

Payments to military personnel require clear and uniform criteria — UNBA Committee

The vagueness of terms in subordinate regulatory acts leads to differing interpretations of the grounds for paying additional compensation to military personnel. The UNBA has proposed harmonizing these acts and establishing transparent criteria for the allocation of funds.

16:45 Wed 09.09.26 113
Former CCBE President James MacGuill has passed away

Tragic news

Former CCBE President James MacGuill has passed away

The Ukrainian National Bar Association expresses its condolences on the passing of James MacGuill — a renowned Irish advocate and former president of the Law Society of Ireland and the Council of Bars and Law Societies of Europe (CCBE).

10:27 Mon 07.09.26 122
The Convention on the Protection of the Professions of Lawyer will receive significantly more than 226 votes – M. Stefanchuk

Legislation

The Convention on the Protection of the Professions of Lawyer will receive significantly more than 226 votes – M.…

Once the technical preparations are complete, the ratification of the Council of Europe Convention on the Protection of the Profession of Advocate will receive broad support in the Verkhovna Rada. Significantly more than the minimum required 226 members of parliament may vote in favor of the international treaty.

17:53 Thu 03.09.26 100
Young – therefore inexperienced: how female advocates should respond to stereotypical accusations

Educational events

Young – therefore inexperienced: how female advocates should respond to stereotypical accusations

Comments regarding age, gender, or appearance made in court can distract a lawyer from defending their client’s interests. Therefore, before responding, it is important to assess the relevance of the remark to the case, determine the limits of what is permissible and decide on the next course of action.

10:29 Thu 03.09.26 106
How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»

Educational events

How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»

The same instruction from a manager may motivate one employee to take action, while leaving another without the necessary guidance. People perceive work tasks differently: for some, a deadline and the expected outcome are enough, while others need explanations, time or a detailed plan.

11:22 Tue 01.09.26 174

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл