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.