On 11 April 2012 Cabinet of Ministers of Ukraine by its Resolution № 295 has adopted new “Rules for provision of telecommunications services” (the “Telecom Rules”) consequently abolishing its previous Resolution № 720 “On adoption of Rules for provision of telecommunications services” dated 9 August 2005.

The Telecom Rules have come into effect at 23 April 2012 upon their official publication in governmental newspaper.

The new Telecom Rules as distinct from the previously acting one are more deeply focused on relations between the operators (providers) of telecom services and consumers. The most important changes introduced by the newly adopted Telecom Rules may be summarized as follows:

1. the most significant innovation introduced by the Telecom Rules in the sphere of voice services and data transmission services relates to precise establishing of tariff units for calculation of the volume of services rendered. Thus, in relation to voice services the tariff units (depending on operator’s (provider’s) tariff plan) can be determined in seconds and/or minutes; with regard to data transmission services the Telecom Rules provide for kilobytes and/or megabytes tariff units;
2. the Telecom Rules determined precise uniform requirements for universal telecommunications services irrespective of the type of such services and the way of their rendering;
3. the Telecom Rules do not divide telecommunication services on the basic and supplemental;
4. the Telecom Rules are focused on protection of consumers rights and specify obligations of telecom operators (providers) for the provision of telecommunications services to consumers;
5. the Telecom Rules have established the right and obligation of the National Commission for the State Regulation of Communications and Informatization to control the quality of telecommunication services rendered by operators (providers);
6. the Telecom Rules have limited opportunities for operators (providers) to change their tariff plans conditions. In particular operators (providers) must specify the exact period during which the tariffs shall remain unchanged, and upon such period they are obliged to notify each customer on any change in tariff plan conditions;
7. the Telecom Rules do not contain the exact list of services which shall be regarded as telecommunication services and subsequently rendered solely by the telecom operators (providers).

Please do not hesitate to contact us should you have any questions on the above.

Natalia Pakhomovska
Legal Director
T  +380 44 495 1789
natalia.pakhomovska@dlapiper.com

Roman Inozemtsev
Associate
T  +380 44 490 9575
roman.inozemtsev@dlapiper.com

www.dlapiper.com

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