Analysis of the Draft Law:
Analysis of the Draft Law of Ukraine “On Amendments to Certain Laws of Ukraine Regarding the Implementation of European Union Legislation on Electronic Communications”
1. Essence of the Draft Law
The draft law is aimed at implementing EU legislation norms into Ukrainian legislation in the field of electronic communications. The main goal is to ensure compatibility and integration of Ukrainian electronic communication networks with European standards.
2. Structure of the Draft Law
The draft law consists of several main parts that amend existing legislation, in particular the Law of Ukraine “On Electronic Communications” and the Law of Ukraine “On the National Commission Implementing State Regulation in the Spheres of Electronic Communications, Radio Frequency Spectrum, and Postal Services Provision”. Key changes include detailed regulation of interconnection and access procedures for electronic communication networks, as well as imposing obligations on service providers.
3. Main Provisions of the Draft Law
- Amendments to the procedure for interconnection and access to electronic communication networks, including the possibility of imposing obligations to ensure access and service compatibility.
- Defining the rights and obligations of electronic communication network providers, including the obligation to provide access to infrastructure on fair, non-discriminatory, and reasonable terms.
- Establishing new criteria for determining access points and infrastructure sharing obligations in cases where network duplication is economically inefficient or physically impossible.
- Regulating the interaction of electronic communication network providers in network access and interconnection to promote proper access and ensure service compatibility.
These provisions are important for legislators as they ensure Ukrainian legislation’s compliance with European standards, which is a crucial step towards EU integration. For businesses, this means new opportunities for interaction with European partners, and for citizens – improved quality and availability of electronic communication services.
Analysis of Other Documents:
1. The document authors, including Member of Parliament Kryachko M.V., support the draft law on implementing EU norms in electronic communications. Their position is the need to bring Ukrainian legislation closer to European standards to integrate into the EU Digital Single Market.
2. The main provisions of the document, which are important for legislators and other stakeholders, include the transposition of EU norms into national legislation to improve access to electronic communication markets, promote competition, and attract investments. The draft law also provides for canceling the requirement for European operators to undergo authorization procedures in Ukraine if they do not provide services in its territory. This will help reduce barriers for European companies operating in Ukraine and increase market competitiveness. Additionally, the proposal includes changes that will stimulate the participation of small and medium-sized businesses in the electronic communications sector, which may contribute to innovation development and service quality improvement.
