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    Certain issues of procurement and use of satellite broadband communication services for the needs of the security and defense forces under the legal regime of martial law

    **1. Substance of the Act**
    This Resolution regulates the specifics of the procurement and administration of satellite broadband communication services for the needs of the security and defense forces of Ukraine under martial law. The document permits 100% advance payment for such services for a term of up to two years. Furthermore, it designates the Ministry of Defense as responsible for the allocation of internet traffic and setting limits for end users. The Resolution also simplifies the procurement procedure for these services, exempting procuring entities from the obligation to publish the texts of the respective contracts after the termination of martial law.

    **2. Structure of the Act, Main Provisions, and Amendments**
    Structurally, the Resolution consists of three regulatory clauses and an approved annex, which amends the Specifics of Defense Procurement for the Period of the Legal Regime of Martial Law (approved by Resolution of the Cabinet of Ministers of Ukraine No. 1275).

    Main provisions and amendments compared to previous versions of the legislation:
    * **Authorization of advance payments:** The possibility of making advance payments in the amount of up to 100% of the cost of services for a term of up to 24 months under contracts of the Ministry of Defense or its authorized services has been established.
    * **Amendments to defense procurement:** Paragraph 9 of the Specifics has been supplemented with a new ground allowing for the direct procurement of satellite broadband communication services, without using the electronic procurement system.
    * **Cancellation of mandatory publication of contracts:** Paragraph 10 of the Specifics has been amended. Now, after the termination of martial law, procuring entities are not obliged to upload the files of the contracts themselves, annexes, and amendments thereto regarding this type of services to the electronic procurement system.
    * **Administration functions:** The Ministry of Defense is tasked with the management of the shared data pool, setting traffic limits, and disconnecting end recipients.

    **3. Main Provisions for Practical Application**
    For the practical application of this Act, the following aspects are key:

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    * **Financial planning:** State procuring entities (specifically, the Defense Procurement Agency) have received a legal tool for long-term (up to 2 years) financing of satellite communication through 100% prepayment, which simplifies interaction with global providers.
    * **Confidentiality of terms:** The risk of disclosing the parameters of defense-purpose satellite networks is completely eliminated, as the texts of contracts and specifications are not subject to publication in the Prozorro system even after the war.
    * **Operational traffic management:** The Ministry of Defense determines the procedure for administering the “shared data pool.” This allows for the flexible redistribution of gigabytes between units on the frontline, restricting access in the event of terminal compromise, or promptly disabling connection for security reasons.

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