Ukraine adopts law on electronic communications, in line with European Code

On September 30, 2020, the Ukrainian Parliament – the Verkhovna Rada – adopted European Integration Law No.3014 “On Electronic Communications”, which  regulates the provision of telephone and Internet access services. The law will protect the rights of subscribers and improve the environment for telecom business development.

The law will enter into force on 1 January 2022. 

In 2019,experts from the  the EU-supported Better Regulation Delivery Office (BRDO)

advocated the implementation of the new In 2019,experts from the  the EU-supported Better Regulation Delivery Office (BRDO) advocated the implementation of the new European Electronic Communications Code instead of old Directives listed in the Annexes to the Association Agreement. This approach compensates for Ukraine’s delay in the implementation of the Association Agreement.

The first text of the draft law based on the EU Code was developed by BRDO experts and presented to the Office of the President on August 27, 2019. The text of the draft law was prepared for the first reading by a working group within the Verkhovna Rada’s Committee on Digital Transformation. The working group included representatives of operators, providers, associations, and experts from BRDO. 

instead of old Directives listed in the Annexes to the Association Agreement. This approach compensates for Ukraine’s delay in the implementation of the Association Agreement.

The first text of the draft law based on the EU Code was developed by BRDO experts and presented to the Office of the President on August 27, 2019. The text of the draft law was prepared for the first reading by a working group within the Verkhovna Rada’s Committee on Digital Transformation. The working group included representatives of operators, providers, associations, and experts from BRDO. 

What will change for subscribers?

• The state will ensure the Internet affordability and geographical coverage throughout Ukraine;
• Subscribers will be able to choose a specific service provided separately from the “package” of services;
• Operators will be required to report the minimum, average, and maximum speed of the Internet service so that subscribers can expect receiving a clear minimum service speed when choosing a service provider;
• There is a possibility of out-of-court settlement of disputes between subscribers and operators. This will allow subscribers to protect their rights more effectively and quickly.

What will changed for business?

• Reduced bureaucratic barriers to the introduction of new technologies. From now on, if operators want to use new technology to provide services, there is no need to obtain a mandatory permit from the state.
• Operators will be allowed to deploy low-power core networks under a simplified procedure without assigning radio frequencies to individual equipment. This, for example, will contribute to the faster introduction of 5G technology.
• The Ukrainian telecom market will become more attractive to European investors, as the updated regulation is harmonised with the European legislation.
• Deployment of fixed and mobile broadband Internet access networks will be cheaper. The law provides for the possibility of operators to access each other’s infrastructure.
• Operators will be able to transfer their radio frequency resource for use to third parties subject to the consent of the National Commission for the State Regulation of Communications and Informatization (NCCIR).

What will change for the state and international partners?

• The state will have objective information on Internet coverage in Ukraine to build networks in regions where it is not available. Operators will be required to conduct geographic surveys of networks and update data at least once a year.
• There will be a transparent electronic system for the interaction of all market players: there, it will be possible to receive administrative services and access to registers and databases.
• The adopted Law fulfills obligations under the Association Agreement and is harmonised with the updated EU legislation.

The BRDO is funded by the European Union within the framework of the FORBIZ project and the EU4Business Initiative, with the aim of simplifying the process of doing business and providing effective state regulation in key sectors of the economy.

The European Union’s EU4Digital programme supports efforts to achieve a common roaming space among Eastern Partner countries by 2020, to strengthen the independence of National Regulatory Authorities, and to develop coordinated strategies for frequency distribution. This complements the work of the EU in the area of broadband: in cooperation with the World Bank, the EU is supporting the roll-out of broadband strategies in the 6 EaP countries.

BRDO Press release