Publication date: 11.07.2024
Liability for violation of the rules for the provision of telecommunications services
Telecommunication services are an integral part of modern life, providing citizens with means of communication, access to information and other important resources. In Ukraine, the provision of telecommunication services is subject to strict standards and regulations aimed at ensuring the quality and safety of such services. Violation of these rules can lead to serious consequences for consumers and service providers. In this article, we will consider the main aspects of liability for violation of the rules for the provision of telecommunications services, the legal framework, types of liability and the procedure for bringing to liability.
Legal and regulatory framework
The provision of telecommunications services in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Telecommunications":
- Defines the legal framework for telecommunications activities, establishes the rights and obligations of operators, providers and consumers of telecommunications services, as well as the procedure for licensing telecommunications activities.
TheLaw of Ukraine "On Protection of Consumer Rights":
- Defines the legal framework for consumer protection, establishes consumer rights, obligations of service providers and the procedure for handling consumer complaints.
Law of Ukraine "On Radio Frequency Resources of Ukraine":
- Regulates the use of the radio frequency resource of Ukraine, establishes the procedure for providing communication services using the radio frequency spectrum, as well as requirements for licensing activities in this area.
Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Rules for Provision and Receipt of Telecommunication Services":
- Establishes requirements for the quality and continuity of telecommunications services, the procedure for concluding contracts, accounting for services and payments for services rendered.
Regulation on theProcedure for State Supervision of Compliance with Legislation in the Field of Telecommunications:
- Defines the procedure for state supervision of compliance with the legislation in the field of telecommunications, establishes mechanisms for control and liability for violations of the legislation.
Code of Ukraine on Administrative Offences (CUAO):
- Provides for administrative liability for violations of the legislation on the provision of telecommunications services, non-compliance with standards and rules of activity in this area.
Criminal Code of Ukraine (CCU):
- Establishes criminal liability for committing crimes in the field of telecommunications, including unlawful interference with telecommunications networks, fraud with the use of communication facilities, etc.
Key violations of the rules for the provision of telecommunications services
The main violations of the rules for the provision of telecommunications services may include:
Failure toprovide services or provision of incomplete services:
- The absence of communication or the provision of incomplete services without justified reasons, which leads to discomfort and dissatisfaction of consumers.
Inadequatequality of telecommunications services:
- Poor communication quality, slow internet, network outages that do not meet established norms and standards.
Violation of the terms of connection and disconnection of services:
- Delayed connection of new subscribers or disconnection of services, which causes inconvenience to consumers.
Failure to complywith confidentiality and personal data protection requirements:
- Unlawful disclosure or use of subscribers' personal data that violates their rights to confidentiality and data protection.
Unlawful charging of fees:
- Charging for services that have not been provided or charging inflated amounts that do not correspond to the actual consumption of services.
Types of liability for violation of the rules for the provision of telecommunications services
Violations of the rules for the provision of telecommunications services may result in various types of liability: administrative, civil and criminal.
Administrative liability:
- Administrative liability is incurred for violations of telecommunications legislation, non-compliance with standards and rules of operation. Sanctions may include fines, warnings, and temporary suspension of the service provider's activities. Such violations are subject to fines ranging from 10 to 200 tax-free minimum incomes, and in case of repeated violations - up to 500 tax-free minimum incomes.
Civil liability:
- Civil liability is incurred in case of material or moral damage to consumers as a result of improper provision of telecommunication services. Consumers have the right to seek damages through the courts. Liability may include compensation for material damage (lost property, repair costs, etc.) and non-pecuniary damage (psychological stress, humiliation).
Criminal liability:
- Criminal liability is incurred for telecommunications offences such as unlawful interference with networks, security violations, and fraud using communications. Sanctions may include fines, imprisonment, and a ban on certain activities. Such violations are punishable by fines in the amount of 500 to 2000 tax-free minimum incomes or imprisonment for up to 10 years.So, whether you need a lawyer's advice or a lawyer's advice, it doesn't matter. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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