Ukraine – new rules for telecom services agreements

New rules for consumer telecoms contracts have been introduced by Ukraine’s National Commission for Communications Regulation.

The rules are called the General Requirements for Telecommunication Services Agreement and will become compulsory for agreements between telecoms operators or providers and consumers as soon as they are officially published.

They are intended to bring greater uniformity to telecoms contracts and strengthen protection for consumers. The NCCR (or State Communication Inspectorate, for which it is responsible) has the power to compel operators and providers to make their agreements comply with the General Requirements in response to consumer complaints.

The rules set out certain requirements for telecom services agreements: in particular, relating to the subject of the agreement, organisational and technical terms relating to the services and the rights, obligations and liabilities of the parties.

The rules also prohibit certain terms from being included in telecom services agreements, such as:

• transferring ownership to the consumer of certain restricted resources (eg radio frequency or numbering resources)
  
  
• charging consumers for maintenance and repair works and services
  
  
• charging consumers for services which are outside the scope of the agreement or not subscribed to
  
  
• restricting consumers from communicating with subscribers to other telecoms networks, or from accessing services offered by another operator or provider
  
  
• billing consumers for services such as dialling a number, receiving a ‘busy’ signal, ending a call or calling the emergency services
  
  
• requiring consumers to provide personal details beyond those needed to complete the agreement and provide the services
  
  
• hindering consumers from making claims or complaints
  
  
• restricting competition
  
  
• including other provisions that discriminate against consumers

Law: The Law of Ukraine No. 1280-IV (18 November 2003) On Telecommunications; The Law of Ukraine No. 1023-XII (12 May 1991) On the Protection of Consumers’ Rights; Decision of the National Commission for Communications Regulation of Ukraine No. 1420 (26 March 2009) On Adoption of the General Requirements to the Telecommunication Services Agreement.