The so-called Oliynyk-Kolesnichenko law passed by Ukrainian lawmakers on January 16, 2013 by a show of hands has actually given unrestricted power to control the provision of mobile communications services to the authorities, without the introduction of direct restrictions on the provision of mobile communications services, a partner of Volkov & Partners law firm Roman Drozhansky has told Interfax-Ukraine.
The lawyer said that new Article 63 of the law on telecommunications
says that mobile communications services are to be provided on the basis
of a contract signed between the operator and telecommunication service
consumers under a procedure set in Ukrainian law.
“Now regulatory agencies could introduce the requirement not only to
present passports when purchasing mobile operators’ starting packages,
but any other restrictions that could be introduced without any control
by lawmakers,” he said.
Drozhansky said that the introduction of tough controls when selling
mobile communications starting packages could have serious negative
consequences for the business models of mobile communications operators
in small towns and rural areas.
“With the introduction of measures which, for example, require
visiting the office of a mobile operator by consumers to sign a written
contract, residents of rural areas will not be able to buy starting
packages from intermediaries and will have to go to the nearest
settlement where there is a representative office of a mobile operator,”
he said.
In addition, lawyer said that the introduction of a requirement to
sign written contracts with information that can identify consumers for
existing mobile numbers could be a problem for mobile operators.
“Not to mention the large inconveniences for consumers, mobile
operators will have to sign written contracts with millions of
consumers,” he said.
In addition, he said that the necessity of providing ID information
during the purchase of the mobile communications starting packages could
be a serious problem for businessmen, lawyers and journalists, who
often buy so-called ‘non-permanent’ numbers due to many cases of
violation of secret of phone talks.
