Measure
2.2.4.4.2. Drafting and submitting to the Cabinet of Ministers of Ukraine the draft Strategy for Development of the Sector of Electronic Communications
Measure status:
The measure is aimed at achieving ESR:
2.2.4.4. The telecommunications sector has been reformed by reforming the telecommunications regulator and legislation as part of Ukraine’s commitments under the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, and on the basis of Directive 2018/1972 (EU)
Problem solving:
2.2.4. Ineffective government regulation, which hinders the growth of honest businesses and fosters corrupt practices
Deadlines:
Responsible implementors (authorities):
Ministry of Digital Transformation of Ukraine
National Commission for the State Regulation of Electronic Communications, Radiofrequency Spectrum and the Provision of Postal Services
Sources of funding:
state budget
Volumes of financing (thousand UAH):
within the established budget allocations for the relevant year
Performance indicator:
The Strategy has been approved by the Cabinet of Ministers of Ukraine.
Implementing status
Progress/Result of implementation:
According to the information provided by the State Service of Special Commucations and Information Protection of Ukraine for the second quarter of 2023, "due to the introduction of martial law in Ukraine, large-scale military aggression of the Russian Federation, which resulted in significant damage to the country's infrastructure, as well as massive migration processes, it is advisable to develop draft acts of the Government within a year after the termination or cancellation of martial law in the country. In addition, the development of these draft acts requires relevant research work to be carried out at the expense of the state budget, since funds are required to research the current situation regarding the infrastructure of electronic communication networks and to develop scientific ways and methods to address the issues of inclusive access for all. Currently, the issue of state funding for the relevant work has not been resolved, and no draft acts have been developed."
The argumentation provided by the State Service of Special Commucations and Information Protection of Ukraine is not perceived as convincing, since:
1) The State Anti-Corruption Programme for 2023-2025 was developed, agreed and refined in the period from July 2022 to March 2023, i.e. in the same time and security conditions as those mentioned in the communication of the State Service of Special Commucations and Information Protection of Ukraine, and the decision to approve it was made in similar conditions by the Cabinet of Ministers of Ukraine;
2) the absence of an approved Strategy for Development of the Sector of Electronic Communications makes it impossible to achieve the Programme's expected strategic result 2.2.4.4. which provides for the implementation of the telecommunications sector reform, including through the reform of telecommunications legislation, which in turn will not contribute to solving the problem of ineffective state regulation, which prevents fair business from developing and causes corruption practices.
At the same time, it is worth noting that according to clause 1 of Resolution of the Cabinet of Ministers of Ukraine dated June 30, 2023 No. 669 On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine on the Powers of Executive Authorities in the Sectors of Electronic Communications and Radio Frequency Spectrum, Public Electronic Registers, Protection of Critical Information Infrastructure and Active Counteraction to Aggression in Cyberspace, the exercise of powers of the central executive authority in the sectors of electronic communications and radio frequency spectrum was provided for up to August 31, 2023 by the Administration of State Service of Special Commucations and Information Protection of Ukraine, is provided for since September 01, 2023 by the Ministry of Digital Transformation of Ukraine.
Due to this, the NACP has proposed to change the main implementer of the measure in the draft act amending the State Anti-Corruption Programme for 2023-2025.
The draft amendments to the said Programme were approved by the Administration of the State Service of Special Communications and Information Protection of Ukraine by letter dated December 20, 2023 No. 21/02-10021/SED.