Issue: № 4, 2024
Doi: https://doi.org/10.37634/efp.2024.4.2
The paper examines the administrative and legal basis of the functioning of the National Commission, which carries out state regulation in the spheres of electronic communications, radio frequency spectrum and postal communications in Ukraine. The main tasks, functions and powers of the National Commission are summarized, the main purpose of its creation and functioning is indicated - it is the regulation of the communication industries, the electromagnetic spectrum and the postal industry in Ukraine. It was determined that the National Commission aims to ensure equal conditions for all participants of these markets. The regulatory framework regulating the Commission's activities, including regulatory acts, was analyzed. Problems related to the procedure for appointing the chairman and members of the commission, which may affect their independence and effectiveness of regulation by the regulatory and legal framework, are highlighted. Important aspects of providing anti-crisis management and protection of electronic communication infrastructure in the conditions of military conflict are outlined and highlighted. In the work of the National Commission, inconsistencies and contradictions in the legislative framework regulating the Commission's activities were identified and the need to improve the administrative and legal framework was emphasized to ensure the effective functioning of the body in the context of modern challenges and integration with the European Union, also military risks should be taken into account, which should be reflected in the normative legal acts regulating the activity of the commission, in particular, the use of the radio frequency spectrum should take into account not only the economic component, competitiveness and impartiality, but also the responsibility for the security of the state.
Keywords : National Commission, state regulation, electronic communications, organizational and legal analysis, military conflict
References:
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