The lawyers with “Sergii Koziakov & Partners” Law Firm commented on the procedure of implementing the decision of the National Security and Defense Council enforced by the Decree of the President No. 133/2017, which prescribes to block access to the mail client Mail.ru, Russian social networks «Odnoklassniki» and «Vkontakte», search engine «Yandex» as well as its services. RBC, «TV Center», VGTRK, «NTV Plus» and «Zvezda», «Kaspersky Laboratory» and Dr Web IT- companies, 1C, Softline Group, Parus Corporation IT- services and a number of other Russian IT-companies were also subject to sanctions.
As the lawyer with “Sergii Koziakov & Partners” Law Firm Victor Kompaniets noted in the commentary to the portal “Yurliga”, according to article 6 of the Law “On telecommunications” the basic principle of activity in the field of telecommunications is the access of consumers to public telecommunication network services which are necessary to meet their own needs, participate in political, economic and social life.
“Indeed,on the basis of paragraph 9 of Art. 4 of the Law “On Sanctions” in some cases may be applied a restriction or termination of provision of telecommunication services and use of public telecommunication networks. Therefore, arises the question concerning the validity of adoption the Decree which terminates the rights of market participants on telecommunications and information relations in view of the fact that in Ukraine has not been declared a regime of emergency and martial law or an emergency situation, “stressed Viktor Kompaniets.
In turn, the lawyer of “Sergii Koziakov & Partners” Law Firm Maria Osovskaya believes that such restrictions may cause inconvenience to legal entities in proceeding business because of the need to search for alternatives.
“Today IT-service software products of 1С, Softline Group, Sail Corporation are well-established standards for the work of accounting, management and other types of bookkeeping in small and medium businesses. The ban on the use of 1C and other software products of Russian IT companies makes it impossible for almost any company to function properly, considering the fact that there are practically no quality analogues of similar software in Ukraine. Such a step will lead to the need of searching for and switch to similar software and as a consequence will affect the efficiency of business operations, take time to implement such software in the enterprise, transfer databases and information about counterparties, train staff to use new software”, she noted.
Also she indicates that there is a negative impact of the ban on the use of the resource Mail.Ru, as many companies, including legal ones, use this resource to post corporate mail.
“On the one hand, actions to block above mentioned Internet resources may violate Article 34 of the Constitution, which guarantees the right to freedom of thought and speech, the free expression of views and beliefs, as well as the right to freely collect, store, use and disseminate information verbally, in writing or in any other way on choice.
On the other hand, these actions are permitted by the legislation of Ukraine. Thus, according to the Part 2 of Article 5 of the Law “On Information” the right to information may be restricted within the interests of national security, territorial integrity or public order, with the aim to prevent disorder or crime, to protect public health, to secure the reputation or rights of other people, to prevent the disclosure of information confidently obtained or to ensure the authority and impartiality of justice.”