ADVANTAGES OF THE CURRENT STATE OF LEGAL REGULATION OF ADMINISTRATIVE LIABILITY FOR VIOLATIONS OF TELECOMMUNICATIONS NETWORK PROTECTION RULES

Abstract

The article provides a comprehensive scientific and legal description of the advantages of the current state of legal regulation of administrative liability for violation of the rules for the protection of telecommunications networks. The relevance of the study is justified by the decisive role of electronic communications in ensuring the stable functioning of public administration, financial services, warning systems, emergency assistance, defense management, education and everyday communication. It is emphasized that damage to cable lines, telecommunications facilities, technical means or failure to comply with established requirements during work in protected areas is not limited to causing property damage to the operator, but creates a danger of simultaneous violation of private, public and state interests. The regulatory, institutional and procedural components of the relevant legal mechanism are consistently considered. The significance of the provisions of the Law of Ukraine «On Electronic Communications» and the Rules for the Protection of Telecommunications Lines, which specify the protected areas, spatial and technological parameters of network protection, the procedure for carrying out work, requirements for approval, marking and compliance with special restrictions, is shown. The role of the national regulator in the field of electronic communications is determined, whose competence includes the consideration of cases of offenses provided for in Article 147 of the Code of Administrative Offenses. It is emphasized that the specialized nature of the regulator, the principles of its independence, collegiality, openness and professionalism create the prerequisites for a qualified assessment of the technical circumstances of the relevant cases. Attention is also drawn to the general procedural guarantees of the Code of Administrative Offenses, which regulate the collection and evaluation of evidence, the preparation of a protocol, the exercise of individual rights, the issuance of a resolution and its appeal. The author’s understanding of the advantages of the current state of legal regulation of administrative liability for violations of the rules for the protection of telecommunications networks is proposed as a normatively or institutionally fixed property of the relevant mechanism, which increases its ability to timely prevent unlawful encroachments, accurately determine the grounds for legal liability, respond proportionately to different degrees of harmfulness of acts, ensure professional consideration of the case and guarantee the protection of the procedural rights of the individual. The system of the main advantages of the current legal regulation is substantiated and the essence of each of them is characterized. According to the results of the study, it is summarized that the modern mechanism of administrative liability for violations of the rules for the protection of telecommunications networks is of a complex and functionally interconnected nature. Its advantages lie not only in the strengthening of sanctions, but primarily in the combination of a special composition of the administrative offense, preventive and effective response models, a wide subject of legal protection, differentiated sanctioning influence, special technical rules, professional competence of the national regulator and general procedural guarantees. It is proven that such a system is aimed both at the application of administrative penalties after the commission of an offense, and at the early prevention of dangerous interference in the functioning of the electronic communications infrastructure, the protection of which is an independent direction of ensuring the stability of socially important processes.