SPECIFICITIES OF ECONOMIC LIABILITY FOR OFFENSES IN THE FIELD OF TELECOMMUNICATIONS

Анотація

The purpose of the article is to clarify the specificities of economic liability for offenses in the field of telecommunications. Results. The category of legal liability is classified according to various criteria. In practical terms, the classification based on the nature of sanctions and the sectoral feature is considered to be most appropriate. According to the latter, it is customary to distinguish legal liability types, such as criminal, administrative, disciplinary, civil, constitutional and international. It was revealed that spam, as a phenomenon, takes place not only in electronic but also in traditional mail. The economic component of spam is entrusted to the sender, who pays for the postal service, and the postal service delivers to the addressee (to the home mailbox or P.O. box in the post office). The technology in this case allows you to remain anonymous. In fact, in most cases, postal services receive printed products in unconverted form for mass mailing to postal addresses. Such an agreement is beneficial to each of the parties. The postal department proceeds from the need to preserve the postal network in the face of falling demand for subscriptions to printed publications. The sender saves money on creating its own delivery network. The recipient, taking out a pack of advertising booklets from the mailbox, does not feel much irritation. He does not pay for their delivery services as a recipient and does not pay for it even indirectly as a taxpayer. Conclusions. The current legislation defines the grounds for establishing contractual liability. For example, we can cite the provisions of Article 36 of the Law "On Telecommunications", which define the grounds for contractual liability in the relations of telecommunications between operators, providers and consumers, to consumers of these services. In particular, in accordance with the provisions of Part 2 of Article 36 of the above law, if there is a delay in payment for the services provided by the telecommunications operator and provider, consumers pay a penalty calculated by the cost of unpaid services in the amount of the discount rate of the National Bank of Ukraine, which was in effect at the time for which the penalty is charged. These provisions are detailed in the Rules for Provision and Receipt of Telecommunication Services.

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