Legislation


The Law of Ukraine

On the Basic Principles for the Development of an Information-Oriented Society in Ukraine for 2007–2015

Date of Entry into Force:

January 09, 2007

  1. General Provisions
The Key Principles shall establish that certain legal principles for building an information society in Ukraine have already been formed: the Verkhovna Rada of Ukraine adopted a number of regulatory and legislative documents that, in particular, shall regulate social relationships connected with the creation of information electronic resources, the protection of intellectual property for these resources, the institution of electronic document circulation, and the protection of information. Ukraine is training and has a significant number of highly skilled specialists in information and communication technologies, mathematics and cybernetics. The country can boast of ongoing growth and upgrading of its stock of computer equipment, modern systems and means of telecommunications and communication. Along with that, the Key Principles also shall envisage that the degree of building an information society in Ukraine as compared with global trends is not sufficient and does not comply with the potential and capacities of the country, as:
  • there is no coordination of efforts made by the public and private sectors of the economy for the purpose of effective and efficient utilization of the available resources;
  • the effectiveness and efficiency of utilizing financial, material and personnel resources aimed at computerization and the institution of information and communication technologies in the social and economic area is low;
  • there is an evident lag in instituting technologies of electronic business, electronic exchanges and tenders, electronic depositories, using cashless settlements for goods and services, and so on;
  • the level of computerization in specific sectors of the economy and in some regions of the country is low;
  • the process of creating infrastructure for the provision of information services to legal entities and private individuals with the use of the Internet by government bodies and bodies of local government is slow;
  • the level of information presentation of Ukraine in the internet is low, while the presence of Ukrainian-language information resources is insufficient, and so on.
At the moment, there are pre-conditions that require accelerated development of an information society in Ukraine. This is connected with social and economic inequality that emerges between developed economies and developing countries. Such inequality has a negative impact on the competitive ability of countries and living standards of their population. The fulfillment of a large-scale, multifaceted objective requires a harmonious combination of the efforts made by the state, the society, trade unions, businesses, and private individuals related to the institution of the relevant Key Principles.
  1. Objectives, goals and areas for the development of an information society in Ukraine
The development of an information society in Ukraine and the institution of the latest information and communication technologies in all areas of the life of the society and the activities of government bodies and bodies of local government shall be determined as one of the priority areas of government policy. The main areas for the development of an information society in Ukraine were identified the following:
  • formulating and instituting legal, organizational, scientific and technical, economic, financial, technological, and methodical terms and conditions for the development of an information society in Ukraine, with due consideration for global trends;
  • ensuring comprehensive development of a public information infrastructure based on the principles of promoting domestic production of up-to-date information and communication technologies and information and communication systems, and also overcoming technical and technological dependence on foreign producers;
  • providing free access for the population to telecommunications services, in particular, to the internet, information and communication technologies and information resources;
  • expanding the variety and the quantity of services for the population and businesses that are provided with the help of information and communication technologies;
  • creating public electronic information resources on the basis of taking into consideration national, outlook-based, political, economic, cultural, and other aspects of Ukraine’s development;
  • providing each individual with a possibility to acquire knowledge, skills and abilities related to the use of information and communication technologies at the time of studying, training and professional training;
  • creating the conditions for supporting computer and information literacy of all strata of the population, creating a system of motivation for instituting and using information and communication technologies for the purpose of forming a broad demand for such technologies in all areas of the life of the society;
  • providing for the participation of the public in building an information society, supporting constitutional rights of the individual, the society and the state in the area of information;
  • developing and instituting a system of indictors for the development of an information society in Ukraine, along with the introduction of the relevant changes to the system of government statistical observations by harmonizing them with international standards and the relevant methodology, and their annual publication.
Instituting the principles for the interaction of participants in building an information society shall envisage that this society shall be built on condition of cooperation and solidarity of citizens, private sector of the economy, government bodies and bodies of local government, and the relevant associations of citizens when:
  • government bodies identify development priorities, provide for their achievement and comprehensive support, coordinate and provide incentives for the fulfillment of objectives, formulate the legislative basis and oversee how it is implemented by all participants in building an information society;
  • private sector of the economy mostly provides for the institution and the utilization of information and communication technologies in all areas of the life of the society, improves information infrastructure, provides information and communication services, and so on;
  • associations of citizens interact with government bodies, bodies of local government and private sector of the economy in issues related to providing for fair and equal access to information and communication services, formulate the public opinion regarding the priorities and prospects for developing an information society;
  • the state, private sector of the economy and associations of citizens contribute to establishing and expanding mutually beneficial relationships with international organizations, including with international financial institutions that play the leading role in the development of an information society and the evaluation of progress in this area.
  1. National policy for the development of an information society in Ukraine
It shall be specified that the national policy for the development of an information society in Ukraine shall be based on the following principles: the priority of scientific, technical and innovative development of the country; the creation of the necessary legislative and favorable economic conditions for this purpose; comprehensive development of a public information infrastructure, information resources and the provision of ubiquitous access to telecommunications services and also information and communication technologies; promotion of the expansion of the variety and the quantity of electronic services, provision for the creation of public electronic information resources; improvement in the personnel potential; enhancement of the motivation for the utilization of information and communication technologies; broad introduction of information and communication technologies in science, education, culture, healthcare, and environmental protection; the provision of information security.
The priority of scientific, technical and innovative development of Ukraine shall require:
  • coordinating and consolidating efforts of the state, businesses and the society with respect to implementing the Key Principles and objectives related to the development of an information-based society in Ukraine;
  • agreeing national, sectoral and regional programs, and business projects in the area of developing and using information and communication technologies;
  • creating electronic information resources that should be used in the exchange of information;
  • instituting mechanisms for the provision of information services to legal entities and private individuals with the use of the internet by government bodies and bodies of local government;
  • providing for the realization of the contents of the policy for the development and the formation of an information society in Ukraine by heads and directors of community organizations, enterprises, institutions, and organizations of all forms of ownership and various subordination, government bodies and bodies of local government at all levels;
  • raising the role of the general government customer of the National Computerization Program, as well as improving the mechanism for the formulation and implementation of the above-mentioned program, raising its financing along with the inclusion of all computerization projects financed at the expense of funds of the State Budget of Ukraine in the above-mentioned program;
  • providing government support and providing incentives for the institution of information and communication technologies in science, education, business, production, the stock market, exchanges, and so on;
  • involving a broad circle of specialists in the relevant areas and the public in formulating the national policy and tackling problems of the development of an information society;
  • channeling efforts of government bodies into the creation of favorable conditions for instituting and utilizing information and communication technologies, identifying them in development programs of Ukraine;
  • promoting the advantages of building an information society;
  • including the main issues related to the development of an information society in Ukraine in action programs of the Cabinet of Ministers of Ukraine, government programs for economic and social development of Ukraine.
The Key Principles shall stipulate that Ukraine shall have to draft and adopt an Information Code of Ukraine. This Code shall include chapters, in particular, related to the principles of electronic commerce, legal protection of rights for the contents of software, the improvement of protection for intellectual property rights, including copyright, at the time of posting and using works and products in the internet, the protection of databases, distance learning, telemedicine, the provision of information services to legal entities and private individuals with the use of the internet by government bodies and bodies of local government, commercial secret, and so on. At the same time, it shall also be necessary to prepare and introduce amendments to the legislation on computerization issues.
The main macroeconomic objectives in the process of developing an information society shall be determined the following:
  • ensuring sustainable economic growth of the country and of material well-being of its citizens by way of introducing information and communication technologies;
  • ensuring an increase in the contribution to economic growth of the country made by enterprises that carry out activities in the area of computerization and sectors that broadly use information and communication technologies by way of formulating balanced regulatory and fiscal policies;
  • promoting business activity in the area of information and communication technologies by way of forming a system of administrative, legal and economic mechanisms that should stimulate demand for information products;
  • attracting investment in information and communication technologies, developing competition and advertising Ukrainian products on the international market.
The Key Principles shall propose to examine the possibility of:
  • including the cost of information and communication technologies and means purchased for personal use in tax credit at the time of calculating personal income tax;
  • including expenditures channeled by enterprises and organizations into financing the relevant educational institutions and divisions oriented towards information and communication technologies offering training and advanced professional development for employees in the area of information and communication technologies in gross expenditures;
  • developing and introducing incentives for enterprises that carry out activities in the area of computerization;
  • creating business incubators, technological parks, high information technologies centers, and other innovative structures and supporting their operation.
It shall be established that a public information infrastructure of the country shall be formed by way of:
  • developing national, sectoral and regional information systems, networks and electronic resources, information and analytical systems of government bodies and bodies of local government;
  • creating up-to-date competitive information and communication technologies, computerization means and software by domestic producers on the basis of fundamental and applied research;
  • accelerating works related to the development, creation and application of supercomputer systems;
  • activating the introduction of a system of electronic payments for purchased goods, fulfilled works and provided services;
  • creating archive, library, museum, and other stock of cultural institutions in the electronic format, forming the relevant library storage systems and information storage and retrieval systems;
  • fulfilling obligations related to international cooperation aimed at the development of an information infrastructure and providing for the expansion of Ukraine’s participation in the relevant international initiatives.
Ubiquitous access to telecommunications services and information resources shall provide for:
  • creating possibilities for access to the internet in all settlements of Ukraine;
  • accelerating the conversion of radio frequency resources in favor of civil users;
  • identifying the strategy for the development of universal telecommunications services, examining the expediency of creating a fund of universal services to provide for the access of impoverished strata of the population to such services and also developing a legal, financial and economic mechanism for the operation of the above-mentioned fund;
  • identifying the most favorable technical, organizational, economic, and commercial conditions for interconnections of telecommunications networks of different operators.
It shall be set forth that, for the purpose of expanding the variety and the quantity of electronic services, it shall be necessary:
  • to identify the status and the list of mandatory electronic services that shall be provided by government bodies and bodies of local government to legal entities and private individuals, to provide for the implementation of the “one-stop shop” principle;
  • to implement additional measures aimed at creating favorable conditions for the provision of services with the uses of information and communication technologies to individuals who need social assistance and rehabilitation;
  • to overcome the lag in the introduction of up-to-date information and communication technologies by business entities;
  • to promote the activities of the existing and the emergence of new national companies – integrators, developers of hardware and software systems in the area of electronic commerce, to develop economic mechanisms to provide incentives for switching to these technologies for small and medium enterprises;
  • to accelerate the introduction of information and communication technologies in the agricultural sector of the Ukrainian economy;
  • to provide incentives for setting up a network of training centers, courses for studying the specifics of electronic commerce and for retraining directors and specialists in different areas of activity for the purposes of working in a new environment;
  • to raise the effectiveness, efficiency and transparency of government procurements along with the provision for the intensified introduction of a system of electronic procurements, to implement measures for creating sectoral vertical internet-portals;
  • to provide for the drafting of regulatory and legislative documents related to the use by private individuals and legal entities of payment cards for the purpose of spreading cashless payments in Ukraine and developing the national system of mass electronic payments.
At the time of creating public electronic information resources, it shall be envisaged, in particular, to provide for:
  • worthy information identification of Ukraine in the global internet space;
  • the generation of national information resources in the economic, scientific and technical, social, national and cultural areas, and in the area of environmental protection;
  • the compliance of electronic information resources with standards and technical regulations, national, sectoral and local classifiers and directories;
  • the creation of a system of data centers that shall provide services to store and protect data, the creation of virtual servers, web-hosting, and so on;
  • the storage in the electronic format of rare data that are stored on carriers that may deteriorate or collapse, with the identification of terms and condition for their storage;
  • the identification of the legal status of the mass media that create solely electronic information resources, and so on.
For the purpose of ensuring studying, training and professional training of an individual to work in an information society, it shall be necessary:
  • to develop the national scientific and educational space that shall be based on the integration of various national multi-purpose information and communication systems;
  • to develop methodological support for the use of computer multimedia technologies at the time of teaching subjects and disciplines in schools, to take account of the specifics of working with information and communication technologies in the systems for teaching and training students of pedagogical higher educational institutions and for retraining teachers;
  • to provide for the priority of training specialists in information and communication technologies;
  • to improve curricula, to open new professions dealing with up-to-date information and communication technologies, to implement the principle of “lifelong learning”;
  • to create systems of distance learning and to provide, on the basis of such systems, for effective and efficient institution and utilization of information and communication technologies at all educational levels and for all forms of learning;
  • to support educational institutions and scientific institutions with modern economical, effective and efficient means of information and communication technologies and the necessary information resources;
  • to provide free access to means of information and communication technologies and information resources, especially in rural areas and out-of-the-way settlements;
  • to enhance computer literacy of the population on the basis of cooperation between private sector of the economy and bodies of local government;
  • to provide for the development of a national scientific and educational information network and information resources in the principal areas of knowledge.
It shall be established that the development of an information society shall require the creation of the relevant system for motivating the population to institute and utilize information and communication technologies. For this purpose, it shall be necessary:
  • to provide for computer and information literacy of the population and civil servants;
  • to develop a system of administrative, legal and economic mechanisms that shall stimulate demand for information products;
  • to contribute to raising living standards of each individual by way of using information and communication technologies;
  • to provide for ongoing analysis and publication of the results of using information and information and communication technologies in the day-to-day life of individuals.
For the purpose of raising the effectiveness and efficiency of science and culture in an information society, it shall be proposed to prioritize:
  • the carrying out of fundamental and applied research into the development of an information society;
  • the preservation and the development of cultural linguistic and religion-based diversity and cultural achievements within the frameworks of an information society;
  • to introduce information and communication technologies in libraries, archives, museums, and other cultural institutions;
  • to convert national achievements in the area of culture and arts into the electronic format;
  • to attract the capacities of domestic programmers for the development and the distribution of software with the use of the Ukrainian language and languages of national minorities in Ukraine for a more comprehensive involvement of various strata of the population in the use of information and communication technologies.
Involving information and communication technologies in improving the demographic situation, preserving and strengthening health of the population, improving the quality, effectiveness and efficiency of medico-sanitary assistance, providing for social justice and rights of citizens for healthcare shall be among the priority objectives for Ukraine. At the same time, the institution of information and communication technologies in healthcare shall require:
  • encouraging government bodies and bodies of local government, specialists in healthcare, representatives of private sector of the economy, along with the involvement of international organizations, to joint actions for the purpose of creating reliable, high quality, accessible, and affordable systems of telemedicine and mass electronic medical and health-improving means for household utilization;
  • raising the organizational and technological level of development of information and communication technologies in healthcare, providing for the readiness and preparedness of medical workers to work with them;
  • expanding the possibilities for the provision of up-to-date medical services that shall take place on condition of regulatory, legislative and methodological definition of telemedicine services;
  • providing for access to global medical knowledge and important and urgent information resources at the local level for the purpose of raising the effectiveness and efficiency of implementing government research and prevention programs in healthcare;
  • developing standards for the exchange of medical data on condition of providing for inviolability of private life.
It shall be set forth that issues of environmental protection are becoming more and more tangible and important for the humankind, including for Ukraine. It shall be possible to tackle these issues by way of:
  • developing cooperation of government bodies and bodies of local government with representatives of the general public, private sector of the economy, international environmental organizations, improving the management system in the area of environmental protection and providing for stable utilization of natural resources by way of instituting information and communication technologies;
  • expanding access of the public to environmental information, providing for timely information about the results of regional environmental audit and environmental monitoring, making decisions on environmental problems, and taking account of the interests of the public at the time of resolving such issues.
The Key Principles shall specify that information security shall be the state of security for vitally important interests of the individual, the society and the state which shall prevent the causing of damages through: incomplete, untimely and unauthentic information that is being used; negative information impact; negative consequences of using information technologies; unauthorized dissemination and utilization of information, as well as the breach of integrity, confidentiality, accessibility, and availability of information. It shall be specified that the problem of information security shall be tackled by way of:
  • creating a full-function information infrastructure of the state and providing for the protection of its critical elements;
  • raising the level of coordination of activities of government bodies with respect to detecting, evaluating and forecasting threats to information security, preventing such threats, and providing for the elimination of their consequences, engaging in international cooperation with respect to such issues;
  • improving the regulatory and legislation base with respect to the support for information security;
  • developing and elaborating a National System for Confidential Communication as an up-to-date secure transport foundation.
IV. Organizational and legal principles for the development of an information society in Ukraine

It shall be stipulated that organizational and legal principles for the development of an information society in Ukraine shall include: institutional, organizational and resource support; the relevant association of citizens; mechanisms for the integration of Ukraine into the global information space, and mechanisms for the implementation of the Key Principles. At the same time, it shall be established that the development of an information society shall be carried out through:
  • the participation of the relevant associations of citizens in preparing decisions of government bodies and bodies of local government in matters related to an information society and in overseeing how these decisions are fulfilled;
  • the organization of ongoing meetings, roundtables and videoconferences with top officials of the country and leaders of political parties for the purpose of discussing and tackling issues related to the development of an information society in Ukraine;
  • the creation of conditions for ensuring independence and pluralism of the mass media, as well as their involvement in discussing problems of the development of an information society.
According to the Key Principles, for the purpose of ensuring Ukraine’s integration into the global information space, it shall be necessary:
  • to expand cooperation with the leading international organizations regarding the development of an information society within the frameworks of Ukraine’s international treaties and agreements related to scientific and technical cooperation and international technical assistance;
  • to provide for the integration of Ukraine’s education, science and culture into the global, cultural, educational, scientific and technical information space;
  • to implement, within the frameworks of Ukraine’s international treaties and agreements, joint projects that shall provide for Ukraine’s integration into the global information space;
  • to contribute to the development of partnerships between public and private sectors of the economy in the context of building an information society according to the Millennium Declaration of the United Nations Organization.
It shall be envisaged to implement the Key Principles through the following key mechanisms:
  • planning social and economic development of Ukraine, with due consideration for the needs of the development of an information society with the indication of expected results of such development;
  • developing and adopting the relevant government program for the purpose of providing for the objectives of developing an information society in Ukraine;
  • supporting a public discussion with respect to the principles for forming an information society in Ukraine for the purpose of informing the population about the aspirations of government bodies and bodies of local government, private sector of the economy, and associations of citizens regarding the development of an information society;
  • carrying out active international cooperation in matters related to an information society;
  • providing for harmonious combination of the capacities of government bodies, bodies of local government and private sector of the economy;
  • financing national programs and government targeted programs for the institution of information and communication technologies, as well as socially important projects;
  • coordinating the development and implementation of national programs, government targeted programs and business projects for the purpose of reducing investment risks and lowering operating expenses;
  • promoting the operation of specialized business incubators, technological parks, technopolises, high information technologies centers, and other innovative structures related to information and communication technologies.
V. Expected Results
The implementation of the Key Principles shall make it possible:
  • to enhance the level of protection for human rights and freedoms, as well as human well-being, to enliven the participation of citizens in managing the country and also to contribute to the development of democracy;
  • to raise the competitive ability of Ukraine, the effectiveness and efficiency of public administration, labor productivity in all areas of the economy, the level of information security of the individual, the society and the state, the level of development of the information and telecommunications infrastructure;
  • to provide for the transition of the economy to the model of scientific, technical and innovative development;
  • to increase the share science-intensive products;
  • to contribute to the quality, accessibility and affordability of services in education, science, culture, and healthcare by way of instituting information and communication technologies;
  • to expand the opportunities of the individual to obtain access to national and global information electronic resources;
  • to create new jobs, to improve living and working conditions of the individual;
  • to intensify the institution of regulatory and legal principles of an information society.

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