The Constitutional Court has ruled that paragraph 1-2 of Article 41-1 of the Law "On Communications", which allows for the temporary restriction of communication networks and access to internet resources in certain cases, is in accordance with the Constitution. At the same time, the Court noted the need to clarify certain provisions of the norm and recommended that the Government consider improving the legislation.
WHAT WAS THE SUBJECT OF THE REVIEW
According to the press service of the Constitutional Court, the reason for the review was an appeal from a citizen who challenged the application of paragraph 1-2 of Article 41-1 of the Law "On Communications".
The applicant believed that this norm restricts his rights to freedom of speech and creativity, the free receipt and dissemination of information, as well as the right of access to information and judicial protection. Previously, the courts had refused to satisfy his claims.
WHAT MEASURES ARE PROVIDED FOR BY THE LAW
According to the contested norm, in urgent cases related to the threat of committing serious and particularly serious crimes, or crimes being prepared or committed by a criminal group, the Chairman of the National Security Committee, his deputies, heads of territorial bodies, or persons acting in their stead, have the right to suspend the operation of networks and communication facilities, the provision of communication services, as well as access to internet resources and the information posted on them.
The authorised bodies in the fields of communications, mass media, and the Prosecutor General's Office must be notified of the aforementioned measures within 24 hours.
WHAT DECISION DID THE CONSTITUTIONAL COURT MAKE
Following the review, the Constitutional Court found no contradictions between paragraph 1-2 of Article 41-1 of the Law "On Communications" and the Constitution.
The Court indicated that the restrictions provided for by the law are aimed at protecting the constitutional order, public order, human and civil rights and freedoms, as well as the life and health of citizens. The ruling notes that such measures are temporary in nature and are applied for the prompt prevention or suppression of unlawful actions.
WHAT DID THE COURT RECOMMEND
At the same time, the Constitutional Court noted the need to specify evaluative concepts, establish reasonable time limits for the application of such measures, and define criteria for restrictions while maintaining a balance between public and private interests.
In this regard, the Government has been recommended to consider the issue of improving the legislation.