Out-of-court disputes between providers will be considered regardless of the participation of the other party: changes to the NCEC have come into force

The National Commission for the State Regulation of Electronic Communications, Radio Frequency Spectrum and the Provision of Postal Services (NCEC) has changed the rules for out-of-court dispute resolution between electronic communications network and/or service providers, eliminating the possibility of blocking such a procedure by one of the parties. The relevant changes are provided by the resolution dated May 13, 2026, No. 221, which came into force on June 26, 2026. The document was registered with the Ministry of Justice of Ukraine on June 10, 2026, under No. 849/46243.

The resolution amends the Procedure approved by the NCEC resolution dated September 6, 2023, No. 344. Its purpose is to improve the mechanism for out-of-court dispute resolution between electronic communications network and/or service providers and to align national procedures with the provisions of the European Electronic Communications Code.

An effective mechanism for out-of-court dispute resolution is one of the key tools to ensure the stable functioning of the electronic communications market. The speed and transparency of resolving such disputes affect not only the protection of market participants' rights but also the continuity of service provision to end users, the development of competition, and the efficiency of state regulation of the sector.

What the resolution changes

The main innovation of the document is eliminating the possibility to block out-of-court dispute resolution by refusing participation by one of the parties.

Previously, a party whose actions or inactions were challenged could effectively halt the out-of-court settlement by refusing to participate. From now on, if at least one provider applies to the NCEC with a dispute resolution request, the regulator is obliged to consider the dispute and make a decision according to the established procedure.

The changes also clarify who the parties to the dispute are. They are now recognized as the provider who applied to the NCEC for dispute resolution and the provider whose actions or inactions are challenged.

Additionally, the resolution details the procedure for obtaining information necessary for reviewing the application, sets clear procedural deadlines, and defines the consequences of failure to provide documents by one of the parties.

Special attention is given to protecting end users of electronic communications services. It is expected that the improved procedure will allow faster resolution of conflicts between providers in cases affecting service provision to consumers.

At the same time, the right of the parties to go to court remains unchanged and can be exercised at any stage.

Procedure for requesting information

The resolution details the interaction procedure between the NCEC and the parties to the dispute and establishes clear procedural deadlines.

After preliminary consideration of the application, the responsible NCEC unit within 15 working days from the date of registration sends a request to the provider whose actions or inactions are challenged, asking for proposals on dispute resolution, explanations, materials, and other information necessary for reviewing the application.

The provider receiving such a request must provide the NCEC with explanations, copies of documents, and other information necessary to establish the factual circumstances of the case within 10 working days.

One of the key changes is also that failure to provide the requested information within the established deadline no longer suspends the dispute review. In such a case, the NCEC continues the review based on the available evidence.

Main provisions of the resolution

The NCEC resolution stipulates that the parties to the dispute are the provider who applied to the NCEC for dispute resolution and the provider whose actions or inactions are challenged.

The resolution provides that refusal of out-of-court dispute resolution is only possible if the application was submitted by the provider after the deadline specified in paragraph 2 of section 2 of the Procedure.

In addition, subparagraph 4 of paragraph 6 of section 11 of the Procedure after the words "who was one of the parties in the case" is supplemented with the words "except for the termination of a legal entity related to its reorganization".

Practical significance of the changes

The introduced changes aim to increase the efficiency of out-of-court dispute resolution between electronic communications network and/or service providers. They prevent blocking the dispute review due to refusal of one party to participate in the procedure, establish clear deadlines for interaction with the NCEC, and ensure continuation of the review even if the requested information is not provided.

At the same time, the resolution preserves the market participants' right to go to court and aligns the national dispute resolution procedure with the provisions of the European Electronic Communications Code.

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