track URLs visited by subscribers and to inform law enforcement about users who
attempt to open Web sites containing child pornography. The draft recommends
blocking child pornography sites, and envisions criminal liability for ISPs that host
such Web sites. The draft law has been widely criticized, but the author has not withdrawn it. 50
The Supreme Economic Court accepted the 2004 Resolution on Certain Issues Concerning the Resolution of Disputes Related to Copyright and Intellectual Property
Rights Protection, which provides procedures for the protection of intellectual property
rights—in particular, sales of various computer software programs. Ukrainian legislation has been enhanced and brought into line with the TRIPS requirements by several
laws amending Ukrainian Intellectual Property Laws. 51 However, most of the focus in
Ukraine in relation to music and software piracy has been on offline infringements,
because of the existence of large pirate CD plants in the country. New legislation
adopted in May 2005 was intended to resolve legal loopholes with regard to piracy. In
subsequent years, further legislation in this field was passed providing legal protection
for computer programs, broadcasting and cable retransmission, databases, and resale
rights, as well as adequate enforcement measures. According to the Ukrainian Ministry
of Justice, around 80–90 percent of legislation in almost all key intellectual-propertyrights fields corresponds to the EU acquis communautaire. 52
In February 2007, the Verkhovna Rada adopted amendments to the Criminal Code.
Now individuals charged with piracy can face three to six year imprisonment (up from
the previous two-year sentence) or a fine that could reach a maximum of UAH 51,000
(USD 10,000). 53 Microsoft Ukraine stated that 80 percent of software used in Ukraine
was unlicensed.
In 2004, the Regulation on the Fundamentals of Revealing General Crimes was
adopted by Authorities of the Ministry of Internal Affairs. This regulation authorizes
the use of the police database for crime-fighting purposes. The police database includes
data on the crimes, the persons involved, the items installed, and other relevant investigative data. The regulation does not correspond to the personal data protection provisions of the Council of Europe Data Protection Convention of 1981. There are no
national laws on data retention.
Surveillance
The Council of National Security and Defense is the main governmental body responsible for national security and defense. The Council monitors information security and
coordinates the work of the other executive bodies in the field. The Security Service of
Ukraine is empowered to initiate criminal investigations and use wiretapping devices
on communications. Existing legislation has specified neither the circumstances that
Ukraine
257
attempt to open Web sites containing child pornography. The draft recommends
blocking child pornography sites, and envisions criminal liability for ISPs that host
such Web sites. The draft law has been widely criticized, but the author has not withdrawn it. 50
The Supreme Economic Court accepted the 2004 Resolution on Certain Issues Concerning the Resolution of Disputes Related to Copyright and Intellectual Property
Rights Protection, which provides procedures for the protection of intellectual property
rights—in particular, sales of various computer software programs. Ukrainian legislation has been enhanced and brought into line with the TRIPS requirements by several
laws amending Ukrainian Intellectual Property Laws. 51 However, most of the focus in
Ukraine in relation to music and software piracy has been on offline infringements,
because of the existence of large pirate CD plants in the country. New legislation
adopted in May 2005 was intended to resolve legal loopholes with regard to piracy. In
subsequent years, further legislation in this field was passed providing legal protection
for computer programs, broadcasting and cable retransmission, databases, and resale
rights, as well as adequate enforcement measures. According to the Ukrainian Ministry
of Justice, around 80–90 percent of legislation in almost all key intellectual-propertyrights fields corresponds to the EU acquis communautaire. 52
In February 2007, the Verkhovna Rada adopted amendments to the Criminal Code.
Now individuals charged with piracy can face three to six year imprisonment (up from
the previous two-year sentence) or a fine that could reach a maximum of UAH 51,000
(USD 10,000). 53 Microsoft Ukraine stated that 80 percent of software used in Ukraine
was unlicensed.
In 2004, the Regulation on the Fundamentals of Revealing General Crimes was
adopted by Authorities of the Ministry of Internal Affairs. This regulation authorizes
the use of the police database for crime-fighting purposes. The police database includes
data on the crimes, the persons involved, the items installed, and other relevant investigative data. The regulation does not correspond to the personal data protection provisions of the Council of Europe Data Protection Convention of 1981. There are no
national laws on data retention.
Surveillance
The Council of National Security and Defense is the main governmental body responsible for national security and defense. The Council monitors information security and
coordinates the work of the other executive bodies in the field. The Security Service of
Ukraine is empowered to initiate criminal investigations and use wiretapping devices
on communications. Existing legislation has specified neither the circumstances that
Ukraine
257