The current issues in legal regulation of mobile network connection servicesJournal: LAW AND INNOVATIVE SOCIETY (Vol.2, No. 1)
Publication Date: 2013-01-08
Authors : Yefremova K.V.;
Page : 152-165
Keywords : mobile communications; mobile services; regulation of mobile services; contract for mobile services.;
The article concerns with contentious issues of legal relations bears on providing mobile communications services and its legal regulation. The author examines abovementioned issues in the meaning of legal structure, which consists of subjects, objects and their contents. The research involves the determination of the legal status of the subjects, the possibility of a unilateral change of contract conditions, etc. Legal relations arising from the use of mobile devices and providing mobile service can be defined by their own structural elements ? subjects, objects and content. Topical issues relating to mobile service providers and their abonents legal status determination has been researched by the Author. There are several ways of mobile service providing in Ukraine: based on written contract or non-written (implied contract) where abonent is identified or not identified. Very often mobile service companies revise contracts unilaterally. In this case operators change tariff illegally. It is necessary to anticipate possible contract changes and determine the abonent’s right to terminate the contract. The questions of unilateral repudiation of the rights and obligations under the contract may also be discussed in advance. If some items to be included are not agreed prior to the signing of the contract (for example, in the case of mobile operators), it will be necessary to prove that terms of an agreement are substantially different from the original agreement. In spite of the complexity and abeyance, legal relations arising from the use of mobile devices and providing mobile service are fundamental part of social life. That is why the main task of the state is to provide a platform for dialogue between subjects of legal relations, mentioned above, and to ensure the benefit for the parties.
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