Association Agreement

by Artem Taranowski

OK, the Association Agreement is in force now.

It seems that Ukrainian intermediary service providers are not liable anymore for the information transmitted where they meet the conditions.

One may argue that the Parties just have to provide for such a measure and ensure that while Ukraine has 18 months to fully implement that.

But what if Ukraine has already provided, ensured, and implemented that?

Seriously.

According to Article 9 of the Constitution of Ukraine and Article 19(1) of the Act on International Treaties of Ukraine, international treaties that are in force, agreed to be binding by the Verkhovna Rada of Ukraine, are part of the national legislation of Ukraine and are to be enforced the same way as the national legislation is enforced.

The Association Agreement meets all those requirements, and is therefore a part of the national legislation of Ukraine and is to be enforced the same way as the latter is.

That being the case, in order to have the exemption from liability at their disposal, Ukraine intermediary service providers had rather make sure that their activity is of a mere technical, automatic and passive nature, and that they have neither knowledge of nor control over the information which is transmitted.