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Vasil Kisil & Partners Successful for MIIT in Payment Dispute

Vasil Kisil & Partners Successful for MIIT in Payment Dispute

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Vasil Kisil & Partners has successfully represented the MIIT telecommunication operator in a dispute related to the payment for telecommunication services (IP telephony).

MIIT provides Internet, telephony, analog and digital interactive television, collocation, and mail domain support services.

In this dispute, according to VKP, "all three levels of courts held that the telecommunication company's claims relating to the payment for services were reasonable and thus recovered from the subscriber its debt, including penalties." In doing so, according to a summary provided by the firm, "the courts did not accept the subscriber's arguments ... that it neither ordered nor consumed international telecommunication services to such an extent (international calls were made from the phone numbers assigned to such subscriber). Likewise, the courts dismissed an [argument] that there was unauthorized tampering with the equipment, since it is a subscriber’s responsibility to protect logins and passwords. Accordingly, it was the subscriber who bore all risks related to restricted information being used by third parties and all loss related thereto which could be inflicted either to it (as subscriber), the operator, or other persons. Thus,  unauthorized tampering with equipment is not a reason to release the subscriber from payment for the telecommunication services provided to it."

"Telecom fraud (fraud involving the misuse of telecommunication services by tampering with telecommunication equipment) is quite a widespread phenomenon in the modern technology world," said Vasil Kisil & Partners Counsel Oleg Kachmar. "Subscribers usually refuse to pay bills resulting from unauthorized tampering with their telecommunication equipment. However, the court practice in similar cases in Ukraine shows that the subscriber is obliged to pay for the services, though he or she is not prevented from recovering the damage caused by person guilty in unauthorized tampering."

The VKP team consisted of Partner Alexander Borodkin, Counsel Oleg Kachmar, and Associate Yuriy Kolos.

Ukraine Knowledge Partner

AVELLUM is a leading Ukrainian full service law firm with a key focus on Finance, Corporate, Dispute Resolution, Tax, and Antitrust.

Our aim is to be the firm of choice for large businesses and financial institutions in respect of their most important and challenging transactions.

We build lasting relationships with our clients and make them feel secure in new uncertain economic and legal realities.

We incorporate the most advanced Western legal techniques and practices into our work. By adding our first-hand knowledge, broad industry experience, and unparalleled level of service we deliver the best results to our clients in their business endeavours. Our partners are taking an active role in every transaction and ensure smooth teamwork.

AVELLUM is recognised as one of the leading law firms in Ukraine by various international and Ukrainian legal editions (Chambers, The Legal500, IFLR1000, The Ukrainian Law Firms, and others).

Firm's website: www.avellum.com

 

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