Процес реорганізації адміністрування українського домену верхнього рівня .UA   Reforming .UA - Ukrainian Top Level Domain Name administration
 
 


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Архив UANIC WG, жовтень 2003 року

 

Finished organization and registration of the non-governmental non-profit organisation
"Ukrainian Network Information Center" (UANIC)
designated to administer the .UA ccTLD


Kiev. UNIAN. The new enterprise "Ukrainian Network Information Center (UANIC)" has passed state registration to become the designated organisation to maintain and administer the system register and .UA Top Level Domain (ccTLD) and for coordination of the address policy of the Ukrainian segment of the Internet. The new enterprise is a non-governmental non-profit organisation established for the specific purpose of the .UA ccTLD administration and performing other related functions according to its statute. The enterprise doesn't have a goal to receive profit and will not distribute a profit between its founders.

This information was presented to UNIAN by the director of the new enterprise Yuriy Honcharuk.

According to the received information, the enterprise has been created by the joint initiative of non-governmental organizations of the Internet market participants and interested governmental bodies. As already known, the initiative had been supported by the Decree of the Cabinet of Ministers of Ukraine No. 447 of July 22, 2003 titled "About the .UA administration" which also instructs about creating the UANIC Coordination Council that will define the rules and procedures of registration and use of domain names in the Ukrainian segment of the Internet in the interests of all Ukrainian society, and will coordinate the policy of the address space distribution. The decision about establishing and registration of the UANIC enterprise was approved by the Antimonopoly Committee of Ukraine in accordance to required procedure for the specific area of operation of the UANIC enterprise.

The Coordination Council is an open collegial form of the community and stakeholders participation in the UANIC enterprise management and supervision. The Council membership will be built on the principle of the parity of interests and will consist of the representatives of non-governmental organizations - associations of Internet service providers, Network operators, public organizations that will represent most groups of the Ukrainian Internet community and the representatives of different governmental bodies, not limited to one or two. The important issue is that governmental representatives will not have a control number of votes or veto right, in the same time it is expected that non-governmental representatives having equal voting power will be more active in the Council. The Council's decisions will be taken on the basis of the parity of interests of all participating parties. The members will intent to reach a consensus on all issues, however in cases when a rough consensus can be reached the decision will be considered as passed if it is supported by 2/3 (two-third) of the Council members. This principle of the Council operation in respect to the .UA ccTLD administration, as a critical national resource, is envisaged to be an effective form of interaction between governmental bodies and non-governmental organizations representing major sectors of the Ukrainian Internet community and Internet business and guarantee of the stability and development of the .UA domain. By their non-exclusive participation in the UANIC Coordination Council, the governmental bodies confirm that in respect to the important components of the Internet infrastructure of Ukraine they will not attempt to make any decision without agreement and consent from the non-governmental organizations representing the Ukrainian Internet community and Internet business. On other hand, the decisions and recommendations made by the Council will have the shortest way to the concerned governmental bodies and more chances for full support.

The described above UANIC administration principles and related foundation documents are the result of an open and long-term (more than 3 years) process of cooperation between different parties of the Ukrainian Internet community including associations of Internet service providers, domain name registrars, governmental bodies, and society in general. At present time, the representatives of six interested non-governmental organisations (associations and public organization) expressed their interest to participate in the UANIC Coordination council.
In the near future, there will be formed the new structure of the Council, committees of legal specialists and registrars, and taken next steps to prepare the UANIC enterprise to execute its statute functions. The particular steps will include signing the agreement between the enterprise and the State Committee on Telecommunications and Informatisation of Ukraine, development of new rules of registration and use of domain names in the .UA ccTLD that will better reflect needs and recommendations of users, Internet business and government, creation of the UANIC technical center, signing triangular agreement with ICANN (The Internet Corporation for Assigned Names and Numbers), and other actions that will be defined by the Council and will be transparent to the constituency and other interested parties.

Founding members of the UANIC enterprise and members of the Coordination Council repeatedly underlined that the major principles of their operation will be acting in accordance with Ukrainian law and related international recommendations and rules, ensuring stability of the .UA administration as a public resource and its operation in the interests of different groups of the Ukrainian Internet community, establishing convenient and transparent rules and procedures of domain name registration and use in .UA ccTLD and all public domains in .UA, recognition and formalization of all already registered domain names, intellectual property rights protection, development and introduction of effective rules and procedures for domain name disputes resolution.

The .UA ccTLD reformation process was started in 2000 by joint initiative of Internet service providers and authorised governmental bodies. Starting from the beginning of 2001 the UANIC Working group had been created that included the representatives from all existing at that time Associations of the Ukrainian Internet market participants and designated governmental bodies. The UANIC WG activity and the reformation process itself were regularly covered by press and are documented at the UANIC WG website at http://www.ua-nic.net.

From the first steps of the UANIC WG activity, the acting .UA administrators and administrators of other public domains in .UA were invited to join the WG as experts. However, following their desire to keep their control over the .UA domain management, initially claimed as their personal responsibility for the domain, without prior notification about their intensions and any discussions with the UANIC WG and other interested parties, the acting administrators established a private company Hostmaster, Ltd., which they transferred/re-delegation to the operation of the .UA domain in Ukraine in the form of civil agreement and without formal notification of ICANN. However, it is a common practice and recommendation by ICANN recognized by the governments of many countries, including USA, European Community and different international organizations, that the ccTLD administrators should not treat the responsibility to and delegation from the local Internet community as their private right on the domain they administer. Any delegation of the ccTLD administration should be conducted in the agreement with all interested parties of the local Internet community, the government, and follow the formal procedure of re-delegation by ICANN, to which they are responsible for the domain operation and development. Regretfully, current administrators of the .UA domain - Mr. Dmitry Kohmanyuk and Mr. Igor Sviridov, did not adhere properly to their responsibility to administer the national top level domain in the interests of different parties of the Ukrainian community and according to new realities of the Internet development in Ukraine and its increased role in the life and economy of all society. Based on private decision, they transferred the .UA domain operation and actually its administration to the private company Hostmaster, Ltd., which since that time and until now has not succeeded to win wide support from the Internet community in Ukraine and establish proper contact with the Ukrainian Government and UANIC WG, what created the reason for deep concern in the community and potential non-stability in the .UA domain.

In August 2001 Hostmaster, Ltd., without proper discussion by the community, introduced new "Rules of the .UA domain" according to which allow to register the second level domain names like "name.ua" only to those organizations and private persons that have official certificates for the registered trademarks. Notwithstanding the intention of the authors to introduce the Rules of the .UA domain as a legal basis for all domain registration business in the .UA domain, the Kiev commercial court ruled that both so-called "Rules of the .UA domain" and "Rules of the COM.UA domain" are obligatory only for those who have related contracts/agreements with the Hostmaster, Ltd. and only as a part of their bilateral agreement. Besides this, the court also ruled that forcible deletion of the earlier registered domain names in the COM.UA in November-December 2002 that followed the introduction of the new rules did not have a legal basis according to the Ukrainian legislation.

In January 2003, in attempts to create a visibility of the community support of current monopoly position of Hostmaster, Ltd., to protect their intended exclusive right on the .UA domain, and to create a mechanism to continue to dictate their own rules of the .UA domain administration, the same closely related parties and persons, namely the Internet Association of Ukraine (InAU), Ukrainian public organisation "Ukrainian Internet Community" (UIC) which most of board members are co-founders of the Hostmaster, Ltd., the Hostmaster, Ltd. itself, and private persons D. Kohmanyuk and I.Sviridov, created so-called "Public Supervising Council on the .UA domain administration". Created closely from the beginning and without wider discussion with other interested parties, the governing principle of this Council substitutes commonly applicable for this kind of organisations the principle of consensus by the right to block any decision of the Council that may not satisfy the interests of any Council member - the "veto right". It is also not clear what legal status may have this Council according to the Ukrainian legislation in the form how it is created. These are the least but not the last reasons why none of other organisations and particularly none of interested governmental bodies didn't see a possibility to take part in this Council.

Background information

The .UA ccTLD, after establishing independent Ukrainian state, in December 1992 was delegated by IANA to one of the first Ukrainian Internet Service Provider "Communications Systems, Ltd.". The .UA administrators have been O.Voloschuk, I.Sviridov, D.Kohmanyuk who all live now in USA. Mr. D.Kohmanyuk and Mr. I.Sviridov continue to be the formal .UA administrators, the .UA operation is transferred to the Hostmaster, Ltd..

The primary .UA domain name Server (DNS) that secures functioning of the .UA domain and its levels is located in the USA under control and supervision of mentioned above private persons Mr. D.Kohmanyuk and Mr. I.Sviridov. In Ukraine, domain names registration service is provided by 87 registrars that need to sign the agreement with Hostmaster, Ltd. to have a possibility to operate their registration business. Hostmaster, Ltd. possessing monopoly position pursues rough policy in introduction of their own model of the .UA domain management, and is intolerable to any critics of its activity.

Since 1998, the responsibility for the IP address space allocation, protocol parameter assignment, domain name system management, and root server system management functions belongs to the non-profit organisation Internet Corporation for Assigned Names and Numbers (ICANN) incorporated according to the USA law in the State of California. The ccTLD administration rules are defined by the GAC (Governmental Advisory Committee) Principles of ICANN. GAC advices ICANN on the activities of ICANN as they relate to concerns of governments and issues related to the ccTLD management. GAC membership includes more than 80 countries, the European Community and different international organizations including International Telecommunication Union (ITU), World International Property Organisation and others.

UANIC Information service

Note:
1. See Ukrainian Government to ICANN Communication

 

 

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