Yuri Kargapolov: "The problems of .ORG.UA cannot be considered separately from the problems of the entire .UA domain."

Yuriy Kargapolov, Chairman of the Regulatory Committee of the Ukrainian Network Information Center (UNIC), answered our questions about the situation in the .ORG.UA domain.

-- Yuri, what problems with the .ORG.UA domain do you consider the most pressing?

First of all, I would like to emphasize that the problems of the .ORG.UA domain cannot be considered separately from the problems of the entire .UA domain.

Let me explain why. .ORG.UA domain registration activity is part of similar activity within the .UA domain registration market. In other words, it's part of the overall registration market. While it's possible to establish specific rules for a particular market segment, it's essential to adhere to the general regulatory provisions that apply to all segments. Let's put aside for now the question of who should establish these specific rules.

Regarding the rules governing registration activities in the .UA domain, there are major problematic issues that have not been resolved for many years. These issues are related to the lack of a transparent administration mechanism for both the .UA domain itself and public domains in the .UA domain, including .ORG.UA. Also strange are the issues of pricing for all market participants, a clear dispute resolution policy, open and equal principles for blocking resources and adding them to "blacklists", transparent and fair for all

market participants' contractual terms, a clear policy for protecting market participants from unfair competition, etc. However, as practice shows, regulatory actions are often implemented through subjective intervention by individual "domain functionaries."

I will not provide examples within the framework of this material, because they are clearly and vividly present both in the posts of the registration mailing list and in the open press.

It is therefore not surprising that the existing problematic issues of regulation of the .UA domain registration market are turning into similar problematic issues in the .ORG.UA domain registration market segment.

Now about relevance.

All the problems I've mentioned and those I haven't are relevant. I repeat, all of them. Because they really, and I emphasize, really, haven't been resolved for over 10 years.

The accumulated destructive impact of any of these problems on the market means that today's domain name registration market lacks operational stability. Consider the recent price wars, which escalated into dumping, for .KIEV.UA domain registrations, triggered by the regulatory intervention of the monopolist, Hostmaster LLC, in the pricing mechanism of registrars, i.e., market participants.

A specific problem with the .ORG.UA domain registration market is that the domain administrator, who is de facto the local regulator, is confused by the dilemma of "paid or free registration" and is trying to resolve this conflict based on subjective personal criteria.

What do I call "subjective personal criteria"?

The .UA domain space, itself the property of a group of private individuals, is also divided into separate fiefdoms—public domains. ORG.UA is no exception—it's the property of a private individual, Viktor Forsyuk, to whom the domain has been "gifted," and he (Viktor) does with it whatever he (personally) deems possible, without any regard for the public interest. At best, such a "fiefdom owner" can only "look back" at his own peers—that is, the "select group" that makes up the Hostmaster corporation. This is how national domain administration was designed 12 years ago, and it remains so today.

How are "subjective personal criteria" manifested?

For example, the difficulty of registering such a domain is paradoxically free—because registrars don't understand the stable "rules of the game" regarding .ORG.UA, because they unjustifiably block individual name servers (by adding them to the so-called "blacklist"), because they delete individual domains without explanation, because different rules and standards apply to different market players, etc.

Have you tried registering a .ORG.UA domain for free? If so, did you encounter any inconveniences?

Back at the dawn of registration activities as such, in the late 90s, I tried it. It worked. (Smile.)

But that experience doesn't count as an attempt today. I didn't try it today. But I'll definitely register.

-- In your opinion, can a second-level domain administrator establish his own rules, procedures and standards in the domain?

Fifteen to ten years ago, this was the case. A public domain was delegated to its administrator, who independently organized its operation, including establishing its own rules, procedures, and so on. Currently, this legacy has evolved into a mixture of administrative modifications within the Hostmaster domain, divided into the domains of its founders—who, for the most part, are also the administrators of public domains.

It's clear that at this stage, rules and procedures must be unified. This means the rules must be the same for all public levels of the .UA ccTLD, and registrar accreditation must be uniform and seamless, meaning that once accredited, a registrar gains access to all levels of publicly available domains. Only the requirements (and possibly procedures) for special-purpose domains, such as .gov.ua and .edu.ua, may differ.

Therefore, my answer is no, a second-level domain administrator cannot establish its own rules, procedures, and standards for the domain. Regulating second-level domain registrations is simply a matter of implementing certain technical measures aimed at maintaining stable technical operations for domain registrations in ccTLDs. In other words, a second-level domain administrator can perform the tech-c functions that are delegated to them.

But such a person cannot perform admin-c functions for a second-level domain. And no one has the right to delegate these functions to them. This is, of course, if one lives by and adheres to market etiquette. Market regulation must be based on clear, transparent, and fair standards for all market participants.

Certainly, certain market segments have their own specific characteristics, but these must be systematically enshrined in the general set of regulatory rules for the entire market.

Can you imagine every mobile operator being given the right to manage its relationships with other operators and its subscribers in a manner that is beneficial, convenient, or, in its own view, best? To prevent this from happening, there are legislative and regulatory frameworks regulating the telecommunications services market.

In the case of the .UA domain, this approach is completely absent.

-- How, in your opinion, should monopoly in the administration of Ukrainian domains be combated?

This can (and should) be combated in accordance with the law, using all available tools, the most important of which are court proceedings and appeals to the Antimonopoly Committee. Open criticism of any issues with the Hostmaster's operations is also crucial. I also believe it is essential to inform ICANN of any negative aspects related to the market's functioning if they are ignored by the Hostmaster.

There are two root problems of monopoly in the administration of the Ukrainian ccTLD .ua:

1) the complete absence of any hint of the existence of a multi-stakeholder partnership model (ICANN's multi-stakeholder approach/model) from the current administrator of the .ua ccTLD.

Accordingly, decisions are made that only generate monopolistic impact on the market.

I have reported on this many times at conferences, both Ukrainian and international;

2) the current administrator of the .ua ccTLD simultaneously performs several functions, as the saying goes, "...a reaper, a blacksmith, and a piper..." - administration of the .ua ccTLD domain, technical functions (functions of the registry operator), dispute resolution, and oversight of the implementation of these functions.

As an example, I can say that there are precedents of refusal to enter into contracts with registrars.

Therefore, first of all, it is necessary to separate the performance of these functions and delegate them to different business entities.

At first glance, these functions remain divided between the two LLCs. In reality, no one except the administrator's employees participate in the strategic or operational decision-making process that impacts the market's functioning. They do not represent the interests of the community, the state, users, or public organizations. They represent only their own business interests. The employees on both companies' payrolls are affiliated and form a single team.

Current attempts to discuss problematic issues in working groups involving registrars fail to yield the expected positive results. Why? Because the basis for final decisions remains the same—everything takes place on the monopolist's platform. And try incorporating the opinions of individual registrars into working group decisions when the monopolist itself is moderating the meeting. Examples? Please—discussion of transfer rules.

Recipe for recovery from monopoly:

1) transfer the admin-c function to an organization representing a multilateral partnership model, where market participants from the registrar side should also be present;

2) develop rules for the ccTLD .ua domain within the framework of a multilateral partnership model;

3) adopt the rules as a regulatory document and carry out the procedure for their registration with the Ministry of Justice.

Thus, the rules become a normative legal act, mandatory for implementation by all market participants - the registry, including admin-c and tech-c, registrars, registrants, and perhaps there will be a place in the market for domainers;

4) within the framework of the multilateral partnership model, develop technical regulations to ensure the operation of the ccTLD .ua domain;

5) approve it.

The proposed cure for monopoly automatically excludes subsequent actions by any market participant—company or individual—like those we observe today. At least, the objective preconditions for this are created.

-- Do you think that Ukraine needs a free .ORG.UA domain, and if so,Yes, then why?

I believe that the issue of free registrations in the .ORG.UA domain should be decided by the registrar itself. No one else. Free registrations in this domain are a historical issue, and its final resolution requires the consent or denial of the market community.

Today, the situation is such that only the registrar, within the framework of its market policy, can determine whether this service is paid or free for its registrants.

And this question should not depend on the opinion of one or several people.