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Annotation.The Law of Ukraine On the System of Public Television and Radio Broadcasting of Ukraine

The Law of Ukraine
 
On the System of Public Television and Radio Broadcasting of Ukraine
 
Date of Entry into Force:
November 5, 1997
 
With the purpose of comprehensive meeting needs of the society in ongoing information, ensuring of pluralistic
broadcasting, giving thought to national traditions and moral and ethical principles of the Ukrainian people, the System for Public Television and Radio Broadcasting of Ukraine is set up.
 
Public Television and Radio Broadcasting shall be a television and radio broadcasting organization with a status of a single universal national indivisible and non-profit system for mass communications, which is the object of ownership of the Ukrainian People and acts according to a single program concept. Public Television and Radio Broadcasting shall be a legal entity and has its own balance, current and deposit accounts in banking institutions, a stamp with its name, as well as a trademark (logo) for its goods and services.
 
Public Television and Radio Broadcasting shall be based on a broad representation of various layers of the society that ensure the implementation of the program concept and oversee financial and economic activity of the television and radio broadcasting organization through their representatives in a Public Council.
 
Public Television and Radio Broadcasting shall be established upon a decision of the Verkhovna Rada of Ukraine according to the procedure set forth by the Verkhovna Rada of Ukraine in line with the legislation.
 
The Verkhovna Rada of Ukraine shall adopt a status of Public Television and Radio Broadcasting, the size and the composition of a Public Council, a part of the composition of the Qualification Council according to part 2 of Article 5 of the present Law and the program concept for Public Television and Radio Broadcasting.
 
Oversight of the activities of Public Television and Radio Broadcasting shall be carried out by a Public Council that:
– acts on the basis of a statute of Public Television and Radio Broadcasting approved by the Verkhovna Rada of Ukraine;
– is a collegial non-departmental body that coordinates development and ensures implementation of the program concept for public broadcasting;
– determines grounds for human resource policies and the structure of management;
– oversees the use of broadcasting channels andfinancial and economic activity of the television and radio broadcasting organization;
– approves candidates for the position of the Head and members of an Administrative Council;
– considers and approves reports of an Administrative Council under Public Television and Radio Broadcasting;
– cannot interfere with day-to-day economic activity and oversee the contents of programs of Public Television and Radio Broadcasting.
 
The Public Council shall include one representative from:
– political parties that have People’s Deputies in the Verkhovna Rada of Ukraine;
– creative unions and civic associations registered with the Ministry of Justice of Ukraine, which have the status of All-Ukrainian organizations and the list of which is adopted by the Verkhovna Rada of Ukraine;
– the President of Ukraine, the Cabinet of Ministers of Ukraine, the National Bank of Ukraine, the Prosecutor General Office of Ukraine, the National Council for Television anRadio Broadcasting of Ukraine, the Anti- Monopoly Committee of Ukraine,and the State Agency for Copyright and Related Rights of Ukraine under the Cabinet of Ministers of Ukraine.
 
Principles for forming the Public Council shall be determined by the status of Public Television and Radio Broadcasting.
 
The size and the composition of the Public Council shall be approved by the Verkhovna Rada of Ukraine of each scheduled convocation during the first year of its term in office. 
 
A Qualification Council is a regular public body that is formed from highly qualified specialists and scholars in the
area of television, radio broadcasting and informational communications. This Council shall carry out a competitive selection of candidates for the posts of the Head and members of an Administrative Council and submits them for approval to the Public Council.
 
The Qualification Council shall act on the basis of a relevant Provision approved by the Public Council.
 
The Qualification Council shall consist of three representatives from the President of Ukraine and three representatives from the Verkhovna Rada of Ukraine.
 
The term of office for the Qualification Council shall be unlimited. Rotation or appointment of members of the Qualification Council can be performed upon the initiative of the President of Ukraine and the Verkhovna Rada of Ukraine only once during their term in office.
 
Public Television and Radio Broadcasting shall be financed at the expense of subscription charges for using television sets and radio receivers, government procurements, campaigns to raise funds, publication of specialized newspapers and magazines, distribution of own audio- and video recordings, sale of own television and radio products to other organizations and at the expense of other sources of financing according to the legislation of Ukraine. Establishment and the first year of operation of Public Television and Radio Broadcasting shall be financed from the State Budget. During the next three years, the share of government procurements shall be gradually reduced.
 
Advertising activity on channels of Public Television and Radio Broadcasting shall be prohibited expect for commercial presentations specially indicated in the program, whose broadcasting time shall not exceed 3% of broadcasting per day. During the establishment of Public Television and Radio Broadcasting, the Verkhovna Rada of Ukraine can make a decision to allow channels of Public Television and Radio Broadcasting to advertise goods and services of domestic producers according to the procedure set forth by the legislation of Ukraine
 
Public Television and Radio Broadcasting shall have a priority in receiving the license for the right to use broadcasting channels.

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