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LAW OF UKRAINE On Public Television and Radio Broadcasting of Ukraine

LAW OF UKRAINE

On Public Television and Radio Broadcasting of Ukraine

(The Vidomosti Verkhovnoi Rady (VVR), 2014, No. 27, page 904)

{As amended in accordance with the Law No. 271-VIII of 19.03.2015}

This Law establishes the legal framework for the operation of Public Television and Radio Broadcasting of Ukraine, and defines the working principles of the National Public Television and Radio Company of Ukraine.

Section I
GENERAL PROVISIONS

Article 1. Legal framework for the operation of Public Television and Radio Broadcasting of Ukraine

  1. Public Television and Radio Broadcasting of Ukraine is established to meet information needs of the society, involve the general public into discussion and finding solutions to the most important social and political issues, provide for the national dialogue, and promote development of the civil society.

{Paragraph One of Article 1 as amended in accordance with the Law No. 271-VIII of 19.03.2015}

  1. Public Television and Radio Broadcasting of Ukraine shall be established as the Public Joint Stock Company “National Public Television and Radio Company of Ukraine” (hereinafter referred to as “the NPTRCU”), where the government owns 100 per cent of its shares.

The NPTRCU shall evolve from the National Television Company of Ukraine, National Radio Company of Ukraine, State Television and Radio Company “Culture”, oblast national television and radio companies, State Television and Radio Company “Crimea”, state organizations “Kyiv State Regional Television and Radio Company”, “Sevastopol Regional State Television and Radio Company”, “Novhorod-Siverskyi Regional State Television and Radio Company “Siverska”, “Kryvyi Rih Regional State Television and Radio Company “Kryvorizhzhya”, state enterprise “Ukrtelefilm Movie and Television Studio” which are reorganized through consolidation with the National Television Company of Ukraine.

The NPTRCU shall be established pursuant to the decision adopted by the Cabinet of Ministers of Ukraine in accordance with the legislation and subject to the peculiarities defined by this Law.

The NPTRCU is an object of nationwide importance. Alienation, transfer (except short-term lease), privatization of immovable property, construction work in progress, land plots on which they are located, as well as of shares owned by the state in the authorized capital of the NPTRCU shall be prohibited.

{Paragraph Two of Article 1 as amended in accordance with the Law No. 271-VIII of 19.03.2015}

Article 2. Legislation in the sphere of NPTRCU’s operations

  1. The operations of the NPTRCU shall be governed by the Constitution of Ukraine, the Laws of Ukraine On Information, On Access to Public Information, On Television and Radio Broadcasting, On the National Television and Radio Broadcasting Council of Ukraine, this Law, the Charter of the NPTRCU as approved by the Cabinet of Ministers of Ukraine, international treaties consent to be bound by which is given by the Verkhovna Rada of Ukraine, and other laws and regulations.

Article 3. Operating principles of the NPTRCU and guarantees of its independence

  1. The operations of the NPTRCU shall be based upon the following principles:

1)    providing comprehensive, unbiased and balanced coverage of important public events inside and outside Ukraine;

2)    abiding by social norms, traditions and culture of the Ukrainian people; spreading family values and strengthening the role of a traditional family in development of the Ukrainian society;

3)    setting priority of public interest over commercial or political interests;

4)    ensuring clear separation of facts from comments and judgments;

5)    ensuring free expression of views, opinions, and beliefs;

6)    ensuring managerial and operational independence from government agencies, local governments, their officials and officers, political parties, businesses, institutions, organizations, and individuals;

7)    fostering public participation in management and programming decisions;

8)    prohibiting any discrimination on any grounds;

9)    ensuring transparency and openness in its operations.

  1. Government agencies and local governments, their officials or officers, as well as NGOs shall be prohibited from intruding into the operations of the NPTRCU to impose censorship, prior control, or illegally manipulate the content of the information distributed by the Public Television and Radio Broadcasting of Ukraine.
  2. The obligations of the Public Television and Radio Broadcasting of Ukraine as to dissemination of the messages of power authorities shall be regulated exclusively by this Law.

Article 4. Main tasks of the NPTRCU

  1. The main tasks of the NPTRCU shall include the following:

1) providing information about major public events in Ukraine and abroad in an unbiased, complete, prompt, and impartial manner;

1-1) providing a balanced and transparent access of participants of social and political life to programming content (broadcasts) of a discussion format, in particular, in the form of debates;

{Paragraph One of Article 4 is amended with Subparagraph 1-1 in accordance with the Law No. 271-VIII of 19.03.2015}

2) promoting consolidation of the Ukrainian society;

3) promoting and strengthening the status of the Ukrainian language and culture, as well as the languages and cultures of ethnic minorities;

4) meeting the informational, cultural, and educational needs of the Ukrainian people to the fullest extent, particularly through production and distribution of economic, history and documentary, arts and culture, educational, entertainment, and sports programming content, as well as programming content aimed at children and youth, people with physical disabilities, ethnic minorities, and other social groups;

5) promptly informing the public about emergencies that may pose a threat to life or health;

6) offering the Ukrainian people desirable informational products unavailable at the commercial market;

7) promoting the international image of Ukraine.

Article 5. NPTRCU broadcasting

  1. The NPTRCU shall broadcast at least on two national television channels of the multi-channel broadcasting network (the channel with social and political programming content, and the channel focused on culture and education), on regional television channels of the multi-channel broadcasting network and at least on three national radio channels(the channel with social and political programming content, the channel focused on culture and education, and the channel with programming content aimed at youth).

{Article 5 as amended according to Law No. 271-VIII of 19.03.2015}

Article 6. The NPTRCU Charter

  1. The NPTRCU Charter shall be approved by the Cabinet of Ministers of Ukraine.

The NPTRCU Charter shall define the powers of a shareholder, the NPTRCU management bodies and the scope of their competence in accordance with the legislation, subject to peculiarities defined by this Law.

{Paragraph One of Article 6 is amended with Subparagraph two in accordance with the Law No. 271-VIII of 19.03.2015}

The NPTRCU Charter shall contain the following:

{Paragraph One of Article 6 is amended with Subparagraph Three in accordance with the Law No. 271-VIII of 19.03.2015}

1)    guarantees of independence of a public broadcaster;

{Paragraph One of Article 6 is amended with Subparagraph Four in accordance with the Law No. 271-VIII of 19.03.2015}

2)    prohibition for a shareholder, other holders of powers to interfere with its editorial policy;

{Paragraph One of Article 6 is amended with Subparagraph Five in accordance with the Law No. 271-VIII of 19.03.2015}

3)    provisions regarding powers of the NPTRCU Supervisory Board;

{Paragraph One of Article 6 is amended with Subparagraph Six in accordance with the Law No. 271-VIII of 19.03.2015}

4)    provisions regarding powers of the NPTRCU Board members;

{Paragraph One of Article 6 is amended with Subparagraph Seven in accordance with the Law No. 271-VIII of 19.03.2015}

5)    structure of the NPTRCU, in particular, regulations on NPTRCU structural subdivisions responsible for television and radio broadcasting, regional television and radio broadcasting;

{Paragraph One of Article 6 is amended with Subparagraph Eight in accordance with the Law No. 271-VIII of 19.03.2015}

6)    provisions regarding prohibition of alienation, transfer, privatization of immovable property, construction work in progress, land plots on which they are located, as well as of shares owned by the state in the authorized capital of the NPTRCU.

{Paragraph One of Article 6 is amended with Subparagraph Nine in accordance with the Law No. 271-VIII of 19.03.2015}

  1. The Cabinet of Ministers of Ukraine shall make amendments to the NPTRCU Charter upon proposal of the NPTRCU Supervisory Council.

Section II
MANAGEMENT BODIES OF THE NATIONAL PUBLIC TELEVISION AND RADIO BROADCASTING COMPANY OF UKRAINE

Article 7. Supervisory Council of the NPTRCU

  1. The operations of the NPTRCU shall be supervised by the Supervisory Council of the NPTRCU acting within the scope of its powers as established by this Law and the NPTRCU Charter.
  2. The Supervisory Council of the NPTRCU shall:

1) determine the main objectives of the NPTRCU, approve the editorial standards, and monitor compliance with the latter;

1-1) appoint five members of the Editorial Board of NPTRCU;

{Paragraph Two of Article 7 is amended with Subparagraph 11 in accordance with the Law No. 271-VIII of 19.03.2015}

2) elect the chairman of the NPTRCU Board on the basis of competitive selection to a four-year term and, upon proposal of the latter, the members of the NPTRCU Board, enter into contracts with them, decide upon their early removal from office, elect the members and the chairman of the Audit Commission of the NPTRCU, and decide upon their early removal from office;

{Subparagraph 2 Paragraph Two of Article 7 is changed in accordance with the Law No. 271-VIII of 19.03.2015}

3) elect the chairman, vice chairman, and secretary of the Supervisory Council of the NPTRCU from among its members and decide upon their removal from office;

4) approve the regulations on the Audit Commission of the NPTRCU and approve and make changes to any other internal documents in accordance with the NPTRCU Charter;

5) approve the annual performance report of the NPTRCU, ensure its public disclosure;

6) decide upon the establishment, reorganization, or dissolution of subsidiaries of the NPRTCU;

7) set up and dissolve public councils and other advisory bodies, establish their rules of procedure, and appoint their members;

8) develop proposals to improve the laws and regulations on the NPTRCU and submit them to the relevant government agencies;

8-1) set up the terms and conditions of payment for the NPTRCU employees;

{Paragraph Two of Article 7 is amended with Subparagraph 8-1 in accordance with the Law No. 271-VIII of 19.03.2015}

9) exercise other rights and duties as provided by this Law and the Charter of the NPTRCU.

  1. The Supervisory Council of the NPTRCU may not interfere in day-to-day business operations of the NPTRCU Board.

Article 8. Composition and procedure for formation of the Supervisory Council of the NPTRCU

  1. The Supervisory Council of the NPTRCU shall consist of one representative of each parliamentary faction and group of the current parliament of Ukraine and nine members nominated by non-governmental organizations and associations the main activity of which pertains to one of the following spheres:

1) education and science;

2) ensuring the rights of ethnic minorities;

3) physical education and sports;

4) journalism;

5) human rights protection;

6) child and youth advocacy;

7) arts;

8) local self-government;

9) protection of rights of people with special needs.

If the number of members of the NPTRCU Supervisory Council elected from among the members of the parliamentary factions and groups of the current parliament of Ukraine equals to or is bigger than the number of members nominated by non-governmental organizations and associations, the National Television and Radio Broadcasting Council of Ukraine shall hold an additional conference all non-governmental organizations that took part in election of members of the Supervisory Council of NPTRCU where additional members of the Supervisory Council shall be elected from among members of non-governmental organizations and associations so that there will be one member more from non-governmental organizations and associations than from the parliamentary factions and groups.

{Paragraph One of Article 8 as amended in accordance with the Law No. 271-VIII of 19.03.2015}

  1. The right to nominate candidates to the Supervisory Council of the NPTRCU shall be granted to non-governmental organizations and associations, which have been operating in the corresponding sphere for at least three years, have high-profile members in the corresponding sphere, and act proactively in their area (within the last three years they have regularly (at least several times per year) organized public events on the problems in the corresponding sphere, which includes initiating public discussions of urgent issues, public discussions in professional areas, etc.)
  2. The nominations for the Supervisory Council of the NPTRCU shall be submitted to the National Television and Radio Broadcasting Council of Ukraine. Any non-governmental organization and association meeting the requirements set in Paragraph Two of this Article may nominate no more than one person.
  3. The members of the Supervisory Council of the NPTRCU nominated by non-governmental organizations and associations shall be elected by rank voting at the corresponding conferences of non-governmental organizations and associations, separately by type of activity, which are to be held by the National Television and Radio Broadcasting Council of Ukraine. The procedure for holding the corresponding conference of non-governmental organizations and associations and the procedure for the election of the NPTRCU Supervisory Council members shall be established by the National Television and Radio Broadcasting Council of Ukraine. Each NGO participating in the corresponding conference shall have one vote.

{Paragraph Four of Article 8 as amended in accordance with the Law No. 271-VIII of 19.03.2015}

  1. Parliamentary factions and groups shall elect the members of the NPTRCU Supervisory Council.

In case of early termination of powers of a member of the NPTRCU Supervisory Board elected from among the members of the parliamentary faction and group, such parliamentary faction or group shall adopt a decision on election of a new member of the NPTRCU Supervisory Board.

If the parliamentary faction or group, which nominated the member of the NPTRCU whose powers terminated before the end of the office term, was disbanded, the Committee of the Verkhovna Rada of Ukraine to competence of which issues of television and radio broadcasting pertain shall take an ad-hoc decision with respect to the procedure for election of a member of the NPTRCU Supervisory Board.

A member of the Supervisory Council of the NPTRCU who was a member of any political party shall terminate his/her membership in the party for the period of his/her term of office. Such member shall not be entitled to participate in any party activity or perform assignments of the party, its agency or officials.

{Paragraph Five of Article 8 as amended in accordance with the Law No. 271-VIII of 19.03.2015}

  1. The term of office of the members of the NPTRCU Supervisory Council shall be four years. The same person may not be elected to the Supervisory Council of the NPTRCU for more than two consecutive terms independent of their duration.
  2. The members of the Supervisory Council of the NPTRCU shall perform their duties on a free of charge basis.
  3. The National Television and Radio Broadcasting Council of Ukraine may reject the nominations for the Supervisory Council of the NPTRCU on the grounds of their noncompliance with the requirements established by Article 9 of this Law.

{The wording of Article 8 as amended in accordance with the Law No. 271-VIII of 19.03.2015}

Article 9. Requirements to the member of the NPTRCU Supervisory Council

  1. A member of the NPTRCU Supervisory Council shall be a citizen of Ukraine with high professional and moral values who enjoys public respect, has a university degree and permanently resides in Ukraine (for no less than five years).
  2. NPTRCU Supervisory Council membership may not be granted to:

1) persons with a prior conviction unless it has been legally removed or expunged;

2) members of the Ukrainian Parliament, members of the Cabinet of Ministers of Ukraine, members of the National Council of Ukraine for Television and Radio Broadcasting, military personnel, notaries, judges, prosecutors, investigators, law enforcement officers, other public service workers, the persons on elected positions in public administrations of any level, persons on the staff of a political party, of any company with a state ownership exceeding 25%, as well as other person who have restrictions on holding more than one office or on combining activities according to the Law of Ukraine On Prevention of Corruption.

{Subparagraph 2 Paragraph Two of Article 9 as amended in accordance with the Law No. 271-VIII of 19.03.2015}

3)    employees or representatives of television or radio companies licensed to broadcast in Ukraine or performing any paid work (selling goods or providing services) for television and radio companies;

4)    persons who directly or indirectly hold shares in the chartered (equity) capital of television and radio companies or legal entities that perform any paid work (selling goods or providing services) for television and radio companies.

Article 10. Termination of the authorities of a member of the NPTRCU Supervisory Council

  1. The authorities of a member of the NPTRCU Supervisory Council shall be terminated by the National Council of Ukraine for Television and Radio Broadcasting in the following cases:

1) expiry of the term of office;

2) the Supervisory Council member submits an application for terminating the authorities on his/her own free will;

3) the Supervisory Council member terminates Ukrainian citizenship or leaves the country for permanent residence outside Ukraine;

4) on the basis of the grounds specified by Paragraph Two of Article 9 of this Law;

5) the conviction against the Supervisory Council member comes into force;

6) inability of the Supervisory Council member to perform his/her duties because of health problems for six months or more subject to the corresponding medical certificate;

7) the court ruling declaring the Supervisory Council member legally incompetent, partially or fully, comes into force;

8) death of the Supervisory Council member or declaring him/her missing;

9) the Supervisory Council member has missed three meetings of the Council except for the cases when he/she cannot participate in the meetings of the Council because of health problems which shall be confirmed with a relevant medical certificate.

  1. Early termination of the authorities of the Supervisory Council member for any other reasons shall be prohibited.
  2. The National Council of Ukraine for Television and Radio Broadcasting shall be entitled to make the decision to terminate the authorities of a member of the NPTRCU Supervisory Council according to the procedure established by it.

Article 11. Meetings of the NPTRCU Supervisory Council

  1. Meetings are an organizational form of the NPTRCU Supervisory Council’s activity.
  2. The NPTRCU Supervisory Council shall meet as necessary, but no less than once every three months.
  3. Extraordinary meetings of the NPTRCU Supervisory Council shall be convened on the demand of the Supervisory Council Chairman or on the demand of at least one third of its members, the Board and the Audit Commission.
  4. The meeting of the NPTRCU Supervisory Council shall be qualified if at least two thirds of the members are in attendance. The decisions shall be approved by simple majority of votes of the members present at the meeting. The decisions specified by Subparagraphs 2 and 3 Paragraph Two of Article 7 of this Law shall be made by the majority of votes of the total number of members of the Supervisory Council.
  5. During the meeting, the NPTRCU Supervisory Council secretary shall take minutes of the meeting which is to be signed by the Chairman of the meeting.

Article 12. The Board of the NPTRCU

  1. The Board is the executive body of the NPTRCU.

Members of the Board shall be elected by the Supervisory Council of the NPTRCU on the motion of the Board Chairman, for the term of 4 years according to the Charter. The decision about selection of the Board members shall be well-grounded and explain why the Supervisory Council prefers one candidate to another.

{Paragraph One of Article 12 as amended in accordance with the Law No. 271-VIII of 19.03.2015}

  1. The Board reports to the Supervisory Council of the NPTRCU. The Board shall act on behalf of the NPTRCU within the limits established by this Law and the Charter.

The Board shall prepare an annual general report about the activity of NPTRCU and the report about its financial and economic performance and submit them for consideration by the NPTRCU Supervisory Council. Annually, before March 1, the Chairman of the NPTRCU Supervisory Council shall submit the report about financial and economic performance of the NPTRCU to the Cabinet of Ministers. The Chairman of the NPTRCU Supervisory Board shall also ensure that the general report is published on the official websites of the NPTRCU and the National Council of Ukraine for Television and Radio Broadcasting.

  1. The Board shall:

1) provide day-to-day management of the NPTRCU activity;;

2) prepare proposals on the NPTRCU financial plan;

3) cause implementation of the NPTRCU Supervisory Council decisions;

4) exercise other rights and duties envisaged by the law and the Charter of the NPTRCU.

  1. The Board Chairman shall chair the NPTRCU Board.
  2. Board Chairman shall:

1) organize the work of the Board and preside over its meetings;;

2) enter into legal agreements on behalf of the NPTRCU;

3) select staff members for the NPTRCU, form succession pool for the relevant positions, organize training, retraining and continuous training for the NPTRCU staff;

4) represent NPTRCU without the power of attorney within the limits established by the Charter of the NPTRCU;

5) exercise other rights and duties envisaged by the law and the Charter of the NPTRCU.

  1. The Board Chairman and members are subject to restrictions provided in Paragraph Two of Article 9 of this Law.

If the requirements envisaged by this paragraph are not fulfilled, the Supervisory Council of the NPTRCU shall terminate the powers of the Chairman or the relevant member of the NPTRCU Board at the nearest meeting.

{Paragraph Six of Article 12 as amended in accordance with the Law No. 271-VIII of 19.03.2015}

Article 13. The NPTRCU Audit Commission

  1. The Audit Commission is the NPTRCU body that controls financial and business activity of the NPTRCU Board.

The Audit Commission shall be selected by the Supervisory Council for the term of four years. The Audit Commission selection procedure, as well as requirements to Audit Commission members and the Chairman, shall be established in the regulations on the NPTRCU Audit Commission, which shall be approved by the Supervisory Board of the NPTRCU.

  1. When auditing the financial and business activity of the NPTRCU Board, the Audit Commission shall inspect:

1) accuracy of data in the NPTRCU annual financial reports;

2) compliance of the accounting, tax and statistical reporting;

3) timeliness and correctness of accounting for all financial transactions according to established rules and procedures;

4) compliance with the Board’s competence in the NPTRCU property management and financial transactions on behalf of the NPTRCU;

5) timeliness and correctness of payments under NPTRCU commitments;

6) safekeeping of funds and assets;

7) use of NPTRCU funds;

8) the NPTRCU financial status.

  1. According to its tasks, the NPTRCU Audit Commission shall perform scheduled and ad hoc inspections of the NPTRCU financial and business activities. The inspection procedures and the Audit Commission’s operation shall be regulated by the regulations on the NPTRCU Audit Commission.
  2. The Audit Commission shall meet as necessary, but no less than once a month, as well as before inspections and after their results become available.

The Audit Commission shall make decisions based on the results of scheduled and ad hoc inspections.

The meetings of the Audit Commission are qualified if at least half of the members are in attendance.

The decisions of the Audit Commission shall be approved by the majority of votes of the total composition of the Audit Commission.

  1. The Audit Commission shall report the results of its inspections to the NPTRCU Supervisory Council.

Section III
ENSURING THE ACTIVITY OF THE NATIONAL PUBLIC TELEVISION AND RADIO COMPANY OF UKRAINE

Article 14. Funding sources of the NPTRCU

{Paragraph One of Article 14 is excluded pursuant to the Law No. 271-VIII of 19.03.2015}

  1. The NPTRCU can be financed at the expense of::

1) revenues from selling television and radio products and fees obtained from the use of copyrights and neighboring rights;

2) state and local budgets;

3) license fee that is paid for the services provided by the NPTRCU pursuant to the procedure established by the Cabinet of Ministers of Ukraine;

4) other revenues not prohibited by the law.

{Paragraph Two of Article 14 as amended in accordance with the Law No. 271-VIII of 19.03.2015}

  1. The State shall ensure proper financing of the NPTRCU that will have a separate line in the State Budget of Ukraine and shall make no less than 0.2% of the expenditures of the State Budget for the previous year.
  2. During the first four years from establishment of the NPTRCU, advertisements, teleshopping, and sponsorship messages broadcast on the NPTRCU broadcasting channels may not exceed amount of broadcast of actual airtime in any clock hour and astronomic day established by the current legislation.

During the fifth year of broadcasting, the amount of advertisements, teleshopping, and sponsorship messages broadcast may not exceed 10 percent, and during the election process – 15 percent, of actual airtime in any astronomic day. The amount of advertisements broadcast may not exceed 15 percent, and during the election process – 20 percent, of actual airtime in any clock hour.

Beginning with the sixth year of broadcasting, the amount of advertisements, teleshopping, and sponsorship messages broadcast may not exceed 5 percent, and during the election process – 10 percent, of actual airtime in any astronomic day. The amount of advertisements broadcast may not exceed 10 percent, and during the election process – 15 percent, of actual airtime in any clock hour.

Social advertising shall be allowed in programs produced by the NPTRCU only provided that the messages do not contain references to any specific entity / brand name, official, or product. The said advertising shall not be subject to time limits specified in this Article.

It shall be prohibited to broadcast advertisements and sponsorship messages of producers of alcoholic beverages, beer and/or beverages manufactured on its basis, trademarks for goods and services, other items of intellectual property rights under which alcoholic beverages, beer and/or beverages manufactured on its basis are produced, except for advertisements and sponsorship messages which are acquired with the right to broadcast international sports competitions of the International Olympic Committee, the Federation of International Football Association, the Union of European Football Associations, and in pursuance of the international obligations to the European Broadcasting Union.

{Paragraph Four of Article 14 as amended in accordance with the Law No. 271-VIII of 19.03.2015}

Article 15. NPTRCU assets

{Paragraph One of Article 15 is excluded pursuant to the Law No. 271-VIII of 19.03.2015}

  1. The Cabinet of Ministers of Ukraine shall control the use and maintenance of the assets transferred to the NPTRCU and may appoint an agent to manage the said assets.

{Paragraph Two of Article 15 as amended in accordance with the Law No. 271-VIII of 19.03.2015}

  1. The NPTRCU shall not be entitled to transfer assets and land plots to other legal entities or citizens free of charge, except for the cases specified by the law.

{Paragraph Four of Article 15 is excluded pursuant to the Law No. 271-VIII of 19.03.2015}

  1. The NPTRCU shall be entitled to posses, use and dispose of the assets gained on providing its business activities, considering the restrictions envisaged in this Law.

{Paragraph Five of Article 15 as amended in accordance with the Law No. 271-VIII of 19.03.2015}

  1. The NPTRCU assets transferred to it, except for the immovable ones, shall be alienated and written off under the procedures established by the Cabinet of Ministers of Ukraine.

{Paragraph Six of Article 15 as amended in accordance with the Law No. 271-VIII of 19.03.2015}

  1. The NPTRCU report on the state property management shall be submitted to the central executive authority for establishment and implementation of the state policy in economic and social development according to the procedures established by the Cabinet of Ministers of Ukraine.

Article 16. Audit

  1. The NPTRCU annual financial reports shall be audited annually.
  2. The auditor shall be selected by the NPTRCU Supervisory Council on the basis of competitive selection. The NPTRCU shall cover the audit costs.
  3. Statutory financial reporting and results of the annual audit shall be published in print press and online and on the official website of the NPTRCU.

Article 17. Broadcasting license

  1. The NPTRCU shall receive, extend and renew its broadcasting license under the procedures established by the Law of Ukraine On Television and Radio Broadcasting taking into account the special conditions provided for by this Article.
  2. To execute its functions, the NPTRCU shall, following a corresponding resolution by the National Council of Ukraine for Television and Radio Broadcasting, receive broadcasting licenses by means of renewal the terms of which are the same as terms of licenses (including the list of broadcasting channels) granted to the National Television Company of Ukraine, National Radio Company of Ukraine and oblast national television and radio companies, State Television and Radio Company “Crimea”, state organizations “Kyiv State Regional Television and Radio Company”, “Sevastopol Regional State Television and Radio Company”, “Novhorod-Siverskyi Regional State Television and Radio Company “Siverska”, “Kryvyi Rih Regional State Television and Radio Company “Kryvorizhzhya”.

{Paragraph Two of Article 17 as amended in accordance with the Law No. 271-VIII of 19.03.2015}

  1. Simultaneously with the renewal of broadcasting licenses, as stipulated in Paragraph Two of this Article, the National Council of Ukraine for Television and Radio Broadcasting shall resolve on revocation of the respective licenses issued for the television and radio companies listed in Paragraph Two of this Article terms of which being the same as terms of the broadcasting license issued for the NPTRCU.

{Paragraph Three of Article 17 as amended in accordance with the Law No. 271-VIII of 19.03.2015}

  1. Renewal of the licenses under Paragraph Two of this Article shall be performed on the non-competitive basis on the grounds of an application submitted by the NPTRCU to the National Council of Ukraine for Television and Radio Broadcasting within 20 business days starting from the date of receiving such application.

{Subparagraph One Paragraph Four of Article 17 as amended in accordance with the Law No. 271-VIII of 19.03.2015}

Terms of broadcasting licenses under Paragraph Two of this Article shall comply with terms of licenses invalidated in compliance with provisions of Paragraph Three of this Article.

{Subparagraph Two Paragraph Four of Article 17 as amended in accordance with the Law No. 271-VIII of 19.03.2015}

When resolving to issue licenses under Paragraph Two of this Article, it shall only be allowed to introduce amendments related only to management bodies, composition of the Editorial Board, the composition of the Supervisory Council, indications of the owner/founder of the television and radio broadcasting organization, broadcasting concept (provided the requirements of this Law are met), as well as the validity term of the license.

{Subparagraph Three Paragraph Four of Article 17 as amended in accordance with the Law No. 271-VIII of 19.03.2015}

Amending other terms of a license issued in compliance with Paragraph Two of this Article shall be possible by means of renewal of the license in accordance with the general procedures stipulated by the legislation on television and radio broadcasting.

  1. The validity term of a broadcasting license issued for the NPTRCU under Paragraph Two of this Article shall be 7 years. Extension of the NPTRCU license validity term shall be performed under the general procedures stipulated by the legislation on television and radio broadcasting.
  2. Issuance of broadcasting licenses under Paragraph Two of this Article shall not be subject to a license fee payment.

Article 18. Programming policy

  1. The NPTRCU programming policy shall aim to achieve its goal and tasks.
  2. The NPTRCU shall not be obliged to cover the activity of executive authorities, other state authorities, local self-government bodies, or their officials.
  3. The NPTRCU programs shall make at least 75% of the national and European (the countries which ratified the European Convention on Transfrontier Television) daily broadcast production.

Article 19. Editorial Charter and Editorial Board of the NPTRCU

{Title of Article 19 as amended in accordance with the Law No. 271-VIII of 19.03.2015}

  1. The NPTRCU Editorial Charter shall comply with the Law of Ukraine On Television and Radio Broadcasting, and with the provisions of this Law in so far as it relates to the provisions on the Editorial Board.

{Paragraph One of Article 19 as amended in accordance with the Law No. 271-VIII of 19.03.2015}

  1. The NPTRCU Editorial Board shall be established from among the NPTRCU employees and comprise of fifteen persons, five of which shall be nominated by the Supervisory Council of the NPTRCU, five persons shall be elected by the General Meeting of the NPTRCU creative group members, and five persons shall be appointed at the conference of editorial boards of the regional units of the NPTRCU.

The Editorial Board of a regional unit of the NPTRCU shall consist of six persons, three of which shall be nominated by the NPTRCU Board, and other three persons shall be appointed by the General Meeting of the creative group members of the respective regional unit of the NPTRCU.

{Paragraph Two of Article 19 as amended in accordance with the Law No. 271-VIII of 19.03.2015}

  1. The NPTRCU Editorial Charter shall be approved by the Supervisory Council of the NPTRCU on the motion of the NPTRCU Editorial Board.

{Article 19 is amended with Paragraph Three in accordance with the Law No. 271-VIII of 19.03.2015}

Article 20. Broadcasting official messages

  1. The NPTRCU shall provide free airtime for official messages and statements of higher public officials according to the procedure established by this Law for providing live airtime for emergency official statements by the President of Ukraine, Speaker of the Verkhovna Rada of Ukraine, Prime Minister of Ukraine, President of the Supreme Court of Ukraine, and President of the Constitutional Court of Ukraine.

{Paragraph One of Article 20 as amended in accordance with the Law No. 271-VIII of 19.03.2015}

  1. Free airtime shall be provided to the President of Ukraine for the New Year greeting address to the Ukrainian People.

Section IV
FINAL AND TRANSITIONAL PROVISIONS

  1. This Law shall come into force on the next day following the date of its publication.

1-1. Laws and other legal acts of Ukraine shall be effective to the extent that is not contrary to this Law.

{Section IV is amended with Subparagraph 1-1 in accordance with the Law No. 271-VIII of 19.03.2015}

  1. The Law of Ukraine On the System of Public Television and Radio Broadcasting of Ukraine (The Vidomosti Verkhovnoi Rady Ukrainy 1997, No. 45, p. 284; 2002, No. 16, p. 114; 2014, No. 2-3, p. 41) shall be treated as null and void.

2-1. It shall be set forth that establishment of the NPTRCU does not require a prior clearance of the Antimonopoly Committee of Ukraine.

The NPTRCU is a legal successor in respect of all rights and obligations, including all intellectual property rights, of the legal entities defined in Article 1 of the Law.

The right to use land plots granted for placement of the legal entities, defined in Article 1 of this Law, shall be introduced to the share capital of the NPTRCU subject to the regulatory evaluation of such land plots, and if it is not available – according to the expert evaluation.

Contributions to the share capital of the NPTRCU in form of real estate may be made on the basis of the property records without prior public registration of the title to such property.

Public registration of the real estate rights transferred to the share capital of the NPTRCU shall be made on the basis of the transfer act and appraisal report with regard to the property contributed to the share capital of the NPTRCU. The transfer act and / or appraisal report shall be deemed as the documents confirming origin, transfer, and termination of rights to property contributed to the share capital of the NPTRCU.

Promulgation of the resolution adopted by the Cabinet of Ministers of Ukraine on establishment of the NPTRCU shall be deemed as an official notice of creditors on termination of the legal entities defined in Article 1 of the Law.

It shall be set forth that the share capital of the NPTRCU shall be made by means of property of the legal entities defined in Article 1 of this Law, except for the property that cannot be transferred to the share capital according to the legislation, and transferred to the NPTRCU on the basis of the right of economic management.

When establishing the NPTRCU, making contributions to its share capital, and terminating the legal entities defined in Article 1  of this Law, the following provisions of the laws shall not be applied:

regarding necessity to obtain a consent of the creditors to replace a debtor to the obligation (transfer of a debt), unless otherwise provided for by the international treaties of Ukraine ratified by the Verkhovna Rada of Ukraine;

regarding rights of creditors to demand security for obligations, early termination or fulfilment of obligations, or compensation for damages in connection with reorganization;

regarding impossibility to complete reorganization before satisfaction of claims lodged by the creditors;

regarding financial statement audit of the legal entities defined in  Article 1 of this Law.

It shall be set forth that Subparagraph Twenty-Two Paragraph One of Article Six and Paragraph Five of Article Eleven of the Law of Ukraine On Management of State Property with regard to the NPTRCU shall not be applied.

It shall be set forth that before completion of the reorganization process of the broadcasting companies referred to in Article 1 of this Law, the broadcasting licenses owned by them shall be in force until adoption by the National Television and Radio Broadcasting Council of Ukraine of a decision on revocation of the respective licenses in accordance with Article 17 of this Law.

It shall be set forth that pursuant to the requirements of Article 5 of this Law, the National Television and Radio Broadcasting Council of Ukraine shall issue licenses to the NPTRCU for broadcasting in the upper sub-band of ultra-short waves intended for radio broadcasting under the procedure prescribed by the Law of Ukraine On Television and Radio Broadcasting. It shall be set forth that the National Television and Radio Broadcasting Council of Ukraine shall immediately provide for adoption of the Procedure for holding a conference of non-governmental organizations and associations and election of members of the NPTRCU Supervisory Council nominated by non-governmental organizations and associations.

{Section IV is amended with Subparagraph 2-1 in accordance with the Law No. 271-VIII of 19.03.2015}

  1. The following Laws of Ukraine shall be amended:

1) the Law of Ukraine On Election of the President of Ukraine(Vidomosti Verkhovnoi Rady Ukrainy, 2004, No. 20-21, p.  291; 2009, No. 50, p. 754):

in Paragraph Eight of Article 61, the words “and the National Television Company of Ukraine, the National Radio Company of Ukraine, among the respective constituency election commissions and regional state or communal television and radio organizations” shall be replaced with the words “constituency election commissions and television and radio organizations”;

in Article 62:

Paragraph Five:

in the first sentence, the words “on the First National Channel of the National Television Company of Ukraine” shall be replaced with the words “on the national social and political channel of the Public Television of the National Public Television and Radio Company of Ukraine”;

in the second sentence, the words “on the First Channel of the National Radio Company of Ukraine” shall be replaced with the words “on the national social and political channel of the Public Radio of the National Public Television and Radio Company of Ukraine;

in the first sentence of Paragraph Six, the words “by the National Television Company of Ukraine” shall be replaced with the words “by the National Public Television and Radio Company of Ukraine”;

in  Paragraph Seven, the words “by the National Television Company of Ukraine” shall be replaced with the words ““by the National Public Television and Radio Company of Ukraine”;

in Paragraph Nine of Article 64, the words “on the First National Channel of the National Television Company of Ukraine” shall be replaced with the words “on the national social and political channel of the Public Television of the National Public Television and Radio Company of Ukraine” and the words “on the First Channel of the National Radio Company of Ukraine” shall be replaced with the words “on the national social and political channel of the Public Radio of the National Public Television and Radio Company of Ukraine;

2) in the Law of Ukraine On Election of Members of Parliament of Ukraine (Vidomosti Verkhovnoi Rady Ukrainy, 2012, No. 10-11, p. 73; as amended by the Law of Ukraine no. 709-VII of 21 November, 2013):

in Paragraph Seven of Article 71, the words “and the National Television Company of Ukraine, National Radio Company of Ukraine (for television and radio organizations)” shall be removed;

in Paragraph Eight of Article 72, the words “by the National Television Company of Ukraine, National Radio Company of Ukraine” shall be replaced with the words “by the National Public Television and Radio Company of Ukraine”;

in the second sentence of Paragraph Fifteen of Article 74, the words “and is broadcast by the first channels of the National Television Company of Ukraine and National Radio Company of Ukraine” shall be replaced with the words “and is broadcast on the national social and political channels of the Public Television and the Public Radio of the National Public Television and Radio Company of Ukraine”.

  1. The Cabinet of Ministers shall:

{Subparagraph One Paragraph Four of Section IV as amended in accordance with the Law No. 271-VIII of 19.03.2015}

develop proposals as to bringing the Ukrainian laws in compliance with this Law and submit them for consideration of the Verkhovna Rada of Ukraine;

amend its regulations and regulatory acts in compliance with this Law;

take actions in connection with establishment of the National Public Television and Radio Company of Ukraine according to the procedure established by this Law;

ensure control over taking public inventory of assets, including intangible assets of the legal entities defined in Article 1 of this Law;

{Subparagraph 4 of Section IV is amended with Clause Five in accordance with the Law No. 271-VIII of 19.03.2015}

establish the commission on reorganization of the legal entities defined in Article 1 of this Law and adopt the procedure for transfer of the National Television Company of Ukraine into the NPTRCU taking into account the peculiarities envisaged by this Law;

{Subparagraph 4 of Section IV is amended with Clause Six in accordance with the Law No. 271-VIII of 19.03.2015}

develop and submit to the Verkhovna Rada of Ukraine within six months proposals regarding:

{Subparagraph 4 of Section IV is amended with Clause Seven in accordance with the Law No. 271-VIII of 19.03.2015}

introduction of broadcasting of communities based on the public broadcasting principles;

{Subparagraph 4 of Section IV is amended with Clause Eight in accordance with the Law No. 271-VIII of 19.03.2015}

introduction of regulation of common use property (public property).

{Subparagraph 4 of Section IV is amended with Clause Nine in accordance with the Law No. 271-VIII of 19.03.2015}

Acting President of Ukraine                                                                                     О. TURCHYNOV
Chairman of the Verkhovna Rada of Ukraine

Kyiv
17 April, 2014 
No. 1227-VII

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