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The Law of Ukraine On Television and Radio Broadcasting

THE LAW OF UKRAINE On Television and Radio Broadcasting


(The Vidomosti Verkhovnoi Rady Ukrainy (VVR), 2006, No. 18, p. 155)

The Verkhovna Rada of Ukraine resolves to amend the Law of Ukraine On Television and Radio Broadcasting

(3759-12) (The Vidomosti Verkhovnoi Rady Ukrainy, 1994, No. 10, p. 43; 1995, No. 13, p. 85; 1996, No. 5, p. 18; 1997, No. 15, p. 115; 1998, No. 2, p. 6, No. 34, p. 233, No. 49, p. 302; 1999, No. 41, p. 373; 2000, No. 27, p. 213, No. 32, p. 257), which shall henceforth read as follows:

This Law shall, in accordance with the Constitution of Ukraine and the Law of Ukraine ‘On Information’, govern the activities of TV and radio broadcasting organizations in the territory of Ukraine and set forth the legal, economic, social, and organizational terms of their operations, aimed at promotion of free speech, the rights of citizens to receive exhaustive, reliable and up-to-date information and to open and free discussion of social issues.

Section I. GENERAL PROVISIONS

Article 1. Definitions

For the purposes of this Law-

‘audio-visual information’ means any signals that are perceived by the auditory and visual receptors of a human being and identified as messages about events, facts, developments, phenomena, processes, and knowledge about persons and, also, comments (opinion) in their respect, which are published by means of images and sounds;

‘audiovisual article’ means any portion of a TV/radio programme which has a certain duration, original title and distinctive concept, comprises episodes or complete original products united by a common creative concepts, imagery and sounds, and is the result of a common effort of authors, performers and producers.

‘audio-visual (electronic) mass media’ means an organization which offers audiovisual information for general reception as transmitted in the form of electric signals and received by means of consumer electronic devices;

‘multichannel (on-air/ cable) network’ means a public telecommunication network intended for transmission of TV/sound programmes and also provision of other telecommunication and multimedia services, capable of simultaneous transmission of several TV/ radio programmes;

‘house distribution network’ means a telecommunication network intended for distribution of TV and radio programmes to individual premises (quarters) of a house, which is part of internal communication lines of a building and does not belong to a multichannel network;

‘local product’ means programmes and broadcasts or parts thereof, which have been, wholly or partially, created and/or financed by a given broadcasting organization;

‘broadcasting organization owner’ means a physical or legal person that have acquired ownership in a broadcasting organization or a stake in the statutory fund thereof, by way of establishment or in any other lawful way;

‘public telecommunications organizations’ means broadcasting organizations which the law treats as non-for-profit institutions established for the purpose of meeting information needs of territorial communities;

‘state-run broadcasting organizations’ means broadcasting organizations which are public enterprises founded by public authorities;

‘air-time’ means a period of time during which a broadcasting organization, acting under its broadcasting license, transmits (re-transmits) programmes and broadcasts.

‘television channel’ means a bandwidth assigned for television and specified in the Ukrainian Bandwidth Resource Usage Schedule.

‘broadcast channel’ means the totality of broadcasting facilities (cable, optical, wireless) intended for transmission of TV and/or sound programmes to such area as is determined by the parameters of such facilities, which allow real-time transmission of not more than one TV/radio programme;

‘multiple network channel’ means a segment of a multichannel system television network, allowing real-time broadcasting of one TV/radio programme;

‘community broadcasting organization’ means a broadcasting organization lawfully established by local self-government authorities with the participation of a local community, where at least a half of the stock or shares of statutory fund are owned by the community;

‘tender deposit’ means a cash contribution in the amount defined by the National Broadcasting Council of Ukraine, confirming the intention and commitment of a participant bidding for a license;

‘broadcast license’ means an official government deed issued by the National Broadcasting Council of Ukraine, certifying the right of the license-holder to carry out broadcasting, use broadcasting channels and/or networks, and, also multichannel networks, in accordance with the terms of such license;

‘programme service provider’s license’ means an official government deed issued by the National Broadcasting Council of Ukraine, certifying the right of the license-holder to provide programme service with the use of multichannel network bandwidth;

‘licensing requirements’ means the qualifying, organizational, technical, technological, financial and economic, as well as the special requirements to be met for the purpose of acquiring a broadcast license;

‘licensee (license holder)’ means a physical or legal person to whom the National Broadcasting Council of Ukraine has issued a relevant license;

‘broadcast licensing’ means the issue, extension, renewal, revocation or amendment of broadcast licenses, issue of duplicate broadcast licenses, keeping of licensing files and registers, supervision over licensees’ compliance with the licensing requirements and terms, issue of orders requesting elimination of violations in the area of licensing requirements or terms, as well as orders requesting elimination of violations of the broadcast licensing legislation;

‘logotype (trademark, commercial label)’ means any combination of marks (words, digits, imagery or colours), capable of distinguishing programmes or broadcast of one broadcasting organization from those of another;

‘broadcasting (TV/radio broadcasting)’ means production (consolidation and/or packaging) and distribution of programmes, programme packages and broadcasts with the use telecommunication facilities for the purpose of public reception by means of domestic television sets or radio receivers, either in an unscrambled form or for a subscription fee on the contractual basis;

‘broadcaster’ means a business, which creates (consolidates and/or packages) television or sound programmes and broadcasts and distributes same in an unscrambled or scrambled form with the help of technical means by way of transmission, re-transmission for direct reception by customers;

‘broadcast network’ means a totality of licensed broadcasting channels, telecommunication networks frequencies and satellites used by a broadcaster to distribute TV or radio programmes and broadcasts;

‘domestic audio-visual product’ means programmes, films and audiovisual articles produced by Ukrainian physical or legal persons.

‘multichannel network operator’ means a business (legal or physical person) providing service and technical maintenance of a multichannel network pursuant to the Law of Ukraine ‘On Telecommunications’ without the right to provide programme (information) service;

‘programme package’ means a list of TV and radio programmes offered on a contractual basis to subscribers by a programming service provider;;

‘broadcast (TV/radio broadcast)’ means a portion of a television or radio programme, complete in terms of content, with its corresponding title, volume of broadcasting and copyright, which can be independently of other portions of the programme and is regarded as an integral information product;

‘programming service provider’ means a business which, under a license issued by the National Broadcasting Council of Ukraine, uses multichannel network resources to provide contractual subscribers with viewable programme services;

‘wired radio network’ means a system of structures and technical facilities integrated in a technological process, which is designed to transmit one or several radio programmes over an artificial closed medium (wire);

‘programme (TV/radio programme)’ means a totality of broadcasts (TV/radiobroadcasts) united by a single creative idea, under an unvarying title, transmitted by a broadcasting organization according to a certain programme schedule;

‘programming service’ means formation of programme packages and providing subscribers with a possibility to review such on a contractual basis;

‘programming philosophy’ means a mandatory rider to a broadcasting license whereby essential characteristics of broadcasting are determined in accordance with this Law;

‘live broadcast’ means direct distribution of TV or radio broadcasts without prior recording and editing;

‘re-transmission’ means reception and immediate distribution, through any technical means, of programmes and/or broadcasts (or considerable portions thereof) transmitted by a broadcaster;

‘programme schedule’ means free non-copyrighted information generated by broadcasting organizations, about the broadcasting sequence and duration of TV and radio broadcasts over a specified period of time;

‘broadcast format’ means a document containing the list, sequence, titles and air time of TV and/or radio programmes and broadcasts and reflecting essential characteristics of the programming philosophy for a specific period;

‘community antenna system’ means a system of equipment allowing a subscription-free reception using domestic receivers, within a single building, of TV and/or radio programmes, without limitation of choice of the programmes and without the right of further distribution of same;

‘social broadcasting’ means broadcasts or programmes providing education, instruction and reference as well as broadcasts for people with impaired hearing or sight, as well as environmental awareness programmes and broadcasts;

‘subject of information activity’ means any of the legal persons doing business in the area of television and sound broadcasting (TV/sound broadcasters, programming service providers etc);

‘public service broadcasting’ means an organizational and legal form of non-commercial television and sound broadcasting, its standards of activity determined by the Law of Ukraine ‘On Public Broadcasting System of Ukraine’;

‘sponsorship’ means participation of a physical or legal person in financing, directly or indirectly, programmes with a view to promoting his name, brand, trademark or personal image;

‘production studio (independent producer)’ means a physical or legal person which creates (produces, originates) films, advertising, individual TV or radio programmes or broadcasts;

‘channel sublease’ means formalised or covert cession of a licensed broadcasting channel (time) to another corporation or individual, including any regular re-transmission of programmes and broadcasts of other broadcasting organizations which is not covered by the terms of license (programming philosophy);

‘television’ means production of audiovisual programmes or broadcasts or consolidation (packaging) thereof and their distribution by any technical means;

‘broadcasting organization’ means a lawfully registered corporation which, acting under a license issued by the National Broadcasting Council of Ukraine, creates or consolidates and/or packages TV and sound programmes and/or broadcasts and distributes same by any of broadcasting technologies;

‘TV/radio journalist’ means a full-time or part-time member of a broadcasting organization’s production personnel who professionally collects, obtains, generates and edits information for dissemination;

‘member of TV/radio personnel’ means a full-time or part-time employee of a broadcasting organization who is professionally and functionally involved in creation and distribution of TV/radio programmes and broadcasts;

‘broadcasting technologies’ means a totality of radio electronic means and equipment used to deliver programmes and broadcasts to consumers;

‘transmission’ means original distribution of unencrypted and encrypted TV and radio programmes by terrestrial transmitters over cable or satellites, intended for reception by general public;

‘license terms’ means the organizational, technological and content-related broadcasting characteristics determined by the broadcasting license and schedules thereto, as well as organizational and technical, financial, and investment commitments of the licensee organization.

‘versatile programming service’ means mandatory provision of subscribers with a possibility to review a package comprising programmes of broadcasting organizations that carry out authorised terrestrial on-air broadcasting in the service area of a respective multichannel network, except where subscribers use individual receiving equipment or systems.

Article 2. Scope

1. This Law shall apply to any relations between subjects of television and radio broadcasting activities, regardless of their ownership structure, purpose of establishment, type of statutory activity or method of distribution of TV and radio programmes and broadcasts intended for reception by general public.

2 Unless otherwise is provided by regularly ratified international agreements, this Law shall also apply to organizations located outside the country which operate under the laws of foreign states, however, to the extent that it regulates the procedure of distribution of their programmes and broadcasts in the territory of Ukraine.

3. This Law shall not apply to such relations as govern the principles of establishment and operation of closed circuit and special-purpose TV and radio systems whose broadcasts are not intended for general reception.

Article 3. Broadcasting legislation

1. The broadcasting legislation of Ukraine shall consist of the Constitution of Ukraine, the Law of Ukraine ‘On information’, this Law, the Laws ‘On public service broadcasting’, ‘On the National Broadcasting Council of Ukraine’, ‘On Telecommunications’, On Radio-Frequency Resource’ the regularly ratified international agreements.

Article 4. Main premises of public policy in the area of broadcasting

1. The government shall carry out the policy of protectionism in respect of distribution of domestic programmes and broadcasts.

2. The government shall create conditions, by means of television and sound broadcasting, for meeting cultural and informational needs of Ukrainian citizens, as well as the needs of ethnic Ukrainians residing abroad.

3. The government shall support the process whereby the subjects of information activities in the area of broadcasting (broadcasting organizations and programming service providers) form self-regulating organizations.

4. The government shall not impede direct reception of television and sound programmes and broadcasts emitted from other countries in a minority language or a regional language similar to it.

5. The government shall use effective constraints to prevent monopolisation of broadcasting organizations by industrial and financial, political and other groups or individuals and guarantee protection to broadcasting organizations against financial and political pressure on the part of financial political groups, public authorities and bodies of local self-government.

6. The government shall guarantee the exercise of the rights to information, to free and public discussion of the matters of public concern with the use of television and sound broadcasting.

7. The government shall by every legal means prevent any regular, single-minded and unreasonable concentration of attention on or positive portrayal (treatment) of war, violence and cruelty, inciting of racial, ethnic or religious hostility in newscasts and other television and radio broadcasts and promote ideological and political plurality in the domain of audio-visual media.

8. The government shall define in the legislation public authorities vested with registration and regulatory functions in the area of television and sound broadcasting and shall not establish new with identical or overlapping powers in respect of audio-visual media, or vest the existing ones with such powers.

9. Double licensing of one and the same type of activity in the area of television and sound broadcasting is unacceptable.

Article 5. Freedom of operation of broadcasting organizations

1. Censorship of the information activities of broadcasting organizations shall be prohibited.

2. A broadcasting organization shall independently decide on the content of its programmes and broadcasts.

3. No interference of public authorities, local self-government bodies, organizations, civil or religious associations, of their officials or employees, as well as that the owners, with professional activities of broadcasting organizations on any grounds other than provided for by the legislation of Ukraine shall be admissible.

Article 6. No abuse of freedom by broadcasting organizations

1. Broadcasting organizations shall be under obligation to present in their news programmes information on the position, stated officially in any way, of all political forces represented in the government.

2. It shall be prohibited to use broadcasting organizations for any of the following purposes:

to publish any information which constitutes an official secret or any other information protected in law;

to appeal for violent upheaval of the constitutional government of Ukraine;

to agitate for launching a war or aggressive actions or promote the idea of such;

to portray without reason any violence;

to promote the idea of exclusivity, superiority or inferiority of persons on the grounds of their religious beliefs, ideology, national or ethnic affiliation, physical or material status or social origin;

to broadcast such programmes or fragments thereof that may damage the physical, mental or moral development of children and teenagers, where they may watch such;

to distribute and advertise obscene matter and articles;

to promote narcotic or psychotropic substances for any purpose of their use;

to publish any information which violates legal rights and interests of natural or legal persons, or encroaches upon honour and dignity of a person;

to perform any other acts which are subject to criminal prosecution.

3. It shall be prohibited to use in programmes and broadcasts any surreptitious devices with subliminal effects and/or damaging to human health.

4. The credentials of every single programme or broadcast should indicate the name of its author(s) and the name and location of its producer.

The responsibility for the content of programmes and broadcasts shall rest with the broadcasting organization owner or the author(s) of such programme and/or broadcast.

Where so provided for by the legislation of Ukraine, the responsibility for the content of certain programmes may be borne by third parties.

Article 7.  Public administration and regulation in the domain of television and radio broadcasting

1. Public policy in relation to television and sound broadcasting, the legislative framework of its implementation and the social and legal guarantees for the persons engaged in this industry shall be determined by the Verkhovna Rada of Ukraine.

2. The Cabinet of Ministers of Ukraine shall make provision for the implementation of the public policy in relation to television and sound broadcasting and co-ordinate the activities of ministries and other central executive authorities in this sector.

3. The only public regulator in the sector of broadcasting, irrespective of the technology used to distribute programmes and broadcasts, shall be the National Broadcasting Council of Ukraine – a special standing constitutional independent public authority.

4. The legal principles pertaining to the formation, operation, status, competence, powers, and functions of the National Council, as well as the procedure of their exercise shall be defined in the Law of Ukraine ‘On the National Broadcasting Council of Ukraine’.

5. Government regulation of the national television and radio information space shall conform to the National Television And Radio Information Space Development Plan, which is drafted and approved by the National Broadcasting Council of Ukraine in accordance with the principles, objectives and priorities laid down by the laws of Ukraine.

6. The powers of other public authorities and bodies of local self-government in regard of broadcasting shall be defined by the broadcasting legislation of Ukraine.

Article 8. Protection of economic competition in television and sound broadcasting

1. No provision of this Law or of the legal acts issued in furtherance hereof may be interpreted to prejudice the law of Ukraine ‘On Protection of Economic Competition’. In particular, no individual or corporation may control in any way, by means of influence on the formation of the governing and/or supervisory bodies of any broadcasting organizations, more than 35 % of the total amount of a corresponding geographical (national, regional or local) television or sound broadcasting market.

2. Compliance of the subjects of information activities with the legislation on the protection of economic competition and prevention of unfair competition shall be supervised by the bodies of the Antitrust Committee of Ukraine, acting within their authority

3. No business may hold more than one license for terrestrial on-air broadcasting in any single geographical segment of the television and radio information market, e.g., national (country-wide), regional (individual region or oblast) and local (individual locality or a group of localities capable of being treated as a compact territorial entity).

4. It shall be prohibited to apply dumping rates for advertising and service provision.

5. The antirust legislation of Ukraine may impose other restrictions concerning economic competition in the area of television and sound broadcasting.

Article 9. Protection of interests of the state and domestic television and radio production

1. At least 50 % of the total amount of broadcasting of every broadcasting organization must consist of domestic audiovisual product or music of Ukrainian composers or performers.

2. Where a tender for broadcasting license is held, the National Broadcasting Council shall be governed by the necessity to provide for the information needs of citizens, to protect public interests and domestic broadcasters, and to develop national TV and sound broadcasting capacity. In the terms of such tender it specifies, proceeding from the above priorities, appropriate requirements to programming philosophy.

Article 10. Use of languages in the informational activity of broadcasting organizations

1. Broadcasting organizations shall broadcast in the state language.

2. Broadcasting to specific regions may also proceed in the languages of ethnic minorities residing in such region as distinct communities.

3. In the event that the original language (or that of dubbing) of a film and/or other programme (broadcast) is not Ukrainian, showing of such films and/or programmes (broadcasts) shall be conditional upon their dubbing into the state language.

4. For nationwide broadcasting, the share of air-time when broadcasting is carried out in the Ukrainian language may not be less than 75 % of the total daily broadcasting time.

5. Broadcasting to a foreign audience shall be carried out in Ukrainian and the corresponding foreign language.

6. The language (languages) of a broadcasting organization’s programmes and broadcasts shall be defined in its broadcasting license terms.

With a view to the operation of multichannel television networks, the above rules apply to re-transmission of programmes and broadcasts of businesses licensed by the National Broadcasting Council of Ukraine.

Section II

STRUCTURE OF NATIONAL TELEVISION AND RADIO BROADCASTING. ESTABLISHMENT, REGISTRATION, FINANCING AND MATERIAL BASE OF BROADCASTING ORGANIZATIONS

Article 11. Structure of national television and radio broadcasting of Ukraine

1. The structure of national television and sound broadcasting of Ukraine shall consist of state and community broadcasting organizations, the system of Public Service Broadcasting of Ukraine, private broadcasting organizations, irrespective of the programme distribution medium, public and other broadcasting organizations founded in accordance with the effective legislation of Ukraine.

Article 12. Establishment of broadcasting organizations

1. The right to establish broadcasting organizations as businesses in Ukraine shall be vested in legal persons of Ukraine and the citizens of Ukraine who have full civil capacity.

2. Broadcasting organizations in Ukraine may not be established by –

public authorities and bodies of local self-government where the decision on their establishment or their Provisions do not provide for the power to found broadcasting organizations;

corporations whose constituent instruments do not provide for a possibility of founding broadcasting organizations;

foreign legal and natural persons nor by persons without citizenship;

political parties, trade union or religious organizations as well as by the legal persons which they may have established;

citizens serving a sentence in confinement or found incapable by a court of law.

3. Interest of foreign physical and/or legal persons in statutory funds of broadcasting organizations shall be regulated by the Economic Code of Ukraine.

Constituent instruments and/or bylaws of a business which holds or applies for a broadcasting licence must provide for the establishment of a special supervisory body (editorial board etc.) in the structure of its governing bodies, a half of its composition being appointed by the founders or owners of such broadcasting organization and the other half, by its the creative personnel.

5. Failure to comply with the requirements set forth in this article shall provide grounds for exclusion of such broadcasting organization from the tender for broadcasting licence, refusal to issue or to extend such licence.

Article 13. State-run broadcasting organizations

1. The procedure of establishment of state broadcasting organizations, that of appointment of their executive officers, governing and supervisory bodies shall be laid down by laws of Ukraine.

2. State-run broadcasting organizations may be established by public authorities within their functions and terms of reference. The state broadcasting organizations shall be government enterprises.

3. State broadcasting organizations shall be guided in their activity by the Constitution and statutes of Ukraine and pursue such principal goals as are defined by this Law.

4. The principal goals of the state-run broadcasting organizations shall be as follows:

a)  to bring to their audiences up-to-date information on political and other developments in Ukraine and abroad and on emergencies which may threaten life or health of the public; to distribute official communications; to explain decisions of public authorities and bodies of local self-government;

b) to create and distribute economic, public affairs, cultural and educational, health education, art, instructional, entertainment and sports programmes, and also programmes for children and youth;

c) to promote international relations of Ukraine and its prestige in the world.

5. Public funding of state-run broadcasting organizations may only effected by way of government orders, in conformity to the procedure and forms provided for by the legislation of Ukraine.

6. The organizational and legal status of oblast state-run broadcasting organizations may only converted to public broadcasting organizations.

Article 14. The National Television Company of Ukraine and the National Radio Company of Ukraine

1. The National Television Company of Ukraine (NTKU) and the National Radio Company of Ukraine (NRKU) shall be state broadcasting organizations.

2. The National Television Broadcasting Company of Ukraine and the National Radio Company of Ukraine shall have Public Boards, each made up of 17 persons.

The personal composition of the NTCU’s and NRCU’s Public Boards shall be approved by the Verkhovna Rada of Ukraine upon nomination of 9 persons by deputy factions (groups) of the Verkhovna Rada of Ukraine, 4 persons, by the President of Ukraine, and 4 persons, by national associations of citizens involved in the domain of TV/sound programme creation and distribution.

The status of NTCU and NRCU Public Boards shall be determined by the charters of such broadcasting organizations.

3. Chief executives of the National Television Company of Ukraine and of the National Radio Company of Ukraine shall be appointed to and dismissed from their positions by the President of Ukraine on proposal of the Verkhovna Rada of Ukraine. The candidate for the position of the head of NTCU (NRCU) shall be nominated and introduced to the Verkhovna Rada of Ukraine by the Public Board of NTCU (NRCU). A proposal to dismiss the head of NTCU (NRCU), with appropriate reasoning, shall be developed and introduced to the Verkhovna Rada of Ukraine by the Public Board of NTCU (NRCU).

4. The National Television Company of Ukraine and the National Radio Company of Ukraine shall have their charters which are subject to adoption by a Law of Ukraine.

5. The National Television Company of Ukraine and the National Radio Company of Ukraine shall be registered with the corresponding territorial authorities, have their seals and be deemed subjects of economic and information activities.

6. The organizational and legal status of the National Television Company of Ukraine and that of the National Radio Company of Ukraine may only be changed to the status of Public Service Television and Radio Broadcasting.

Article 15. Public service broadcasting organization

1. The procedure of establishment, the status and activities, as well as the procedure of making the governing and supervisory bodies of the Public Service Broadcasting of Ukraine shall be defined by the Law of Ukraine ‘On public service broadcasting system of Ukraine’.

Article 16. Community broadcasting organizations

1. Community television and sound broadcasting organizations shall be created by territorial communities.

2. A decision to establish and finance a community broadcasting organization shall be taken by the competent body of local self-government.

Article 17. Private broadcasting organizations

1. Private broadcasting organizations shall be established by physical and/or legal persons, as defined by this Law, the Civil Code of Ukraine, and the Economic Code of Ukraine.

Article 18. Public broadcasting organizations

1. Public broadcasting organizations shall be established by physical and/or legal persons with a view to meeting information needs of territorial communities, as defined by this Law, the Civil Code of Ukraine, the Economic Code of Ukraine, and the Law of Ukraine ‘On associations of citizens’.

2. Public broadcasting organizations may not engage in entrepreneurial activities and may only perform non-commercial economic activities.

3. Public broadcasting organizations shall have a non-for-profit status.

Article 19. Financing of broadcasting organizations

1. The financing sources of broadcasting organizations shall be budgetary appropriations for government orders, subscription fee, the revenues received from production and broadcasting of advertising and from production of television and radio programmes made to order, and any other commercial operations warranted by law and the constituent instruments, as well as loans, investments, contributions of the founders, sponsors, and charitable organizations.

2. Any direct public funding of broadcasting organizations by public authorities shall be prohibited. Public funds may be used to pay for information services provided by broadcasting organizations to public authorities and administrative bodies in accordance with the legislation of Ukraine.

3. Any direct or indirect financing of such by political parties, trade unions or religious organizations shall be prohibited.

4. Foreign investments as a source of financing of broadcasting organizations shall be allowed only as provided for by the legislation of Ukraine and article 12 para 3 of this Law.

5. Financing of the system of Public Service Television and Sound Broadcasting shall comply with the Law of Ukraine ‘On public service broadcasting of Ukraine’.

Article 20. Material base of broadcasting organization.

1. The broadcasting organization’s material base required for the production of television and radio programmes and broadcasts and for their delivery to the audience may comprise any broadcasting and distribution technologies certified in Ukraine according to the effective procedure.

2. Any television and sound broadcasting technologies developed (acquired, built) at the cost of public investment may be handed over for use to private broadcasting organizations under relevant broadcast licenses and in conformity with the procedure determined by the legislation of Ukraine.

3. Television and sound broadcasting technologies may be owned by broadcasting organizations and used by them for their own broadcasting purposes.

Section III

DEVELOPMENT OF NATIONAL TELEVISION AND RADIO INFORMATION SPACE. LICENSING OF BROADCASTING. PUBLIC REGISTRATION OF SUBJECTS OF INFORMATION ACTIVITIES IN THE AREA OF TELEVISION AND SOUND BROADCASTING

Article 21. National television and radio information space development plan

1. The National Television And Radio Information Space Development Plan (“the Development Plan”) shall be a regulatory instrument to be developed by the National Council and approved by it in a decision made in compliance with this Law. Proceeding from the Development Plan, the National Council shall decide on the creation and development of broadcasting channels, broadcasting networks, and television networks which intend to use the radio-frequency bandwidth of Ukraine, define the terms and announce tenders for broadcasting licences, define the terms of licences for broadcasting which is subject to registration procedure.

2. The Development Plan consists of two parts:

a) The Plan of utilisation of the radio-frequency bandwidth allocated for TV and sound broadcasting;

b)   basic requirements as to the content and ratio of broadcasting formats in each territorial segment of the television and radio information space.

3. The Development Plan and any changes thereto shall be subject to decision of the National Council in conformity to the procedure laid down by the Law of Ukraine “On the National Broadcasting Council of Ukraine”.

4. The Development Plan shall be reviewed at least once every year following the report of the National Council.

5. The procedure of drafting a Development Plan and changes thereto shall be defined by the National Council.

6. The Development Plan and changes thereto shall be officially promulgated by the National Council within a month of the date of the relevant decision.

Article 22. Creation and development of broadcasting channels, networks and television networks

1. Subject to a decision of the National Council, broadcasting channels, broadcasting networks and television networks where they intend to use the radio-frequency bandwidth of Ukraine shall be created and/or changed in terms of service area in accordance with the Plan of Use of the Radiofrequency Bandwidth of Ukraine and the Development Plan.

2. On the basis of the decision to create a broadcasting channel, broadcasting network or a multichannel television network which intends to use the radio-frequency bandwidth of Ukraine, The National Council addresses the bodies of radio-frequency planning with a proposal to draft an opinion concerning electromagnetic compatibility of radio-electronic means of broadcasting pursuant to the provisions of the Law of Ukraine “On the radio-frequency bandwidth of Ukraine” and, upon delivery of such opinion, announces a tender (tenders) for a broadcasting license (or licenses).

3. The engineering development of a broadcasting channel or broadcasting network shall be carried out by the broadcasting organization which has been issued a broadcasting license or such economic subjects as it may have appointed, in compliance with the requirements of the legislation on telecommunication and radio-frequency bandwidth of Ukraine.

4. The procedure of engineering development of a multichannel television network is established by the operator of multichannel television networks in compliance with the requirements of the legislation on telecommunication and radio-frequency bandwidth.

5. The National Council shall facilitate the widest possible coverage of each territorial category by broadcasting channels, networks and television networks. Expansion of broadcasting channels, networks and television networks within the limits defined by the broadcasting license of the National Council shall be carried out on the basis of the licensee’s application on a competitive basis and in accordance with the Development Plan.

6. Any change of a territorial category of a broadcasting channel or network or that of a television network shall require that broadcasting on such broadcasting channel or network or on the corresponding channels of a multichannel television network be licensed repeatedly in accordance with the requirements of this Law.

7. Migration from analogue to digital broadcasting shall be carried out in accordance with the Development Plan.

8. The National Council shall promote the introduction of digital broadcasting and corresponding technological re-equipment of operational broadcasting channels and networks. Changes in the terms of a broadcasting license in the case of migration from with analogue to digital broadcasting where they concern any modification of technological parameters, type of broadcasting (i.e. switching to multichannel broadcasting) and revision of the programming concept shall be subject to the broadcasting licence renewal procedure provided hereunder.

9. In the event that the licensee fails to submit an application for renewal of the license to the National Council within two months of the date when the channel or network is ready for introduction of digital broadcasting, the National Council shall announce a tender for a license for multichannel broadcasting; the existing licensee retaining the right to broadcast on one of the channels of the new digital multichannel television network.

10. The procedure of utilisation of the radio-frequency bandwidth for the needs of television and sound broadcasting, electromagnetic compatibility, allocation and operation of radio-electronic broadcasting means shall be determined by the Law of Ukraine “On the radio-frequency bandwidth of Ukraine”.

11. The funds required for the development of an opinion concerning electromagnetic compatibility of radio-electronic means of broadcasting necessary for the creation and development of broadcasting channels, broadcasting networks and multichannel television networks stipulated by the Development Plan shall be provided in the State Budget of Ukraine as a separate line of expenditure of the National Council.

12. The number of broadcasting channels, broadcasting networks and television networks which intend to use the radio-frequency bandwidth of Ukraine in each territorial category, including broadcasting based on the use of digital technologies, shall be determined by the National Council.

13. Opinion concerning the feasibility and terms of use of the radio-frequency bandwidth of Ukraine by broadcasting organizations shall be prepared by the lawfully authorised bodies of radio-frequency planning only upon request of the National Council.

Article 23. Licensing of broadcasting

1. Licensing of broadcasting shall be a prerogative of the National Broadcasting Council of Ukraine and be executed as prescribed and required by this Law and the Law of Ukraine ‘On the National Broadcasting Council of Ukraine’.

2. Licensing of foreign broadcasting organizations shall be prohibited.

3. Subject to specific organizational and technological characteristics of programme distribution, the National Council shall issue licenses for the following types of broadcasting:

satellite broadcasting;

on-air broadcasting;

cable broadcasting;

wire broadcasting;

multichannel broadcasting;

4. The geographical category of broadcasting and the geographical category of a broadcasting channel or a multichannel network are defined subject to the programme distribution area:

nationwide broadcasting is broadcasting to at least two thirds of the population of every oblast of Ukraine;

regional broadcasting is broadcasting to a region (oblast or several neighbouring oblasts), however, less than a half of oblasts;

local broadcasting is broadcasting to one or several neighbouring localities which covers not more than a half of the territory of an oblast;

overseas broadcasting is broadcasting to a territory outside the borders of Ukraine;

5. Digital broadcasting which utilises the radio-frequency bandwidth of Ukraine shall be licensed as multichannel broadcasting.

6. Broadcasting shall be licensed on a competitive basis (proceeding from the results of open tenders) or, where so provided herein, on a non-competitive basis (hors concourse).

7. The following types of broadcasting shall be licensed on a competitive basis:

on-air broadcasting

multichannel broadcasting utilising the radio frequency bandwidth;

8. Hors concours procedure shall apply to licensing of-

satellite broadcasting;

cable broadcasting;

wired network broadcasting;

on-air broadcasting over a channel of a multichannel television network, as provided under article 22 para 9 of this Law.

9. A broadcasting license issued by the National Council shall be the only sufficient document entitling the licensee to pursue broadcasting activities in accordance with the terms of such license and use broadcasting channels, provided that the owners of radio electronic means have lawful permits to operate such.

Article 24. Application for (extension of) a broadcast license

1. An entity (business) intending to procure a broadcasting license (or have same extended) shall file an application for issue (extension) of a license with the National Council.

2. The application must indicate-

a)  information regarding the founder(s) and owner(s) of the broadcasting organization (for corporations: name, legal address, bank details; for individuals: full name, date of birth, nationality, address) and the structure of authorised fund; for a joint-stock company, also, a full list of its shareholders owning blocks of shares of at least 5 %;

b)   information regarding the personal composition of the governing and supervisory bodies of the broadcasting organization: head of organization, composition of its board of directors, composition of the supervisory board, etc. (for each person, his full name, date of birth, citizenship, address);

c)  name of organization, its legal address, bank details, contact phones and other basic data (logo, call sign, emblem, etc.);

d)  b) type of broadcasting, as required under Article 23 of this Law;

e)  targeted programme distribution area, as required under Article 23 of this Law;

f)   requested procedure of consideration, i.e. tender for license or hors concourse consideration as required under
Article 23 of this Law and the decision of the National Council;

g)  characteristics of the broadcasting channel, broadcast network, or multichannel network:

for terrestrial on-air and network, broadcasting: the frequency (frequencies), transmitter (transmitters) location and power, and the coverage area;

for satellite broadcasting: information regarding the parameters of the satellite broadcasting channel and footprint;

for multichannel network and facility dispersion: the telecom operator providing maintenance and operation of the network, head-end location maximum number of channels (resource) of such multichannel network, location (service area) of the multichannel network;

h)  periodicity, hours, volume and format of broadcasting;

i) language (languages) in which the broadcasts are to be carried out;

c) number of households in target distribution area;

3. A broadcasting organization filing an application for a license or extension of one shall also provide the following attachments:

copies of the duly approved constituent instruments/bylaws of such broadcasting organization;

a copy of the certificate on its registration in the capacity of a subject of information activity (if any);

a tentative list of staff of the broadcasting organization;

the programming policy statement, as required under Article 28 of this Law.

4. In the case of an extensive broadcasting network, or a significant number of transmitters, or other basic information, the broadcasting organization shall submit them under separate cover as an attachment to its application.

5. With a view to ensuring observance of antimonopoly restrictions laid down in the law and the restrictions concerning the share of foreign owners in the authorised capital of broadcasting organizations, the National Council shall have the right.

to additionally request and obtain from any broadcasting organization the information concerning the distribution of shares in the authorised capital of the legal persons who are its founders or owners and, in particular, its shareholders;

to request an opinion of the Antitrust Committee of Ukraine concerning potential monopolisation or substantial reduction of competition in the information domain.

6. No one may require any other documents for the purposes of issuing (extending) of a license.

7. Where licensing is executed hors concourse on the basis of an application, an application for a broadcast license shall be considered, and a decision in its respect made, within one month of its receipt by the National Council, of which decision the applicant shall receive due notification.

8. In the event of tender, consideration of applications for broadcasting licenses shall be performed as required under articles 25 and 26 of this Law.

9. Consideration of applications for extension of a license shall be performed as required under Article 33 of this Law.

10. The National Council may set aside an application for (extension of) a license, as provided for under Article 29 of this Law.

11. Upon consideration of an application the National Council shall make a decision either to issue (extend) or not to issue (extend) a license, in conformity to the requirements of this Law.

Article 25. Competitive broadcast licensing

1. Licensing of broadcasting where such is related to the use of the radio frequency resource, and that of broadcasting on free channels of multichannel networks shall be based on the results of open tenders.

2. A tender for a license shall be initiated, called and held by the National Council. The National Council may initiate a tender either at its discretion or on an appropriate inquiry of a broadcasting organization.

3. The National Council shall call a tender for a license, provided there are available broadcasting channels, broadcast networks, or free air time on broadcasting channels (networks), and also where:

a) an opinion has been obtained as to the possibility and terms of utilisation of frequencies allocated for the purposes of television and sound broadcasting not used for broadcasting before and the relevant opinion as to the electromagnetic compatibility of the broadcasting means;

b)  the previous licensee has failed to apply 180 days prior to expiry of his license to the National Council for extension or the National Council has refused extension to such licensee, in compliance with the procedure established herein;

c)  the license of the previous licensee has been invalidated in accordance with the provisions hereof;

d)   the license of the winner of the previous tender has not entered into force for his failure to pay the license fee within the time specified in accordance with the provision hereof;

4. The National Council shall make the decision to call a tender and, at least 60 days before the deadline for applications, shall publish an announcement in the media the list of which it shall determine.

5. The announcement shall indicate the following:

a)   the deadline for filing license applications, including a second submission upon elimination of the reasons for which the application may have been set aside, as required under Article 29 hereof;

b)  the deadline for reviewing the results of the tender, which may not be later than 60 days after the reception of applications is complete;

c)   summarised information on the broadcast channel, broadcast network or broadcasting channel(s) in a multichannel network with the use of which broadcasting is to be carried out;

d)  tender terms and deadlines for their fulfilment;

e)  specific features of broadcasting over the channel or channel(s) of a multichannel network;

f)  maximum amount of the license fee;

g)  tender deposit;

h)  maximum broadcasting hours;

i)  address for filing licensing applications;

6. Eligible for a tender shall be legal persons which have filed at the National Council their licensing applications and other documents as required under Article 24 hereof.

7. Admission to a tender shall be denied to-

legal persons whose applications have been set aside in accordance with Article 29 of this Law;

legal persons which do not meet the standards set forth in article 12 of this Law concerning their establishment, interest of foreign physical or legal persons in the equity or authorised fund of the broadcasting organization, and constituent instruments and bylaws of such broadcasting organization.

8. The National Council shall make a reasoned decision to refuse admission of a legal person to a tender and notify such of said decision within 30 days of receipt of the application. Appeal from such decision lies with the court.

9. If no licensing application is filed within the specified term, the National Council may extend the deadline for applications, postpone the tender for a term, change the terms of such tender or terminate the tender;

10. The filing of application by only one applicant shall not be deemed grounds for extending the deadline for applications, postponement of the tender for a definite term, change of tender terms or termination of the tender.

11. The terms of a tender shall be set down by the National Council before calling one and shall be approved by a special decision of the National Council.

12. The terms of a tender shall specify:

a)  license requirements for the relevant type of broadcasting;

b)  requirements concerning programming policy statement;

c)   requirements concerning the organizational and technical, financial and investment obligations of the prospective license holder.

13. A decision to name the winner of a tender and to issue him a license shall be made by the National Broadcasting Council of Ukraine within one month after the deadline for licensing applications.

14. While reviewing applications the National Council shall give priority to a broadcasting organization that:

a) has the best capacity to fill the terms of the tender;

b)   gives advantage to socially important programming (news, public affairs, children’s programmes, etc.), satisfies the information needs of ethnic minorities and promotes free speech;

c)  is better equipped, financially, economically and professionally, to carry out television and sound broadcasting.

15. Guided by the standards of activity of broadcasting organizations, as defined by this Law, the National Council may extend the list of criteria, subject to their publication prior to a tender in question.

16. The National Council shall notify the applicants in writing of its decision within five working days of the formal delivery thereof (a copy of the decision shall be mailed or handed over).

17. A broadcast license shall be executed and issued to the broadcasting organization which has won the tender within ten days after the latter pays the license fee, which shall be confirmed by an appropriate statement of the local office of the Treasury of Ukraine, provided such payment is effected within one month from the date of the decision to issue the license.

18. The terms of a broadcast license to be issued on the basis of a tender shall be determined by the National Council in agreement with the prospective licensee in accordance with the terms of the tender and the programming characteristics declared by such licensee and his commitments. Upon completion of a tender, the winner broadcasting organization may undertake additional commitments, which shall be executed as its license terms.

19. The National Council may invite government institutions, non-governmental organizations and associations of citizens to provide their expert opinion in respect of the applicants’ capabilities. These opinions shall be recommendatory for the National Council.

Article 26. Tender deposit

1. Every applicant shall make security deposit with a view to affirming his intentions and commitments as respects his bidding for a license.

2. Tender deposit shall be a prerequisite for participation in a tender. The National Council shall determine by decision the amount of such tender deposit, provided that it may not exceed 10 per cent of the announced maximum rate of the license tax

3. The payment deposited against tender security by the winner of a license tender shall be credited to the amount payable by him as a license tax. The cash deposits of those other participants who failed in the tender shall be remitted to the state budget

Article 27. Broadcast license

1. A broadcast license shall be issued not later than on the tenth day of the date when the National Council adopts a decision to issue one, subject to payment of the license tax, and shall be the only legal entitlement to broadcasting.

2. The form of a broadcast license shall be defined by the National Broadcasting Council of Ukraine, as required herein.

3. A broadcast license shall indicate-

a) designation of the organization, its essentials and other basic data (e.g. logotype, call sign, mark, etc.);

b) location, legal and actual address of the organization;

c) type of broadcasting and target distribution area for programs as shown in the annex to the license;

d) general characteristics of the broadcasting channel, broadcast network or multichannel network (with the indication of the telecommunications operator in the case of a multichannel network);

e) periodicity, broadcasting time, scope and schedule;

f) language(s) in which broadcasts are to be carried out

g) effective date of the license;

h) duration of the license;

4. A broadcast license shall have the following mandatory riders:

programming philosophy;

organizational and technical, financial, and investment commitments made by the licensee organization during competitive selection or, where a license is granted hors concours, during consideration of its application by the National Council;

detailed characteristics of the broadcasting channel, broadcast network or multichannel network: frequency (frequencies), transmitter(s) location and power, distribution area, location of the head-end station of the multichannel network, maximum number of channels (resource) of the multichannel network, service (reception) area of the multichannel network;

information as respects the owner (co-owners) of the licensee organization and the structure of its authorised capital; for a joint-stock company, also a full list of its shareholders owning blocks of shares of at least 5 %;

information on the governing and supervisory bodies of the licensee organization: head of the organization, list of members of its management, members of the board, list of members of the supervisory board, etc. (for each of person: full name, date of birth, nationality, address);

5. The organizational, technological and content-related characteristics of broadcasting, as well as the organizational and technical, financial, and investment commitments of the licensee, as defined in the broadcast license and riders thereto, shall constitute the terms of such broadcast license.

6. The terms of a license shall be defined by the National Council in coordination with the prospective license holders, in compliance with the procedure laid down in this Law, and approved by a decision of the National Council.

7. A licensee must comply with the terms of his license. The National Broadcasting Council of Ukraine shall monitor the performance of licensees under their licenses, and where terms thereof are violated, impose penalties as provided for by this Law.

Article 28. Programming conception of a broadcasting organization

1. Requirements to a programming conception shall be established by the National Broadcasting Council of Ukraine in accordance with this Law.

2. The programming conception of a broadcasting organization shall specify-

the share of local product;

the minimum share of domestic audiovisual product;

the maximum share of foreign audiovisual product;

the maximum hours of re-transmission and a tentative list (per genres) of programs and broadcasts which are to be re-transmitted;

the genre distribution of programmes and broadcasts.

3. The core of the programming conception of a broadcasting organization must comprise the following programmes:

analytical newscasts and social comment;

culture and arts;

popular science and education;

entertainment;

4. In the period of time between 7am to 11pm all licensees (save for satellite broadcasting) must respect the following ratio between Ukrainian and foreign programmes:

programmes produced in Europe must constitute at least 80 per cent, including at least 50 per cent of Ukrainian programming product;

in radio programmes, music of Ukrainian composers and performers must in a any week constitute at least 50 per cent of total broadcasting time.

5. No licensee may distribute programmes capable of affecting healthy physical, mental or moral development of children and youth, nor programmes containing scenes of horror, killing or violence (physical or psychological), or scenes appealing to sexual instincts.

6. The accompanying text may not contain obscene words, expressions etc. Provisions of this subparagraph do not apply to encrypted multichannel systems.

7. The programming conception of a multichannel broadcasting shall specify-

the list of programs provided in the fixed package, including the licensee’s local product and programmes of other broadcasting organizations ;

the terms, i.e., unencrypted or encrypted, of distribution of each programme;

programming conceptions for each of the licensee’s local programmes as required under subparagraphs 2 and 3 of this article.

8. Every licensee shall be required to perform under his stated programming conception.

9. Any change to the programming conception shall comply with the procedure established hereunder.

Article 29. Setting aside of an application for license

1. An application for a broadcast license shall be set aside where:

a) the application is submitted (signed) by a person having no due authority;

b) the application is submitted in contravention of the requirements of article 24 of this Law

c) an earlier license has been granted to a broadcasting organization bearing the same designation and transmitting to the same distribution area.

2. A written notice reciting the reasons for the setting aside of his application shall be served on the applicant within seven working days after registration of the application.

3. Once the reasons for which the application had been set aside have been eliminated, such application shall be considered on its merits, according to the procedure and at such time as established by this Law.

4. If such reasons have been eliminated before the deadline for applications for participation in a licensing tender, the applying broadcasting organization shall be admitted to bid.

Article 30. Refusal to license broadcasting

1. Where a tender is held for a broadcast license, victory of one applicant shall be grounds for refusal to grant the license to the other bidders.

2. Where the National Council considers an application for a broadcast license hors concours, it shall refuse to granting one if it finds that-

a) the applying organization does not meet the license requirements for the stated type of broadcasting, including the requirements set forth in article 12 hereof as respects the constitution of broadcasting organizations, maximum share of interest held by foreign individuals or corporations in the equity or authorised fund of the broadcasting organizations, and also as respects the constituent instruments and byelaws of the broadcasting organizations;

b) the information provided in the application does not represent the facts at the moment of its consideration;

c) the application has been presented earlier than one year from the date of the decision to revoke the license of such applicant broadcasting organization;

d) the applicant has no capability (economic, financial or technical) to broadcast as stated;

3. The National Council shall make a decision to refuse granting a broadcast license, having considered the application, and within five working days after protocolary execution of this decision shall serve the applicant a written notification thereof, referring to the grounds for refusal.

4. A decision to refuse granting of a license may be appealed in court within one month of its date.

Article 31. Fee for issue, extension and renewal of a broadcast license and issue of a duplicate of a license.

1. Broadcasting organizations shall pay a license tax for the issue and extension of broadcast licenses.

2. The formula for calculating the rate of the license tax shall be developed and approved by the National Broadcasting Council of Ukraine with advice and consent of the Ministry of Finance of Ukraine.

3. The license tax shall be remitted to the State budget of Ukraine. The National Council shall determine the procedure of payment of a license tax in accordance with the requirements of this Law. Unless the National Council provides a different procedure for payment of a license tax, it shall be paid by the licensee within one month of its granting by the National Council.

4. Renewal of a license and issue of a duplicate of a license shall be charged at the rate of five times the tax-exempt minimum income of the citizen.

5. Renewal of a license in connection with the changeover from analogue to digital broadcasting shall be subject to a charge equal to the license tax assessed for granting of a multichannel broadcasting license.

Article 32. Issuing of a broadcast license

1. The National Council of Ukraine shall make a decision as respects the issuing of a broadcast license immediately at the same time as it identifies the winner in the tender for such license.

2. Where an application for a broadcast license is considered hors concours, the National Council shall make a decision to issue or to refuse to issue a license, as required under article 30 of this Law.

3. A license shall be executed and issued to the applicant on the basis of the National Council’s decision not later than ten days after payment of the license tax, which is subject to be certified by the appropriate statement issued by the office of the Treasury of Ukraine. Where the National Council has decided on a different procedure for the payment of the tax, such license shall be issued to the applicant not later than on the thirtieth day of the date when the decision to issue same was made.

Article 33. Extension of the broadcast license

1. Every licensee shall be entitled to extension of his broadcast license.

2. With a view to extending the duration of a license, an application requesting extension of the license, as required under article 24 of this Law, must be filed with the National Broadcasting Council of Ukraine not later than 180 days and not earlier than 210 before expiration of the current licence. An application for extension of the license filed earlier than 210 days before the expiration of same shall be returned by the National Council to the applicant without consideration within five working days of its filing.

3. A license extension application shall be considered and a decision in its respect shall be made not later than 60 days before expiration of such license.

4. Based upon consideration of the application, the National Council shall decide either to extend the license or to refuse extension and within five working days after making the decision serve the applicant a written notice of the results of such consideration. A copy of the decision is sent by mail or handed out. A decision of the National Council to refuse extension of a license shall indicate the reasons for such decision, as required under subparagraph 7 of this article.

5. While considering and making its decision on an application for extension of a license the National Council may not modify the terms of such license, except for where-

upon expiration of the license broadcasting is to change from analogue to digital, as provided under article 22 hereof;

a change of the technical characteristics of broadcasting is necessitated by a relevant modification of the National RF Allocation Table of Ukraine and/or National Bandwidth Utilisation Plan;

the license terms do not meet the legal requirements; or

a revision of the license terms as proposed by the licensee is approved by the National Council.

6. The National Council shall hand an extended license to the licensee not earlier than on the last working day of the effective term of the earlier license, subject to payment of the license tax, as required under article 30 of this Law.

7. The National Council may decide to refuse extension of a license, provided only that-

a) the licensee files his application for extension later than 180 days before expiration of the current license;

b) the licensee has during the force of the license violated terms of same and requirements of the legislation in effect. The fact of such violations must be proven by the National Council’s decisions and sanctions not lawfully lifted, or by relevant judicial decisions;

c) the licensee does not meet the requirements of article 9 or article 12 para 2 of this Law.

8. A decision to refuse extension of the broadcast license may be appealed in court within three month of its date.

9. The organization which was denied extension of its broadcast license shall not be disqualified from filing another broadcast license application and from taking part in tenders for license in accordance with general practice and in conformity with the requirements of this Law.
Article 34. Duplication of the broadcast license

1. In the event of loss or defacement of the license the broadcasting organization shall be required to file with the National Council an application for a duplicate of the license, in a form to be established by the National Council. The license defaced must be attached to the application. As an application for a duplicate license is being filed, the National Council shall register it and issue the licensee a certificate of such registration.

2. The National Council shall consider an application for a duplicate license and make its decision on it within 10 days from the date of its filing. Within 5 working days of making its decision to issue a duplicate license, the National Council shall serve the applicant a written notice thereof and issue him a duplicate license.

3. Before a duplicate broadcast license has been issued, the broadcasting organization shall operate on the authority of the written document issued by the National Council to certify registration of the application for a duplicate broadcast license.

4. Information from the license which is to be duplicated, including the date and number of the decision to grant and/or extend same, its duration and date of issue, shall be transferred to the duplicate without change.

5. The issuing of a duplicate of the license shall be charged as established under article 30 of this Law.

Article 35. Renewal of the broadcast license.

1. In the case of change of any data required under paragraph 3 of this article, the licensee shall file with the National Broadcasting Council an application for renewal of the broadcast license, in the form established by the National Council.

2. Attached to such application must be duly certified copies of any documents confirming the necessity to modify the license.

3. The grounds for renewal of a broadcast license may be any of the following:

a) a change in the organizational status and terms of operation of the licensee;

b) the intent of the licensee to change organizational or technical characteristics of broadcasting and to make respective amendments to the terms of his license;

c) the necessity to change the terms of the license in view of changeover from analogue to digital broadcasting.

4. A licensee, where there arise any grounds for renewal of the license in view of organizational changes of his status or terms of operation, shall be required within ten working days thereof to file with the National Council an application for renewal of the license, enclosing any corresponding documents, or their notarised copies, that prove the changes concerned.

5. The National Council shall consider the application and make a decision as respects renewal of the license within ten working days from the date of receipt of such application.

6. The National Council shall refuse to renew the broadcast license and initiate its revocation if the changes in the composition of founders (co-founders) and/or owners (co-owners) are in breach of the requirements of articles 8 and 12 hereof.

7. Application for renewal of a license in view of the licensee’s intention to change organizational or technical characteristics of broadcasting shall be subject to consideration within one month from the date of its receipt. The National Council, having considered such application, shall make a decision either to modify the license and, therefore, renew it or to refuse amendment of the license.

8. An application for renewal of the license in view of changeover from analogue to digital broadcasting shall be considered within one month of its receipt.

9. Proceedings from the results of its consideration, the National Council shall make a decision to modify and, accordingly, to renew the license; the programming philosophy being revised in conformity to the Development Plan.

10. Where the licensee’s proposals as respects revising of the programming philosophy do not meet the requirements of the Development Plan, the National Council may refuse renewal of the license in view of changeover from analogue to digital broadcasting and announce a tender for multichannel broadcasting license. In such case the current licensee shall retain the right to broadcast on one of the channels of the new digital multichannel network and, also, the right to act as the telecommunications operator of the entire digital multichannel network.

11. The renewed license shall be issued to the licensee not later than ten days after adoption of the corresponding decision by the National Council, provided that he pays the fee for renewal of the license, as required under article 31 of this Law.

12. The duration of a renewed license may not exceed the duration specified in the license which was subject to renewal.

13. In case of renewal of a license, the National Council shall make a decision on invalidation of the license subject to renewal and make appropriate changes to the Public Register of broadcasting organizations of Ukraine.

14. In the event of refusal to make modifications the licensee shall be required to broadcast in accordance of the valid license.

15. As the renewed license is handed over the earlier license shall be withdrawn.
Article 36. Duration of a broadcast license

1. A broadcast license shall be issued for such term as the National Broadcasting Council of Ukraine may determine in accordance with the broadcast license application, however for not less than-

7 years in the case of on-air and multiprogramme broadcasting via multichannel networks;

10 years in the case of satellite, wired and cable broadcasting.

2. Any license shall lapse after expiry of its specified term, except as the National Council has failed within the term set down herein to consider a timely filed application for extension, in which case the license shall be valid until the National Council passes a decision to extend, or refuse to extend, such license as required hereunder.

Article 37. Revocation of a broadcast license

1. A broadcast license may be revoked by the National Council where so stipulated in this Law.

2. The National Council shall revoke a license on the following grounds:

a) relevant application of the licensee for revocation of the license;

b) decision to cancel public registration of the licensee;

b) failure by the licensee to pay the license tax within the term provided hereunder;

c) failure to broadcast as provided in the license within one year of its having been issued;

d) judgement invalidating the broadcast license.

3. The National Council shall make a reasoned decision to revoke the license within fifteen working days from the date of receipt of the documents establishing such grounds for revocation. A decision of the National Council to revoke a license may be appealed in court.

4. Within three days of making its decision to revoke the broadcast license, unless such is appealed against, the National Council shall notify of the license revocation the licensee and, also, the relevant telecommunications operators. In the event that a decision of the National Council has been appealed in court, the National Council shall serve the notice of the license revocation on the licensee and the relevant telecommunications operators within three days of the date of validity of the court decision to revoke same.

5. The National Council may bring action seeking revocation of the broadcast license, where it is found that-

a) such license has been assigned to an individual or corporation other than the licensee with a view to it pursuing information activities;

b) the application for renewal of the license in view of organizational change of the licensee’s status and terms of operation has been filed late;

c) orders to eliminate violations of the legislation and license requirements have not been complied with;

d) the licensee refuses to grant permission to the officers of the National Council for auditing his activities as provided for by the legislation of Ukraine;

e) the licensee does comply with the requirements set forth in article 12 hereof as respects the constitution of broadcasting organizations, maximum share of interest held by foreign individuals or corporations in the equity or authorised fund of the broadcasting organizations, and also as respects the constituent instruments and byelaws of the broadcasting organization.

6. A court decree on revocation of a broadcast license shall be enforced in compliance with the general procedure, in accordance with legal requirements.

Article 38. Public registration and keeping of the Public register of broadcasting organizations of Ukraine.

1. Economic agents who have been issued broadcast licenses are subject to public registration as subjects on information activities.

2. Any broadcasting organization which does not hold a broadcast license may get registered suo moto as a subject of information activities.

3. Any production studio which does not hold a broadcast license may get registered suo moto as a subject of information activities.

4. Public registration of economic agents as subjects of information activity shall be executed by the National Council.

5. Public registration of economic agents who have been licensed to broadcast is effected by way of entering such onto the Public Register of broadcasting organizations of Ukraine within three days of issue of their broadcast licenses.

6. Public registration of a production studio which does not hold a broadcast license shall be executed on the grounds of an application of its head by way of entering relevant data onto the Public Register of broadcasting organizations of Ukraine and issuing of a certificate of public registration.

7. The form of such application shall be determined by the National Council. An application shall indicate such registration data as:

a) the designation of the broadcasting organization;

b) the call sign, logotype, trade mark (if any)

c) the programming mission or format;

d) legal and postal address of broadcasting organization;

e) contact person phone numbers and e-mail address.

8. An application for public registration must be attached with the duly certified copies of the broadcasting organization’s articles of incorporation and charter, the statement of the local division of the State Committee for Statistics of Ukraine, certifying that the broadcasting organization has been entered upon the Uniform Public Register of enterprises and organizations of Ukraine.

9. The National Council may refuse consideration of an application for entry onto the Public Register of broadcasting organizations of Ukraine if the application does not comply with the requirements of this Law. Of its refusal to consider the application the National Council shall inform the applicant, within three days upon receipt of such application, indicating the reasons for the refusal.

10. The National Council shall make an entry in the Public Register of broadcasting organizations of Ukraine within three working days upon receipt of the application and, within one week upon having entered the broadcasting organization onto the Register, shall issue such organization a standard certificate of public registration. The execution of a public registration certificate shall carry a charge of five times the tax exempt minimum personal income, which sum shall be credited to the current account of the National Council.

11. The Public Register of broadcasting organizations of Ukraine shall be maintained by the National Council. The Public Register shall contain data pertaining to the broadcasting organizations which hold broadcast licenses or are registered as subjects of information activities in compliance with the procedure provided herein.

12. As respects the broadcasting organizations which have been issued a broadcast license or licenses, the Public Register of broadcasting organizations of Ukraine shall contain the following data:

a) the designation of the broadcasting organization

b) the call sign, logotype, trade mark (if any);

c) the programming mission or format;

d) the legal and postal address of the broadcasting organization;

e) contact person phone numbers and e-mail address.

f) regarding the owners and founders of the broadcasting organization, as required under article 24 hereof;

g) regarding the personal composition of the governing and supervisory bodies of such broadcasting organization, as required under article 24 hereof;

h) the date and number of the decision to issue a broadcast license;

i) series and number of the license;

j) duration of the license;

k) the type(s) of broadcasting, its scope and broadcasting hours;

l) territorial characteristics of broadcasting (nationwide, regional or local, with the specification of oblasts, rayons and localities);

m) regarding any renewals or modifications of the license, issue of its copy or duplicate;

n) regarding extension of the license;

o) regarding any sanctions imposed on the broadcasting organization as provided herein;

p) the date and number of the decision on invalidation of the license and on its revocation.

13. The information specified in paragraph 12 of this article shall be entered upon the Public Register of broadcasting organizations of Ukraine within three working days after the issue (extension, modification, duplication, revocation) of a broadcast license.

14. Access to the Public Register of broadcasting organizations of Ukraine shall be free. The procedure for use of the Register and the fee charged for the delivery of written information as respects the data contained therein shall be determined by the National Council. The National Council shall post the information entered on the Public Register of broadcasting organizations of Ukraine at a web site and publish such twice a year in the official bulletin of the National Council.

Section IV. TELEVISION AND SOUND BROADCASTING OVER MULTICHANNEL TELEVISION NETWORKS. COMMUNITY ANTENNA TELEVISION SYSTEMS. RE-TRANSMISSION.

Article 39. Broadcasting over multichannel systems

1. Multichannel television networks as telecommunications networks shall be created, maintained and protected in conformity with the requirements of the Law of Ukraine ‘On Telecommunications’.

2. In order to distribute television and radio programmes over a multichannel telecommunications network economic agents shall be required to hold an appropriate license from the National Council.

3. The right to distribute television and radio programmes over multichannel telecommunications networks shall be held exclusively by-

a) the broadcasting organizations which have been licensed to broadcast with the use of multichannel telecommunications network bandwidth in conformity with the requirements of article 23 hereof;

b) the economic agents to which the National Council has issued license of programme service providers;

4. Broadcasting organizations shall broadcast with the use of the multichannel telecommunications network bandwidth in conformity with their broadcast licenses and the contracts with the multichannel telecommunications network operator.

5. Programming service providers shall use multichannel telecommunications network on the grounds of their programming service provider’s licenses and the appropriate contracts with the multichannel telecommunications network operator.

6. A multichannel telecommunications network operator may provide programme services on its own, provided it has been licensed to act as a programme service provider.

7. Provision of a programming service to a subscriber shall be carried out on the grounds of a contract between the subscriber and the licensee, made under the effective legislation. Such a contract must specify-

the type of a programme package provided (versatile programme service, standard package or custom package);

the list of television and radio programmes and broadcasts which the providers undertakes to deliver to the subscriber;

the subscription fee for such package and/or fee for the provision of individual television and radio programmes and broadcasts.

8. A provider may not without a duly executed agreement of the subscriber change the characteristics of the programme service, which are specified in paragraph 7 of this article.

9. A provider must provide to all its subscribers the capability to receive programmes of the versatile program service and include such programmes in all programme packages.

A provider shall not required to negotiate contracts with corresponding broadcasting organizations with a view to distributing of programs of a versatile program service.

10. A programming service provider may commence its operation as soon as it is issued its license and the contents of the versatile programme package(s) approved by the national Council.

11. A programming service provider shall independently establish the rate of licence fees for different programme packages and other information services, proceeding from the market demand. Public regulation shall exclusively be applicable to the rate of the licence fee charged for the use of any versatile service.

12. In event that a provider breaks the requirements of the legislation the National Council shall impose on it sanctions specified in this Law.

Article 40. Licensing programming service providers

1. With a view to launching operation (broadcasting) of cable television and radio broadcasting an economic agent (provider or telecommunications operator or cable network operator) must obtain a license (permit) from the National Council.

2. Operation (broadcasting) of cable television and radio broadcasting shall be licensed by way of registration. A license shall be issued hors concours upon application for a term of 10 years.

3. An application for a programming service provider’s license shall be filed in compliance with the provisions of article 24 hereof. Attached to such application shall be-

a) the general concept of packaging (list) of programmes acquired for the purpose of re-transmission;

b) the documentary proof of purchase and title to distribution (re-transmission) of another broadcaster’s programmes.

4. The general concept (principles, reasons) of selecting programmes for re-transmission (offered to subscribers) shall constitute a mandatory attachment to the license for operation (broadcasting) of cable television and sound broadcasting. Such attachment is subject to annual re-registration, for which purpose the licensee must file with the National Council information on implementation of the concept of programme selection for the preceding year.

5. An application for a programming service provider’s license shall be considered and decided on within one month of its receipt by the National Council.

6. Proceeding from the results of its consideration, the National Council shall make a decision-

a) to issue a programming service provider’s license;

b) to approve the programme package(s) of the versatile programme service for the locality (localities) and/or area(s) where such programme service is intended for provision.

7. A programming service provider’s license may be revoked by a court ruling made on the motion of the National Council in view of such provider’s regular violating requirements of this Law, the legislation of Ukraine on protection of public morals and the legislation of Ukraine on copyright and neighbouring rights.

8. The rights provided under a programming service provider’s license may not be assigned to another individual or corporation.

Article 41. Community Antenna Systems

1. Community antenna television and/or radio systems shall be set up to enable consumers good quality reception with domestic receivers of television and/or radio programmes distributed in the area of operation of such community antenna system.

2. Community antenna systems shall not qualify as multichannel telecommunications networks. Operators of such systems shall not be subject to licensing by the National Council. Distribution of programmes to consumers by means of a community antenna system shall not require registration of a subject of information activity.

3. A community antenna system may operate within a multichannel telecommunications network only with the consent of the house owners, executed in a contract, to same and to the package of additional services of the multichannel telecommunications network approved by the tenants (potential subscribers).

Article 42. Re-transmission of television and radio programmes and broadcasts

1. Re-transmission of television and radio programmes and broadcasts the content of which complies with the requirements of the European Convention on transfrontier television shall not be subject to limitation in the territory of Ukraine. The procedure of re-transmission shall be governed by this Law.

An economic agent in the jurisdiction of Ukraine which intends to carry out re-transmission and has been authorised to do so by the copyright holder (producer) who does not come under the jurisdiction of an EU member state or another state party to the European Convention on transfrontier television must adjust the content of the programmes intended for re-transmission to the requirements of the Ukrainian legislation.

3. The right to re-transmit television and/or radio programmes or broadcasts shall be determined by a broadcast license or a programming service provider’s license.

4. The maximum scope of re-transmission and tentative list (per genre) of programmes and broadcasts intended for re-transmission shall be determined by the programming philosophy as required by this Law.

5. Programme service providers shall carry out re-transmission of television and radio programmes and broadcasts in multichannel networks in compliance with the list of television and radio programmes and broadcasts proposed for provision in the programming service.

Section V. ORGANIZATION OF TELEVISION AND SOUND BROADCASTING

Article 38. Commencement of broadcasting

1. An organization holding a license shall be entitled to commence broadcasting within one year after entry into force of such license. It must notify the National Council of the commencement of its broadcasting within ten days thereof.

2. The owner of broadcasting facilities, or the operator of same, may not allow to use such facilities to organizations which hold no proper license or whose license is no longer in effect.

3. Distribution of television and radio programs or broadcasts to a larger area than what is specified in the license of the National Council shall be prohibited.

4. Programmes of identical content may not be distributed by way of terrestrial on-air distribution in the same area.

5. No licensee may sublet a broadcasting channel to other organizations.

6. The head of a broadcasting organization or his authorised person shall give sanction for release of television and sound broadcasts or programs and be personally liable for their contents and quality.

Article 44. Media bureaus

1. Broadcasting organizations may establish, in accordance with the procedure established in the laws of Ukraine, their bureaus inside and outside Ukraine.

2. A media bureau shall be a structural division (affiliate) of the broadcasting organization, established for the purpose of providing information support to such broadcasting organization.

3. Media bureaus may not independently broadcast or insert information or advertising on the broadcasting organization’s broadcasting channel.

Article 45. Accrediting of production personnel of a broadcasting organization

1. A broadcasting organization shall be entitled to accredit its production personnel with such institutions and organizations that have an accreditation policy.

2. An accreditation policy must be fair, grounded and provide equal treatment for all broadcasting organizations. The accreditation policy must be published by the relevant public authority or body of local government, institution, organization or enterprise where such accreditation policy is in force.

3. Unless the law provides otherwise, a public authority, body of local government, institution, organization or enterprise may not deny free access or accreditation of production personnel of a broadcasting organization.

Article 46.  Identification information

1. Every broadcasting organization must announce its name and other identification information (designation, call sign, logotype, etc.).

2. While broadcasting (re-transmitting) sound programmes, every broadcasting organization shall identify itself with a call sign which shall be transmitted on air at least every hour.

3. While broadcasting television programmes, every broadcasting organization shall use its logotype or other identification information.

Article 47.  Authorisation of the right to use programs or broadcasts of other broadcasting organizations

1. Programs or broadcasts of other broadcasting organizations may only be used in accordance with the Law of Ukraine ‘On copyright and neighbouring rights’.

2. Any modification of the programs of foreign broadcasting companies when they are distributed over multichannel networks, except as provided in the agreements with the holders of copyright in audiovisual products or the legislation of Ukraine for shall be prohibited.

Article 48.  Registration of audio-visual works and the keeping of their copies (records)

1. Every licensed broadcasting organization shall be under the obligation to keep a log of programmes which it itself broadcasted or re-transmitted or whose broadcasting or re-transmission in full and unchanged form by a third person (telecommunications operator) it facilitated.

2. The log shall record the following information:

the date and time of the broadcast;

title and theme of the broadcast;

last names of authors and presenters of the broadcast;

the language of the broadcast.

3. The broadcasting organization shall keep a log of broadcasts for one year from the date of the last entry.

4. All broadcasts which a broadcasting organization broadcasted or re-transmitted itself or whose broadcasting or re-transmission in full and unchanged form by a third person (telecommunications operator) it facilitated must be recorded and kept on file for 14 days from date of their distribution, provided no complaint regarding their contents has been filed during this period.

5. In the event a complaint has been submitted as respects the contents of a broadcast, a record of such shall be kept until such complaint has been reviewed and a decision in its regard made, according to the standard procedure.

6. The terms of a long-term keeping of television and radio broadcasts that are of historical, artistic, cultural or any other value shall be determined by the legislation of Ukraine.

Article 49.  Distribution of official communications and other required information

1. The state-run and municipal broadcasting organizations shall have the obligation to transmit free-of-charge the official communications of the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine and the Constitutional Court of Ukraine, and also, to their relevant jurisdictions, the official communications of the Verkhovna Rada of the Autonomous Republic of Crimea, institutions of local self-government and executive authorities.

2. Broadcasting organizations, irrespective of their structure of ownership, shall be under the obligation to distribute communications on emergencies. The right to use for this purpose television and sound broadcasting shall be granted to the bodies and officials authorised to make decisions in emergencies.

3. Broadcasting of sessions of the Verkhovna Rada of Ukraine, the Verkhovna Rada of the Autonomous Republic of Crimea shall be carried out according to government order and on the contractual basis.

4. The state-run broadcasting organizations, on request of the President of Ukraine, that of the Chairman of the Verkhovna Rada of Ukraine, the Prime Minister of Ukraine or the Chairman of the Constitutional Court of Ukraine, shall provide them air time for emergency official statements on important issues of public life.

5. The state-run broadcasting organizations shall be obliged to provide in their programming such time and forms as to allow People’s Deputies of Ukraine to make statements on the issues pertaining to their official activity.

Participation of People’s Deputies of Ukraine in broadcasts pertaining to other issues shall be in accordance with general practice.

6. Any statements of local councillors on the issues pertaining to their official activity, as made in television and radio programs broadcast the jurisdiction of the relevant local council, shall be so broadcast on the terms agreed upon with the local broadcasting organizations.

Article 50.  Operations of broadcasting organizations during elections

1. The specific features of operation of broadcasting organizations during elections shall regulated by the electoral legislation.

Article 51. Broadcasting under special circumstances

1. When the state of emergency and/or martial law is declared in Ukraine or any parts of the country, a special regime of operation may be established for audiovisual media.

2. Regulation of broadcasting activities in the state of emergency and/or martial law shall be specified by law.

Article 52. Discontinuance of broadcasting

1. Termination of the licence (if it is not extended) or revocation of the license, in accordance with the requirements of this Law, shall be grounds for the discontinuance of broadcasting.

2. The licensee shall be under the obligation to stop broadcasting within 24 hours of termination or revocation of the license.

3. The head of the broadcasting organization, the head of the broadcasting organization and the telecommunication operator rendering operational services regarding relevant broadcasting facilities shall bear personal responsibility under the law if broadcasting continues after receipt of an official notice of revocation.

Article 53. Advertising

1. Any relations as may arise in the course of advertising or sponsorship activities on television and radio shall be governed by the Law of Ukraine ‘On advertising’.

Article 54. Involvement of sponsors in creation of television and radio broadcasts

1. Legal and natural persons who are not broadcasting organizations or television and radio production companies may contribute, directly or indirectly, to financing the production of television and radio programs and broadcasts or their significant portions.

2. Information about the sponsor (designation or name, trade or service mark, logotype), in the television and radio broadcasts financed by such sponsor, must be clearly and accurately indicated by means of subtitles or voice-over at their beginning and in the end.

3. Essential elements of the sponsor (address, phone number, settlement account, etc.), and also consumer properties of goods or services may not be defined.

4. It shall be prohibited to publicise the sponsors under the guise of information or otherwise during transmission of an audiovisual work.

5. Television and radio programs and transmissions, or their constituent parts, which are funded by the sponsor may not have direct or indirect reference to the designation of goods or services.

6. Sponsoring news, television and radio programs and broadcasts covering political events or issues shall be prohibited.

7. Sponsors may not exert on the time of broadcast and the contents of television and radio programs and broadcasts or their parts, nor may they interfere with professional work of broadcasting organizations and their personnel.

8. Sponsorship shall not exempt broadcasting organization of their responsibility for the contents of television and radio programs and broadcasts or their parts.

9. Legal and natural persons whose core business is production or marketing of those goods and services that may not be advertised on television and/or radio according to the legislation of Ukraine, may not act as sponsors.

Article 55. Announcement of television and radio broadcasts

1. Announcements of broadcasts shall be information intended for viewers and comply with the requirements of 59 hereof.

2. Announcements of broadcasts shall be transmitted in accordance with the Law of Ukraine ‘On advertising’.

Section VI. RIGHTS AND DUTIES OF BROADCASTING ORGANIZATIONS AND THEIR PERSONNEL

Article 56. The rights of broadcasting organizations

1. Broadcasting organizations and their personnel shall have the right to obtain any information necessary for the pursuit of their statutory activity, in the order stipulated by effective legislation of Ukraine, from the public authorities and, irrespective of their ownership structure, enterprises, institutions and organizations.

Article 57. Editorial byelaws of a broadcasting organization

1. The editorial byelaws of a broadcasting organization shall set the standards as respects the generation and dissemination of information.

2. The editorial byelaws shall be subject to approval of the owner of the broadcasting organization or his authorised agency.

3. The owner of a broadcasting organization may not interfere with the creative work of the broadcasting organization otherwise as by making amendments to the editorial byelaws of such broadcasting organization.

4. The editorial byelaws of a broadcasting organization shall specify-

Basic requirements as respects safeguarding that the information disseminated by the broadcasting organization is accurate, unbiased, impartial and balanced;

the confidentiality requirements;

requirements as respects dissemination of information about violence;

requirements as respects dissemination of information about crime;

requirements as respects dissemination of information about different communities (ethnic and sexual minorities; faith-based groups, the ill and the disabled);

requirements as respects protection of children against negative effects of information disseminated by the broadcasting organization;

requirements as respects verification of information received from third parties;

requirements concerning respect for copyright and neighbouring rights in the information disseminated;

special rules as respects dissemination of information on political parties and politicians both during and outside elections;

requirements as respects advertising and sponsorship;

provisions to prevent embedded advertising and acquisition by creative personnel of broadcasting organizations of goods and services free of charge or at a discount.

the procedure for setting up, rules of operation and powers of the editorial board of the broadcasting organization.

5. The editorial byelaws of a broadcasting organizations shall provide for the establishment of the editorial board a half of which is appointed by the owner of the broadcasting organization or its authorised agency, and the other half, elected by the creative personnel of the broadcasting organization. The editorial board of a broadcasting organization shall be required-

to control compliance of the television and radio journalists with the editorial byelaws;

to control observance of the rights of television and radio journalists, safeguards against censorship and interference with the creative activities of the broadcasting organization;

to propose that the management of the broadcasting organization consider dismissal from management position in such broadcasting organization or its division those officials who have violated the editorial byelaws and/or requirements of the legislation on the rights of television and radio journalists, prohibition of censorship and interference with the creative activities of the broadcasting organization, to order official inquiry and to dismiss such officials in accordance with the law if the alleged violations are confirmed.

6. The editorial byelaws of a broadcasting organization must be made public. A copy of the editorial byelaws shall be sent to the National Council within seven days of its approval or amendment.

Article 58. The rights of production personnel and television and radio journalists

1. The creative team of a broadcasting organization shall comprise television and radio journalists.

2. An organization’s creative team shall have the right to promote the interests of the television and radio journalists and control observance of the rights, provisions as respects prohibition of censorship and interference with the creative activities of the broadcasting organization.

3. A meeting of the creative team of a broadcasting organization shall elected a half of the editorial board of the broadcasting organization. A television or radio journalist shall have the right-

a) to attend any meeting of the creative team of the broadcasting organization and introduce motions for its consideration.

b) to nominate members of and stand in elections for the editorial board of the broadcasting organization;

c) to report to the editorial board of the broadcasting organization any cases of violations of the rights of television and radio journalists, safeguards against censorship and interference with the creative activities of the organization, and breaches of the editorial byelaws of the organization.

Article 59. The duties of broadcasting organizations

1. The broadcasting organization shall be obliged:

a) to respect the legislation of Ukraine and the terms of the license

b) to comply with decisions of the National Council and judicial authorities;

c) to disseminate unbiased information;

d) to not interfere with the transmission and reception of programmes of other broadcasting organizations and performance of telecommunication facilities;

e) to comply with the requirements of state standards and technical characteristics of television and sound broadcasting;

f) to advise television viewers that its programmes are paid;

g) to observe the rules of advertising and sponsorship, as established by legislation;

h) to respect national dignity, national identity and culture of all nations;

i) to keep confidential, on the basis of documentary proof, any information about a person who has provided information or other materials on condition that his name would not be disclosed;

j) to not disseminate any materials which may violate the presumption of innocence of a defendant or prejudice a court verdict;

k) to not disclose any information about private life of a citizen without his consent if such information is not of public concern. In the event that a court finds that dissemination of information concerning a citizen’s private life does not constitute a public concern, the damages and material loss shall be indemnified as established by the legislation of Ukraine;

l) to retract any information disseminated where this has been found inadequate, defamatory, etc

Article 60. The duties of the members of production personnel

1. A member of the production personnel of any broadcasting organization shall be obliged:

a) to adhere to the programming philosophy of the broadcasting organization and to its charter;

b) to verify the authenticity of the information that he obtains;

c) to prevent dissemination of such information as is stipulated by the second paragraph of article 6 of this Law;

d) to prevent dissemination in television and radio programs of information that violates the rights and legitimate interests of citizens, or is degrading to their honour and dignity;

e) to comply with such other requirements as arise from this Law, the charter of the broadcasting organization and, also, the terms of his contract of employment with such broadcasting organization.

2. The duties stipulated by part one of this article shall apply to part-time production personnel of the broadcasting organization.

3. Where a member of the production personnel is nominated for an elective office, he shall enjoy, so far as the use of television and sound broadcasting is concerned, equal rights with other candidates.

4. A member of the production personnel may not use his official position in the interests of the candidate whose authorised representative he may be.

Section VII. THE RIGHTS OF TELEVISION VIEWERS AND RADIO LISTENERS

Article 61.  Protection of the rights of viewers and listeners

1. Television viewers and radio listeners shall have the right-

to receive any program services of broadcasting organizations, which are accessible for reception in the territory of Ukraine;

to be informed of the broadcast schedule;

to address broadcasting organizations, their founders, the National Council and the State Broadcasting Committee of Ukraine with their comments and proposals concerning the contents and technical quality of programs and broadcasts, and to have their responses, in writing or directly in broadcasts;

to confute as provided by law any information in their respect disseminated by a broadcasting organization.

Article 62.  Protection of public morals and the rights of minors and young people

1. Broadcasting organizations and programming service providers shall be obliged to respect the provisions of the Ukrainian legislation on protection of public morals as they create, prepare and distribute television and radio programmes and broadcasts.

2. Broadcasting organizations must not distribute nor announce programs and broadcasts which are likely to impair physical, mental and spiritual development of minors and young people, excepting daily intervals from 23:00 to 06:00 hours and conditional access channels.

Such programs or broadcasts must have a special caution, be appropriately labelled in the schedule of programs of broadcasting organizations and specifically identified immediately before their transmission.

3. In their programs and broadcasts, broadcasting organizations must not without a written consent of the parents or persons who may act in their stead, and also of the relevant law-enforcement agencies, disclose any information which-

may help identify the person of a juvenile offender

pertains to the fact of suicide of a minor

Article 63.  Impermissibility of distortion of information

1. The interviewee or the person who has provided information to a broadcasting organization shall have the right to demand in writing that he should preview, or listen in to, the ready material before its transmission.

2. Disputes as respects inadequacy or incompleteness of information distributed in broadcasts specified in the first paragraph above shall be settled in court.

Article 64. Right of retraction

1. Any citizen or legal person shall have the right to demand that the broadcasting organization retract any information distributed in its program or transmission which does not represent the facts and/or is degrading to honour and dignity of the person.

2. The same right shall be enjoyed by official representatives of a citizen if the citizen is unable to demand such retraction.

3. A written complaint with the demand to retract may be lodged with the broadcasting organization within 14 days from the date of distribution of such information, of which a written notice should be served on the National Council.

4. The broadcasting organization must consider such application within seven day of its receipt, unless otherwise provided for by the legislation of Ukraine.

5. The broadcasting organization shall be under the obligation, if so requested by the applicant, to afford him free-of-charge an opportunity to listen in to (preview) the relevant portion of the program or transmission or to provide for a fee a copy of such fragment.

6. If a broadcasting organization lacks sufficient evidence that the information which it has distributed represented the facts, it shall be obliged to promptly retract such.

7. The retraction must be distributed by the same broadcasting organization and in the same program or transmission, as the information which does not represent the facts, or at such other time as may agreed upon with he aggrieved person.

8. The retraction must indicate which information does not represent the facts, and also when and in which program or transmission it was distributed by the broadcasting organization.

9. If the citizen or legal person has submitted the text of retraction, it shall be subject to distribution provided that it conforms to the requirements of this Law. Reductions or other changes in the text of the retraction submitted by the complainant shall only be made with his consent.

10. Where a broadcasting organization is under the obligation to distribute the text of a retraction, it must, if so requested by the citizen or a representative of the legal person, grant him an opportunity to present such text and broadcast it in record.

11. The broadcasting organization must notify the complainant on the tentative time of distribution of such retraction or text.

12. The broadcasting organization must promptly notify the complainant of its refusal to publish a retraction.

13. In the event that a retraction is ordered by a court decision, the text of the retraction shall be distributed by the broadcasting organization in a manner set down in this Law.

14. A broadcasting organization may refuse a person to retract information disseminated if the request for retraction has been made in breach of the requirements of this Law.

Article 65.  Right of reply

1. A physical or legal person in whose respect a broadcasting organization has distributed in its program or broadcast any information which does not represent the facts or violates any rights or legitimate interests of such person, notwithstanding any request for retraction that such person may have lodged, shall be entitled to a reply (comment or own interpretation of the case) in a program or broadcast of such broadcasting organization.

2. The procedure of filing a request claiming the right of reply (commentary or interpretation of the facts) shall be governed by article 64 of this Law.

Article 66.  Compensation of moral damages

1. Any moral (non-property) damages shall be compensated in conformity with the Civil Code of Ukraine.

Article 67.  Exemption from liability for distribution of information which is contrary to facts

1. Broadcasting organizations and their personnel shall not be liable for distribution of any information which is contrary to facts where:

a) such information was contained in an official communication or was received in writing from a public authority or body of local government.

b) such information is a verbatim quotation of any statement or speech (oral or printed) of any public official, of officer of local self-government, or a People’s Deputy of Ukraine, candidate for the office of the President of Ukraine, candidate for a People’s Deputy of Ukraine or a deputy of any assembly or council, or a candidate for a mayor;

c) such information was contained in a personalised statement broadcast without prior recording or in a statement made by a person other than members of the broadcasting organization’s personnel.

d) such information is a verbatim reproduction of any material distributed by another media outlet or news agency, where a clear reference to such is made;

e) exemption from liability is provided for by another law.

Section VIII. INTERNATIONAL COOPERATION IN THE FIELD OF TELEVISION AND SOUND BROADCASTING

Article 68.  International cooperation of broadcasting organizations

1. Broadcasting organizations shall collaborate with foreign partners on the basis of direct agreements.

2. If an international treaty to which Ukraine is a party provides other rules than this Law, then the rules of the international treaty shall prevail.

Article 69. Operation of representatives of foreign broadcasting organizations in the territory of Ukraine

1. Accreditation of foreign TV and radio correspondents shall be executed by the Ministry for Foreign Affairs of Ukraine.

2. Accredited foreign correspondents shall have such rights and duties of an employee of a broadcasting organization as provided for by this Law.

3. The representatives of foreign broadcasting organizations not accredited in Ukraine in accordance with the established procedure shall carry out their activity on equal footing with the employees of foreign corporations.

Section IX. LIABILITIES FOR VIOLATION OF BROADCASTING LEGISLATION

Article 70. Control and supervision of observance of the legislation by broadcasting organizations and programming service providers

1. The National council shall exercise control of observance and make provision for compliance with the requirements of-

the broadcasting legislation of Ukraine;

the Law of Ukraine ‘On advertising’ as respects sponsorship and distribution of advertising on television and sound broadcasting;

the legislation on protection of public morals;

the legislation on cinematography as respects the quotas of domestic films shown;

the legislation on elections.

2. The Antimonopoly Committee of Ukraine shall control observance of the legislation on promotion of fair competition.

3. The State Communications Inspectorate shall exercise, as provided for by law, public supervision of the use of bandwidth for the purposes of television and sound broadcasting, activities of telecommunications operators and monitor the technical characteristics of distribution of audio-visual information.

4. Authorized agencies of the Cabinet of Ministers of Ukraine shall control observance of the legislation on copyright and neighbouring rights.

5. Control and supervision over other legal requirements shall be exercise by other public authorities within their competence.

6. Where there are elements of violation of the legislation by a broadcasting organization or programming service provider, the authorised agency shall sanction the offender or refer the matter to the National Council of Ukraine as required by law.

Article 71.  Liabilities for breach of the broadcasting legislation

1. Broadcasting organizations, programming service providers, their executive officers and employees thereof, other economic entities, officials of public authorities and institutions of local self-government shall be held liable for violations of the broadcasting legislation. Those found guilty of violations shall be liable civilly, administratively or criminally, as provided for by the effective legislation of Ukraine.

2. The measure of responsibility and the corresponding sanction shall be established by court. Where warranted by this Law, the sanctions for specific violations of the broadcasting legislation shall be meted out by the National Council.

3. Decisions of the National Council as respects the imposition of sanctions may be appealed in court.

4. The responsibility for violation of the broadcasting legislation shall be established on the basis of documented testimonies, reports of the results of audits of broadcasting organizations, petitions of such public authorities as are defined by this Law.

Article 72.  Sanctions for violation of the broadcasting legislation

1. Sanctions for violations of the broadcasting legislation shall be imposed as ordered by a court or, where it is so warranted by this Law, by the National Council.

2. The National Council shall sanction the broadcasting organizations found to have violated the requirements of this Law or those of their license.

3. The National Council shall sanction the programming service providers found to have violated the requirements of this Law.

4. In the event that the broadcasting legislation has been violated by the other legal or natural persons, the National Council shall refer such cases to a court or to other public authorities for the purpose of eliminating such violations in accordance with the legal procedure.

5. The National Council shall base its decisions on applying sanctions on the available documentary evidence, audit reports or representations of public authorities specified by this Law.

6. The National Council may impose the following sanctions on broadcasting organizations and programming service providers:

admonition;

fine;

initiation of the broadcast license revocation in court.

7. A decision to admonish shall be made where the broadcasting organization has violated the legislation or the terms of the license, or programme service provider the legislation, for the first time.

8. A decision to impose a fine shall be made-

in the event that the relevant violation were not eliminated after admonition;

in the event that the broadcasting organization has been admonished on at least three occasions since the date of issue (extension) of its license;

in the event that the programming service provider has been admonished on at least three other occasions after it was fined.

9. No fine may be imposed if more than one calendar year has elapsed since the time of the last violation.

10. The fines are assessed by the National Council with advice and consent of the Cabinet of Ministers of Ukraine, according to requirements of the legislation.

11. A decision on exaction of a fine may be appealed in court.

12. If the violations have not been eliminated after an admonition and exaction of a fine, the National Council brings the matter before the court, seeking revocation of the broadcast license of the broadcasting organization or cancellation of public registration of the programming service provider.

Article 73.  Consideration by the National Council of the cases of violation of the legislation of Ukraine or the terms of license by a broadcasting organization or programming service provider

1. The matter of a violation by a licensee of the legislation or the terms of the license shall be considered in a session of the National Council in conformity with the procedure set down by this Law and the Law of Ukraine ‘On the National Broadcasting Council of Ukraine’.

2. The grounds for the National Council’s initiating consideration of a matter of violation by a licensee of the legislation or the terms of the license shall be audit reports.

3. Before the session, the representative of the licensee shall have the right to get acquainted with the case file, present arguments, adduce evidence and submit petitions. During consideration of the matter he may use legal assistance.

Article 74.  The making of a decision by the National Council upon consideration of a violation of the legislation of Ukraine and the terms of the license by a broadcasting organization or programme service provider

1. Having considered the case of violation of the legislation of Ukraine or the terms of the license by a licensee, the National Council shall make one of the following decisions:

a) to find a violation and apply of a sanction as stipulated by this Law;

b) to perform an additional audit;

c) to find no violation.

2. A copy of the decision shall be handed over to the licensee within ten days of its date.

Article 75.  Execution of a decision on application of sanctions

1. A decision of the National Broadcasting Council of Ukraine on application of a sanction shall handed or mailed to the head of the licensee.

2. The National Council may set in its decision to impose a sanction a deadline for the elimination of the violation.

3. Where a fine is imposed, the licensee shall be obliged to pay the same within one month from the date of receipt of the decision to exact such fine. Every day of delinquency shall carry a penalty of one percent of the amount of the fine. In the event of refusal to pay the fine, the same shall be recovered by court.

4. The amounts of fines shall be remitted to the State Budget of Ukraine.

5. A licensee shall have the obligation to present a documentary proof of payment of the fine (a copy of the money order) within five days of the date of payment.

Section X. TERMINAL PROVISIONS

1. This Law shall take effect on the date of publication.

2. The laws and regulations in effect, until harmonised with this Law, shall apply to the extent that they do not contradict this Law.

3. All licenses that have been issued by the National Council before entry of this Law into effect shall remain valid for the term defined in such licenses. Where a broadcast license is extended, the National Council shall harmonise with the provisions of this Law. The territorial category of broadcasting shall be changed on request of the licensee in compliance with the procedure set down by this Law. In such event the broadcasting organizations that were broadcasting before its entry into force in the oblasts (including the Autonomous Republic of Crimea) comprising at least two thirds of the population of Ukraine shall acquire the same status as the national broadcasters.

The broadcasting organizations shall be required to adopt their editorial byelaws as provided herein and file their copies with the National Council within one year of the effective date of this Law.

4. The following laws of Ukraine shall be amended:

1) The Law of Ukraine ‘On the National Broadcasting Council of Ukraine’ (The Vidomosti Verkhovnoi Rady Ukrainy, 2005, No. 16, p. 265):

a) to give the preamble the following reading:

This Law shall set forth the legal principles of activity of the National Broadcasting Council of Ukraine (“the National Council”) as a constitutional, standing, collegiate, public supervisor and regulator in the domain of television and radio broadcasting”;

b) to give article 3 para 2 the following reading:

“2. The National Council may not delegate its powers to a third party. No member of the National Council may not discharge alone of the functions vested in the National Council”;

c) in article 4 para 3, to replace the words ‘four years’ with ‘five years’;

d) in article 5-

to supplement paragraph 1 with a sentence: “the powers of a member of the National Council are terminated in accordance with a resolution of the Verkhovna Rada of Ukraine”;

to give the last sentence of para 2 the following reading:

“Nomination of candidates for the National Council shall be the prerogative of the deputy groups in the Verkhovna Rada of Ukraine and/or the pan-Ukrainian citizens’ associations active in the field of media activities”;

e) in article 7-

to give the first subparagraph of para 1 the following reading:

“1. Any citizen of Ukraine who is a competent specialist in the domain of journalism, jurisprudence, broadcasting, management, academic research, culture, arts, has a higher education, at least five years of work experience, in particular as a researcher or educationist, in the field of broadcasting, and command of the official language, and who has resided in Ukraine for the previous 10 years and is below the lawful age of retirement at the date of appointment may be appointed a members of the National Council”;

to replace the words “for the provision of an equal office by the State Employment Service” in para 7 with the words “to placement in an equal position in accordance with the legislation of Ukraine”;

f) to give the first subparagraph of article 8 para 1 the following reading:

“1) application for dismissal for personal reasons or acceptance of resignation as provided by the law of Ukraine ‘On Civil Service’;

g) to supplement article with a paragraph reading-

“7. The Chairman of the National Council shall be the administrator of public funds assigned for maintenance and operations of the National Council and, also, pursuant to decisions of the National Council, of extrabudgetary or other funds credited to the account of the National Council from the source not prohibited by the legislation of Ukraine”;

h) in article 11:

to supplement para 2 with the following sentence: “The representative of the National Council is a member of the National Council staff and performs official functions in accordance with the manning table of the National Council”;

to give the second subparagraph of para 7 the following reading:

“supervision over licensees’ compliance with the terms of their licenses”;

i) to add the words ‘relevant’ after the words ‘equal to’ in article 12 para 6;

j) to give article 13 para 2 the following reading:

“supervision over compliance with the broadcasting legislation by broadcasting organizations and programming service providers”;

k) in article 14, to insert the following subparagraph after second subparagraph:

“licensing programming service providers”.

In view of above, to renumber subpara 3-6 to subparas 4-7;

l) in article 15, to insert the following subparagraph after second subparagraph

“design and approval of a National Television and Radio Information Space Development Plan”.

In view of above, to renumber subparas 3-11 to subparas 4-12;

m) in article 16:

paragraph 3:

to insert the following three subparagraphs after the first paragraph:

“tasks laid down in the National Television and Radio Information Space Development Plan for the reporting period and results of their implementation;

Information as respects any modifications made to the National Television and Radio Information Space Development Plan;

tasks laid down in the National Television and Radio Information Space Development Plan for the next reporting period”.

In view of above, to renumber subparas 2-7 to subparas 5-10;

to give the following reading to the ninth subparagraph:

“information on compliance with the legal requirements as respects the share of foreign capital in the authorised funds of broadcasting organizations and the requirements as respects the constituent instruments and byelaws of broadcasting organizations”;

to give the following reading to para 5:

“5. Proceedings from the results of hearing the report of the National Council the Verkhovna Rada of Ukraine may pass a vote of no confidence to the National Council. Where the President of Ukraine also expresses no confidence, the entire composition of the National Council shall resign”;

n) to give the following reading to article 19:

“Article 19. Public registration of broadcasting organizations and programming service providers

The National Council shall execute public registration of broadcasting organizations and programming service providers and keep appropriate registers, as required under the Law of Ukraine ‘On television and sound broadcasting”;

o) to give the following reading to article 21

“Article 21. Sanctions for violation of the broadcasting legislation

The National Council shall apply sanctions to the offenders of the broadcasting legislation, as provided under the Law of Ukraine ‘On television and sound broadcasting’.”;

p) to supplement article 22 with the following para 5:


“5. The National Council may found (co-found) printed media”;

q) in article 24 para 2-

to insert the following subparagraph after subparagraph 3:

“the National Television and Radio Information Space Development Plan and amendments thereto are approved”.

In view of above, to renumber subparas 4-14 to subparas 5-15;

to insert the following subparagraph after subparagraph 9:

“decisions on issue or extension of programming service provider’s licenses, on approval and modification of respective programme packages of the versatile programme service are made”.

In view of above, to renumber subparas 10-15 to subparas 11-16;

to insert the following subparagraph after subparagraph 13:

“decisions to apply sanctions or to initiate court proceedings for the purpose of revoking the broadcast license or cancelling public registration of the programming service provider are made”.

In view of above, to renumber subparas 14-16 to subparas 15-17;

r) to give the fourth subparagraph of article 25 para 1 the following reading:

“design and implementation of a National Television and Radio Information Space Development Plan, introduction of new technologies and carrying out research as respects the use of radiofrequency bandwidth for broadcasting purposes”;

2) to give article 28 para 2 of the Law of Ukraine ‘On telecommunications’ (The Vidomosti Verkhovnoi Rady Ukrainy, 2004, No. 12, p. 155) the following reading:

“2. Provision of telecommunications services for the needs of television and sound broadcasting shall be regulated by the Law of Ukraine ‘On television and sound broadcasting’”;

3) in the Law of Ukraine ‘On radio frequency resource of Ukraine’ (The Vidomosti Verkhovnoi Rady Ukrainy, 2004, No. 48, p. 526):

a) To insert the word ‘directly’ after the words ‘the operation of which’ in article 1 subpara 9;

b) to insert the words ‘to individual request’ after the words ‘development of conclusions’ in article 16 para 3.7

c) to give article 19 para 4 the following reading:

“4. Radiofrequency monitoring in public and special RF bandwidth shall be provided on a fee for service basis within at the cost of the State Budget of Ukraine”;

d) in article 24:

to strike the words ‘to the extent it concerns television and sound broadcasting’ from subpara 2;

to replace the word ‘broadcasting’ in the third subparagraph with the words ‘broadcasting channels and networks’;

e) to insert the words ‘broadcasting organizations’ in the second subparagraph of article 30 para 2;

f) to insert the words ‘broadcasting organizations and programming service providers’ after the words radio frequency resource of Ukraine’ in article 31 para 5;

g) in the third subparagraph of article 42 para 7, to insert the words ‘or a copy of the multichannel network operator’s license’ after the words ‘broadcast license’, and replace the words ‘telecommunications systems’ with the words ‘telecommunications networks’;

4) in the Law of Ukraine ‘On licensing certain economic operations’ (The Vidomosti Verkhovnoi Rady Ukrainy, 2000, No. 36, p. 299; 2001, No. 11, p. 45; 2002, No. 1, p. 1, No. 20, p. 134; 2004, No. 12, p. 155; 2005, No. 42, p. 465):

a) to replace the words ‘licensing of broadcasting channels’ with the words ‘licensing of activities in the field of television and sound broadcasting’;

b) to supplement article 4 with the following paragraph:

“Development and implementation of the public policy of licensing of television and sound broadcasting shall be carried out by the National Broadcasting Council of Ukraine”;

5) to supplement article 19 of the Law of Ukraine ‘On cinematography’ (The Vidomosti Verkhovnoi Rady Ukrainy, 1998, No. 22, p. 114; 2003, No. 30, p. 248) with a second paragraph:

“With a view to promotion of cinematography in Ukraine, including such by way of using sponsorship and charity funds, be it established that the total costs of a tax-payer, irrespective of its organizational and legal structure or ownership pattern, shall be deemed to include any amounts or value of assets allocated by such tax-payer as a financial aid in support of production and distribution of domestic films, however to the extent that does not exceed 10 per cent of such tax-payer’s gross revenues for the reporting (fiscal) year”.

In view of above to renumber paras 2-8 to paras 3-9;

6) in the Law of Ukraine ‘On Corporate Tax’ (The Vidomosti Verkhovnoi Rady Ukrainy, 1997, No. 27, p. 181; 1998, No. 10, p. 35; 1999, No. 48, p. 418; 2000, No. 32, p. 254, No. 39, p. 333; 2001, No. 32, p. 169; 2002, No. 2, p. 12, No. 29, p. 192; 2003, No. 12, p. 88, No. 33-34, p. 267; 2004, No. 35, p. 412, No. 52, p. 563; 2005, No. 5, p. 114, Nos. 17-19, p. 267):

a) to insert the following subparas 5.2.18 and 5.2.19 in subpara 5.2:

“5.2.18. The amount of funds or value of assets assigned as financial aid for the purpose of production and distribution of domestic films.

5.2.19. The amount of funds or value of assets assigned for the purpose of acquisition, creation and production of audiovisual works”;

b) to insert the following subparagraph 6 in article 8 para 1.3:

“creation and/or acquisition of audiovisual works”.

5. The Cabinet of Ministers of Ukraine shall ensure that the ministries and other executive authorities of Ukraine bring their regulations in conformity to this Law within three months of this Law entry into force.

The National Council of Ukraine shall bring its regulations in conformity to this Law within three months of this Law entry into force.


Viktor YUSHCHENKO, President of Ukraine

At Kyiv, this 12th day of January 2006.
No. 3317-IV

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