Unofficial translation from Ukrainian into English
Translated by Council of Europe Office in Ukraine
[Law in force as of 26 June 2016]

This Law in accordance with the Constitution of Ukraine and the Law of Ukraine “On Information” governs the activities of television and radio broadcasting in the territory of Ukraine and set forth the legal, economic, social, and organisational terms of their operations, aimed at promotion of freedom speech, the rights of citizens to receive exhaustive, accurate and prompt information and to open and free discussion of social issues.

Chapter I

GENERAL PROVISIONS

Article 1. Definitions

For the purposes of this Law the following definitions shall apply:

“audio-visual information” means any signals that are perceived by the visual and auditory receptors of a human being and identified as messages about events, facts, phenomena, processes, and personal information as well as comments (opinion) in their respect, being transmitted by using pictures and sounds;

“audio-visual work” means any portion of a TV and radio programme which is an object of the copyright, has a certain length, original name and own concept, consists of episodes or integral author’s work united by a common creative concepts and imagery or sounds, and is the result of a common effort of authors, performers and producers;

“audio-visual (electronic) mass media” means an organisation which offers audio-visual information for general reception as transmitted in the form of electric signals and received by means of household electronic devices;

“affiliate” means any legal entity which has substantial participation in a subject of information activity in the sphere of television and radio broadcasting;

“multi-channel network (on-air or cable)” means a telecommunication network of common usage intended for transmission of television and radio programmes, as well as for rendering other telecommunication and multi-media services, capable to provide simultaneous broadcasting of more than one broadcasting programme and may be integrated with other telecommunication networks of common usage;

“house distribution network” means a telecommunication network intended for distribution of television and radio programmes to individual premises (apartments) of a house, which are ones of internal communication lines of a building and does not belong to a multi-channel network;

“own product of the broadcasting organisation” means programmes and broadcasts, their portions, which are entirely or partially produced and/or financed by the broadcasting organisation;

“owner of the subject of information activity in the sphere of television and radio broadcasting” means a natural person or a legal entity that has no natural person to have substantial participation (direct or indirect) in a subject of information activity in the sphere of television and radio broadcasting, except for natural persons substantially participating by order, when there are no other features of indirect ownership. Ultimate beneficiary is an owner of a subject of information activity in the sphere of television and radio broadcasting;

“public television and radio broadcasting organisations” means television and radio broadcasting organisations which, according to the law, are non-profitable organisations established for the purpose of meeting information needs of territorial communities;

“state-run television and radio broadcasting organisations” means television and radio broadcasting organisations which are state-owned enterprises founded by public authorities;

“air-time” means a period of time during which television and radio broadcasting organisation, acting under its broadcast license, transmits (re-transmits) any audio-visual information;

“substantial participation” means direct and/or indirect ownership by a person alone or jointly with other persons of 10 and more percent of share capital and/or voting rights (shares) of a subject of information activity in the sphere of television and radio broadcasting; or ability to exercise a decisive influence over the mentioned organisation regardless of formal ownership. The law treats a person as indirect substantial owner regardless controlling either direct substantial owner or any other person in the corporate rights ownership chain of the mentioned organisation;

“television channel” means a certain strip of frequencies assigned for the requirements of  television and specified in the Plan of Use of Radio Frequency Resource of Ukraine;

“broadcast channel” means a set of technical means of broadcasting (cable, optical, radio communication) intended for distribution of television and/or radio programmes to the territory, which is determined by the parameters of means which provides broadcasting of one television and radio programme in real time;

“broadcast channel of a multi-channel network” means a part of the resource of multi-channel network which provides broadcasting of one television and radio programme in real time;

“ultimate beneficiary” means a natural person, who, regardless of formal ownership is able to exercise a decisive influence over the management or operations of a subject of information activity in the sphere of television and radio broadcasting, directly or through other persons, which is carried out, in particular, through the implementation of the rights of possession or use of all assets or their significant share, rights of decisive influence on personnel, voting results, as well as entering into agreements that provide an opportunity to define the terms of economic activity, provide binding instructions or perform the functions of managing body; or which is able to exercise direct or indirect (through other natural person or legal entity) influence through possession by a person alone or jointly with other natural persons or legal entities of share in a subject of information activity in the sphere of television and radio broadcasting;

“municipal television and radio broadcasting organisation” means a broadcasting organisation lawfully established by local self-government authorities with the participation of a local community, where at least a half of the stocks or shares of share capital are owned by the community;

“tender deposit” means a monetary payment in the amount defined by the National Television and Radio Broadcasting Council of Ukraine, confirming the intention and obligation of a participant of competition on receiving a license;

“control” means possession of more than 50 percent of legal entity’s share capital, except for preferred shares, or possession of more than 50 percent of votes at the highest management body of the legal entity, or ability to exercise a decisive influence over the legal entity management through agreement;   

“corporate rights ownership chain” means information about founders, members, shareholders of a subject of information activity in the sphere of television and radio broadcasting that includes the data on founders, members, shareholders of the first and each next level of corporate rights ownership of the subject of information activity in the sphere of television and radio broadcasting; 

“broadcast license” means an official government document issued by the National Television and Radio Broadcasting Council of Ukraine, certifying the right of the licensee to carry out broadcasting, use broadcast channels, broadcast networks, and multi-channel networks, in accordance with the terms of the license;

“programme service provider license” means an official government document issued by the National Television and Radio Broadcasting Council of Ukraine, certifying the right of the licensee to render programme services using the resource of multi-channel networks;

“licensing requirements” means qualifying, organisational, technical, technological, financial and economic, and special requirements to be met for the purpose of acquiring a broadcast license;

“licensee (license holder)” means a legal entity or a natural person to whom the National Television and Radio Broadcasting Council of Ukraine has issued a license;

“licensing of broadcasting” means 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 within licensing requirements or terms, as well as orders requesting elimination of violations of the legislation on broadcast licensing;

“logotype (trademark, commercial label)” means any combination of marks (words, letters, digits, graphic elements, colours combination), capable of distinguishing air-time of one broadcasting organisation from those of another;

“broadcasting (television and radio broadcasting)” means producing (compilation and/or packaging) and distribution of programmes, programme packages and broadcasts with the use of telecommunication facilities (technical means of telecommunications) for the purpose of public reception by means of household television and radio receivers, either in unscrambled form or for a subscription fee on the contractual basis;

“broadcaster” (television and radio broadcaster) means a business entity, which produces (compiles and/or packages) television or radio programmes and broadcasts, and distributes them in unscrambled or scrambled form with the help of technical means of transmission and re-transmission for direct reception by customers;

“broadcast network” means a set of licensed broadcast channels, telecommunication networks, radio frequencies and satellites used by a broadcaster to distribute television or radio programmes and broadcasts;

“domestic audio-visual product” means programmes, films and audio-visual works produced by Ukrainian natural persons or legal entities;

“multi-channel network operator” means a business entity (natural person or legal entity) providing service and technical maintenance of a multi-channel network according to the Law of Ukraine “On Telecommunications” having no right of rendering a programme (information) service;

“indirect substantial ownership” means possession by a person alone or jointly with other persons of at least one of the following rights and privileges: 

• control over direct substantial owner of television and radio broadcasting organisation;
• control over the group of direct owners of legal entities which are direct substantial owners of television and radio broadcasting organisation;
• right to vote at television and radio broadcasting organisation general shareholders meeting with a share (stock) of 10 percent and more of share (authorized) capital based on any activity not prohibited by law (except for cases of providing the employee of the subject of information activity in the sphere of television and radio broadcasting with the power of attorney including the right to vote of 10 percent and more of the share (authorized) capital, or cases of determination by the subject of information activity in the sphere of television and radio broadcasting in the power of attorney of the general meeting agenda indicating items to be voted for and against);
• persons (group of persons) holding the ability of decisive influence over the management or operations of a subject of information activity in the sphere of television and radio broadcasting or any other persons, mentioned in this definition, regardless of formal ownership;
• control over a group of persons controlling any mentioned in the definition persons;

“programme package” means a list of television and radio broadcasting programmes, which a provider of the programme service offers to subscribers on a contractual basis as a complete information service;

“broadcast (television and radio broadcast)” means logically completed portion of a programme (broadcasting television and radio programme) which has a corresponding name, broadcasting time, the author’s mark (copyright) and can be used regardless of other portions of the programme and is considered a complete information product;

“related party to a subject of information activity in the sphere of television and radio broadcasting” means persons possessing substantial participation in the subject of information activity in the sphere of television and radio broadcasting; heads, affiliated persons of the subject of information activity in the sphere of television and radio broadcasting; persons possessing substantial participation in affiliated persons of the subject of information activity in the sphere of television and radio broadcasting; family members (husband, wife, children and parents, stepmother, stepfather, siblings and their children, husbands and wives) of the subject of information activity in the sphere of television and radio broadcasting owners; legal entities in which persons mentioned above are heads or substantial owners; production studio with whom the subject of information activity in the sphere of television and radio broadcasting has conducted business transaction on total amount of more than 50 million hryvnas (UAH) (excluding VAT) during the calendar year;

“programme service provider” means a business entity which, under a license issued by the National Television and Radio Broadcasting Council of Ukraine, uses multi-channel network resources to provide contractual subscribers with opportunity of viewing programme packages;

“wired network” means a complex of combined in a uniform technological process of constructions and technical facilities, intended for broadcasting of one or several radio programmes in an artificial closed environment (wire);

 “programme (television and radio programme)” means a set of broadcasts (television and radio broadcasts) incorporated by a uniform creative concept, which has a permanent name and is broadcasted by television and radio broadcasting organisation on a certain broadcasting net;

“programme service” means formation of programme packages and providing subscribers with a possibility to review them on a contractual basis;

“programme concept of broadcasting” means a compulsory annex to any broadcast license which determines essential characteristics of broadcasting in accordance with this Law;

“live broadcast” means immediate broadcasting of television or radio programmes without prior recording and editing;

“public company” means a legal entity established in form of open joint-stock company, which shares are listed at stock-markets that meet criteria determined by the National Bank of Ukraine. It is accepted that public company does not have persons with substantial participation, or existing control over the company, and does not have an ultimate beneficiary;  

“re-transmission” means reception and immediate distribution, through any technical means, of full and unchanged television and radio broadcasting programmes or their important portions, broadcasted by a broadcaster;

“programme schedule of broadcasting organisation” means an open non-copyrighted information generated by broadcasting organisations about the broadcasting sequence and duration of television and radio broadcasts over a specified period of time;

“format of broadcasting” means a document containing the list, sequence, names and air time of television and radio programmes and broadcasts and reflecting essential characteristics of the programme concept for a certain period of time;

“system of collective reception” means a complex of equipment allowing a subscription-free reception using household receivers, within a single building, of television or radio programmes, without limitation of choice of the programmes and without the right of their further distribution and receiving of subscriber’s payment;

“social television and radio broadcasting” means broadcasts or programmes of training, education, and reference character, as well as broadcasts for blind and deaf people, people with impaired hearing, as well as environmental awareness programmes and broadcasts;

“ownership structure” means a system of relations between legal entities and natural persons that defines:

• all owners, members, shareholders of the subject of information activity in the sphere of television and radio broadcasting (television and radio broadcasting organisation and programme service provider), including beneficiary owners, if there are no such owners, – all owners, members, shareholders of the subject of information activity in the sphere of television and radio broadcasting and all natural persons and owners, members, shareholders of legal entities at all corporate rights ownership chain of the subject of information activity in the sphere of television and radio broadcasting (except for  public companies);
• all persons possessing direct or indirect substantial participation in the subject of information activity in the sphere of television and radio broadcasting;
• all key members of all legal entities from the corporate rights ownership chain of the subject of information activity in the sphere of television and radio broadcasting;
• controlling relation over the subject of information activity in the sphere of television and radio broadcasting mentioned in Item Two and Three of this Definition;

“subject of information activity in the sphere of television and radio broadcasting” means a legal entity that conducts business activity within the sphere of television and radio broadcasting (television and radio broadcasting organisation and programme service provider etc.);

“public television and radio broadcasting of Ukraine” means an organisational and legal form of non-commercial television and radio broadcasting, which standards of activity are determined by the Law of Ukraine “On the System of Public Television and Radio Broadcasting of Ukraine”;

“production studio (independent producer)” means a business entity which produces (creates) films, advertisement, individual television and/or radio programmes or broadcasts;

“sublease of a broadcast channel” means legally issued or hidden cession of a licensed broadcast channel (time) to another legal entity or natural person, including any regular re-transmission of programmes and broadcasts of other broadcasting organisations which is not covered by the terms of license (programme concept of broadcasting);

“television” means production of audio-visual programmes and broadcasts or compilation (packaging) of acquired of audio-visual programmes and broadcasts and their distribution by any technical means;

“television and radio broadcasting organisation” means a lawfully registered legal entity which, acting under a license issued by the National Television and Radio Broadcasting Council of Ukraine, produces or compiles and/or packages television and radio programmes and/or broadcasts and distributes them by any of broadcasting technical means;

“television and radio journalist” means a regular of freelance creative employee of television and radio broadcasting organisation, who professionally collects, obtains, generates and prepares information for distribution;

“television and radio worker” means a regular of freelance employee of television and radio broadcasting organisation who is professionally and functionally involved in producing and distribution of television and radio programmes and broadcasts;

“broadcasting technical means” means a set of radio-electronic facilities and technical equipment used to deliver programmes and broadcasts to customers;

“broadcasting (television and radio broadcasting)” means initial transfer of unencrypted and encrypted television and radio programmes by terrestrial transmitters over cable or satellites of any type, which are received by population;

“license terms” means the organisational, technological and content-related broadcasting characteristics determined by the broadcast license and its annexes, as well as organisational and technical, financial, and investment commitments of the licensee organisation;

“universal programme service” means mandatory provision on ensuring subscribers with a possibility of viewing programmes package of television and radio broadcasting organisations that carry out authorised terrestrial on-air broadcasting in the service area of a respective multi-channel network, except for cases where subscribers use individual receiving equipments or systems.

Article 2. Scope of the Law

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 as well as of the method of distribution of television and radio programmes and broadcasts intended for mass reception by customers.
2. This Law shall also apply to organisations located outside the country which operate under the laws of foreign states, to the extent that it only regulates the procedure of distribution of their programmes and broadcasts on the territory of Ukraine, unless otherwise is provided by international agreements, consent to be bound by which is given by the Verkhovna Rada (Parliament) of Ukraine.
3. This Law shall not apply to the principles of establishment and operation of technological networks and cable networks of closed type and special purpose, not intended for mass reception of their transfers.

Article 3. The legislation on television and radio broadcasting

1. The legislation of Ukraine on television and radio broadcasting consists of the Constitution of Ukraine, the Law of Ukraine “On information”, this Law, the following laws of Ukraine: “On the System of Public Television and Radio Broadcasting of Ukraine”, “On the National Council of Television and Radio Broadcasting of Ukraine”, “On Telecommunications”, “On Radio Frequency Resource of Ukraine”, and international agreements, consent to be bound by which is given by the Verkhovna Rada of Ukraine.

Article 4. Main principles of the state policy in the sphere of television and radio broadcasting

1. The government shall pursue a policy of protectionism in respect of distribution of domestic programmes and broadcasts.
2. The government shall create conditions, by means of television and radio 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 associations of the subjects of information activities in the sphere of television and radio broadcasting (television and radio broadcasting organisations and programme service providers) forming self-regulating organisations.
4. The government shall not impede direct reception of television and radio 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 the broadcasting organisations by industrial and financial, political and other groups or individuals and guarantee protection to television and radio broadcasting organisations against financial and political pressure on the part of financial political groups, public authorities and 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 radio broadcasting.
7. The government shall by every legal means prevent any regular, purposeful and unreasonable concentration of attention on war, violence and cruelty, inciting of racial, ethnic or religious hostility, or their positive coverage interpretation in information programme and other television and radio broadcasts, as well as promote ideological and political plurality in sphere of audio-visual media.
8. The government shall legislatively define public authorities vested with registration and regulatory functions in sphere of television and radio broadcasting and shall prevent establishing new state bodies with identical or duplicating authorities in respect of audio-visual media, or vest the existing ones with such authorities.
9. Double licensing of one and the same type of activity in sphere of television and radio broadcasting shall be unacceptable.

Article 5. Guarantees of freedom of activity of television and radio broadcasting organisations

1. Censorship of the information activities of television and radio broadcasting organisations shall be prohibited.
2. Television and radio broadcasting organisation shall independently decide on the content of its programmes and broadcasts.
3. No interference of public authorities, local self-government bodies, civil organisations or religious associations, their officials or employees, as well as the owners, in sphere of professional activities of television and radio broadcasting organisations on, any grounds other than provided for by the legislation of Ukraine, shall be admissible.

Article 6. Inadmissibility to abuse the freedom of activity by television and radio broadcasting organisations

1. Television and radio broadcasting organisations shall present in their information blocks (programmes) on the officially position, declared in any way, of all political forces represented in the state bodies.
2. Use of broadcasting organisations for any of the following purposes shall be prohibited:

• distribution of data which constitutes the official secret or any other information protected by the law;
• appealing to the change of the constitutional order of Ukraine by violent means;
• appealing to launching a war or aggressive actions or promote the idea of such;
• unreasonable display of violence;
• propaganda of exclusiveness, disdain or inferiority of persons on the basis of their religious beliefs, ideology, their ethnic affiliation or race, physical state or material status, social origin;
• broadcasting of programmes that provide television viewers of radio listeners with fortunetelling services, as well as traditional and/or alternative paid medical services;   
• broadcasting of programmes or their video portions that may damage the physical, mental or moral development of children and teenagers, where they may watch such;
• broadcasting of television broadcasts produced after 1 August 1991 that popularise aggressor state’s public authorities as well as its actions that justify or legitimise occupation of the Ukrainian territories. Definitions and criteria determined by the Law of Ukraine “On Cinematography” shall apply to implement this rule;
• broadcasting of audio-visual materials (any films, television programmes, except for informational and analytical ones), one of the character of which is the person included in the List of the Persons who Pose a Threat to the National Security, that is published on the web-site of the state central executive body that manages public policy in spheres of culture and arts (the Ministry of Culture of Ukraine). A character of an audio-visual material is considered to be a person who participated in its creation under his/her own name (pseudonym) or as a performer of any role, a performer of a musical work used in such audio-visual material, a scriptwriter and/or texts or dialogs, production director, producer;
• distribution and advertisement of pornographic materials and articles;
• popularization of drugs, psychotropic substances with any purpose of their use;
• distribution of any information which violates legal rights and interests of natural persons or legal entities, or encroaches upon honour and dignity of a person;
• performing any other criminally prosecuted acts.

3. Broadcasting of programmes and broadcasts with interactive contests (games, quizzes), that directly or indirectly foresee paid participation and/or which purpose is that television viewers and radio listeners to win money or another prize contact television and radio broadcasting organisation in any way (make a paid call, send a paid message etc.), shall be prohibited.

The prohibition does not apply for:

• channels with limited access (broadcast channels that restrict free access of subscribers to programmes using encryption);
• broadcasting of lotteries;
• broadcasting of  art contests, sport competitions etc., regardless whether their rules foresee a cash or material prize;
• broadcasting of free-of-charge prize programmes and/or broadcasts with the aim of advertising certain goods, services, trademarks, brands of goods or services, names or spheres of economic activity, commercial programmes for the distribution of cash or material prizes;
• broadcasting of contests (games, quizzes) that envisage free-of-charge participation and cash or material prizes to those demonstrated high knowledge and skills;
• broadcasting of free-of-charge programmes and/or broadcasts for the entertaining, charitable and educational purposes.

4. Use in television and radio programmes and broadcasts of hidden inserts which influence the subconscious and/or damages the health condition of a person shall be prohibited.
5. Data on every programme or broadcast shall contain name of its author(s), the name and address of its producer.
6. The responsibility for the content of programmes and broadcasts bears television and radio broadcasting organisation owner or the author(s) of such programme and/or broadcast.
7. In cases stipulated by the legislation of Ukraine, other persons can bear the responsibility for the content of certain programmes.

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

1. Public policy on television and radio 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 on television and radio broadcasting, direct and co-ordinate the activities of ministries and other executive authorities in this sphere.
3. The central executive body is responsible for ensuring establishment and implementation of the state policy in sphere of television and radio broadcasting.
4. The only public regulator in the sphere of television and radio broadcasting, regardless of the technology used to distribute television and radio programmes and broadcasts, is the National Television and Radio Broadcasting Council of Ukraine (hereinafter referred to as “the National Council”).
5. The legal frameworks of establishment, operation, status, competence, authority, and functions of the National Council, as well as the procedure of their exercise are defined by the Law of Ukraine “On the National Television and Radio Broadcasting Council of Ukraine”.
6. State 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 Council in accordance with the principles, objectives and priorities determined by the laws of Ukraine.
7. The authorities of other state bodies and bodies of local self-government in regard of television and radio broadcasting shall be defined by the broadcasting legislation of Ukraine.

Article 8. Protection of economic competition in the sphere of television and radio broadcasting

1. No provision of this Law or of the legal acts issued in furtherance hereof may be interpreted as restrictions of the law of Ukraine “On Protection of Economic Competition”. In particular, no natural person or legal entity alone and/or jointly with other persons may control in any way, by means of influence on the formation of the governing and/or supervisory bodies of any television and radio broadcasting organisations, more than 35 percent of the total amount of a relevant territorial (national, regional or local) television or radio broadcasting market.
2. Compliance of the subjects of information activities with the legislation on the protection of economic competition and prevention of unfair competition is supervised by the bodies of the Antimonopoly Committee of Ukraine, acting within their authorities.
3. No business entity may hold more than one license for terrestrial on-air broadcasting in any single territorial segment of the television and radio information market, e.g., national (country-wide), regional (individual region or district) and local (locality or a group of localities capable of being treated as a compact territorial unity).
4. Application of dumping rates for advertising and service provision shall be prohibited.
5. The antirust legislation of Ukraine may impose other restrictions concerning economic competition in the sphere of television and radio broadcasting.

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

1. At least 50 percent of the total amount of broadcasting of every television and radio broadcasting organisation must consist of domestic audio-visual product or music of Ukrainian composers or performers.
2. It shall be prohibited to broadcast by the broadcaster of any audio-visual material which contains a denial or justification of the criminal nature of the communist totalitarian regime of 1917-1991 in Ukraine, the criminal nature of the National Socialist (Nazi) totalitarian regime, creates a positive image of people who held leading positions in the communist party, starting from the posts of secretary of a district committee and higher, the higher bodies of power and government of the USSR, Ukrainian SSR, other Soviet republics (except for cases related to the development of Ukrainian science and culture), employees of the Soviet Bodies of State Security, justifies the activities of the Soviet Security Services, justifies the establishment of Soviet rule on the territory of Ukraine in specific administrative-territorial units, justifies the fight against participants of the struggle for Ukraine’s independence in the XX century.
3. Where a tender for issuing a broadcast license is held, the National Council shall be governed by the necessity to provide the citizens with their information needs, to protect public interests and domestic broadcasters, and to develop national television and radio broadcasting capacity. According to the above priorities, in the terms of such tender the National Council specifies appropriate requirements to programme concept of broadcasting.

Article 10. Use of languages in the information activity of the broadcasting organisations

Use of language in the information activity of television and radio broadcasting organisations shall be determined by the Article 24 of the Law of Ukraine “On Principles of the State Language Policy”.  

Chapter II

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

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

1. The structure of national television and radio broadcasting of Ukraine consists of municipal broadcasting organisations, Public Joint-Stock Company “National Public Television and Radio Company of Ukraine” (hereinafter referred to as “the NPTRCU”), State Television and Radio Company “World Service “Ukrainian Television and Radio Broadcasting”, State-Run Enterprise “Parliamentary Radio and Television Channel “RADA”, private (regardless of way of programme distribution), public and other broadcasting organisations founded in accordance with the legislation of Ukraine.

Article 12. Establishment of broadcasting organisations. Constituent and statutory documents’ requirements.

1. Legal entities of Ukraine and citizens of Ukraine possessing full civil capacity have the right to establish television and radio broadcasting organisation as a company of Ukraine (company creation).
2. Establishment of television and radio broadcasting organisation and participation in it shall be prohibited to:

• public authorities and bodies of local self-government, and legal entities founded by them, at the all levels of the corporate rights ownership chain, in cases where the decision on their establishment or provisions on them do not provide for the authority to establish broadcasting organisations;
• legal entities and individual entrepreneurs, registered within offshore jurisdiction, the list of which is approved by the Cabinet of Ministers of Ukraine, as well as stateless persons;
• legal entities and natural persons, residents of the state, recognized as an aggressor state or an occupant, as well as legal entities with legal entities or natural persons shareholders at the all levels of corporate rights ownership chain of television and radio broadcasting organisation and ultimate beneficiary;   
• political parties, trade unions, religious organisations as well as legal entities, which they may have established, at the all levels of corporate rights ownership chain of television and radio broadcasting organisation or programme service provider;
• citizens serving a sentence of imprisonment or those recognized incapable by a court decision.

3. Participation of foreign natural persons or legal entities in share capital of television and radio broadcasting organisations shall be regulated by the Commercial Code of Ukraine.

Establishment and operation of television and radio broadcasting organisation, the founder (co-founders), owner (owners) of which is a non-resident (or are non-residents), registered within offshore jurisdiction, the list of which is approved by the Cabinet of Ministers of Ukraine, shall be prohibited.

4. Ownership structure of the subject of information activity in the sphere of television and radio broadcasting shall be recognized as transparent in case the information, posted on its website and submitted to the National Council, contains data on all direct and indirect substantial owners of the legal entity, or persons with decisive influence over the management or activity of the legal entity, including controlling relations between persons within the corporate rights ownership chain of the legal entity, as well as on ultimate beneficiary.

Information on ownership structure of the subject of information activity in the sphere of television and radio broadcasting shall be posted on its website according to the provision of this Law.

A subject of information activity in the sphere of television and radio broadcasting shall annually submit to the National Council information on its ownership structure in accordance to the procedure and form, determined by the National Council. For non submission or late submission of the mentioned information, as well as providing unreliable data, the sanctions may be imposed by the National Council in accordance with this Law.  

In case of clerical error in ownership structure information submitted to the National Council, the subject of information activity in the sphere of television and radio broadcasting shall rectify it within two weeks.

5. Constituent and/or statutory documents of a company holding a broadcast license or applying for it must provide 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 television and radio broadcasting organisation and the other half, by its the creative personnel.
6. Failure to comply with the requirements set forth in this Article shall provide grounds for exclusion of such television and radio broadcasting organisation from the tender for broadcast license, refusal to issue or to extend the license.

Article 13.State-run television and radio broadcasting organisations

1. The procedures of establishment of state-run broadcasting organisations, appointment of their executive officers, and formation of the governing and supervisory bodies shall be determined by the laws of Ukraine.
2. State-run broadcasting organisations may be established by state bodies within their authorities. The state-run broadcasting organisations shall be considered to be state-run entities.
3. State-run broadcasting organisations shall be governing in their activity by the Constitution of Ukraine and laws of Ukraine, and pursue such principal objectives as are defined by this Law.
4. The principal objectives of the state-run television and radio broadcasting organisations shall be the following:
5. a) prompt informing of television viewers and radio listeners about political and other events in Ukraine and abroad, about emergencies and situations, which may threaten life or health of the population, distribution of official communications, explanations of decisions of the public authorities and institutions of local self-government;
6. b) producing and distribution of economical, publicistic, cultural and educational, medical and hygienic, art, educational, entertaining, sports programmes, as well as programmes for children and youth;
7. c) promotion of international communications of Ukraine and its prestige in the world.
8. Financing of the state-run broadcasting organisations due to means of the State Budget of Ukraine shall be carried out only through the state order by way of and the forms, defined by the legislation of Ukraine.
9. The organisational and legal status of district state-run television and radio broadcasting organisations may only be converted to public television and broadcasting organisations.

Article 15.Public Television and Radio Company

1. The procedure of establishment, the status and activities, as well as the procedure of formation of the governing and supervisory bodies of the NPTRCU shall be defined by the Law of Ukraine “On Public Television and Radio Broadcasting of Ukraine”.
2. The NPTRCU is a television and radio broadcasting organisation that broadcasts on national television channels, national and radio multi-channel broadcasting network and radio channels according to the Law of Ukraine “On Public Television and Radio Broadcasting of Ukraine” and terms of the licenses, issued by the National Council.

Restrictions under Paragraph Three of Article 8 of this Law shall not apply to the NPTRCU. 

Article 16.Municipal television and radio broadcasting organisations

1. Municipal television and radio broadcasting organisations shall be established by territorial communities.
2. A decision on establishment and financing of municipal broadcasting organisation shall be taken by the corresponding body of local self-government.

Article 17. Private television and radio broadcasting organisations

1. Private television and radio broadcasting organisations shall be established by natural persons and/or legal entities, as defined by this Law, the Civil Code of Ukraine, and the Commercial Code of Ukraine.

Article 18. Public television and radio broadcasting organisations

1. Public broadcasting organisations shall be established by natural persons and/or legal entities with the purpose of meeting territorial communities’ information needs according to the procedure defined by this Law, the Civil Code of Ukraine, the Commercial Code of Ukraine, and the Law of Ukraine “On Associations of Citizens”.
2. Public broadcasting organisations may not engage in entrepreneurial activities and may only carry out non-commercial economic activities.
3. Public broadcasting organisations shall have the status of a non-profitable organisation.

Article 19. Financing of television and radio broadcasting organisations

1. The financing sources of broadcasting organisations 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 documents, as well as loans, investments, contributions of the founders, sponsors, and charitable organisations.
2. Any direct public funding of broadcasting organisations by public authorities shall be prohibited. Public funds may be used to pay for information services provided by television and radio broadcasting organisations to public authorities and administrative bodies in accordance with the legislation of Ukraine.
3. Any direct or indirect financing of television and radio broadcasting organisation by political parties, trade unions or religious organisations shall be prohibited.
4. Foreign investments as a source of financing of television and radio broadcasting organisations shall be allowed as provided for by the legislation of Ukraine and Paragraph Three of Article 12 of this Law.
5. Financing of the NPTRCU shall comply with the Law of Ukraine “On Public Television and Radio Broadcasting of Ukraine”.
6. Financing of the foreign broadcasting system of Ukraine shall comply with the Law of Ukraine “On the Foreign Broadcasting System of Ukraine”.

Article 20. Material and technical base of television and radio broadcasting organisation

1. Television and radio broadcasting organisation’s material and technical base required for the production of television and radio programmes and broadcasts and for their transmission to the audience may comprise any broadcasting and distribution technologies certified in Ukraine according to the established procedure.
2. Any television and radio broadcasting technical means developed (acquired, built) at the cost of public investment may be handed over for use to private broadcasting organisations under relevant broadcast licenses and in conformity with the procedure determined by the legislation of Ukraine.
3. Television and radio broadcasting technical means may be owned by broadcasting organisations and used by them for their own broadcasting purposes.

Chapter III

DEVELOPMENT OF NATIONAL TELEVISION AND RADIO INFORMATION SPACE. LICENSING OF BROADCASTING. STATE REGISTRATION OF THE SUBJECTS OF INFORMATION ACTIVITIES IN THE SPHERE OF TELEVISION AND RADIO BROADCASTING

Article 21. National Television and Radio Information Space Development Plan

1. The National Television and Radio Information Space Development Plan (hereinafter referred to as “the Development Plan”) is a regulatory legal act, developed by the National Council and approved by it in a decision made in compliance with this Law. According to the Development Plan, the National Council shall decide on the establishment and development of broadcast channels, broadcast networks, and telecommunications networks which intend to use the radio frequency resource of Ukraine, define the terms and announce tenders for broadcast licenses, define the terms of licenses for broadcasting which is subject to registration procedure.
2. The Development Plan consists of two parts:
3. a) The Plan of the use of the radio frequency resource assigned for television and radio broadcasting;
4. b) basic requirements as to the content and ratio of broadcasting formats in each territorial segment of the television and radio information space.
5. The Development Plan and any amendments to it shall be approved by decision of the National Council in accordance with the procedure defined by the Law of Ukraine “On the National Television and Radio Broadcasting Council of Ukraine”.
6. The Development Plan shall be reviewed at least once a year following the report of the National Council.
7. A Development Plan drafting procedure and amendments to it shall be defined by the National Council.
8. The Development Plan and amendments to it shall be officially promulgated by the National Council within a month of the date of passing the decision.

Article 22. Establishment and development of broadcast channels, networks and telecommunications networks

1. Broadcast channels, broadcast networks and telecommunications networks which use radio frequency resource of Ukraine shall be established and/or territorially changed upon the decision of the National Council according to the Plan of Use of Radio Frequency Resource of Ukraine and the Development Plan.

The National Council order only may define on the possibility and terms of the use of the radio frequency resource of Ukraine.

2. On the basis of the decision on the establishment of a broadcast channel, broadcast network or a multi-channel telecommunications network which intends to use the radio frequency resource of Ukraine, The National Council addresses with an order to develop conclusions concerning the possibility and terms of the radio frequency resource of Ukraine use for broadcasting according to the procedure, determined by the Law of Ukraine “On Radio Frequency Resource of Ukraine”. A tender (tenders) for a broadcast license (or licenses) shall be announced upon the mentioned conclusions delivery.

An order to develop conclusions concerning the possibility to use broadcast channels, broadcast networks and telecommunications network of the NPTRCU shall be addressed upon the decision of the National Council following the NPTRCU’s application, in accordance with the Development Plan.

3. The engineering development of a broadcast channel or broadcast network shall be carried out by television and radio broadcasting organisation holding a broadcast license, or business companies it may have appointed, in compliance with the requirements of the legislation on telecommunication and radio frequency resource of Ukraine.
4. The procedure of engineering development of a multi-channel networks shall be supplied by the operator of multi-channel networks in compliance with the requirements of the legislation on telecommunication and radio frequency resource.
5. The National Council shall facilitate the widest possible coverage of each territorial category by broadcast channels, broadcast networks and telecommunications networks. Expansion of broadcast channels, broadcast networks and telecommunications networks within the limits defined by the broadcast license of the National Council shall be carried out on the basis of the licensee’s application on a competitive basis, in accordance with the Development Plan.
6. Any change of a territorial category of a broadcast channel, or a network, or a telecommunications network shall require additional licensing of broadcasting on this channel, network or multi-channel network according to this Law.
7. Transition 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 technological re-equipment of operational broadcast channels and networks. Changes in the terms of a broadcast license in case of transition from analogue to digital broadcasting concerning any modification of technological parameters, type of broadcasting (i.e. switching to multi-channel broadcasting) and revision of the programming concept shall be subject to the broadcast license renewal procedure determined by this Law.
9. In case 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 multi-channel broadcasting. The existing licensee shall retain the right to broadcast on one of the channels of the new digital multi-channel telecommunications network.
10. The procedure of using of the radio frequency resource for the needs of television and radio broadcasting, ensuring electromagnetic compatibility, allocation and operation of radio electronic broadcasting means shall be determined by the Law of Ukraine “On Radio Frequency Resource of Ukraine”.
11. The funds required for the development of conclusion concerning the possibility and terms of the radio frequency resource of Ukraine use for television and radio broadcasting, necessary for the establishment and development of broadcast channels, broadcast networks and multi-channel 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 broadcast channels, broadcast networks and networks which intend to use the radio frequency resource of Ukraine in each territorial category, including broadcasting based on the use of digital technologies, shall be determined by the National Council.

Article 23. Licensing of broadcasting

1. Licensing of broadcasting shall be made exclusively by the National Council according to the procedure and requirements determined by this Law and the Law of Ukraine “On the National Television and Radio Broadcasting Council of Ukraine”.
2. Licensing of foreign television and radio broadcasting organisations shall be prohibited.
3. According to specific organisational and technological characteristics of programme distribution, the National Council shall issue licenses for the following types of broadcasting:

• satellite;
• on-air;
• cable;
• wire;
• multi-channel.

4. According to the territory of programme distribution, the territorial category of broadcasting, broadcast channel and multi-channel network shall be defined:

• nationwide broadcasting is broadcasting to at least two thirds of the population of every district of Ukraine;
• regional broadcasting is broadcasting to a region (district or several neighbouring districts), not less than a half of districts of Ukraine;
• local broadcasting is broadcasting to one or several neighbouring localities which covers not more than a half of the territory of a district;
• abroad broadcasting is broadcasting to a territory outside the borders of Ukraine.

5. Digital broadcasting which uses the radio frequency resource of Ukraine shall be licensed as multi-channel broadcasting.
6. Issue of broadcast licenses shall be based on a competitive basis (following the results of open tenders) or on a non-competitive basis (according to application principle) in cases stipulated by this Law.
7. The following types of broadcast licenses shall be issued on a competitive basis:

• on-air broadcasting;
• multi-channel broadcasting using the radio frequency resource.

8. The following types of broadcast licenses shall be issued on a non-competitive basis:

• satellite broadcasting;
• cable broadcasting;
• wired network broadcasting;
• on-air broadcasting over a channel of a multi-channel network, as provided under Paragraph Nine of Article 22 of this Law;
• broadcasting of the NPTRCU to extent determined by the Article 5 of the Law of Ukraine “On Public Television and Radio Broadcasting of Ukraine”.

9. A broadcast 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 the license and use broadcast channels, in cases of the owners of radio electronic means hold lawful permits to operate them.

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

1. An applicant, legal entity (company), intending to be issued with a broadcast license (or extent the license), shall submit to the National Council an application of set form for issue (extension) of broadcast license.
2. The application shall contain:

a) data on the founder (co-founders), owner (co-owners) of the applicant and related persons (for legal entities: name, legal address, enterprise code, bank details; for natural persons: last name, name, patronymic name, date of birth, citizenship, address, registration number of the taxpayer registration card or passport series and number for individuals who because of their religious beliefs refuse to accept the registration number of the taxpayer registration card and notified the appropriate regulatory authority thereof and have a special stamp in their passports) and the structure (distribution) of share capital. For a joint-stock company, data on its shareholders owning (at the moment of application) blocks of shares of at least 5 percent, shall also be indicated;

b) data on the personal of the governing and supervisory bodies of the applicant: head of organisation, composition of its board of directors, composition of the supervisory board etc. (for each person: last name, name, patronymic name, date of birth, citizenship, address);

c) applicant’s name, its legal address, enterprise code, bank details, contact phones and other basic data (logo, call sign, emblem, etc.);

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

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

f) procedure of applications consideration, i.e. on a competitive and non-competitive basis, as required under Article 23 of this Law and the decision of the National Council;

g) characteristics of the broadcast channel, broadcast network, or multi-channel network:

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

for satellite broadcasting: data on the parameters of the satellite broadcast channel and the coverage area;

for multi-channel networks and multi-channel broadcasting: the telecommunications operator providing maintenance and operation of the networks, head office’s location, maximum number of channels (resource) of the multi-channel network, its coverage area;

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

i) number of households in target programme distribution area;

3. An applicant filing an application for issue or extension a license shall also provide the following attachments:

• copies of the duly approved constituent and statutory documents of the company;
• a copy of the certificate on its registration as a subject of information activity (if any);
• a tentative staffing table of the applicant;
• the broadcasting programming concept, as required under Article 28 of this Law;
• information on substantial participant and ultimate beneficiaries of the television and radio broadcasting organisation and programme service provider.

The mentioned information shall contain:

for natural persons: last name, name, patronymic name (if any), citizenship, citizen’s of Ukraine passport series and number or foreigner’s ID, residency address, the registration number of the taxpayer registration card (if any);

for legal entities: name, state of residence, enterprise code, legal address;

information on ultimate beneficiary owner (owners) of television and radio broadcasting organisations, including ultimate beneficiary owner (owners) of its founder, if the founder is a legal entity, namely: last name, name, patronymic name (if any), citizenship, citizen’s of Ukraine passport series and number or foreigner’s ID, residency address, the registration number of the taxpayer registration card (if any), data according to declaration on property, income, expenses and financial obligations;

information on the applicant’s ownership structure, its affiliated and related persons of form set by the National Council, that contains exhaustive information on the ownership structure of the subject of information activity in the sphere of television and radio broadcasting.

Documents on foreigners or foreign legal entities issued by foreign country authorities shall be submitted to the National Council with the notarised translation into Ukrainian. Documents issued by foreign country authorities shall be notarized at the location of issuing and shall be legalised according to due procedure, unless other procedure is determined by international agreements, consent to be bound by which is given by the Verkhovna Rada of Ukraine.

The National Council shall ask the applicant to rectify shortcomings of submitted documents by sending a request not later than on the tenth day after receiving the application for issue (extension) of license. To rectify the shortcomings the applicant shall have reasonable time of not less than 14 calendar days after receiving the request. The time may be prolonged by the National Council following submission of the applicant, but not more than for 30 calendar days.  In the mentioned case the time of considering the application shall be suspended, except for cases of consideration based on competitive basis (tender).

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

5. For guaranteeing ensuring observance of antimonopoly restrictions and restrictions of the part of foreign owners in the statutory fund of television and radio broadcasting organisation, the National Council has the following rights:

to additionally request and obtain from television and radio broadcasting organisation the information concerning the distribution of shares in share capitals of legal entities who are its founders or owners and, in particular, its shareholders, as well as legal entities of the ownership structure of the applicant, including copies of agreements and other documents based on which any owner got direct or indirect substantial participation in the legal entity of the applicant, as well as in cases of reasonable doubt on reliability of provided information, following the request of the National Council – copies of documents on financial status of any owner: declaration on financial status and incomes (on the payment of the tax on personal income and on absence of tax liability) (if the declaration was submitted) for the year preceding the year of request of the set form was sent (in case of incomes received in Ukraine) and/or certificate of the authorized state body of the foreigner on incomes and taxpayers’ obligations performance;

to request a conclusion of the Antimonopoly Committee of Ukraine concerning monopolisation or substantial reduction of competition in the information sphere.

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

7. In case of incompleteness of the submitted documents (including non-performance or late performance by the applicant of the request under Item Two Paragraph Five of this Article) or non-compliance with the requirements of this Law, or non-compliance with the requirements on transparency of the applicant’s ownership structure, the National Council shall decide to take no action on the application and to return documents to the applicant (without consideration).

The respective decision of the National Council shall contain the reasons of not taking actions, defined by this Article.

After the elimination of the mentioned shortcomings the applicant may resubmit to the National Council the application within 10 calendar days. In this case the application shall be deemed to be filed the day it was first submitted.

8. Where licensing is held according to application principle (non-competitive basis), an application for a broadcast license shall be considered, and a decision in its respect shall be taken, within one month of its receipt by the National Council, of which decision the applicant shall receive due notification.
9. At holding the tender (competitive basis), consideration of applications for broadcast licenses shall be performed as required under Article 25 and Article 26 of this Law.
10. Consideration of applications for extension of a license shall be performed as required under Article 33 of this Law.
11. The National Council may take no action on application for issue (extension) a license, as provided for under Article 29 of this Law.
12. Upon consideration of an application the National Council shall take a decision either to issue (extend) or refuse to issue (extend) a license, according to the requirements of this Law.

Article 25.Tender on 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 multi-channel networks, shall be based on the results of open tenders (competition).
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 organisation.
3. The National Council shall call a tender for a license, in cases where there are available broadcast channels, broadcast networks, or free air-time on broadcast channels (networks), and also in the following cases:

a) a conclusion has been obtained as to the possibility and terms of use of radio frequency resource of Ukraine allocated for the purposes of television and radio broadcasting;

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

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

d) the license of the winner of the previous tender has not entered into force for his/her failure to pay the license fee within the time specified in accordance with the provisions this Law.

4. The National Council shall take the decision to call a tender and, at least 60 days before the deadline for applications, shall publish an announcement in mass media, the list of which is determined by the National Council.

5. The announcement shall indicate the following:

a) the deadline for filing license applications, including a resubmission upon elimination of the reasons for which the application was set with no action (without consideration), as required under Article 29 of this Law;

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 broadcast channel(s) in a multi-channel 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 broadcast channel or channel(s) of a multi-channel network;

f) maximum amount of the license fee;

g) tender deposit;

h) maximum broadcasting volume;

i) address for filing licensing applications.

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

7. Admission to a tender shall be denied to:

• legal entities whose applications have been set with no action in accordance with Article 29 of this Law;
• legal entities which do not meet the standards set forth in Article 12 of this Law concerning establishment of television and radio broadcasting organisations, foreign natural persons and legal entities share in the equity of share capital of television and radio broadcasting organisation, and constituent and statutory documents of the mentioned broadcasting organisation.

8. The National Council shall take a motivated decision to refuse admission of a legal entity to a tender and notify such of the mentioned decision within 30 days of receipt of the application. The mentioned decision may be appealed in 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 definite term, change the terms of the 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 programme concept of broadcasting;

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

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

While reviewing applications the National Council shall give priority to a broadcasting organisation that:

a) has the best capacity to fulfil 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 freedom of speech;

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

d) is a public television and radio broadcasting organisation;

e) has no violations of the requirements of this Law on disclosure of information on all ultimate beneficiaries, all related persons and ownership structure, within one year before filling the application.

13. Guided by the standards of activity of television and radio broadcasting organisations, as defined by this Law, the National Council may extend the list of criteria, subject to their publication prior to a tender.

14. 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).

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

16. 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 broadcasting characteristics declared by the licensee and its commitments. Upon completion of a tender, the winner broadcasting organisation may undertake additional commitments, which shall be executed as its license terms.

17. The National Council may invite government institutions, non-governmental organisations 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 a cash security deposit to confirm its intentions and commitments with respect to the tender for a license.
2. Tender deposit shall be a prerequisite for participation in a tender. The National Council shall determine by its decision the amount of the tender deposit; it may not exceed 10 percent of the announced maximum rate of the license fee.
3. The cash tender deposit of the winner of a license tender shall be credited to the amount payable by him/her as a license fee. The cash tender 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, provided the payment of the license fee, and shall be the only legal entitlement to broadcasting.
2. The form of a broadcast license shall be defined by the National Council, as required under this Law.
3. A broadcast license shall indicate the following:

a) name of television and radio organisation, its essentials and other basic data (e.g. logotype, call sign, mark, etc.);

b) legal address of the organisation;

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

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

e) periodicity, broadcasting time, volume and format of broadcasting;

g) effective date of the license;

h) validity term of the license.

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

• programming concept of broadcasting;
• organisational and technical, financial, and investment commitments made by the licensee organisation during the tender or during application consideration of its application by the National Council;
• detailed characteristics of the broadcast channel, broadcast network or multi-channel network: frequency (frequencies), transmitter(s) location and power, programme distribution area, head office’s location, maximum number of channels (resource) of the multi-channel network, its coverage area;
• data on the founder (co-founders), owner (co-owners) of the licensee television and radio broadcasting organisation and related persons, stated in the application for broadcast license issue (extension);
• data on the governing and/or supervisory bodies of the licensee television and radio broadcasting organisation: head of the organisation, composition of its board of directors, composition of the supervisory board etc. (for each person: last name, name, patronymic name, date of birth, citizenship, address, registration number of the taxpayer registration card or passport series and number for individuals who because of their religious beliefs refuse to accept the registration number of the taxpayer registration card and notified the appropriate regulatory authority thereof and have a special stamp in their passports).

5. The organisational, technological and content-related characteristics of broadcasting, as well as the organisational and technical, financial, and investment commitments of the licensee, as defined in the broadcast license and annexes 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 determined by this Law, and approved by a decision of the National Council.
7. A licensee must comply with the terms of its license. The National Council 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. Television and radio broadcasting organisation’s programming concept of broadcasting

1. Requirements to television and radio broadcasting organisation’s programming concept of broadcasting shall be established by the National Council in accordance with this Law.
2. Television and radio broadcasting organisation’s programming concept of broadcasting shall specify the following:

• the share of own product;
• the minimum share of domestic audio-visual product;
• the maximum share of foreign audio-visual product;
• the maximum hours of re-transmission and a tentative list (per genres) of programmes and broadcasts which are to be re-transmitted;
• the genre distribution of programmes and broadcasts.

3. The core of television and radio broadcasting organisation’s programming concept must comprise the following programmes:

• analytical newscasts and social publicistic;
• culture and arts;
• popular science and education;
• entertainment.

4. In the period of time between 7 am to 11 pm all licensees (except for satellite broadcasting) shall comply with the following ratio between Ukrainian and foreign programmes:

• programmes produced in Europe must constitute at least 80 percent, including at least 50 percent of Ukrainian programming product;
• in radio programmes, music of Ukrainian composers and performers must in a week constitute at least 50 percent of total broadcasting time.

5. No licensee may distribute programmes prohibited by Paragraph Two of Article 6, nor 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 multi-channel systems.
7. The programming concept of a multi-channel broadcasting shall specify:

• the list of programmes provided in the fixed package, including the licensee’s own product and programmes of other broadcasting organisations ;
• the terms of distribution of each programme (unencrypted or encrypted);
• programming concept for each of the licensee’s own programmes as required under Paragraphs 2 and 3 of this Article.

8. Every licensee shall comply with determined programming concept of broadcasting.
9. Any change to the programming concept shall comply with the procedure established by this Law.

Article 29. Leaving undecided of an application for license

1. An application for a broadcast license shall be left undecided in the following cases:

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

b) submitted application doesn’t not comply with the requirements of Article 24 of this Law;

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

2. The applicant shall be noticed in written on the reasons for the application leaving undecided within seven working days after registration of the application.

3. Once the reasons for which the application had been leaved undecided 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 organisation shall be admitted to the tender.

Article 30. Refusal to grant a broadcast license

1. Where a tender is held for a broadcast license, winning of one applicant shall be grounds for refusal to grant the license to the other participants.
2. Where the National Council considers an application for a broadcast license on the application basis (non-competitive), it may refuse granting the license in the following cases:

a) the applying organisation does not meet the license requirements for the stated type of broadcasting, including requirements of Article 12 of this Law concerning establishment of television and radio broadcasting organisations, foreign natural persons and legal entities share in the equity of share capital of television and radio broadcasting organisation, and constituent and statutory documents of the mentioned broadcasting organisation;

b) information provided in the application, including data on ultimate beneficiaries, is untrue, that is documentary proven;

c) the application has been presented earlier than one year from the date of the decision to revoke the license of the applicant (television and radio broadcasting organisation);

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

e) the ownership structure of television and radio broadcasting organisation and/or its founder (founders) possessing substantial participation is non-transparent according to this Law.

3. The National Council shall take a decision to refuse granting a broadcast license, having considered the application, within five working days after protocolary execution of it; the decision shall be mailed to the applicant in written form, indicating the reasons for refusal.

The decision to refuse granting a broadcast license shall contain the detailed reasons for refusal, indicating definite norms of this Law, determined during consideration the application for issue a license on merits, proved documentary and by relevant evidences.

The lack of information (or its inaccuracy) on of television and radio broadcasting organisation ownership structure and/or information of its ultimate beneficiary owners, if there are no such owners, – all owners and members of television and radio broadcasting organisation and all natural persons and owners and members of the legal entities at all corporate rights ownership chain of television and radio broadcasting company, shall be the reason for refusal granting the broadcast license.

Besides, any defined by this Law privilege of the tender winner is the reason for refusal to grant the broadcast license.

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 broadcast license and of a programme service provider license

1. A license fee shall be paid for the issue and extension of broadcast licenses and programme service provider licenses.

The formula for calculating the rate of the license fee for the issue or extension of broadcast licenses, programme service provider licenses, determination of the amount of fees for the renewal of a broadcast license and issue of a duplicate of a broadcast license, programme service provider license shall be developed and approved by the Cabinet of Ministers of Ukraine.

2. The license fee shall be remitted to the State Budget of Ukraine. The National Council shall determine the procedure of payment of a license fee in accordance with the requirements of this Law. A license fee shall be paid by the licensee within one month of its granting by the National Council.
3. The NPTRCU is exempt from payment of fees for issue, extension and renewal of a broadcast license.
4. Ukraine’s Multimedia Platform for Foreign Broadcasting is exempt from payment of fees for issue, extension and renewal of a broadcast license.

Article 32. Issuing of a broadcast license

1. The National Council of Ukraine shall take a decision to issue a broadcast license at the same time as it identifies the winner of the tender for such license.
2. Where an application for a broadcast license is considered, the National Council shall take a decision to issue or to refuse to issue a license, as required under Article 30 of this Law.
3. A license shall be granted to the applicant on the basis of the National Council’s decision not later than ten days after the license fee payment is made, which shall be confirmed by an appropriate statement of the local office of the Treasury of Ukraine. If the National Council has decided on a different procedure for the payment of the fee, the license shall be issued to the applicant not later than on the thirtieth day of the date the decision issuing day.

Article 33. Extension of a broadcast license

1. Every licensee shall be entitled to extension of its broadcast license.
2. With a view to extending the validity term of a license, an application requesting extension of the license, as required under Article 24 of this Law, must be filed with the National Council not later than 180 days and not earlier than 210 before expiration of the current license. An application for extension of the license filed earlier than 210 days before the expiration of it 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 the 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 taking the decision inform the applicant in written of the results of the consideration. A copy of the decision shall be mailed 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 Paragraph Seven of this Article.
5. While considering and taking its decision on an application for extension of a license, the National Council may not modify the terms of such license, except for the following cases:

•  upon expiration of the license, broadcasting is to change from analogue to digital, as provided under Article 22 of this Law;
• a change of the technical characteristics of broadcasting is necessitated by a relevant modification of the National Radio Frequency Allocation Table of Ukraine and/or the Plan of Use of Radio Frequency Resource of Ukraine;
• the license terms do not meet the legal requirements;
• 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 fee, as required under Article 31 of this Law.
7. The National Council may decide to refuse extension of a license in the following cases only:

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

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

c) the licensee does not meet the requirements of Article 9 or Paragraph Two of Article 12 of this Law.

6. A decision to refuse extension of the broadcast license may be appealed in court within three month of its date.
7. The organisation 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. Issue of a duplicate of a broadcast license

1. In the event of loss or defacement of the license the broadcasting organisation 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 its 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/her a duplicate license.
3. Before a duplicate broadcast license has been issued, the broadcasting organisation 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 it, its validity term and date of issue, shall be transferred to the duplicate without change. The license blank shall be marked with “Duplicate” wording.
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 Three of this Article or Items Five and Six Paragraph Four of Article 27, of this Law, the licensee shall file with the National Council an application for renewal of the broadcast license, in the form set by the National Council.
2. The duly certified copies of documents confirming the necessity to renew the license shall be attached to the application.
3. The reasons for renewal of a broadcast license may be any of the following:

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

b) the intent of the licensee to change organisational or technical characteristics of broadcasting and to make corresponding amendments to the terms of the license;

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

d) the necessity to change the terms of the license in view of changeover to public television and radio broadcasting according to the Law of Ukraine “On Public Television and Radio Broadcasting of Ukraine”.

4. A licensee, where there arise reasons for renewal of the license in view of organisational changes of its status, terms of operation, or change of the founder (co-founders) and/or owner (co-owners) shall be required within ten working days thereof to file with the National Council an application for renewal of the license, enclosing any relevant documents, or their notarised copies, that prove the changes.

5. The National Council shall consider the application and take a decision on renewal of the license within ten working days from the date of receipt of the 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 of this Law.

7. Application for renewal of a license in view of the licensee’s intention to change organisational 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 take 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 take a decision to amend and, accordingly, to renew the license. The programming concept of broadcasting being revised shall be added to the Development Plan.

10. In cases where the licensee’s proposals on revising of the programming concept 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 multi-channel broadcast license. In such case the current licensee shall retain the right to broadcast on one of the channels of the new digital multi-channel network and, also, the right to act as the telecommunications operator of the entire digital multi-channel 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 the licensee pays the fee for renewal of the license, as required under Article 31 of this Law.

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

13. In case of renewal of a license, the National Council shall take a decision on invalidation of the license subject to renewal and enter appropriate amendments in the State Register of Subjects of Information Activities in the Sphere of Television and Radio Broadcasting.

14. In the event of refusal to modify (renew) the license, the licensee shall be required to broadcast in accordance with the valid license.

15. As the renewed license is handed over the earlier license shall be withdrawn.

Article 36. Validity term of a broadcast license

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

• 7 years in cases of on-air and multi-programme broadcasting via multi-channel networks;
• 10 years in cases of satellite, wired and cable broadcasting.

2. Any license shall loss of effect 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 this case the license shall be valid until the National Council takes a decision to extend, or refuse to extend the license as required by this Law.

Article 37. Revocation of a broadcast license

1. A broadcast license may be revoked by the National Council in cases stipulated in this Law.
2. The National Council shall revoke a license based on the following reasons:

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

b) decision to cancel state registration of the licensee;

b) failure by the licensee to pay the license fee within the term provided according to this Law;

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

d) judgement invalidating the broadcast license.

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

4. Within three days of taking its decision to revoke the broadcast license, unless such is appealed, the National Council shall notify of the license revocation the licensee and, also, the relevant telecommunications operators. In the event of appealing the decision of the National Council before the court, the National Council shall inform of the license revocation in written the licensee and the relevant telecommunications operators within three days of the date of validity of the court decision on revoking the license.

5. The National Council may bring action before the court seeking revocation of the broadcast license based on the following reasons:

a) the license has been assigned to a natural person or legal entity other than the licensee with a view to pursuing information activities by it;

b) the application for renewal of the license in view of organisational 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 its activities as provided for by the legislation of Ukraine;

e) the licensee does comply with the requirements set forth in Article 12 of this Law concerning establishment of television and radio broadcasting organisations, foreign natural persons and legal entities share in the equity of share capital of television and radio broadcasting organisation, and constituent and statutory documents of the mentioned broadcasting organisation.

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

Article 38. State registration and maintaining the State Register of Subjects of Information Activities in the Sphere of Television and Radio Broadcasting

1. Business entities holding broadcast license and programme service provider license are subject to the state registration as subjects of information activities (subjects of information activities).
2. Any person not holding a broadcast license may get registered as a subject of information activity upon its own request.
3. Any production studio which does not hold a broadcast license may get registered as a subject of information activity upon its own request.
4. The National Council shall conduct the state registration of business entities as subjects of information activities.
5. State registration of business entities holding broadcast licenses and/or programme service provider licenses, shall be executed by entering amendments onto the State Register of Subjects of Information Activities in the Sphere of Television and Radio Broadcasting within three days of issue of their licenses.
6. State registration of a production studio which does not hold a broadcast license shall be executed based on the application of its head by entering relevant data in the State Register of Subjects of Information Activities in the Sphere of Television and Radio Broadcasting and issuing of a certificate of state registration.
7. The form of such application shall be set by the National Council. An application shall indicate the following registration data:

a) the name of the subject of information activity;

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

c) the programming mission or thematic coverage;

d) legal and postal address;

e) contact phone numbers and e-mail address.

8. The National Council may refuse consideration of an application for entry in the State Register of Subjects of Information Activities in the Sphere of Television and Radio Broadcasting if the application does not comply with the requirements of this Law. Of its refusal the National Council shall inform the applicant, within three days upon receipt of such application, indicating the reasons for the refusal.

9. The National Council shall enter in the State Register of Subjects of Information Activities in the Sphere of Television and Radio Broadcasting within three working days upon receipt of the application and, within one week upon having entered the subject of information activity in the Register, shall issue such organisation a certificate of state registration. The issue of a certificate of state registration shall carry a charge of five times the non-taxable minimum income of citizens, which sum shall be credited to the current account of the National Council.

10. The State Register of Subjects of Information Activities in the Sphere of Television and Radio Broadcasting shall be kept by the National Council. The Register shall contain data on the subjects of information activities which hold broadcast licenses, programme service provider licenses or are registered as subjects of information activities in compliance with the procedure provided by this Law.

11. The following data on the subjects of information activity which hold broadcast license (licenses) and/or programme service provider license (licenses) shall be entered in the State Register of Subjects of Information Activities in the Sphere of Television and Radio Broadcasting:

a) the name of the subject of information activity in the sphere of television and radio broadcasting;

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

c) the programming mission or thematic coverage;

d) the legal and postal address;

e) contact phone numbers and e-mail address;

f) regarding the ultimate beneficiary owner (s);

g) regarding composition of its board of directors, composition of the supervisory board, as required under Article 24 of this Law;

h) the date and number of the decision to issue a broadcast license or programme service provider license;

i) series and number of the license;

j) validity term of the license;

k) for television and radio broadcasting organisation: the type(s) of broadcasting, its volume and broadcasting hours;

l) for television and radio broadcasting organisation: territorial characteristics of broadcasting (nationwide, regional or local, with the specification of districts, regions and localities);

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

n) regarding extension of the license;

o) regarding any sanctions imposed on subject of information activity in the sphere of television and radio broadcasting as provided by this Law;

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

12. The data specified in paragraph 12 of this article shall be entered in the State Register of Subjects of Information Activities in the Sphere of Television and Radio Broadcasting within three working days after the issue (extension, renewal, duplication, revocation) of a broadcast license.

13. Access to the State Register of Subjects of Information Activities in the Sphere of Television and Radio Broadcasting shall be free. The procedure for use of the Register and the fee charged for the delivery of written information on the data contained therein shall be determined by the National Council. The National Council shall post the information entered in the State Register of Subjects of Information Activities in the Sphere of Television and Radio Broadcasting at a web-site, including the form of open data in accordance with the Law of Ukraine “On Access to Public Information”:

Chapter IV

TELEVISION AND RADIO BROADCASTING IN MULTI-CHANNEL NETWORKS. SYSTEMS OF COLLECTIVE RECEPTION. RE-TRANSMISSION.

Article 39. Broadcasting via multi-channel networks

1. Multi-channel networks as telecommunication networks shall be established, registered, maintained and protected in conformity with the requirements of the Law of Ukraine “On Telecommunications”.
2. In order to distribute television and radio programmes in a multi-channel telecommunications network, business entities shall be required to hold an appropriate license from the National Council.
3. The right to distribute television and radio programmes in multi-channel networks shall be held exclusively by:

a) television and radio broadcasting organisations which have been licensed to broadcast with the use of multi-channel network in conformity with the requirements of Article 23 of this Law;

b) business entities to which the National Council has issued license of programme service providers.

4. Television and radio broadcasting organisations shall broadcast with the use of the multi-channel telecommunications network in conformity with their broadcast licenses and the contracts with the multi-channel network operator.

5. Programme service providers shall use multi-channel network on the grounds of their programme service provider’s licenses and the appropriate contracts with the multi-channel network operator.

6. A multi-channel network operator may provide programme services on its own, when it has been granted with the programme service provider license.

7. Provision of a programming service to a subscriber shall be carried out based on a contract between the subscriber and the licensee, according to the legislation in force. Such a contract must specify the following:

• the type of a programme package provided (universal programme service, standard package or individual customer 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 separate 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 Seven of this Article.
9. A provider must provide to all its subscribers the capability to receive programmes of the universal programme service and include such programmes in all programme packages.

A provider shall not be required to conclude contracts with corresponding television and radio broadcasting organisations in order to distributing of programmes of a universal programme service.

10. A programme service provider may commence its operation as soon as it is granted with a license and the contents of the universal programme package (packages) is (are) approved by the National Council.
11. A programme service provider shall independently establish the rate of subscription 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 subscription fee charged for the use of any universal service.
12. In case of non-compliance of the provider with the requirements of the legislation, the National Council shall impose on it sanctions specified in this Law.

Article 40. Licensing programme service providers

1. With a view to launching operation of programming service providing a business entity (provider or telecommunications operator or cable network operator) must obtain a license (permit) from the National Council.
2. Licensing of cable television and radio broadcasting shall be based on an application principle (by way of registration). A license shall be issued with no tender upon application for a term of 10 years.
3. An application for a programme service provider’s license shall be filed in compliance with the provisions of Article 24 of this Law. The following documents shall be attached to the application:

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

b) the documentary proof of purchase and the right on distribution (re-transmission) of another broadcaster’s programmes;

c) data on the applicant’s ownership structure indicating all ultimate beneficiary owners of the applicant and related persons (for each person: last name, name, patronymic name, date of birth, citizenship, address).

In case of absence of beneficiary owners of the programme service provider, the mentioned information shall be filled in on all owners and members of programme service provider and all natural persons and owners and members of legal entities at the all levels of programme service provider corporate rights ownership chain.

Data on the applicant’s ownership structure shall contain information on all natural persons possessing the share of more than 10 percent in the applicant’s share capital, as well as on all legal entities which connect the applicant with all its ultimate beneficiary owners (for each person: last name, name, patronymic name, date of birth, citizenship, address).

4. The general concept (principles, reasons) of selecting programmes for re-transmission (offered to subscribers) shall constitute a mandatory attachment to the programme service provider license. The mentioned 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 programme service provider 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 take a decision:

a) to issue a programme service provider license;

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

7. A programme service provider 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 related rights.

8. The rights provided under a programme service provider license may not be assigned to another natural person or legal entity.

9. Programme service provider is obliged to:

a) annually, before 31 March, publish on web-site and submit to the National Council report for the proceeding (reporting) year that indicates:

• data on any kind of changes in ownership structure for the reporting year;data on all ultimate beneficiary owners of the applicant and related persons (for each person: last name, name, patronymic name, date of birth, citizenship, address);
• data on persons which during the reporting year have financed the programme service provider (via credits, loans, financial assistance etc.), if the total amount of financing from one person during the reporting year was 125 and more times the minimum wage;

b) to post on its official web-site information on ownership structure.

Article 41. Systems of collective reception

1. Television and/or radio broadcasts’ systems of collective reception shall be established to enable customers’ good quality reception with household receivers of television and/or radio programmes distributed in the coverage area of such collective reception system.
2. Systems of collective reception shall not be defined as multi-channel networks. Operators of such systems shall not be subject to licensing by the National Council. Distribution of programmes to customers by means of a collective reception system shall not require registration of a subject of information activity.
3. A collective reception system may operate within a multi-channel network only with the consent of the house owners, executed in a contract, to same and to the package of additional services of the multi-channel 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.
2. A business entity within 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 programme service provider license.
4. The maximum volume of re-transmission and tentative list (per genre) of programmes and broadcasts intended for re-transmission shall be determined by the programming concept of broadcasting as required by this Law.
5. Programme service providers shall carry out re-transmission of television and radio programmes and broadcasts in multi-channel networks in compliance with the list of television and radio programmes and broadcasts proposed for provision in the programming service.

Chapter V

ORGANISATION OF TELEVISION AND RADIO BROADCASTING

Article 43. Commencement of broadcasting

1. An organisation 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 technical means (facilities), or the operator of it, shall not entitle to use such facilities organisations which hold no license or hold invalid license.
3. Distribution of television and radio programmes 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 broadcast channel to other organisations.
6. The head of television and radio broadcasting organisation or his/her authorised person shall permit releasing of television and radio broadcasts or programmes and be personally liable for their contents and quality.

Article 44. Broadcast centres

1. Broadcasting organisations may establish, in accordance with the procedure established in the laws of Ukraine, their broadcast centres inside and outside Ukraine.
2. A broadcast centre shall be a structural division (branch office) of the broadcasting organisation, established for the purpose of providing information support to such broadcasting organisation.
3. Broadcast centres may not independently broadcast or insert information or advertising on the broadcasting organisation’s broadcast channel.

Article 46. Basic identification data

1. Every broadcasting organisation must announce its basic identification data (name, call sign, logotype, emblem etc.).
2. When broadcasting (re-transmitting) radio programmes, every broadcasting organisation shall identify itself by transmitting a call sign on air at least every hour.
3. During air-time, every broadcasting organisation shall use its logotype or other identification information.

Article 47. The right to use programmes or broadcasts of other television and radio broadcasting organisations

1. Programmes or broadcasts of other broadcasting organisations may only be used in accordance with the Law of Ukraine “On Copyright and Related Rights”.
2. While broadcasting foreign television and radio companies’ programmes over multi-channel networks, any modifications of that are prohibited, except for cases, defined either in the agreements with the audio-visual products copyrights holders or in the legislation of Ukraine.

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

1. Every licensed television and radio broadcasting organisation shall be under the obligation to keep a register 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 register shall record the following information:

• the date and time of the broadcast;
• name and theme of the broadcast;
• last names of authors and anchors of the broadcast;
• the language of the broadcast.

3. The broadcasting organisation shall keep the register of broadcasts for one year from the date of the last entry.
4. All broadcasts which a television and radio broadcasting organisation 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. If 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 defined 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 organisations 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, as well as, 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. Television and radio broadcasting organisations, regardless of their ownership structure, shall be under the obligation to distribute communications on emergencies. The right to use for this purpose television and radio broadcasting shall be granted to public authorities 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 organisations, on request of the President of Ukraine, 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 organisations 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 councils’ deputies on the issues pertaining to their official activity, as made in television and radio programmes broadcast the jurisdiction of the relevant local council, shall be so broadcast on the terms agreed upon with the local television and radio broadcasting organisations.

Article 50. Activity of television and radio broadcasting organisations during electoral process

1. The specific features of activity of television and radio broadcasting organisations during electoral process shall be regulated by the legislation on elections.

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 activity may be established for audio-visual mass 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 license (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 television and radio broadcasting organisation and the head of 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. Participation of sponsors in creating television and radio programmes shall be governed by the Law of Ukraine “On Advertising”.

Article 55. Announcement of broadcasts

1. Announcements of broadcasts shall be information intended for television viewers and radio listeners that shall comply with the requirements of the Article 59 of this Law.
2. Announcements of broadcasts shall be transmitted in accordance with the Law of Ukraine “On Advertising”.

Article 55-1. Features of distribution of programmes and broadcast with paid interactive contests (games, quizzes) on the channels with limited access

1. Broadcasting of programmes and broadcasts with paid interactive contests (games, quizzes) are allowed with constant on-screening warnings about the number of calls and chances to connect with the studio. The mentioned programmes of broadcasts shall have warnings that participation in these contests are paid (costs money). Each warning should take not less than 20 percent of the screen. The colour of text of the warning should be bright and high contrast, and its size shall be not less than the size of telephone number mentioned to be called to.
2. The rules of paid interactive contests broadcasted on the channels with limited access, shall contain prohibition of minors’ participation in the mentioned contests.
3. Information about paid participation and other conditions for participation in interactive contest (game, quizzes) if execution of the terms may cause proprietary damage to television viewers or radio listeners, shall be announced every five minutes during broadcasting of the programme and/or broadcast.

Chapter VI

RIGHTS AND DUTIES OF TELEVISION AND RADIO BROADCASTING ORGANISATIONS AND THEIR EMPLOYEES

Article 56. The rights of television and radio broadcasting organisations

1. Television and radio broadcasting organisations and their workers (employees) shall have the right to obtain any information necessary for the pursuit of their statutory activity, in the order stipulated by the legislation of Ukraine, from the public authorities and, enterprises, institutions and organisations regardless of their ownership structure.

Article 57.Editorial charter of a broadcasting organisation

1. The editorial charter of a broadcasting organisation shall set the standards of generation and dissemination of information.
2. The editorial charter shall be subject to approval of the owner of television and radio broadcasting organisation or his/her authorised agency.
3. The owner of television and radio broadcasting organisation may not interfere with the creative work of the broadcasting organisation otherwise as by making amendments to the editorial charter of the broadcasting organisation.
4. The editorial charter of a broadcasting organisation shall specify the following:

• basic requirements as respects safeguarding that the information disseminated by the broadcasting organisation is accurate, unbiased, impartial and balanced;
• the confidentiality requirements;
• requirements regarding dissemination of information about violence;
• requirements regarding dissemination of information about criminal offences;
• requirements regarding dissemination of information about different groups of people (ethnic and sexual minorities; religious groups, the ill people and people with disabilities);
• requirements regarding protection of children against negative effects of information disseminated by television and radio broadcasting organisation;
• requirements regarding verification of information received from third parties;
• requirements concerning copyright and related rights during the dissemination of information;
• special rules regarding dissemination of information on political parties and politicians both during and outside the electoral process;
• requirements regarding advertising and sponsorship;
• provisions to prevent embedded advertising and acquisition by creative personnel of broadcasting organisations 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 organisation.

5. The editorial charter of a broadcasting organisation shall provide for the establishment of the editorial board a half of which is appointed by the owner of television and radio broadcasting organisation or its authorised agency, and the other half, elected by the creative personnel of television and radio broadcasting organisation. The editorial board of a broadcasting organisation shall be required:

• to control compliance of the television and radio journalists with the editorial charter;
• to control observance of the rights of television and radio journalists, fulfilment of the requirement on prohibition of censorship and interference with the creative activities of the broadcasting organisation;
• to propose that the management of the broadcasting organisation consider dismissal from management position in such broadcasting organisation or its division those officials who have violated the editorial charter 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 organisation, to order official inquiry and to dismiss such officials in accordance with the law if the alleged violations are confirmed.

6. The editorial charters of television and radio broadcasting organisation must be made public. A copy of the editorial charter shall be sent to the National Council within seven days of its approval or amendment.

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

1. The creative team of a broadcasting organisation shall comprise television and radio journalists.
2. An organisation’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 organisation.
3. A meeting of the creative team of a broadcasting organisation shall elect a half of the editorial board of the broadcasting organisation. A television or radio journalist shall have the following rights:

a) to attend any meeting of the creative team of the broadcasting organisation and fill in motions for its consideration;

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

c) to report to the editorial board of the broadcasting organisation any cases of violations of the rights of television and radio journalists, provisions as respects prohibition of censorship and interference with the creative activities of the organisation, and breaches of the editorial charter of the organisation.

Article 59. The duties of television and radio broadcasting organisations

1. Television and radio broadcasting organisation shall be obliged:

a) to comply with the legislation of Ukraine and the terms of the license;

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

c) to disseminate unbiased information;

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

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

f) to inform 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/her name would not be disclosed;

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

k) to not disclose any information about private life of a citizen without his/her 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 inaccurate, defamatory etc.;
m) to post on its official web-site information on ownership structure according to the form, established by the National Council.

2. Television and radio broadcasting organisation shall be obliged to annually, before 31 March, submit to the National Council report for the proceeding (reporting) year on its ownership structure that shall indicate:

• data on ownership structure as of 31 December of the reporting year;
• data on any kind of changes in ownership structure during the reporting year;
• data on all persons which possess or were possessing during the reporting period direct or indirect substantial participation indicating basis of such ownership (date of conclusion of agreements or other jural facts), including data on persons acting on behalf upon warrants, as well as information on related persons (for each person: last name, name, patronymic name, date of birth, citizenship, address).

Reporting form, its preparation procedure and procedure of its consideration shall be approved by the National Council.

Article 60. The duties of the creative personnel of television and radio broadcasting organisation

1. A member of the creative personnel of television and radio broadcasting organisation shall be obliged:
a) to adhere to the programming concept of the broadcasting organisation and be followed by its charter;

b) to verify the reliability of obtained information;

c) to prevent dissemination of such information as is stipulated by Paragraph Two of Article 6 of this Law;

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

e) to comply with other requirements arising from this Law, the charter of the broadcasting organisation and, also, the terms of the contract of employment between broadcasting organisation and an employee.

2. The duties stipulated by Paragraph One of this Article shall also apply to freelance creative workers of television and radio broadcasting organisation.

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

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

Chapter 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 programmes of broadcasting organisations, which are accessible for reception in the territory of Ukraine;
• to be informed of the broadcast schedule;
• to address broadcasting organisations, their founders, the National Council and the State Committee for Television and Radio Broadcasting of Ukraine with their comments and proposals concerning the contents and technical quality of programmes and broadcasts, and to have their responses, in writing or directly in broadcasts;
• to refute as provided by law any information in their respect disseminated by television and radio broadcasting organisation.

Article 62. Protection of public morals and the rights of minors and youth

1. Broadcasting organisations and programme 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 organisations shall be prohibited to neither distribute nor announce programmes and broadcasts which damage physical, intellectual and spiritual development of minors and youth, excepting daily intervals from 11 pm to 6 am and broadcasted on channels with limited access.

Such programmes or broadcasts must have a special warning, be appropriately labelled in the schedule of programmes of television and radio broadcasting organisations and specifically identified immediately before their broadcasting.

3. In their programmes and broadcasts, television and radio broadcasting organisations 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. Inadmissibility of distortion of information

1. The interviewee or the person who has provided information to television and radio broadcasting organisation shall have the right to demand in writing that he/she should preview, or listen in to, the ready material before its broadcasting.
2. Disputes as respects inadequacy or incompleteness of information distributed in broadcasts specified in Paragraph One of this Article shall be settled in court.

Article 64. Right of refutation

1. Any citizen or legal entity shall have the right to demand that television and radio broadcasting organisation refute any information distributed in its programme or broadcast which is not true and/or is degrading to honour and dignity of a person.
2. The same right shall be enjoyed by official representatives of a citizen if the citizen is unable to demand such refutation.
3. A written complaint with the demand to refute may be lodged with television and radio broadcasting organisation within 14 days from the date of distribution of such information, of which a written notice should be submitted to the National Council.
4. The broadcasting organisation shall be obliged to consider such application within seven day of its receipt, unless otherwise provided for by the legislation of Ukraine.
5. The broadcasting organisation shall be under the obligation, if so requested by the applicant, to afford him/her free-of-charge an opportunity to listen in to (preview) the relevant portion of the programme or broadcast or to provide a paid copy of it.
6. If television and radio broadcasting organisation lacks sufficient evidence that the information which it has distributed is true, it shall be obliged to promptly refute the information.
7. The refutation must be distributed by the same television and radio broadcasting organisation and in the same programme or broadcast, as the information which is not true, or at such other time as may agreed upon with the a person whose rights were violated.
8. The refutation must indicate which information is not true, and also when and in which programme or broadcast it was distributed by the broadcasting organisation.
9. If a citizen or legal entity has submitted the text of refutation, it shall be subject to distribution if it complies with the requirements of this Law. Reductions or other changes in the text of the refutation submitted by the complainant shall only be made with his/her consent.
10. Where a broadcasting organisation is under the obligation to distribute the text of a refutation, it must, if so requested by the citizen or a representative of the legal entity, grant him/her an opportunity to present such text and broadcast it in record.
11. The broadcasting organisation must notify the complainant on the tentative time of distribution of such refutation or text.
12. Television and radio broadcasting organisation must promptly notify the complainant of its refusal to publish a refutation.
13. In the event that a refutation is ordered by a court decision, the text of the refutation shall be distributed by the broadcasting organisation in a way set down in this Law.
14. Television and radio broadcasting organisation may refuse a person to refute information disseminated if the request for refutation has been made in breach of the requirements of this Law.

Article 65. Right of reply

1. A citizen or legal entity in whose respect television and radio broadcasting organisation has distributed in its programme or broadcast any information which is not true or violates any rights or legitimate interests of such person, shall be entitled to a reply (commentary or own interpretation of the facts) in a programme or broadcast of such broadcasting organisation, regardless whether any request for refutation have been lodged or not.
2. The procedure of filing a request claiming the right to reply (commentary or own interpretation of the facts) shall be governed by Article 64 of this Law.

Article 66. Compensation for pain and suffering

1. Pain and suffering shall be compensated in conformity with the Civil Code of Ukraine.

Article 67. Release from liability for dissemination of information which is not true

1. Television and radio broadcasting organisations and their personnel shall not be liable for dissemination of any information which is not true in the following cases:

a) such information was part of an official communication or was received in writing from a public authority or body of local self-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 local council, or a candidate for a mayor;

c) such information was part a statement, made by a person other than broadcasting organisation’s personnel and was disseminated without prior recording;

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

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

Chapter VIII

INTERNATIONAL COOPERATION IN THE SPHERE OF TELEVISION AND RADIO BROADCASTING

Article 68. International cooperation of television and radio broadcasting organisations

1. Television and radio broadcasting organisations 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.

Chapter IX

LIABILITY FOR VIOLATION OF LEGISLATION ON TELEVISION AND RADIO BROADCASTING

Article 70. Control and supervision of observance of the legislation by television and radio broadcasting organisations and programme service providers

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

• the legislation of Ukraine on television and radio broadcasting;
• the Law of Ukraine “On Advertising” as respects sponsorship and distribution of advertising on television and radio;
• the legislation on protection of public morals;
• the legislation on cinematography as respects the quotas of domestic films screening and on distribution and screening by television and radio broadcasters of works, which distribution or screening is prohibited under the legislation on cinematography;
• the legislation on elections.

2. The Antimonopoly Committee of Ukraine shall control observance of the legislation on protection of economic competition.
3. The National Commission, which performs state regulation in the sphere of communication and informatization shall exercise, as provided for by law, public supervision of the use of radio frequency resource for the purposes of television and radio broadcasting, activities of telecommunications operators and monitor the technical characteristics of distribution of audio-visual information.
4. Controlling observance of the legislation on copyright and related rights shall be conducted in the order, defined by the Law.
5. Control and supervision over other legal requirements shall be exercised by other public authorities within their competence.
6. Where there is a violation of the legislation by television and radio broadcasting organisation or programme service provider, the authorised agency shall impose sanction on the violator or refer the matter to the National Council as required by law.
7. If the National Council detects a violation by television and radio broadcasting organisation of the legislation on cinematography as respects the quotas of domestic films screening and on distribution and screening by television and radio broadcasters of works, which distribution or screening is prohibited under the legislation on cinematography, the National Council shall draw up an act and submit it to the central executive body which performs state regulation in the sphere of cinematography for taking actions under the legislation.

Article 71. Liability for violation of the legislation on television and radio broadcasting

1. Television and radio broadcasting organisations, programme service providers, their heads and employees, other business 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 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 imposed 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 television and radio broadcasting organisations, petitions of such public authorities as are defined by this Law.

Article 72. Sanctions for violation of the legislation on television and radio broadcasting

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 impose sanctions on the broadcasting organisations found to have violated the requirements of this Law or those of their license.
3. The National Council shall impose sanctions on the programme service providers found to have violated the requirements of this Law.
4. In the event that the broadcasting legislation has been violated by other legal entities 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 imposing sanctions on the documentary evidence, audit reports or petitions of public authorities specified by this Law.
6. The National Council may impose the following sanctions on television and radio broadcasting organisations and programme service providers:

• admonition;
• fine;
• initiation of the broadcast license revocation in court.

7. A decision to admonish shall be made where the broadcasting organisation 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 following cases:

• the violations were not eliminated after admonition;
• television and radio broadcasting organisation has been admonished on at least three occasions since the date of issue (extension) of its license;
• the programme 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 passed 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.

For non submission or late submission of the information, determined by Paragraph Two of Article 59 (for television and radio broadcasting organisation) and Paragraph Nine of Article 40 (for programming services provider) of this Law, television and radio broadcasting organisation or programming services provider shall pay the fine in the amount of 5 percent of the total amount of all licenses’ fees which the violator holds in accordance with the Article 31 of this Law.

11. A decision on imposing of a fine may be appealed in court.
12. If the violations have not been eliminated after an admonition and imposing of a fine, the National Council brings the matter before the court, seeking revocation of the broadcast license of television and radio broadcasting organisation or cancellation of state registration of the programme 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 television and radio broadcasting organisation or programme 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 defined by this Law and the Law of Ukraine “On the National Television and Radio 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 study the case file, present arguments, provide evidences and submit petitions. During consideration of the matter the licensee may use legal assistance.

Article 74. Decision taking by the National Council upon consideration of a violation of the legislation of Ukraine and the terms of the license by television and broadcasting organisation 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 take one of the following decisions:

a) to find a violation and impose 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 mailed or handed over to the licensee within ten days of its date.

Article 75. Execution of a decision on imposing sanctions

1. A decision of the National Council on imposing a sanction shall be handed over 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 fine within thirty days from the date of receipt of the decision. Every day of the delay shall carry a penalty of one percent of the amount of the fine. In the event of refusal to pay the fine, it shall be charged by the court decision.
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 payment order) within five days of the date of payment.

Chapter 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 organisations that were broadcasting before its entry into force in the districts (including the Autonomous Republic of Crimea) comprising at least two thirds of the population of Ukraine shall acquire the same status as the nationwide broadcasters.

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

4. [AMENDMENTS TO THE LEGISLATION]
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 Television and Radio Broadcasting Council of Ukraine shall bring its regulatory legal acts in conformity to this Law within three months of this Law entry into force.

President of Ukraine                                                                                              L. KRAVCHUK

City of Kyiv, 21 December 1993

No. 3759-XII