LAW
OF UKRAINE
On
Television and Radio Broadcasting
This
Law shall, in accordance with the Constitution of Ukraine and the Law
of Ukraine ‘On Information’, govern the activities of TV and radio
broadcasting organisations in the territory of Ukraine and set forth
the legal, economic, social, and organisational terms of their
operations, aimed at promotion of free speech, the rights of citizens
to receive exhaustive, reliable and up-to-date information and to
open and free discussion of social issues.
Section
I. GENERAL PROVISIONS
Article
1. Definitions
For
the purposes of this Law-
‘audio-visual
information’ means any signals that are perceived by the auditory
and visual receptors of a human being and identified as messages
about events, facts, developments, phenomena, processes, and
knowledge about persons and, also, comments (opinion) in their
respect, which are published by means of images and sounds;
‘audiovisual
article’ means any portion of a TV/radio programme which has a
certain duration, original title and distinctive concept, comprises
episodes or complete original products united by a common creative
concepts, imagery and sounds, and is the result of a common effort of
authors, performers and producers.
‘audio-visual
(electronic) mass media’ means an organisation which offers
audiovisual information for general reception as transmitted in the
form of electric signals and received by means of consumer electronic
devices;
‘multichannel
(on-air/ cable) network’ means a public telecommunication network
intended for transmission of TV/radio programmes and also provision
of other telecommunication and multimedia services, capable of
simultaneous transmission of several TV/ radio programmes;
‘house
distribution network’ means a telecommunication network intended
for distribution of TV and radio programmes to individual premises
(quarters) of a house, which is part of internal communication lines
of a building and does not belong to a multichannel network;
‘local
product’ means programmes and broadcasts or parts thereof, which
have been, wholly or partially, created and/or financed by a given
broadcasting organisation;
‘broadcasting
organisation owner’ means a physical or legal person that have
acquired ownership in a broadcasting organisation or a stake in the
statutory fund thereof, by way of establishment or in any other
lawful way;
‘public
telecommunications organisations’ means broadcasting organisations
which the law treats as non-for-profit institutions established for
the purpose of meeting information needs of territorial communities;
‘state-run
broadcasting organisations’ means broadcasting organisations which
are public enterprises founded by public authorities;
‘air-time’
means a period of time during which a broadcasting organisation,
acting under its broadcasting license, transmits (re-transmits) any
audiovisual information.
(as of 11.01.2011)
‘television
channel’ means a bandwidth assigned for television and specified in
the Ukrainian Bandwidth Resource Usage Schedule.
‘broadcast
channel’ means the totality of broadcasting facilities (cable,
optical, wireless) intended for transmission of TV and/or radio
programmes to such area as is determined by the parameters of such
facilities, which allow real-time transmission of not more than one
TV/radio programme;
‘multiple
network channel’ means a segment of a multichannel system
television network, allowing real-time broadcasting of one TV/radio
programme;
‘community
broadcasting 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
stock or shares of statutory fund are owned by the community;
‘tender
deposit’ means a cash contribution in the amount defined by the
National Broadcasting Council of Ukraine, confirming the intention
and commitment of a participant bidding for a license;
‘broadcast
license’ means an official government deed issued by the National
Broadcasting Council of Ukraine, certifying the right of the
license-holder to carry out broadcasting, use broadcasting channels
and/or networks, and, also multichannel networks, in accordance with
the terms of such license;
‘programme
service provider’s license’ means an official government deed
issued by the National Broadcasting Council of Ukraine, certifying
the right of the license-holder to provide programme service with the
use of multichannel network bandwidth;
‘licensing
requirements’ means the qualifying, organisational, technical,
technological, financial and economic, as well as the special
requirements to be met for the purpose of acquiring a broadcast
license;
‘licensee
(license holder)’ means a physical or legal person to whom the
National Broadcasting Council of Ukraine has issued a relevant
license;
‘broadcast
licensing’ means the issue, extension, renewal, revocation or
amendment of broadcast licenses, issue of duplicate broadcast
licenses, keeping of licensing files and registers, supervision over
licensees’ compliance with the licensing requirements and terms,
issue of orders requesting elimination of violations in the area of
licensing requirements or terms, as well as orders requesting
elimination of violations of the broadcast licensing legislation;
‘logotype
(trademark, commercial label)’ means any combination of marks
(words, digits, imagery or colours), capable of distinguishingair-timeof one broadcasting organisation from those of another; (as
of 11.01.2011)
‘broadcasting
(TV/radio broadcasting)’ means production (consolidation and/or
packaging) and distribution of programmes, programme packages and
broadcasts with the use telecommunication facilities for the purpose
of public reception by means of domestic television sets or radio
receivers, either in an unscrambled form or for a subscription fee on
the contractual basis;
‘broadcaster’
means a business, which creates (consolidates and/or packages)
television or radio programmes and broadcasts and distributes same in
an unscrambled or scrambled form with the help of technical means by
way of transmission, re-transmission for direct reception by
customers;
‘broadcast
network’ means a totality of licensed broadcasting channels,
telecommunication networks frequencies and satellites used by a
broadcaster to distribute TV or radio programmes and broadcasts;
‘domestic
audio-visual product’ means programmes, films and audiovisual
articles produced by Ukrainian physical or legal persons.
‘multichannel
network operator’ means a business (legal or physical person)
providing service and technical maintenance of a multichannel network
pursuant to the Law of Ukraine ‘On Telecommunications’ without the
right to provide programme (information) service;
‘programme
package’ means a list of TV and radio programmes offered on a
contractual basis to subscribers by a programming service provider;
‘broadcast
(TV/radio broadcast)’ means a portion of a television or radio
programme, complete in terms of content, with its corresponding
title, volume of broadcasting and copyright, which can be
independently of other portions of the programme and is regarded as
an integral information product;
‘programming
service provider’ means a business which, under a license issued by
the National Broadcasting Council of Ukraine, uses multichannel
network resources to provide contractual subscribers with viewable
programme services;
‘wired
radio network’ means a system of structures and technical
facilities integrated in a technological process, which is designed
to transmit one or several radio programmes over an artificial closed
medium (wire);
‘programme
(TV/radio programme)’ means a totality of broadcasts
(TV/radiobroadcasts) united by a single creative idea, under an
unvarying title, transmitted by a broadcasting organisation according
to a certain programme schedule;
‘programming
service’ means formation of programme packages and providing
subscribers with a possibility to review such on a contractual basis;
‘programming
philosophy’ means a mandatory rider to a broadcasting license
whereby essential characteristics of broadcasting are determined in
accordance with this Law;
‘live
broadcast’ means direct distribution of TV or radio broadcasts
without prior recording and editing;
‘re-transmission’
means reception and immediate distribution, through any technical
means, of programmes and/or broadcasts (or considerable portions
thereof) transmitted by a broadcaster;
‘programme
schedule’ means free non-copyrighted information generated by
broadcasting organisations, about the broadcasting sequence and
duration of TV and radio broadcasts over a specified period of time;
‘broadcast
format’ means a document containing the list, sequence, titles and
air time of TV and/or radio programmes and broadcasts and reflecting
essential characteristics of the programming philosophy for a
specific period;
‘community
antenna system’ means a system of equipment allowing a
subscription-free reception using domestic receivers, within a single
building, of TV and/or radio programmes, without limitation of choice
of the programmes and without the right of further distribution of
same;
‘social
broadcasting’ means broadcasts or programmes providing education,
instruction and reference as well as broadcasts for people with
impaired hearing or sight, as well as environmental awareness
programmes and broadcasts;
‘subject
of information activity’ means any of the legal persons doing
business in the area of television and radio broadcasting(TV/radio
broadcasters, programming service providers etc);
‘public
service broadcasting’ means an organisational and legal form of
non-commercial television and radio broadcasting, its standards of
activity determined by the Law of Ukraine ‘On Public Broadcasting
System of Ukraine’;
(Omitted as of 18.03.2008: ‘sponsorship’
means participation of a physical or legal person in financing,
directly or indirectly, programmes with a view to promoting his name,
brand, trademark or personal image;)
‘production
studio (independent producer)’ means a physical or legal person
which creates (produces, originates) films, advertising, individual
TV or radio programmes or broadcasts;
‘channel
sublease’ means formalised or covert cession of a licensed
broadcasting channel (time) to another corporation or individual,
including any regular re-transmission of programmes and broadcasts of
other broadcasting organisations which is not covered by the terms of
license (programming philosophy);
‘television’
means production of audiovisual programmes or broadcasts or
consolidation (packaging) thereof and their distribution by any
technical means;
‘broadcasting
organisation’ means a lawfully registered corporation which, acting
under a license issued by the National Broadcasting Council of
Ukraine, creates or consolidates and/or packages TV and radio
programmes and/or broadcasts and distributes same by any of
broadcasting technologies;
‘TV/radio
journalist’ means a full-time or part-time member of a broadcasting
organisation’s production personnel who professionally collects,
obtains, generates and edits information for dissemination;
‘member
of TV/radio personnel’ means a full-time or part-time employee of a
broadcasting organisation who is professionally and functionally
involved in creation and distribution of TV/radio programmes and
broadcasts;
‘broadcasting
technologies’ means a totality of radio electronic means and
equipment used to deliver programmes and broadcasts to consumers;
‘transmission’
means original distribution of unencrypted and encrypted TV and radio
programmes by terrestrial transmitters over cable or satellites,
intended for reception by general public;
‘license
terms’ means the organisational, technological and content-related
broadcasting characteristics determined by the broadcasting license
and schedules thereto, as well as organisational and technical,
financial, and investment commitments of the licensee organisation.
‘versatile
programming service’ means mandatory provision of subscribers with
a possibility to review a package comprising programmes of
broadcasting organisations that carry out authorised terrestrial
on-air broadcasting in the service area of a respective multichannel
network, except where subscribers use individual receiving equipment
or systems.
Article
2. Scope
1.
This Law shall apply to any relations between subjects of television
and radio broadcasting activities, regardless of their ownership
structure, purpose of establishment, type of statutory activity or
method of distribution of TV and radio programmes and broadcasts
intended for reception by general public.
2.
Unless otherwise is provided by regularly ratified international
agreements, this Law shall also apply to organisations located
outside the country which operate under the laws of foreign states,
however, to the extent that it regulates the procedure of
distribution of their programmes and broadcasts in the territory of
Ukraine.
3.
This Law shall not apply to such relations as govern the principles
of establishment and operation of closed circuit and special-purpose
TV and radio systems whose broadcasts are not intended for general
reception.
Article
3. Broadcasting
legislation
1.
The broadcasting legislation of Ukraine shall consist of the
Constitution of Ukraine, the Law of Ukraine ‘On information’, this
Law, the Laws ‘On public service broadcasting’, ‘On the National
Broadcasting Council of Ukraine’, ‘On Telecommunications’, On
Radio-Frequency Resource’ the regularly ratified international
agreements.
Article
4. Main
premises of public policy in the area of broadcasting
1.
The government shall carry out the policy of protectionism in respect
of distribution of domestic programmes and broadcasts.
2.
The government shall create conditions, by means of television and
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 the process whereby the subjects of
information activities in the area of broadcasting (broadcasting
organisations and programming service providers) form self-regulating
organisations.
4.
The government shall not impede direct reception of television and
radio programmesand broadcasts emitted from other countries in a
minority language or a regional language similar to it.
5.
The government shall use effective constraints to prevent
monopolisation of broadcasting organisations by industrial and
financial, political and other groups or individuals and guarantee
protection to broadcasting organisations against financial and
political pressure on the part of financial political groups, public
authorities and bodies of local self-government.
6.
The government shall guarantee the exercise of the rights to
information, to free and public discussion of the matters of public
concern with the use of television and radio broadcasting.
7.
The government shall by every legal means prevent any regular,
single-minded and unreasonable concentration of attention on or
positive portrayal (treatment) of war, violence and cruelty, inciting
of racial, ethnic or religious hostility in newscasts and other
television and radio broadcasts and promote ideological and political
plurality in the domain of audio-visual media.
8.
The government shall define in the legislation public authorities
vested with registration and regulatory functions in the area of
television and radio broadcasting and shall not establish new with
identical or overlapping powers in respect of audio-visual media, or
vest the existing ones with such powers.
9.
Double licensing of one and the same type of activity in the area of
television and radio broadcasting is unacceptable.
Article
5. Freedom of
operation of broadcasting organisations
1.
Censorship of the information activities of broadcasting
organisations shall be prohibited.
2.
A broadcasting organisation shall independently decide on the content
of its programmes and broadcasts.
3.
No interference of public authorities, local self-government bodies,
organisations, civil or religious associations, of their officials or
employees, as well as that the owners, with professional activities
of broadcasting organisations on any grounds other than provided for
by the legislation of Ukraine shall be admissible.
Article
6. No abuse of
freedom by broadcasting organisations
1.
Broadcasting organisations shall be under obligation to present in
their news programmes information on the position, stated officially
in any way, of all political forces represented in the government.
2.
It shall be prohibited to use broadcasting organisations for any of
the following purposes:
–
to publish any information which constitutes an official secret or
any other information protected in law;
–
to appeal for violent upheaval of the constitutional government of
Ukraine;
–
to agitate for launching a war or aggressive actions or promote the
idea of such;
–
to portray without reason any violence;
–
to promote the idea of exclusivity, superiority or inferiority of
persons on the grounds of their religious beliefs, ideology, national
or ethnic affiliation, physical or material status or social origin;
–
to broadcast such programmes or fragments thereof that may damage the
physical, mental or moral development of children and teenagers,
where they may watch such;
–
to distribute and advertise obscene matter and articles;
–
to promote narcotic or psychotropic substances for any purpose of
their use;
–
to publish any information which violates legal rights and interests
of natural or legal persons, or encroaches upon honour and dignity of
a person;
–
to perform any other acts which are subject to criminal prosecution.
3.
It shall be prohibited to use in programmes and broadcasts any
surreptitious devices with subliminal effects and/or damaging to
human health.
4.
The credentials of every single programme or broadcast should
indicate the name of its author(s) and the name and location of its
producer.
The
responsibility for the content of programmes and broadcasts shall
rest with the broadcasting organisation owner or the author(s) of
such programme and/or broadcast.
Where
so provided for by the legislation of Ukraine, the responsibility for
the content of certain programmes may be borne by third parties.
Article
7. Public
administration and regulation in the domain of television and radio
broadcasting
1.
Public policy in relation to television and 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 provisionfor the implementation of the public policy in relation to television
and radio broadcasting, direct
and
co-ordinate the activities of ministries and other (omitted:
central) executive
authorities in this sector. (as
of 7.10.2010)
3.
The only public regulator in the sector of broadcasting, irrespective
of the technology used to distribute programmes and broadcasts, shall
be the National Broadcasting Council of Ukraine – a special standing
constitutional independent public authority.
4.
The legal principles pertaining to the formation, operation, status,
competence, powers, and functions of the National Council, as well as
the procedure of their exercise shall be defined in the Law of
Ukraine ‘On the National Broadcasting Council of Ukraine’.
5.
Government regulation of the national television and radio
information space shall conform to the National Television And Radio
Information Space Development Plan, which is drafted and approved by
the National Broadcasting Council of Ukraine in accordance with the
principles, objectives and priorities laid down by the laws of
Ukraine.
6.
The powers of other public authorities and bodies of local
self-government in regard of broadcasting shall be defined by the
broadcasting legislation of Ukraine.
Article
8. Protection
of economic competition in television and radio broadcasting
1.
No provision of this Law or of the legal acts issued in furtherance
hereof may be interpreted to prejudice the law of Ukraine ‘On
Protection of Economic Competition’. In particular, no individual
or corporation may control in any way, by means of influence on the
formation of the governing and/or supervisory bodies of any
broadcasting organisations, more than 35 % of the total amount of a
corresponding geographical (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 shall be supervised by the bodies of the
Antitrust Committee of Ukraine, acting within their authority
3.
No business may hold more than one license for terrestrial on-air
broadcasting in any single geographical segment of the television and
radio information market, e.g., national (country-wide), regional
(individual region or oblast) and local (individual locality or a
group of localities capable of being treated as a compact territorial
entity).
4.
It shall be prohibited to apply dumping rates for advertising and
service provision.
5.
The antirust legislation of Ukraine may impose other restrictions
concerning economic competition in the area of television and radio
broadcasting.
Article 9. Protection of
interests of the state and domestic television and radio production
1.
At least 50 % of the total amount of broadcasting of every
broadcasting organisation must consist of domestic audiovisual
product or music of Ukrainian composers or performers.
2.
Where a tender for broadcasting license is held, the National
Broadcasting Council shall be governed by the necessity to provide
for the information needs of citizens, to protect public interests
and domestic broadcasters, and to develop national TV and radio
broadcasting capacity. In the terms of such tender it specifies,
proceeding from the above priorities, appropriate requirements to
programming philosophy.
Article
10. Use of languages in the informational activity of broadcasting
organisations
1.
Broadcasting organisations shall broadcast in the state language.
2.
Broadcasting to specific regions may also proceed in the languages of
ethnic minorities residing in such region as distinct communities.
3.
In the event that the original language (or that of dubbing) of a
film and/or other programme (broadcast) is not Ukrainian, showing of
such films and/or programmes (broadcasts) shall be conditional upon
their dubbing into the state language.
4.
For nationwide broadcasting, the share of air-time when broadcasting
is carried out in the Ukrainian language may not be less than 75 % of
the total daily broadcasting time.
5.
Broadcasting to a foreign audience shall be carried out in Ukrainian
and the corresponding foreign language.
6.
The language (languages) of a broadcasting organisation’s programmes
and broadcasts shall be defined in its broadcasting license terms.
With
a view to the operation of multichannel television networks, the
above rules apply to re-transmission of programmes and broadcasts of
businesses licensed by the National Broadcasting Council of Ukraine.
Section
II. STRUCTURE OF NATIONAL TELEVISION AND RADIO BROADCASTING.
ESTABLISHMENT, REGISTRATION, FINANCING AND MATERIAL BASE OF
BROADCASTING ORGANISATIONS
Article
11. Structure
of national television and radio broadcasting of Ukraine
1.
The structure of national television and radio broadcasting of
Ukraine shall consist of state and community broadcasting
organisations, the system of Public Service Broadcasting of Ukraine,
private broadcasting organisations, irrespective of the programme
distribution medium, public and other broadcasting organisations
founded in accordance with the effective legislation of Ukraine.
Article
12. Establishment
of broadcasting organisations
1.
The right to establish broadcasting organisations as businesses in
Ukraine shall be vested in legal persons of Ukraine and the citizens
of Ukraine who have full civil capacity.
2.
Broadcasting organisations in Ukraine may not be established by –
–
public authorities and bodies of local self-government where the
decision on their establishment or their Provisions do not provide
for the power to found broadcasting organisations;
–
corporations whose constituent instruments do not provide for a
possibility of founding broadcasting organisations;
–
foreign legal and natural persons nor by persons without citizenship;
–
political parties, trade union or religious organisations as well as
by the legal persons which they may have established;
–
citizens serving a sentence in confinement or found incapable by a
court of law.
3.
Interest of foreign physical and/or legal persons in statutory funds
of broadcasting organisations shall be regulated by the Economic Code
of Ukraine.
Constituent
instruments and/or bylaws of a business which holds or applies for a
broadcasting licence must provide for the establishment of a special
supervisory body (editorial board etc.) in the structure of its
governing bodies, a half of its composition being appointed by the
founders or owners of such broadcasting organisation and the other
half, by its the creative personnel.
5.
Failure to comply with the requirements set forth in this article
shall provide grounds for exclusion of such broadcasting organisation
from the tender for broadcasting licence, refusal to issue or to
extend such licence.
Article
13. State-run
broadcasting organisations
1.
The procedure of establishment of state broadcasting organisations,
that of appointment of their executive officers, governing and
supervisory bodies shall be laid down by laws of Ukraine.
2.
State-run broadcasting organisations may be established by public
authorities within their functions and terms of reference. The state
broadcasting organisations shall be government enterprises.
3.
State broadcasting organisations shall be guided in their activity by
the Constitution and statutes of Ukraine and pursue such principal
goals as are defined by this Law.
4.
The principal goals of the state-run broadcasting organisations shall
be as follows:
a)
to bring to their audiences up-to-date information on political and
other developments in Ukraine and abroad and on emergencies which may
threaten life or health of the public; to distribute official
communications; to explain decisions of public authorities and bodies
of local self-government;
b)
to create and distribute economic, public affairs, cultural and
educational, health education, art, instructional, entertainment and
sports programmes, and also programmes for children and youth;
c)
to promote international relations of Ukraine and its prestige in the
world.
5.
Public funding of state-run broadcasting organisations may only
effected by way of government orders, in conformity to the procedure
and forms provided for by the legislation of Ukraine.
6.
The organisational and legal status of oblast state-run broadcasting
organisations may only converted to public broadcasting
organisations.
Article
14. The National Television Company of Ukraine and the National Radio
Company of Ukraine
1.
The National Television Company of Ukraine (NTKU) and the National
Radio Company of Ukraine (NRKU) shall be state broadcasting
organisations.
2.
The National Television Broadcasting Company of Ukraine and the
National Radio Company of Ukraine shall have Public Boards, each made
up of 17 persons.
The
personal composition of the NTKU’s and NRKU’s Public Boards shall
be approved by the Verkhovna Rada of Ukraine upon nomination of 9
persons by deputy factions (groups) of the Verkhovna Rada of Ukraine,
4 persons, by the President of Ukraine, and 4 persons, by national
associations of citizens involved in the domain of TV/radio programme
creation and distribution.
The
status of NTKU and NRKU Public Boards shall be determined by the
charters of such broadcasting organisations.
3.
Chief executives of the National Television Company of Ukraine and of
the National Radio Company of Ukraine shall be appointed to and
dismissed from their positions by the President of Ukraine on
proposal of the Verkhovna Rada of Ukraine. The candidate for the
position of the head of NTKU (NRKU) shall be nominated and introduced
to the Verkhovna Rada of Ukraine by the Public Board of NTKU (NRKU).
A proposal to dismiss the head of NTKU (NTRU), with appropriate
reasoning, shall be developed and introduced to the Verkhovna Rada of
Ukraine by the Public Board of NTKU (NRKU).
4.
The National Television Company of Ukraine and the National Radio
Company of Ukraine shall have their charters which are subject to
adoption by a Law of Ukraine.
5.
The National Television Company of Ukraine and the National Radio
Company of Ukraine shall be registered with the corresponding
territorial authorities, have their seals and be deemed subjects of
economic and information activities.
6.
The organisational and legal status of the National Television
Company of Ukraine and that of the National Radio Company of Ukraine
may only be changed to the status of Public Service Television and
Radio Broadcasting.
Article
15. Public
service broadcasting organisation
1.
The procedure of establishment, the status and activities, as well as
the procedure of making the governing and supervisory bodies of the
Public Service Broadcasting of Ukraine shall be defined by the Law of
Ukraine ‘On public service broadcasting system of Ukraine’.
Article
16. Community
broadcasting organisations
1.
Community television and radio broadcasting organisations shall be
created by territorial communities.
2.
A decision to establish and finance a community broadcasting
organisation shall be taken by the competent body of local
self-government.
Article
17. Private
broadcasting organisations
1.
Private broadcasting organisations shall be established by physical
and/or legal persons, as defined by this Law, the Civil Code of
Ukraine, and the Economic Code of Ukraine.
Article
18. Public broadcasting organisations
1.
Public broadcasting organisations shall be established by physical
and/or legal persons with a view to meeting information needs of
territorial communities, as defined by this Law, the Civil Code of
Ukraine, the Economic Code of Ukraine, and the Law of Ukraine ‘On
associations of citizens’.
2.
Public broadcasting organisations may not engage in entrepreneurial
activities and may only perform non-commercial economic activities.
3.
Public broadcasting organisations shall have a non-for-profit status.
Article 19. Financing of
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
instruments, 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 broadcasting organisations to public
authorities and administrative bodies in accordance with the
legislation of Ukraine.
3.
Any direct or indirect financing of such by political parties, trade
unions or religious organizations shall be prohibited.
4.
Foreign investments as a source of financing of broadcasting
organisations shall be allowed only as provided for by the
legislation of Ukraine and article 12 para 3 of this Law.
5.
Financing of the system of Public Service Television and Radio
broadcasting shall comply with the Law of Ukraine ‘On public service
broadcasting of Ukraine’.
Article
20. Material
base of broadcasting organisation.
1.
The broadcasting organisation’s material base required for the
production of television and radio programmes and broadcasts and for
their delivery to the audience may comprise any broadcasting and
distribution technologies certified in Ukraine according to the
effective procedure.
2.
Any television and radio broadcasting technologies 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 technologies may be owned by
broadcasting organisations and used by them for their own
broadcasting purposes.
Section
III. DEVELOPMENT OF NATIONAL TELEVISION AND RADIO INFORMATION SPACE.
LICENSING OF BROADCASTING. PUBLIC REGISTRATION OF SUBJECTS OF
INFORMATION ACTIVITIES IN THE AREA OF TELEVISION AND RADIO
BROADCASTING
Article
21. National
television and radio information space development plan
1.
The National Television And Radio Information Space Development Plan
(“the Development Plan”) shall be a regulatory instrument to be
developed by the National Council and approved by it in a decision
made in compliance with this Law. Proceeding from the Development
Plan, the National Council shall decide on the creation and
development of broadcasting channels, broadcasting networks, and
television networks which intend to use the radio-frequency bandwidth
of Ukraine, define the terms and announce tenders for broadcasting
licences, define the terms of licences for broadcasting which is
subject to registration procedure.
2.
The Development Plan consists of two parts:
a) The Plan of
utilisation of the radio-frequency bandwidth allocated for TV and
radio broadcasting;
b)
basic requirements as to the content and ratio of broadcasting
formats in each territorial segment of the television and radio
information space.
3.
The Development Plan and any changes thereto shall be subject to
decision of the National Council in conformity to the procedure laid
down by the Law of Ukraine “On the National Broadcasting Council
of Ukraine”.
4.
The Development Plan shall be reviewed at least once every year
following the report of the National Council.
5.
The procedure of drafting a Development Plan and changes thereto
shall be defined by the National Council.
6.
The Development Plan and changes thereto shall be officially
promulgated by the National Council within a month of the date of the
relevant decision.
Article
22. Creation
and development of broadcasting channels, networks and television
networks
1.
Subject to a decision of the National Council, broadcasting channels,
broadcasting networks and television networks where they intend to
use the radio-frequency bandwidth of Ukraine shall be created and/or
changed in terms of service area in accordance with the Plan of Use
of the Radiofrequency Bandwidth of Ukraine and the Development Plan.
2.
On the basis of the decision to create a broadcasting channel,
broadcasting network or a multichannel television network which
intends to use the radio-frequency bandwidth of Ukraine, The National
Council addresses the bodies of radio-frequency planning with a
proposal to draft an opinion concerning electromagnetic compatibility
of radio-electronic means of broadcasting pursuant to the provisions
of the Law of Ukraine “On the radio-frequency bandwidth of
Ukraine” and, upon delivery of such opinion, announces a tender
(tenders) for a broadcasting license (or licenses).
3.
The engineering development of a broadcasting channel or broadcasting
network shall be carried out by the broadcasting organisation which
has been issued a broadcasting license or such economic subjects as
it may have appointed, in compliance with the requirements of the
legislation on telecommunication and radio-frequency bandwidth of
Ukraine.
4.
The procedure of engineering development of a multichannel television
network is established by the operator of multichannel television
networks in compliance with the requirements of the legislation on
telecommunication and radio-frequency bandwidth.
5.
The National Council shall facilitate the widest possible coverage of
each territorial category by broadcasting channels, networks and
television networks. Expansion of broadcasting channels, networks and
television networks within the limits defined by the broadcasting
license of the National Council shall be carried out on the basis of
the licensee’s application on a competitive basis and in accordance
with the Development Plan.
6.
Any change of a territorial category of a broadcasting channel or
network or that of a television network shall require that
broadcasting on such broadcasting channel or network or on the
corresponding channels of a multichannel television network be
licensed repeatedly in accordance with the requirements of this Law.
7.
Migration from analogue to digital broadcasting shall be carried out
in accordance with the Development Plan.
8.
The National Council shall promote the introduction of digital
broadcasting and corresponding technological re-equipment of
operational broadcasting channels and networks. Changes in the terms
of a broadcasting license in the case of migration from with analogue
to digital broadcasting where they concern any modification of
technological parameters, type of broadcasting (i.e. switching to
multichannel broadcasting) and revision of the programming concept
shall be subject to the broadcasting licence renewal procedure
provided hereunder.
9.
In the event that the licensee fails to submit an application for
renewal of the license to the National Council within two months of
the date when the channel or network is ready for introduction of
digital broadcasting, the National Council shall announce a tender
for a license for multichannel broadcasting; the existing licensee
retaining the right to broadcast on one of the channels of the new
digital multichannel television network.
10.
The procedure of utilisation of the radio-frequency bandwidth for the
needs of television and radio broadcasting, electromagnetic
compatibility, allocation and operation of radio-electronic
broadcasting means shall be determined by the Law of Ukraine “On
the radio-frequency bandwidth of Ukraine”.
11.
The funds required for the development of an opinion concerning
electromagnetic compatibility of radio-electronic means of
broadcasting necessary for the creation and development of
broadcasting channels, broadcasting networks and multichannel
television networks stipulated by the Development Plan shall be
provided in the State Budget of Ukraine as a separate line of
expenditure of the National Council.
12.
The number of broadcasting channels, broadcasting networks and
television networks which intend to use the radio-frequency bandwidth
of Ukraine in each territorial category, including broadcasting based
on the use of digital technologies, shall be determined by the
National Council.
13.
Opinion concerning the feasibility and terms of use of the
radio-frequency bandwidth of Ukraine by broadcasting organisations
shall be prepared by the lawfully authorised bodies of
radio-frequency planning only upon request of the National Council.
Article
23. Licensing
of broadcasting
1.
Licensing of broadcasting shall be a prerogative of the National
Broadcasting Council of Ukraine and be executed as prescribed and
required by this Law and the Law of Ukraine ‘On the National
Broadcasting Council of Ukraine’.
2.
Licensing of foreign broadcasting organisations shall be prohibited.
3.
Subject to specific organisational and technological characteristics
of programme distribution, the National Council shall issue licenses
for the following types of broadcasting:
–
satellite broadcasting;
–
on-air broadcasting;
–
cable broadcasting;
–
wire broadcasting;
–
multichannel broadcasting;
4.
The geographical category of broadcasting and the geographical
category of a broadcasting channel or a multichannel network are
defined subject to the programme distribution area:
–
nationwide broadcasting is broadcasting to at least two thirds of the
population of every oblast of Ukraine;
–
regional broadcasting is broadcasting to a region (oblast or several
neighbouring oblasts), however, less than a half of oblasts;
–
local broadcasting is broadcasting to one or several neighbouring
localities which covers not more than a half of the territory of an
oblast;
–
overseas broadcasting is broadcasting to a territory outside the
borders of Ukraine;
5.
Digital broadcasting which utilises the radio-frequency bandwidth of
Ukraine shall be licensed as multichannel broadcasting.
6.
Broadcasting shall be licensed on a competitive basis (proceeding
from the results of open tenders) or, where so provided herein, on a
non-competitive basis (hors concourse).
7.
The following types of broadcasting shall be licensed on a
competitive basis:
–
on-air broadcasting
–
multichannel broadcasting utilising the radio frequency bandwidth;
8.
Hors concourse procedure shall apply to licensing of-
–
satellite broadcasting;
–
cable broadcasting;
–
wired network broadcasting;
–
on-air broadcasting over a channel of a multichannel television
network, as provided under article 22 para 9 of this Law.
9.
A broadcasting license issued by the National Council shall be the
only sufficient document entitling the licensee to pursue
broadcasting activities in accordance with the terms of such license
and use broadcasting channels, provided that the owners of radio
electronic means have lawful permits to operate such.
Article
24. Application for (extension of) a broadcast license
1.
An entity (business) intending to procure a broadcasting license (or
have same extended) shall file an application for issue (extension)
of a license with the National Council.
2.
The application must indicate-
a) information
regarding the founder(s) and owner(s) of the broadcasting
organisation (for corporations: name, legal address, bank details;
for individuals: full name, date of birth, nationality, address) and
the structure of authorised fund; for a joint-stock company, also, a
full list of its shareholders owning blocks of shares of at least 5
%;
b) information
regarding the personal composition of the governing and supervisory
bodies of the broadcasting organisation: head of organisation,
composition of its board of directors, composition of the supervisory
board, etc. (for each person, his full name, date of birth,
citizenship, address);
c)
name of organization, its legal address, bank details, contact phones
and other basic data (logo, call sign, emblem, etc.);
d)
b) type of broadcasting, as required under Article 23 of this Law;
e)
targeted programme distribution area, as required under Article 23 of
this Law;
f)
requested procedure of consideration, i.e. tender for license or hors
concourse consideration as required under Article 23 of this Law and
the decision of the National Council;
g)
characteristics of the broadcasting channel, broadcast network, or
multichannel network:
for
terrestrial on-air and network, broadcasting: the frequency
(frequencies), transmitter (transmitters) location and power, and the
coverage area;
–
for satellite broadcasting: information regarding the parameters of
the satellite broadcasting channel and footprint;
–
for multichannel network and facility dispersion: the telecom
operator providing maintenance and operation of the network, head-end
location maximum number of channels (resource) of such multichannel
network, location (service area) of the multichannel network;
h)
periodicity, hours, volume and format of broadcasting;
i) language
(languages) in which the broadcasts are to be carried out;
c) number of
households in target distribution area;
3.
A broadcasting organisation filing an application for a license or
extension of one shall also provide the following attachments:
–
copies of the duly approved constituent instruments/bylaws of such
broadcasting organisation;
–
a copy of the certificate on its registration in the capacity of a
subject of information activity (if any);
–
a tentative list of staff of the broadcasting organisation;
–
the programming policy statement, as required under Article 28 of
this Law.
4.
In the case of an extensive broadcasting network, or a significant
number of transmitters, or other basic information, the broadcasting
organisation shall submit them under separate cover as an attachment
to its application.
5.
With a view to ensuring observance of antimonopoly restrictions laid
down in the law and the restrictions concerning the share of foreign
owners in the authorised capital of broadcasting organisations, the
National Council shall have the right.
–
to additionally request and obtain from any broadcasting organisation
the information concerning the distribution of shares in the
authorised capital of the legal persons who are its founders or
owners and, in particular, its shareholders;
–
to request an opinion of the Antitrust Committee of Ukraine
concerning potential monopolisation or substantial reduction of
competition in the information domain.
6.
No one may require any other documents for the purposes of issuing
(extending) of a license.
7.
Where licensing is executed hors concourse on the basis of an
application, an application for a broadcast license shall be
considered, and a decision in its respect made, within one month of
its receipt by the National Council, of which decision the applicant
shall receive due notification.
8.
In the event of tender, consideration of applications for
broadcasting licenses shall be performed as required under articles
25 and 26 of this Law.
9.
Consideration of applications for extension of a license shall be
performed as required under Article 33 of this Law.
10.
The National Council may set aside an application for (extension of)
a license, as provided for under Article 29 of this Law.
11.
Upon consideration of an application the National Council shall make
a decision either to issue (extend) or not to issue (extend) a
license, in conformity to the requirements of this Law.
Article
25. Competitive
broadcast licensing
1.
Licensing of broadcasting where such is related to the use of the
radio frequency resource, and that of broadcasting on free channels
of multichannel networks shall be based on the results of open
tenders.
2.
A tender for a license shall be initiated, called and held by the
National Council. The National Council may initiate a tender either
at its discretion or on an appropriate inquiry of a broadcasting
organisation.
3.
The National Council shall call a tender for a license, provided
there are available broadcasting channels, broadcast networks, or
free air time on broadcasting channels (networks), and also where:
a) an opinion has
been obtained as to the possibility and terms of utilisation of
frequencies allocated for the purposes of television and radio
broadcasting not used for broadcasting before and the relevant
opinion as to the electromagnetic compatibility of the broadcasting
means;
b)
the previous licensee has failed to apply 180 days prior to expiry of
his license to the National Council for extension or the National
Council has refused extension to such licensee, in compliance with
the procedure established herein;
c)
the license of the previous licensee has been invalidated in
accordance with the provisions hereof;
d) the license of the
winner of the previous tender has not entered into force for his
failure to pay the license fee within the time specified in
accordance with the provision hereof;
4.
The National Council shall make the decision to call a tender and, at
least 60 days before the deadline for applications, shall publish an
announcement in the media the list of which it shall determine.
5.
The announcement shall indicate the following:
a)
the deadline for filing license applications, including a second
submission upon elimination of the reasons for which the application
may have been set aside, as required under Article 29 hereof;
b)
the deadline for reviewing the results of the tender, which may not
be later than 60 days after the reception of applications is
complete;
c)
summarised information on the broadcast channel, broadcast network or
broadcasting channel(s) in a multichannel network with the use of
which broadcasting is to be carried out;
d)
tender terms and deadlines for their fulfilment;
e)
specific features of broadcasting over the channel or channel(s) of a
multichannel network;
f)
maximum amount of the license fee;
g)
tender deposit;
h)
maximum broadcasting hours;
i)
address for filing licensing applications;
6.
Eligible for a tender shall be legal persons which have filed at the
National Council their licensing applications and other documents as
required under Article 24 hereof.
7.
Admission to a tender shall be denied to-
–
legal persons whose applications have been set aside in accordance
with Article 29 of this Law;
–
legal persons which do not meet the standards set forth in article 12
of this Law concerning their establishment, interest of foreign
physical or legal persons in the equity or authorised fund of the
broadcasting organisation, and constituent instruments and bylaws of
such broadcasting organisation.
8.
The National Council shall make a reasoned decision to refuse
admission of a legal person to a tender and notify such of said
decision within 30 days of receipt of the application. Appeal from
such decision lies with the court.
9.
If no licensing application is filed within the specified term, the
National Council may extend the deadline for applications, postpone
the tender for a term, change the terms of such tender or terminate
the tender;
10.
The filing of application by only one applicant shall not be deemed
grounds for extending the deadline for applications, postponement of
the tender for a definite term, change of tender terms or termination
of the tender.
11.
The terms of a tender shall be set down by the National Council
before calling one and shall be approved by a special decision of the
National Council.
12.
The terms of a tender shall specify:
a)
license requirements for the relevant type of broadcasting;
b)
requirements concerning programming policy statement;
c)
requirements concerning the organisational and technical, financial
and investment obligations of the prospective license holder.
13.
A decision to name the winner of a tender and to issue him a license
shall be made by the National Broadcasting Council of Ukraine within
one month after the deadline for licensing applications.
14.
While reviewing applications the National Council shall give priority
to a broadcasting organisation that:
a) has the best
capacity to fill the terms of the tender;
b)
gives advantage to socially important programming (news, public
affairs, children’s programmes, etc.), satisfies the information
needs of ethnic minorities and promotes free speech;
c)
is better equipped, financially, economically and professionally, to
carry out television and radio broadcasting.
15.
Guided by the standards of activity of broadcasting organisations, as
defined by this Law, the National Council may extend the list of
criteria, subject to their publication prior to a tender in question.
16.
The National Council shall notify the applicants in writing of its
decision within five working days of the formal delivery thereof (a
copy of the decision shall be mailed or handed over).
17.
A broadcast license shall be executed and issued to the broadcasting
organisation which has won the tender within ten days after the
latter pays the license fee, which shall be confirmed by an
appropriate statement of the local office of the Treasury of Ukraine,
provided such payment is effected within one month from the date of
the decision to issue the license.
18.
The terms of a broadcast license to be issued on the basis of a
tender shall be determined by the National Council in agreement with
the prospective licensee in accordance with the terms of the tender
and the programming characteristics declared by such licensee and his
commitments. Upon completion of a tender, the winner broadcasting
organisation may undertake additional commitments, which shall be
executed as its license terms.
19.
The National Council may invite government institutions,
non-governmental organizations and associations of citizens to
provide their expert opinion in respect of the applicants’
capabilities. These opinions shall be recommendatory for the National
Council.
Article
26. Tender
deposit
1.
Every applicant shall make a cash security deposit with a view to
affirming his intentions and commitments as respects his bidding for
a license.
2.
Tender deposit shall be a prerequisite for participation in a tender.
The National Council shall determine by decision the amount of such
tender deposit, provided that it may not exceed 10 per cent of the
announced maximum rate of the license tax
3.
The cash deposited against tender security by the winner of a license
tender shall be credited to the amount payable by him as a license
tax. The cash deposits of those other participants who failed in the
tender shall be remitted to the state budget
Article
27. Broadcast license
1.
A broadcast license shall be issued not later than on the tenth day
of the date when the National Council adopts a decision to issue one,
subject to payment of the license tax, and shall be the only legal
entitlement to broadcasting.
2.
The form of a broadcast license shall be defined by the National
Broadcasting Council of Ukraine, as required herein.
3.
A broadcast license shall indicate-
a)
designation of the organisation, its essentials and other basic data
(e.g. logotype, call sign, mark, etc.);
b)
location, legal and actual address of the organisation;
c)
type of broadcasting and target distribution area for programs as
shown in the annex to the license;
d)
general characteristics of the broadcasting channel, broadcast
network or multichannel network (with the indication of the
telecommunications operator in the case of a multichannel network);
e)
periodicity, broadcasting time, scope and schedule;
f)
language(s) in which broadcasts are to be carried out
g)
effective date of the license;
h)
duration of the license;
4.
A broadcast license shall have the following mandatory riders:
–
programming philosophy;
–
organisational and technical, financial, and investment commitments
made by the licensee organisation during competitive selection or,
where a license is granted hors
concours, during
consideration of its application by the National Council;
–
detailed characteristics of the broadcasting channel, broadcast
network or multichannel network: frequency (frequencies),
transmitter(s) location and power, distribution area, location of the
head-end station of the multichannel network, maximum number of
channels (resource) of the multichannel network, service (reception)
area of the multichannel network;
–
information as respects the owner (co-owners) of the licensee
organisation and the structure of its authorised capital; for a
joint-stock company, also a full list of its shareholders owning
blocks of shares of at least 5 %;
–
information on the governing and supervisory bodies of the licensee
organisation: head of the organisation, list of members of its
management, members of the board, list of members of the supervisory
board, etc. (for each of person: full name, date of birth,
nationality, address);
5.
The 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 riders thereto, shall constitute the terms
of such broadcast license.
6.
The terms of a license shall be defined by the National Council in
coordination with the prospective license holders, in compliance with
the procedure laid down in this Law, and approved by a decision of
the National Council.
7.
A licensee must comply with the terms of his license. The National
Broadcasting Council of Ukraine shall monitor the performance of
licensees under their licenses, and where terms thereof are violated,
impose penalties as provided for by this Law.
Article
28. Programming
philosophy of a broadcasting organisations
1.
Requirements to a programming philosophy shall be established by the
National Broadcasting Council of Ukraine in accordance with this Law.
2.
The programming philosophy of a broadcasting organisation shall
specify-
–
the share of local product;
–
the minimum share of domestic audiovisual product;
–
the maximum share of foreign audiovisual product;
–
the maximum hours of re-transmission and a tentative list (per
genres) of programs and broadcasts which are to be re-transmitted;
–
the genre distribution of programmes and broadcasts.
3.
The core of the programming philosophy of a broadcasting organisation
must comprise the following programmes:
–
analytical newscasts and social comment;
–
culture and arts;
–
popular science and education;
–
entertainment;
4.
In the period of time between 7amto 11pmall licensees (save for satellite broadcasting) must respect the
following ratio between Ukrainian and foreign programmes:
–
programmes produced in Europe must constitute at least 80 per cent,
including at least 50 per cent of Ukrainian programming product;
–
in radio programmes, music of Ukrainian composers and performers must
in a any week constitute at least 50 per cent of total broadcasting
time.
5.
No licensee may distribute programmes capable of affecting healthy
physical, mental or moral development of children and youth, nor
programmes containing scenes of horror, killing or violence (physical
or psychological), or scenes appealing to sexual instincts.
6.
The accompanying text may not contain obscene words, expressions etc.
Provisions of this subparagraph do not apply to encrypted
multichannel systems.
7.
The programming philosophy of a multichannel broadcasting shall
specify-
–
the list of programs provided in the fixed package, including the
licensee’s local product and programmes of other broadcasting
organisations ;
–
the terms, i.e., unencrypted or encrypted, of distribution of each
programme;
–
programming philosophies for each of the licensee’s local
programmes as required under subparagraphs 2 and 3 of this article.
8.
Every licensee shall be required to perform under his stated
programming philosophy.
9.
Any change to the programming philosophy shall comply with the
procedure established hereunder.
Article
29. Setting
aside of an application for license
1.
An application for a broadcast license shall be set aside where:
a)
the application is submitted (signed) by a person having no due
authority;
b)
the application is submitted in contravention of the requirements of
article 24 of this Law
c)
an earlier license has been granted to a broadcasting organisation
bearing the same designation and transmitting to the same
distribution area.
2.
A written notice reciting the reasons for the setting aside of his
application shall be served on the applicant within seven working
days after registration of the application.
3.
Once the reasons for which the application had been set aside have
been eliminated, such application shall be considered on its merits,
according to the procedure and at such time as established by this
Law.
4.
If such reasons have been eliminated before the deadline for
applications for participation in a licensing tender, the applying
broadcasting organisation shall be admitted to bid.
Article
30. Refusal to
license broadcasting
1.
Where a tender is held for a broadcast license, victory of one
applicant shall be grounds for refusal to grant the license to the
other bidders.
2.
Where the National Council considers an application for a broadcast
license hors concours,
it shall refuse to granting one if it finds that-
a)
the applying organisation does not meet the license requirements for
the stated type of broadcasting, including the requirements set forth
in article 12 hereof as respects the constitution of broadcasting
organisations, maximum share of interest held by foreign individuals
or corporations in the equity or authorised fund of the broadcasting
organisations, and also as respects the constituent instruments and
byelaws of the broadcasting organisations;
b)
the information provided in the application does not represent the
facts at the moment of its consideration;
c)
the application has been presented earlier than one year from the
date of the decision to revoke the license of such applicant
broadcasting organisation;
d)
the applicant has no capability (economic, financial or technical) to
broadcast as stated;
3.
The National Council shall make a decision to refuse granting a
broadcast license, having considered the application, and within five
working days after protocolary execution of this decision shall serve
the applicant a written notification thereof, referring to the
grounds for refusal.
4.
A decision to refuse granting of a license may be appealed in court
within one month of its date.
Article
31. Fee for
issue, extension and renewal of a broadcast license and issue of a
duplicate of a broadcasting license and
of a programme service provider license
1.Alicense tax 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 tax forthe issue orextension 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 broadcastinglicense,
programme service provider license shall
be developed and approved by the Cabinet
of Ministersof Ukraine.
2.
The license tax shall be remitted to the State budget of Ukraine. The
National Council shall determine the procedure of payment of a
license tax in accordance with the requirements of this Law. Alicense tax shall be paid by the licensee within one month of its
granting by the National Council.
(Omitted
as of 21.12.2010:
3.
The license tax shall be remitted to the State budget of Ukraine. The
National Council shall determine the procedure of payment of a
license tax in accordance with the requirements of this Law. Unless
the National Council provides a different procedure for payment of a
license tax, it shall be paid by the licensee within one month of its
granting by the National Council.
4.
Renewal of a license and issue of a duplicate of a license shall be
charged at the rate of five times the tax-exempt minimum income of
the citizen.
5.
Renewal of a license in connection with the changeover from analogue
to digital broadcasting shall be subject to a charge equal to the
license tax assessed for granting of a multichannel broadcasting
license.)
Article
32. Issuing of
a broadcast license
1.
The National Council of Ukraine shall make a decision as respects the
issuing of a broadcast license immediately at the same time as it
identifies the winner in the tender for such license.
2.
Where an application for a broadcast license is considered hors
concours, the
National Council shall make a decision to issue or to refuse to issue
a license, as required under article 30 of this Law.
3.
A license shall be executed and issued to the applicant on the basis
of the National Council’s decision not later than ten days after
payment of the license tax, which is subject to be certified by the
appropriate statement issued by the office of the Treasury of
Ukraine. Where the National Council has decided on a different
procedure for the payment of the tax, such license shall be issued to
the applicant not later than on the thirtieth day of the date when
the decision to issue same was made.
Article
33. Extension
of the broadcast license
1.
Every licensee shall be entitled to extension of his broadcast
license.
2.
With a view to extending the duration of a license, an application
requesting extension of the license, as required under article 24 of
this Law, must be filed with the National Broadcasting Council of
Ukraine not later than 180 days and not earlier than 210 before
expiration of the current licence. An application for extension of
the license filed earlier than 210 days before the expiration of same
shall be returned by the National Council to the applicant without
consideration within five working days of its filing.
3.
A license extension application shall be considered and a decision in
its respect shall be made not later than 60 days before expiration of
such license.
4.
Based upon consideration of the application, the National Council
shall decide either to extend the license or to refuse extension and
within five working days after making the decision serve the
applicant a written notice of the results of such consideration. A
copy of the decision is sent by mail or handed out. A decision of the
National Council to refuse extension of a license shall indicate the
reasons for such decision, as required under subparagraph 7 of this
article.
5.
While considering and making its decision on an application for
extension of a license the National Council may not modify the terms
of such license, except for where-
–
upon expiration of the license broadcasting is to change from
analogue to digital, as provided under article 22 hereof;
–
a change of the technical characteristics of broadcasting is
necessitated by a relevant modification of the National RF Allocation
Table of Ukraine and/or National Bandwidth Utilisation Plan;
–
the license terms do not meet the legal requirements; or
–
a revision of the license terms as proposed by the licensee is
approved by the National Council.
6.
The National Council shall hand an extended license to the licensee
not earlier than on the last working day of the effective term of the
earlier license, subject to payment of the license tax, as required
under article 31of this Law. (as
of 10.03.2010)
7.
The National Council may decide to refuse extension of a license,
provided only that-
a)
the licensee files his application for extension later than 180 days
before expiration of the current license;
b)
the licensee has during the force of the license violated terms of
same and requirements of the legislation in effect. The fact of such
violations must be proven by the National Council’s decisions and
sanctions not lawfully lifted, or by relevant judicial decisions;
c)
the licensee does not meet the requirements of article 9 or article
12 para 2 of this Law.
8.
A decision to refuse extension of the broadcast license may be
appealed in court within three month of its date.
9.
The 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. Duplication of the 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 such registration.
2.
The National Council shall consider an application for a duplicate
license and make its decision on it within 10 days from the date of
its filing. Within 5 working days of making its decision to issue a
duplicate license, the National Council shall serve the applicant a
written notice thereof and issue him a duplicate license.
3.
Before a duplicate broadcast license has been issued, the
broadcasting 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 same, its
duration and date of issue, shall be transferred to the duplicate
without change.
5.
The issuing of a duplicate of the license shall be charged as
established under article 30 of this Law.
Article
35. Renewal of
the broadcast license.
1.
In the case of change of any data required under paragraph 3 of this
article, the licensee shall file with the National Broadcasting
Council an application for renewal of the broadcast license, in the
form established by the National Council.
2.
Attached to such application must be duly certified copies of any
documents confirming the necessity to modify the license.
3.
The grounds for renewal of a broadcast license may be any of the
following:
a)
a change in the 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 respective amendments to
the terms of his license;
c)
the necessity to change the terms of the license in view of
changeover from analogue to digital broadcasting.
4.
A licensee, where there arise any grounds for renewal of the license
in view of organisational changes of his status or terms of
operation, shall be required within ten working days thereof to file
with the National Council an application for renewal of the license,
enclosing any corresponding documents, or their notarised copies,
that prove the changes concerned.
5.
The National Council shall consider the application and make a
decision as respects renewal of the license within ten working days
from the date of receipt of such application.
6.
The National Council shall refuse to renew the broadcast license and
initiate its revocation if the changes in the composition of founders
(co-founders) and/or owners (co-owners) are in breach of the
requirements of articles 8 and 12 hereof.
7.
Application for renewal of a license in view of the licensee’s
intention to change 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 make a decision either to modify the license and,
therefore, renew it or to refuse amendment of the license.
8.
An application for renewal of the license in view of changeover from
analogue to digital broadcasting shall be considered within one month
of its receipt.
9.
Proceedings from the results of its consideration, the National
Council shall make a decision to modify and, accordingly, to renew
the license; the programming philosophy being revised in conformity
to the Development Plan.
10.
Where the licensee’s proposals as respects revising of the
programming philosophy do not meet the requirements of the
Development Plan, the National Council may refuse renewal of the
license in view of changeover from analogue to digital broadcasting
and announce a tender for multichannel broadcasting license. In such
case the current licensee shall retain the right to broadcast on one
of the channels of the new digital multichannel network and, also,
the right to act as the telecommunications operator of the entire
digital multichannel network.
11.
The renewed license shall be issued to the licensee not later than
ten days after adoption of the corresponding decision by the National
Council, provided that he pays the fee for renewal of the license, as
required under article 31 of this Law.
12.
The duration of a renewed license may not exceed the duration
specified in the license which was subject to renewal.
13.
In case of renewal of a license, the National Council shall make a
decision on invalidation of the license subject to renewal and make
appropriate changes to the Public Register of broadcasting
organisations of Ukraine.
14.
In the event of refusal to make modifications the licensee shall be
required to broadcast in accordance of the valid license.
15.
As the renewed license is handed over the earlier license shall be
withdrawn.
Article
36. Duration of a broadcast license
1.
A broadcast license shall be issued for such term as the National
Broadcasting Council of Ukraine may determine in accordance with the
broadcast license application, however for not less than-
–
7 years in the case of on-air and multiprogramme broadcasting via
multichannel networks;
–
10 years in the case of satellite, wired and cable broadcasting.
2.
Any license shall lapse after expiry of its specified term, except as
the National Council has failed within the term set down herein to
consider a timely filed application for extension, in which case the
license shall be valid until the National Council passes a decision
to extend, or refuse to extend, such license as required hereunder.
Article
37. Revocation
of a broadcast license
1.
A broadcast license may be revoked by the National Council where so
stipulated in this Law.
2.
The National Council shall revoke a license on the following grounds:
a)
relevant application of the licensee for revocation of the license;
b)
decision to cancel public registration of the licensee;
b)
failure by the licensee to pay the license tax within the term
provided hereunder;
c)
failure to broadcast as provided in the license within one year of
its having been issued;
d)
judgement invalidating the broadcast license.
3.
The National Council shall make a reasoned decision to revoke the
license within fifteen working days from the date of receipt of the
documents establishing such grounds for revocation. A decision of the
National Council to revoke a license may be appealed in court.
4.
Within three days of making its decision to revoke the broadcast
license, unless such is appealed against, the National Council shall
notify of the license revocation the licensee and, also, the relevant
telecommunications operators. In the event that a decision of the
National Council has been appealed in court, the National Council
shall serve the notice of the license revocation on the licensee and
the relevant telecommunications operators within three days of the
date of validity of the court decision to revoke same.
5.
The National Council may bring action seeking revocation of the
broadcast license, where it is found that-
a)
such license has been assigned to an individual or corporation other
than the licensee with a view to it pursuing information activities;
b)
the application for renewal of the license in view of 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 his activities as provided for by the
legislation of Ukraine;
e)
the licensee does comply with the requirements set forth in article
12 hereof as respects the constitution of broadcasting organisations,
maximum share of interest held by foreign individuals or corporations
in the equity or authorised fund of the broadcasting organisations,
and also as respects the constituent instruments and byelaws of the
broadcasting organisation.
6.
A court decree on revocation of a broadcast license shall be enforced
in compliance with the general procedure, in accordance with legal
requirements.
Article
38. Public registration and keeping of the Public register of
broadcasting organisations of Ukraine
1.
Economic agents who have been issued broadcast licenses are subject
to public registration as subjects on information activities.
2.
Any broadcasting organisation which does not hold a broadcast license
may get registered suo
moto as a subject of
information activities.
3.
Any production studio which does not hold a broadcast license may get
registered suo motoas a subject of information activities.
4.
Public registration of economic agents as subjects of information
activity shall be executed by the National Council.
5.
Public registration of economic agents who have been licensed to
broadcast is effected by way of entering such onto the Public
Register of broadcasting organisations of Ukraine within three days
of issue of their broadcast licenses.
6.
Public registration of a production studio which does not hold a
broadcast license shall be executed on the grounds of an application
of its head by way of entering relevant data onto the Public Register
of broadcasting organisations of Ukraine and issuing of a certificate
of public registration.
7.
The form of such application shall be determined by the National
Council. An application shall indicate such registration data as:
a)
the designation of the broadcasting organisation;
b)
the call sign, logotype, trade mark (if any)
c)
the programming mission or format;
d)
legal and postal address of broadcasting organisation;
e)
contact person phone numbers and e-mail address.
8.
An application for state registration of information entity must be
attached with the extract or
excerptfrom the United state register of legal entities and
individuals-entrepreneurs. (as
of 7.04.2011)
9.
The National Council may refuse consideration of an application for
entry onto the Public Register of broadcasting organisations of
Ukraine if the application does not comply with the requirements of
this Law. Of its refusal to consider the application the National
Council shall inform the applicant, within three days upon receipt of
such application, indicating the reasons for the refusal.
10.
The National Council shall make an entry in the Public Register of
broadcasting organisations of Ukraine within three working days upon
receipt of the application and, within one week upon having entered
the broadcasting organisation onto the Register, shall issue such
organisation a standard certificate of public registration. The
execution of a public registration certificate shall carry a charge
of five times the tax exempt minimum personal income, which sum shall
be credited to the current account of the National Council.
11.
The Public Register of broadcasting organisations of Ukraine shall be
maintained by the National Council. The Public Register shall contain
data pertaining to the broadcasting organisations which hold
broadcast licenses or are registered as subjects of information
activities in compliance with the procedure provided herein.
12.
As respects the broadcasting organisations which have been issued a
broadcast license or licenses, the Public Register of broadcasting
organisations of Ukraine shall contain the following data:
a)
the designation of the broadcasting organisation
b)
the call sign, logotype, trade mark (if any);
c)
the programming mission or format;
d)
the legal and postal address of the broadcasting organisation;
e)
contact person phone numbers and e-mail address.
f)
regarding the owners and founders of the broadcasting organisation,
as required under article 24 hereof;
g)
regarding the personal composition of the governing and supervisory
bodies of such broadcasting organisation, as required under article
24 hereof;
h)
the date and number of the decision to issue a broadcast license;
i)
series and number of the license;
j)
duration of the license;
k)
the type(s) of broadcasting, its scope and broadcasting hours;
l)
territorial characteristics of broadcasting (nationwide, regional or
local, with the specification of oblasts, rayons and localities);
m)
regarding any renewals or modifications of the license, issue of its
copy or duplicate;
n)
regarding extension of the license;
o)
regarding any sanctions imposed on the broadcasting organisation as
provided herein;
p)
the date and number of the decision on invalidation of the license
and on its revocation.
13.
The information specified in paragraph 12 of this article shall be
entered upon the Public Register of broadcasting organisations of
Ukraine within three working days after the issue (extension,
modification, duplication, revocation) of a broadcast license.
14.
Access to the Public Register of broadcasting organisations of
Ukraine shall be free. The procedure for use of the Register and the
fee charged for the delivery of written information as respects the
data contained therein shall be determined by the National Council.
The National Council shall post the information entered on the Public
Register of broadcasting organisations of Ukraine at a web site and
publish such twice a year in the official bulletin of the National
Council.
Section
IV. TELEVISION AND RADIO BROADCASTING OVER MULTICHANNEL TELEVISION
NETWORKS. COMMUNITY ANTENNA TELEVISION SYSTEMS. RE-TRANSMISSION.
Article
39. Broadcasting
over multichannel systems
1.
Multichannel television networks as telecommunications networks shall
be created, maintained and protected in conformity with the
requirements of the Law of Ukraine ‘On Telecommunications’.
2.
In order to distribute television and radio programmes over a
multichannel telecommunications network economic agents shall be
required to hold an appropriate license from the National Council.
3.
The right to distribute television and radio programmes over
multichannel telecommunications networks shall be held exclusively
by-
a)
the broadcasting organisations which have been licensed to broadcast
with the use of multichannel telecommunications network bandwidth in
conformity with the requirements of article 23 hereof;
b)
the economic agents to which the National Council has issued license
of programme service providers;
4.
Broadcasting organisations shall broadcast with the use of the
multichannel telecommunications network bandwidth in conformity with
their broadcast licenses and the contracts with the multichannel
telecommunications network operator.
5.
Programming service providers shall use multichannel
telecommunications network on the grounds of their programming
service provider’s licenses and the appropriate contracts with the
multichannel telecommunications network operator.
6.
A multichannel telecommunications network operator may provide
programme services on its own, provided it has been licensed to act
as a programme service provider.
7.
Provision of a programming service to a subscriber shall be carried
out on the grounds of a contract between the subscriber and the
licensee, made under the effective legislation. Such a contract must
specify-
–
the type of a programme package provided (versatile programme
service, standard package or custom package);
–
the list of television and radio programmesand broadcasts which the
providers undertakes to deliver to the subscriber;
–
the subscription fee for such package and/or fee for the provision of
individual television and radio programmes and broadcasts.
8.
A provider may not without a duly executed agreement of the
subscriber change the characteristics of the programme service, which
are specified in paragraph 7 of this article.
9.
A provider must provide to all its subscribers the capability to
receive programmes of the versatile program service and include such
programmes in all programme packages.
A
provider shall not required to negotiate contracts with corresponding
broadcasting organisations with a view to distributing of programs of
a versatile program service.
10.
A programming service provider may commence its operation as soon as
it is issued its license and the contents of the versatile programme
package(s) approved by the national Council.
11.
A programming service provider shall independently establish the rate
of licence fees for different programme packages and other
information services, proceeding from the market demand. Public
regulation shall exclusively be applicable to the rate of the licence
fee charged for the use of any versatile service.
12.
In event that a provider breaks the requirements of the legislation
the National Council shall impose on it sanctions specified in this
Law.
Article
40. Licensing
programming service providers
1.
With a view to launching operation (broadcasting) of cable television
and radio broadcastingan economic agent (provider or
telecommunications operator or cable network operator) must obtain a
license (permit) from the National Council.
2.
Operation (broadcasting) of cable television and radio
broadcastingshall be licensed by way of registration. A license shall
be issued hors
concours upon
application for a term of 10 years.
3.
An application for a programming service provider’s license shall
be filed in compliance with the provisions of article 24 hereof.
Attached to such application shall be-
a)
the general concept of packaging (list) of programmes acquired for
the purpose of re-transmission;
b)
the documentary proof of purchase and title to distribution
(re-transmission) of another broadcaster’s programmes.
4.
The general concept (principles, reasons) of selecting programmes for
re-transmission (offered to subscribers) shall constitute a mandatory
attachment to the license for operation (broadcasting) of cable
television and radio broadcasting. Such attachment is subject to
annual re-registration, for which purpose the licensee must file with
the National Council information on implementation of the concept of
programme selection for the preceding year.
5.
An application for a programming service provider’s license shall
be considered and decided on within one month of its receipt by the
National Council.
6.
Proceeding from the results of its consideration, the National
Council shall make a decision-
a)
to issue a programming service provider’s license;
b)
to approve the programme package(s) of the versatile programme
service for the locality (localities) and/or area(s) where such
programme service is intended for provision.
7.
A programming service provider’s license may be revoked by a court
ruling made on the motion of the National Council in view of such
provider’s regular violating requirements of this Law, the
legislation of Ukraine on protection of public morals and the
legislation of Ukraine on copyright and neighbouring rights.
8.
The rights provided under a programming service provider’s license
may not be assigned to another individual or corporation.
Article
41. Community
Antenna Systems
1.
Community antenna television and/or radio systems shall be set up to
enable consumers good quality reception with domestic receivers of
television and/or radio programmes distributed in the area of
operation of such community antenna system.
2.
Community antenna systems shall not qualify as multichannel
telecommunications networks. Operators of such systems shall not be
subject to licensing by the National Council. Distribution of
programmes to consumers by means of a community antenna system shall
not require registration of a subject of information activity.
3.
A community antenna system may operate within a multichannel
telecommunications network only with the consent of the house owners,
executed in a contract, to same and to the package of additional
services of the multichannel telecommunications network approved by
the tenants (potential subscribers).
Article
42. Re-transmission of television and radio programmes and broadcasts
1.
Re-transmission of television and radio programmes and broadcasts the
content of which complies with the requirements of the European
Convention on transfrontier television shall not be subject to
limitation in the territory of Ukraine. The procedure of
re-transmission shall be governed by this Law.
An
economic agent in the jurisdiction of Ukraine which intends to carry
out re-transmission and has been authorised to do so by the copyright
holder (producer) who does not come under the jurisdiction of an EU
member state or another state party to the European Convention on
transfrontier television must adjust the content of the programmes
intended for re-transmission to the requirements of the Ukrainian
legislation.
3.
The right to re-transmit television and/or radio programmes or
broadcasts shall be determined by a broadcast license or a
programming service provider’s license.
4.
The maximum scope of re-transmission and tentative list (per genre)
of programmes and broadcasts intended for re-transmission shall be
determined by the programming philosophy as required by this Law.
5.
Programme service providers shall carry out re-transmission of
television and radio programmes and broadcasts in multichannel
networks in compliance with the list of television and radio
programmes and broadcasts proposed for provision in the programming
service.
Section
V. 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 facilities, or the operator of same, may
not allow to use such facilities to organisations which hold no
proper license or whose license is no longer in effect.
3.
Distribution of television and radio programs or broadcasts to a
larger area than what is specified in the license of the National
Council shall be prohibited.
4.
Programmes of identical content may not be distributed by way of
terrestrial on-air distribution in the same area.
5.
No licensee may sublet a broadcasting channel to other organisations.
6.
The head of a broadcasting organisation or his authorised person
shall give sanction for release of television and radio broadcasts or
programs and be personally liable for their contents and quality.
Article
44. Media bureaus
1.
Broadcasting organisations may establish, in accordance with the
procedure established in the laws of Ukraine, their bureaus inside
and outside Ukraine.
2.
A media bureau shall be a structural division (affiliate) of the
broadcasting organisation, established for the purpose of providing
information support to such broadcasting organisation.
3.
Media bureaus may not independently broadcast or insert information
or advertising on the broadcasting organisation’s broadcasting
channel.
Article
45. Accrediting
of production personnel of a broadcasting organisation
1.
A broadcasting organisation shall be entitled to accredit its
production personnel with such institutions and organizations that
have an accreditation policy.
2.
An accreditation policy must be fair, grounded and provide equal
treatment for all broadcasting organisations. The accreditation
policy must be published by the relevant public authority or body of
local government, institution, organisation or enterprise where such
accreditation policy is in force.
3.
Unless the law provides otherwise, a public authority, body of local
government, institution, organisation or enterprise may not deny free
access or accreditation of production personnel of a broadcasting
organisation.
Article
46. Identification
information
1.
Every broadcasting organisation must announce its name and other
identification information (designation, call sign, logotype, etc.).
2.
While broadcasting (re-transmitting) radio programmes, every
broadcasting organisation shall identify itself with a call sign
which shall be transmitted on air at least every hour.
3.
While broadcasting air-time,
every broadcasting organisation shall use its logotype or other
identification information. (as
of 11.01.2011)
Article
47. Authorisation of the right to use programs or broadcasts of other
broadcasting organisations
1.
Programs or broadcasts of other broadcasting organisations may only
be used in accordance with the Law of Ukraine ‘On copyright and
neighbouring rights’.
2.
Any modification of the programs of foreign broadcasting companies
when they are distributed over multichannel networks, except as
provided in the agreements with the holders of copyright in
audiovisual products or the legislation of Ukraine for shall be
prohibited.
Article
48. Registration of audio-visual works and the keeping of their
copies (records)
1.
Every licensed broadcasting organisation shall be under the
obligation to keep a log of programmes which it itself broadcasted or
re-transmitted or whose broadcasting or re-transmission in full and
unchanged form by a third person (telecommunications operator) it
facilitated.
2.
The log shall record the following information:
–
the date and time of the broadcast;
–
title and theme of the broadcast;
–
last names of authors and presenters of the broadcast;
–
the language of the broadcast.
3.
The broadcasting organisation shall keep a log of broadcasts for one
year from the date of the last entry.
4.
All broadcasts which a 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.
In the event a complaint has been submitted as respects the contents
of a broadcast, a record of such shall be kept until such complaint
has been reviewed and a decision in its regard made, according to the
standard procedure.
6.
The terms of a long-term keeping of television and radio broadcasts
that are of historical, artistic, cultural or any other value shall
be determined by the legislation of Ukraine.
Article
49. Distribution of official communications and other required
information
1.
The state-run and municipal broadcasting 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, and
also, to their relevant jurisdictions, the official communications of
the Verkhovna Rada of the Autonomous Republic of Crimea, institutions
of local self-government and executive authorities.
2.
Broadcasting organisations, irrespective of their structure of
ownership, shall be under the obligation to distribute communications
on emergencies. The right to use for this purpose television and
radio broadcastingshall be granted to the bodies and officials
authorised to make decisions in emergencies.
3.
Broadcasting of sessions of the Verkhovna Rada of Ukraine, the
Verkhovna Rada of the Autonomous Republic of Crimea shall be carried
out according to government order and on the contractual basis.
4.
The state-run broadcasting organisations, on request of the President
of Ukraine, that of the Chairman of the Verkhovna Rada of Ukraine,
the Prime Minister of Ukraine or the Chairman of the Constitutional
Court of Ukraine, shall provide them air time for emergency official
statements on important issues of public life.
5.
The state-run broadcasting 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 councillors on the issues pertaining to their
official activity, as made in television and radio programs broadcast
the jurisdiction of the relevant local council, shall be so broadcast
on the terms agreed upon with the local broadcasting organisations.
Article
50. Operations
of broadcasting organisations during elections
1.
The specific features of operation of broadcasting organisations
during elections shall regulated by the electoral legislation.
Article
51. Broadcasting
under special circumstances
1.
When the state of emergency and/or martial law is declared in Ukraine
or any parts of the country, a special regime of operation may be
established for audiovisual media.
2.
Regulation of broadcasting activities in the state of emergency
and/or martial law shall be specified by law.
Article
52. Discontinuance
of broadcasting
1.
Termination of the licence (if it is not extended) or revocation of
the license, in accordance with the requirements of this Law, shall
be grounds for the discontinuance of broadcasting.
2.
The licensee shall be under the obligation to stop broadcasting
within 24 hours of termination or revocation of the license.
3.
The head of the broadcasting organisation, the head of the
broadcasting organisation and the telecommunication operator
rendering operational services regarding relevant broadcasting
facilities shall bear personal responsibility under the law if
broadcasting continues after receipt of an official notice of
revocation.
Article
53. Advertising
1.
Any relations as may arise in the course of advertising or
sponsorship activities on television and radio shall be governed by
the Law of Ukraine ‘On advertising’.
Article
54. Involvement
of sponsors in creation of television and radio broadcasts
1.
Participation of sponsors in
creating television
and radio programmes shall
be governed by the Law
of Ukraine “On
Advertising”.(as
of 18.03.2008)
Omitted
as of 18.03.2008:
1.
Legal and natural persons that are not broadcasting organisations or
television and radio production companies may contribute, directly or
indirectly, to financing the production of television and radio
programs and broadcasts or their significant portions.
2.
Information about the sponsor (designation or name, trade or service
mark, logotype), in the television and radio broadcasts financed by
such sponsor, must be clearly and accurately indicated by means of
subtitles or voice-over at their beginning and in the end.
3.
Essential elements of the sponsor (address, phone number, settlement
account, etc.), and also consumer properties of goods or services may
not be defined.
4.
It shall be prohibited to publicise the sponsors under the guise of
information or otherwise during transmission of an audiovisual work.
5.
Television and radio programs and transmissions, or their constituent
parts, which are funded by the sponsor may not have direct or
indirect reference to the designation of goods or services.
6.
Sponsoring news, television and radio programs and broadcasts
covering political events or issues shall be prohibited.
7.
Sponsors may not exert on the time of broadcast and the contents of
television and radio programs and broadcasts or their parts, nor may
they interfere with professional work of broadcasting organisations
and their personnel.
8.
Sponsorship shall not exempt broadcasting organisation of their
responsibility for the contents of television and radio programs and
broadcasts or their parts.
9.
Legal and natural persons whose core business is production or
marketing of those goods and services that may not be advertised on
television and/or radio according to the legislation of Ukraine, may
not act as sponsors.
Article
55. Announcement
of television and radio broadcasts
1.
Announcements of broadcasts shall be information intended for viewers
and comply with the requirements of 59 hereof.
2.
Announcements of broadcasts shall be transmitted in accordance with
the Law of Ukraine ‘On advertising’.
Section
VI. RIGHTS AND DUTIES OF BROADCASTING ORGANISATIONS AND THEIR
PERSONNEL
Article
56. The rights
of broadcasting organisations
1.
Broadcasting organisations and their personnel shall have the right
to obtain any information necessary for the pursuit of their
statutory activity, in the order stipulated by effective legislation
of Ukraine, from the public authorities and, irrespective of their
ownership structure, enterprises, institutions and organisations.
Article
57. Editorial
byelaws of a broadcasting organisation
1.
The editorial byelaws of a broadcasting organisation shall set the
standards as respects the generation and dissemination of
information.
2.
The editorial byelaws shall be subject to approval of the owner of
the broadcasting organisation or his authorised agency.
3.
The owner of a broadcasting organisation may not interfere with the
creative work of the broadcasting organisation otherwise as by making
amendments to the editorial byelaws of such broadcasting
organisation.
4.
The editorial byelaws of a broadcasting organisation shall specify-
–
Basic requirements as respects safeguarding that the information
disseminated by the broadcasting organisation is accurate, unbiased,
impartial and balanced;
–
the confidentiality requirements;
–
requirements as respects dissemination of information about violence;
–
requirements as respects dissemination of information about crime;
–
requirements as respects dissemination of information about different
communities (ethnic and sexual minorities; faith-based groups, the
ill and the disabled);
–
requirements as respects protection of children against negative
effects of information disseminated by the broadcasting organisation;
–
requirements as respects verification of information received from
third parties;
–
requirements concerning respect for copyright and neighbouring rights
in the information disseminated;
–
special rules as respects dissemination of information on political
parties and politicians both during and outside elections;
–
requirements as respects advertising and sponsorship;
–
provisions to prevent embedded advertising and acquisition by
creative personnel of broadcasting 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 byelaws of a broadcasting organisations shall provide
for the establishment of the editorial board a half of which is
appointed by the owner of the broadcasting organisation or its
authorised agency, and the other half, elected by the creative
personnel of the broadcasting organisation. The editorial board of a
broadcasting organisation shall be required-
–
to control compliance of the television and radio journalists with
the editorial byelaws;
–
to control observance of the rights of television and radio
journalists, safeguards against censorship and interference with the
creative activities of the broadcasting 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 byelaws and/or requirements of the legislation on the
rights of television and radio journalists, prohibition of censorship
and interference with the creative activities of the broadcasting
organisation, to order official inquiry and to dismiss such officials
in accordance with the law if the alleged violations are confirmed.
6.
The editorial byelaws of a broadcasting organisation must be made
public. A copy of the editorial byelaws shall be sent to the National
Council within seven days of its approval or amendment.
Article
58. The rights
of production personnel and television and radio journalists
1.
The creative team of a broadcasting 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
elected a half of the editorial board of the broadcasting
organisation. A television or radio journalist shall have the right-
a)
to attend any meeting of the creative team of the broadcasting
organisation and introduce motions for its consideration.
b)
to nominate members of and stand in elections for the editorial board
of the 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, safeguards against censorship and interference with the
creative activities of the organisation, and breaches of the
editorial byelaws of the organisation.
Article
59. The duties
of broadcasting organisations
1.
The broadcasting organisation shall be obliged:
a)
to respect the legislation of Ukraine and the terms of the license
b)
to comply with decisions of the National Council and judicial
authorities;
c)
to disseminate unbiased information;
d)
to not interfere with the transmission and reception of programmes of
other broadcasting 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 advise television viewers that its programmes are paid;
g)
to observe the rules of advertising and sponsorship, as established
by legislation;
h)
to respect national dignity, national identity and culture of all
nations;
i)
to keep confidential, on the basis of documentary proof, any
information about a person who has provided information or other
materials on condition that his name would not be disclosed;
j)
to not disseminate any materials which may violate the presumption of
innocence of a defendant or prejudice a court verdict;
k)
to not disclose any information about private life of a citizen
without his consent if such information is not of public concern. In
the event that a court finds that dissemination of information
concerning a citizen’s private life does not constitute a public
concern, the damages and material loss shall be indemnified as
established by the legislation of Ukraine;
l)
to retract any information disseminated where this has been found
inadequate, defamatory, etc
Article
60. The duties
of the members of production personnel
1.
A member of the production personnel of any broadcasting organisation
shall be obliged:
a)
to adhere to the programming philosophy of the broadcasting
organisation and to its charter;
b)
to verify the authenticity of the information that he obtains;
c)
to prevent dissemination of such information as is stipulated by the
second paragraph of article 6 of this Law;
d)
to prevent dissemination in television and radio programs of
information that violates the rights and legitimate interests of
citizens, or is degrading to their honour and dignity;
e)
to comply with such other requirements as arise from this Law, the
charter of the broadcasting organisation and, also, the terms of his
contract of employment with such broadcasting organisation.
2.
The duties stipulated by part one of this article shall apply to
part-time production personnel of the broadcasting organisation.
3.
Where a member of the production personnel is nominated for an
elective office, he shall enjoy, so far as the use of television and
radio broadcastingis concerned, equal rights with other candidates.
4.
A member of the production personnel may not use his official
position in the interests of the candidate whose authorised
representative he may be.
Section
VII. THE RIGHTS OF TELEVISION VIEWERS AND RADIO LISTENERS
Article
61. Protection of the rights of viewers and listeners
1.
Television viewers and radio listeners shall have the right-
–
to receive any program services of broadcasting 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 Broadcasting Committee of Ukraine with their
comments and proposals concerning the contents and technical quality
of programs and broadcasts, and to have their responses, in writing
or directly in broadcasts;
–
to confute as provided by law any information in their respect
disseminated by a broadcasting organisation.
Article
62. Protection of public morals and the rights of minors and young
people
1.
Broadcasting organisations and programming service providers shall be
obliged to respect the provisions of the Ukrainian legislation on
protection of public morals as they create, prepare and distribute
television and radio programmes and broadcasts.
2.
Broadcasting organisations must not distribute nor announce programs
and broadcasts which are likely to impair physical, mental and
spiritual development of minors and young people, excepting daily
intervals from 23:00 to 06:00 hours and conditional access channels.
Such
programs or broadcasts must have a special caution, be appropriately
labelled in the schedule of programs of broadcasting organisations
and specifically identified immediately before their transmission.
3.
In their programs and broadcasts, 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. Impermissibility
of distortion of information
1.
The interviewee or the person who has provided information to a
broadcasting organisation shall have the right to demand in writing
that he should preview, or listen in to, the ready material before
its transmission.
2.
Disputes as respects inadequacy or incompleteness of information
distributed in broadcasts specified in the first paragraph above
shall be settled in court.
Article
64. Right of
retraction
1.
Any citizen or legal person shall have the right to demand that the
broadcasting organisation retract any information distributed in its
program or transmission which does not represent the facts and/or is
degrading to honour and dignity of the person.
2.
The same right shall be enjoyed by official representatives of a
citizen if the citizen is unable to demand such retraction.
3.
A written complaint with the demand to retract may be lodged with the
broadcasting organisation within 14 days from the date of
distribution of such information, of which a written notice should be
served on the National Council.
4.
The broadcasting organisation must 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 free-of-charge an
opportunity to listen in to (preview) the relevant portion of the
program or transmission or to provide for a fee a copy of such
fragment.
6.
If a broadcasting organisation lacks sufficient evidence that the
information which it has distributed represented the facts, it shall
be obliged to promptly retract such.
7.
The retraction must be distributed by the same broadcasting
organisation and in the same program or transmission, as the
information which does not represent the facts, or at such other time
as may agreed upon with he aggrieved person.
8.
The retraction must indicate which information does not represent the
facts, and also when and in which program or transmission it was
distributed by the broadcasting organisation.
9.
If the citizen or legal person has submitted the text of retraction,
it shall be subject to distribution provided that it conforms to the
requirements of this Law. Reductions or other changes in the text of
the retraction submitted by the complainant shall only be made with
his consent.
10.
Where a broadcasting organisation is under the obligation to
distribute the text of a retraction, it must, if so requested by the
citizen or a representative of the legal person, grant him an
opportunity to present such text and broadcast it in record.
11.
The broadcasting organisation must notify the complainant on the
tentative time of distribution of such retraction or text.
12.
The broadcasting organisation must promptly notify the complainant of
its refusal to publish a retraction.
13.
In the event that a retraction is ordered by a court decision, the
text of the retraction shall be distributed by the broadcasting
organisation in a manner set down in this Law.
14.
A broadcasting organisation may refuse a person to retract
information disseminated if the request for retraction has been made
in breach of the requirements of this Law.
Article
65. Right of
reply
1.
A physical or legal person in whose respect a broadcasting
organisation has distributed in its program or broadcast any
information which does not represent the facts or violates any rights
or legitimate interests of such person, notwithstanding any request
for retraction that such person may have lodged, shall be entitled to
a reply (comment or own interpretation of the case) in a program or
broadcast of such broadcasting organisation.
2.
The procedure of filing a request claiming the right of reply
(commentary or interpretation of the facts) shall be governed by
article 64 of this Law.
Article
66. Compensation
of moral damages
1.
Any moral (non-property) damages shall be compensated in conformity
with the Civil Code of Ukraine.
Article
67. Exemption
from liability for distribution of information which is contrary to
facts
1.
Broadcasting organisations and their personnel shall not be liable
for distribution of any information which is contrary to facts where:
a)
such information was contained in an official communication or was
received in writing from a public authority or body of local
government.
b)
such information is a verbatim quotation of any statement or speech
(oral or printed) of any public official, of officer of local
self-government, or a People’s Deputy of Ukraine, candidate for the
office of the President of Ukraine, candidate for a People’s Deputy
of Ukraine or a deputy of any assembly or council, or a candidate for
a mayor;
c)
such information was contained in a personalised statement broadcast
without prior recording or in a statement made by a person other than
members of the broadcasting organisation’s personnel.
d)
such information is a verbatim reproduction of any material
distributed by another media outlet or news agency, where a clear
reference to such is made;
e)
exemption from liability is provided for by another law.
Section
VIII. INTERNATIONAL COOPERATION IN THE FIELD OF TELEVISION AND RADIO
BROADCASTING
Article
68. International cooperation of broadcasting organisations
1.
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.
Article
69. Operation of representatives of foreign broadcasting
organisations in the territory of Ukraine
1.
Accreditation of foreign TV and radio correspondents shall be
executed by the Ministry for Foreign Affairs of Ukraine.
2.
Accredited foreign correspondents shall have such rights and duties
of an employee of a broadcasting organisation as provided for by this
Law.
3.
The representatives of foreign broadcasting organisations not
accredited in Ukraine in accordance with the established procedure
shall carry out their activity on equal footing with the employees of
foreign corporations.
Section
IX. LIABILITIES FOR VIOLATION OF BROADCASTING LEGISLATION
Article
70. Control and
supervision of observance of the legislation by broadcasting
organisations and programming service providers
1.
The National council shall exercise control of observance and make
provision for compliance with the requirements of-
–
the broadcasting legislation of Ukraine;
–
the Law of Ukraine ‘On advertising’ as respects sponsorship and
distribution of advertising on television and radio broadcasting;
–
the legislation on protection of public morals;
–
the legislation on cinematography as respects the quotas of domestic
films shown;
–
the legislation on elections.
2.
The Antimonopoly Committee of Ukraine shall control observance of the
legislation on promotion of fair competition.
3.The
National commission,
which performs state regulation in the sphere of communication and
informatizationshall exercise, as provided for by law, public supervision of the use
of bandwidth for the purposes of television and radio broadcasting,
activities of telecommunications operators and monitor the technical
characteristics of distribution of audio-visual information. (as
of 7.07.2011)
4.
Controlling observance of the legislation on copyright and
neighbouring rights shall
be conducted in the order, defined by the Law. (as
of 7.10.2010)
5.
Control and supervision over other legal requirements shall be
exercise by other public authorities within their competence.
6.
Where there are elements of violation of the legislation by a
broadcasting organisation or programming service provider, the
authorised agency shall sanction the offender or refer the matter to
the National Council of Ukraine as required by law.
Article
71. Liabilities
for breach of the broadcasting legislation
1.
Broadcasting organisations, programming service providers, their
executive officers and employees thereof, other economic entities,
officials of public authorities and institutions of local
self-government shall be held liable for violations of the
broadcasting legislation. Those found guilty of violations shall be
liable civilly, administratively or criminally, as provided for by
the effective legislation of Ukraine.
2.
The measure of responsibility and the corresponding sanction shall be
established by court. Where warranted by this Law, the sanctions for
specific violations of the broadcasting legislation shall be meted
out by the National Council.
3.
Decisions of the National Council as respects the imposition of
sanctions may be appealed in court.
4.
The responsibility for violation of the broadcasting legislation
shall be established on the basis of documented testimonies, reports
of the results of audits of broadcasting organisations, petitions of
such public authorities as are defined by this Law.
Article 72. Sanctions
for violation of the broadcasting legislation
1.
Sanctions for violations of the broadcasting legislation shall be
imposed as ordered by a court or, where it is so warranted by this
Law, by the National Council.
2.
The National Council shall sanction the broadcasting organisations
found to have violated the requirements of this Law or those of their
license.
3.
The National Council shall sanction the programming service providers
found to have violated the requirements of this Law.
4.
In the event that the broadcasting legislation has been violated by
the other legal or natural persons, the National Council shall refer
such cases to a court or to other public authorities for the purpose
of eliminating such violations in accordance with the legal
procedure.
5.
The National Council shall base its decisions on applying sanctions
on the available documentary evidence, audit reports or
representations of public authorities specified by this Law.
6.
The National Council may impose the following sanctions on
broadcasting organisations and programming service providers:
–
admonition;
–
fine;
–
initiation of the broadcast license revocation in court.
7.
A decision to admonish shall be made where the broadcasting
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 event that the relevant violation were not eliminated after
admonition;
–
in the event that the broadcasting organisation has been admonished
on at least three occasions since the date of issue (extension) of
its license;
–
in the event that the programming service provider has been
admonished on at least three other occasions after it was fined.
9.
No fine may be imposed if more than one calendar year has elapsed
since the time of the last violation.
10.
The fines are assessed by the National Council with advice and
consent of the Cabinet of Ministers of Ukraine, according to
requirements of the legislation.
11.
A decision on exaction of a fine may be appealed in court.
12.
If the violations have not been eliminated after an admonition and
exaction of a fine, the National Council brings the matter before the
court, seeking revocation of the broadcast license of the
broadcasting organisation or cancellation of public registration of
the programming service provider.
Article
73. Consideration
by the National Council of the cases of violation of the legislation
of Ukraine or the terms of license by a broadcasting organisation or
programming service provider
1.
The matter of a violation by a licensee of the legislation or the
terms of the license shall be considered in a session of the National
Council in conformity with the procedure set down by this Law and the
Law of Ukraine ‘On the National Broadcasting Council of Ukraine’.
2.
The grounds for the National Council’s initiating consideration of
a matter of violation by a licensee of the legislation or the terms
of the license shall be audit reports.
3.
Before the session, the representative of the licensee shall have the
right to get acquainted with the case file, present arguments, adduce
evidence and submit petitions. During consideration of the matter he
may use legal assistance.
Article
74. The making
of a decision by the National Council upon consideration of a
violation of the legislation of Ukraine and the terms of the license
by a broadcasting 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
make one of the following decisions:
a)
to find a violation and apply of a sanction as stipulated by this
Law;
b)
to perform an additional audit;
c)
to find no violation.
2.
A copy of the decision shall be handed over to the licensee within
ten days of its date.
Article
75. Execution
of a decision on application of sanctions
1.
A decision of the National Broadcasting Council of Ukraine on
application of a sanction shall handed or mailed to the head of the
licensee.
2.
The National Council may set in its decision to impose a sanction a
deadline for the elimination of the violation.
3.
Where a fine is imposed, the licensee shall be obliged to pay the
same within one month from the date of receipt of the decision to
exact such fine. Every day of delinquency shall carry a penalty of
one percent of the amount of the fine. In the event of refusal to pay
the fine, the same shall be recovered by court.
4.
The amounts of fines shall be remitted to the State Budget of
Ukraine.
5.
A licensee shall have the obligation to present a documentary proof
of payment of the fine (a copy of the money order) within five days
of the date of payment.
Section
X. TERMINAL PROVISIONS
1.
This Law shall take effect on the date of publication.
2.
The laws and regulations in effect, until harmonised with this Law,
shall apply to the extent that they do not contradict this Law.
3.
All licenses that have been issued by the National Council before
entry of this Law into effect shall remain valid for the term defined
in such licenses. Where a broadcast license is extended, the National
Council shall harmonise with the provisions of this Law. The
territorial category of broadcasting shall be changed on request of
the licensee in compliance with the procedure set down by this Law.
In such event the broadcasting organisations that were broadcasting
before its entry into force in the oblasts (including the Autonomous
Republic of Crimea) comprising at least two thirds of the population
of Ukraine shall acquire the same status as the national
broadcasters.
The
broadcasting organisations shall be required to adopt their editorial
byelaws as provided herein and file their copies with the National
Council within one year of the effective date of this Law.
4.
The following laws of Ukraine shall be amended:
1)
The Law of Ukraine ‘On the National Broadcasting Council of
Ukraine’ (The Vidomosti
Verkhovnoi Rady Ukrainy,
2005, No. 16, p. 265):
a)
to give the preamble the following reading:
This
Law shall set forth the legal principles of activity of the National
Broadcasting Council of Ukraine (“the National Council”) as a
constitutional, standing, collegiate, public supervisor and regulator
in the domain of television and radio broadcasting”;
b)
to give article 3 para 2 the following reading:
“2. The
National Council may not delegate its powers to a third party. No
member of the National Council may not discharge alone of the
functions vested in the National Council”;
c)
in article 4 para 3, to replace the words ‘four years’ with ‘five
years’;
d)
in article 5-
–
to supplement paragraph 1 with a sentence: “the powers of a member
of the National Council are terminated in accordance with a
resolution of the Verkhovna Rada of Ukraine”;
–
to give the last sentence of para 2 the following reading:
“Nomination
of candidates for the National Council shall be the prerogative of
the deputy groups in the Verkhovna Rada of Ukraine and/or the
pan-Ukrainian citizens’ associations active in the field of media
activities”;
e)
in article 7-
–
to give the first subparagraph of para 1 the following reading:
“1. Any
citizen of Ukraine who is a competent specialist in the domain of
journalism, jurisprudence, broadcasting, management, academic
research, culture, arts, has a higher education, at least five years
of work experience, in particular as a researcher or educationist, in
the field of broadcasting, and command of the official language, and
who has resided in Ukraine for the previous 10 years and is below the
lawful age of retirement at the date of appointment may be appointed
a members of the National Council”;
–
to replace the words “for the provision of an equal office by the
State Employment Service” in para 7 with the words “to placement
in an equal position in accordance with the legislation of Ukraine”;
f)
to give the first subparagraph of article 8 para 1 the following
reading:
“1) application
for dismissal for personal reasons or acceptance of resignation as
provided by the law of Ukraine ‘On Civil Service’;
g)
to supplement article with a paragraph reading-
“7. The
Chairman of the National Council shall be the administrator of public
funds assigned for maintenance and operations of the National Council
and, also, pursuant to decisions of the National Council, of
extrabudgetary or other funds credited to the account of the National
Council from the source not prohibited by the legislation of
Ukraine”;
h)
in article 11:
–
to supplement para 2 with the following sentence: “The
representative of the National Council is a member of the National
Council staff and performs official functions in accordance with the
manning table of the National Council”;
–
to give the second subparagraph of para 7 the following reading:
“supervision
over licensees’ compliance with the terms of their licenses”;
i)
to add the words ‘relevant’ after the words ‘equal to’ in
article 12 para 6;
j)
to give article 13 para 2 the following reading:
“supervision
over compliance with the broadcasting legislation by broadcasting
organisations and programming service providers”;
k)
in article 14, to insert the following subparagraph after second
subparagraph:
“licensing
programming service providers”.
In
view of above, to renumber subpara 3-6 to subparas 4-7;
l)
in article 15, to insert the following subparagraph after second
subparagraph
“design
and approval of a National Television and Radio Information Space
Development Plan”.
In
view of above, to renumber subparas 3-11 to subparas 4-12;
m)
in article 16:
paragraph
3:
–
to insert the following three subparagraphs after the first
paragraph:
–
“tasks laid down in the National Television and Radio Information
Space Development Plan for the reporting period and results of their
implementation;
–
Information as respects any modifications made to the National
Television and Radio Information Space Development Plan;
–
tasks laid down in the National Television and Radio Information
Space Development Plan for the next reporting period”.
In
view of above, to renumber subparas 2-7 to subparas 5-10;
to
give the following reading to the ninth subparagraph:
–
“information on compliance with the legal requirements as respects
the share of foreign capital in the authorised funds of broadcasting
organisations and the requirements as respects the constituent
instruments and byelaws of broadcasting organisations”;
to
give the following reading to para 5:
“5. Proceedings
from the results of hearing the report of the National Council the
Verkhovna Rada of Ukraine may pass a vote of no confidence to the
National Council. Where the President of Ukraine also expresses no
confidence, the entire composition of the National Council shall
resign”;
n)
to give the following reading to article 19:
“Article
19. Public
registration of broadcasting organisations and programming service
providers
The
National Council shall execute public registration of broadcasting
organisations and programming service providers and keep appropriate
registers, as required under the Law of Ukraine ‘On television and
radio broadcasting”;
o)
to give the following reading to article 21
“Article
21. Sanctions
for violation of the broadcasting legislation
The
National Council shall apply sanctions to the offenders of the
broadcasting legislation, as provided under the Law of Ukraine ‘On
television and radio broadcasting’.”;
p)
to supplement article 22 with the following para 5:
“5. The
National Council may found (co-found) printed media”;
q)
in article 24 para 2-
to
insert the following subparagraph after subparagraph 3:
“the
National Television and Radio Information Space Development Plan and
amendments thereto are approved”.
In
view of above, to renumber subparas 4-14 to subparas 5-15;
to
insert the following subparagraph after subparagraph 9:
“decisions
on issue or extension of programming service provider’s licenses,
on approval and modification of respective programme packages of the
versatile programme service are made”.
In
view of above, to renumber subparas 10-15 to subparas 11-16;
to
insert the following subparagraph after subparagraph 13:
“decisions
to apply sanctions or to initiate court proceedings for the purpose
of revoking the broadcast license or cancelling public registration
of the programming service provider are made”.
In
view of above, to renumber subparas 14-16 to subparas 15-17;
r)
to give the fourth subparagraph of article 25 para 1 the following
reading:
“design
and implementation of a National Television and Radio Information
Space Development Plan, introduction of new technologies and carrying
out research as respects the use of radiofrequency bandwidth for
broadcasting purposes”;
2)
to give article 28 para 2 of the Law of Ukraine ‘On
telecommunications’ (The Vidomosti
Verkhovnoi Rady Ukrainy,
2004, No. 12, p. 155) the following reading:
“2. Provision
of telecommunications services for the needs of television and radio
broadcastingshall be regulated by the Law of Ukraine ‘On television
and radio broadcasting’”;
3)
in the Law of Ukraine ‘On radio frequency resource of Ukraine’
(The Vidomosti
Verkhovnoi Rady Ukrainy,
2004, No. 48, p. 526):
a)
To insert the word ‘directly’ after the words ‘the operation of
which’ in article 1 subpara 9;
b)
to insert the words ‘to individual request’ after the words
‘development of conclusions’ in article 16 para 3.7
c)
to give article 19 para 4 the following reading:
“4. Radiofrequency
monitoring in public and special RF bandwidth shall be provided on a
fee for service basis within at the cost of the State Budget of
Ukraine”;
d)
in article 24:
–
to strike the words ‘to the extent it concerns television and radio
broadcasting’ from subpara 2;
–
to replace the word ‘broadcasting’ in the third subparagraph with
the words ‘broadcasting channels and networks’;
e)
to insert the words ‘broadcasting organisations’ in the second
subparagraph of article 30 para 2;
f)
to insert the words ‘broadcasting organisations and programming
service providers’ after the words radio frequency resource of
Ukraine’ in article 31 para 5;
g)
in the third subparagraph of article 42 para 7, to insert the words
‘or a copy of the multichannel network operator’s license’
after the words ‘broadcast license’, and replace the words
‘telecommunications systems’ with the words ‘telecommunications
networks’;
4)
in the Law of Ukraine ‘On licensing certain economic operations’
(The Vidomosti
Verkhovnoi Rady Ukrainy,
2000, No. 36, p. 299; 2001, No. 11, p. 45; 2002,
No. 1, p. 1, No. 20, p. 134; 2004, No. 12,
p. 155; 2005, No. 42, p. 465):
a)
to replace the words ‘licensing of broadcasting channels’ with
the words ‘licensing of activities in the field of television and
radio broadcasting’;
b)
to supplement article 4 with the following paragraph:
“Development
and implementation of the public policy of licensing of television
and radio broadcastingshall be carried out by the National
Broadcasting Council of Ukraine”;
5)
to supplement article 19 of the Law of Ukraine ‘On cinematography’
(The Vidomosti
Verkhovnoi Rady Ukrainy,
1998, No. 22, p. 114; 2003, No. 30, p. 248) with
a second paragraph:
“With
a view to promotion of cinematography in Ukraine, including such by
way of using sponsorship and charity funds, be it established that
the total costs of a tax-payer, irrespective of its organisational
and legal structure or ownership pattern, shall be deemed to include
any amounts or value of assets allocated by such tax-payer as a
financial aid in support of production and distribution of domestic
films, however to the extent that does not exceed 10 per cent of such
tax-payer’s gross revenues for the reporting (fiscal) year”.
In
view of above to renumber paras 2-8 to paras 3-9;
6)
in the Law of Ukraine ‘On Corporate Tax’ (The Vidomosti
Verkhovnoi Rady Ukrainy,
1997, No. 27, p. 181; 1998, No. 10, p. 35; 1999,
No. 48, p. 418; 2000, No. 32, p. 254, No. 39,
p. 333; 2001, No. 32, p. 169; 2002, No. 2, p. 12,
No. 29, p. 192; 2003, No. 12, p. 88, No. 33-34,
p. 267; 2004, No. 35, p. 412, No. 52, p. 563;
2005, No. 5, p. 114, Nos. 17-19, p. 267):
a)
to insert the following subparas 5.2.18 and 5.2.19 in subpara 5.2:
“5.2.18. The
amount of funds or value of assets assigned as financial aid for the
purpose of production and distribution of domestic films.
5.2.19. The
amount of funds or value of assets assigned for the purpose of
acquisition, creation and production of audiovisual works”;
b)
to insert the following subparagraph 6 in article 8 para 1.3:
“creation
and/or acquisition of audiovisual works”.
5.
The Cabinet of Ministers of Ukraine shall ensure that the ministries
and other executive authorities of Ukraine bring their regulations in
conformity to this Law within three months of this Law entry into
force.
The
National Council of Ukraine shall bring its regulations in conformity
to this Law within three months of this Law entry into force.