THE
LAW OF UKRAINE
On
the National Television and Radio Broadcasting Council of Ukraine
(Vidomosti
Verkhovnoi Rady (VVR), 1997, No. 48, p. 296)
(As
amended by Laws
No.
134-XIV (134-14)
of 30.09.98,
VVR, 1998, No. 45, p.272
No.
998-XIV (998-14)
of 16.07.99,
VVR, 1999, No. 41, p.373
No.
1709-III (1709-14)
of 11.05.2000,
VVR, 2000, No.32, p.257
No.
2680-III (2680-14)
of 13.09.2001,
VVR, 2002, No. 2, p.5
No.
762-IV (762-15)
of 15.05.2003,
VVR, 2003, No. 30, p.247}
{In
the wording of Law
No.
2461-IV (2461-15)
of 03.03.2005,
VVR, 2005, No. 16, p.265}
{As
amended by Law
No.
3317-IV (3317-15)
of 12.01.2006
}
This
Law determines legal principles of activity of the National
Television and
Radio Broadcasting Council of Ukraine (hereinafter – the National
Council) as the constitutional, collegial, supervisory and regulating
television and radio broadcasting state authority acting on a
permanent basis.
{The
Preamble in the wording of Law No. 3317-IV (3317-15)
of 12.01.2006}
Chapter
I
GENERAL
PROVISIONS
Article
1.
The Status of the National Council
1.
The National Council is the
constitutional, collegial authority acting on a permanent basis that
aims, in its activity, at supervising compliance with the Laws of
Ukraine in the sphere of television and radio broadcasting as well as
exercising the regulatory powers provided for by these Laws.
2.
The National Council is a legal entity, has a seal with its name and
the image of the State Coat of Arms of Ukraine.
Article
2.
Legislation of Ukraine on the National Council
The
National Council is guided in its activity by the Constitution of
Ukraine (254к/96-ВР),
Law of Ukraine “On Television and Radio Broadcasting” (3759-12),
this Law, other Laws of Ukraine.
Article
3.
Principles of the National Council’s Activity
1.
The National Council’s activity is based on the principles of
legality, independence, objectivity, transparency, accessibility to
the public, due account of cultural, ideological and political
diversity in society, regard for the generally acknowledged
international norms and standards in the sphere of television and
radio broadcasting, in-depth and comprehensive examination of issues
and substantiation of decisions made.
2.
The National Council shall not delegate its authority to third
persons. A National Council member shall not individually perform the
functions the National Council is vested with.
{Part
two of Article 3 in the wording of Law No.3317-IV (3317-15)
of 12.01.2006}
Chapter
II
СOMPOSITION
OF THE NATIONAL COUNCIL AND PROCEDURE FOR ITS FORMATION
Article
4.
Сomposition of the National Council
1.
The National Council is composed of eight persons. Four members of
the National Council are appointed by the Verkhovna Rada of Ukraine
and four members of the National Council are appointed by the
President of Ukraine.
2.
The National Council is empowered to act provided no fewer than six
of its members have been appointed.
3.
The authority of a National Council member commences on the day of
his/her appointment and lasts for five years, with the exception of
the cases provided for by this Law.
{Part
three of Article 4 as amended by Law No. 3317-IV (3317-15)
of 12.01.2006}
4.
One and the same person may be appointed as a National Council member
for a repeat term only once.
Article
5.
Appointment of National Council Members by the Verkhovna Rada of
Ukraine
1.
The Verkhovna Rada of Ukraine shall appoint National Council members
on an alternative basis within two months from the day of the
termination of the authority of the National Council member (members)
appointed by the Verkhovna Rada of Ukraine. The termination of a
National Council member’s authority shall be effected pursuant to
the decree of the Verkhovna Rada of Ukraine.
{Part
one of Article 5 as amended by Law No. 3317-IV (3317-15)
of 12.01.2006}
2.
Within three days from the day of termination of the authority of the
National Council member (members) appointed by the Verkhovna Rada of
Ukraine, the Verkhovna Rada of Ukraine committee competent to deal
with issues of television and radio broadcasting shall make public
via mass media and forward an announcement about selection of
candidates for the office of the National Council member (members) to
parliamentary factions and groups in the Verkhovna Rada of Ukraine.
Nominations of candidates shall be received by the designated
committee within 21 days from the day the announcement has been made
public. Subjects of the right to nominate candidates for the office
of the National Council member are parliamentary factions in the
Verkhovna Rada of Ukraine and/or all-Ukrainian associations of
citizens in the sphere of mass media activity.
{Part
two of Article 5 as amended by Law No. 3317-IV (3317-15)
of 12.01.2006}
3.
Within 14 days after the expiry of the term for accepting nominations
of candidates for the office of the National Council member (members)
the Verkhovna Rada of Ukraine committee competent to deal with issues
of television and radio broadcasting shall hold preliminary
discussions concerning the nominated candidates and submit for the
consideration of the Verkhovna Rada of Ukraine a respective proposal
with conclusions and recommendations concerning each candidate.
4.
Voting in the Verkhovna Rada of Ukraine with regard to the
appointment as a National Council member shall be held for each
candidate in the succession determined by preliminary rating voting.
A person whose appointment was voted for by the majority of the
constitutional composition of the Verkhovna Rada of Ukraine shall be
deemed appointed to the office of the National Council member.
5.
In the event that several candidates received equal number of votes
during the preliminary rating voting, the order of priority of voting
with regard to the appointment of each of them to the office of a
National Council member shall be determined by additional rating
voting concerning these candidates, which shall be held directly
before voting with regard to their appointment to the office of
National Council members.
6.
In the event that by the results of voting the required number of
National Council members has not been appointed, additional
appointment shall be held with the repetition of the entire procedure
for appointment starting with the announcement by the Verkhovna Rada
of Ukraine committee, which is competent to deal with the issues of
television and radio broadcasting, about selection of candidates to
the office of a National Council member (members).
Article
6.
Appointment of National Council members by the President of Ukraine
1.
The President of Ukraine shall appoint the National Council member
(members) within one month from the day of the termination of the
authority of the National Council member (members) appointed by the
President of Ukraine.
2.
A person on whose appointment a respective decree of the President of
Ukraine has been issued shall be deemed appointed to the office of
the National Council member by the President of Ukraine.
Article
7.
A National Council Member
1.
As a National Council member may be appointed a citizen from among
qualified specialists in the field of journalism, jurisprudence,
television and radio broadcasting, management, representatives of
science, culture and art who have higher education, work experience
in the sphere of television and radio broadcasting, in particular
scientific or teaching experience, no less than five years, have
command of the state language, who have resided in Ukraine for the
past ten years and by the moment of appointment have not attained the
age of retirement prescribed by Law. {Paragraph one of part one of
Article 7 in the wording of Law No. 3317-IV (3317-15)
of 12.01.2006}
A
person who has a criminal record for committing an intentional crime
shall not be appointed to the office of the National Council member
unless this record is cancelled or expunged pursuant to the procedure
established by law.
2.
National Council members are civil servants of the first rank.
3.
National Council members are employed on a permanent basis. For the
period of fulfilment of their official duties they shall not hold any
other offices, including those on a voluntary basis, in state
authorities and non-governmental organisations, institutions and
enterprises, receive remuneration and lump sum fees for other work,
with the exception of scientific, teaching and creative one (this
exception does not extend to scientific and creative activity in
television and radio broadcasting organisations).
A
National Council member shall be obliged, within a month from the day
of his/her appointment to office, to withdraw from the number of
founders (co-founders) of a television and radio broadcasting
organisation and dispose of his/her share in the television and radio
broadcasting organisation’s property.
4.
A National Council member is obliged to withdraw a representative
mandate within ten days after his/her appointment to office.
5.
A National Council member is obliged to:
–
participate in meetings of the National Council;
–
implement the National Council’s decisions;
–
prepare matters for the consideration by the National Council;
–
coordinate work of structural subdivisions of the National Council
apparat in accordance with the distribution of functional duties
determined by the National Council.
A
National Council member has the right to:
–
be familiarised with documents received by the National Council;
–
propose that matters belonging to the competence of the National
Council be placed on its meeting agenda;
–
speak at the National Council meetings, submit proposals with regard
to issues under consideration.
6.
A National Council member has an assistant-counsellor.
7.
After the expiry of the term of his/her authority as well as in the
event of its pre-term termination on the basis of his/her personal
application, a National Council member retains the right to return to
his/her previous job and if this is impossible ( in cases where the
enterprise, institution, organisation have been liquidated, if the
job has become redundant or the number of employees reduced, etc.),
the right to occupy another equivalent job pursuant to the
requirements of the legislation of Ukraine, by his/her consent.
{Part
seven of Article 7 as amended by Law No. 3317-IV (3317-15)
of 12.01.2006}
8.
The period of exercising his/her authority by a National Council
member is included into his/her overall length of service in
speciality.
Article
8.
Pre-term Termination of the Authority of a National Council Member
1.
Pre-term termination of a National Council Member authority may be
effected in the event of:
1)
submission of an application that he/she be dismissed from office of
his/her own will or acceptance of resignation in conformity with the
requirements of the Law of Ukraine “ On Civil Service of Ukraine”
( 3723-12); {Paragraph one of part one of Article 8 in the wording of Law No.
3317-IV ( 3317-15) of 12.01.2006
}
2)
his/her termination of citizenship of Ukraine or departure for
permanent residence beyond the borders of Ukraine;
3)
his/her non-compliance with the requirements envisaged by part three
of Article 7 of this Law;
4)
entry into legal force of a judgment of conviction with regard to
him/her;
5)
inability to discharge his/her duties due to his/her state of health
for six and more months where a medical opinion confirmed by the
court is available;
6)
failure to participate in National Council meetings for two months
without valid reasons therefor;
7)
finding him legally incapable or restricting his civil capacity,
finding him/her missing or pronouncing him/her dead;
8)
his/her death.
2.
In cases envisaged by paragraphs 1 and 8 of part one of this Article,
the decision on pre-term termination of the authority of a National
Council member is made by the National Council.
In
cases envisaged by paragraphs 2, 4 and 7 of part one of this
Article, the decision on pre-term termination of the authority of a
National Council member is made by the National Council upon a
submission of the National Council chairman or three members of the
National Council. This decision may be challenged before the court
within 15 days from the day of its adoption. The decision enters into
force from the day of expiry of this term and in the event of its
challenge – from the day of entry into legal force of the court
judgment.
In
cases envisaged by paragraphs 3, 5 and 6 of part one of this
Article, the decision on pre-term termination of the authority of a
National Council member is made by the court upon application of the
chairman of the National Council or three members of the National
Council. The court judgment on pre-term termination of a National
Council member may be challenged pursuant to the procedure
established by law.
3.
In the event of pre-term termination of the authority of a national
Council member, a new member of the National Council is appointed in
conformity with the requirements of Articles 5 and 6 of this Law.
Article
9.
The National Council Chairman
1.
The National Council Chairman is elected by the National Council from
among the National Council members by secret ballot. Candidates for
the office of the National Council chairman are nominated upon
submission of no less than three members of the National Council. A
candidate for whom no less than five members of the National Council
voted shall be deemed elected to the office of the National Council
chairman.
2.
The National Council Chairman shall:
–
organise the activity of the National Council;
–
submit for the consideration of the National Council issues to be
placed on the agenda of a National Council meeting having regard to
proposals of the National Council members;
–
preside over meetings of the National Council;
–
сonvene meetings of the National Council;
–
make public the annual report on the activity of the National Council
and forward it to the Verkhovna Rada of Ukraine and the President of
Ukraine;
–
represent the National Council in state authorities and bodies of
local self-government, in relations with natural persons and legal
entities in Ukraine and beyond the borders of Ukraine;
–
sign, together with the executive secretary of the National Council,
decisions of the Council and make them public;
–
sign, together with the executive secretary of the National Council,
licences issued by the National Council;
–
be entitled to participate with the right of a deliberative vote in
meetings of the Cabinet of Ministers of Ukraine, the central body of
executive power in the sphere of communication, other state
authorities and bodies of local self-government during the
examination by these authorities of issues with regard to activity in
the sphere of television and radio broadcasting;
–
exercise other powers provided for by this Law and Acts of the
National Council adopted in conformity with it.
3.
Pre-term termination of the authority of the National Council
chairman shall be effected:
–
in the event of pre-term termination of his/her authority as a
National Council member pursuant to Article 8 of this Law;
–
of his/her own will;
–
in the event of a respective decision made by the National Council.
4.
The National Council shall examine the issue of pre-term termination
of the authority of the National Council chairman upon a written
submission of no less than three National Council members and not
earlier than a year after his/her election or after preliminary
examination of the issue with regard to pre-term termination of
his/her authority.
5.
Termination of the authority as the National Council chairman shall
not terminate his/her authority as a National Council member.
6.
In the event that the authority of the National Council chairman is
terminated, election to this office shall be effected pursuant to the
procedure provided for by part one of this Article.
7.
The National Council chairman manages budget appropriations for the
maintenance and provision of the activity of the National Council
and, on the basis of the National Council decisions, extra-budgetary
funds, other money transferred to the account of the National Council
from sources not prohibited by the legislation of Ukraine.
{Article
9 was supplemented by part seven pursuant to Law No. 3317-IV
(3317-15)
of 12.01.2006}
Article
10.
First Deputy, Deputy Chairman, Executive Secretary of the National
Council
1.
First deputy, deputy chairman and executive secretary of the National
Council are elected from among National Council members by secret
ballot. A candidate to the office of first deputy, deputy chairman
and executive secretary of the National Council is nominated upon
submission of no less than three National Council members. The
candidate for whose election no less than five National Council
members voted shall be deemed elected to the respective office.
2.
It shall not be permitted to elect as an executive secretary a member
of the National Council appointed by the subject that appointed the
National Council member holding office of the National Council
chairman.
3.
First deputy of the National Council chairman acts as the National
Council chairman in the event that the National Council chairman is
absent or in the event that it is impossible for him/her to exercise
his/her authority.
4.
Deputy chairman of the National Council acts as the National Council
chairman in the event of absence of the National Council chairman and
first deputy of the National Council or in the event that it is
impossible for them to exercise their authority and also acts as
executive secretary in the event of his/her absence or where it is
impossible for him/her to exercise his/her authority.
5.
The executive secretary prepares draft of the agenda of a National
Council meeting, initials it and supervises preparation of matters
for examination, signs, together with the National Council chairman,
licences issued by the National Council.
6.
If first deputy, deputy chairman, executive secretary of the
National Council have not been elected or they fail or refuse to
perform their official duties, the National Council, by its
resolution, entrusts other National Council members with temporary
performance of these official duties.
7.
The authority of first deputy, deputy chairman and executive
secretary of the National Council may be terminated before the expiry
of the term:
–
in the event of pre-term termination of their authority as National
Council members in accordance with Article 8 of this Law;
–
of their own will;
–
pursuant to decision of the National Council.
8.
The National Council examines the issue of terminating the authority
of first deputy, deputy chairman or executive secretary of the
National Council upon a written submission of no less than three
members of the National Council.
9.
Termination of the authority of first deputy, deputy chairman or
executive secretary shall not terminate their authority as National
Council members.
10.
In the event that the authority of first deputy, deputy chairman or
executive secretary of the National Council is terminated, election
to these offices shall be effected pursuant to the procedure provided
for by part one of this Article.
Article
11.
National Council Representatives in the Autonomous Republic of
Crimea, Regions, Cities of Kyiv and Sevastopol
1.
To ensure the exercise of the authority of the National Council in
the Autonomous Republic of Crimea, regions, cities of Kyiv and
Sevastopol representatives of the National Council are appointed.
2.
National Council representatives are appointed to office by the
National Council on a competitive basis for a term of four years.
The
terms of the competition are approved by the National Council
decision.
A
National Council representative is an officer of the National Council
apparat and discharges official functions in accordance with the
National Council apparat manning table.
{Part
two of Article 11 as amended by Law No. 3317-IV (3317-15)
of 12.01.2006}
3.
The office of the National Council representative belongs to civil
servants third rank.
4.
A National Council representative is employed on a permanent basis
and for the period of discharging his/her official duties shall not
hold any other office in state authorities and non-governmental
organisations, institutions and enterprises, receive remuneration and
lump sum fees for any other work except for scientific, teaching and
creative (this exception shall not cover scientific and creative work
in television and radio broadcasting organisations).
5.
A National Council representative shall be obliged, within a month
from the day of his/her appointment to office, to withdraw from the
number of founders (co-founders) of a television and radio
broadcasting organisation and dispose of his/her share in the
television and radio broadcasting organisation’s property.
6.
A National Council representative is obliged to withdraw a
representative mandate within ten days after his/her appointment to
office.
7.
A National Council representative shall be obliged to:
–
exercise supervision over licensees’ compliance with the terms of
licences;
{Paragraph
two of part seven of Article 11 in the wording of Law No. 3317-IV
(3317-15) of 12.01.2006}
–
exercise supervision over licensees’ compliance with licensing
requirements and terms of a licence;
–
monitor television and radio broadcasting;
–
exercise supervision over licensees’ compliance with the
broadcasting procedure during electoral campaigns and referenda as
established by law, informing the Central Electoral Commission,
respective territorial electoral commissions, and the National
Council of the disclosed violations;
–
file motions with the National Council concerning facts of breaches
of legislation in the sphere of television and radio broadcasting.
8.
A National Council representative shall be obliged to abide by the
National Council decisions, instructions of the National Council
chairman, his/her deputies and the National Council apparat chief
executive.
9.
A National Council representative shall be obliged to send licensees
notifications that they breached legislation and/or licensing
requirements and licence conditions not later than ten days after the
disclosure of breaches.
10.
A National Council representative is entitled to receive from
licensee’s officials documents and explanations required for the
exercise of their authority.
11.
A National Council representative shall submit an annual report on
his/her work to the National Council and make it public on the
respective territory.
12.
Regulations on National Council representatives shall be approved by
the National Council.
13.
For organisational, legal, informational and logistic provision of
the activity of a National Council representative and the exercise of
the National Council representative’s authority determined by this
Law, National Council representative’s Secretariat shall be
established.
14.
The Secretariat of the National Council representative is a
structural subdivision of the National Council’s apparat.
Article
12.
The National Council’s Apparat
1.
For legal, scientific, informational, organisational, logistic and
other provision of the activity of the National Council, the National
Council’s apparat is established.
2.
The National Council’s apparat is headed by the National Council’s
apparat chief executive (hereinafter – apparat chief executive). A
National Council member shall not be appointed to the office of
apparat chief executive.
3.
The structure, manning table and regulations on the National
Council’s apparat shall be elaborated and approved by the National
Council.
4.
The apparat chief executive and chiefs of structural subdivisions of
the National Council’s apparat are appointed and dismissed from
office by the National Council.
5.
The termination of National Council members’ authority shall not be
the grounds for rescinding labour contracts with the National
Council’s apparat employees.
6.
The National Council’s apparat employees are civil servants, ranks
of offices thereof being equal to respective ranks of offices of the
Cabinet of Ministers of Ukraine apparat.
{Part
six of Article 12 as amended by Law No. 3317-IV (3317-15)
of 12.01.2006}
Chapter
III
AUTHORITY
OF THE NATIONAL COUNCIL
Article
13.
Supervisory Authority of the National Council
The
National Council exercises:
–
supervision over compliance with the requirements of legislation in
the sphere of television and radio broadcasting by television and
radio broadcasting organisations and programme service providers;
{Paragraph
two of Article 13 in the wording of Law No. 3317-IV (3317-15)
of 12.01.2006}
–
supervision over licensees’ compliance with the requirements of
legislation of Ukraine on advertising and sponsorship in the sphere
of television and radio broadcasting;
–
supervision over licensees’ compliance with licensing requirements
and terms of licences;
–
supervision over licensees’ compliance with the procedure of
broadcasting during election campaigns and referenda as determined by
legislation;
–
supervision over compliance with standards and norms of technical
quality of television and radio programmes;
–
supervision over television and radio broadcasting organisations’
compliance with the legislation of Ukraine in the sphere of
cinematography;
–
supervision over television and radio broadcasting organisations’
compliance with the requirements of the legislation of Ukraine with
regard to the share of national product in their programmes(channels)
and concerning the use of languages in television and radio
broadcasting;
–
supervision over television and radio broadcasting organisations’
compliance with the legislation in the sphere of protection of public
morals;
–
supervision over television and radio broadcasting organisations’
compliance with the requirements of the legislation on foreign
investments share in their constituent capital
(Paragraph
10 Article 13as
amendedby
the Law N2850-VI
(2850-17) as of22.12.2010);
–
imposition of sanctions within the limits of its authority in
accordance with law;
–
official monitoring of television and radio programmes.
Article
14.
Regulatory Authority of the National Council
The
National Council fulfils regulatory functions provided for by the
legislation of Ukraine in the sphere of television and radio
broadcasting, viz:
–
licensing television and radio broadcasting; licensing programme
service providers;
{Article
14 has been supplemented by the paragraph pursuant to Law No. 3317-IV
(3317-15)
of 12.01.2006}
–
participating in the elaboration and approval of the draft of the
National Table of distribution of radio frequencies bands of Ukraine
and Plan of using radio frequency resource of Ukraine with regard to
radio frequency bands allocated for the needs of television and radio
broadcasting;
–
elaborating terms for the use and determining users of the radio
frequency resource allocated for the needs of television and radio
broadcasting;
–
ensuring and promoting competition in the activity of television and
radio organisations of all forms of ownership pursuant to the
requirements of legislation,
–
creating conditions in order to prevent elimination, restriction or
distortion of competition in television and radio information space;
–
keeping State Register of television and radio broadcasting
organisations of Ukraine.
Article
15.
The National Council’s Authority with Regard to Organisation and
Prospects of Development of Television and Radio Broadcasting
The
National Council’s authority with regard to organisation and
prospects of television and radio broadcasting development comprises:
–
participation in the development and implementation of state policy
in the sphere of television and radio broadcasting;
–
elaboration and approval of the Plan of development of national
television and radio information space;
{Article
15 has been supplemented by the paragraph pursuant to Law No. 3317-IV
(3317-15)
of 12.01.2006
}
–
making analysis of the state of television and radio broadcasting in
Ukraine;
–
making decisions on setting up and developing broadcasting channels,
broadcasting networks, television networks that envisage use of radio
frequencies resource;
–
determining the procedure for the technical designing of multichannel
television networks that envisage using radio frequencies resource
and procedure for putting technical design, servicing and maintenance
of such networks out for tender;
–
ordering expert opinions on electromagnetic compatibility of
radioelectronic means of broadcasting;
–
promoting integration of television and radio broadcasting
organisations of Ukraine into world information space and the
exercise of their activity in conformity with international
standards;
–
generalising the practice of applying legislation in the sphere of
television and radio broadcasting, participating in elaborating
proposals to improve legislation in this sphere;
–
carrying out cooperation in matters concerning television and radio
broadcasting with international organisations, state authorities and
non-governmental organisations of other countries;
–
determining the procedure for documenting, keeping register and
storing by television and radio organisations copies (records) of
programmes, broadcasts and telecasts that go on the air, creation of
temporary archives and archive fund of television and radio
organisations in conformity with the legislation of Ukraine;
–
setting up and maintaining state archives of television and radio
broadcasting of Ukraine pursuant to the procedure established by law.
Article
16.
Accountability of the National Council
1.
The activity of the National Council is open, and their decisions are
accessible for subjects of informational relations.
2.
The National Council prepares the annual report on their activity,
makes it public by 1 February of the year that follows the report
year and without delay forwards the report to the Verkhovna Rada of
Ukraine and the President of Ukraine. The report on the activity of
the National Council is presented at the meeting of the Verkhovna
Rada of Ukraine by the National Council chairman.
3.
The report of the National Council shall specify:
–
the objectives determined by the Plan of development of the national
television and radio information space for the report period and
results of their implementation;
{Part
three of Article 16 has been supplemented by the paragraph pursuant
to Law No 3317-IV (3317-15)
of 12.01.2006)
–
information on the amendments introduced to the Plan of development
of the national television and radio information space for the report
period; { Part three of Article 16 has been supplemented by the
paragraph pursuant to Law No. 3317-IV (3317-15)
of 12.01.2006}
–
the objectives determined by the Plan of development of the national
television and radio information space for the next report period;
{Part
three of Article 16 has been supplemented by the paragraph pursuant
to Law No. 3317-IV (3317-15)
of 12.01.2006}
–
results of television and radio broadcasting licensing for the report
period;
–
information on television and radio broadcasting organisations’
compliance with licensing requirements and terms of licences;
–
information on television and radio broadcasting organisations’
compliance with the requirements of legislation with regard to the
national product share in programmes (broadcasts);
–
information on television and radio broadcasting organisations’
compliance with the requirements of legislation with regard to
advertising and sponsorship;
–
information on compliance with the requirements of legislation on
foreign capital participation in television and radio broadcasting
organisations’ constituent
capitals and with the requirements of television and radio
broadcasting organisations’ constituent and statutory documents
(Part 9 Paragraph 3 Article 16 as amendedby
the Law N2850-VI
(2850-17) as of22.12.2010);
–
founders (owners) of television and radio broadcasting organisations,
evaluation of the state of competition and the level of
monopolisation of television and radio information market.
4.
After holding elections and referenda the National Council shall make
public a report on television and radio broadcasting organisations’
compliance with the procedure for broadcasting during election
campaigns and referenda as established by the legislation.
5.
As a result of scrutinising the report of the National Council the
Verkhovna Rada of Ukraine may express no confidence in the National
Council. If no confidence is also expressed by the President of
Ukraine, that shall result in the resignation of the entire
composition of the National Council.
{Part
five of Article 16 in the wording of Law No. 3317-IV (3317-15)
of 12.01.2006}
Article
17.
Acts of the National Council
1.
The National Council within the limits of its authority adopts
regulatory acts, including legal ones, as well as other actsof
individual action.
2.
Regulatory acts, including legal ones, shall pass all stages of
adoption and promulgation of the acts, as defined by the law of
Ukraine “On the
Principles of Regulatory Policy in Economic Activity”
(1160-15). The National Council Acts, which according to the Law are
regulatory acts, shall be adopted and promulgated with the
requirements of the Law of Ukraine “On the
Principles of Regulatory Policy in Economic Activity”.
(Paragraph 2 Article 17 with changes according to Law N 2388-VI
(2388-17) as of 01.07.2010)
3.
Regulatory
and legal acts, in addition to the requirements stipulated in
Paragraph Two
of this article, shall undergo state registration in
the Ministry of Justice of Ukraine.
4.
Acts of the National Council, which are non-regulatory, shall be
published on the official Web site of the National Council not later
than a day after their adoption, passed for publication in print
media of the National Council and come into force from the date of
their adoption, unless otherwise provided in the very act, but not
before the date of their publication. (Article 17 as
amended byLaw
N1722-VI
(1722-17) as
of 17.11.2009)
Article
18. Principles of
Television and Radio Broadcasting Licensing
1.
Television and radio broadcasting licensing shall be effected by the
National Council.
2.
A television and radio broadcasting licence of the National Council
is the only and sufficient document of permit nature that grants a
licensee the right to television and radio broadcasting.
3.
The procedure for television and radio broadcasting licensing is
determined by the Law of Ukraine “On Television and Radio
Broadcasting” (3759-12).
(
Paragraph 4 Article 18 omitteddue to the Law N
1573-VI ( 1573-17) as of 25.06.2009
4.
The amount of payment for the issuance, extension, re-registration of
a television and radio broadcasting licence and for the issuance of a
licence duplicate shall be determined by the Cabinet of Ministers of
Ukraine.)
Article
19.
State Registration of Television and Radio Organisations and
Programme Service Providers
The
National Council conducts state registration of television and radio
organisations and programme services providers and keeps respective
registers pursuant to the procedure determined by the Law of Ukraine
“ On Television and Radio Broadcasting” (3759-12).
{Article
19 in the wording of Law No. 3317-IV (3317-15)
of 12.01.2006}
Article
20.
State Archives of Television and Radio Broadcasting of Ukraine
1.
The National Council, pursuant to the procedure established by law,
maintains state archives of television and radio broadcasting of
Ukraine.
2.
The Regulations on the state archives of television and radio
broadcasting of Ukraine shall be approved by the National Council and
the central body of executive authority in the sphere of archives and
record keeping.
Article
21.
Sanctions for Violations of Legislation on Television and Radio
Broadcasting
The
National Council shall impose sanctions on violators of television
and radio broadcasting legislation in accordance with the
requirements of the Law of Ukraine (3759-12).
{Article
21 in the wording of Law No. 3317-IV (3317-15)
of 12.01.2006}
Article
22.
Securing Rights of Television Viewers and Radio Listeners
1.
The National Council within the limits of its authority shall secure
rights of television viewers and radio listeners.
The
National Council organises research into audiences of television
viewers and radio listeners, other sociological research into the
state of television and radio broadcasting and also public opinion
polls to survey popularity and quality of programmes or broadcasts
that are transmitted (re-transmitted) by television and radio
broadcasting organisations.
The
National Council analyses and generalises citizens’ petitions and
proposals in the sphere of television and radio broadcasting, as a
result of their scrutiny takes respective measures of reaction.
4.
The National Council informs citizens of its activity through mass
media.
5.
The National Council has the right to be the founder (co-founder) of
printed mass media.
{Article
22 has been supplemented by part five pursuant to Law No. 3317-IV
(3317-15)
of 12.01.2006}
Chapter
IV
ОRGANISATION
OF ACTIVITY OF THE NATIONAL COUNCIL
Article
23.
Rules of the National Council
The
procedure for organisation and internal work of the National Council
not regulated by this Law is determined by the Rules of the National
Council, which shall be approved by the majority of the composition
of the National Council upon submission of the chairman or no less
than three National Council members.
The
Rules of the National Council shall not contravene the requirements
of the Constitution of Ukraine (254к/96-ВР),
this Law and other laws of Ukraine.
Article
24.
Meetings of the National Council
1.
Meetings of the National Council are convened by the National Council
chairman in accordance with the Rules of the National Council on
his/her own initiative or upon request of no less than three National
Council members.
2.
Solely at meetings of the National Council:
–
drafts of legislative and other normative acts and proposals with
regard to improvement of legislation in the sphere of television and
radio broadcasting are discussed;
–
Rules of the National Council, regulations and other normative acts
of the National Council are approved;
–
the Plan of development of the national television and radio
information space and amendments thereto are approved; {Part two of
Article 24 has been supplemented by the paragraph pursuant to Law No.
3317-IV (3317-15)
of 12.01.2006}
–
the annual report on the activity of the National Council is
approved;
–
decisions are made about setting up and developing broadcasting
channels, broadcasting networks and the television networks that
envisage using radio frequency resource;
–
decisions are made about announcement of competitions for granting
television and radio broadcasting licences and competition terms are
approved;
–
decisions are made on issuance, extension, re-registration of
television and radio broadcasting licences and on introducing
amendments to licences;
–
the manning table of the National Council apparat is approved;
–
decisions are made on issuance and extension of programme service
providers’ licences, on approval of and introducing amendments to
respective packages of programmes of the universal programme service;
{Part
two of Article 24 has been supplemented by the paragraph pursuant to
Law No. 3317-IV (3317-15)
of 12.01.2006}
–
chief executive of the National Council’s apparat and heads of
structural subdivisions of the National Council’s apparat are
appointed and dismissed;
–
the National Council representatives in the Autonomous Republic of
Crimea, regions, cities of Kyiv and Sevastopol are appointed and
dismissed;
–
decisions are made on imposing sanctions and on filing an application
with the court that the licence be revoked;
–
decisions are made on imposing sanctions and on filing an application
with the court that the broadcasting licence be revoked or that state
registration of a programme service provider be nullified;
{Part
two of Article 24 has been supplemented by the paragraph pursuant to
Law No. 3317-IV (3317-15)
of 12.01.2006}
–
standards and norms of technical quality of television and radio
programmes are approved;
–
decisions are made on the issuance of powers of attorney to represent
the National Council in the court;
–
working organs of the National Council (nominating commissions,
working groups, etc.) are set up.
3.
National Council meetings are open.
4.
A National Council meeting is competent provided it is attended by no
less than six National Council members.
5.
At meetings of the National Council the issues of television and
radio broadcasting licences issuance, extension, re-registration or
the issue of sanctions imposition on licensees are examined in the
presence of authorised representatives of respective licensees to the
effect thereof they are notified in writing by the National Council
no later than three days prior to the meeting. Such a meeting may be
held without these persons’ participation on condition that there
are data that the notification of the time and place of holding the
meeting was served on them and if there are no valid reasons for
postponing the meeting.
6.
The National Council’s decision shall be deemed adopted if no less
than five National Council members voted for it.
7.
The National Council’s decision shall be signed within three days
after its adoption by the National Council chairman and executive
secretary or by persons fulfilling their official duties. In the
event that it is impossible for the National Council chairman (or the
person fulfilling his official duties) or if he/she refuses to sign
the decision of the National Council, the decision may be signed by
five members of the National Council who participated in the
respective meeting of the National Council.
8.
At a meeting of the National Council minutes are kept, which shall be
signed within three days after the meeting by the National Council
chairman (or the other person who presided at the meeting) and the
executive secretary of the National Council (or the National Council
member fulfilling his/her official duties) no later than four days
after the meeting was held. In the event that it is impossible for
the National Council chairman (or the person who presided at the
meeting) or if he/she refuses to sign the decision of the National
Council, the decision may be signed by five members of the National
Council who participated in the respective meeting of the National
Council. the executive secretary of the National Council (or the
National Council member fulfilling his/her official duties)or if they
refuse to sign the minutes of the meeting, the minutes may be signed
by no less than five members of the National Council who participated
in the meeting.
(Part
9 Article 24 is omittedaccording to LawN1722-VI
(1722-17) of17.11.2009
9.
All decisions of the National Council shall be made public no later
than ten days after their adoption.
Decisions
of individual effect adopted by the National Council shall enter into
force from the day of their adoption.
Decisions
of the National Council of normative legal nature shall enter into
force from the day they are made public. )
10.
Upon request of the licensee concerning whom a decision was made, the
National Council shall issue a copy of the meeting minutes and a copy
of the National Council decision within four days’ term from the
day of the licensee’s petition.
Article
25.
Financial Provision of the National Council
1.
The activity of the National Council shall be funded from the State
Budget of Ukraine. Herewith expenses of the National Council are
envisaged in the State Budget of Ukraine as specific budget
programmes for:
–
the management in the sphere of television and radio broadcasting;
–
official monitoring of television and radio programmes;
–
elaboration and implementation of the Plan of development of the
national television and radio information space, introduction of new
technologies and carrying out research into the use of radio
frequencies resource for the purposes of television and radio
broadcasting; {Paragraph four of part one of Article 25 in the
wording of Law No. 3317-IV (3317-15)
of 12.01.2006}
–
elaboration of conclusions with regard to electromagnetic
compatibility of radioelectronic means of broadcasting required for
setting up and developing broadcasting channels, broadcasting
networks and television networks;
–
maintenance of state archives of television and radio broadcasting of
Ukraine.
2.
Proceeds of payment for the issuance of licences and other services
provided by the National Council are credited to the income part of
the State Budget of Ukraine.
Article
26.
Seat of the National Council
The
seat of the National Council is the city of Kyiv.
Chapter
V
FINAL
PROVISIONS
1.
This Law enters into force from the day of its publication.
2.
The Cabinet of Ministers of Ukraine, within a two-month term, shall:
–
bring its normative legal acts into conformity with this Law and
secure respective revision of normative legal acts by the Ministries
and other central bodies of executive power;
–
adopt acts the need for the adoption of which ensues from this Law;
–
draft and submit for the consideration of the Verkhovna Rada of
Ukraine proposals for introducing amendments to the laws of Ukraine
in view of the adoption of this Law.
President
of Ukraine
L.Kuchma
City
of Kyiv, 23 September 1997
No. 538/97-ВР