THE LAW OF UKRAINE On Television and Radio Broadcasting
(The Vidomosti Verkhovnoi Rady Ukrainy (VVR), 2006, No. 18, p. 155)
The Verkhovna Rada of Ukraine resolves to amend the Law of Ukraine On
Television and Radio Broadcasting
(3759-12) (The Vidomosti Verkhovnoi Rady Ukrainy, 1994, No. 10, p. 43; 1995,
No. 13, p. 85; 1996, No. 5, p. 18; 1997, No. 15, p. 115; 1998, No. 2, p. 6, No.
34, p. 233, No. 49, p. 302; 1999, No. 41, p. 373; 2000, No. 27, p. 213, No. 32,
p. 257), which shall henceforth read as follows:
This Law shall, in accordance with the Constitution of Ukraine and the Law of
Ukraine ‘On Information’, govern the activities of TV and radio broadcasting
organizations in the territory of Ukraine and set forth the legal, economic,
social, and organizational terms of their operations, aimed at promotion of
free speech, the rights of citizens to receive exhaustive, reliable and
up-to-date information and to open and free discussion of social issues.
Section I. GENERAL PROVISIONS
Article 1. Definitions
For the purposes of this Law-
‘audio-visual information’ means any signals that are perceived by the auditory
and visual receptors of a human being and identified as messages about events,
facts, developments, phenomena, processes, and knowledge about persons and,
also, comments (opinion) in their respect, which are published by means of
images and sounds;
‘audiovisual article’ means any portion of a TV/radio programme which has a
certain duration, original title and distinctive concept, comprises episodes or
complete original products united by a common creative concepts, imagery and
sounds, and is the result of a common effort of authors, performers and
producers.
‘audio-visual (electronic) mass media’ means an organization which offers
audiovisual information for general reception as transmitted in the form of
electric signals and received by means of consumer electronic devices;
‘multichannel (on-air/ cable) network’ means a public telecommunication network
intended for transmission of TV/sound programmes and also provision of other
telecommunication and multimedia services, capable of simultaneous transmission
of several TV/ radio programmes;
‘house distribution network’ means a telecommunication network intended for
distribution of TV and radio programmes to individual premises (quarters) of a
house, which is part of internal communication lines of a building and does not
belong to a multichannel network;
‘local product’ means programmes and broadcasts or parts thereof, which have
been, wholly or partially, created and/or financed by a given broadcasting
organization;
‘broadcasting organization owner’ means a physical or legal person that have
acquired ownership in a broadcasting organization or a stake in the statutory
fund thereof, by way of establishment or in any other lawful way;
‘public telecommunications organizations’ means broadcasting organizations
which the law treats as non-for-profit institutions established for the purpose
of meeting information needs of territorial communities;
‘state-run broadcasting organizations’ means broadcasting organizations which
are public enterprises founded by public authorities;
‘air-time’ means a period of time during which a broadcasting organization,
acting under its broadcasting license, transmits (re-transmits) programmes and
broadcasts.
‘television channel’ means a bandwidth assigned for television and specified in
the Ukrainian Bandwidth Resource Usage Schedule.
‘broadcast channel’ means the totality of broadcasting facilities (cable,
optical, wireless) intended for transmission of TV and/or sound programmes to
such area as is determined by the parameters of such facilities, which allow
real-time transmission of not more than one TV/radio programme;
‘multiple network channel’ means a segment of a multichannel system television
network, allowing real-time broadcasting of one TV/radio programme;
‘community broadcasting organization’ means a broadcasting organization
lawfully established by local self-government authorities with the
participation of a local community, where at least a half of the stock or
shares of statutory fund are owned by the community;
‘tender deposit’ means a cash contribution in the amount defined by the
National Broadcasting Council of Ukraine, confirming the intention and
commitment of a participant bidding for a license;
‘broadcast license’ means an official government deed issued by the National
Broadcasting Council of Ukraine, certifying the right of the license-holder to
carry out broadcasting, use broadcasting channels and/or networks, and, also
multichannel networks, in accordance with the terms of such license;
‘programme service provider’s license’ means an official government deed issued
by the National Broadcasting Council of Ukraine, certifying the right of the
license-holder to provide programme service with the use of multichannel
network bandwidth;
‘licensing requirements’ means the qualifying, organizational, technical,
technological, financial and economic, as well as the special requirements to
be met for the purpose of acquiring a broadcast license;
‘licensee (license holder)’ means a physical or legal person to whom the National
Broadcasting Council of Ukraine has issued a relevant license;
‘broadcast licensing’ means the issue, extension, renewal, revocation or
amendment of broadcast licenses, issue of duplicate broadcast licenses, keeping
of licensing files and registers, supervision over licensees’ compliance with
the licensing requirements and terms, issue of orders requesting elimination of
violations in the area of licensing requirements or terms, as well as orders
requesting elimination of violations of the broadcast licensing legislation;
‘logotype (trademark, commercial label)’ means any combination of marks (words,
digits, imagery or colours), capable of distinguishing programmes or broadcast
of one broadcasting organization from those of another;
‘broadcasting (TV/radio broadcasting)’ means production (consolidation and/or
packaging) and distribution of programmes, programme packages and broadcasts
with the use telecommunication facilities for the purpose of public reception
by means of domestic television sets or radio receivers, either in an
unscrambled form or for a subscription fee on the contractual basis;
‘broadcaster’ means a business, which creates (consolidates and/or packages)
television or sound programmes and broadcasts and distributes same in an
unscrambled or scrambled form with the help of technical means by way of
transmission, re-transmission for direct reception by customers;
‘broadcast network’ means a totality of licensed broadcasting channels,
telecommunication networks frequencies and satellites used by a broadcaster to
distribute TV or radio programmes and broadcasts;
‘domestic audio-visual product’ means programmes, films and audiovisual
articles produced by Ukrainian physical or legal persons.
‘multichannel network operator’ means a business (legal or physical person)
providing service and technical maintenance of a multichannel network pursuant
to the Law of Ukraine ‘On Telecommunications’ without the right to provide
programme (information) service;
‘programme package’ means a list of TV and radio programmes offered on a
contractual basis to subscribers by a programming service provider;;
‘broadcast (TV/radio broadcast)’ means a portion of a television or radio
programme, complete in terms of content, with its corresponding title, volume of
broadcasting and copyright, which can be independently of other portions of the
programme and is regarded as an integral information product;
‘programming service provider’ means a business which, under a license issued
by the National Broadcasting Council of Ukraine, uses multichannel network
resources to provide contractual subscribers with viewable programme services;
‘wired radio network’ means a system of structures and technical facilities
integrated in a technological process, which is designed to transmit one or
several radio programmes over an artificial closed medium (wire);
‘programme (TV/radio programme)’ means a totality of broadcasts
(TV/radiobroadcasts) united by a single creative idea, under an unvarying
title, transmitted by a broadcasting organization according to a certain
programme schedule;
‘programming service’ means formation of programme packages and providing
subscribers with a possibility to review such on a contractual basis;
‘programming philosophy’ means a mandatory rider to a broadcasting license
whereby essential characteristics of broadcasting are determined in accordance
with this Law;
‘live broadcast’ means direct distribution of TV or radio broadcasts without
prior recording and editing;
‘re-transmission’ means reception and immediate distribution, through any
technical means, of programmes and/or broadcasts (or considerable portions
thereof) transmitted by a broadcaster;
‘programme schedule’ means free non-copyrighted information generated by
broadcasting organizations, about the broadcasting sequence and duration of TV
and radio broadcasts over a specified period of time;
‘broadcast format’ means a document containing the list, sequence, titles and
air time of TV and/or radio programmes and broadcasts and reflecting essential
characteristics of the programming philosophy for a specific period;
‘community antenna system’ means a system of equipment allowing a
subscription-free reception using domestic receivers, within a single building,
of TV and/or radio programmes, without limitation of choice of the programmes
and without the right of further distribution of same;
‘social broadcasting’ means broadcasts or programmes providing education,
instruction and reference as well as broadcasts for people with impaired hearing
or sight, as well as environmental awareness programmes and broadcasts;
‘subject of information activity’ means any of the legal persons doing business
in the area of television and sound broadcasting (TV/sound broadcasters,
programming service providers etc);
‘public service broadcasting’ means an organizational and legal form of
non-commercial television and sound broadcasting, its standards of activity
determined by the Law of Ukraine ‘On Public Broadcasting System of Ukraine’;
‘sponsorship’ means participation of a physical or legal person in financing,
directly or indirectly, programmes with a view to promoting his name, brand,
trademark or personal image;
‘production studio (independent producer)’ means a physical or legal person
which creates (produces, originates) films, advertising, individual TV or radio
programmes or broadcasts;
‘channel sublease’ means formalised or covert cession of a licensed
broadcasting channel (time) to another corporation or individual, including any
regular re-transmission of programmes and broadcasts of other broadcasting organizations
which is not covered by the terms of license (programming philosophy);
‘television’ means production of audiovisual programmes or broadcasts or
consolidation (packaging) thereof and their distribution by any technical
means;
‘broadcasting organization’ means a lawfully registered corporation which,
acting under a license issued by the National Broadcasting Council of Ukraine,
creates or consolidates and/or packages TV and sound programmes and/or
broadcasts and distributes same by any of broadcasting technologies;
‘TV/radio journalist’ means a full-time or part-time member of a broadcasting organization’s
production personnel who professionally collects, obtains, generates and edits
information for dissemination;
‘member of TV/radio personnel’ means a full-time or part-time employee of a
broadcasting organization who is professionally and functionally involved in
creation and distribution of TV/radio programmes and broadcasts;
‘broadcasting technologies’ means a totality of radio electronic means and
equipment used to deliver programmes and broadcasts to consumers;
‘transmission’ means original distribution of unencrypted and encrypted TV and
radio programmes by terrestrial transmitters over cable or satellites, intended
for reception by general public;
‘license terms’ means the organizational, technological and content-related
broadcasting characteristics determined by the broadcasting license and
schedules thereto, as well as organizational and technical, financial, and
investment commitments of the licensee organization.
‘versatile programming service’ means mandatory provision of subscribers with a
possibility to review a package comprising programmes of broadcasting organizations
that carry out authorised terrestrial on-air broadcasting in the service area
of a respective multichannel network, except where subscribers use individual
receiving equipment or systems.
Article 2. Scope
1. This Law shall apply to any relations between subjects of television and
radio broadcasting activities, regardless of their ownership structure, purpose
of establishment, type of statutory activity or method of distribution of TV
and radio programmes and broadcasts intended for reception by general public.
2 Unless otherwise is provided by regularly ratified international agreements,
this Law shall also apply to organizations located outside the country which
operate under the laws of foreign states, however, to the extent that it
regulates the procedure of distribution of their programmes and broadcasts in
the territory of Ukraine.
3. This Law shall not apply to such relations as govern the principles of
establishment and operation of closed circuit and special-purpose TV and radio
systems whose broadcasts are not intended for general reception.
Article 3. Broadcasting legislation
1. The broadcasting legislation of Ukraine shall consist of the Constitution of
Ukraine, the Law of Ukraine ‘On information’, this Law, the Laws ‘On public
service broadcasting’, ‘On the National Broadcasting Council of Ukraine’, ‘On
Telecommunications’, On Radio-Frequency Resource’ the regularly ratified
international agreements.
Article 4. Main premises of public policy in the area of broadcasting
1. The government shall carry out the policy of protectionism in respect of
distribution of domestic programmes and broadcasts.
2. The government shall create conditions, by means of television and sound
broadcasting, for meeting cultural and informational needs of Ukrainian
citizens, as well as the needs of ethnic Ukrainians residing abroad.
3. The government shall support the process whereby the subjects of information
activities in the area of broadcasting (broadcasting organizations and
programming service providers) form self-regulating organizations.
4. The government shall not impede direct reception of television and sound
programmes and broadcasts emitted from other countries in a minority language
or a regional language similar to it.
5. The government shall use effective constraints to prevent monopolisation of
broadcasting organizations by industrial and financial, political and other
groups or individuals and guarantee protection to broadcasting organizations
against financial and political pressure on the part of financial political
groups, public authorities and bodies of local self-government.
6. The government shall guarantee the exercise of the rights to information, to
free and public discussion of the matters of public concern with the use of
television and sound broadcasting.
7. The government shall by every legal means prevent any regular, single-minded
and unreasonable concentration of attention on or positive portrayal
(treatment) of war, violence and cruelty, inciting of racial, ethnic or
religious hostility in newscasts and other television and radio broadcasts and
promote ideological and political plurality in the domain of audio-visual
media.
8. The government shall define in the legislation public authorities vested
with registration and regulatory functions in the area of television and sound
broadcasting and shall not establish new with identical or overlapping powers
in respect of audio-visual media, or vest the existing ones with such powers.
9. Double licensing of one and the same type of activity in the area of
television and sound broadcasting is unacceptable.
Article 5. Freedom of operation of broadcasting organizations
1. Censorship of the information activities of broadcasting organizations shall
be prohibited.
2. A broadcasting organization shall independently decide on the content of its
programmes and broadcasts.
3. No interference of public authorities, local self-government bodies, organizations,
civil or religious associations, of their officials or employees, as well as
that the owners, with professional activities of broadcasting organizations on
any grounds other than provided for by the legislation of Ukraine shall be
admissible.
Article 6. No abuse of freedom by broadcasting organizations
1. Broadcasting organizations shall be under obligation to present in their
news programmes information on the position, stated officially in any way, of
all political forces represented in the government.
2. It shall be prohibited to use broadcasting organizations for any of the
following purposes:
to publish any information which constitutes an official secret or any other
information protected in law;
to appeal for violent upheaval of the constitutional government of Ukraine;
to agitate for launching a war or aggressive actions or promote the idea of
such;
to portray without reason any violence;
to promote the idea of exclusivity, superiority or inferiority of persons on
the grounds of their religious beliefs, ideology, national or ethnic
affiliation, physical or material status or social origin;
to broadcast such programmes or fragments thereof that may damage the physical,
mental or moral development of children and teenagers, where they may watch
such;
to distribute and advertise obscene matter and articles;
to promote narcotic or psychotropic substances for any purpose of their use;
to publish any information which violates legal rights and interests of natural
or legal persons, or encroaches upon honour and dignity of a person;
to perform any other acts which are subject to criminal prosecution.
3. It shall be prohibited to use in programmes and broadcasts any surreptitious
devices with subliminal effects and/or damaging to human health.
4. The credentials of every single programme or broadcast should indicate the
name of its author(s) and the name and location of its producer.
The responsibility for the content of programmes and broadcasts shall rest with
the broadcasting organization owner or the author(s) of such programme and/or
broadcast.
Where so provided for by the legislation of Ukraine, the responsibility for the
content of certain programmes may be borne by third parties.
Article 7. Public administration and regulation in the domain of television
and radio broadcasting
1. Public policy in relation to television and sound broadcasting, the
legislative framework of its implementation and the social and legal guarantees
for the persons engaged in this industry shall be determined by the Verkhovna
Rada of Ukraine.
2. The Cabinet of Ministers of Ukraine shall make provision for the
implementation of the public policy in relation to television and sound
broadcasting and co-ordinate the activities of ministries and other central
executive authorities in this sector.
3. The only public regulator in the sector of broadcasting, irrespective of the
technology used to distribute programmes and broadcasts, shall be the National
Broadcasting Council of Ukraine – a special standing constitutional independent
public authority.
4. The legal principles pertaining to the formation, operation, status,
competence, powers, and functions of the National Council, as well as the
procedure of their exercise shall be defined in the Law of Ukraine ‘On the
National Broadcasting Council of Ukraine’.
5. Government regulation of the national television and radio information space
shall conform to the National Television And Radio Information Space
Development Plan, which is drafted and approved by the National Broadcasting
Council of Ukraine in accordance with the principles, objectives and priorities
laid down by the laws of Ukraine.
6. The powers of other public authorities and bodies of local self-government
in regard of broadcasting shall be defined by the broadcasting legislation of
Ukraine.
Article 8. Protection of economic competition in television and sound
broadcasting
1. No provision of this Law or of the legal acts issued in furtherance hereof
may be interpreted to prejudice the law of Ukraine ‘On Protection of Economic
Competition’. In particular, no individual or corporation may control in any
way, by means of influence on the formation of the governing and/or supervisory
bodies of any broadcasting organizations, more than 35 % of the total amount of
a corresponding geographical (national, regional or local) television or sound
broadcasting market.
2. Compliance of the subjects of information activities with the legislation on
the protection of economic competition and prevention of unfair competition
shall be supervised by the bodies of the Antitrust Committee of Ukraine, acting
within their authority
3. No business may hold more than one license for terrestrial on-air
broadcasting in any single geographical segment of the television and radio
information market, e.g., national (country-wide), regional (individual region
or oblast) and local (individual locality or a group of localities capable of
being treated as a compact territorial entity).
4. It shall be prohibited to apply dumping rates for advertising and service
provision.
5. The antirust legislation of Ukraine may impose other restrictions concerning
economic competition in the area of television and sound broadcasting.
Article 9. Protection of interests of the state and domestic television and
radio production
1. At least 50 % of the total amount of broadcasting of every broadcasting organization
must consist of domestic audiovisual product or music of Ukrainian composers or
performers.
2. Where a tender for broadcasting license is held, the National Broadcasting
Council shall be governed by the necessity to provide for the information needs
of citizens, to protect public interests and domestic broadcasters, and to
develop national TV and sound broadcasting capacity. In the terms of such
tender it specifies, proceeding from the above priorities, appropriate
requirements to programming philosophy.
Article 10. Use of languages in the informational activity of broadcasting organizations
1. Broadcasting organizations shall broadcast in the state language.
2. Broadcasting to specific regions may also proceed in the languages of ethnic
minorities residing in such region as distinct communities.
3. In the event that the original language (or that of dubbing) of a film
and/or other programme (broadcast) is not Ukrainian, showing of such films
and/or programmes (broadcasts) shall be conditional upon their dubbing into the
state language.
4. For nationwide broadcasting, the share of air-time when broadcasting is
carried out in the Ukrainian language may not be less than 75 % of the total
daily broadcasting time.
5. Broadcasting to a foreign audience shall be carried out in Ukrainian and the
corresponding foreign language.
6. The language (languages) of a broadcasting organization’s programmes and
broadcasts shall be defined in its broadcasting license terms.
With a view to the operation of multichannel television networks, the above
rules apply to re-transmission of programmes and broadcasts of businesses
licensed by the National Broadcasting Council of Ukraine.
Section II
STRUCTURE OF NATIONAL TELEVISION AND RADIO BROADCASTING. ESTABLISHMENT,
REGISTRATION, FINANCING AND MATERIAL BASE OF BROADCASTING ORGANIZATIONS
Article 11. Structure of national television and radio broadcasting of Ukraine
1. The structure of national television and sound broadcasting of Ukraine shall
consist of state and community broadcasting organizations, the system of Public
Service Broadcasting of Ukraine, private broadcasting organizations,
irrespective of the programme distribution medium, public and other
broadcasting organizations founded in accordance with the effective legislation
of Ukraine.
Article 12. Establishment of broadcasting organizations
1. The right to establish broadcasting organizations as businesses in Ukraine
shall be vested in legal persons of Ukraine and the citizens of Ukraine who
have full civil capacity.
2. Broadcasting organizations in Ukraine may not be established by –
public authorities and bodies of local self-government where the decision on
their establishment or their Provisions do not provide for the power to found
broadcasting organizations;
corporations whose constituent instruments do not provide for a possibility of
founding broadcasting organizations;
foreign legal and natural persons nor by persons without citizenship;
political parties, trade union or religious organizations as well as by the
legal persons which they may have established;
citizens serving a sentence in confinement or found incapable by a court of
law.
3. Interest of foreign physical and/or legal persons in statutory funds of
broadcasting organizations shall be regulated by the Economic Code of Ukraine.
Constituent instruments and/or bylaws of a business which holds or applies for
a broadcasting licence must provide for the establishment of a special
supervisory body (editorial board etc.) in the structure of its governing
bodies, a half of its composition being appointed by the founders or owners of
such broadcasting organization and the other half, by its the creative
personnel.
5. Failure to comply with the requirements set forth in this article shall
provide grounds for exclusion of such broadcasting organization from the tender
for broadcasting licence, refusal to issue or to extend such licence.
Article 13. State-run broadcasting organizations
1. The procedure of establishment of state broadcasting organizations, that of
appointment of their executive officers, governing and supervisory bodies shall
be laid down by laws of Ukraine.
2. State-run broadcasting organizations may be established by public authorities
within their functions and terms of reference. The state broadcasting organizations
shall be government enterprises.
3. State broadcasting organizations shall be guided in their activity by the
Constitution and statutes of Ukraine and pursue such principal goals as are
defined by this Law.
4. The principal goals of the state-run broadcasting organizations shall be as
follows:
a) to bring to their audiences up-to-date information on political and other
developments in Ukraine and abroad and on emergencies which may threaten life
or health of the public; to distribute official communications; to explain
decisions of public authorities and bodies of local self-government;
b) to create and distribute economic, public affairs, cultural and educational,
health education, art, instructional, entertainment and sports programmes, and
also programmes for children and youth;
c) to promote international relations of Ukraine and its prestige in the world.
5. Public funding of state-run broadcasting organizations may only effected by
way of government orders, in conformity to the procedure and forms provided for
by the legislation of Ukraine.
6. The organizational and legal status of oblast state-run broadcasting organizations
may only converted to public broadcasting organizations.
Article 14. The National Television Company of Ukraine and the National Radio
Company of Ukraine
1. The National Television Company of Ukraine (NTKU) and the National Radio
Company of Ukraine (NRKU) shall be state broadcasting organizations.
2. The National Television Broadcasting Company of Ukraine and the National
Radio Company of Ukraine shall have Public Boards, each made up of 17 persons.
The personal composition of the NTCU’s and NRCU’s Public Boards shall be
approved by the Verkhovna Rada of Ukraine upon nomination of 9 persons by
deputy factions (groups) of the Verkhovna Rada of Ukraine, 4 persons, by the
President of Ukraine, and 4 persons, by national associations of citizens
involved in the domain of TV/sound programme creation and distribution.
The status of NTCU and NRCU Public Boards shall be determined by the charters
of such broadcasting organizations.
3. Chief executives of the National Television Company of Ukraine and of the
National Radio Company of Ukraine shall be appointed to and dismissed from
their positions by the President of Ukraine on proposal of the Verkhovna Rada
of Ukraine. The candidate for the position of the head of NTCU (NRCU) shall be
nominated and introduced to the Verkhovna Rada of Ukraine by the Public Board
of NTCU (NRCU). A proposal to dismiss the head of NTCU (NRCU), with appropriate
reasoning, shall be developed and introduced to the Verkhovna Rada of Ukraine
by the Public Board of NTCU (NRCU).
4. The National Television Company of Ukraine and the National Radio Company of
Ukraine shall have their charters which are subject to adoption by a Law of
Ukraine.
5. The National Television Company of Ukraine and the National Radio Company of
Ukraine shall be registered with the corresponding territorial authorities,
have their seals and be deemed subjects of economic and information activities.
6. The organizational and legal status of the National Television Company of
Ukraine and that of the National Radio Company of Ukraine may only be changed to
the status of Public Service Television and Radio Broadcasting.
Article 15. Public service broadcasting organization
1. The procedure of establishment, the status and activities, as well as the
procedure of making the governing and supervisory bodies of the Public Service
Broadcasting of Ukraine shall be defined by the Law of Ukraine ‘On public
service broadcasting system of Ukraine’.
Article 16. Community broadcasting organizations
1. Community television and sound broadcasting organizations shall be created
by territorial communities.
2. A decision to establish and finance a community broadcasting organization
shall be taken by the competent body of local self-government.
Article 17. Private broadcasting organizations
1. Private broadcasting organizations shall be established by physical and/or
legal persons, as defined by this Law, the Civil Code of Ukraine, and the
Economic Code of Ukraine.
Article 18. Public broadcasting organizations
1. Public broadcasting organizations shall be established by physical and/or
legal persons with a view to meeting information needs of territorial
communities, as defined by this Law, the Civil Code of Ukraine, the Economic
Code of Ukraine, and the Law of Ukraine ‘On associations of citizens’.
2. Public broadcasting organizations may not engage in entrepreneurial
activities and may only perform non-commercial economic activities.
3. Public broadcasting organizations shall have a non-for-profit status.
Article 19. Financing of broadcasting organizations
1. The financing sources of broadcasting organizations shall be budgetary
appropriations for government orders, subscription fee, the revenues received
from production and broadcasting of advertising and from production of
television and radio programmes made to order, and any other commercial
operations warranted by law and the constituent instruments, as well as loans,
investments, contributions of the founders, sponsors, and charitable organizations.
2. Any direct public funding of broadcasting organizations by public
authorities shall be prohibited. Public funds may be used to pay for
information services provided by broadcasting organizations to public
authorities and administrative bodies in accordance with the legislation of
Ukraine.
3. Any direct or indirect financing of such by political parties, trade unions
or religious organizations shall be prohibited.
4. Foreign investments as a source of financing of broadcasting organizations
shall be allowed only as provided for by the legislation of Ukraine and article
12 para 3 of this Law.
5. Financing of the system of Public Service Television and Sound Broadcasting
shall comply with the Law of Ukraine ‘On public service broadcasting of
Ukraine’.
Article 20. Material base of broadcasting organization.
1. The broadcasting organization’s material base required for the production of
television and radio programmes and broadcasts and for their delivery to the
audience may comprise any broadcasting and distribution technologies certified
in Ukraine according to the effective procedure.
2. Any television and sound broadcasting technologies developed (acquired,
built) at the cost of public investment may be handed over for use to private
broadcasting organizations under relevant broadcast licenses and in conformity
with the procedure determined by the legislation of Ukraine.
3. Television and sound broadcasting technologies may be owned by broadcasting organizations
and used by them for their own broadcasting purposes.
Section III
DEVELOPMENT OF NATIONAL TELEVISION AND RADIO INFORMATION SPACE. LICENSING OF
BROADCASTING. PUBLIC REGISTRATION OF SUBJECTS OF INFORMATION ACTIVITIES IN THE
AREA OF TELEVISION AND SOUND BROADCASTING
Article 21. National television and radio information space development plan
1. The National Television And Radio Information Space Development Plan (“the
Development Plan”) shall be a regulatory instrument to be developed by the
National Council and approved by it in a decision made in compliance with this
Law. Proceeding from the Development Plan, the National Council shall decide on
the creation and development of broadcasting channels, broadcasting networks,
and television networks which intend to use the radio-frequency bandwidth of
Ukraine, define the terms and announce tenders for broadcasting licences,
define the terms of licences for broadcasting which is subject to registration
procedure.
2. The Development Plan consists of two parts:
a) The Plan of utilisation of the radio-frequency bandwidth allocated for TV
and sound broadcasting;
b) basic requirements as to the content and ratio of broadcasting formats in
each territorial segment of the television and radio information space.
3. The Development Plan and any changes thereto shall be subject to decision of
the National Council in conformity to the procedure laid down by the Law of
Ukraine “On the National Broadcasting Council of Ukraine”.
4. The Development Plan shall be reviewed at least once every year following
the report of the National Council.
5. The procedure of drafting a Development Plan and changes thereto shall be
defined by the National Council.
6. The Development Plan and changes thereto shall be officially promulgated by
the National Council within a month of the date of the relevant decision.
Article 22. Creation and development of broadcasting channels, networks and
television networks
1. Subject to a decision of the National Council, broadcasting channels,
broadcasting networks and television networks where they intend to use the
radio-frequency bandwidth of Ukraine shall be created and/or changed in terms
of service area in accordance with the Plan of Use of the Radiofrequency
Bandwidth of Ukraine and the Development Plan.
2. On the basis of the decision to create a broadcasting channel, broadcasting
network or a multichannel television network which intends to use the
radio-frequency bandwidth of Ukraine, The National Council addresses the bodies
of radio-frequency planning with a proposal to draft an opinion concerning
electromagnetic compatibility of radio-electronic means of broadcasting
pursuant to the provisions of the Law of Ukraine “On the radio-frequency
bandwidth of Ukraine” and, upon delivery of such opinion, announces a
tender (tenders) for a broadcasting license (or licenses).
3. The engineering development of a broadcasting channel or broadcasting
network shall be carried out by the broadcasting organization which has been
issued a broadcasting license or such economic subjects as it may have
appointed, in compliance with the requirements of the legislation on
telecommunication and radio-frequency bandwidth of Ukraine.
4. The procedure of engineering development of a multichannel television
network is established by the operator of multichannel television networks in
compliance with the requirements of the legislation on telecommunication and
radio-frequency bandwidth.
5. The National Council shall facilitate the widest possible coverage of each
territorial category by broadcasting channels, networks and television
networks. Expansion of broadcasting channels, networks and television networks
within the limits defined by the broadcasting license of the National Council
shall be carried out on the basis of the licensee’s application on a
competitive basis and in accordance with the Development Plan.
6. Any change of a territorial category of a broadcasting channel or network or
that of a television network shall require that broadcasting on such
broadcasting channel or network or on the corresponding channels of a
multichannel television network be licensed repeatedly in accordance with the
requirements of this Law.
7. Migration from analogue to digital broadcasting shall be carried out in
accordance with the Development Plan.
8. The National Council shall promote the introduction of digital broadcasting
and corresponding technological re-equipment of operational broadcasting
channels and networks. Changes in the terms of a broadcasting license in the
case of migration from with analogue to digital broadcasting where they concern
any modification of technological parameters, type of broadcasting (i.e.
switching to multichannel broadcasting) and revision of the programming concept
shall be subject to the broadcasting licence renewal procedure provided
hereunder.
9. In the event that the licensee fails to submit an application for renewal of
the license to the National Council within two months of the date when the
channel or network is ready for introduction of digital broadcasting, the
National Council shall announce a tender for a license for multichannel
broadcasting; the existing licensee retaining the right to broadcast on one of
the channels of the new digital multichannel television network.
10. The procedure of utilisation of the radio-frequency bandwidth for the needs
of television and sound broadcasting, electromagnetic compatibility, allocation
and operation of radio-electronic broadcasting means shall be determined by the
Law of Ukraine “On the radio-frequency bandwidth of Ukraine”.
11. The funds required for the development of an opinion concerning
electromagnetic compatibility of radio-electronic means of broadcasting
necessary for the creation and development of broadcasting channels,
broadcasting networks and multichannel television networks stipulated by the
Development Plan shall be provided in the State Budget of Ukraine as a separate
line of expenditure of the National Council.
12. The number of broadcasting channels, broadcasting networks and television
networks which intend to use the radio-frequency bandwidth of Ukraine in each territorial
category, including broadcasting based on the use of digital technologies,
shall be determined by the National Council.
13. Opinion concerning the feasibility and terms of use of the radio-frequency
bandwidth of Ukraine by broadcasting organizations shall be prepared by the
lawfully authorised bodies of radio-frequency planning only upon request of the
National Council.
Article 23. Licensing of broadcasting
1. Licensing of broadcasting shall be a prerogative of the National
Broadcasting Council of Ukraine and be executed as prescribed and required by
this Law and the Law of Ukraine ‘On the National Broadcasting Council of
Ukraine’.
2. Licensing of foreign broadcasting organizations shall be prohibited.
3. Subject to specific organizational and technological characteristics of
programme distribution, the National Council shall issue licenses for the
following types of broadcasting:
satellite broadcasting;
on-air broadcasting;
cable broadcasting;
wire broadcasting;
multichannel broadcasting;
4. The geographical category of broadcasting and the geographical category of a
broadcasting channel or a multichannel network are defined subject to the
programme distribution area:
nationwide broadcasting is broadcasting to at least two thirds of the
population of every oblast of Ukraine;
regional broadcasting is broadcasting to a region (oblast or several
neighbouring oblasts), however, less than a half of oblasts;
local broadcasting is broadcasting to one or several neighbouring localities
which covers not more than a half of the territory of an oblast;
overseas broadcasting is broadcasting to a territory outside the borders of
Ukraine;
5. Digital broadcasting which utilises the radio-frequency bandwidth of Ukraine
shall be licensed as multichannel broadcasting.
6. Broadcasting shall be licensed on a competitive basis (proceeding from the
results of open tenders) or, where so provided herein, on a non-competitive
basis (hors concourse).
7. The following types of broadcasting shall be licensed on a competitive
basis:
on-air broadcasting
multichannel broadcasting utilising the radio frequency bandwidth;
8. Hors concours procedure shall apply to licensing of-
satellite broadcasting;
cable broadcasting;
wired network broadcasting;
on-air broadcasting over a channel of a multichannel television network, as
provided under article 22 para 9 of this Law.
9. A broadcasting license issued by the National Council shall be the only
sufficient document entitling the licensee to pursue broadcasting activities in
accordance with the terms of such license and use broadcasting channels,
provided that the owners of radio electronic means have lawful permits to
operate such.
Article 24. Application for (extension of) a broadcast license
1. An entity (business) intending to procure a broadcasting license (or have
same extended) shall file an application for issue (extension) of a license
with the National Council.
2. The application must indicate-
a) information regarding the founder(s) and owner(s) of the broadcasting organization
(for corporations: name, legal address, bank details; for individuals: full
name, date of birth, nationality, address) and the structure of authorised
fund; for a joint-stock company, also, a full list of its shareholders owning
blocks of shares of at least 5 %;
b) information regarding the personal composition of the governing and
supervisory bodies of the broadcasting organization: head of organization,
composition of its board of directors, composition of the supervisory board,
etc. (for each person, his full name, date of birth, citizenship, address);
c) name of organization, its legal address, bank details, contact phones and
other basic data (logo, call sign, emblem, etc.);
d) b) type of broadcasting, as required under Article 23 of this Law;
e) targeted programme distribution area, as required under Article 23 of this
Law;
f) requested procedure of consideration, i.e. tender for license or hors
concourse consideration as required under
Article 23 of this Law and the decision of the National Council;
g) characteristics of the broadcasting channel, broadcast network, or
multichannel network:
for terrestrial on-air and network, broadcasting: the frequency (frequencies),
transmitter (transmitters) location and power, and the coverage area;
for satellite broadcasting: information regarding the parameters of the
satellite broadcasting channel and footprint;
for multichannel network and facility dispersion: the telecom operator
providing maintenance and operation of the network, head-end location maximum
number of channels (resource) of such multichannel network, location (service
area) of the multichannel network;
h) periodicity, hours, volume and format of broadcasting;
i) language (languages) in which the broadcasts are to be carried out;
c) number of households in target distribution area;
3. A broadcasting organization filing an application for a license or extension
of one shall also provide the following attachments:
copies of the duly approved constituent instruments/bylaws of such broadcasting
organization;
a copy of the certificate on its registration in the capacity of a subject of
information activity (if any);
a tentative list of staff of the broadcasting organization;
the programming policy statement, as required under Article 28 of this Law.
4. In the case of an extensive broadcasting network, or a significant number of
transmitters, or other basic information, the broadcasting organization shall
submit them under separate cover as an attachment to its application.
5. With a view to ensuring observance of antimonopoly restrictions laid down in
the law and the restrictions concerning the share of foreign owners in the
authorised capital of broadcasting organizations, the National Council shall have
the right.
to additionally request and obtain from any broadcasting organization the
information concerning the distribution of shares in the authorised capital of
the legal persons who are its founders or owners and, in particular, its
shareholders;
to request an opinion of the Antitrust Committee of Ukraine concerning
potential monopolisation or substantial reduction of competition in the
information domain.
6. No one may require any other documents for the purposes of issuing
(extending) of a license.
7. Where licensing is executed hors concourse on the basis of an application,
an application for a broadcast license shall be considered, and a decision in
its respect made, within one month of its receipt by the National Council, of
which decision the applicant shall receive due notification.
8. In the event of tender, consideration of applications for broadcasting
licenses shall be performed as required under articles 25 and 26 of this Law.
9. Consideration of applications for extension of a license shall be performed
as required under Article 33 of this Law.
10. The National Council may set aside an application for (extension of) a
license, as provided for under Article 29 of this Law.
11. Upon consideration of an application the National Council shall make a
decision either to issue (extend) or not to issue (extend) a license, in
conformity to the requirements of this Law.
Article 25. Competitive broadcast licensing
1. Licensing of broadcasting where such is related to the use of the radio frequency
resource, and that of broadcasting on free channels of multichannel networks
shall be based on the results of open tenders.
2. A tender for a license shall be initiated, called and held by the National
Council. The National Council may initiate a tender either at its discretion or
on an appropriate inquiry of a broadcasting organization.
3. The National Council shall call a tender for a license, provided there are
available broadcasting channels, broadcast networks, or free air time on
broadcasting channels (networks), and also where:
a) an opinion has been obtained as to the possibility and terms of utilisation
of frequencies allocated for the purposes of television and sound broadcasting
not used for broadcasting before and the relevant opinion as to the
electromagnetic compatibility of the broadcasting means;
b) the previous licensee has failed to apply 180 days prior to expiry of his
license to the National Council for extension or the National Council has
refused extension to such licensee, in compliance with the procedure
established herein;
c) the license of the previous licensee has been invalidated in accordance
with the provisions hereof;
d) the license of the winner of the previous tender has not entered into
force for his failure to pay the license fee within the time specified in
accordance with the provision hereof;
4. The National Council shall make the decision to call a tender and, at least
60 days before the deadline for applications, shall publish an announcement in
the media the list of which it shall determine.
5. The announcement shall indicate the following:
a) the deadline for filing license applications, including a second
submission upon elimination of the reasons for which the application may have
been set aside, as required under Article 29 hereof;
b) the deadline for reviewing the results of the tender, which may not be
later than 60 days after the reception of applications is complete;
c) summarised information on the broadcast channel, broadcast network or
broadcasting channel(s) in a multichannel network with the use of which
broadcasting is to be carried out;
d) tender terms and deadlines for their fulfilment;
e) specific features of broadcasting over the channel or channel(s) of a
multichannel network;
f) maximum amount of the license fee;
g) tender deposit;
h) maximum broadcasting hours;
i) address for filing licensing applications;
6. Eligible for a tender shall be legal persons which have filed at the
National Council their licensing applications and other documents as required
under Article 24 hereof.
7. Admission to a tender shall be denied to-
legal persons whose applications have been set aside in accordance with Article
29 of this Law;
legal persons which do not meet the standards set forth in article 12 of this
Law concerning their establishment, interest of foreign physical or legal
persons in the equity or authorised fund of the broadcasting organization, and
constituent instruments and bylaws of such broadcasting organization.
8. The National Council shall make a reasoned decision to refuse admission of a
legal person to a tender and notify such of said decision within 30 days of
receipt of the application. Appeal from such decision lies with the court.
9. If no licensing application is filed within the specified term, the National
Council may extend the deadline for applications, postpone the tender for a
term, change the terms of such tender or terminate the tender;
10. The filing of application by only one applicant shall not be deemed grounds
for extending the deadline for applications, postponement of the tender for a
definite term, change of tender terms or termination of the tender.
11. The terms of a tender shall be set down by the National Council before
calling one and shall be approved by a special decision of the National
Council.
12. The terms of a tender shall specify:
a) license requirements for the relevant type of broadcasting;
b) requirements concerning programming policy statement;
c) requirements concerning the organizational and technical, financial and
investment obligations of the prospective license holder.
13. A decision to name the winner of a tender and to issue him a license shall
be made by the National Broadcasting Council of Ukraine within one month after
the deadline for licensing applications.
14. While reviewing applications the National Council shall give priority to a
broadcasting organization that:
a) has the best capacity to fill the terms of the tender;
b) gives advantage to socially important programming (news, public affairs,
children’s programmes, etc.), satisfies the information needs of ethnic
minorities and promotes free speech;
c) is better equipped, financially, economically and professionally, to carry
out television and sound broadcasting.
15. Guided by the standards of activity of broadcasting organizations, as
defined by this Law, the National Council may extend the list of criteria,
subject to their publication prior to a tender in question.
16. The National Council shall notify the applicants in writing of its decision
within five working days of the formal delivery thereof (a copy of the decision
shall be mailed or handed over).
17. A broadcast license shall be executed and issued to the broadcasting organization
which has won the tender within ten days after the latter pays the license fee,
which shall be confirmed by an appropriate statement of the local office of the
Treasury of Ukraine, provided such payment is effected within one month from
the date of the decision to issue the license.
18. The terms of a broadcast license to be issued on the basis of a tender
shall be determined by the National Council in agreement with the prospective
licensee in accordance with the terms of the tender and the programming
characteristics declared by such licensee and his commitments. Upon completion
of a tender, the winner broadcasting organization may undertake additional
commitments, which shall be executed as its license terms.
19. The National Council may invite government institutions, non-governmental
organizations and associations of citizens to provide their expert opinion in
respect of the applicants’ capabilities. These opinions shall be recommendatory
for the National Council.
Article 26. Tender deposit
1. Every applicant shall make security deposit with a view to affirming his
intentions and commitments as respects his bidding for a license.
2. Tender deposit shall be a prerequisite for participation in a tender. The
National Council shall determine by decision the amount of such tender deposit,
provided that it may not exceed 10 per cent of the announced maximum rate of
the license tax
3. The payment deposited against tender security by the winner of a license
tender shall be credited to the amount payable by him as a license tax. The
cash deposits of those other participants who failed in the tender shall be
remitted to the state budget
Article 27. Broadcast license
1. A broadcast license shall be issued not later than on the tenth day of the
date when the National Council adopts a decision to issue one, subject to
payment of the license tax, and shall be the only legal entitlement to
broadcasting.
2. The form of a broadcast license shall be defined by the National
Broadcasting Council of Ukraine, as required herein.
3. A broadcast license shall indicate-
a) designation of the organization, its essentials and other basic data (e.g.
logotype, call sign, mark, etc.);
b) location, legal and actual address of the organization;
c) type of broadcasting and target distribution area for programs as shown in
the annex to the license;
d) general characteristics of the broadcasting channel, broadcast network or
multichannel network (with the indication of the telecommunications operator in
the case of a multichannel network);
e) periodicity, broadcasting time, scope and schedule;
f) language(s) in which broadcasts are to be carried out
g) effective date of the license;
h) duration of the license;
4. A broadcast license shall have the following mandatory riders:
programming philosophy;
organizational and technical, financial, and investment commitments made by the
licensee organization during competitive selection or, where a license is
granted hors concours, during consideration of its application by the National
Council;
detailed characteristics of the broadcasting channel, broadcast network or
multichannel network: frequency (frequencies), transmitter(s) location and power,
distribution area, location of the head-end station of the multichannel
network, maximum number of channels (resource) of the multichannel network,
service (reception) area of the multichannel network;
information as respects the owner (co-owners) of the licensee organization and
the structure of its authorised capital; for a joint-stock company, also a full
list of its shareholders owning blocks of shares of at least 5 %;
information on the governing and supervisory bodies of the licensee organization:
head of the organization, list of members of its management, members of the
board, list of members of the supervisory board, etc. (for each of person: full
name, date of birth, nationality, address);
5. The organizational, technological and content-related characteristics of
broadcasting, as well as the organizational and technical, financial, and
investment commitments of the licensee, as defined in the broadcast license and
riders thereto, shall constitute the terms of such broadcast license.
6. The terms of a license shall be defined by the National Council in
coordination with the prospective license holders, in compliance with the
procedure laid down in this Law, and approved by a decision of the National
Council.
7. A licensee must comply with the terms of his license. The National
Broadcasting Council of Ukraine shall monitor the performance of licensees
under their licenses, and where terms thereof are violated, impose penalties as
provided for by this Law.
Article 28. Programming conception of a broadcasting organization
1. Requirements to a programming conception shall be established by the
National Broadcasting Council of Ukraine in accordance with this Law.
2. The programming conception of a broadcasting organization shall specify-
the share of local product;
the minimum share of domestic audiovisual product;
the maximum share of foreign audiovisual product;
the maximum hours of re-transmission and a tentative list (per genres) of
programs and broadcasts which are to be re-transmitted;
the genre distribution of programmes and broadcasts.
3. The core of the programming conception of a broadcasting organization must
comprise the following programmes:
analytical newscasts and social comment;
culture and arts;
popular science and education;
entertainment;
4. In the period of time between 7am to 11pm all licensees (save for satellite
broadcasting) must respect the following ratio between Ukrainian and foreign
programmes:
programmes produced in Europe must constitute at least 80 per cent, including
at least 50 per cent of Ukrainian programming product;
in radio programmes, music of Ukrainian composers and performers must in a any
week constitute at least 50 per cent of total broadcasting time.
5. No licensee may distribute programmes capable of affecting healthy physical,
mental or moral development of children and youth, nor programmes containing
scenes of horror, killing or violence (physical or psychological), or scenes
appealing to sexual instincts.
6. The accompanying text may not contain obscene words, expressions etc.
Provisions of this subparagraph do not apply to encrypted multichannel systems.
7. The programming conception of a multichannel broadcasting shall specify-
the list of programs provided in the fixed package, including the licensee’s
local product and programmes of other broadcasting organizations ;
the terms, i.e., unencrypted or encrypted, of distribution of each programme;
programming conceptions for each of the licensee’s local programmes as required
under subparagraphs 2 and 3 of this article.
8. Every licensee shall be required to perform under his stated programming
conception.
9. Any change to the programming conception shall comply with the procedure
established hereunder.
Article 29. Setting aside of an application for license
1. An application for a broadcast license shall be set aside where:
a) the application is submitted (signed) by a person having no due authority;
b) the application is submitted in contravention of the requirements of article
24 of this Law
c) an earlier license has been granted to a broadcasting organization bearing
the same designation and transmitting to the same distribution area.
2. A written notice reciting the reasons for the setting aside of his
application shall be served on the applicant within seven working days after
registration of the application.
3. Once the reasons for which the application had been set aside have been
eliminated, such application shall be considered on its merits, according to
the procedure and at such time as established by this Law.
4. If such reasons have been eliminated before the deadline for applications
for participation in a licensing tender, the applying broadcasting organization
shall be admitted to bid.
Article 30. Refusal to license broadcasting
1. Where a tender is held for a broadcast license, victory of one applicant
shall be grounds for refusal to grant the license to the other bidders.
2. Where the National Council considers an application for a broadcast license
hors concours, it shall refuse to granting one if it finds that-
a) the applying organization does not meet the license requirements for the
stated type of broadcasting, including the requirements set forth in article 12
hereof as respects the constitution of broadcasting organizations, maximum
share of interest held by foreign individuals or corporations in the equity or
authorised fund of the broadcasting organizations, and also as respects the
constituent instruments and byelaws of the broadcasting organizations;
b) the information provided in the application does not represent the facts at
the moment of its consideration;
c) the application has been presented earlier than one year from the date of
the decision to revoke the license of such applicant broadcasting organization;
d) the applicant has no capability (economic, financial or technical) to
broadcast as stated;
3. The National Council shall make a decision to refuse granting a broadcast
license, having considered the application, and within five working days after
protocolary execution of this decision shall serve the applicant a written
notification thereof, referring to the grounds for refusal.
4. A decision to refuse granting of a license may be appealed in court within
one month of its date.
Article 31. Fee for issue, extension and renewal of a broadcast license and
issue of a duplicate of a license.
1. Broadcasting organizations shall pay a license tax for the issue and
extension of broadcast licenses.
2. The formula for calculating the rate of the license tax shall be developed
and approved by the National Broadcasting Council of Ukraine with advice and
consent of the Ministry of Finance of Ukraine.
3. The license tax shall be remitted to the State budget of Ukraine. The
National Council shall determine the procedure of payment of a license tax in
accordance with the requirements of this Law. Unless the National Council
provides a different procedure for payment of a license tax, it shall be paid
by the licensee within one month of its granting by the National Council.
4. Renewal of a license and issue of a duplicate of a license shall be charged
at the rate of five times the tax-exempt minimum income of the citizen.
5. Renewal of a license in connection with the changeover from analogue to
digital broadcasting shall be subject to a charge equal to the license tax
assessed for granting of a multichannel broadcasting license.
Article 32. Issuing of a broadcast license
1. The National Council of Ukraine shall make a decision as respects the issuing
of a broadcast license immediately at the same time as it identifies the winner
in the tender for such license.
2. Where an application for a broadcast license is considered hors concours,
the National Council shall make a decision to issue or to refuse to issue a
license, as required under article 30 of this Law.
3. A license shall be executed and issued to the applicant on the basis of the
National Council’s decision not later than ten days after payment of the
license tax, which is subject to be certified by the appropriate statement
issued by the office of the Treasury of Ukraine. Where the National Council has
decided on a different procedure for the payment of the tax, such license shall
be issued to the applicant not later than on the thirtieth day of the date when
the decision to issue same was made.
Article 33. Extension of the broadcast license
1. Every licensee shall be entitled to extension of his broadcast license.
2. With a view to extending the duration of a license, an application
requesting extension of the license, as required under article 24 of this Law,
must be filed with the National Broadcasting Council of Ukraine not later than
180 days and not earlier than 210 before expiration of the current licence. An
application for extension of the license filed earlier than 210 days before the
expiration of same shall be returned by the National Council to the applicant
without consideration within five working days of its filing.
3. A license extension application shall be considered and a decision in its
respect shall be made not later than 60 days before expiration of such license.
4. Based upon consideration of the application, the National Council shall
decide either to extend the license or to refuse extension and within five working
days after making the decision serve the applicant a written notice of the
results of such consideration. A copy of the decision is sent by mail or handed
out. A decision of the National Council to refuse extension of a license shall
indicate the reasons for such decision, as required under subparagraph 7 of
this article.
5. While considering and making its decision on an application for extension of
a license the National Council may not modify the terms of such license, except
for where-
upon expiration of the license broadcasting is to change from analogue to
digital, as provided under article 22 hereof;
a change of the technical characteristics of broadcasting is necessitated by a
relevant modification of the National RF Allocation Table of Ukraine and/or
National Bandwidth Utilisation Plan;
the license terms do not meet the legal requirements; or
a revision of the license terms as proposed by the licensee is approved by the
National Council.
6. The National Council shall hand an extended license to the licensee not
earlier than on the last working day of the effective term of the earlier
license, subject to payment of the license tax, as required under article 30 of
this Law.
7. The National Council may decide to refuse extension of a license, provided
only that-
a) the licensee files his application for extension later than 180 days before
expiration of the current license;
b) the licensee has during the force of the license violated terms of same and
requirements of the legislation in effect. The fact of such violations must be
proven by the National Council’s decisions and sanctions not lawfully lifted,
or by relevant judicial decisions;
c) the licensee does not meet the requirements of article 9 or article 12 para
2 of this Law.
8. A decision to refuse extension of the broadcast license may be appealed in
court within three month of its date.
9. The organization which was denied extension of its broadcast license shall
not be disqualified from filing another broadcast license application and from
taking part in tenders for license in accordance with general practice and in
conformity with the requirements of this Law.
Article 34. Duplication of the broadcast license
1. In the event of loss or defacement of the license the broadcasting organization
shall be required to file with the National Council an application for a
duplicate of the license, in a form to be established by the National Council.
The license defaced must be attached to the application. As an application for
a duplicate license is being filed, the National Council shall register it and
issue the licensee a certificate of such registration.
2. The National Council shall consider an application for a duplicate license
and make its decision on it within 10 days from the date of its filing. Within
5 working days of making its decision to issue a duplicate license, the
National Council shall serve the applicant a written notice thereof and issue
him a duplicate license.
3. Before a duplicate broadcast license has been issued, the broadcasting organization
shall operate on the authority of the written document issued by the National
Council to certify registration of the application for a duplicate broadcast
license.
4. Information from the license which is to be duplicated, including the date
and number of the decision to grant and/or extend same, its duration and date
of issue, shall be transferred to the duplicate without change.
5. The issuing of a duplicate of the license shall be charged as established
under article 30 of this Law.
Article 35. Renewal of the broadcast license.
1. In the case of change of any data required under paragraph 3 of this
article, the licensee shall file with the National Broadcasting Council an
application for renewal of the broadcast license, in the form established by
the National Council.
2. Attached to such application must be duly certified copies of any documents
confirming the necessity to modify the license.
3. The grounds for renewal of a broadcast license may be any of the following:
a) a change in the organizational status and terms of operation of the
licensee;
b) the intent of the licensee to change organizational or technical
characteristics of broadcasting and to make respective amendments to the terms
of his license;
c) the necessity to change the terms of the license in view of changeover from
analogue to digital broadcasting.
4. A licensee, where there arise any grounds for renewal of the license in view
of organizational changes of his status or terms of operation, shall be
required within ten working days thereof to file with the National Council an
application for renewal of the license, enclosing any corresponding documents,
or their notarised copies, that prove the changes concerned.
5. The National Council shall consider the application and make a decision as
respects renewal of the license within ten working days from the date of
receipt of such application.
6. The National Council shall refuse to renew the broadcast license and
initiate its revocation if the changes in the composition of founders
(co-founders) and/or owners (co-owners) are in breach of the requirements of
articles 8 and 12 hereof.
7. Application for renewal of a license in view of the licensee’s intention to
change organizational or technical characteristics of broadcasting shall be
subject to consideration within one month from the date of its receipt. The
National Council, having considered such application, shall make a decision
either to modify the license and, therefore, renew it or to refuse amendment of
the license.
8. An application for renewal of the license in view of changeover from
analogue to digital broadcasting shall be considered within one month of its
receipt.
9. Proceedings from the results of its consideration, the National Council
shall make a decision to modify and, accordingly, to renew the license; the
programming philosophy being revised in conformity to the Development Plan.
10. Where the licensee’s proposals as respects revising of the programming
philosophy do not meet the requirements of the Development Plan, the National
Council may refuse renewal of the license in view of changeover from analogue
to digital broadcasting and announce a tender for multichannel broadcasting
license. In such case the current licensee shall retain the right to broadcast
on one of the channels of the new digital multichannel network and, also, the
right to act as the telecommunications operator of the entire digital
multichannel network.
11. The renewed license shall be issued to the licensee not later than ten days
after adoption of the corresponding decision by the National Council, provided
that he pays the fee for renewal of the license, as required under article 31
of this Law.
12. The duration of a renewed license may not exceed the duration specified in
the license which was subject to renewal.
13. In case of renewal of a license, the National Council shall make a decision
on invalidation of the license subject to renewal and make appropriate changes
to the Public Register of broadcasting organizations of Ukraine.
14. In the event of refusal to make modifications the licensee shall be
required to broadcast in accordance of the valid license.
15. As the renewed license is handed over the earlier license shall be
withdrawn.
Article 36. Duration of a broadcast license
1. A broadcast license shall be issued for such term as the National
Broadcasting Council of Ukraine may determine in accordance with the broadcast
license application, however for not less than-
7 years in the case of on-air and multiprogramme broadcasting via multichannel
networks;
10 years in the case of satellite, wired and cable broadcasting.
2. Any license shall lapse after expiry of its specified term, except as the
National Council has failed within the term set down herein to consider a
timely filed application for extension, in which case the license shall be
valid until the National Council passes a decision to extend, or refuse to
extend, such license as required hereunder.
Article 37. Revocation of a broadcast license
1. A broadcast license may be revoked by the National Council where so
stipulated in this Law.
2. The National Council shall revoke a license on the following grounds:
a) relevant application of the licensee for revocation of the license;
b) decision to cancel public registration of the licensee;
b) failure by the licensee to pay the license tax within the term provided
hereunder;
c) failure to broadcast as provided in the license within one year of its
having been issued;
d) judgement invalidating the broadcast license.
3. The National Council shall make a reasoned decision to revoke the license
within fifteen working days from the date of receipt of the documents
establishing such grounds for revocation. A decision of the National Council to
revoke a license may be appealed in court.
4. Within three days of making its decision to revoke the broadcast license,
unless such is appealed against, the National Council shall notify of the
license revocation the licensee and, also, the relevant telecommunications
operators. In the event that a decision of the National Council has been
appealed in court, the National Council shall serve the notice of the license
revocation on the licensee and the relevant telecommunications operators within
three days of the date of validity of the court decision to revoke same.
5. The National Council may bring action seeking revocation of the broadcast
license, where it is found that-
a) such license has been assigned to an individual or corporation other than
the licensee with a view to it pursuing information activities;
b) the application for renewal of the license in view of organizational change
of the licensee’s status and terms of operation has been filed late;
c) orders to eliminate violations of the legislation and license requirements
have not been complied with;
d) the licensee refuses to grant permission to the officers of the National
Council for auditing his activities as provided for by the legislation of
Ukraine;
e) the licensee does comply with the requirements set forth in article 12
hereof as respects the constitution of broadcasting organizations, maximum
share of interest held by foreign individuals or corporations in the equity or
authorised fund of the broadcasting organizations, and also as respects the
constituent instruments and byelaws of the broadcasting organization.
6. A court decree on revocation of a broadcast license shall be enforced in
compliance with the general procedure, in accordance with legal requirements.
Article 38. Public registration and keeping of the Public register of
broadcasting organizations of Ukraine.
1. Economic agents who have been issued broadcast licenses are subject to
public registration as subjects on information activities.
2. Any broadcasting organization which does not hold a broadcast license may
get registered suo moto as a subject of information activities.
3. Any production studio which does not hold a broadcast license may get
registered suo moto as a subject of information activities.
4. Public registration of economic agents as subjects of information activity
shall be executed by the National Council.
5. Public registration of economic agents who have been licensed to broadcast
is effected by way of entering such onto the Public Register of broadcasting organizations
of Ukraine within three days of issue of their broadcast licenses.
6. Public registration of a production studio which does not hold a broadcast
license shall be executed on the grounds of an application of its head by way
of entering relevant data onto the Public Register of broadcasting organizations
of Ukraine and issuing of a certificate of public registration.
7. The form of such application shall be determined by the National Council. An
application shall indicate such registration data as:
a) the designation of the broadcasting organization;
b) the call sign, logotype, trade mark (if any)
c) the programming mission or format;
d) legal and postal address of broadcasting organization;
e) contact person phone numbers and e-mail address.
8. An application for public registration must be attached with the duly
certified copies of the broadcasting organization’s articles of incorporation
and charter, the statement of the local division of the State Committee for Statistics
of Ukraine, certifying that the broadcasting organization has been entered upon
the Uniform Public Register of enterprises and organizations of Ukraine.
9. The National Council may refuse consideration of an application for entry
onto the Public Register of broadcasting organizations of Ukraine if the
application does not comply with the requirements of this Law. Of its refusal
to consider the application the National Council shall inform the applicant,
within three days upon receipt of such application, indicating the reasons for
the refusal.
10. The National Council shall make an entry in the Public Register of
broadcasting organizations of Ukraine within three working days upon receipt of
the application and, within one week upon having entered the broadcasting organization
onto the Register, shall issue such organization a standard certificate of
public registration. The execution of a public registration certificate shall
carry a charge of five times the tax exempt minimum personal income, which sum
shall be credited to the current account of the National Council.
11. The Public Register of broadcasting organizations of Ukraine shall be
maintained by the National Council. The Public Register shall contain data
pertaining to the broadcasting organizations which hold broadcast licenses or
are registered as subjects of information activities in compliance with the
procedure provided herein.
12. As respects the broadcasting organizations which have been issued a
broadcast license or licenses, the Public Register of broadcasting organizations
of Ukraine shall contain the following data:
a) the designation of the broadcasting organization
b) the call sign, logotype, trade mark (if any);
c) the programming mission or format;
d) the legal and postal address of the broadcasting organization;
e) contact person phone numbers and e-mail address.
f) regarding the owners and founders of the broadcasting organization, as
required under article 24 hereof;
g) regarding the personal composition of the governing and supervisory bodies
of such broadcasting organization, as required under article 24 hereof;
h) the date and number of the decision to issue a broadcast license;
i) series and number of the license;
j) duration of the license;
k) the type(s) of broadcasting, its scope and broadcasting hours;
l) territorial characteristics of broadcasting (nationwide, regional or local,
with the specification of oblasts, rayons and localities);
m) regarding any renewals or modifications of the license, issue of its copy or
duplicate;
n) regarding extension of the license;
o) regarding any sanctions imposed on the broadcasting organization as provided
herein;
p) the date and number of the decision on invalidation of the license and on
its revocation.
13. The information specified in paragraph 12 of this article shall be entered
upon the Public Register of broadcasting organizations of Ukraine within three
working days after the issue (extension, modification, duplication, revocation)
of a broadcast license.
14. Access to the Public Register of broadcasting organizations of Ukraine
shall be free. The procedure for use of the Register and the fee charged for
the delivery of written information as respects the data contained therein
shall be determined by the National Council. The National Council shall post
the information entered on the Public Register of broadcasting organizations of
Ukraine at a web site and publish such twice a year in the official bulletin of
the National Council.
Section IV. TELEVISION AND SOUND BROADCASTING OVER MULTICHANNEL TELEVISION
NETWORKS. COMMUNITY ANTENNA TELEVISION SYSTEMS. RE-TRANSMISSION.
Article 39. Broadcasting over multichannel systems
1. Multichannel television networks as telecommunications networks shall be
created, maintained and protected in conformity with the requirements of the
Law of Ukraine ‘On Telecommunications’.
2. In order to distribute television and radio programmes over a multichannel
telecommunications network economic agents shall be required to hold an appropriate
license from the National Council.
3. The right to distribute television and radio programmes over multichannel
telecommunications networks shall be held exclusively by-
a) the broadcasting organizations which have been licensed to broadcast with
the use of multichannel telecommunications network bandwidth in conformity with
the requirements of article 23 hereof;
b) the economic agents to which the National Council has issued license of
programme service providers;
4. Broadcasting organizations shall broadcast with the use of the multichannel
telecommunications network bandwidth in conformity with their broadcast
licenses and the contracts with the multichannel telecommunications network
operator.
5. Programming service providers shall use multichannel telecommunications
network on the grounds of their programming service provider’s licenses and the
appropriate contracts with the multichannel telecommunications network
operator.
6. A multichannel telecommunications network operator may provide programme
services on its own, provided it has been licensed to act as a programme
service provider.
7. Provision of a programming service to a subscriber shall be carried out on
the grounds of a contract between the subscriber and the licensee, made under
the effective legislation. Such a contract must specify-
the type of a programme package provided (versatile programme service, standard
package or custom package);
the list of television and radio programmes and broadcasts which the providers
undertakes to deliver to the subscriber;
the subscription fee for such package and/or fee for the provision of
individual television and radio programmes and broadcasts.
8. A provider may not without a duly executed agreement of the subscriber
change the characteristics of the programme service, which are specified in
paragraph 7 of this article.
9. A provider must provide to all its subscribers the capability to receive
programmes of the versatile program service and include such programmes in all
programme packages.
A provider shall not required to negotiate contracts with corresponding
broadcasting organizations with a view to distributing of programs of a
versatile program service.
10. A programming service provider may commence its operation as soon as it is
issued its license and the contents of the versatile programme package(s)
approved by the national Council.
11. A programming service provider shall independently establish the rate of
licence fees for different programme packages and other information services,
proceeding from the market demand. Public regulation shall exclusively be
applicable to the rate of the licence fee charged for the use of any versatile
service.
12. In event that a provider breaks the requirements of the legislation the National
Council shall impose on it sanctions specified in this Law.
Article 40. Licensing programming service providers
1. With a view to launching operation (broadcasting) of cable television and
radio broadcasting an economic agent (provider or telecommunications operator
or cable network operator) must obtain a license (permit) from the National
Council.
2. Operation (broadcasting) of cable television and radio broadcasting shall be
licensed by way of registration. A license shall be issued hors concours upon
application for a term of 10 years.
3. An application for a programming service provider’s license shall be filed
in compliance with the provisions of article 24 hereof. Attached to such
application shall be-
a) the general concept of packaging (list) of programmes acquired for the
purpose of re-transmission;
b) the documentary proof of purchase and title to distribution
(re-transmission) of another broadcaster’s programmes.
4. The general concept (principles, reasons) of selecting programmes for
re-transmission (offered to subscribers) shall constitute a mandatory
attachment to the license for operation (broadcasting) of cable television and
sound broadcasting. Such attachment is subject to annual re-registration, for
which purpose the licensee must file with the National Council information on
implementation of the concept of programme selection for the preceding year.
5. An application for a programming service provider’s license shall be
considered and decided on within one month of its receipt by the National
Council.
6. Proceeding from the results of its consideration, the National Council shall
make a decision-
a) to issue a programming service provider’s license;
b) to approve the programme package(s) of the versatile programme service for
the locality (localities) and/or area(s) where such programme service is
intended for provision.
7. A programming service provider’s license may be revoked by a court ruling
made on the motion of the National Council in view of such provider’s regular
violating requirements of this Law, the legislation of Ukraine on protection of
public morals and the legislation of Ukraine on copyright and neighbouring
rights.
8. The rights provided under a programming service provider’s license may not
be assigned to another individual or corporation.
Article 41. Community Antenna Systems
1. Community antenna television and/or radio systems shall be set up to enable
consumers good quality reception with domestic receivers of television and/or
radio programmes distributed in the area of operation of such community antenna
system.
2. Community antenna systems shall not qualify as multichannel
telecommunications networks. Operators of such systems shall not be subject to
licensing by the National Council. Distribution of programmes to consumers by
means of a community antenna system shall not require registration of a subject
of information activity.
3. A community antenna system may operate within a multichannel
telecommunications network only with the consent of the house owners, executed
in a contract, to same and to the package of additional services of the
multichannel telecommunications network approved by the tenants (potential
subscribers).
Article 42. Re-transmission of television and radio programmes and broadcasts
1. Re-transmission of television and radio programmes and broadcasts the
content of which complies with the requirements of the European Convention on
transfrontier television shall not be subject to limitation in the territory of
Ukraine. The procedure of re-transmission shall be governed by this Law.
An economic agent in the jurisdiction of Ukraine which intends to carry out
re-transmission and has been authorised to do so by the copyright holder
(producer) who does not come under the jurisdiction of an EU member state or
another state party to the European Convention on transfrontier television must
adjust the content of the programmes intended for re-transmission to the
requirements of the Ukrainian legislation.
3. The right to re-transmit television and/or radio programmes or broadcasts
shall be determined by a broadcast license or a programming service provider’s
license.
4. The maximum scope of re-transmission and tentative list (per genre) of
programmes and broadcasts intended for re-transmission shall be determined by
the programming philosophy as required by this Law.
5. Programme service providers shall carry out re-transmission of television
and radio programmes and broadcasts in multichannel networks in compliance with
the list of television and radio programmes and broadcasts proposed for
provision in the programming service.
Section V. ORGANIZATION OF TELEVISION AND SOUND BROADCASTING
Article 38. Commencement of broadcasting
1. An organization holding a license shall be entitled to commence broadcasting
within one year after entry into force of such license. It must notify the
National Council of the commencement of its broadcasting within ten days
thereof.
2. The owner of broadcasting facilities, or the operator of same, may not allow
to use such facilities to organizations which hold no proper license or whose
license is no longer in effect.
3. Distribution of television and radio programs or broadcasts to a larger area
than what is specified in the license of the National Council shall be
prohibited.
4. Programmes of identical content may not be distributed by way of terrestrial
on-air distribution in the same area.
5. No licensee may sublet a broadcasting channel to other organizations.
6. The head of a broadcasting organization or his authorised person shall give
sanction for release of television and sound broadcasts or programs and be
personally liable for their contents and quality.
Article 44. Media bureaus
1. Broadcasting organizations may establish, in accordance with the procedure
established in the laws of Ukraine, their bureaus inside and outside Ukraine.
2. A media bureau shall be a structural division (affiliate) of the
broadcasting organization, established for the purpose of providing information
support to such broadcasting organization.
3. Media bureaus may not independently broadcast or insert information or
advertising on the broadcasting organization’s broadcasting channel.
Article 45. Accrediting of production personnel of a broadcasting organization
1. A broadcasting organization shall be entitled to accredit its production
personnel with such institutions and organizations that have an accreditation
policy.
2. An accreditation policy must be fair, grounded and provide equal treatment
for all broadcasting organizations. The accreditation policy must be published
by the relevant public authority or body of local government, institution, organization
or enterprise where such accreditation policy is in force.
3. Unless the law provides otherwise, a public authority, body of local
government, institution, organization or enterprise may not deny free access or
accreditation of production personnel of a broadcasting organization.
Article 46. Identification information
1. Every broadcasting organization must announce its name and other
identification information (designation, call sign, logotype, etc.).
2. While broadcasting (re-transmitting) sound programmes, every broadcasting organization
shall identify itself with a call sign which shall be transmitted on air at
least every hour.
3. While broadcasting television programmes, every broadcasting organization
shall use its logotype or other identification information.
Article 47. Authorisation of the right to use programs or broadcasts of other
broadcasting organizations
1. Programs or broadcasts of other broadcasting organizations may only be used
in accordance with the Law of Ukraine ‘On copyright and neighbouring rights’.
2. Any modification of the programs of foreign broadcasting companies when they
are distributed over multichannel networks, except as provided in the
agreements with the holders of copyright in audiovisual products or the
legislation of Ukraine for shall be prohibited.
Article 48. Registration of audio-visual works and the keeping of their copies
(records)
1. Every licensed broadcasting organization shall be under the obligation to
keep a log of programmes which it itself broadcasted or re-transmitted or whose
broadcasting or re-transmission in full and unchanged form by a third person
(telecommunications operator) it facilitated.
2. The log shall record the following information:
the date and time of the broadcast;
title and theme of the broadcast;
last names of authors and presenters of the broadcast;
the language of the broadcast.
3. The broadcasting organization shall keep a log of broadcasts for one year
from the date of the last entry.
4. All broadcasts which a broadcasting organization broadcasted or
re-transmitted itself or whose broadcasting or re-transmission in full and
unchanged form by a third person (telecommunications operator) it facilitated
must be recorded and kept on file for 14 days from date of their distribution,
provided no complaint regarding their contents has been filed during this
period.
5. In the event a complaint has been submitted as respects the contents of a
broadcast, a record of such shall be kept until such complaint has been
reviewed and a decision in its regard made, according to the standard
procedure.
6. The terms of a long-term keeping of television and radio broadcasts that are
of historical, artistic, cultural or any other value shall be determined by the
legislation of Ukraine.
Article 49. Distribution of official communications and other required
information
1. The state-run and municipal broadcasting organizations shall have the
obligation to transmit free-of-charge the official communications of the
Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers
of Ukraine and the Constitutional Court of Ukraine, and also, to their relevant
jurisdictions, the official communications of the Verkhovna Rada of the
Autonomous Republic of Crimea, institutions of local self-government and
executive authorities.
2. Broadcasting organizations, irrespective of their structure of ownership,
shall be under the obligation to distribute communications on emergencies. The
right to use for this purpose television and sound broadcasting shall be
granted to the bodies and officials authorised to make decisions in
emergencies.
3. Broadcasting of sessions of the Verkhovna Rada of Ukraine, the Verkhovna
Rada of the Autonomous Republic of Crimea shall be carried out according to
government order and on the contractual basis.
4. The state-run broadcasting organizations, on request of the President of
Ukraine, that of the Chairman of the Verkhovna Rada of Ukraine, the Prime
Minister of Ukraine or the Chairman of the Constitutional Court of Ukraine,
shall provide them air time for emergency official statements on important
issues of public life.
5. The state-run broadcasting organizations shall be obliged to provide in
their programming such time and forms as to allow People’s Deputies of Ukraine
to make statements on the issues pertaining to their official activity.
Participation of People’s Deputies of Ukraine in broadcasts pertaining to other
issues shall be in accordance with general practice.
6. Any statements of local councillors on the issues pertaining to their
official activity, as made in television and radio programs broadcast the
jurisdiction of the relevant local council, shall be so broadcast on the terms
agreed upon with the local broadcasting organizations.
Article 50. Operations of broadcasting organizations during elections
1. The specific features of operation of broadcasting organizations during
elections shall regulated by the electoral legislation.
Article 51. Broadcasting under special circumstances
1. When the state of emergency and/or martial law is declared in Ukraine or any
parts of the country, a special regime of operation may be established for
audiovisual media.
2. Regulation of broadcasting activities in the state of emergency and/or
martial law shall be specified by law.
Article 52. Discontinuance of broadcasting
1. Termination of the licence (if it is not extended) or revocation of the
license, in accordance with the requirements of this Law, shall be grounds for
the discontinuance of broadcasting.
2. The licensee shall be under the obligation to stop broadcasting within 24
hours of termination or revocation of the license.
3. The head of the broadcasting organization, the head of the broadcasting organization
and the telecommunication operator rendering operational services regarding
relevant broadcasting facilities shall bear personal responsibility under the
law if broadcasting continues after receipt of an official notice of
revocation.
Article 53. Advertising
1. Any relations as may arise in the course of advertising or sponsorship
activities on television and radio shall be governed by the Law of Ukraine ‘On
advertising’.
Article 54. Involvement of sponsors in creation of television and radio
broadcasts
1. Legal and natural persons who are not broadcasting organizations or
television and radio production companies may contribute, directly or indirectly,
to financing the production of television and radio programs and broadcasts or
their significant portions.
2. Information about the sponsor (designation or name, trade or service mark,
logotype), in the television and radio broadcasts financed by such sponsor,
must be clearly and accurately indicated by means of subtitles or voice-over at
their beginning and in the end.
3. Essential elements of the sponsor (address, phone number, settlement
account, etc.), and also consumer properties of goods or services may not be
defined.
4. It shall be prohibited to publicise the sponsors under the guise of
information or otherwise during transmission of an audiovisual work.
5. Television and radio programs and transmissions, or their constituent parts,
which are funded by the sponsor may not have direct or indirect reference to
the designation of goods or services.
6. Sponsoring news, television and radio programs and broadcasts covering
political events or issues shall be prohibited.
7. Sponsors may not exert on the time of broadcast and the contents of
television and radio programs and broadcasts or their parts, nor may they
interfere with professional work of broadcasting organizations and their
personnel.
8. Sponsorship shall not exempt broadcasting organization of their
responsibility for the contents of television and radio programs and broadcasts
or their parts.
9. Legal and natural persons whose core business is production or marketing of
those goods and services that may not be advertised on television and/or radio
according to the legislation of Ukraine, may not act as sponsors.
Article 55. Announcement of television and radio broadcasts
1. Announcements of broadcasts shall be information intended for viewers and
comply with the requirements of 59 hereof.
2. Announcements of broadcasts shall be transmitted in accordance with the Law
of Ukraine ‘On advertising’.
Section VI. RIGHTS AND DUTIES OF BROADCASTING ORGANIZATIONS AND THEIR
PERSONNEL
Article 56. The rights of broadcasting organizations
1. Broadcasting organizations and their personnel shall have the right to
obtain any information necessary for the pursuit of their statutory activity,
in the order stipulated by effective legislation of Ukraine, from the public
authorities and, irrespective of their ownership structure, enterprises,
institutions and organizations.
Article 57. Editorial byelaws of a broadcasting organization
1. The editorial byelaws of a broadcasting organization shall set the standards
as respects the generation and dissemination of information.
2. The editorial byelaws shall be subject to approval of the owner of the
broadcasting organization or his authorised agency.
3. The owner of a broadcasting organization may not interfere with the creative
work of the broadcasting organization otherwise as by making amendments to the
editorial byelaws of such broadcasting organization.
4. The editorial byelaws of a broadcasting organization shall specify-
Basic requirements as respects safeguarding that the information disseminated
by the broadcasting organization is accurate, unbiased, impartial and balanced;
the confidentiality requirements;
requirements as respects dissemination of information about violence;
requirements as respects dissemination of information about crime;
requirements as respects dissemination of information about different
communities (ethnic and sexual minorities; faith-based groups, the ill and the
disabled);
requirements as respects protection of children against negative effects of
information disseminated by the broadcasting organization;
requirements as respects verification of information received from third
parties;
requirements concerning respect for copyright and neighbouring rights in the
information disseminated;
special rules as respects dissemination of information on political parties and
politicians both during and outside elections;
requirements as respects advertising and sponsorship;
provisions to prevent embedded advertising and acquisition by creative
personnel of broadcasting organizations of goods and services free of charge or
at a discount.
the procedure for setting up, rules of operation and powers of the editorial
board of the broadcasting organization.
5. The editorial byelaws of a broadcasting organizations shall provide for the
establishment of the editorial board a half of which is appointed by the owner
of the broadcasting organization or its authorised agency, and the other half,
elected by the creative personnel of the broadcasting organization. The
editorial board of a broadcasting organization shall be required-
to control compliance of the television and radio journalists with the
editorial byelaws;
to control observance of the rights of television and radio journalists,
safeguards against censorship and interference with the creative activities of
the broadcasting organization;
to propose that the management of the broadcasting organization consider
dismissal from management position in such broadcasting organization or its
division those officials who have violated the editorial byelaws and/or
requirements of the legislation on the rights of television and radio
journalists, prohibition of censorship and interference with the creative
activities of the broadcasting organization, to order official inquiry and to
dismiss such officials in accordance with the law if the alleged violations are
confirmed.
6. The editorial byelaws of a broadcasting organization must be made public. A
copy of the editorial byelaws shall be sent to the National Council within
seven days of its approval or amendment.
Article 58. The rights of production personnel and television and radio
journalists
1. The creative team of a broadcasting organization shall comprise television
and radio journalists.
2. An organization’s creative team shall have the right to promote the
interests of the television and radio journalists and control observance of the
rights, provisions as respects prohibition of censorship and interference with
the creative activities of the broadcasting organization.
3. A meeting of the creative team of a broadcasting organization shall elected
a half of the editorial board of the broadcasting organization. A television or
radio journalist shall have the right-
a) to attend any meeting of the creative team of the broadcasting organization
and introduce motions for its consideration.
b) to nominate members of and stand in elections for the editorial board of the
broadcasting organization;
c) to report to the editorial board of the broadcasting organization any cases
of violations of the rights of television and radio journalists, safeguards
against censorship and interference with the creative activities of the organization,
and breaches of the editorial byelaws of the organization.
Article 59. The duties of broadcasting organizations
1. The broadcasting organization shall be obliged:
a) to respect the legislation of Ukraine and the terms of the license
b) to comply with decisions of the National Council and judicial authorities;
c) to disseminate unbiased information;
d) to not interfere with the transmission and reception of programmes of other
broadcasting organizations and performance of telecommunication facilities;
e) to comply with the requirements of state standards and technical
characteristics of television and sound broadcasting;
f) to advise television viewers that its programmes are paid;
g) to observe the rules of advertising and sponsorship, as established by
legislation;
h) to respect national dignity, national identity and culture of all nations;
i) to keep confidential, on the basis of documentary proof, any information
about a person who has provided information or other materials on condition
that his name would not be disclosed;
j) to not disseminate any materials which may violate the presumption of
innocence of a defendant or prejudice a court verdict;
k) to not disclose any information about private life of a citizen without his
consent if such information is not of public concern. In the event that a court
finds that dissemination of information concerning a citizen’s private life
does not constitute a public concern, the damages and material loss shall be
indemnified as established by the legislation of Ukraine;
l) to retract any information disseminated where this has been found inadequate,
defamatory, etc
Article 60. The duties of the members of production personnel
1. A member of the production personnel of any broadcasting organization shall
be obliged:
a) to adhere to the programming philosophy of the broadcasting organization and
to its charter;
b) to verify the authenticity of the information that he obtains;
c) to prevent dissemination of such information as is stipulated by the second
paragraph of article 6 of this Law;
d) to prevent dissemination in television and radio programs of information
that violates the rights and legitimate interests of citizens, or is degrading
to their honour and dignity;
e) to comply with such other requirements as arise from this Law, the charter
of the broadcasting organization and, also, the terms of his contract of
employment with such broadcasting organization.
2. The duties stipulated by part one of this article shall apply to part-time
production personnel of the broadcasting organization.
3. Where a member of the production personnel is nominated for an elective
office, he shall enjoy, so far as the use of television and sound broadcasting
is concerned, equal rights with other candidates.
4. A member of the production personnel may not use his official position in
the interests of the candidate whose authorised representative he may be.
Section VII. THE RIGHTS OF TELEVISION VIEWERS AND RADIO LISTENERS
Article 61. Protection of the rights of viewers and listeners
1. Television viewers and radio listeners shall have the right-
to receive any program services of broadcasting organizations, which are
accessible for reception in the territory of Ukraine;
to be informed of the broadcast schedule;
to address broadcasting organizations, their founders, the National Council and
the State Broadcasting Committee of Ukraine with their comments and proposals
concerning the contents and technical quality of programs and broadcasts, and
to have their responses, in writing or directly in broadcasts;
to confute as provided by law any information in their respect disseminated by
a broadcasting organization.
Article 62. Protection of public morals and the rights of minors and young
people
1. Broadcasting organizations and programming service providers shall be
obliged to respect the provisions of the Ukrainian legislation on protection of
public morals as they create, prepare and distribute television and radio
programmes and broadcasts.
2. Broadcasting organizations must not distribute nor announce programs and
broadcasts which are likely to impair physical, mental and spiritual
development of minors and young people, excepting daily intervals from 23:00 to
06:00 hours and conditional access channels.
Such programs or broadcasts must have a special caution, be appropriately
labelled in the schedule of programs of broadcasting organizations and
specifically identified immediately before their transmission.
3. In their programs and broadcasts, broadcasting organizations must not
without a written consent of the parents or persons who may act in their stead,
and also of the relevant law-enforcement agencies, disclose any information
which-
may help identify the person of a juvenile offender
pertains to the fact of suicide of a minor
Article 63. Impermissibility of distortion of information
1. The interviewee or the person who has provided information to a broadcasting
organization shall have the right to demand in writing that he should preview,
or listen in to, the ready material before its transmission.
2. Disputes as respects inadequacy or incompleteness of information distributed
in broadcasts specified in the first paragraph above shall be settled in court.
Article 64. Right of retraction
1. Any citizen or legal person shall have the right to demand that the
broadcasting organization retract any information distributed in its program or
transmission which does not represent the facts and/or is degrading to honour
and dignity of the person.
2. The same right shall be enjoyed by official representatives of a citizen if
the citizen is unable to demand such retraction.
3. A written complaint with the demand to retract may be lodged with the
broadcasting organization within 14 days from the date of distribution of such
information, of which a written notice should be served on the National
Council.
4. The broadcasting organization must consider such application within seven
day of its receipt, unless otherwise provided for by the legislation of
Ukraine.
5. The broadcasting organization shall be under the obligation, if so requested
by the applicant, to afford him free-of-charge an opportunity to listen in to
(preview) the relevant portion of the program or transmission or to provide for
a fee a copy of such fragment.
6. If a broadcasting organization lacks sufficient evidence that the
information which it has distributed represented the facts, it shall be obliged
to promptly retract such.
7. The retraction must be distributed by the same broadcasting organization and
in the same program or transmission, as the information which does not
represent the facts, or at such other time as may agreed upon with he aggrieved
person.
8. The retraction must indicate which information does not represent the facts,
and also when and in which program or transmission it was distributed by the
broadcasting organization.
9. If the citizen or legal person has submitted the text of retraction, it
shall be subject to distribution provided that it conforms to the requirements
of this Law. Reductions or other changes in the text of the retraction
submitted by the complainant shall only be made with his consent.
10. Where a broadcasting organization is under the obligation to distribute the
text of a retraction, it must, if so requested by the citizen or a
representative of the legal person, grant him an opportunity to present such
text and broadcast it in record.
11. The broadcasting organization must notify the complainant on the tentative
time of distribution of such retraction or text.
12. The broadcasting organization must promptly notify the complainant of its
refusal to publish a retraction.
13. In the event that a retraction is ordered by a court decision, the text of
the retraction shall be distributed by the broadcasting organization in a
manner set down in this Law.
14. A broadcasting organization may refuse a person to retract information
disseminated if the request for retraction has been made in breach of the
requirements of this Law.
Article 65. Right of reply
1. A physical or legal person in whose respect a broadcasting organization has
distributed in its program or broadcast any information which does not
represent the facts or violates any rights or legitimate interests of such
person, notwithstanding any request for retraction that such person may have
lodged, shall be entitled to a reply (comment or own interpretation of the
case) in a program or broadcast of such broadcasting organization.
2. The procedure of filing a request claiming the right of reply (commentary or
interpretation of the facts) shall be governed by article 64 of this Law.
Article 66. Compensation of moral damages
1. Any moral (non-property) damages shall be compensated in conformity with the
Civil Code of Ukraine.
Article 67. Exemption from liability for distribution of information which
is contrary to facts
1. Broadcasting organizations and their personnel shall not be liable for
distribution of any information which is contrary to facts where:
a) such information was contained in an official communication or was received
in writing from a public authority or body of local government.
b) such information is a verbatim quotation of any statement or speech (oral or
printed) of any public official, of officer of local self-government, or a
People’s Deputy of Ukraine, candidate for the office of the President of
Ukraine, candidate for a People’s Deputy of Ukraine or a deputy of any assembly
or council, or a candidate for a mayor;
c) such information was contained in a personalised statement broadcast without
prior recording or in a statement made by a person other than members of the
broadcasting organization’s personnel.
d) such information is a verbatim reproduction of any material distributed by
another media outlet or news agency, where a clear reference to such is made;
e) exemption from liability is provided for by another law.
Section VIII. INTERNATIONAL COOPERATION IN THE FIELD OF TELEVISION AND
SOUND BROADCASTING
Article 68. International cooperation of broadcasting organizations
1. Broadcasting organizations shall collaborate with foreign partners on the
basis of direct agreements.
2. If an international treaty to which Ukraine is a party provides other rules
than this Law, then the rules of the international treaty shall prevail.
Article 69. Operation of representatives of foreign broadcasting organizations
in the territory of Ukraine
1. Accreditation of foreign TV and radio correspondents shall be executed by
the Ministry for Foreign Affairs of Ukraine.
2. Accredited foreign correspondents shall have such rights and duties of an
employee of a broadcasting organization as provided for by this Law.
3. The representatives of foreign broadcasting organizations not accredited in
Ukraine in accordance with the established procedure shall carry out their
activity on equal footing with the employees of foreign corporations.
Section IX. LIABILITIES FOR VIOLATION OF BROADCASTING LEGISLATION
Article 70. Control and supervision of observance of the legislation by
broadcasting organizations and programming service providers
1. The National council shall exercise control of observance and make provision
for compliance with the requirements of-
the broadcasting legislation of Ukraine;
the Law of Ukraine ‘On advertising’ as respects sponsorship and distribution of
advertising on television and sound broadcasting;
the legislation on protection of public morals;
the legislation on cinematography as respects the quotas of domestic films
shown;
the legislation on elections.
2. The Antimonopoly Committee of Ukraine shall control observance of the
legislation on promotion of fair competition.
3. The State Communications Inspectorate shall exercise, as provided for by
law, public supervision of the use of bandwidth for the purposes of television
and sound broadcasting, activities of telecommunications operators and monitor
the technical characteristics of distribution of audio-visual information.
4. Authorized agencies of the Cabinet of Ministers of Ukraine shall control
observance of the legislation on copyright and neighbouring rights.
5. Control and supervision over other legal requirements shall be exercise by
other public authorities within their competence.
6. Where there are elements of violation of the legislation by a broadcasting organization
or programming service provider, the authorised agency shall sanction the
offender or refer the matter to the National Council of Ukraine as required by
law.
Article 71. Liabilities for breach of the broadcasting legislation
1. Broadcasting organizations, programming service providers, their executive
officers and employees thereof, other economic entities, officials of public
authorities and institutions of local self-government shall be held liable for
violations of the broadcasting legislation. Those found guilty of violations
shall be liable civilly, administratively or criminally, as provided for by the
effective legislation of Ukraine.
2. The measure of responsibility and the corresponding sanction shall be
established by court. Where warranted by this Law, the sanctions for specific
violations of the broadcasting legislation shall be meted out by the National
Council.
3. Decisions of the National Council as respects the imposition of sanctions
may be appealed in court.
4. The responsibility for violation of the broadcasting legislation shall be
established on the basis of documented testimonies, reports of the results of
audits of broadcasting organizations, petitions of such public authorities as
are defined by this Law.
Article 72. Sanctions for violation of the broadcasting legislation
1. Sanctions for violations of the broadcasting legislation shall be imposed as
ordered by a court or, where it is so warranted by this Law, by the National
Council.
2. The National Council shall sanction the broadcasting organizations found to
have violated the requirements of this Law or those of their license.
3. The National Council shall sanction the programming service providers found
to have violated the requirements of this Law.
4. In the event that the broadcasting legislation has been violated by the
other legal or natural persons, the National Council shall refer such cases to
a court or to other public authorities for the purpose of eliminating such
violations in accordance with the legal procedure.
5. The National Council shall base its decisions on applying sanctions on the
available documentary evidence, audit reports or representations of public
authorities specified by this Law.
6. The National Council may impose the following sanctions on broadcasting organizations
and programming service providers:
admonition;
fine;
initiation of the broadcast license revocation in court.
7. A decision to admonish shall be made where the broadcasting organization has
violated the legislation or the terms of the license, or programme service
provider the legislation, for the first time.
8. A decision to impose a fine shall be made-
in the event that the relevant violation were not eliminated after admonition;
in the event that the broadcasting organization has been admonished on at least
three occasions since the date of issue (extension) of its license;
in the event that the programming service provider has been admonished on at
least three other occasions after it was fined.
9. No fine may be imposed if more than one calendar year has elapsed since the
time of the last violation.
10. The fines are assessed by the National Council with advice and consent of
the Cabinet of Ministers of Ukraine, according to requirements of the
legislation.
11. A decision on exaction of a fine may be appealed in court.
12. If the violations have not been eliminated after an admonition and exaction
of a fine, the National Council brings the matter before the court, seeking
revocation of the broadcast license of the broadcasting organization or
cancellation of public registration of the programming service provider.
Article 73. Consideration by the National Council of the cases of
violation of the legislation of Ukraine or the terms of license by a
broadcasting organization or programming service provider
1. The matter of a violation by a licensee of the legislation or the terms of
the license shall be considered in a session of the National Council in
conformity with the procedure set down by this Law and the Law of Ukraine ‘On
the National Broadcasting Council of Ukraine’.
2. The grounds for the National Council’s initiating consideration of a matter
of violation by a licensee of the legislation or the terms of the license shall
be audit reports.
3. Before the session, the representative of the licensee shall have the right
to get acquainted with the case file, present arguments, adduce evidence and
submit petitions. During consideration of the matter he may use legal
assistance.
Article 74. The making of a decision by the National Council upon
consideration of a violation of the legislation of Ukraine and the terms of the
license by a broadcasting organization or programme service provider
1. Having considered the case of violation of the legislation of Ukraine or the
terms of the license by a licensee, the National Council shall make one of the
following decisions:
a) to find a violation and apply of a sanction as stipulated by this Law;
b) to perform an additional audit;
c) to find no violation.
2. A copy of the decision shall be handed over to the licensee within ten days
of its date.
Article 75. Execution of a decision on application of sanctions
1. A decision of the National Broadcasting Council of Ukraine on application of
a sanction shall handed or mailed to the head of the licensee.
2. The National Council may set in its decision to impose a sanction a deadline
for the elimination of the violation.
3. Where a fine is imposed, the licensee shall be obliged to pay the same
within one month from the date of receipt of the decision to exact such fine.
Every day of delinquency shall carry a penalty of one percent of the amount of
the fine. In the event of refusal to pay the fine, the same shall be recovered
by court.
4. The amounts of fines shall be remitted to the State Budget of Ukraine.
5. A licensee shall have the obligation to present a documentary proof of
payment of the fine (a copy of the money order) within five days of the date of
payment.
Section X. TERMINAL PROVISIONS
1. This Law shall take effect on the date of publication.
2. The laws and regulations in effect, until harmonised with this Law, shall
apply to the extent that they do not contradict this Law.
3. All licenses that have been issued by the National Council before entry of
this Law into effect shall remain valid for the term defined in such licenses.
Where a broadcast license is extended, the National Council shall harmonise
with the provisions of this Law. The territorial category of broadcasting shall
be changed on request of the licensee in compliance with the procedure set down
by this Law. In such event the broadcasting organizations that were
broadcasting before its entry into force in the oblasts (including the
Autonomous Republic of Crimea) comprising at least two thirds of the population
of Ukraine shall acquire the same status as the national broadcasters.
The broadcasting organizations shall be required to adopt their editorial
byelaws as provided herein and file their copies with the National Council
within one year of the effective date of this Law.
4. The following laws of Ukraine shall be amended:
1) The Law of Ukraine ‘On the National Broadcasting Council of Ukraine’ (The
Vidomosti Verkhovnoi Rady Ukrainy, 2005, No. 16, p. 265):
a) to give the preamble the following reading:
This Law shall set forth the legal principles of activity of the National Broadcasting
Council of Ukraine (“the National Council”) as a constitutional, standing,
collegiate, public supervisor and regulator in the domain of television and
radio broadcasting”;
b) to give article 3 para 2 the following reading:
“2. The National Council may not delegate its powers to a third party. No
member of the National Council may not discharge alone of the functions vested
in the National Council”;
c) in article 4 para 3, to replace the words ‘four years’ with ‘five years’;
d) in article 5-
to supplement paragraph 1 with a sentence: “the powers of a member of the
National Council are terminated in accordance with a resolution of the
Verkhovna Rada of Ukraine”;
to give the last sentence of para 2 the following reading:
“Nomination of candidates for the National Council shall be the prerogative of
the deputy groups in the Verkhovna Rada of Ukraine and/or the pan-Ukrainian
citizens’ associations active in the field of media activities”;
e) in article 7-
to give the first subparagraph of para 1 the following reading:
“1. Any citizen of Ukraine who is a competent specialist in the domain of
journalism, jurisprudence, broadcasting, management, academic research,
culture, arts, has a higher education, at least five years of work experience,
in particular as a researcher or educationist, in the field of broadcasting,
and command of the official language, and who has resided in Ukraine for the
previous 10 years and is below the lawful age of retirement at the date of
appointment may be appointed a members of the National Council”;
to replace the words “for the provision of an equal office by the State
Employment Service” in para 7 with the words “to placement in an equal position
in accordance with the legislation of Ukraine”;
f) to give the first subparagraph of article 8 para 1 the following reading:
“1) application for dismissal for personal reasons or acceptance of resignation
as provided by the law of Ukraine ‘On Civil Service’;
g) to supplement article with a paragraph reading-
“7. The Chairman of the National Council shall be the administrator of public
funds assigned for maintenance and operations of the National Council and,
also, pursuant to decisions of the National Council, of extrabudgetary or other
funds credited to the account of the National Council from the source not
prohibited by the legislation of Ukraine”;
h) in article 11:
to supplement para 2 with the following sentence: “The representative of the
National Council is a member of the National Council staff and performs official
functions in accordance with the manning table of the National Council”;
to give the second subparagraph of para 7 the following reading:
“supervision over licensees’ compliance with the terms of their licenses”;
i) to add the words ‘relevant’ after the words ‘equal to’ in article 12 para 6;
j) to give article 13 para 2 the following reading:
“supervision over compliance with the broadcasting legislation by broadcasting organizations
and programming service providers”;
k) in article 14, to insert the following subparagraph after second
subparagraph:
“licensing programming service providers”.
In view of above, to renumber subpara 3-6 to subparas 4-7;
l) in article 15, to insert the following subparagraph after second
subparagraph
“design and approval of a National Television and Radio Information Space
Development Plan”.
In view of above, to renumber subparas 3-11 to subparas 4-12;
m) in article 16:
paragraph 3:
to insert the following three subparagraphs after the first paragraph:
“tasks laid down in the National Television and Radio Information Space
Development Plan for the reporting period and results of their implementation;
Information as respects any modifications made to the National Television and
Radio Information Space Development Plan;
tasks laid down in the National Television and Radio Information Space
Development Plan for the next reporting period”.
In view of above, to renumber subparas 2-7 to subparas 5-10;
to give the following reading to the ninth subparagraph:
“information on compliance with the legal requirements as respects the share of
foreign capital in the authorised funds of broadcasting organizations and the
requirements as respects the constituent instruments and byelaws of
broadcasting organizations”;
to give the following reading to para 5:
“5. Proceedings from the results of hearing the report of the National Council
the Verkhovna Rada of Ukraine may pass a vote of no confidence to the National
Council. Where the President of Ukraine also expresses no confidence, the
entire composition of the National Council shall resign”;
n) to give the following reading to article 19:
“Article 19. Public registration of broadcasting organizations and programming
service providers
The National Council shall execute public registration of broadcasting organizations
and programming service providers and keep appropriate registers, as required
under the Law of Ukraine ‘On television and sound broadcasting”;
o) to give the following reading to article 21
“Article 21. Sanctions for violation of the broadcasting legislation
The National Council shall apply sanctions to the offenders of the broadcasting
legislation, as provided under the Law of Ukraine ‘On television and sound
broadcasting’.”;
p) to supplement article 22 with the following para 5:
“5. The National Council may found (co-found) printed media”;
q) in article 24 para 2-
to insert the following subparagraph after subparagraph 3:
“the National Television and Radio Information Space Development Plan and amendments
thereto are approved”.
In view of above, to renumber subparas 4-14 to subparas 5-15;
to insert the following subparagraph after subparagraph 9:
“decisions on issue or extension of programming service provider’s licenses, on
approval and modification of respective programme packages of the versatile
programme service are made”.
In view of above, to renumber subparas 10-15 to subparas 11-16;
to insert the following subparagraph after subparagraph 13:
“decisions to apply sanctions or to initiate court proceedings for the purpose
of revoking the broadcast license or cancelling public registration of the
programming service provider are made”.
In view of above, to renumber subparas 14-16 to subparas 15-17;
r) to give the fourth subparagraph of article 25 para 1 the following reading:
“design and implementation of a National Television and Radio Information Space
Development Plan, introduction of new technologies and carrying out research as
respects the use of radiofrequency bandwidth for broadcasting purposes”;
2) to give article 28 para 2 of the Law of Ukraine ‘On telecommunications’ (The
Vidomosti Verkhovnoi Rady Ukrainy, 2004, No. 12, p. 155) the following reading:
“2. Provision of telecommunications services for the needs of television and sound
broadcasting shall be regulated by the Law of Ukraine ‘On television and sound
broadcasting’”;
3) in the Law of Ukraine ‘On radio frequency resource of Ukraine’ (The
Vidomosti Verkhovnoi Rady Ukrainy, 2004, No. 48, p. 526):
a) To insert the word ‘directly’ after the words ‘the operation of which’ in
article 1 subpara 9;
b) to insert the words ‘to individual request’ after the words ‘development of
conclusions’ in article 16 para 3.7
c) to give article 19 para 4 the following reading:
“4. Radiofrequency monitoring in public and special RF bandwidth shall be
provided on a fee for service basis within at the cost of the State Budget of
Ukraine”;
d) in article 24:
to strike the words ‘to the extent it concerns television and sound
broadcasting’ from subpara 2;
to replace the word ‘broadcasting’ in the third subparagraph with the words
‘broadcasting channels and networks’;
e) to insert the words ‘broadcasting organizations’ in the second subparagraph
of article 30 para 2;
f) to insert the words ‘broadcasting organizations and programming service
providers’ after the words radio frequency resource of Ukraine’ in article 31
para 5;
g) in the third subparagraph of article 42 para 7, to insert the words ‘or a
copy of the multichannel network operator’s license’ after the words ‘broadcast
license’, and replace the words ‘telecommunications systems’ with the words
‘telecommunications networks’;
4) in the Law of Ukraine ‘On licensing certain economic operations’ (The
Vidomosti Verkhovnoi Rady Ukrainy, 2000, No. 36, p. 299; 2001, No. 11, p. 45;
2002, No. 1, p. 1, No. 20, p. 134; 2004, No. 12, p. 155; 2005, No. 42, p. 465):
a) to replace the words ‘licensing of broadcasting channels’ with the words
‘licensing of activities in the field of television and sound broadcasting’;
b) to supplement article 4 with the following paragraph:
“Development and implementation of the public policy of licensing of television
and sound broadcasting shall be carried out by the National Broadcasting
Council of Ukraine”;
5) to supplement article 19 of the Law of Ukraine ‘On cinematography’ (The
Vidomosti Verkhovnoi Rady Ukrainy, 1998, No. 22, p. 114; 2003, No. 30, p. 248)
with a second paragraph:
“With a view to promotion of cinematography in Ukraine, including such by way
of using sponsorship and charity funds, be it established that the total costs
of a tax-payer, irrespective of its organizational and legal structure or
ownership pattern, shall be deemed to include any amounts or value of assets
allocated by such tax-payer as a financial aid in support of production and
distribution of domestic films, however to the extent that does not exceed 10
per cent of such tax-payer’s gross revenues for the reporting (fiscal) year”.
In view of above to renumber paras 2-8 to paras 3-9;
6) in the Law of Ukraine ‘On Corporate Tax’ (The Vidomosti Verkhovnoi Rady
Ukrainy, 1997, No. 27, p. 181; 1998, No. 10, p. 35; 1999, No. 48, p. 418; 2000,
No. 32, p. 254, No. 39, p. 333; 2001, No. 32, p. 169; 2002, No. 2, p. 12, No.
29, p. 192; 2003, No. 12, p. 88, No. 33-34, p. 267; 2004, No. 35, p. 412, No.
52, p. 563; 2005, No. 5, p. 114, Nos. 17-19, p. 267):
a) to insert the following subparas 5.2.18 and 5.2.19 in subpara 5.2:
“5.2.18. The amount of funds or value of assets assigned as financial aid for
the purpose of production and distribution of domestic films.
5.2.19. The amount of funds or value of assets assigned for the purpose of
acquisition, creation and production of audiovisual works”;
b) to insert the following subparagraph 6 in article 8 para 1.3:
“creation and/or acquisition of audiovisual works”.
5. The Cabinet of Ministers of Ukraine shall ensure that the ministries and
other executive authorities of Ukraine bring their regulations in conformity to
this Law within three months of this Law entry into force.
The National Council of Ukraine shall bring its regulations in conformity to
this Law within three months of this Law entry into force.
Viktor YUSHCHENKO, President of Ukraine
At Kyiv, this 12th day of January 2006.
No. 3317-IV