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On State Support Of Cinematography Of The Russian Federation

Original Language Title: О государственной поддержке кинематографии Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW On State Support for Cinematography Russian Federation adopted by the State Duma on July 17, 1996 Federation on 7 August 1996, (In the wording of the federal laws of 22 August 2004). N 122-FZ; of 31.12.2005 N 199-FZ; 03.03.2006 N 31-FZ; 26.06.2007 N 118-FZ; of 24.07.2007 N 218-FZ; , 30.12.2008 N 308-FZ; of 27.12.2009 N 375-FZ; of 12.11.2012 N 191-FZ; of 28.12.2013 N 396-FZ; of 05.05.2014 N 101-FZ; dated 01.12.2014. N 419-F) Cinema of the Russian Federation (cinematography), being an integral part of culture and art, should be preserved and developed with the support of the state. This Federal Law defines the main directions of the state's activities for the preservation and development of cinematography and establishes the procedure for state support of cinematography. CHAPTER I. GENERAL PROVISIONS Article 1. The principles of state policy in the field of cinematography State filmmaking policy is based on the following principles: The recognition of cinematography in the field of culture and art, compulsory The condition of existence of which is the development of creative, educational, production, technical, scientific and information base; State responsibility for the preservation and development of cinematography; Conditions for access to cinematography. Article 2. Legislation on State support cinematography Legislation on State support for cinematography is made up of the Laws OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of the Federal Law, dated 27.12.2009, N 375-FZ) (Article in the wording of Federal Law of 31.12.2005) N 199-FZ) Article 3. Key concepts For the purposes of this Federal Act, the following basic concepts are used: Cinematography, the Area of Culture and Art, which includes a set of professional, creative, productive, scientific, technical, educational activities aimed at the creation and use of cinematography; film-audiovisual work created in fiction, chronically-documentary, scientific-popular, educational, animation, television or other forms on the basis of creative design, consisting of a picture of films on film or other types of media and connected to a thematic whole of related personnel, designed to be perceived by the relevant technical devices. A film of at least 52 minutes is a feature film. A short film of less than 52 minutes is a short film; film-regular features of documentary stories reflecting the characteristic (predominantly outgoing) features of time, place, circumstances and in the perspective of the film production; movie release in any form and in any way; screening of the film is a public demonstration of a film in the cinema, on etheric, cable, Satellite television and other technical means; Producer of the film is a natural or legal person who has taken the initiative and responsibility for financing, producing and renting a film; The film promotor is a natural or legal person who has the right to rent a film and about a nouns or arranging a rental; film demonstrator is a physical or legal person who shows the film; film-the place in which the film is screened; Film organization- organization, regardless of the legal form and form The property, the main activity of which is the production of the film; production of film oletyletters; the printing of the film; the release of the film; the screening of the film; the restoration of the film; the maintenance of the film; and the production of films; production of film equipment; performance of works and services of film production, film equipment (rental of film equipment, rent of pavilions, cinema complexes, sewing costumes, construction of decoration, manufacture of makeup, pastrami products, props, game machines, special effects, film processing, soundness of film and other); educational, scientific, research, publishing, advertising and promotional activities in the field of cinematography; the preservation of the film; the storage of original film materials; and set of documents that make a decision on the state financing of the production of the national film; original material of the film-negative, contratype, control copy of the film, original magnetic tape rewriting, music, noise, video-master, CD and other, necessary for the replication of the film in any material form; raw materials of the film-negativ, the video-master, the original of the tapes of the replicas and the noise and other necessary for production and printing of the film in any material form; Multiplier of the film-making one or more copies of the film (print runs) in any material form; film production-film, original film materials, film screenings, original film materials, film or part of the film edition; film equipment- equipment, equipment, technical devices and spare parts to be used in film production, film production, printing of film, film, film, performance, and film production services, production of film materials-raw materials, materials used in film production, film production, printing of film, film restoration, movie rental, film showings, performance of works and provision of services production of film, film production, manufacture and production of film equipment; administration of cinematography-leader, deputy heads, board members, editor-general, chief engineer, chief accountant; , the in-house creative composition of the film industry- artists (art director, director, art director, animator, costume designer, artist, painter, sound engineer, editor, film editor, film editor, director of the film) consisting of working relations with the organization of cinematography [ [ Artist of the Artist]] (author of the scenario, composer, actor, performers of major roles) who are not in the labor market Films about the organization of cinematography; or the Administration of Cinematography in accordance with the present Federal Law; Common Federal Automated Information System for Movies in Film halls (hereafter referred to as a single information system)-a set of The database of the federal executive authority in the field of cinematography of information about films in cinemas and ensuring its processing of information technologies and technologies. (Paragraph is amended by the Federal Law of 27.12.2009). N 375-FZ) Article 4. National film The film is a national film if: producer of the film is a citizen of the Russian Federation or a legal entity registered in the established order in the territory of the Russian Federation; most of the authors of the film are citizens of the Russian Federation; (In the wording of the Federal Law 27.12.2009 N 375-FZ) in the film crew (directors, directors, operators, sound operators, art directors, costume designers, performers, artists, performers of major roles) is not more than than 30 per cent of stateless persons of the Russian Federation; , the film is made in Russian or in other languages of the peoples of the Russian Federation, except if the use of a foreign language is as an integral part of the artistic design; class="ed"> (In the revision of Federal Law dated 27.12.2009) N 375-FZ) at least 50 per cent of the total work in the estimated price of production of the film, the printing of the film, the film and the film is performed by film organizations registered in the established In the Russian Federation, foreign investment in the production of the film does not exceed 50 per cent of the estimated cost of the film; (In the wording of Federal Law dated 27.12.2009 N 375-FZ) in the film is not used for the uncensal bran. (The paragraph is supplemented by the Federal Law of 05.05.2014). N 101-FZ ) The film, which is produced in accordance with the international agreements of the Russian Federation with the film's producers, is also considered a national film. foreign nationals, stateless persons, foreign legal entities. (In the wording of the Federal Law, dated 27.12.2009, N 375-FZ) CHAPTER II. GOVERNMENT SUPPORT MEASURES CHINEMATOGRAPHY Article 5. The [ [ Federal Executive Office]] of the [ [ Government]] of the State [ [ cinematography]], [ [ Government of Cinematography]] is entrusted with the exercise of State support for cinematography OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Regulations on the Federal Executive in Cinematography are approved by the Government of the Russian Federation. The main activities of the federal government in the field of cinematography are: development of draft laws and other normative legal acts in the field of cinematography; and the implementation of federal programmes relating to the preservation and development of cinematography; participation in the development of the federal budget for the cost of cinematography; coordinating the development of cinematography infrastructure; Maintenance of the State Register of Films and Extradition in order to regulate the rental of films and films on the territory of the Russian Federation, to protect the rights of the film rights holders, to define the age category of the audience The Government of the Russian Federation; (as amended by the Federal Law of 27.12.2009); N 375-FZ) development and approval of the national film; issuance of a national film; promoting the development of education in cinematography, cinematographic science and Preparation of creative and engineering personnel; development of a system of state statistical reporting in the field of cinematography; (In the wording of Federal Law of 03.03.2006 N 31-FZ development of international relations in the field of cinematography, representation in international film organizations, commissions, participation in meetings, conferences and other events; , on behalf of the Russian Federation, of the right of the holder of information contained in databases of a single information system; (Paragraph is amended by the Federal Law from 27.12.2009 N 375-FZ)exercising the authority of the rights holder on the database of a single information system; (Paragraph added-Federal law dated 27.12.2009 N 375-FZ) Support for the introduction and operation of the unified information system on the territory of the Russian Federation; (Paragraph added-Federal law dated 27.12.2009 N 375-FZ) access to information contained in databases of a single information system; (Paragraph is added-Federal Law dated 27.12.2009 N 375-FZ) approved the selection of national films to be made mandatory by subtitration and thyself-commenting, through the federal budget, and the implementation of such selection. The paragraph is supplemented by the Federal Law of 01.12.2014. N 419-FZ) Article 5-1. Rolling certificate in the film Implementation in the Russian Federation of a film and (or) screening of a film without a rental certificate, which sets out, inter alia, the way the film is used, not is allowed, except for broadcasting, cable, satellite television of the film created for such a show, and the international film festival of the film imported from abroad for the film at the Russian Federation territory showing. The film is approved by the federal executive body in the field of cinematography. The implementation of a film and/or a film without a rental certificate in the territory of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION The film is not issued if the film contains material in violation of the Russian Federation's legislation on countering terrorism and extremism, contains information about methods and methods the development and manufacture of narcotic drugs, psychotropic substances or their precursors, material advertising pornography, the cult of violence and cruelty, the film uses hidden inserts and other techniques and methods of distribution information that affects the subconscious people and (or) the harmful The effect on their health, as well as in case of violation of the procedure established by the Government of the Russian Federation for the issuance of a rolling certificate for the film and in other federal cases defined by federal law. The procedure for the extradition, refusal and withdrawal of the rental certificate for the film shall be established by the Government of the Russian Federation. A rental certificate will not be issued for the film screening if the film contains an uncensal bran. (Article added-Federal law dated 05.05.2014 N 101-FZ) Article 6. State support for cinematography Forms of State support for cinematography are: Adoption of laws and other normative legal acts in the field of cinematography; partial State Financing of production, rental and screening of national films; (In the wording of Federal Law of 24.07.2007) N 218-FZ) full public funding of film recordings; (Paragraph 5 is no longer valid-Federal Law of 22.08.2004 N 122-FZ ) public finance for expenses related to the functions of the operator of a single information system. (Paragraph is amended by the Federal Law of 27.12.2009). N 375-FZ) The main measures of state support for cinematography are aimed at: creation of national films, including for children and young people, and national film films; Preservation and development Material and technical base of cinematography; creation of conditions for the rental and screening of national films; implementation of educational and scientific programmes; Film festivals and other cultural events activities; participation in international film festivals and other international cultural activities. All cinematography organizations have the right to receive State support. (Part Four was lost-Federal Law of 22.08.2004) N 122-FZ) State authorities of the constituent entities of the Russian Federation may participate in State support measures for cinematography. (Part added-Federal Law of 31.12.2005 N 199-FZ) Article 6-1. A unified federal automated screenings information system audiovisual works, consumer rights and the provision of the federal executive authority in the field of cinematography with accurate and timely information on the state of the domestic market for films. The film's film showroom, which is charged with a film in the cinema hall, is required to transmit information to the common information system concerning each film sold during the film screening in the cinema hall name of the cinema, the date, time, name of the session, the title of the film, the number of the rental certificate, the number or the name of the cinema, the number of the number, the room number, the price of the ticket, the discount on the ticket. This information shall be in full compliance with the information contained in the ticket, the form of which has been approved by the federal executive authority in the field of cinematography as a form of strict accountability, and which was used in the screening of the film in the cinema hall. The { \b { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } } in the ticket, into a single information system for each of the films sold in the cinema of the ticket. The functions of the operator of the unified information system (hereinafter referred to as the operator of the system) shall be performed by a person defined by the federal body of the executive in the field of cinematography in accordance with the procedure established by the legislation of the Russian Federation The contract system in the procurement of goods, works and services for state and municipal needs. (In the wording of Federal Law No. N 396-FZ) The system operator operates a unified information system, including the processing of information from the system's databases from the film's demonstrators, and the development of the information system for these purposes software. Financial support for the execution of the functions of the system operator is carried out within the limits of the federal budget allocated to the state support of cinematography provided for by the federal executive branch The area of cinematography is based on the price of the contracted state contract (contract) for the provision of appropriate services. (In the wording of Federal Law No. N 396-FZ) How to operate a unified information system, the frequency of the information provided in this article and the conditions for the provision of the information contained in OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of the Federal Law No. N191-FZ)Requirements for technical means, software, information security (including unauthorized access) used in the operation of a single information system and with In the field of film, the exchange of information between the demonstrator of the film and the operator of the system is approved by the federal executive authority in the field of cinematography. Failure to provide a demonstrator with the information provided for in this article or to provide such information in full or distorted form incurs liability in accordance with the law of the Russian Federation Federation. (Article padded to Federal Law of 27.12.2009) N 375-FZ CHAPTER III. PUBLIC FINANCE CHINEMATOGRAPHY Article 7. The conditions and manner of public funding cinematography One of the forms of state support for cinematography is its partial public funding. State funding is provided on the basis of a state contract concluded by the federal executive in the field of film with a producer, a promoter, a demonstrator of the national film in order, OF THE PRESIDENT OF THE RUSSIAN FEDERATION financial year, or by grant from the federal budget in the cases and in the manner provided for by the federal budget law for the corresponding fiscal year and the plan period and the legal acts adopted by the Government of the Russian Federation. (In the wording of Federal Law No. N 396-FZ) Public funding may not be used for purposes other than those provided for by a government contract concluded between the federal executive authority in the field of film and by producer, promoter, demonstrator of national film, federal law and (or) normative legal acts of the Government of the Russian Federation, adopted under the federal law on the federal budget fiscal year and plan period. (Article as amended by Federal Law No. N 308-FZ) Article 8. State funding for the production of the [ [ national film]], the Federal Executive in the field of cinematography takes the decision to allocate funds for the production of the national film within the cost limits The federal budget for cinematography for the corresponding fiscal year. (In the wording of Federal Law of 24.07.2007) N 218-FZ State funding for the production of a national film may not normally exceed 70 per cent of the estimated value of its production. In exceptional cases, given the artistic and cultural significance of the film project, the federal body in the field of cinematography takes a decision on the state financing of the national film up to 100 The estimated cost of its production. State funding for the production of the national film is based on a government contract with a producer for the production of the national film in accordance with the law OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federal Act on the federal budget for the OF THE PRESIDENT OF THE RUSSIAN FEDERATION (Part added-Federal Act of 24 July 2007. N 218-FZ; (as amended by Federal Law of 30.12.2008) N 308-FZ; of 28.12.2013 N 396-FZ) Article 9. State funding for the rental of the national film Federal Executive in the field of cinematography takes a decision to allocate a loan promoteer (printing of copies, subtitration, advertising and advertising) (a) A national film designed to be shown on the territory of the Russian Federation, within the limits of the federal budget for cinematography for the corresponding fiscal year. (In the wording of Federal Law of 24.07.2007) N 218-FZ) State financing of the national film will not exceed 70% of the estimated rental cost. State funding for the rental of a national film designed to be shown on the territory of the Russian Federation is carried out on the basis of a state contract concluded in accordance with OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federal Act on the federal budget for the The corresponding fiscal year and the planning period and the normative legal acts of the Government of the Russian Federation. (Part added-Federal Act of 24 July 2007. N 218-FZ; (as amended by Federal Law of 30.12.2008) N 308-FZ; of 28.12.2013 N 396-FZ) Article 10. State funding for the participation of the national film at the international film festival The Federal Executive in the field of Cinematography implements public funding for participation A national film at the "A" International Film Festival on the basis of a state contract concluded under the laws of the Russian Federation on the contractual system in the procurement of goods, works and services for of State and municipal needs class="ed"> or through the provision of federal grants in the cases and in the manner provided for in the federal budget law for the corresponding fiscal year and plan period By the normative legal acts of the Government of the Russian Federation. N 218-FZ; 30/12/2008 N 308-FZ; of 28.12.2013 N 396-FZ) State funding for national film participation in the International Film Festival is estimated to be up to 100 per cent of the estimated cost of participation. Article 11. Storing the original materials of national films and [ [ Film]] s Original materials of national films that have received full government funding, and the original materials of the film are transferred to permanent storage in The State Film Fund of the Russian Federation or the Russian State Film Archive. The preservation of the original materials of national films and the original materials of the films is determined by the federal executive authority in the field of cinematography. The procedures for keeping the original materials of national films, which have received partial public funding, are established by a treaty between the federal executive authority in the field of film and the producer of these films of national films. The State Film Fund of the Russian Federation and the Russian State Film Archive provide copyright and related rights in the storage of original materials of national films, original materials Film the film. The State Film Fund of the Russian Federation and the Russian State Film Archive provide free and free access to the original materials of the national film and the original materials of the film The producers. CHAPTER IV. NEGOTIATING, CUSTOMS, AND MILITARY AND FINALIZATION ACTIVITIES OF THE ORGANIZATIONS CHINEMATOGRAPHY Article 12.(Spaced by Federal Law from 22.08.2004. N 122-FZ) Article 13. Customs regulation of the activities of the organizations of cinematography Cinematography, film and film equipment brought into the customs territory of the Russian Federation and exported from that territory by organizations filmmaking is exempt from customs duties and taxes related to imports and exports. (Article 13 is suspended for 2001-Federal Law of 27.12.2000) N 150-FZ) Article 14.(Spconsumed by force-Federal Law of 22.08.2004) N 122-FZ) Article 15. Other financial and economic regulation of the cinematographic organizations of cinematography uses communal services, postal, telegraphic and telephone services by telephone, provided for by the budget organizations.(Part I of Article 15 is suspended for 2001 in terms of the use of postal services-Federal Law dated 27.12.2000 N 150-FZ) (Part Two was lost-Federal Law 26.06.2007) N 118-FZ) No taxing profit of organizations regardless of the organizational and legal form and form of ownership directed to the production of the film, the printing of the film, the rental of the film and the screening of the film. The taxable share of profits for these purposes is not limited. Film organizations are allowed to include in the cost of film production the sum of the costs of the film production insurance and obtaining financial guarantees for the completion of the film production in the amount of up to 9 per cent of the estimated cost of the film. organizations of cinematography who have received federal funds under this Federal Act are allowed to apply a contractual form of remuneration. Film organizations are provided with credits for production, replication and renting of the national film on preferential terms at a rate of up to 5% per annum for up to two years. (Part 7 lost power-Federal Law of 22.08.2004) N 122-FZ) (Part 8 lost power-Federal Law of 22.08.2004) N 122-FZ ) Chapter V. INSPECTION AND PRIVATIZATION CHINEMATOGRAPHY Article 16. Mandatory condition for the privatization of the organizations of cinematography Compulsory privatization of cinematography is the preservation of cinematographic activity as a main activity The privatization of the organization of cinematography. Article 17. Restrictions on the privatization of the organizations Cinematography are not subject to privatisation of the film organization, which specializes in the screening of films for children. The film screening organization, which is the only film organization in this locality, is not subject to privatization. Article 18.(Spconsumed by force-Federal Law of 22.08.2004) N 122-FZ) Article 19.(Spil-off Federal Law of 22.08.2004) N 122-FZ) Article 20.(Spconsumed by force-Federal Law of 22.08.2004) N 122-FZ ) CHAPTER VI. FINAL PROVISIONS Article 21. Entry into force and procedure of this Federal Law This Federal Law shall enter into force on the date of its official publication. Part Three, Fourth, Article 12, Article 13 and Part One, Third, Article 15 of this Federal Law are valid until December 31, 2001 and cease to be effective as of 1 January 2002.(Part Two) Article 21 is suspended for 2001 as part of the terms of article 13 and part one of article 15-Federal Law of 27.12.2000. N150-FZ) Invite the President of the Russian Federation and instruct the Government of the Russian Federation to bring its normative legal acts into conformity with this Federal Law. President of the Russian Federation Yeltsin Moscow, Kremlin 22 August 1996 N 126-FZ