About The Film

Original Language Title: О кинематографии

Read the untranslated law here: http://minjust.gov.tm/ru/mmerkezi/doc_view.php?doc_id=15126



* About cinematography
This Law determines the legal, organizational, economic and social bases of activity in the field of cinematography, it regulates public relations arising in the process of production, public display, distribution and storage of movies, determines the main directions of activity of the state to preserve and promote cinematography and state support for cinematography .

CHAPTER I. GENERAL PROVISIONS

Article 1. Basic concepts used
in this Act
For the purposes of this Law the following main concepts:
1) cinematography - cultural area, which includes creative, industrial, scientific, technical, educational, informational, educational processes, aimed at the production of, publicly display, distribution and storage of films;
2) cinema - the form of art, which was formed on the technological basis of cinematography;
3) film chronicle - documentary event-related themes that reflect the most important features of the past and the present time, place, circumstances and intended to run for the film's production or storage;
4) film project - a set of documents on the basis of which the production of the film;
5) film - an audiovisual work created in art, documentaries, popular science, education, animation, television, or other form-based creative design, consisting of recorded on film or other types of media and series-connected in a thematic unit images (frames) with or without sound accompaniment and intended for perception by using special technical devices. The film duration of not less than 52 minutes is a full-length movie in less than 52 minutes - a short film;

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* Translation from the state language of Turkmenistan.
6), the author of the film - the natural person whose creative effort has created a film as a whole, and its individual components. By the authors of the film are director-producer, scriptwriter, author of specially created for the film of a musical work with or without text;
7) material film - negative images recorded on film or other types of media, dupe, optical soundtrack, the control copy of the film, the original magnetic dubbing, combined soundtrack of music and noise, videofonogramma master, a CD and other physical media necessary for the replication of the film;

8) cinematic events - film festivals, video classes, film clubs, film days and other activities in the field of cinematography, directed at aesthetic, spiritual, moral and patriotic education of the citizens, the popularization of film art, as well as to address other issues in the field of cinematography;
9) organization of cinematography - a legal entity carrying out as main activity cinematographic activities;
10) cinematic activity - activity in the field of culture, associated with the production, public display, distribution and storage of films;
11) a public screening of the film - a demonstration (public performance) film, in cinemas or other specially equipped premises (places), as well as terrestrial, cable, satellite television or other technical means;
12) film manufacturer (producer) - a legal or natural person who has taken the initiative and the responsibility for the organization of production, financing and distribution of films;
13) The production of the film - making the film incarnations by a creative plan of its authors on the technological basis of cinematography;
14) distribution of the film - making film copies (replication), sale and transfer them to hire legal entities and individuals;
15) Cinematography workers - artists, production and administrative and technical personnel operating in the field of cinematography;
16) crew - temporary staff, consisting of workers of cinematography, the film formed by the manufacturer (producer) for the production of the film.

Article 2. Legislation of Turkmenistan
Cinematography
1. Legislation of Turkmenistan on Cinematography is based on the Constitution of Turkmenistan and consists of this Law and other normative legal acts of Turkmenistan regulating relations in the field of cinematography.
2. If an international treaty of Turkmenistan establishes rules other than those provided for in this Act, the rules of the international treaty.

Article 3. Basic principles of cinematography
The main principles of cinematography as the field of culture are:
1) approval of the works of cinematography humanism, universal, national, cultural and spiritual values;
2) promote the development of national consciousness, patriotic feelings, as well as aesthetic and environmental education of citizens;
3) guaranteeing freedom of creativity, the protection of copyright and related rights, moral and material interests of creators of cinematography;

4) the development of the film industry and the traditions of the national cinema;
5) preservation of the national and international film heritage;
6) ensuring equality of rights and opportunities for organizations of cinematography in the production of, publicly display and distribute films;
7) promotion of charitable activities in the field of cinematography;
8) to promote cooperation with foreign organizations Cinematography Cinematography organizations.

Article 4. Basic principles and priorities
public policy
Cinematography
1. State policy in the sphere of cinematography is based on the following principles:
1) the recognition of cinema culture area, which is a condition for the existence of state support for the development of her creative, industrial, technical, educational, scientific and information base;
2) recognition of the national film heritage of the Turkmen people culture;
3) the State's responsibility for the preservation and development of cinematography;
4) creation of conditions for the public access to the works of cinematography.
2. The main priorities of state policy in the field of cinematography are:

1) production of national films (feature films, documentaries and animation) and their popularization;
2) the production of films for children and youth;
3) to promote the best of world cinema samples of major socio-cultural significance.

Article 5. The rights of citizens and the freedom of creativity in
Cinematography
1. Citizens of Turkmenistan have the right to exercise the cinematographic activities as professional and non-professional (amateur) in accordance with this Law and other normative legal acts of Turkmenistan.
2. Citizens of Turkmenistan may establish in accordance with the legislation of Turkmenistan, public organizations in order to implement education, educational, charitable and other activities in the field of cinematography, not prohibited by the legislation of Turkmenistan. 3
. Freedom of creativity in the field of cinematography is provided by the freedom of choice of directions, techniques and methods of creative activity in the field of cinematography, forms and methods of implementation of creative ideas, as well as the definition of themes and genres of films produced, with the exception of restrictions established by the legislation of Turkmenistan.
4. In order to inadmissibility of abuse of freedom of creativity is not allowed to include in the movie scenes:

1) calling for a violent change of the constitutional order, violation of the sovereignty and territorial integrity of Turkmenistan;
2) advocating war, violence and cruelty;
3) aimed at inciting national, ethnic, racial, social or religious enmity;
4) promoting national or class discrimination and intolerance;
5) pornographic content.

Article 6. The National Film
1. The film is a national if:
1) the screenplay, his themes reflect the most important trends of the historical, socio-economic and cultural development of Turkmenistan, as well as the nature, traditions and national features of the Turkmen people;
2) The producer of the film is a Turkmen citizen or legal entity registered in the prescribed manner on the territory of Turkmenistan;
3) the majority of the authors of the film are citizens of Turkmenistan;
4) of the film's crew includes not more than 30 percent of those without Turkmen citizenship;
5) the film is in the official language of Turkmenistan, except in cases where the use of a foreign language is an integral part of artistic conception;
6) not less than 50 percent of the total amount of work for the production of the film, publicly display and distribute the film cinematography by organizations registered in the prescribed manner on the territory of Turkmenistan;
7) foreign investment in film production does not exceed 50 per cent of the estimated cost of the film.
2. As the film is regarded as a national film production is carried out in accordance with international agreements of Turkmenistan jointly with foreign producers of the film (the producers). 3
. The decision on the production of national films made by the authorized state body in the field of cinematography according c Regulation on the national film approved by the Cabinet of Ministers of Turkmenistan.

CHAPTER II. Cinematography
Activities

Article 7. Objectives and major cinema

1 activity. The objectives of the cinematographic activities are the development of the national film industry, the formation and satisfy the spiritual needs of the people in the film industry.
2. The main types of cinematic activities include:
1) the production of the film;
2) production kinoletopisi;
3) the distribution of the film;
4) a public screening of the film;
5) restoration of the film;
6) maintenance of the cinema;
7) the production of film material;
8) production of film equipment;

9) performance of works and provision of services for the production of the film, kinoletopisi, including film equipment rental, rental of halls and cinema complexes, sewing costumes, building sets and manufacturing, production of make-up, postiger products, props, game art and special effects processing films, sound design of the film and other types of works and services;
10) educational, scientific, research, publishing, advertising and promotional activities in the field of cinematography;
11) deposited film;
12) storage of raw materials kinoletopisi.

Article 8. Subjects of relations in the field
Cinematography
Subjects of relations in the field of cinematography are divided into groups of:
1) the production of films - the authors and the performers, producers, and movie studios, video studios and other organizations of cinematography;
2) the distribution of the film - the producers, the distributors of films, as well as motion-picture companies, foundations, movies, film archives, documentary photographs and other organizations of cinematography;
3) public display of films - cinema, film projectors, Video Unit, broadcast television channels (air, cable, satellite);
4) preparation of professional personnel - educational institutions, regardless of their form of ownership, carrying out training of personnel in the field of cinematography;
5) the development and manufacturing of process equipment - research, design offices, service centers, manufacturing companies and other legal entities, irrespective of their form of ownership.

Article 9. The production of the film
1. Production of the film is carried out in accordance with technical standards, rules and regulations of film production, the observance of which is mandatory for all organizations of cinematography.
Technical standards, norms and film production rules approved by the authorized state body in the field of cinematography.
2. Production of the film is carried out a film crew.

Article 10. Initial data (titles) film
1. At the beginning or end of a movie on the starting materials of the film are placed source data (titles), in which a random sequence indicates the film's title, composition of the crew, a copyright notice, the year of its creation. In agreement with the owner having exclusive rights to the film in the original data (titles) of the film for more information about the participants of the crew may be made.

2. Baseline data (titles) film are subject to mandatory playback on all release prints. The beginning of the film is considered the first frame of a series of visual or audible regardless of whether it is titles, images or soundtrack. The end of the film is considered to be the last frame of visual or audio series, including titles and a copyright notice.

Article 11. Public display and distribute films
1. In Turkmenistan, publicly display and distribute films only made in the presence of a rolling state certificate for public display and distribution of films, issued by the authorized state body in the field of cinematography.
2. As part of the cinematic events, as well as in other cases stipulated by the legislation of Turkmenistan, public display and distribution of films can be carried out without the presence of public rental certificate for public display and distribution of films, but with the permission of the authorized state body in the field of cinematography. 3
. Regulations on State rolling Certificate for public display and distribution of films, establishing the conditions for issuing, refusal and revocation of this certificate, approved by the Cabinet of Ministers of Turkmenistan.
4. On the territory of Turkmenistan, publicly display and distribute films made in accordance with the laws of their respective owners, including those who are eligible for public display and distribution of films provided by the contract.
5. Information about the films, which are issued by public rental certificate for public display and distribution of films, films made in the State Register.
6. In order to ensure the protection of exclusive rights for audiovisual works, the formation of accurate and timely information about the internal state of the market distribution of films authorized state body in the field of cinematography creates a unified state automated information system, within which the collection of information about a public screening of the film in the territory of Turkmenistan, functioning which is set by the authorized state body in the field of cinematography.

Article 12. The economic rights of the author of the film, right
ownership of the material of the film
and film copies
1. The property rights of the author of the film, the ownership of the raw materials of the film and the film copies are owned by the state, businesses and individuals.

2. In the case of film production, the manufacture of the raw materials of the film and film copies at the expense of the State Budget of Turkmenistan, the State is the subject of the author's economic rights to the film, the ownership of the raw materials of the film and prints are in accordance with the terms of the prisoner agreement with the author of the film.

Article 13. Storage of raw materials film
The starting materials of the film that is produced in whole or in part at the expense of the State Budget of Turkmenistan, as well as the raw materials of films produced in Turkmenistan at the expense of legal entities or natural persons, are kept in the State Fund film, which is created by the authorized state body in charge of film and Photo archives of Turkmenistan.
The position of the State Film Fund approved by the Cabinet of Ministers of Turkmenistan.

Article 14. Regulation of relations arising
during manufacture and use
film as an object of copyright
Relations arising in the production process and the use of film as an object of copyright are regulated by this Law, the Law of Turkmenistan "On Copyright and Related Rights" and other normative legal acts of Turkmenistan.

Article 15. Licensing of certain types
cinematographic activity
licensing of separate kinds of cinematic activity is carried out in accordance with the law on licensing.

Article 16. Compliance with safety regulations, protection
the health of citizens in the implementation
cinematographic activity
1. The state establishes requirements for the state of cinema buildings (structures, buildings) and equipment used in them in terms of compliance with building regulations, sanitary regulations, the health and safety standards as the cinematography workers and spectators during a public showing of films.
2. The owners of cinema buildings (buildings, premises) intended for public showing of films, or their authorized bodies are obliged to ensure the proper condition of the buildings (structures, buildings) and used in their equipment in order to ensure safety of life and health of citizens, the safety of property and the environment .
3
. Operation of cinema buildings (structures, buildings) and equipment used in them do not meet the requirements, ensuring the health and safety of workers cinematography, as well as the audience during a public showing of films is not allowed.

CHAPTER III. ORGANIZATION cinema. Creative Worker Cinematography

Article 17. Creation of cinematography organizations
1. On the territory of Turkmenistan are established and operate the organization of cinematography, which differ by type of cinematic activity, form of ownership, focus on different segments of the population and other characteristics.
2. The decision to create the organization of cinematography taking its founders.
The founders of the organization of cinematography can be state bodies, entities or persons. 3
. The basis for the creation of the organization of cinematography are the socio-economic, cultural and artistic needs of man, society and the state, as well as the availability of appropriate human and logistical capabilities of the founders.
4. Cinematography Organization may be established and operate in any organizational-legal forms and forms of ownership, in accordance with the law.
5. Cinematography Organization are legal entities, except those that are established and operate as part of other legal entities.
6. State registration of organizations of cinematography is carried out in accordance with the law.
7. Organization Cinematography carry out their activities in accordance with the law, with its constituent documents and with its charter (regulations).

Article 18. Right on the organization of cinematography
their own symbols
1. Cinematography Organization is entitled to have their own symbols (official name, logo, trademark, other image).
2. Organization of cinematography, the symbolism of which is registered in the manner prescribed by law, it has the exclusive right to its use. 3
. The use of a registered organization symbolism Cinematography other legal entities and individuals shall be allowed only on the basis of a contract with the organization of cinematography.
4. Legal entities and individuals who illegally use the symbolism of the organization of cinematography, at the request of the organization of cinematography must stop its use and to compensate the damage caused.

Article 19. Reorganization and Liquidation
Cinematography organization

1. The reorganization of the organization of cinematography (merger, acquisition, division, separation, transformation) is carried out in accordance with the law.
2. The elimination of the organization of cinematography is carried out in accordance with the law. 3
. In the case of liquidation of the organization of cinematography remaining after satisfaction of creditors' claims, including the real estate is transferred to the authorized state body in the field of cinematography and can be used to them in the future solely for the purpose of the cinema activity.

Article 20. Art workers Cinematography
1. Some of the artists include persons cinematography creative professions:
1) an employment relationship with the organization of cinematography: production director, director of photography, art director, animator, the costume designer, artist, makeup artist, sound engineer, film editor , a film editor, music editor of the film, the director of the film;
2) does not consist in an employment relationship with the organization of cinematography: writer, composer, actor, actress, co-star performers.
2. Creative professionals can carry out cinematic cinematography activities both in professional and non-professional (amateur). 3
. Activity creators of cinematography is carried out on the basis of employment contracts and (or) contracts civil law, the conclusion that with the organizations of cinematography is carried out in accordance with the law.

Article 21. Rights and obligations of artists
Cinematography
1. Creative workers are entitled to the cinema:
1) Implementation of the work according to their specialty and expertise in cinematography organizations, regardless of their form of ownership;
2) implementation and making available to the wide audience of creative activity ways and means of the results taken in the field of cinematography;
3) the implementation of creative ideas by appropriate means;
4) the implementation of new and original projects in the field of cinematography;
5) the use of the achievements of national and world cinema;
6) providing vocational training and raising their professional level;
7) passing the certification in order to obtain qualification category;
8) social protection in accordance with the law;

9) establish professional art groups, if necessary, required by the joint efforts of creative professionals for creative solutions of problems in the field of cinema under the guidance of director-producer.
2. Creative workers cinematography have the following responsibilities:
1) compliance with the requirements of the legislation of Turkmenistan on cinematography;
2) preservation and development of national cinematography, preservation of motion picture arts heritage;
3) passing the certification to assess the level of development of creative abilities and professional qualities, the possibility of further use in accordance with the perspective and current plans of the organization of cinematography.

Article 22. Training, retraining
and further training of creative
Cinematography workers
1. Training, retraining and advanced training of artists Cinematography implemented in educational institutions conducting training in the field of cinematography, in accordance with the law.
2. Organization cinematography create the necessary conditions for training, further training of creative cinematography workers. 3
. Educational institutions engaged in training in the field of cinematography, including training courses Turkmen cinematography workers provide queries cinematography organizations to improve the skills of their employees. Raising creative skills of workers cinematography Cinematography NGOs carried out on a paid basis.


CHAPTER IV. Government support and funding Cinematography

Article 23. State support for cinematography
1. State support for cinematography is carried out in the interests of the individual, society and state.
2. In order to ensure the availability of cinematography for the citizens and their aesthetic, spiritual, moral education, education and education of state support of cinematography is carried out by:
1) decision in the field of cinematography laws and other normative legal acts of Turkmenistan;
2) provide financial support for the implementation of state programs for the conservation, development and support of cinematography;
3) promoting cinematography organizations to establish the necessary conditions for the production, public display and distribution of films;
4) training, advanced training and retraining of workers of cinematography;

5) support to workers of cinematography, including creative youth, in the form of awards, scholarships destination, grants and other forms of social support for creative work in accordance with the law;
6) providing benefits to non-profit organizations of cinematography, legal and physical persons engaged in charitable and sponsorship activities in the field of cinematography, in accordance with the law;
7) the establishment of other forms of state support for cinematography. 3
. The main measures of state support for cinematography are aimed at:
1) the establishment of national films;
2) the creation of films for children and young people and national-film debut;
3) preservation and development of the material and technical basis of cinematography;
4) creation of conditions for the production, public display and distribution of national films;
5) implementation in the field of cinematography education and science and technology programs;
6) holding of film festivals and other film events;
7) participation in international film festivals and other international film events.

Article 24. Financing Cinematography
1. Film Financing is carried out due to:
1) of the State Budget of Turkmenistan;
2) of loans provided by banks and other financial and credit institutions;
3) income received as a result of business activity organizations of cinematography;
4) sponsorship funds and other charitable assistance received from legal entities and individuals;
5) funds from other sources not prohibited by the legislation of Turkmenistan.
2. Movie Producer (producer) has the right to determine the sources of financing, to choose technological base and technical equipment in the production of the film, except in cases of full or partial financing of film production at the expense of the State budget. 3
. Activities cinematography organizations funded in accordance with the regulations of public funding cinematography organizations. Funds received from other sources, do not reduce the standards and the absolute size of financial institutions of cinematography at the expense of the State budget.
Standards of public funding organizations Cinematography established by the Cabinet of Ministers of Turkmenistan.

4. State organizations of cinematography from the State budget can be allocated subsidies to cover losses associated with the provision of services to ensure access to works of cinematography for all segments of the population, in accordance with the legislation of Turkmenistan.
5. Financial, including tax, customs and currency, regulation of activities in the field of cinematography is carried out in accordance with the law.

CHAPTER V. STATE REGULATION IN THE FIELD OF CINEMATOGRAPHY


Article 25. Bodies conducting state
regulation in the field of cinematography
State regulation in the field of cinematography is carried out by the Cabinet of Ministers of Turkmenistan, the authorized state body in the field of cinematography, local executive bodies.



Article 26. Powers of the Cabinet of Ministers
Turkmenistan in the field of cinematography
Cabinet of Ministers of Turkmenistan:
1) defines the state policy in the field of cinematography;
2) approves state program on the conservation, development and support of cinematography;
3) approve normative legal acts in the field of cinematography;
4) provides for the allocation of funding for cinema in the formation of the State Budget of Turkmenistan for the next year;
5) establishes the procedure for issuing permits for the operation of cinemas and other specially equipped premises (places), intended for public showing of films, and housed in their film or video projection equipment;
6) carries out development of international cooperation in the field of cinematography;
7) exercise other powers in the field of cinematography, in accordance with this Law and other normative legal acts of Turkmenistan.

Article 27. Powers of authorized
public authority in
Cinematography
The authorized state body in the field of cinematography:
1) implements the state policy in the field of cinematography;
2) develops and implements the state program on the conservation, development and support of cinematography;
3) develop the normative legal acts in the field of cinematography;
4) exercise control over the production of national films;
5) supervises the safety of the raw materials of films, production of which is wholly or partially financed at the expense of the State budget;

6) coordinates the preparation and implementation of film projects fully or partially funded from the State Budget of Turkmenistan;
7) conducts the State register of films;
8) gives public rental certificate for public display and distribution of films;
9) creates, in accordance with the legislation of Turkmenistan, public organizations of cinematography and provide guidance to them;
10) creates public councils on cinematography and coordinate their activities;
11) provides for the development of material-technical base of the state organizations of cinematography;
12) implement measures of material and moral stimulation of cinematography workers;
13) provides methodological assistance to organizations of cinematography;
14) organizes the training, further training and retraining of workers of cinematography;
15) takes measures to prevent pornography, violence and cruelty in the field of cinematography;
16) provides in the field of cinematography development of international cooperation;
17) organizes and carries out the cinematic event of the state and international level;
18) exercise other powers in the field of cinematography, in accordance with this Law and other normative legal acts of Turkmenistan.

Article 28. Powers of local
executive in
Cinematography
local executive authorities within their territory:
1) develop and ensure the implementation of regional programs for the conservation, development and support of cinematography;
2) involved in the realization of the state program on the conservation, development and support of cinematography;
3) contribute to ensuring the material and technical conditions and conducting organizational measures for the preservation and development of cinematography;
4) organize the local cinematic events, and are also involved in the conduct of cinematic events national and international levels;
5) exercise other powers in the field of cinematography, in accordance with this Law and other normative legal acts of Turkmenistan.

Article 29. Public Council for
Cinematography
1. When the authorized state body in the field of cinematography can be created Public Council for cinematography, including the advisory council, consisting of art and culture figures, scientists, professionals and other interested parties.

Public Council for studying cinematography film projects proposed for film production at the expense of the State Budget of Turkmenistan, considering other issues of Cinematography and prepared recommendation to enter into them.
2. Regulations on Public Council for Cinematography approved by the authorized state body in the field of cinematography.

CHAPTER VI. INTERNATIONAL ACTIVITIES

in cinematography
Article 30. International cooperation in the field of
Cinematography
1. International cooperation in the field of cinematography is carried out in accordance with the legislation and international treaties of Turkmenistan.
2. in the field of cinematography International cooperation provides for exchange of best samples of national and world cinema, as well as the exchange of technological developments in the field of cinematography, the joint film production, including national, publicly display and distribute national films outside Turkmenistan, conducting cinematographic activities and the implementation of other forms of international cooperation in the field of cinematography.

Article 31. Activities of foreign legal entities and
individuals in the field of cinematography
in Turkmenistan
1. Foreign legal and natural persons may participate in the development of cinematography of Turkmenistan, including by investing in it means, in accordance with the law.
2. The State guarantees to foreign legal entities and individuals involved in the development of cinematography of Turkmenistan and invest in it means the creation of favorable conditions for their activities in accordance with the law.

Chapter VII. FINAL PROVISIONS

Article 32. Responsibility for violation

this Law Violation of this law entails responsibility established by the legislation of Turkmenistan.

Article 33. Entry into force of this Act
1. This Law shall enter into force on the day of its official publication.
2. Normative legal acts of Turkmenistan adopted before the entry into force of this Act shall apply insofar as they do not contradict this Law. 3
. The Law of the Turkmen Soviet Socialist Republic from May 24, 1990 "On regulation of work video halls, video clubs, videobar and video libraries" (Bulletin of the Supreme Soviet of the Turkmen SSR, 1990, number 10, p. 114).

President Gurbanguly


Berdimuhamedov of Turkmenistan
Mountains. Ashgabat
18 June 2016
number 412-V.