About Cinematography

Original Language Title: О кинематографии

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About cinematography * this law determines the legal, institutional, economic and social framework for activities in the field of cinematography, regulates public relations arising during the production process, public display, distribution and storage of movies, determines the main directions of activity of the State for the preservation and promotion of cinematography and State support of cinematography.
 
Chapter i. General provisions article 1. The basic concepts used in this law for the purposes of this Act, applies the following concepts: 1) film-area culture, including creative, production, scientific, technical, educational, informational, educational processes aimed at production, public display, distribution and storage;
2) film-the kind of artistic creation, on the technological basis of cinematography;
3) kinolitopys-documentary event stories, reflecting the major features of the past and the present time, place, circumstances and intended to run for the production of the film or storage;
4) project-a set of documents, based on which the production of the film;
5) movie-audiovisual work created in art, current affairs documentary, non-fiction, educational, animation, television or any other form of communication through creative design, consisting of fixed on a Filmstrip or other types of media and consistently connected in case an integer images (frames) with or without accompanying sound, and designed to read with the help of special technical devices. The film is of a duration of not less than 52 minutes was the full-length film, less than the 52-minutes short film;
 
_ * translated from the official language of Turkmenistan.
6) author of the film-the natural person whose creative work resulted in both film as a whole and its individual components. The authors of the film are Director, screenplay author, specially crafted for the film of the musical composition with or without words;
7) source material of the film-negative of the image recorded on a Filmstrip or other types of media, kontratip, optical recording, backup copy of the movie, the original magnetic overwriting my soundtrack music and noise, videofonogramma-master, CD, or other physical media required for replication of the film;
8) cinematic events-festivals, film, film clubs, movie days and other activities in the field of cinema, to aesthetic, spiritual, moral and patriotic education of citizens, promotion of film, as well as on other matters in the field of cinematography;
9) cinematography organization-a legal person engaged as a principal activity of the film;
10) cinematic activity-activity in the field of culture, associated with the production, public demonstration, dissemination and storage of films;  
11) public film screening-demonstration (public performance) film, carried out in cinemas or other specially equipped premises (locations), as well as the broadcasting, cable, satellite or other technological means;
12) film producer (producer)-legal or physical person that has taken the initiative and responsibility for organizing production, financing and distribution of the film;
13) film production-creating a movie by translating the creative intent of its authors on the technological basis of cinematography;
14) distribution of film-film production (reproduction), the sale and transfer them to rent legal and natural persons;
15 workers) cinematography-creative, production and technical and administrative staff working in the field of cinematography;
16) crew-a temporary team of cinematography, film producer-generated (the producer) to produce the film.
 
Article 2. Turkmen legislation on Cinematography 1. Turkmen legislation on Cinematography is based on the Constitution of Turkmenistan, and consists of this law and other normative legal acts of Turkmenistan governing relations in the field of cinematography.
2. If an international treaty to which Turkmenistan stipulates other rules than those stipulated by this law, the rules of the international treaty shall apply.
 
Article 3. Basic principles of cinematography of the basic principles of cinematography as the field of culture are as follows: 1) approval in the writings of cinematography of humanism, human, cultural and spiritual values;
2) to promote the development of national consciousness, patriotic feelings, as well as aesthetic and environmental education of citizens;
3) guaranteeing freedom of creativity, protection of copyright and neighbouring rights, the moral and material interests of creators of cinematography;
4) film and development of traditions of national cinematography;
5) preservation of national and global cinematic heritage;

6) ensuring equal rights and opportunities for cinematography in the production, public showing and distribution of films;
7) promoting charitable activities in the field of cinematography;
8) to promote cooperation with foreign organizations cinematography cinematography.
 
Article 4. The essential principles and priorities of the State policy in the field of cinema 1. State policy in the field of cinema is based on the following basic principles: 1) recognition of the cultural area of cinematography condition of existence which is the State support for the development of its creative, production, technical, educational, research and information base;
2) recognition of the national film heritage of the culture of the Turkmen people;
3) responsibility of the State for the preservation and development of the film industry;
4) establishment of population conditions for access to the works of cinematography.
2. The main priorities of the State policy in the field of cinematography are: 1) the production of national films (art, current affairs documentaries and animated) and their popularization;
2) production of films for children and young people;
3) popularization of best samples of world cinema, with important socio-cultural value.
 
Article 5. The rights of citizens and freedom of creation in the field of cinema 1. Turkmen citizens have the right to exercise a professional activity in both cinematic and non-professional (amateur) basis in accordance with this law and other normative legal acts of Turkmenistan.
2. The citizens of Turkmenistan may establish in accordance with the legislation of Turkmenistan, associations for the implementation of educational, educational, charitable and other activities in the field of cinema, not in breach of the legislation of Turkmenistan.
3. freedom of creativity in the field of cinematography is provided by freedom of choice destinations, receptions and methods of creative activity in the field of cinematography, forms and ways of translating creative ideas, as well as definitions of subjects and genres produced films, with the exception of restrictions established by the legislation of Turkmenistan.
4. to the inadmissibility of abuses of freedom of creativity may not be included in the movie scenes: 1) calling for the violent overthrow of the existing constitutional order, violation of the sovereignty and territorial integrity of Turkmenistan;
2) advocating war, violence and cruelty;
3) aimed at the incitement of national, ethnic, racial, social or religious enmity;
4) advocating national or soslovnuju exclusivity, intolerance;
5) pornographic content.
 
Article 6. National film 1. The film is a national if: 1) movie script, its themes reflect the main areas of historical, socio-economic and humanitarian development of Turkmenistan, as well as the nature, traditions and national characteristics of the Turkmen people;
2) film producer is a national of Turkmenistan or a legal person registered in accordance with established procedure on the territory of Turkmenistan;
3) most of the authors of the film are Turkmen citizens;
4) the film crew of the movie includes no more than 30 percent of persons without citizenship of Turkmenistan;
5) movie is filmed in the national language of Turkmenistan, unless the use of a foreign language is an integral part of the artistic intent;
6) not less than 50 per cent of the total volume of production of the film, public display and distribution of the film is carried out by organizations of cinematography, registered in the established order on the territory of Turkmenistan;
7) foreign investment in film production do not exceed 50 per cent of the estimated cost of the movie.
2. As national film also discusses the film, whose production is carried out in accordance with the international treaties of Turkmenistan, together with foreign producers movie (producers).
3. a decision on national film production was adopted by the authorized State body in the field of cinematography in accordance with the regulations on national film, approved by the Cabinet of Ministers of Turkmenistan.
 
CHAPTER II. CINEMATIC WORK Article 7. Objectives and the main types of cinematographic activities 1. The objectives of the cinematographic activity is the development of a national film industry, building and addressing the spiritual needs of the people in the cinema.
2. the main types of cinematographic activities include: 1) film production;
2) manufacture of film archiving;
3) distribution of film;
4) public screening of the film;
5) restoration of the film;
6) maintenance of cinema;
7) production of films;
8) production equipment;
9) implementation of works and provision of services for the production of the film, film archiving, including equipment rental, rental pavilions and cinemas, sewing, construction and manufacturing, manufacture of postizhernyh products, makeup, props, gaming technology and special effects, film processing, film sound design and other types of works and services;

10) education, science, research, publishing, advertising and promotional activities in the field of cinematography;
11) keeping your movie;
12) storage of raw material of film archiving.
 
Article 8. Subjects of relations in the field of cinema Actors of relations in the field of cinematography are divided into groups by: 1) film production-role creators and performers, producers, as well as film studios, video studios, and other organization of cinematography;
2) dissemination of films-producers, distributors of films, as well as enterprise funds kinokopiroval'nye films, film archives, photographic and other organizations cinematography;
3) public showing of films-cinemas, film installations, video, channels television broadcasting (terrestrial, cable, satellite);
4) preparation of professional education institutions irrespective of their form of ownership, carrying out training in the field of cinematography;
5) design and manufacture of process equipment-research, institutes, service centers, industrial enterprises and other legal entities irrespective of their form of ownership.
 
Article 9. Film production 1. Film production is carried out according to the technical standards, norms and rules of film production, the observance of which is mandatory for all organizations.
Technical standards, rules and regulations of film production approved by the authorized State body in the field of cinematography.
2. Film production is carried out by the film crew.
 
Article 10. The source data (titles) film 1. At the beginning or at the end of the film to the original materials of the film are placed source data (titles) in which an arbitrary sequence Specifies the name of the movie, the film copyright, the year of its creation. By agreement with the holder having the exclusive right to film in the original data (titles) film can be made for more information about the film.
2. initial data (credits) mandatory movie playback at all fil'mokopijah. The beginning of the film is considered the first frame fine or sound, regardless of whether it's titles, image or recording. The end of the film is considered to be the last frame of Visual or audio series, including titles and copyright.
 
Article 11. To display publicly and distribute movies 1. In Turkmenistan, publicly display and distribute films are carried out only in the presence of State rolling certificate for public display and distribution of films, issued by the authorized State body in the field of cinematography.
2. within the framework of cinematic events, as well as in other cases stipulated by the legislation of Turkmenistan, publicly display and distribute films can be carried out without State rolled 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 the issuance, refusal of issuance and revocation of specified ID, approved by the Cabinet of Ministers of Turkmenistan.
4. On the territory of Turkmenistan to display publicly and distribute films are carried out in accordance with this law their right holders, including those to whom the right to publicly display and distribute films granted under the Treaty.
5. Data about movies, which issued public rental certificate for public display and distribution of films, made in the State Register of films.
6. in order to ensure the protection of exclusive rights in audiovisual works, the formation of reliable and timely information on the State of the internal market for the distribution of films by the authorized State body in the field of cinematography creates a unified State automated information system, which collects information on public screenings of films in the territory of Turkmenistan, the functioning of which is established by the authority in the field of cinematography.
 
Article 12. Property rights of the author of the film, the ownership of the source material of the film and the film print 1. Property rights of the author of the film, the ownership of the source material of the film and the film print may belong to the State, businesses and individuals.
2. In the case of the production of the film, manufacturing raw materials of the film and the film at the expense of the State budget of Turkmenistan State is the subject of the proprietary rights of the author of the film, the ownership of the source material of the film and the film print in accordance with the terms of the agreement signed with the author a movie contract.
 
Article 13. Storing the source material of the film

The original film materials produced wholly or partially at the expense of the State budget of Turkmenistan, as well as the raw materials of movies produced in Turkmenistan at the expense of legal entities or individuals, are stored in the State Fund films, which is created by the authorized State body in charge of film archives.
The provision about the State Fund of films approved by the Cabinet of Ministers of Turkmenistan.
 
Article 14. Regulation of relations arising during the production process and the use of film as an object of copyright relations arising during the production process and the use of film as an object of copyright shall be governed by the present law, Turkmenistan law "on copyright and related rights and other normative legal acts of Turkmenistan.
 
Article 15. Licensing of separate types of cinematographic activity Licensing of separate types of cinematographic activity is carried out in accordance with the legislation of Turkmenistan on licensing.
 
Article 16. Compliance with safety regulations, the health of citizens in the implementation of the activities of the cinematographic 1. The State sets a cinematographic State requirements of buildings (structures, premises) and the equipment used in them to enforce building codes and regulations, sanitary norms and regulations in the field of health and safety as the cinematography and the audience during a public showing of films.
2. Owners of motion picture of buildings (structures, premises) intended for public exhibition of films, or their authorized bodies must ensure the proper state of these buildings (structures, premises) and the equipment used in them in order to ensure the safety of citizens ' life and health, property and environment Wednesday.
3. exploitation of cinematographic buildings (structures, premises) and the equipment used in them, did not meet required standards, guaranteeing the health and safety of workers as well as film spectators during public display of films, is not allowed.
 
CHAPTER III. ORGANIZATION OF CINEMATOGRAPHY. CREATIVE CINEMATOGRAPHY Article 17. Creation of cinematography 1. On the territory of Turkmenistan may be created and act organization cinematography, distinguished by the types of cinematographic activity, forms of ownership, focus on different segments of the population and other factors.
2. the decision to establish the organization take her cinematography founders.
The founders of cinematography can be public bodies, legal entities or natural persons.
3. The basis for the establishment of the Organization of the cinematography are socio-economic, cultural and artistic needs of man, society and the State, as well as adequate staffing and logistical capabilities of the founders.
4. Organization of cinematography can be created and operate in any organizational and legal forms and forms of ownership in accordance with the legislation of Turkmenistan.
5. Organization of cinematography are legal persons, except those which are established and operate in other legal persons.
6. State registration of cinematography shall be carried out in accordance with the legislation of Turkmenistan.
7. Organization of cinematography shall perform their activities in accordance with the legislation of Turkmenistan, with their founding documents and statutes (regulations).
 
Article 18. Cinematography right on their own symbols 1. Cinematography organization has the right to have their own symbols (official name, logo, trademark or any other image).
2. Organization of the cinematography, the symbolism of which is registered in the order established by the legislation of Turkmenistan, has the exclusive right to its use.
3. use of registered symbols organization cinematography by other legal and natural persons is permitted only on the basis of a contract with the organization.
4. Legal and natural persons, illegally using the symbolism of the Organization on-demand film cinematography organization to stop using it and compensate the caused damage.
 
Article 19. Reorganization and liquidation of the cinematography organization 1. Cinematography organization restructuring (merger, accession, Division, separation, transformation) is carried out in accordance with the legislation of Turkmenistan.
2. Elimination of the cinematography organization is carried out in accordance with the legislation of Turkmenistan.
3. In case of liquidation of organization cinematography remaining after satisfaction of the claims of creditors property, including real property, is transferred to the authorized State body in the field of cinema and can be used in the future to them solely for the purpose of implementation of the cinematographic work.
 
Article 20. Creative cinematography 1. Among the creative cinematography are creative professions:

1) consisting in labor relations with the Organization of Cinematography: Director, cinematographer, Art Director, animator, painter, costume designer, make-up artist, engineer, Editor, movie Editor, music editor of the movie, the movie director;
2) not in labor relations with the Organization of Cinematography: screenwriter, composer, actor, actress, artist co-star.
2. Creative cinematography may exercise the cinematic activities at both the professional and non-professional (amateur) basis.
3. The activity of creative cinematography is carried out on the basis of employment contracts and/or agreements civil legislation, the conclusion that with organizations of cinematography shall be carried out in accordance with the legislation of Turkmenistan.
 
Article 21. The rights and obligations of creative cinematography 1. Creative cinematography workers have the right to: 1) work in accordance with its speciality and qualification of cinematography in organizations irrespective of their form of ownership;
2) implementation and bringing to a wider audience the results of creative activity of the ways and means adopted in the field of cinematography;
3) translating creative ideas by appropriate means;
4) implementation of new and innovative projects in the field of cinematography;
5) use of national and world achievements in cinematography;
6) receive professional education and improve their professional level;
7) passing certification in order to obtain the qualification category;
8) social protection in accordance with the legislation of Turkmenistan;
9) the establishment of professional creative associations, if joint efforts needed for creative professionals to solve creative problems in the field of cinema directed by artistic director.
2. Creative cinematography has the following duties: 1) compliance with the legislation of Turkmenistan on Cinematography;
2) preservation and development of national cinematography, film heritage preservation;
3) passing the appraisal to assess the level of development of creative abilities, competencies, possibilities of their further use in accordance with prospective and current plans the work of the organization.
 
Article 22. Training, retraining and improvement of professional skill of creative cinematography 1. Training, retraining and improvement of professional skill of creative cinematography implemented in educational institutions, leading training in the field of cinematography, in accordance with the legislation of Turkmenistan.
2. Organization of cinematography creates the necessary conditions for retraining, improvement of professional skill of creative cinematography.
3. Educational institutions, training in the field of cinematography, including a refresher course of Turkmenistan cinematography, cinematography execute queries to improve the skills of their employees. Improvement of professional skill of creative cinematography NGOs cinematography is carried out on a fee basis.
 
 
CHAPTER IV. GOVERNMENT SUPPORT and FINANCING of CINEMATOGRAPHY Article 23. State support of cinematography 1. State support of cinematography shall be exercised in the interests of the individual, society and the State.
2. In order to ensure availability of cinema for citizens and their aesthetic, spiritual, moral education, education and education of the State support of cinematography is done by: 1) the adoption of laws and other normative legal acts of Turkmenistan in the field of cinematography;
2) provide financial support for the implementation of State programmes for the conservation, development and support of cinematography;
3) assisting the organizations of cinematography in creating the necessary conditions for the production, distribution and public exhibition of films;
4) training, improvement of professional skill and retraining of cinematography;
5) support workers to cinematography, including creative youth, in the form of awards, scholarships, grants and other forms of social support for creative work in accordance with the legislation of Turkmenistan;
6) providing benefits for non-profit organizations, businesses and individuals engaged in charitable and sponsorship activities in the field of cinematography, in accordance with the legislation of Turkmenistan;
7) establish other forms of State support for cinematography.
3. the main measures of the State support of cinematography are: 1) the creation of national films;
2) making films for children and youth and the National Film Debuts;
3) preservation and development of material and technical base of cinematography;
4) creation of conditions for production, public display, and distribution of national films;
5) implementation of educational and research programs in the field of cinematography;
6) holding film festivals and other cinematic activities;

7) participation in international film festivals and other international motion picture events.
 
Article 24. Financing of cinematography 1. Financing expense Cinematography: 1) the State budget of Turkmenistan;
2) loans granted by banks and other financial and credit institutions;
3) gains derived from entrepreneurial activities of cinematography;
4) means of sponsorship and other charitable donations from legal entities and individuals;
5) funds other sources not prohibited by Turkmen law.
2. the producer of the film (producer) is free to determine the sources of financing, to choose the technology base and technological tools in the production of the film, except in the case of total or partial financing of film production at the expense of the State budget of Turkmenistan.  
3. activities of cinematography shall be financed in accordance with regulations of the State financing of cinematography. Funds received from other sources, reduce regulations and the absolute size of financing of cinematography at the expense of the State budget of Turkmenistan.
State financing of cinematography standards are established by the Cabinet of Ministers of Turkmenistan.
4. the public organizations of cinematography from the State budget of Turkmenistan can subsidies to cover losses related to the provision of services to ensure access to the works of cinematography for all layers of the population, in the manner prescribed by the legislation of Turkmenistan.
5. financial, including tax, customs and currency, regulation of activities in the field of cinematography shall be carried out in accordance with the legislation of Turkmenistan.
 
Chapter v. STATE REGULATION in the field of cinematography Article 25. Authorities exercising State regulation in the field of cinematography State regulation in the field of cinematography is done by the Cabinet of Ministers of Turkmenistan, an authorized State body in the field of cinematography, local bodies of executive power.
 
 
 
Article 26. The powers of the Cabinet of Ministers of Turkmenistan in the field of cinematography, the Cabinet of Ministers of Turkmenistan: 1) defines the State policy in the field of cinematography;
2) approve state programs on conservation, development and support of cinematography;
3) adopts the normative legal acts in the field of cinematography;
4) provides for the allocation of funds for the financing of cinematography in the formation of the State budget of Turkmenistan for another year;
5) establishes the procedure for issuing permits for the operation of cinemas and other specially equipped premises (locations), intended for public exhibition of films, and placed in these films or videoproekcionnogo equipment;
6) carries out the 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 the authorized State body in the field of cinematography of the authorized State body in the field of Cinematography: 1) implements the State policy in the field of cinematography;
2) develops and implements national policies on conservation, development and support of cinematography;
3) develops normative legal acts in the field of cinematography;  
4) oversees national film production;
5) oversees the safety of raw materials, production of films which are fully or partially funded by the State budget of Turkmenistan;
6) coordinates the preparation and implementation of projects entirely or partially financed by the State budget of Turkmenistan;
7) is conducting the State Register of films;
8) gives public rental certificate for public display and distribution of films;
9) in accordance with the legislation of Turkmenistan, State organizations and provide guidance to them;
10) creates a community councils for cinematography and coordinates their activity;
11) provides for the development of material and technical base of the State cinematography;
12) carries out measures of material and moral incentives for workers to cinematography;
13) provides rendering methodical assistance to organizations of cinematography;
14) training, improvement of professional skill and retraining of cinematography;
15) takes measures to prevent pornography, violence and cruelty in the field of cinematography;
16) provides for the development of international cooperation in the field of cinematography;
17) organizes and conducts filmmaking activities national and international level;
18) shall exercise other authorities in the field of cinematography in accordance with this law and other normative legal acts of Turkmenistan.
 
 Article 28. The powers of local authorities

                     Executive power in the field of cinematography of the local executive authorities on their territory: 1) formulate and ensure the implementation of regional programmes for the conservation, development and support of cinematography;
2) participate in the implementation of State programmes on the conservation, development and support of cinematography;
3) promote material and technical conditions and conducting organizational measures for the preservation and promotion of cinematography;
4) organize local film events, as well as participate in the cinematographic activities, national and international level;
5) carry out other duties in the field of cinematography in accordance with this law and other normative legal acts of Turkmenistan.
 
Article 29. Community councils for cinematography 1. When the authorized State body in the field of cinematography can be created public councils for cinematography, including the Advisory Council, consisting of cultural and artistic personalities, scientists, professionals and other stakeholders.
Public tips on studying cinematography film projects proposed for the production of films at the expense of the State budget of Turkmenistan are considering other issues cinematography and prepare advisory opinions on them.
2. Position on public boards for cinematography shall be approved by the authorized State body in the field of cinematography.
 
CHAPTER VI. International activities in the FIELD of CINEMATOGRAPHY Article 30. International cooperation in the field of cinema 1. International cooperation in the field of cinematography shall be carried out in accordance with the law and international treaties to which Turkmenistan is a party.
2. international cooperation in the field of cinematography provides for the exchange of best national and world cinema, as well as exchange of technological developments in the field of cinema, co-production of films, including national, public display, and distribution of national films outside Turkmenistan, holding the cinematic events and other forms of international cooperation in the field of cinematography.
 
Article 31. Activity of foreign legal entities and physical persons in the field of cinema 1 on the territory of Turkmenistan. Foreign legal entities and physical persons may participate in the development of cinematography in Turkmenistan, including by investing her funds in accordance with the legislation of Turkmenistan.
2. the State guarantees to foreign legal and natural persons involved in the development of cinematography of Turkmenistan and investing her funds, creation of favorable conditions for their activities in accordance with the legislation of Turkmenistan.
 
CHAPTER VII. Final clauses article 32. Responsibility for violation of this Act, the violation of this law entails a responsibility established by the legislation of Turkmenistan.
 
Article 33. The entry into force of this law 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 law shall apply insofar as they do not contravene this law.
3. A law abrogating the Turkmen Soviet Socialist Republic from May 24, 1990 year "to streamline the work of the videozalov, video-salons, videobarov/video libraries (Gazette of the Supreme Council of TAJIKISTAN SSR, 1990, no. 10, p. 114).
 
     Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat, June 18, 2016 year no. 412-V.
 

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