Key Benefits:
On the reform of the state and communal printed media
(Information of the Verkhovna Rada (VR), 2016, No. 3, pp. 34)
This Act defines a mechanism for reforming the print media, established by state authorities, other state bodies and local governments.
1. The action of this Act extends to the print media, founders (co-founders) of which are organs of state power, other public bodies and local government bodies (further-printed media), and editors. The print media, the founders (co-founders) of which are the organs of the state power, other public bodies and the authorities of the local government (hereafter-the editorial).
2. Questions concerning the official publication of the printing media of the regulatory and legal acts of the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine, ministries, other central executive bodies, and others bodies, acts of which according to the legislation to be subject to state registration, regarding the mechanism for the implementation of the provisions of the official publication and the effect of law enforcement in the law is not regulated by law.
Article 2. Stages of reforming the print media and editorials
1. The reform of the print media and revisions is carried out in two stages: the first one for one year from the day of entry into force and the other for the next two years.
2. At the first stage, the reformation of printed media and editorial boards is carried out according to a list that is approved by the Cabinet of Ministers of Ukraine for the representation of a central executive branch providing the formation of state The policy of television and radio broadcasting, information and publishing, is organized by the promotion of the qualifications of employees of such edits, and consists of a list of reforming facilities.
3. Prior to the list of printed media and editorials subject to reforming at the first stage, the order of formation is determined by the central executive body, which ensures the formation of public policy in the sphere of television and Radio broadcasting, information and publishing areas are included with printed media and editorials addressed with appropriate petitions to the specified organ.
4. The Central Executive Body, ensuring the formation of public policy in television and radio broadcasting, information and publishing, summarizes the results of the first stage of the reformation of print media and editorial boards. And if necessary, prepares proposals for amending the relevant regulations.
5. In the second phase, the reformation of the print media and revisions was not reformed at the first stage.
Article 3. Ways to redesign print media and editorials
1. The reform of the media and editorial media is carried out in this manner:
1) the exit of the state authorities, other state bodies and local government bodies of the founders (co-founders) of the printed media and editorial staff-in the case of absence in the editorial office of the state (communal) property;
2) withdrawal of the state authorities, other state bodies and local government bodies of the founders (co-founders) of the printed media and editorial board with the transformation of the editorial board members of its work group into the subject Managing to preserve the name, target, and the language of the publication and thematic focus of the print media;
3) withdrawal of the state authorities, other state bodies and local government from the founders (co-founders) of the printed media and editorial board with the subsequent privatisation of the office property in the state or The municipal property, according to the legislation on privatization, if the labor collective of the drafting does not provide for this Act of proposal for its participation in the reform of the print media;
4) the conversion of printed media, founded by the central executive authorities, in the official printed edition.
2. The definition of the size of a particle belonging to the state is carried out in accordance with the privatization legislation.
3. For four months on the right of entry into force, the founding director (co-founders) of the print media and the editorial board are required to pay off taxes and mandatory payments, eliminate debt. Salary and other financial obligations under the law.
Article 4. Order of Decision on the Reform of Printable Media and Editorial
1. The decision to reform the print media and the editorial board is accepted by their founders (co-founders) with the participation of the labor collective.
The labor team of the editorial board has a priority right in determining a way of reform.
2. For three months on the date of entry into force, the Labour Group's editorial staff at general assemblies, which are present at least three-quarters of the total number of full-time employees, decide on their participation in the reformation of the printed one. The media and the editorial board and gives the founders (co-founders) of the proposal for a way of reform.
3. The co-founders (co-founders) of the printed media and the editorial in the lunar line after the entry of the labor collective's proposals make decisions about reforming and the manner of reformation that is added to the known labour force. the collective and is sent to the central authority of the executive branch, which provides the formation of state policy in the sphere of television and radio broadcasting, information and publishing areas to be listed on the list of reforming facilities and central the executive branch implementing state policy in the field of The registration of print media.
4. In case the editorial staff of the drafting team did not report their participation in the reformation during the line specified by part of the second of this article, the founders (co-founders) of the relevant print media and the editorial board make the decision about reforming on my own.
5. The decision of the founders (co-founders) on the reform of the printed media and revisions of the lunar period from the day of its adoption is published in the relevant printed media.
6. The dispute between the founders of the print media and the editorial and work team of the editorial board of the noted media printed on the manner of reformation is solved in court order.
Article 5. Features of the major editorial management in the process of reforming them
1. The management of the master editors of state printed media prior to completion of reformation is carried out by the governing bodies agencies of their founders (co-founders), according to Law of Ukraine "On the management of objects of state property".
2. The Office of the Chief of Editors of communal printed media prior to completion of reform is carried out by their founders (co-founders).
3. From the day, to take effect by this Act and to the conclusion of the process of reforming the relevant printed media bodies to state authorities, to other state authorities and local government bodies (co-founders) An operation is prohibited to carry out any property of the editorial assets, such as its sale, exchange, and office, setting of a mortgage, free transfer, and implementation to repay debt, transfer to the lease, and make it to statutory (composed) capital entities, transfers to the management and conduct of operations with debt requirements and obligations (factoring).
4. The Central Executive Body, which provides the formation of public policy in television and radio broadcasting, information and publishing, conducts monitoring of the process of reforming the print media and editorial boards. the aim of ensuring their functioning, retention of name, target, publication language and thematic focus.
Article 6. Summary of reforming objects
1. The Central Executive Body, which provides the formation of public policy in the field of television and radio broadcasting, information and publishing, provides warehousing, conduct and updates of the resulting enumeration of reform objects on the basis of the information served by the founders (co-founders) of the printed media and editorial media, in the order and form established by this body.
2. In the summary of the list of reformation objects, information about:
(1) The founders (co-founders) of the printed media and editorials;
(2) The premises in which the editors are located;
(3) The list of property on the balance sheet;
5) the founders ' decision (co-founders) concerning the way to reform the print media and editorial boards.
Article 7. Withdrawal of the state authorities, other state bodies and local government bodies of the founders (co-founders) of the printed media and editorial board
1. Exodus of public authorities, other state bodies, local government bodies of the founders (co-founders) of the printed media and editorial in case of absence from public (communal) property The agreement concluded with a treaty made between the state authorities, other state bodies, local governments, the founders (co-founders), and the rights successors (including the labour collective edition) according to the requirements of the Civil law. The specified contract, which necessarily should contain the conditions of ensuring the functioning of the printed media, retention of its name, target purpose, publication language and thematic focus, is the basis for submission of legal successors. the statement of the pererestion of the printed media in the order defined by Law of Ukraine "Printed Media (Press) in Ukraine".
Article 8. To convert the editorial to members of her labor collective into a host entity
1. Conversion of editorial members to the members of its labor collective is carried out in accordance with Civilian and Master Codes of Ukraine.
2. The separation of property particles between founders (co-founders) is carried out by the decision of the general assembly of the master's subject with regard to the balance of property.
3. In the case of a departure from the founding members (co-founders) of the host entity, his share of property acquired by it during the revision of the editorial office is not subject to the return of the appointed founder (co-founder), but is distributed among other founders The subject of the household.
Article 9. Granting revisions of property, premises and land on which these premises are located, in the process of reforming
1. In the process of reforming the property (except for premises and land) that at the time of effect, this Act was on the balance of the editorial board (property provided by the editorial board of the founders) of the print media and the editorial board of the the use of, and the property acquired by the labor collective edition), is transferred to the property assigned to the entity without pay, on the condition of ensuring the functioning of the print media, the preservation of its name, the target Assignment, publication, and thematic focus.
2. Public or communal property, in which the reformation time is amended, are transferred to the lease for at least 15 years with the size of the rent that is set for budget organizations. The lease agreement is concluded between the editorial and the State Property Fund of Ukraine (its regional office) or the relevant body of local government.
The editorial board of the editor is prohibited.
3. The action of this article does not apply to print media, which do not apply to the rules of state support for the media according to Article 2 The Law of Ukraine "On State Support for Media and Social Protection of Journalists".
Article 10. Conversion of printed media, founded by the central executive authorities, in the official print publications
1. Friends of the mass media, founded by the central executive bodies, can transform into official print publications by the decision of their founders (co-founders).
2. In the case of the central agencies of the executive branch (co-founders) of several print media, the official printed edition can only be transformed by one such print media. The reformation of other printed media is carried out in another way, predicted. Article 3 of this Act.
Article 11. Termination of print media and editorial activities
1. The co-founders (co-founders) of the print media and the editorial board make decisions on the termination of the release of the print media and the activities of the editorial, if:
(1) The editorial staff of the editorial office did not report its participation in reformation during a string determined part of second Article 4 of this Act;
(2) The privatization of the office of the editorial in this Act did not occur.
2. On the adopted decision, the founders (co-founders) of the print media and editorial staff report to the central body of the executive branch providing public policy formation in the field of television and radio broadcasting, information and (a), and the central body of the executive branch, implementing state policy in the field of public registration of print media.
Malformed by the founder (co-founders) of the print media of the central executive body, implementing state policy in the state registration of printed media, in the lines set out by the part of first Article 2 of this Act, the statement of the pererestion of the relevant printed media is the basis for the recognition of the public registration of printed media invalid.
3. The decision of the founders (co-founders) of the printed media and editorial on the termination of the issuance of the specified print media and editorial activities is published within a month in the respective printed production. Media.
Article 12. State support for the reformed print media of the local distribution sphere
1. Reformed print media of local distribution areas to ensure that their functioning can be provided by state support for the expense of the state budget in the order established by the Cabinet of Ministers of Ukraine. Provision of public support is carried out solely on the provision of the functioning of the print media, the preservation of its name, purpose and thematic focus.
2. Forms of public support for the print media of the local distribution sphere:
(1) The installation for the editorial terms of rental of premises in state or communal property, according to part 2 Article 9 of this Act;
(2) Address financial support;
(3) To provide to the editors of the priority right to make arrangements for the coverage of the activities of local executive authorities and local governments.
Article 13. Social safeguards for workers in reformed print media
1. In the case of contraction of the print state of the mass media by reforming the founder (co-founders), the editorial office is obliged to pay the release of the work compensation issued by the legislature.
Article 14. Final and Transitional Provisions
1. This Act is effective from 1 January 2016, except sub-item 3 , Twenty-third sub-paragraph 4 , sub-item 5 Item 5 of this article, which takes effect three years from the day of entry into force of the Act.
2. The laws and other legal acts adopted into force under this Act are applied in part that does not contradict the Act.
3. Funding of print media and editorials (except print media provided by state support according to the report) Article 3 The Law of Ukraine "On State Support for the Media and Social Protection of Journalists", three years from the state and local and local budgets, is stopped.
4. The pererestion of the printed media reforming is carried out on a free basis.
5. To make changes to such laws of Ukraine:
1) in "The printed media (press) in Ukraine". (Information of the Verkhovna Rada of Ukraine, 1993, No. 1, p. 1, No. 46, pp. 427; 2014, No. 5, pp. 62, No. 20-21, st. 715):
Article 8 after part of the first complement of the following content:
"The organs of state power, other public bodies and local governments cannot act as founders (co-founders) of the printed media."
In this regard, parts of the second and third are considered to be in terms of third and fourth, respectively;
Part of Article 15 of paragraph 5 of this content:
"5) if the founders (co-founders) of the print media act the organs of state power, other public bodies, the local governments ' bodies";
Part of the third after the words and numbers "part of the first article 3 of this Act" supplement the words "requirements of the Law of Ukraine" On the reform of the state and communal printed media ";
" The Register Authority acknowledges the certificate of public registration of the printed media invalid in the case of:
The presentation of the founder (co-founders) agreed with the editorial of a written report on the termination of the issuance of the print media;
disbelief after the completion of the process of reform of state and communal printed media by authorities of state authorities, other state authorities or local government authorities, which are their founders (co-founders), Pererestion of the relevant print media;
Adoption of the decision of the Court on the termination of the issuance of the print media ";
2) 8 part of the first article 26 and 7 part 1 of the first Article 43 The Law of Ukraine "On Local Government in Ukraine" (Verkhovna Rada of Ukraine, 1997, No. 24, pp. (170) After the word "audio-visual (electronic)", the words "foundation";
3) in Laws of Ukraine "On the order of coverage of the activities of the authorities and bodies of local self-government in Ukraine by the media" (Information of the Verkhovna Rada of Ukraine, 1997, No. 49, pp. 299 with the following changes):
In the paragraph of the fourth word "means of mass information of the State authority", replace the words "audiovisual (electronic) media by the authority of the public authority";
paragraph 6 of the sixth edition:
" The official printed edition is the publication of the President of Ukraine, the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the Constitutional Court of Ukraine, the Supreme Court of Ukraine, the highest specialized courts, the central agencies of the executive branch, other state governments. organs with special status, issued to the publication of normative acts, decisions of these bodies and information, the duty of the publication of which is predicted by legislation, during which the creative work is not used Journalists ";
In Article 7, the words "printed or audiovisual" will be replaced by the words "audiovisual (electronic)";
supplementing article 7 - 1 such content:
" Article 7 - 1 . Official printed publications
The founders of official publications may be the central organs of state power.
The official printed publications are made by the central executive body, implementing state policy in the field of public registration of print media, to the State Register of the printed media and information technology. agencies as subjects of information activities.
In official print publications, it is forbidden to place advertisements or any other information that is not provided by legislation.
Funding for the expenses for the preparation, release and distribution of official printed publications is carried out by and within the funds provided for the maintenance of relevant central government authorities.
Mandatory free copies of official printed publications after printing are delivered to the recipients according to Law of Ukraine "Document copy required";
Articles 22 and 23 are set out in such an editorial:
" Article 22. Publication of official documents of the authorities and local governments
Laws of Ukraine, regulations of the Verkhovna Rada of Ukraine, decree and order of the President of Ukraine, order and order of the Cabinet of Ministers of Ukraine, order of the Supreme Court of Ukraine, decision and conclusions of the Constitutional Court of Ukraine, decision of the authorities Local government, other legal acts are published in official print publications. The print media can publish official documents of government authorities and local government agencies, other public information according to legislation and on the grounds stipulated between such bodies and authorities. The editorial boards of the press are printed.
Article 23. Features coverage of government authorities and local government bodies, speeches of people's deputies of Ukraine, deputies of the Supreme Council of the Autonomous Republic of Crimea, local councils in print media
Coverage of the activities of the authorities and local governments, publishing adopted legislation, decisions about their activities, speeches of people's deputies of Ukraine, deputies of the Verkhovna Rada of Ukraine The Republic of Crimea, the local councils, as well as the information required by the publication of which is foreseen by the law, is carried out on the contractual basis according to the legislation ";
4) in The Law of Ukraine "On State Support for Media and Social Protection of Journalists" (Information of the Verkhovna Rada of Ukraine, 1997, No. 50, p. 302; 2002, No. 2, pp. 5, no. 29, st. 200, no. 50, st. 368, 2005, No. 17-19, pp. 267; 2015, No. 6, pp. (40):
in Part One Article 1:
Sixth and eighth-exclude paragraphs;
in the paragraph of the seventh word "or printed", replace "(electronic)";
in Article 4 :
the paragraph of the first edition:
"Defined funds for financial assistance are used for the purpose of providing";
in the paragraph to the second word "regional, urban and urban newspapers" to exclude;
In part four "in parts of the second and the third", replace "in part two";
in Article 6 :
In part the third word "state and communal periodicals and" to exclude;
in Article 7 :
in the name of the word "district, urban and urban newspapers" to exclude;
In part one of the first words " regional, urban and urban newspapers and to exclude;
in part the third word "on local newspapers in each district and city and" to exclude;
In part 5 of the word "newspapers and" to exclude;
in Article 8 :
in the name of the word "district, urban and urban newspapers" to exclude;
in the first sentence of part of the third word " district, urban and urban newspapers and to exclude;
in Part 2 Article 11 of the words "editorial periodicals of the printed periodicals of the State authorities" to exclude;
in Part 5 Article 14 of the words "Editorial Director of Media" to exclude;
part two Article 16 adds to the sentence of such content: "This rule extends to the journalist of a reformed print media that has worked in such a media until the completion of the process of reform";
5) Part 5 Article 22 of the Law of Ukraine "On the National Council of Television and Radio Broadcasting" (Verkhovna Rada of Ukraine, 2005, No. 16, pp. 265; 2006, No. 18, p. 155) to exclude;
6) article 1 Law of Ukraine "On strengthening the protection of the property of editorial media, publishing, book, book distribution, creative unions" (Verkhovna Rada of Ukraine, 2010, No. 30, pp. 397) complement part of the third such content:
"This Act does not apply to the property of the editorial staff of the printed media, founded by the state authorities, other state authorities and local governments."
