Advanced Search

On Amendments To Certain Laws Of Ukraine On Ensuring Transparency Of Ownership Of The Media And The Implementation Of The Principles Of The State Policy In The Sphere Of Tv And Radio Broadcasting

Original Language Title: Про внесення змін до деяких законів України щодо забезпечення прозорості власності засобів масової інформації та реалізації принципів державної політики у сфері телебачення і радіомовлення

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

LAW OF UKRAINE

On the introduction of changes to some laws of Ukraine to ensure the transparency of the media ownership and implementation of the principles of public policy in television and radio broadcasting

Verkhovna Rada of Ukraine ruling :

I. Amend the laws of Ukraine to be amended:

1. In The National Council of Ukraine on Television and Radio Broadcasting (Information of the Verkhovna Rada of Ukraine, 2005, No. 16, p. 265 with the following changes):

(1) Article 13 will complement the paragraph of the thirteenth such content:

" supervising and supervising TV radio organizations and software service providers to disclose information about the ultimate beneficiary owners (controllers), and in their absence, of all the owners and participants of the radio organization of the software service provider and all the individuals and owners and participants of legal persons at all levels of the chain of ownership of corporate or software services, on related persons and about the structure of property Radio organizations or software services provider. Control is done by presenting the National Council of Requests for Information to the Authorities and Local Government, Physical and Legal Persons, requests for information from public registry information, as well as requests for information. Providing information to the competent bodies of foreign states in accordance with international regulatory instruments ratified by the Verkhovna Rada of Ukraine ";

(2) In the paragraph of the seventh article, the words "State Register of Television and Radio Organizations of Ukraine" should be replaced by the words "The State Register of the subject of information activities in the sphere of television and radio broadcasting";

(3) Part of the third article of 16 shall be supplemented by the paragraph of the eleventh such content:

"Information on the execution of television and programme services providers to disclose information about the ultimate beneficiary owners (controllers), about the related persons and the ownership structure";

(4) In Article 17:

part of the second complement paragraph by another such content:

"The national council has the right to adopt regulatory acts solely in cases prescribed by the law";

Add parts to the fifth and sixth such content:

" 5. Every act of individual action of the National Council must contain a motivational part, which is said to have at least one of the following:

Reference to the rule of law of Ukraine, which emits the National Council of the powers to adopt an act of individual action;

Circumstances of which the laws of Ukraine relate to the National Council of the Authority to adopt an appropriate act, as well as references to evidence that are confirmed by the occurrence of such circumstances.

6. Apart from the general requirements defined by the fifth of this article, the decision to failure in issuing licenses, the decision to failure in the continued line of the license act should contain at least the following:

Reasons for failure: The circumstances of which the National Council has come out, taking the decision of failure to issue a license or a failure to proceed to the continuing line of the license;

Normative rationale of the adopted decision: a reference to the rule of law of Ukraine in accordance with which the National Council of the Circumstances grant it the right to deny issuing licenses or in the continuation of the license;

Justifying the benefits of other participants: in case of deciding a failure in issuing licenses, the outcome of the competitive selection is noted, whether the person with the consent decision shall be established by the law of preference for Obtaining a license whether other persons had the same or other benefits, for which reasons were issued by the National Council, preferring to issuing licenses to the winner of the competition rather than the applicant. "

2. In The Law of Ukraine "On Television and Radio" (Information of the Verkhovna Rada of Ukraine, 2006, no. 18, p. 155 with the following changes):

(1) In Article 1:

supplemented with the alphabetical order of the terms of the following content:

"An affiliated entity is any legal entity that has a substantial part in the subject of information activities in the field of television and radio broadcasting";

" substantial participation-direct and/or mediated possession of a person alone or together with other persons 10 and more per cent of statutory capital and/or voting rights of particles (rations, shares) of the subject of information activities in the field of television and broadcasting or independent from the formal ownership of the possibility of a significant impact on the management of such a subject of information activities. The person is recognized by the owner of a mediated entity, regardless of whether it is exercised by the direct ownership of a person's participation in the subject of information activity in television and broadcasting or control of any other person in the chain. Ownership of the corporate rights of the specified subject of information activities ";

" The ultimate beneficiary owner (controller) is a physical person who, regardless of formal possession, has the ability to exercise a decisive impact on the management or economic activity of the subject information in television and broadcasting directly or through other individuals, which is carried out, in particular by implementing the rights of owning or using all assets or their significant fraction, the rights of decisive impact on the formation, voting results, and rights that enable the ability to determine the conditions of economic activity, Provide mandatory guidance or execute authority functions, or which has the ability to exercise influence through direct or mediated (through another physical or legal entity) possession of one person alone or in collaboration with related physical and/or legal entities in the subject of information activities in television and radio broadcasting ";

" The chain of ownership of corporate rights-information on the composition of founders, participants, shareholders of subject information in television and radio broadcasting, which includes data on founders, participants, shareholders of the first and each of the following the level of ownership of the corporate rights of the subject of information services in the field of television and radio broadcasting ";

" mediated possession of a substantial entity-possession of a person by itself or in conjunction with other persons at least one of the following rights and jurisprudence:

Take control of the direct owner of a substantial participation in a television radio organization;

Exercise of the control of a group of direct owners of legal persons who are direct owners of significant participation in the teleconference;

The right to vote in the general assembly of participants (shareholders) of the telecom organization with a share (shares, rations, etc.) in size 10 and more than a percentage of the statutory (composed) of capital which is based on any non-prohibited law (except in cases, when authorized to vote 10 and more than a percent of the statutory (compiled) capital of the subject of information activity in television and radio broadcasting is provided by the trustee who is in labour relations with the trustee, or when in The trustees defined on the agenda of the General Assembly agenda , as for which (against which) the decision is required to vote);

the presence of persons (groups of individuals) regardless of the formal ownership of the possibility of decisive influence on the leadership or activities of the subjects of the information activity or any of the established persons;

Exercise of control of a group of persons exercising the control of any person in this definition ";

" The public company is a legal entity created in the form of a public joint-stock company whose shares are listed on the stock exchange (listing procedure) of stock exchanges, which meet the criteria defined by the National Bank of Ukraine. It is believed that the public company has no individuals who have a substantial involvement with control over it, and is something that does not have the ultimate beneficiary (controller). ";

" The structure of the property is a system of interrelationships of legal and physical persons, which allows you to determine:

all owners, participants, shareholders of the subject of information activities in the field of television and radio broadcasting (broadcasters or software services provider), including the beneficiaries (controllers), and in their absence-all owners, participants, shareholders of the subject of information activities in the field of television and radio broadcasting and all individuals and owners, participants, shareholders of legal persons at all levels of the chain of ownership of the corporate rights subject Television and broadcasting activities (other than public companies);

All persons who have direct or mediated essential participation in the subject of information activities in television and radio broadcasting;

All key participants of each legal entity present in the chain of ownership of the corporate rights of such information activities in television and radio broadcasting;

the relationship of control of the subject of information activities among all the persons listed in the paragraphs of the second and the third of this definition ";

The term "owner of the radio organization" teaches in such an editorial:

" The owner of the subject of information activity in television and radio broadcasting is a physical person or a legal entity about which there is no physical person who possesses a direct or mediated substantive participation of the subject of information activities in the field. television and radio broadcasts (except for individuals who carry out the mediated possession of substantial participation solely on the way, in the absence of other features of the mediated possession). The ultimate beneficiary owner (controller) is the owner of the subject of information activities in the field of television and radio broadcasting ";

the term "control of the founder (co-founder), the owner (co-owner) of the TV radio organization" to teach in such an editorial:

" Control is possession of a fraction of a legal entity ' s statutory capital of more than 50 percent, other than privileged shares, or right to more than 50 percent of the vote in the highest legal authority, or the opportunity to exercise crucial. Impact on the management of legal entity on the basis of law ";

The term "related person" shall be taught in such an editorial:

" related individuals with the subject of information activity in television and radio broadcasting-persons who have substantial participation in the subject of information activities in television and radio broadcasting; executives, affiliated persons of the subject of information Activities in the field of television and radio broadcasting; persons who have significant participation in the subject of information activities in television and radio broadcasting; family members (husband, wife, children and parents, stepmother and stepfather, family brothers, the sisters and their children, men and wives) the owners of the subject of information activities in the sphere of television and radio broadcasting; legal persons in which the physical persons listed above are executives or owners of significant participation; a studio manufacturer with which the subject of information activities in television and radio speech during the calendar year; It has a total of $50 million (excluding added value). "

The term "subject of information activity" is set out in such an editorial:

"The subject of information activity in the field of television and radio broadcasting is a legal entity that carries out economic activity in the field of television and radio broadcasting (broadcasting, software service provider, etc.)";

(2) The second sentence of the part of the first article 8 is taught in such an editorial: " In particular, no physical or legal person alone and/or together with a group of related persons has no right to control in any way, including through the impact on formation. Administrative and/or supervisory bodies of radio organizations or by exercising the control of the broadcaster, more than 35 per cent of the total relevant territorial broadcasting market is nationwide, regional or local ";

3) in Article 12:

a part of the second teaching in such an editorial:

" 2. In Ukraine, it is prohibited to establish and participate in broadcasting organizations or providers of software services:

State authorities and local governments, the legal entities that they founded, at all levels of the chain of ownership of the corporate rights of the broadcasters, if the decision to establish or the provision of them does not involve the authority To establish radio organizations;

Legal entities and individuals registered in offshore zones, which are approved by the Cabinet of Ministers of Ukraine, as well as individuals without citizenship;

Persons who are residents of a country recognized by the Verkhovna Rada of Ukraine by the State-aggressor or the State-occupying power, as well as legal entities, participants (shareholders) of which are either legal or physical persons at all levels of the chain of ownership Corporate rights of the telecom organization and end-to-year-issuers;

Political parties, trade unionists, religious organizations and legal entities that they founded, at all levels of the chain of ownership of the corporate rights of the broadcasters or the service provider;

Citizens who are sentenced to trial in prison or convicted by the courts ";

after part of the third complement to a new part of this content:

" 4. The property structure of the subject's information activities in television and radio broadcasting is recognized as transparent if the information published on its official website and given to the National Council gives the determination of all persons having direct ta/or Mediated substantial participation in the legal person or the possibility of a significant or decisive impact on the management and/or activities of a legal person, including the relationship of control among all persons in the chain of ownership of corporate rights a legal entity, and to determine the ultimate beneficiary of the owner.

Information on the property structure of the subject's information activities in television and radio broadcasting is placed on its official website, in accordance with the requirements of this Act.

The subject of information activity in television and radio broadcasting each year gives the National Council information about its ownership structure in order and the form established by the National Council. Misrepresentation, untimely submission of such information or presentation of information that is not valid, is the basis for the application of the National Sanctions Act under this Act.

In case of the detection of technical error in information about the structure of the property served by the National Council, the subject of information activities in the field of television and broadcasting should be corrected for two weeks. "

In this regard, the fourth and fifth are respectively part of the fifth and sixth;

(4) In Article 24:

In part one of the first words, "Legal person" is replaced by the words "applicant is a legal entity";

In part two, the word "teleradio" is replaced by the word "applicant";

in part three:

in the paragraph of the first word "The Broadcasting Organization" to replace the word "Applicant";

in the paragraphs of the second, the fourth word "the radio organizations" to replace the word "applicant";

Please add the following paragraphs to the sixth-thirteenth such content:

" information on the participant possessing substantial participation, and end beneficiaries (controllers) of the telecom organization and provider of software services.

This information should contain:

For individuals-surname, name, by parent (availability), nationality, series and passport number of the citizen of Ukraine or passport document of foreign, place of residence, registration card number of taxpayer card (if available);

on legal entities-naming, a state in which this legal entity is a resident, the identification code of a legal person, the place of registration of a legal person;

information about the ultimate beneficiary owner (controller) (beneficiary owners (controllers) of the telecom organization, including the ultimate beneficiary (controller) (the beneficiary owners (controllers) of its founder, if the founder is legal entity, namely: surname, name, by parent (availability), nationality, series and passport number of the citizen of Ukraine or passport document of foreign, residence, registration card account number (if available), information according to The Declaration on the Property, Revenue, Costs and Commitment of the Financial ;

information on the structure of the applicant 's ownership structure, its affiliated and associated individuals behind a form established by the National Council that must contain a comprehensive list of information on the structure of the subject' s subject of information activities in the field of television and Radio broadcast.

Documents regarding foreign legal persons or individuals-foreigners, or issued by a foreign state, have to apply to the National Council for the interpretation of the Ukrainian language, attested notarially. The documents issued by the body of a foreign state should be seen notarially at the place of issuance and legalized in established order, unless otherwise provided by international treaties of Ukraine, the consent of which was provided by the Verkhovna Rada of Ukraine.

The National Council must request a claimant to correct the shortcomings of the documents filed, which it sends the applicant not later on the tenth day after receipt of a statement on the issuing (continued) license. To correct the failings, the applicant is given a reasonable line of strings, which cannot be less than 14 calendar days from the day of receipt of the applicant. This line can be lengthened by the National Council by the motivated petition of the applicant, but not more than 30 calendar days. At the time given to the applicant for the correction of flaws, the evaluation of the rigorous review statements of the issuance of the issuance of the issuance (continued) of the license shall be stopped, in addition to the proceedings of the applicant in the competitive basis ";

the paragraph of the second part of the fifth complement of the words " as well as the legal persons entering the property structure of the applicant, including copies of offenders and other documents, on the basis of which any of the owners of the applicant have been direct or mediated substantive participation in the legal entity, which has submitted a statement to the issuing (continued) license, as well, for the presence of reasoned doubts in the credibility of the applicant of information, on the basis of the motivated request of the National Board documents that make the conclusion of the property of any of the owners of the applicant: The Declaration on the State of the State and the proceeds (the payment of the tax on the income of individuals and of the lack of tax obligations under such a tax) (in the case of submission of such a declaration) a year preceding the year in which the relevant request was sent form (in the case of the availability of income received in Ukraine) and/or the reference of the authorized body of the foreigner's residence on his income and the status of enforcing it as a taxpayer ";

after part of the sixth complement to a new part of this content:

" 7. The National Council is in the case of presenting a partial package of documents (including non-execution or untimely execution by a request for a paragraph by the second part of this article) or to comply with the requirements of this Act, or if submitted The documents do not meet the requirements for the transparency of the ownership structure of the applicant, the decision on the return of the documents to the applicant without consideration.

The relevant decision of the National Council should contain references to the grounds stipulated by this part, of which the National Council decided to return the submitted documents to the applicant without consideration, and could not be based on the assumptions.

Following the removal of the National Reason Council, which became the basis for the return of the documents without consideration, the applicant is right to reapply to the National Council for the corrected documents within 10 calendar days, with the date given. The submission of the statement is considered the date of its first submission. "

Due to this section, it is the eleventh to be considered in the eighth to twelfth.

a part of the twelfth to complement the paragraph by another such content:

"The decision to failure to issue licenses shall meet the requirements established by Article 30 of this Act";

(5) Part 14 of Article 25 shall complement the paragraph of "g":

(g) For one year before the day of submission, it was not permitted to violate the requirements of this Act concerning the disclosure of information on all finite beneficiaries (controllers), on all related persons and on the structure of the property ";

(6) In Article 30:

In part two:

"b" to read:

"b) are specified in a statement and added documents to it, including the information about the ultimate beneficiary owners (controllers), at the time of its submission it is not consistent with the documentation";

Add "g" to the following:

"(g) The ownership structure of the broadcasting organization and/or its founder (s), which acquires (acquired) essential participation, is not transparent in the meaning of this Act";

part of the third complement of paragraphs to others is the fourth such content:

" The decision to failure to issue licenses should contain a detailed rationale for the grounds, of which the National Council adopted such a decision, with reference to specific rules of this Act established during the review of the issuing license of the circumstances, confirmed. Documentary and proper evidence.

The basis for the failure of issuing licence to competitive services is the lack of information on the ownership structure of the broadcasting organization and/or information about its end beneficiaries, and in their absence, of all owners and owners. The participants of the radio organization and all the individuals and owners and participants of legal persons at all levels of the chain were owned by the corporate rights of the broadcasters, or if such information is not valid.

Furthermore, the basis for the refusal of issuing licence to speech at the competitive basis is the presence of the Law of Benefits from another applicant who won the results of the competitive selection ";

(7) In part thirteen, article 35 of the word "State Register of Television and Radio Organizations of Ukraine", replace "The State Register of the subject of information activities in the field of television and radio broadcasting";

8) in Article 38:

In the name of the word "State Register of Radio Organizations of Ukraine", replace the words "State Register of Subjects of Information Activity in Television and Radio Broadcasting";

Part of the first word "speech license" would be supplemented with the words "and the license of the software provider";

In part 2, the word "Teleradio" would be replaced by the word "Persons";

Part of the fifth posting in this edition:

" 5. State registration of service entities, which have received speech licenses and/or licenses of the software provider, is carried out by making relevant changes to the State Registry of the subject of information activities in the field of television and Broadcast on a three-day line from the day of the issuance of the appropriate license ";

in parts seven, tenth, eleventh, twelfth word "teleconference" in all differences and numbers replace "the subject of information activity in the field of television and radio" in the appropriate case;

Part eleven after the words "speech licenses" would be supplemented with the words "software providers ' licenses";

in part twelve:

a paragraph of the first after the words "license (license) on speech" complemented by the words "t/or license (license) of the software service provider";

"d" in this edition:

"(d) the final benifiziary owners (controllers)";

the paragraph "is" to be supplemented by the words "or the license of the software provider";

in the paragraph "and" the words "form (s) of the speech" replace by the words "for TV radio organizations-type (s) of the speech";

In paragraph "and" the words "territorial characteristics", replace "for television radio organizations-territorial characteristics";

In part fourteen, the words "and twice a year publish them in the official bulletin of the National Council" to exclude;

In the text of the article "State Register of Radio Organizations of Ukraine" in all differences, replace the words "State Register of the subject of information activity in the sphere of television and radio broadcasting" in the relevant case;

(9) In Article 40:

In part of the first word "(speech) of cable television and radio broadcasting", replace the words "software provider";

part of the third complement of paragraphs fourth-sixth such content:

" in) information on the ownership structure of the applicant with data on all finite beneficiary owners (controllers) of applicant and related persons (for each person-surname, name, by parent, date of birth, nationality, address).

If the software provider does not have the beneficiary owners, the information is given to all owners and participants of the software service provider and all the individuals and owners and participants of legal persons at all levels of the chain. ownership of the corporate rights of the software service provider.

Information on the applicant 's property structure must contain information about all the individuals who own a share of 10 and more per cent in the applicant' s statutory capital, and about all legal entities that bind the applicant to all its endpoints. Beneficiary's owners (controllers) (for each of the physical persons-surname, name, by father, date of birth, nationality, address) ";

Part of the fourth word "on the activities (broadcasting) of cable television and radio broadcasting" replace the words "software provider";

Add part to the ninth of this content:

" 9. The software service provider is required to:

(a) Every year, until 31 March, publish on its official website and submit to the National Board of the Report for the previous (reporting) year of the activity in which:

Information on any changes in the ownership structure of the reporting year;

Information on all finite beneficiary owners (controllers) and related persons (for each person-surname, name, by parent, date of birth, nationality, address);

Information on persons who have provided the provider of software funding (credit, loans, financial assistance, etc.) if the total amount of such funding from one person over the reporting year was 125 and more Minimum wage;

(b) Place the website information on its official website;

(10) In Article 59:

part of the first complement of the paragraph "yi" of this content:

"(i) to be placed on its official website information on the ownership structure established by the National Council";

complementing part of the second such content:

" 2. The Broadcasting Organization is required every year, until 31 March, to apply to the National Council of the Report for the previous (reporting) year of activities on its property structure, which noted:

Information on the property structure as of December 31 of the reporting year;

Information on changes in the structure of ownership over the reporting year;

Information on all persons possessing or possessing direct or mediated substantial participation, with the meaning of such possession (the date of the conclusion of the relevant legal or other legal facts), including Information on individuals who have acted on the basis of their respective assignments, as well as information on all related persons (for each person-surname, name, father, date of birth, nationality, address).

The form of the report, the order of its assembly and consideration are approved by the National Council ";

(11) Part 10 of Article 72 complement the paragraph by another such content:

" For non-submission or untimely presentation of information provided by part of the second article 59 (for telecom organizations) or part of Article 40 (for software service providers) of this Act, the broadcasting organization or the software service provider Pays a fine of 5 percent of the total amount of the licensing fee for all licenses owned by the offender, according to Article 31 of this Act. "

II. Final Position

1. This Act takes effect from the first number of the month, the next month of its publication.

2. National Council of Television and Radio Broadcasting for two months from the day of publication of this Act will approve the Order of Television and Programme Service providers about property structure and relevant information. Document forms.

3. Broadcasting organizations using valid licenses, and software providers for six months on the day of entry into force, are subject to information about their ownership structure and the ownership structure scheme to National Council of Ukraine on Television and Radio Broadcasting in accordance with Part 9 of Article 40 (for Software Service Providers) or Parts of the Second Article 59 (for the Broadcasting Organizations) Law of Ukraine "Television and Radio".

After the entry into force of the National Council of Ukraine on Television and Broadcasting about the approval of the Order of Television and Programme Information Services on the structure of ownership and the approval of the relevant Television and software service providers provide information in the specified order and form solutions. Before the adoption of such decisions, the relevant information is given to the National Council of Ukraine on television and radio broadcasting in arbitrary form, but with the mandatory value of all information stipulated by articles 40 and 59 Law of Ukraine "Television and Radio".

President of Ukraine

PZERN

Um ... Kyoto
September 3, 2015
No. 674-VIII