Key Benefits:
On Amendments to Certain Laws of Ukraine on the Joint Television and Radio Broadcasting of Ukraine
(Information of the Verkhovna Rada (VR), 2015, No. 23, pp. 159)
Verkhovna Rada of Ukraine ruling :
I. Amend the laws of Ukraine to be amended:
1. Seventh Paragraph "(a) Article 5 of the Law of Ukraine" On Privatization of State Property " (Verkhovna Rada of Ukraine, 1997, No. 17, pp. 122; 2012, No. 43, pp. 551; 2013, No. 30, pp. 340; 2014, No. 20-21, p. 712) to read:
"The property of the National Public Broadcasting Company of Ukraine (NSTU) and the shares owned by the state in the statutory capital of NSTU."
2. 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):
(1) In the paragraph of the third article 1 of the words "National Television Company of Ukraine, the National Radio Company of Ukraine and other TV-Radio organizations of Ukraine" to replace the words "TV-radio organizations of Ukraine";
(2) Part of the first article of 10, to be published in this edition:
"The public joint stock company" National Public Broadcasting Company of Ukraine "has the right to illuminate the activities of the President of Ukraine directly or by publishing the official information received from the press service of the President of Ukraine";
(3) Article 14 is set out in such an editorial:
" Article 14. Official speeches and statements by senior officials of the state
Order of distribution to public joint company "National Public Broadcasting Company of Ukraine" reports of the President of Ukraine, Chairman of the Verkhovna Rada of Ukraine, Prime Minister of Ukraine, Chairman of the Supreme Court of Ukraine, Chairman of the Constitutional Court Ukraine and giving them direct air for emergency official performances is determined Law of Ukraine "Radio Television and Radio Broadcasting of Ukraine".
Funding for the costs of disseminating such reports is carried out from the state budget through the costs of outstanding funding from the relevant public bodies ";
(4) Articles 15 and 19 to exclude.
3. In The National Council of Ukraine on Television and Radio Broadcasting (Information of the Verkhovna Rada of Ukraine, 2005 p., No. 16, pp. 265; 2006, No. 18, p. (155):
(1) Article 14 will complement the paragraph of the eighth such content:
"The development and approval of the order of conferences on the formation, election and termination of powers of members of the Supervisory Board of the Public Joint Stock Company" National Public Broadcasting Company of Ukraine ";
(2) Part of the second article 24 shall complement the paragraph of such content:
"There are provisions for the formation, election and termination of powers of the Supervisory Board of the public joint stock company" National Public Broadcasting Company of Ukraine ", as well as the decision to carry out relevant conferences."
4. 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 part one of article 3, the words "On the system of the Constitution of Ukraine and Radio Broadcasting of Ukraine" should be replaced by the words "On the Joint Television and Radio Broadcasting of Ukraine";
(2) Part of the first article 11 is set out in such an editorial:
" 1. The structure of the national television and radio broadcasting of Ukraine is: utility broadcasters, public joint stock company "National Public Broadcasting Company of Ukraine" (further-NTU), State broadcaster "World Service" "Ukrainian television and radio broadcasting", public enterprise "Parliamentary channel" The Council ", private (regardless of the way distribution of programs), public and other broadcasters based in accordance with the requirements of the legislation";
In part one of the first words "The joint television and radio broadcasting of Ukraine is determined by the Law of Ukraine" On the system of the joint television and radio broadcasting of Ukraine "to replace the words" NSTU is defined Law of Ukraine "On the Joint Television and Radio Broadcasting of Ukraine";
complementing part of the second such content:
" 2. The NSTU is a broadcasting agency that broadcasts broadcasting on nationwide television channels, nationwide broadcasting channels of the multi-channel network network, on regional broadcasting channels of multi-channel air network and radio channels. According to Law of Ukraine "About the Joint Television and Radio Broadcasting of Ukraine" and the terms of the broadcasting licenses issued by the National Council.
The NSTU does not extend the limitations set to the third article 8 of this Act ";
(5) Part of the fifth article 19 of the Board of Editors:
" 5. NSTU funding is carried out in accordance with Law of Ukraine "On the Joint Television and Radio Broadcasting of Ukraine";
(6) Part of the second article 22 complement the paragraph by another such content:
" Order to develop conclusions about the capabilities and conditions of the radio frequency resource for the creation and development of speech channels, broadcast networks and TV networks NSTU is carried out by the National Council on the basis of NSTU statements and respectively to Development Plan ";
(7) Part of the eighth article 23 would complement the paragraph to the sixth such content:
" The speech of the NSTU in the volume defined by Article 5 The Law of Ukraine "On the Joint Television and Radio Broadcasting of Ukraine";
(8) Part 14 of Article 25 complements the paragraph "g" to the content:
"(g) is an organization of public television and radio broadcasting";
(9) Article 31 is supplemented by a part of the fourth such content:
" 4. The NSTU is exempt from payment of issuance, redesign and continuing the broadcasting licenses ";
(10) Part of the third article 35 would complement the paragraph "G" by the following:
" (g) the need to amend the terms of the license in relation to public television and radio broadcasting, according to Law of Ukraine "Radio Television and Radio Broadcasting of Ukraine".
5. In Law of Ukraine "On Public Television and Radio Broadcasting of Ukraine" (Information of the Verkhovna Rada of Ukraine, 2014, No. 27, pp. 904):
1) in Article 1 :
Part of the first of the words "socio-political issues" to supplement the words "ensuring a national dialogue";
a part of the second teaching in such an editorial:
" 2. Public television and radio broadcasting of Ukraine is formed in the form of public joint-stock company "National Public Broadcasting Company of Ukraine" (hereafter-NSTU), 100 percent of shares of which belongs to the state.
NSTU is formed on the basis of National Television Company of Ukraine, National Radio Company of Ukraine, the State broadcaster "Culture", regional state broadcasters, State broadcaster "Crimea", state organizations "Kiev" State Regional Broadcasting Company "," Sevastopol Regional State Television and Radio Company "," Novgorod-Siversk regional state broadcaster "Siverska", "Krivoy regional state broadcaster" "The Ukrainian Studio of Television Movies" "Ukrtelefilm", which is reorganized by joining the National Television Company of Ukraine.
The formation of the NSTU is carried out by the decision of the Cabinet of Ministers of Ukraine in accordance with the legislation with regard to the features defined by this Act.
NSTU is an object of public importance. Alienation, transfer (except short-term lease), privatization of real estate, facilities of incomplete construction, land areas on which they are located, and shares owned by the state in the capital of NSTU, is prohibited ";
2) first part Article 4, supplementing paragraph 1 - 1 such content:
" 1 - 1 ) providing a balanced and transparent access to the subjects of public and political life to programs (transmissions) of the discussion format, particularly in the form of debate ";
3) article 5 Set out in this edition:
1. NSTU broadcasts no less than two nationwide broadcasting channels of the multi-channel network network (public and political and cultural), on the regional broadcasting channels of the multi-channel network network and at least In three national terrestrial radio channels (public and political, cultural, youth) ";
4) first part Article 6 will complement the paragraphs in the second to ninth such content:
" The Statute of NSTU defines the powers of the shareholders, the authorities of the NSTU and their competence in accordance with the legislation, given the features defined by this Act.
The Statute of NSTU shall contain:
1) the guarantee of independence of the public speaker;
2) a ban on interference from the shareholder, other entities of the authority in its editorial policy;
(3) the position on the authority of the Supervisory Board of the NSTU;
4) the position on the authority of the members of the NSTU board;
5) the structure of the NSTU, in particular the provisions for the structural units of the NSTU responsible for television and radio broadcasting, regional broadcasting;
(6) the provision for the prohibition of alienation, transfer, privatization of fixed property, objects of incomplete construction, land areas on which they are located, and shares owned by the state in the statutory capital of NSTU ";
5) in Part 2 Article 7:
supplementing paragraph 1 - 1 such content:
" 1 - 1 ) Assigns five members of the editorial board of the NSTU ";
In paragraph 2, the words "elects the competitive basis for four years of the board and chairman of the NSTU" replace the words " in a competitive basis for four years of the head of government of the NSTU and, for its publication, members of the NSTU rule, concludes with them Contracts ";
supplementing paragraph 8 - 1 such content:
" 8 - 1 ) sets the terms and size of the payment of the workers of the NSTU ";
6) in Article 8 :
part of the first teaching in such an editorial:
" 1. The Supervisory Board of the NSTU is composed of one representative of the parliamentary factions and groups of the Verkhovna Rada of Ukraine of the current convocation and nine members from public associations and associations, the main activities of which are activities:
(1) In the fields of education and science;
(2) In the area of ensuring the rights of national minorities;
3) in the field of physical education and sports;
4) in the field of journalism;
(5) In the human rights sphere;
(6) To protect the interests of children and young people;
8) in the field of local government;
9) in the field of protection of rights of persons with special needs.
If the number of members of the Supervisory Board of the NSTU elected from parliamentary factions and groups of the Verkhovna Rada of Ukraine of the current convocation is equal to or exceeds the number of members selected from public associations and associations, the National Council of Ukraine on television and radio broadcasting holds an additional conference of all public organizations involved in the election of the Supervisory Board of the NSTU, which additionally selects members of the Supervisory Board of the NSTU from public associations and associations in the amount of Provide them exceeding one person ";
In part in the fourth word of "conference", in all differences, replace the words "appropriate conference" in the appropriate mark, and the word "takes" to replace the word "take";
Part of the fifth posting in this edition:
" 5. MPs and groups elect members of the Supervisory Board of NSTU.
In the event of an early termination of powers of a member of the Supervisory Board of the NSTU elected from the parliamentary group or group, such a deputy faction or group will decide on the election of a new member of the Supervisory Board of the NSTU.
In case of a deputy faction or group that elected a member of the NSTU which has pre-formed the authority disbanded, the Verkhovna Rada committee of Ukraine, which is subject to the competence of the broadcasting broadcasting, shall adopt an ad hoc decision on the order of election A member of the Supervisory Board of NSTU.
A member of the Supervisory Board of the NSTU, who prior to his appointment as a member of any political party, at the time of his authority, stops membership of the party. He cannot participate in party activities or carry out any of the party or any body or official ";
In the text of the article, the words "All-Ukrainian public association" in all differences and numbers are replaced by the words "public association and association" in the relevant distinction and;
7) in Paragraph 2 "Law of Ukraine" On the basis of the prevention and counteraction of corruption "to be replaced by the words" Law of Ukraine "Prevention of Corruption";
8) in Article 12 :
The third sentence of the first to exclude;
part of the sixth is taught in such an editorial:
" 6. On the head and board members of the NSTU, constraints are provided for by the second article 9 of this Act.
In the case of non-compliance with the requirements set by this part, the Supervisory Board of the NSTU is obliged at the nearest meeting to terminate the powers of the head or the corresponding member of the NSTU board ";
9) in Article 14 :
Part of the first elimination;
parts of the second and fourth to be taught in such an editorial:
" 2. The NSTU can be funded by:
1) the sale of its own body-and radio products, the fee for copyright and related rights;
(3) the subscription fee paid for the services of the NSTU in the order established by the Cabinet of Ministers of Ukraine;
4) other revenues not prohibited by legislation ";
" 4. During the first four years since the formation of the NSTU broadcast, the teleconference, reports of sponsors on the broadcasting channels of the NSTU during each astronomical hour and the astronomical day of the actual broadcasting cannot exceed the volumes, by current legislation.
During the fifth year of broadcasting of advertising, TV sales, sponsor reports cannot exceed 10 percent, and during the electoral process, 15 percent of the actual volume of speech during the astronomical day. The amount of advertising during each astronomical hour of actual broadcasting cannot exceed 15 percent, and during the electoral process, 20 percent.
Starting from the sixth year of broadcasting, the volume of advertising, TV sales, sponsor reports cannot exceed 5 percent, and during the electoral process, 10 percent of the actual volume of speech during the astronomical day. The amount of advertising per astronomical hour of actual broadcasting cannot exceed 10 per cent, and during the electoral process, 15 percent.
Social advertising in NSTU programs is permitted in the absence of a certain subject (brand), the position of the person, the goods. Such an advertisement does not include the time constraints defined by this article.
Broadcast advertisements, sponsor reports-manufacturer of alcoholic beverages, beer and/or beverages made on its basis, signs for goods and services, other objects of intellectual property rights under which alcohol beverages, beer and alcohol are produced. ta/or beverages made on its basis, is prohibited except broadcast of advertising and co-sponsors who are purchased with the right to broadcast international sports competitions by the International Olympic Committee, Federation of National Football Association associations, Union of European Football Associations and on International obligations to the European Broadcasting Union ";
10) in Article 15 :
Part of the first elimination;
a part of the second teaching in such an editorial:
" 2. The Cabinet of Ministers of Ukraine supervise the use and preservation of the transmitted NSTU property and can define the subject's management subject ";
Part of the fourth to exclude;
Part of the fifth posting in this edition:
" 5. NSTU has the right to possess, to use and dispose of the master, acquired by funds from its own business activities, subject to the restrictions established by this Act ";
In part 6 of the sixth word "property of the NSTU", replace the words "transferred to the NSTU property except in the real estate";
11) in Article 17 :
After the words "get the license to speech", add the words "by redesign";
supplemented with the words "State Broadcasting Company" Crimea ", state organizations" Kyiv State Regional Broadcasting Company "," Sevastopol Regional State Television and Radio Company "," Novgorod-Siversk regional state broadcaster " "Славирская", "Krivoy Regional State Radio Company" Krivyazzie ";
Part of the third set in this edition:
" 3. At the same time with the redesign of speech licenses provided by the second of this article, the National Council of Television and Radio Broadcasting accepts decisions on the annulment of the relevant network of radio organizations mentioned in part. the second of this article, the terms of which correspond to the terms of the speech license issued by the NSTU ";
In the paragraph of the first word "Issuance of licenses", replace the words "License redesign";
"The terms of speech licenses provided by the second of this article must conform to the terms of licenses that are invalid according to the part of the third of this article";
The third after the words "owner/founder of radio organizations" complements the words "speech concept (under compliance with the requirements of this Act)";
12) in Article 19 :
the name of the editor in such an editorial:
" Article 19. The editorial board and editorial board of the NSTU ";
Part of the first addition of the words "and in part of the editorial board for the drafting of this Act";
a part of the second teaching in such an editorial:
" 2. The editorial board of the NSTU is formed from the number of employees of the NSTU as part of fifteen people: five persons appointed by the Supervisory Board of NSTU, five people elected by the general assemblies of the creative collective NSTU, and five people appointed at the conference. The editorial boards of regional units of the NSTU.
The editorial board of the regional unit of the NSTU is formed within six persons: three persons appointed by the board of NSTU, and three persons appointed by the general assembly of the creative collective of the relevant regional unit of NSTU ";
Add part to the third such content:
" 3. The editorial statute of NSTU is approved by the Supervisory Board of the NSTU under the publication of the editorial board of the NSTU ";
13) in Part One Article 20 of the words "established by law of order" to be replaced by the words "established by this Act of order";
14) in Chapter IV "End and transitional provisions":
complementing items 1 - 1 and 2 - 1 such content:
" 1 - 1 "The laws and regulations of Ukraine act in part not to contradict this Act";
" 2 - 1 To establish that formation of the NSTU does not require the prior permission of the Anti-Monopoly Committee of Ukraine.
NSTU is the successor to all rights and duties, including all the objects of the intellectual property rights of the legal entities defined in Article 1 of this Act.
Making use of land regions provided for the placement of legal entities defined in Article 1 of this Act, to the statutory capital of NSTU is carried out in accordance with the normative assessment of such areas, and in the case of its absence. Expert assessment.
The introduction of fixed assets to a statutory capital of NSTU can be carried out on the basis of property accounting without prior-state registration of ownership of such property.
State registration of fixed property rights made to the statutory capital of NSTU is carried out on the basis of the transfer act and the act of valuing the property made to the statutory capital of NSTU. The transfer act and/or act of evaluation of property are documents confirming the occurrence, transition, termination of the rights of the property made to the statutory capital of NSTU.
The publication of the Cabinet of Ministers of Ukraine decision on the formation of the NSTU is the official message for creditors of the termination of legal entities defined in Article 1 of this Act.
Establish that the statutory capital of NSTU is formed by the property of legal entities defined in Article 1 of this Act other than the property that according to the legislation cannot be included in the statutory capital and is enshrined in the NSTU on the right of the host nation. Go back.
Under the formation of the NSTU, the formation of its statutory capital and the termination of legal entities defined by Article 1 of this Act does not apply the provisions of the legislation on:
The need to obtain the consent of creditors concerning the replacement of the debtor in the commitment (the transfer of debt), unless otherwise provided by the international treaties of Ukraine, the duty of which was provided by the Verkhovna Rada of Ukraine;
the rights of creditors to demand that the reorganisation of ensuring the implementation of obligations, their pre-termination or execution and damages of damages;
The impossibility of completing a reorganization to meet the requirements stated by creditors;
Conduct an audit audit of the financial reporting of legal entities defined in Article 1 of this Act.
Establish that paragraph 22 of Part 1 of Article 6 and Part 5 of Article 11 Law of Ukraine "On the management of state property", "NSTU" does not apply.
To establish that prior to the conclusion of the reorganization of the broadcasters defined in Article 1 of this Act, the proper broadcasting licenses are valid until the National Council of Ukraine has been adopted on television and broadcasting decisions. invalid relevant licenses in accordance with Article 17 of this Act.
To establish that the requirements of Article 5 of this Law of the National Council of Ukraine on television and radio broadcasts licenses NSTU to speech in the upper range of ultra short waves intended for radio broadcast, in order provided for Law of Ukraine "Television and Radio". Establish that the National Council of Ukraine on Television and Radio's Broadcasting provides an approval of the Order of the Conference of Public Associations and Associations, election of members of the Supervisory Board of the NSTU from public associations and Associations ";
in a paragraph of the first word "a six-month term from the day of entry into force by this Act" to exclude;
Add the paragraphs to the fifth to ninth such content:
" to ensure the supervision of a solid inventory of property, including the non-material assets of the legal entities defined in Article 1 of this Act;
To form a commission on the reorganization of legal entities defined in Article 1 of this Act, and to approve the order of conversion of the National Television Company of Ukraine to the NSTU with regard to the features established by the Act;
to prepare and submit to the Verkhovna Rada of Ukraine in the six-month line of proposals for:
The introduction of the broadcasting of communities on the principles of public broadcasting;
The introduction of property regulation (public property). "
1. This Act will take effect from the day, the following day by the day of its publication.
2. The laws and other regulatory legal acts of Ukraine act in a part that does not contradict this Act.
