Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

LAW OF UKRAINE

of December 21, 1993 No. 3759-XII

About television and broadcasting

(as amended on 03-10-2019)

This Law according to the Constitution of Ukraine and the Law of Ukraine "About information" governs the relations arising in the field of television and broadcastings in the territory of Ukraine, determines the legal, economic, social, organizational conditions of their functioning directed to realization of freedom of expression, the rights of citizens to receipt of complete, reliable and operational information, to open and free discussion of public questions.

Section I. General provisions

Article 1. Determination of terms

1. For the purposes of this Law the following terms are used:

audiovisual information - any signals perceived by visual and acoustical receptors of the person and identified as messages on events, the facts, the phenomena, processes, information about persons, and also comments (opinions) on them transferred by means of images and sounds;

the audiovisual work - the part of teleradio program which is copyright object, having certain duration, the author's name and own concept, consisting of episodes or complete author's works combined among themselves by creative intention and graphic or sound means and being result of joint activities of authors, contractors and vendors;

audiovisual (electronic) mass media the organization providing the audiovisual information transferred in type of electric signals and accepted by means of household electronic devices for mass acceptance by consumers;

the affiliate - any legal entity having essential participation in the subject of information activities in the field of television and broadcasting;

leading (announcer) of transfer - the person which in shot or off-screen or in air exercises coordination and/or general management of implementation process of creative intention by other participants of transfer or accompanies the transfer course with explanations and/or the declaration of rules. Leading (announcer) of transfer performs activities based on employment, civil or other relationships with the teleradio organization or other person, provides creation or production of transfer, including to order to the teleradio organization;

the multichannel television network (radio or cable) the telecommunication public service network intended for transfer of teleradio programs, and also rendering other telecommunication and multimedia services capable to provide simultaneous broadcasting more than one teleradio program can be also integrated with other telecommunication public service networks;

house distribution network - the telecommunication network intended for the direction of teleradio programs to certain rooms (apartments) of the house, which is one of internal communications of the house and not being part of multichannel television networks;

own product of the teleradio organization - the programs and transfers, their parts fully or partially created and/or financed by the teleradio organization;

the owner of the subject of information activities in the field of television and broadcasting - physical person or the legal entity concerning whom there are no physical persons which have the direct or mediated essential participation of the subject of information activities in the field of television and broadcasting (except the physical persons performing the mediated ownership of essential participation it is exclusive by proxy, in the absence of other signs of the mediated ownership). The final beneficial owner (controller) is the owner of the subject of information activities in the field of television and broadcasting;

the public teleradio organizations - the teleradio organizations which according to the law are the non-profitable organizations created for the purpose of satisfaction of information needs of territorial bulks;

the state teleradio organizations - the teleradio organizations which are the state companies and founded by public authorities;

permission to temporary broadcasting - the decision made by National council of Ukraine concerning television and broadcasting, granting to the teleradio organization the right on out-of-competition basis in accordance with the terms of permission to perform temporary broadcasting in the territories with specific mode of broadcasting for up to one year;

broadcasting time - period during which according to the license for broadcasting the teleradio organization performs broadcast (relaying) of any audiovisual information;

essential participation - immediate and/or indirect possession by person independently or together with other persons in 10 and more percent of the authorized capital and/or voting powers of shares (shares, shares) of the subject of information activities in the field of television and broadcasting or possibility of considerable influence, independent of formal ownership, on management of such subject of information activities. Person is recognized the owner of the mediated essential participation irrespective of whether it exercises control of the direct owner of essential participation in the subject of information activities in the field of television and broadcasting or control of any other person in chain of ownership of corporate laws of the specified subject of information activities;

television channel - the certain band of frequencies intended for requirements of television and specified in respect of use of radio-frequency resource of Ukraine;

broadcast channel - set of the technical means of broadcasting (cable, optical, radio communications) intended for distribution TV and/or radio programs on the territory determined by parameters of these means providing broadcasting in real time of one teleradio program;

broadcast channel of multichannel television network - part of resource of the multichannel television network providing broadcasting in real time of one teleradio program;

the final beneficial owner (controller) - the physical person which irrespective of formal ownership has opportunity to perform decisive influence on management or economic activity of the subject of information activities in the field of television and broadcasting is direct or through other persons which is performed, in particular, by realization of right of possession or use of all assets or their considerable share, the right of the solving influence on forming of structure, results of vote, and also transactions which give opportunity to determine conditions of economic activity, give mandatory instructions or perform functions of governing body or which has opportunity to exert impact by direct or mediated (through other physical person or legal entity) ownership of one person independently or jointly with the related physical persons and/or legal entities of shares in the subject of information activities in the field of television and broadcasting;

the utility teleradio organizations - created by local government bodies with participation of territorial bulk in the procedure for the teleradio organization established by the law, at least a half of shares or shares of the authorized capital of which are in utility property;

competitive guarantee - the money contribution established by National council of Ukraine concerning television and broadcasting confirming intentions and obligations of the participant of tender on receipt of the license;

control - ownership of shares of the authorized capital of the legal entity in the amount of more than 50 percent, except preferred shares, or the right to more than 50 percent of votes in the supreme body of management of the legal entity, or opportunity to perform decisive influence on management of the legal entity on the basis of the transaction;

chain of ownership of corporate laws - information on the list of founders, participants, shareholders of the subject of information activities in the field of television and broadcasting including data on founders, participants, shareholders of the first and each subsequent level of proficiency in corporate laws of the subject of information services in the field of television and broadcasting;

the license for broadcasting - the document of the state sample issued by National council of Ukraine concerning television and broadcasting and certifying the right of the licensee in accordance with the terms of the license to perform broadcasting, to use broadcast channels, networks of broadcasting, channels of multichannel television networks;

the license of provider of program service - the document of the state sample issued by National council of Ukraine concerning television and broadcasting and certifying the right of the licensee to render program services with use of resource of multichannel television networks;

licensed requirements - qualification, organizational, technical, production, financial and economic, special requirements to the teleradio organizations aiming at receipt of the license for broadcasting;

the licensee (the owner of the license) - legal entity or physical person to which the National council of Ukraine concerning television and broadcasting granted the corresponding license;

broadcasting licensing - issue, prolongation, renewal, cancellation of licenses for broadcasting, modification of the license for broadcasting, issue of duplicates of licenses for broadcasting, conducting licensed cases and licensed registers, control of observance by licensees of licensed conditions and conditions of the license, issue of orders about elimination of violations of licensed conditions and conditions of the license, and also orders about elimination of violations of the law in the field of broadcasting licensing;

logo (corporate, trademark) - any combination of designations (the word, letter, digit, graphic elements, combinations of flowers), suitable for otlicheniye of broadcasting time of one teleradio organization from another;

broadcasting (TV and radio broadcasting) - creation (completing and/or packaging) and distribution of programs, software packages, transfers with use of technical means of telecommunications for public acceptance by means of household TV and radio receivers by open method or for license fee on a contract basis;

the broadcaster (TV or radio) - the subject of managing creating (completing and/or packing) television or radio programs and transfers and extending them in the opened or coded type by means of technical means by broadcasting and relaying for acceptance by their consumers;

network of broadcasting - set of the broadcast channels determined by the license for broadcasting, television networks, radio frequencies, the companions used by the broadcaster for distribution TV or radio programs and transfers;

the music video - the complete audiovisual work which sound number consists of the piece of music, including song is informative;

national audiovisual product - the programs, movies, audiovisual works made by physical persons or legal entities of Ukraine;

news (transfer of news) - information, information and analytical transfer to air which according to the schedule of broadcasting of the teleradio organization regularly airs;

the operator of multichannel television network - the subject of managing (legal entity or physical person) performing servicing and technical operation of multichannel television network according to requirements of the Law of Ukraine "About telecommunications" without the right of rendering program (information) service;

the mediated ownership of essential participation - ownership of person independently or together with other persons, at least one of the stated below rights and competences:

control of the direct owner of essential participation in the teleradio organization;

control of group of direct owners of the legal entities who are direct owners of essential participation in the teleradio organization;

the voting power on general meeting of participants (shareholders) of the teleradio organization from shares (shares, shares, etc.) in the amount of 10 and more percent of the authorized (constituted) capital based on any, the basis which is not prohibited by the law (except cases when according to the order the voting power of 10 and more percent of the authorized (constituted) capital of the subject of information activities in the field of television and broadcasting is provided by the principal to person which is in employment relationships with the principal or when in the power of attorney the list of questions of the agenda of general meeting with indication of that as well as for what (against what) decisions it is necessary to vote) is determined;

availability at person (group of persons), irrespective of formal ownership, possibility of decisive influence on management or activities of the subject of information activities or any of persons brought in this determination;

control of group of persons which exercises control of any of persons brought in this determination;

the software package - the list of teleradio programs which the provider of program service offers subscribers on a contract basis as complete information service;

transfer (telebroadcast) - it is informative complete part of the program (teleradio program) which has the corresponding name, broadcasting amount, author's sign, it can be used irrespective of other parts of the program and is considered as complete information product;

broadcasting - production, completing and distribution of audiotransfers (audioprograms) with use of radio-frequency resource which are accepted by any number of receivers;

the connected persons with the subject of information activities in the field of television and broadcasting - persons having essential participation in the subject of information activities in the field of television and broadcasting, heads, affiliates of the subject of information activities in the field of television and broadcasting; persons having essential participation in affiliates of the subject of information activities in the field of television and broadcasting, members of the family (the husband, the wife, children and parents, the stepmother and the stepfather, brothers, sisters and their children, husbands and wives) of owners of the subject of information activities in the field of television and broadcasting, legal entities in whom the physical persons stated above are heads or owners of essential participation; studio vendor with which the subject of information activities in the field of television and broadcasting within calendar year it is performed economic activities for the total amount exceeding 50 million hryvnias (excluding tax on value added);

provider of program service - subject of managing which based on the license granted by National council of Ukraine concerning television and broadcasting on a contract basis gives to subscribers opportunity of viewing of software packages, using resources of multichannel television networks for transfer of these programs;

wired network - the complex of the constructions combined in single engineering procedure and technical means intended for broadcast of one or several radio programs in the artificial closed circle (wire);

the program (teleradio program) - the set of transfers (telebroadcasts) combined by the single creative concept having the permanent name and broadcast by the teleradio organization for certain broadcasting schedule;

program service - forming of software packages and providing to subscribers of possibility of their viewing on a contract basis;

the program concept of broadcasting - the annex to the license for broadcasting which determines the main informative characteristics of broadcasting according to requirements of this Law;

forward translation - direct broadcasting TV or broadcasts without making an appointment and mounting;

the public company - the legal entity created in the form of public joint stock company which shares are included in stock exchange lists (underwent the procedure of listing) stock exchanges which answer the criteria determined by the National Bank of Ukraine. It is considered that the public company has no persons which have essential participation, exercise over it control, and such is that has no final beneficial owner (controller);

relaying - acceptance and simultaneous transfer, irrespective of the used technical means, complete and invariable teleradio programs or essential parts of such programs broadcast by the broadcaster;

the schedule of broadcasting of the teleradio organizations - open information of the teleradio organizations on which copyright, does not expatiate on the sequence of broadcast and timing of telebroadcasts during the certain designated interval of time;

broadcasting schedule - the document containing list, the sequence, the name, time of broadcast TV or radio programs, TV or broadcasts and displaying main directions of the program concept of broadcasting to the specific period;

system of collective acceptance - the equipment complex providing within one house possibility of acceptance TV or radio programs by means of household receiving means without restriction of opportunity in the choice of programs without the right of the subsequent distribution of these programs and receipt of license fee;

social TV and radio broadcasting - transfers or programs of educational, educational and help nature, transfer for blind people, deafs, people with the weakened hearing, and also programs and transfers on problems of ecological education;

structure of property - system of relations of legal entities and physical persons that allows to determine:

all owners, participants, shareholders of the subject of information activities in the field of television and broadcasting (the teleradio organization or provider of program service), including beneficial owners (controllers), and in case of their absence - all owners, participants, shareholders of the subject of information activities in the field of television and broadcasting and all physical persons and owners, participants, shareholders of legal entities at all levels of chain of ownership of corporate laws of the subject of information activities in the field of television and broadcasting (except the public companies);

all persons having direct or indirect essential participation in the subject of information activities in the field of television and broadcasting;

all key members of each legal entity who is present at chain of ownership of corporate laws of such subject of information activities in the field of television and broadcasting;

the control relations concerning the subject of information activities between all persons specified in paragraphs second and third this determination;

the subject of information activities in the field of television and broadcasting - the legal entity performing economic activity in the field of television and broadcasting (the teleradio organization, provider of program service, etc.);

Public television and broadcasting of Ukraine form of business of public service television and broadcasting which principles of activities are determined by the Law of Ukraine "About system of Public television and broadcasting of Ukraine";

studio vendor (the independent producer) - the subject of managing who is engaged in creation (production) of movies, the advertizing separate TV and/or broadcasts or programs;

the sublease of broadcast channel - legally drawn up or hidden concession of the broadcasting determined by the license for broadcasting by the channel (time) to other legal entity or physical person, including the systematic relaying of programs and transfers of other teleradio organizations which is not provided by license conditions (the program concept of broadcasting);

television (telecasting) - production of audiovisual programs and transfers or completing (packaging) of the acquired audiovisual programs and transfers and their distribution irrespective of technical means of distribution which are accepted by any number of persons;

the teleradio organization - the legal entity registered in the procedure established by the legislation who based on Ukraine issued by National council concerning television and broadcasting of the license for broadcasting creates or completes and/or packs teleradio programs and/or transfers and extends them by means of technical means of broadcasting;

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 40000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.