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LAW OF UKRAINE

of September 23, 1997 No. 540/97-BP

About the state support of media, guarantees of professional activity and social protection of the journalist

(as amended on 13-12-2022)

This Law determines the legal, economic, organizational principles of the state support of media and social protection of journalists.

As the component of the legislation of Ukraine on freedom of expression and information activities this Law strengthens system of legal regulation in the information sphere.

Section I. General provisions

Article 1. Concepts and terms

The basic concepts and terms which are used in this Law have the following value:

the state support of subjects in the field of media - set of legal, economic, social, organizational and other measures of the state assistance to strengthening and development of information industry, its infrastructure;

Paragraphs third – the fifth are excluded according to the Law of Ukraine of 13.12.2022 No. 2849-IX

The paragraph of the sixth is excluded according to the Law of Ukraine of 24.12.2015 No. 917-VIII;

The paragraph of the seventh is excluded according to the Law of Ukraine of 13.12.2022 No. 2849-IX

The paragraph of the eighth is excluded according to the Law of Ukraine of 24.12.2015 No. 917-VIII;

The paragraph the ninth is excluded according to the Law of Ukraine of 13.12.2022 No. 2849-IX

the journalist - the creative specialist of the subject in the field of media which professionally collects receives, creates, edits, extends and provides preparation of information for media. The status of the journalist is confirmed by the document issued by the subject in the field of media, the trade or creative union of journalists. The document confirming the status of the journalist shall contain the name and type of media, the identifier in the Register of subjects in the field of media or the name of the trade or creative union, photo, surname, name and the journalist's middle name, document number, date of issue and term of its action, the signature of person which issued the document;

media of advertizing nature – media in which advertizing exceeds 40 percent of amount of one number printing media or 15 percent of total amount of broadcasting of TV channel or radio channel;

media of erotic nature - media in which interest in sex is systematically operated and the sexual subject is the leader;

cost of production of one copy subscription printing media - any direct material and general production expenses connected with creation printing media without chromaticity of seal and expenses on registration of subscription, delivery to subscribers or any other expenses of the distributor.

Other concepts and terms are used in this Law in the values determined by the legislation of Ukraine.

Article 2. Law coverage

The regulations of the state support determined by this Law are applied to all subjects in the field of media acting according to the Constitution of Ukraine irrespective of pattern of ownership, except the media specified in part three of this Article.

Regulations of the state support of subjects in the field of media which are not applied:

extend media advertizing nature;

extend media of erotic nature;

based in Ukraine by the international organizations or with participation of legal entities or physical persons of other states, stateless persons;

extend media in which more than 50 percent from the total amount of release make materials of foreign media.

Regulations of social protection according to this Law are applied to journalists and in the limits determined by individual clauses, equated to them other creative specialists of the specified subjects in the field of media.

Ensuring realization of regulations of this Law, in particular, determination of procedure for regulation and provision of the state support to subjects in the field of media, introduction with the specified purpose of the corresponding rates, development creating favorable conditions, introduction of technique and procedure for salary adjustment, labor protection and social protection of journalists, implementation of other measures, is assigned to the Cabinet of Ministers of Ukraine.

Section II. Main directions and forms of the state support of media

Article 3. The bases and conditions of provision of the state targeted support to subjects in the field of media

The state targeted support is provided only to subjects in the field of media which extend media for children and youth, for persons with disability, specialized scientific printed media which are published by scientific institutions and institutions of higher education, media, purposefully promote development of languages and cultures of ethnic minorities and indigenous people of Ukraine, and also printing media of the literary and art direction.

The state support of the subject in the field of media stops in case of establishment of violations by court appropriate subject of requirements of the Constitution of Ukraine, the facts of abuse of freedom of the activities of media doing material and moral harm to legal entities and physical persons. Renewal of the state support is possible only after execution of the judgment in full and not earlier than in year after its termination.

Article 4. The organization of financial and economic and other state support of subjects in the field of media

The state support of subjects in the field of media is performed by protectionist policy of decrease in consumable cost of information products, including fiscal, tariff, customs, currency and economic regulation, indemnification, financial assistance.

Means, necessary for financial aid, are determined in the Government budget of Ukraine separately and serviced by the central executive body which realizes state policy in the field of treasurer servicing of budgetary funds.

The means determined for financial aid are used for the purpose of provision:

The paragraph two is excluded according to the Law of Ukraine of 13.12.2022 No. 2849-IX

financial aid to the subjects in the field of media determined by article 3 of this Law;

economic support to the teleradio centers, printing companies and telecommunications agencies according to requirements of article 2 of this Law.

Distribution of the means specified in part two of this Article is performed by the Cabinet of Ministers of Ukraine.

Article 5. Fiscal, customs, currency, tariff regulation

From the value added tax transactions on sale (subscription) and delivery (at all its stages - from edition to subscriber) printing media of national production are exempted according to the Tax code of Ukraine.

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