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LAW OF UKRAINE

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

About the state support of mass media and social protection of journalists

(as amended on 17-06-2020)

This Law determines the legal, economic, organizational principles of the state support of mass 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 mass media - set of legal, economic, social, organizational and other measures of the state assistance to strengthening and development of information industry, its infrastructure;

state media:

a) the state TV and broadcasting organization (article 12 of the Law of Ukraine "About television and broadcasting");

b) the state news agency (articles 7 and 8 of the Law of Ukraine "About news agencies");

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

utility mass media - audiovisual (electronic) the mass media created by local government body or local government body together with local public administration as the founder (cofounder) based on or with the participation of utility property and the corresponding financing from the local budget and the charter (the program purposes, the program concept) which editorial offices (legal entity) provides, in particular, informing citizens on activities of this body and the supreme bodies of the government;

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

district, city, gorrayonny TV and radio broadcasting - TV and the broadcasting performed utility district, city or gorrayonny (general for the area and the city) the TV and broadcasting organizations;

the journalist - the creative specialist who professionally collects receives, creates and is engaged in preparation of information for mass media, fulfills editorial and official service duties in mass media (in the state or on the non-staff beginnings) according to professional job titles (work) of the journalist which are specified in the state qualifier of professions of Ukraine;

mass media of advertizing nature - mass media in which advertizing exceeds: 40 percent of amount of one number of the printing edition, 15 percent - the total amount of broadcasting of the TV and radio organization;

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

cost of production of one copy of the subscription edition - any direct material and general production expenses connected with creation of printing periodic mass media (editions) without chromaticity of seal of the edition and expenses on registration of subscription, delivery to subscribers of printing periodicals 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 mass media operating according to the Constitution of Ukraine irrespective of their ideological and political orientation and from patterns of ownership, except the mass media specified in part three of this Article.

Regulations of this Law extend also to the teleradio centers and the companies of polygraphy and communication in that measure as far as they provide activities of these mass media.

Regulations of the state support are not applied to mass media:

advertizing nature;

erotic nature;

founded with the assistance of legal entities or physical persons which field of activity includes production and supply of paper, the printing equipment, technical means of broadcasting;

founded in Ukraine by the international organizations or with the assistance of legal or physical persons of other states, stateless persons;

in which more than 50 percent of total amount of release make materials of foreign mass media.

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

Ensuring realization of regulations of this Law, including determination of procedure for regulation and rendering the state support to mass media, introduction for this purpose of the corresponding rates and creating favorable conditions of development, 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 mass media

Article 3. Bases and conditions of rendering the state targeted support to mass media

The state targeted support is given only to mass media for children and youth for persons with disability, to the specialized scientific publications published by scientific institutions and educational institutions not below the third level of accreditation and the mass media which are purposefully promoting development of languages and cultures of ethnic minorities of Ukraine, and also periodicals of the literary and art direction.

The state support of mass media stops in case of establishment of violations by court by mass media of requirements of the Constitution of Ukraine, the facts of the abuse of freedom of activities of mass media causing material and moral damage to legal entities and physical persons. Renewal of the state support perhaps only after execution of the judgment in full and not earlier than in year after its termination";

Article 4. Organization of financial and economic and other state support of mass media

The state support of mass 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:

additional economic support (grant) to district, city and gorrayonny TV and radio broadcasting;

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