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LAW OF UKRAINE

of November 20, 2003 No. 1296-IV

About protection of public morals

(as amended on 18-02-2021)

This Law establishes the legal basis of protection of society against distribution of products which are negatively influencing public morals.

Article 1. Determination of terms

In this Law the stated below terms are used in the following value:

spectacular action of sexual nature - public display in any form of products of sexual nature and (or) scenic actions which purpose is the embodiment of sexual actions;

state regulation and control of turnover of products, negatively influencing public morals, - determination by the law and regulatory legal acts of procedure and conditions of turnover of the corresponding products adopted on its basis and control of it, development of legal mechanisms and establishment of the rights and obligations of public authorities, local government bodies, organizations and organizations of all patterns of ownership for ensuring protection of public morals;

child pornography - the image in any manner the child or person who looks as the child, in the real or simulated frankly sexual image and/or involved in real or the simulated frankly sexual behavior, or any image of genitals of the child in the sexual purposes;

the product circulation of sexual nature - production (production), storage, advertizing, distribution of such products in any form, making concerning it any transaction, import, export and transit through the territory of Ukraine, mail transfer of products of sexual nature;

pornography - vulgar and naturalistic, cynical, indecent fixing of sexual intercourses, self-sufficing, special demonstration of genitals, anti-ethical scenes of sexual intercourse, sexual perversions, sketches about natures which do not correspond to moral criteria offend honor and advantage of the person, inducing low instincts;

products of erotic nature - any material objects, objects, printing, audio-, the video production, including advertizing, messages and materials, the products of mass media, electronic mass media containing information of erotic nature, aiming at achievement of esthetic effect, oriented on adult population and which are not causing low instincts in audience, not being offending;

products of pornographic nature - any material objects, objects, printing, audio-, video production, including advertizing, messages and materials, products of mass media, electronic mass media which content is the detailed image of anatomic or physiological details of sexual actions or containing information of pornographic nature;

products of sexual nature - any material objects, objects, printing, audio-, video production, including advertizing, messages and materials, products of mass media, electronic mass media intended for satisfaction of sexual needs of the person;

specialized mass media - the periodic printing edition, radio - TV, video programs, other form of distribution of mass information, including on electronic media, materials and which message in general and systematically take up questions of sex or use sexual subject as the leader;

specially certain place - the territory or the room allocated for advertizing, distribution of products or holding spectacular actions of sexual nature with decent external design, the most remote from places of mass rest, educational institutions for minors, historical and cultural monuments, sacral and ritual objects, military units;

public morals - system of ethical standards, the rules of conduct which developed in society on the basis of traditional cultural and cultural values, ideas of good, honor, advantage, social duty, conscience, justice.

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

Article 2. General provisions

Production and turnover in any form of products of pornographic nature in Ukraine are prohibited. Criteria of reference of products to having pornographic nature are established by the central executive body providing forming of state policy in the field of culture.

Production and turnover in any form of products of erotic nature and products containing elements of violence and cruelty are permitted only on condition of observance of the restrictions set by the legislation.

Are prohibited production and distribution of products which:

propagandizes war, race and religious strife, change by violence of the constitutional system or territorial integrity of Ukraine;

propagandizes fascism and neo-fascism;

degrades or offends the nation or the personality on national sign;

propagandizes fanaticism, blasphemy, disrespect for national and religious shrines;

degrades the personality, is manifestation of mockery concerning physical defects (mutilation), over the insane, elderly people;

propagandizes ignorance, disrespect for parents;

propagandizes drug addiction, toxicomania, alcoholism, tobacco smoking and other addictions.

Article 3. Legislation on protection of public morals

Legal basis of Ukraine about protection of morality in society is constituted by the Constitution of Ukraine, this Law, other laws and regulatory legal acts about protection of public morals, the universally recognized norms and the principles of international law and international treaties of Ukraine.

Article 4. Law coverage

Operation of the Law extends to activities of public authorities, local government bodies regarding state regulation and control of turnover of products of sexual or erotic nature, to activities of organizations and organizations of all patterns of ownership, legal entities and citizens in the field of turnover of the corresponding products in the territory of Ukraine, and also beyond its limits if subjects of legal relationship are the citizens of Ukraine and legal entities registered according to the current legislation of Ukraine.

Operation of this Law does not extend to production or distribution of documentary materials, works of art of literature, art and culture which are recognized as classical or world art, on turnover of scientific, popular scientific, publicistic, educational materials concerning floor and sex and products of sexual nature of medical appointment.

Article 5. The main directions of state regulation of turnover of the information products which are negatively influencing public morals

Content of state policy in the field of protection of public morals is creation of the necessary legal, economic and organizational conditions promoting realization of the right to information space, free from materials which pose threat to physical, intellectual, moral and psychological condition of the population.

The main directions of state regulation of turnover of the information products influencing public morals are:

forming of single complex system of ensuring protection of moral bases and approval of healthy lifestyle in the field of information activities, education and culture;

non-admission of promotion in electronic and other mass media of cult of violence, cruelty, distribution of pornography;

introduction of expert evaluation of video, audio-, printing information and information on electronic media, development of mechanisms and techniques of its reference to such which does harm to public morals;

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