Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of December 20, 2007 No. 13-rp/2007

On case on the constitutional representation of 60 People's Deputies of Ukraine on official interpretation of provisions of part two of article 14 of the Law of Ukraine "About cinematography" (case on distribution of foreign movies)

NAME OF UKRAINE

Constitutional court of Ukraine consisting of judges:

Strizhak Andrey Andreevich - the chairman

Brintsev Vasily Dmitriyevich

Golovin Anatoly Sergeyevich

Dzhunya Vyacheslav Vasilyevich

Didkivsky Anatoly Aleksandrovich

Dombrovsky Ivan Petrovich

Kamp Vladimir Mikhaylovich

Mikhail Ivanovich's ear

Lilak Dmitry Dmitriyevich

Markush Maria Andreevna

Machuzhak Yaroslava Vasilyevna

Ovcharenko Vyacheslav Andreevich

Stetsyuk Pyotr Bogdanovich - the speaker

Tkachuk Pavel Nikolaevich

Shishkin Victor Ivanovich

with the assistance of the representative of the person of law on the constitutional representation Klyuchkovsky Yury Bogdanovich - the People's Deputy of Ukraine, the Permanent representative of the Verkhovna Rada of Ukraine in the Constitutional Court of Ukraine Selivanov Anatoly Aleksandrovich, representatives of the President of Ukraine Bystrushkin Alexander Pavlovich and Solodky Rostislav Dmitriyevich, the Permanent representative of the Cabinet of Ministers of Ukraine in the Constitutional Court of Ukraine Nimchenko Vasily Ivanovich, the representative of the Ministry of Culture and tourism of Ukraine and Public service of cinematography Chmil Anna Pavlovna

N9/98-BP considered at plenary meeting case on the constitutional representation of 60 People's Deputies of Ukraine on official interpretation of provisions of part two of article 14 of the Law of Ukraine "About cinematography" of January 13, 1998 (Sheets of the Verkhovna Rada of Ukraine, 1998, N 22, the Art. 114).

The constitutional representation of 60 People's Deputies of Ukraine became reason for consideration of the case according to article 39 of the Law of Ukraine "About the Constitutional Court of Ukraine".

The basis for consideration of the case according to article 93 of the Law of Ukraine "About the Constitutional Court of Ukraine" is practical need for examination and official interpretation of provisions of part two of article 14 of the Law of Ukraine "About cinematography".

Having heard the judge-speaker Stetsyuk of the Item B., Klyuchkovsky Yu. B. explanation., Selivanova A. O., Bystrushkina O. P., Solodkogo R. D., Nimchenko V. I., Chmil G. P. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation - 60 People's Deputies of Ukraine - appealed to the Constitutional Court of Ukraine with the petition to give official interpretation of provisions of part two of article 14 of the Law of Ukraine "About cinematography" (further - the Law).

Authors of the petition prove need for official interpretation by availability of ambiguity and uncertainty in understanding and "doubtful practical application" of part two of article 14 of the Law which establishes procedure for distribution and demonstration of foreign movies in Ukraine.

According to part two of article 14 of the Law foreign movies before distribution in Ukraine shall be without fail duplicated or dubbed or subtitrirovana by state language, they can be also duplicated or sounded or subtitrirovana by languages of ethnic minorities. People's Deputies of Ukraine consider that in this regulation the legislator uses different formulations of obligatory duplication or scoring or subtitling by state language of foreign movies in Ukraine and possibility of duplication or scoring or subtitling by languages of ethnic minorities.

The person of law on the constitutional representation raises the question whether foreign movies if they are not duplicated can extend in Ukraine, are not sounded or not subtitrirovana Ukrainian, at the same time noting distribution of practice of the edition of the state certificates on the diffusion right and demonstrations of foreign movies which are not duplicated, also not subtitrirovana are not sounded by state language.

2. The line items concerning subject of the constitutional representation on requests of the Constitutional Court of Ukraine expressed the President of Ukraine, the Cabinet of Ministers of Ukraine, the Ministry of Culture and tourism of Ukraine, Public service of cinematography, National union of cinematographers of Ukraine, Institute of Ukrainian of National academy of Sciences of Ukraine, the Kiev national university of theater, cinema and television of name I.K. Karpenko-Kary, Lviv national university of Iván Franco, National legal academy of Ukraine of Yaroslav the Wise.

3. During the plenary meeting of the Constitutional Court of Ukraine the representative of the person of law on the constitutional representation supported the petition stated in the constitutional representation, and representatives of the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine, the Ministry of Culture and tourism of Ukraine, Public service of cinematography respectively confirmed line items of those bodies what they represented, and supported line item of the person of law on the constitutional representation - 60 People's Deputies of Ukraine.

4. Constitutional court of Ukraine, resolving the questions raised in the constitutional representation, leaves the following.

4.1. According to the Constitution of Ukraine Ukraine is the sovereign and independent, democratic, social, constitutional state (Article 1); human rights and freedoms and their guarantees determine content and orientation of activities of the state (Article part two 3); state language in Ukraine Ukrainian is, the state provides its all-round development and functioning in all spheres of public life in all territory of Ukraine (parts one, the second Articles 10); in Ukraine free development, use and protection of Russian, other languages of ethnic minorities of Ukraine is guaranteed (Article part three 10). The state promotes consolidation and development of the Ukrainian nation, her historical consciousness, traditions and cultures, and also to development of ethnic, cultural, language and religious identity of all indigenous people and ethnic minorities of Ukraine (article 11 of the Constitution of Ukraine.

4.2. Application of languages in Ukraine is guaranteed by the Constitution of Ukraine and determined by the law (part five of article 10 of the Constitution of Ukraine.

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 50000 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 SoyuzPravoInform LLC.