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Action of the document is cancelled since May 21, 2017 according to the Order of the Cabinet of Ministers of Ukraine of March 10, 2017 No. 169-r

It is registered

Ministry of Justice of Ukraine

June 4, 2003

No. 436/7757

ORDER OF THE MINISTRY OF EDUCATION AND SCIENCE OF UKRAINE

of May 21, 2003 No. 311

About approval of the Accounting treatment for the organizations of collective management and implementation of supervision of their activities

(as amended on 16-02-2016)

According to the Law of Ukraine "About copyright and the related rights" and in execution of the order of the Cabinet of Ministers of Ukraine of 08.05.2003 No. 24973 of PRIKAZYVAYU:

1. Approve the Accounting treatment for the organizations of collective management and implementation of supervision of their activities (further - the Procedure) which is applied.

2. Assign to State department of intellectual property of the Ministry of Education and Science of Ukraine (further - GDIS) function of implementation of accounting of the organizations of collective management and implementation of supervision of their activities.

3. Declare invalid the order of the Ministry of Education and Science of Ukraine of 08.02.2002 No. 81 "About approval of the Accounting treatment for the organizations of collective management", No. 253/6541 registered in Ministry of Justice 14.03.2002.

4. To the organizations of collective management registered according to the Accounting treatment for the organizations of the collective management approved by the order of the Ministry of Education and Science of Ukraine of 08.02.2002 No. 81, in two-month time from the effective date About to bring the documents into accord with Procedure and to file the documents provided by this Procedure to GDIS.

5. Give GDIS in accordance with the established procedure the specified Procedure on state registration to the Ministry of Justice of Ukraine.

6. To impose control of execution of the order on the chairman of GDIS.

Vr.i.o. minister

V. S. Zhuravsky

Approved by the Order of the Ministry of Education and Science of Ukraine of May 21, 2003, No. 311

Accounting treatment for the organizations of collective management and implementation of supervision of their activities

1. This Procedure determines accounting procedure of the organizations by the created subjects of copyright and (or) the related rights exercising control on collective basis of property rights of subjects of copyright and (or) the related rights, and the state organizations exercising control on collective basis of property rights of subjects of copyright and (or) the related rights (further the organizations of collective management), and also determines the procedure of implementation of supervision of their activities.

2. Accounting of the organizations of collective management and supervision of their activities are exercised by Public service of intellectual property of Ukraine (further - Public service).

Items 3 - 7 are excluded according to the Order of the Ministry of Economic Development and Trade of Ukraine of 16.02.2016 No. 243/126, with respect thereto Items 8-11 to consider respectively Items 3 - 6

3. Information on the registered organizations of collective management is displayed in the register (appendix 1).

4. Public service exercises supervision of organization activity of collective management according to the legislation.

The organizations shall not cause obstacles in accomplishment of functions of supervision by Public service and shall provide to Public service information necessary for implementation of supervision in such terms:

a) about the conclusion of bilateral or multi-lateral agreements with other organizations of collective management, including foreign (appendix 2), and about management of property rights of subjects of copyright and (or) the related rights, including persons who did not transfer the organization collective control of appropriate authority (appendix 3) - once in half a year (till August 1, till February 1);

b) about changes which are made to articles of organization, - within five working days after registration of introduction of corresponding changes according to the legislation;

c) about the conclusion of agreements of management of property rights of subjects of copyright and (or) the related rights - once in half a year (till August 1, till February 1) (appendix 4);

d) about results of audit inspections it is reported no later than five working days after execution of the conclusion of check;

1) information on the year balance, the annual statement on form according to the legislation - till March 20, the next year for reporting;

e) about persons, representatives to represent the organization, - within 10 working days every time when election (appointment) or dismissal takes place.

Information obtained in case of accomplishment of functions of supervision cannot be promulgated without the consent of the organization, except the cases provided by the current legislation. For violation of these requirements responsibility according to the current legislation is provided.

5. For violation of requirements of the legislation of Ukraine in the sphere of copyright and (or) the related rights, including this Procedure, the decision of Public service to the organization of collective management applies the following sanctions:

prevention;

temporary ban (stop) of the right of the organization of collective management on the conclusion of agreements on collection of remuneration or agreements on provision of permission to use of objects of copyright and (or) the related rights for a period of up to three months;

removal from accounting.

The prevention is provided by Public service to the organization of collective management in the form of the written message with indication of violations. The organization which received the prevention shall eliminate the specified violations in the time established in the prevention what in writing to report to Public service about.

In case of failure to carry out or the inadequate fulfillment of requirements specified in the prevention of Public service the temporary ban (stop) of the right of the organization of collective management on the conclusion of agreements on collection of remuneration or agreements on provision of permission to use of objects of copyright and (or) the related rights for a period of up to three months is applied to the organization.

In case of continuation of violation of requirements of the legislation in the sphere of copyright and (or) the related rights after application of the sanctions provided by this Item of the Procedure in the form of the prevention and temporary prohibition (stop) Public service makes the decision on removal of the organization from accounting of the organizations of collective management.

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