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The resolution of December 6, 1997 No. 10-10 is accepted at the tenth plenary session of Inter-parliamentary Assembly of the State Parties of the CIS

MODEL LAW

About creative specialists and the creative unions

This Law is the special act for determination and regulation of legal relationship of the state with creative specialists of literature and art, and also for creation, activities, reorganization and liquidation of their creative unions.

Purpose of this model law: provide legal guarantees for development of spiritual capacity of the State Parties of the CIS, promote enhancement of activities of professional and creative associations of masters of culture for the benefit of development of literature and art, preserving art schools and traditions, expansion of international backgrounds in the field of culture, increase in prestige of creative professions in society, protection of the rights of their carriers to free self-expression, on legal, material, social and other guarantees of constitutional rights taking into account specifics of their activities.

Provisions of this model law proceed from the principle of voluntariness of participation in the creative unions and do not infringe at the rights of the creative specialists who are not entering such associations, working and which are not working on hiring.

The state promotes cultural development and creation of the conditions necessary for activities of all creative specialists, legislative, budget, tax and social policy, guarantees them the social rights provided by Constitutions of the State Parties of the CIS. Considering role of the creative unions in cultural development, the state provides the conditions and privileges promoting accomplishment of the functions by them.

According to the Constitution of each state of the Commonwealth, the current legislation, rules of international law, and also with specifics of the creative unions, this act affirms their right to independent regulation of questions of internal life only under charters of these associations.

Chapter 1. General provisions

Article 1. Regulation subject

Subject of regulation of this model law is legal status of the creative specialist and the creative union, procedure for creation, activities, reorganization and liquidation of such public associations, their legal relationship with the state, employers, other public associations, legal entities and physical persons.

Article 2. Coverage

This model law extends to creative specialists, all types and forms of the creative unions and their regional organizations (departments), and also to the non-profit organizations created by the creative unions operating in the State Parties of the CIS.

Article 3. Basic concepts

For the purposes of this model law the terms provided below have the following value:

the creative specialist - physical person, the subject of author's related or labor right, whose professional creative activity is directed to creation or interpretation (transfer) of the literary work and art what by method or in what form they would not be expressed;

the creative union - type of professional and creative public organization of creative specialists of one or several areas of the culture created on the basis of their individual membership.

Chapter 2. Creative specialists

Article 4. Procedure for recognition of the status of the creative specialist

The status of the creative specialist - the member of the creative union is confirmed by this union according to its statutory documents.

The status of the creative specialist who is not consisting in the creative unions, working or not working on hiring is confirmed by the professional certificate issued by the special Commission of experts created in each of the states of the Commonwealth.

The basis for receipt of such certificate are results of professional creative activity of the candidate (the publication, promulgation, execution, representation, exhibition).

Article 5. Social and labor status of creative specialists

Creative specialists can be as the hired employees which are not working on hiring (persons of liberal professions).

Creative activities are not business activity and do not require official registration as individual entrepreneurship.

Compulsory national social and medical insurance, provision of pensions of the creative specialists who are not working on hiring is made according to the procedure of and on the terms of special regulation in the corresponding legal acts.

Special regulation is performed by adoption of regulations by state bodies in coordination with the creative unions. The same acts establish payment procedure of compulsory insurance premiums for creative specialists.

Chapter 3. Creative unions

Article 6. Types and status of the creative unions

In the State Parties of the CIS the national, regional and local creative unions are created and are effective.

The creative union which authorized purposes and tasks have national nature is recognized nationwide, and activities are performed in all territory of the state.

The creative unions which do not have departments outside one of subjects of the state are recognized regional (edges, areas, the cities, etc.).

The local creative unions the creative unions which charters are registered the relevant local authorities of justice are recognized.

The relations of the creative unions with foreign partners, in particular, with the international creative organizations, are regulated by contracts between them, the national legal system, and also international treaties of the State Parties of the CIS.

The creative unions according to their charters can enter creative international public organizations, support direct international contacts, sign agreements with foreign non-commercial, non-governmental associations, have the branches and departments abroad according to the existing national legal system and international treaties.

Article 7. Membership in the creative union

The creative specialist (the citizen of the relevant state of the Commonwealth, the foreign citizen or the stateless person) answering to the criteria established by the Charter of the creative union has the right of the accession to the creative union.

Requirements imposed by the charter of the creative union to candidates and members shall not restrain political, property, author's and other rights of citizens, shall assist consolidation in its list of the most skilled representatives of the corresponding creative professions, stimulate their professional and creative growth.

Conditions and procedure for acceptance in candidates and members of the creative union, including their founders, and also exit and exception of it it is determined by the Charter of the creative union.

Article 8. Rights of the creative unions

For implementation, national tasks of cultural development, support and development of talents the creative union has the following rights.

In nation-wide and rule-making activities has the right:

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