Law of Ukraine
"On Public Television and Radio Broadcasting of Ukraine"
Date of entry into force:
May 15, 2014
The Law creates legal foundations for the work of the Pubic Television and Radio Broadcasting of Ukraine, and determines the work principles of the National Public TV and Radio Company of Ukraine.
In order to satisfy the information needs of the society, involve citizens in discussion and resolution of the most important sociopolitical issues, and facilitate formation of the civil society, the Public Television and Radio Broadcasting of Ukraine is created (Article 1 of the Law). To ensure gradual and consistent development of the Public Television and Radio Broadcasting of Ukraine, the Cabinet of Ministers of Ukraine creates the National Public TV and Radio Company of Ukraine (hereinafter referred to as "NPTRCU"), a legal entity under public law, created on the basis of the National Television Company of Ukraine, the National Radio Company of Ukraine, "Ukrainian Television and Radio Broadcasting World Service" State Television and Radio Company, "Culture" State Television and Radio Company, regional state television and radio companies, "Crimea" State Television and Radio Company, the Kyiv State Television and Radio Company, the Sevastopol Television and Radio Company, and "Ukrtelefilm" Ukrainian Television Film Studio, which are being reorganized.
According to Article 3 of the Law, the work of NPTRCU is carried out based on the principles of:
- comprehensive, objective and balanced reporting about socially significant events in Ukraine and abroad;
- observing the norms of social morality, traditions and culture of the Ukrainian People, propagating family values and strengthening the role of the traditional family in development of the Ukrainian society;
- priority of social interests over commercial and political ones;
- clear segregation of facts from commentaries and opinions;
- free expression of views, thoughts and beliefs;
- independence of management and day-to-day activity from state authorities, bodies of local self-government, their officials and officers, political parties, companies, institutions, organizations, and natural persons;
- community participation in management and creation of program policies;
- lack of discrimination on any grounds;
- transparent and open work.
Interference of state authorities, bodies of local self-government, their officials and officers, or non-governmental organizations into the work of NPTRCU with the purpose of censorship, prior censorship and unlawful influence on the media content distributed by the Public Television and Radio Broadcasting of Ukraine is forbidden.
The main tasks of NPTRCU are determined by Article 4 of the Law.
The structural units of NPTRCU are the Public Television and Public Radio. Public Television broadcasts in two national channels: the sociopolitical channel, and the culture and education channel. Public Radio broadcasts on a minimum of three national radio channels: sociopolitical channel, culture and education channel, youth channel, and others (Article 5 of the Law).
Article 6 of the Law envisages that the NPTRCU statute is approved by the Cabinet of Ministers of Ukraine.
According to Article 7 of the Law, the work of NPTRCU is supervised by the NPTRCU Supervisory Board, acting within the scope of authority determined by the Law and the NPTRCU Statute. The NPTRCU Supervisory Board:
- determines the main work directions of NPTRCU, approves the editorial statute and controls its execution;
- competitively elects the members and the chairman of the NPTRCU Board of Directors, for a term of four years, makes decisions to terminate their authority early, elects the members and the head of the NPTRCU Revision Commission, makes decisions to terminate their authority;
- elects, from among its members, the head, the deputy head, and the secretary of the NPTRCU Supervisory Board, and makes decisions to terminate their authority;
- adopts the provision on the NPTRCU Revision Commission, other internal documents according to the NPTRCU Statute, and makes amendments to them;
- adopts the annual report of the NPTRCU work, provides for its public disclosure;
- makes decisions to create, reorganize, or liquidate subsidiary legal entities of NPTRCU;
- creates and liquidates community boards and other consultative bodies, determines the procedure for their work, forms their membership;
- prepares proposals for improvement of the normative and legal regulation of NPTRCU and submits them to appropriate state authorities;
- fulfills other rights and obligations provided for by the Law and the NPTRCU Statute.
The NPTRCU Supervisory Board cannot interfere with day-to-day business activity of the NPTRCU Board of Directors.
According to Article 8 of the Law, the NPTRCU Supervisory Board includes one representative from each deputy faction and group in the Verkhovna Rada of Ukraine of the current convocation, and 9 members from Ukrainian national community associations whose main type of activity is carried out:
- in the sphere of education;
- in the sphere of science;
- in the sphere of physical education and sports;
- in the sphere of journalism;
- in the sphere of human rights protection;
- in the sphere of protection of interests of children and youth;
- in the creative sphere;
- in the sphere of local self-government;
- in the sphere of protection of rights of persons with special needs.
Representatives can be delegated to the NPTRCU Supervisory Board by Ukrainian national community associations that have been working in their respective sphere for a minimum of three years, include members who are distinguished in their respective field, and work actively. The term of authority of the NPTRCU Supervisory Board members is 4 years. The same person cannot be member of the NPTRCU Supervisory Board for more than two consecutive terms, irrespective of the length of such terms. Members of the NPTRCU Supervisory Board exercise their authority free of charge.
Requirements to a member of the NPTRCU Supervisory Board are established by Article 9 of the Law.
Article 10 of the Law determines the grounds for terminating the authority of a member of the NPTRCU Supervisory Board.
The organizational work form of the NPTRCU Supervisory Board is a session. Sessions of the NPTRCU Supervisory Board are held as required, but at least once per quarter. Extraordinary sessions of the NPTRCU Supervisory Board are called on demand of the head of the NPTRCU Supervisory Board or at least one third of its members, the Board of Directors, or the NPTRCU Revision Commission (Article 11 of the Law).
The executive body of NPTRCU is the Board of Directors (Article 12 of the Law). The NPTRCU Board of Directors:
- manages the day-to-day work of NPTRCU;
- develops proposals for the NPTRCU financial plan draft;
- organizes for implementation of decisions of the NPTRCU Supervisory Board;
- fulfills other rights and obligations provided for by law and the NPTRCU Statute.
The NPTRCU Board of Directors is headed by the chairman, who:
- organizes the work of the Board of Directors and presides at its sessions;
- executes legal documents on behalf of NPTRCU;
- selects NPTRCU staff, forms staffing reserve for appropriate positions, organizes work related to training, retraining and advanced training of NPTRCU employees;
- acts on behalf of NPTRCU without a power of attorney, within the limits established by the NPTRCU Statute;
- fulfills other rights and obligations provided for by law and the NPTRCU Statute.
According to Article 13 of the Law, the Revision Commission is a NPTRCU body that controls the financial and economic work of the NPTRCU Board of Directors. In the course of controlling the financial and economic work of the NPTRCU Board of Directors, the Revision Commission verifies and inspects:
- reliability of data contained in the annual financial reports of NPTRCU;
- appropriate keeping of financial, tax and statistical accounting and reporting;
- timely and correct reflection of all financial operations in financial accounting, according to the established regulations and procedures;
- abidance of the NPTRCU Board of Directors to their authority in terms of managing the NPTRCU property and carrying out financial operations on behalf of NPTRCU;
- timely and correct payments on the NPTRCU liabilities;
- use of NPTRCU funds;
- financial state of NPTRCU.
NPTRCU is financed at the expense of the State Budget of Ukraine, during 4 years after this Law takes effect (Article 14 of the Law). The amount of budget financing for NPTRCU is determined by the Law of Ukraine on the State Budget of Ukraine for the respective year. After the above period is over, NPTRCU can be financed at the expense of:
- sale of own TV and radio products, payment for the use of copyright and adjacent rights;
- state and local budgets;
- voluntary and charitable contributions, donations of natural persons and legal entities, except for anonymous ones;
- other income.
The state provides for appropriate financing of NPTRCU, which is allocated as a separate item in the State Budget of Ukraine and amounts to at least 0.2% of expenses of the general fund of the State Budget of Ukraine for the previous year. Advertisements and information about sponsors on NPTRCU broadcasting channels must not exceed 5% in each clock hour of actual broadcasting. Public service advertisements in NPTRCU programs are allowed, provided they do not point to a specific subject (brand), official or product. Broadcasting telemarketing programs on NPTRCU broadcasting channels is forbidden. Advertisements and information about sponsors – manufacturers of alcoholic beverages, beer and/or other beverages made with it, trademarks for goods and services, other intellectual property objects under which alcoholic beverages, beer and/or other beverages made with it, are forbidden on NPTRCU broadcasting channels.
Article 15 of the Law envisages that NPTRCU property is owned by the state. The Cabinet of Ministers of Ukraine can determine the entity that manages the above property. The Cabinet of Ministers of Ukraine controls the use and preservation of property handed over to NPTRCU for operational administration, and has the right to seize property that is being unused, as well as property that is being used not for its designated purpose. NPTRCU has no right to transfer property and land plots to other legal entities or citizens free of charge, except for cases provided for by law. NPTRCU has the right to alienate property and land plots only with the consent of the Cabinet of Ministers of Ukraine, and only on competitive basis, unless otherwise established by law.
Every year, NPTRCU undergoes mandatory audit of annual financial reporting. The auditor company is determined by the NPTRCU Supervisory Council, based on the results of a competition. Expenses for the audit are borne by NPTRCU. Mandatory financial reporting and the results of annual audit are published in printed and electronic mass media, and on the official website of NPTRCU (Article 16 of the Law).
The procedure for procuring the broadcasting license by NPTRCU is established by Article 17 of the Law.
NPTRCU has no obligation to cover the work of executive authorities, other state bodies, bodies of local self-government, or their official. NPTRCU programs amount to at least 75% of domestic and European (countries that ratified the European Convention on Transfrontier Television) origin in the daily on-air broadcasting (Article 18 of the Law).
According to Article 20 of the Law, air time of NPTRCU for official addresses and statements of the supreme state officials can be provided according to the procedure established by law for provision of extraordinary live broadcasting time for extraordinary official addresses by the President of Ukraine, Head of the Verkhovna Rada of Ukraine, the Prime Minister of Ukraine, the Head of the Supreme Court of Ukraine, or the Head of the Constitutional Court of Ukraine. The President of Ukraine is granted air time free of charge to deliver the New Year's greeting to the Ukrainian people.