Law of Ukraine

“On Amendment of Certain Laws of Ukraine Regarding Ensuring the Transparency of Property Relations Connected to Mass Media”

Date of entry into force:
July 28, 2013

The Law presents a new version of part 3, Article 10 of the Law of Ukraine “On Print Mass Media (Press) in Ukraine”, according to which control means direct or indirect (through affiliated persons) ownership of portions (shares, stock) that results in holding 50 percent and more votes in the supreme body of the legal entity that is the founder (co-founder) of the print mass media.

According to the Law, the application for state registration of a print media must also include information about the person (natural person or legal entity) that controls the founder (co-founder) or the owner (co-owner) of the print media, and the legal entity that the founder and owner (co-owner) control appropriately. If one of the co-founders (co-owners) of a printed media is a natural person, their family members (husband, wife, children, parents, step-parents, siblings and their children and spouses) together with which they control the print media are also considered to be their affiliated persons (amended Article 12 of the Law of Ukraine “On Print Mass Media (Press) in Ukraine”).

Amended Article 15 of the Law of Ukraine “On Print Mass Media (Press) in Ukraine” establishes that refusal of state registration of a print media is also possible in case the founder (co-founders) violate the requirements of Article 10 of the Law of Ukraine “On Print Mass Media (Press) in Ukraine”, which establishes guarantees against monopolization of print media.

Each issue of a print media must also contain the last name and initials of the person responsible for the publication of the respective issue (amended Article 32 of the Law of Ukraine “On Print Mass Media (Press) in Ukraine”).

The Law amends Article 28 of the Law of Ukraine “On Information Agencies”, according to which each issue of the products of information agencies must contain, among other things, the information about the founder (co-founders) and owner (co-owners) of the information agency.

According to the amended Article 13 of the Law of Ukraine “On the National Council of Ukraine in the Issues of Television and Radio Broadcasting”, the National Council of Ukraine in the Issues of Television and Radio Broadcasting also supervises the adherence of TV and radio organizations to the requirements of the legislation regarding the composition of their owners (owners).

The Law amends Article 1 of the Law of Ukraine “On Television and Radio Broadcasting”, according to which:
  • control over the founder (co-founder) or owner (co-owner) of a TV and radio organization means direct or indirect (through affiliated persons) ownership of portions (shares, stock) that results in holding 50 percent and more votes in the supreme body of the legal entity that is the founder (co-founder) of the TV and radio organization;
  • an affiliated person is a natural person or legal entity that controls the founder (co-founder) or owner (co-owner) of the TV and radio organization, and the legal entity that the founder and owner (co-owner) control appropriately. If one of the co-founders (co-owners) of a TV and radio organization is a natural person, their family members (husband, wife, children, parents, step-parents, siblings and their children and spouses) together with which they control the TV and radio organization are also considered to be their affiliated persons.

Amended part 3, Article 12 of the Law of Ukraine “On Television and Radio Broadcasting” prohibits creation and operation of TV and radio organizations where the founder (co-founders) or owner (co-owner) is a non-resident (non-residents) registered in one of the offshore areas included in the list determined by the Cabinet of Ministers of Ukraine.

Mandatory attachments to the broadcasting license are, among others:
  • information about the founder (co-founders) and owner (co-owners) of the licensee TV and radio organization, and the affiliated persons included in the application for broadcasting license (license extension);
  • information about the composition of management and/or supervisory bodies of the licensee TV and radio organization: head of the organization, board of directors, supervisory board, etc. (for each member – full name, date of birth, citizenship, address, registration number of the taxpayer registration certificate, or the passport series and number for natural persons who, due to their religious beliefs, refuse to accept a taxpayer registration certificate number, have notified a respective state tax authority respectively, and have a note in their passport to that effect).

Amended Article 235 of the Law of Ukraine “On Television and Radio Broadcasting” makes some clarifications to the procedure of broadcasting license reissue.
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