(Vidomosti Verkhovnoi Rady (VVR), 1997, No. 48, p. 296)
(As amended by Laws
No. 134-XIV (134-14 ) of 30.09.98, VVR, 1998, No. 45, p.272
No. 998-XIV (998-14 ) of 16.07.99, VVR, 1999, No. 41, p.373
No. 1709-III (1709-14) of 11.05.2000, VVR, 2000, No.32, p.257
No. 2680-III (2680-14 ) of 13.09.2001, VVR, 2002, No. 2, p.5
No. 762-IV (762-15) of 15.05.2003, VVR, 2003, No. 30, p.247}

{In the wording of Law
No. 2461-IV (2461-15) of 03.03.2005, VVR, 2005, No. 16, p.265}

{As amended by Law
No. 3317-IV (3317-15 ) of 12.01.2006}

This Law determines legal principles of activity of
the National Television and Radio Broadcasting Council of Ukraine (hereinafter - the National Council) as the constitutional, collegial, supervisory and regulatory television and radio broadcasting state authority acting on a permanent basis.
{The Preamble in the wording of Law No. 3317-IV (3317-15) of 12.01.2006}



Chapter I

GENERAL PROVISIONS

Article 1. The Status of the National Council
1. The National Council is the constitutional,
collegial authority acting on a permanent basis that aims, in its activity, at supervising compliance with the Laws of Ukraine in the sphere of television and radio broadcasting as well as exercising the regulatory powers provided for by these Laws.

2. The National Council is a legal entity, has a seal with its name and the image of the State Coat of Arms of Ukraine.

Article 2. Legislation of Ukraine on the National Council
The National Council is guided in its activity by the Constitution of Ukraine (254к/96-ВР), Law of Ukraine “On Television and Radio Broadcasting” (3759-12 ), this Law, other Laws of Ukraine.

Article 3. Principles of the National Council’s Activity
1. The National Council’s activity is based on the principles of legality, independence, objectivity, transparency, accessibility to the public, due account of cultural, ideological and political diversity in society, regard for the generally acknowledged international norms and standards in the sphere of television and radio broadcasting, in-depth and comprehensive examination of issues and substantiation of decisions made.
2. The National Council shall not delegate its authority to third persons. A National Council member shall not individually perform the functions the National Council is vested with.

{ Part two of Article 3 in the wording of Law No.3317-IV ( 3317-15 ) of 12.01.2006 }

Chapter II
СOMPOSITION OF THE NATIONAL COUNCIL AND PROCEDURE FOR ITS FORMATION

Article 4. Сomposition of the National Council

1. The National Council is composed of eight persons. Four members of the National Council are appointed by the Verkhovna Rada of Ukraine and four members of the National Council are appointed by the President of Ukraine.
2. The National Council is empowered to act provided no fewer than six of its members have been appointed.
3. The authority of a National Council member commences on the day of his/her appointment and lasts for five years, with the exception of the cases provided for by this Law.
{Part three of Article 4 as amended by Law No. 3317-IV
(3317-15 ) of 12.01.2006 }

4. One and the same person may be appointed as a National Council member for a repeat term only once.


Article 5. Appointment of National Council Members by the Verkhovna Rada of Ukraine

1. The Verkhovna Rada of Ukraine shall appoint National Council members on an alternative basis within two months from the day of the termination of the authority of the National Council member (members) appointed by the Verkhovna Rada of Ukraine. The termination of a National Council member’s authority shall be effected pursuant to the decree of the Verkhovna Rada of Ukraine.
{Part one of Article 5 as amended by Law No. 3317-IV (3317-15 ) of 12.01.2006 }

2. Within three days from the day of termination of the authority of the National Council member (members) appointed by the Verkhovna Rada of Ukraine, the Verkhovna Rada of Ukraine committee competent to deal with issues of television and radio broadcasting shall make public via mass media and forward an announcement about selection of candidates for the office of the National Council member (members) to parliamentary factions and groups in the Verkhovna Rada of Ukraine. Nominations of candidates shall be received by the designated committee within 21 days from the day the announcement has been made public. Subjects of the right to nominate candidates for the office of the National Council member are parliamentary factions in the Verkhovna Rada of Ukraine and/or all-Ukrainian associations of citizens in the sphere of mass media activity.
{Part two of Article 5 as amended by Law No. 3317-(3317-15) of 12.01.2006}
3. Within 14 days after the expiry of the term for accepting nominations of candidates for the office of the National Council member (members) the Verkhovna Rada of
Ukraine committee competent to deal with issues of television and radio broadcasting shall hold preliminary discussions concerning the nominated candidates and submit for the consideration of the Verkhovna Rada of Ukraine a respective proposal with conclusions and recommendations concerning each candidate.
4. Voting in the Verkhovna Rada of Ukraine with regard to the appointment as a National Council member shall be held for each candidate in the succession determined by preliminary rating voting. A person whose appointment was voted for by the majority of the constitutional composition of the Verkhovna Rada of Ukraine shall be deemed appointed to the office of the National Council member.
5. In the event that several candidates received equal number of votes during the preliminary rating voting, the order of priority of voting with regard to the appointment of each of them to the office of a National Council member shall be determined by additional rating voting concerning these candidates, which shall be held directly before voting with regard to their appointment to the office of National Council members.
6. In the event that by the results of voting the required number of National Council members has not been appointed, additional appointment shall be held with the repetition of the entire procedure for appointment starting with the announcement by the Verkhovna Rada of Ukraine committee, which is competent to deal with the issues of television and radio broadcasting, about selection of candidates to the office of a National Council member (members).

Article 6. Appointment of National Council members by the President of Ukraine

1. The President of Ukraine shall appoint the National Council member (members) within one month from the day of the termination of the authority of the National Council member (members) appointed by the President of Ukraine.

2. A person on whose appointment a respective decree of the President of Ukraine has been issued shall be deemed appointed to the office of the National Council member by the President of Ukraine.

Article 7. A National Council Member
1. As a National Council member may be appointed a citizen from among qualified specialists in the field of journalism, jurisprudence, television and radio broadcasting, management, representatives of science, culture and art who have higher education, work experience in the sphere of television and radio broadcasting, in particular scientific or teaching experience, no less than five years, have command of the state language, who have resided in Ukraine for the past ten years and by the moment of appointment have not attained the age of retirement prescribed by Law. {Paragraph one of part one of Article 7 in the wording of Law No. 3317-IV (3317-15) of 12.01.2006}

A person who has a criminal record for committing an intentional crime shall not be appointed to the office of the National Council member unless this record is cancelled or expunged pursuant to the procedure established by law.
2. National Council members are civil servants of the first rank.

3. National Council members are employed on a permanent basis. For the period of fulfilment of their official duties they shall not hold any other offices, including those on a voluntary basis, in state authorities and non-governmental organisations, institutions and enterprises, receive remuneration and lump sum fees for other work, with the exception of scientific, teaching and creative one (this exception does not extend to scientific and creative activity in television and radio broadcasting organisations).

A National Council member shall be obliged, within a month from the day of his/her appointment to office, to withdraw from the number of founders (co-founders) of a television and radio broadcasting organisation and dispose of his/her share in the television and radio broadcasting organisation’s property.

4. A National Council member is obliged to withdraw a representative mandate within ten days after his/her appointment to office.

5. A National Council member is obliged to:
participate in meetings of the National Council;
implement the National Council’s decisions;
prepare matters for the consideration by the National Council;
coordinate work of structural subdivisions of the National Council apparat in accordance with the distribution of functional duties determined by the National Council.
A National Council member has the right to:
be familiarised with documents received by the National Council;
propose that matters belonging to the competence of the National Council be placed on its meeting agenda;
speak at the National Council meetings, submit proposals with regard to issues under consideration.
6. A National Council member has an assistant-counsellor.
7. After the expiry of the term of his/her authority as well as in the event of its pre-term termination on the basis of his/her personal application, a National Council member retains the right to return to his/her previous job and if this is impossible ( in cases where the enterprise, institution, organisation have been liquidated, if the job has become redundant or the number of employees reduced, etc.), the right to occupy another equivalent job pursuant to the requirements of the legislation of Ukraine, by his/her consent.
{Part seven of Article 7 as amended by Law No. 3317-IV (3317-15) of 12.01.2006}
8. The period of exercising his/her authority by a National Council member is included into his/her overall length of service in speciality.

Article 8. Pre-term Termination of the Authority of a National Council Member

1. Pre-term termination of a National Council Member authority may be effected in the event of:

1) submission of an application that he/she be dismissed from office of his/her own will or acceptance of resignation in conformity with the requirements of the Law of Ukraine “ On Civil Service of Ukraine” (3723-12); {Paragraph one of part one of Article 8 in the wording of Law No. 3317-IV (3317-15) of 12.01.2006 }

2) his/her termination of citizenship of Ukraine or departure for permanent residence beyond the borders of Ukraine;


3) his/her non-compliance with the requirements envisaged by part three of Article 7 of this Law;

4) entry into legal force of a judgment of conviction with regard to him/her;

5) inability to discharge his/her duties due to his/her state of health for six and more months where a medical opinion confirmed by the court is available;

6) failure to participate in National Council meetings for two months without valid reasons therefor;

7) finding him legally incapable or restricting his civil capacity, finding him/her missing or pronouncing him/her dead;

8) his/her death.

2. In cases envisaged by paragraphs 1 and 8 of part one of this Article, the decision on pre-term termination of the authority of a National Council member is made by the National Council.
In cases envisaged by paragraphs 2, 4 and 7 of part one of this Article, the decision on pre-term termination of the authority of a National Council member is made by the National Council upon a submission of the National Council chairman or three members of the National Council. This decision may be challenged before the court within 15 days from the day of its adoption. The decision enters into force from the day of expiry of this term and in the event of its challenge - from the day of entry into legal force of the court judgment.


In cases envisaged by paragraphs 3, 5 and 6 of part one of this Article, the decision on pre-term termination of the authority of a National Council member is made by the court upon application of the chairman of the National Council or three members of the National Council. The court judgment on pre-term termination of a National Council member may be challenged pursuant to the procedure established by law.

3. In the event of pre-term termination of the authority of a national Council member, a new member of the National Council is appointed in conformity with the requirements of Articles 5 and 6 of this Law.

Article 9. The National Council Chairman
1. The National Council Chairman is elected by the National Council from among the National Council members by secret ballot. Candidates for the office of the National Council chairman are nominated upon submission of no less than three members of the National Council. A candidate for whom no less than five members of the National Council voted shall be deemed elected to the office of the National Council chairman.
2. The National Council Chairman shall:
organise the activity of the National Council;
submit for the consideration of the National Council issues to be placed on the agenda of a National Council meeting having regard to proposals of the National Council members;
preside over meetings of the National Council;

сonvene meetings of the National Council;

make public the annual report on the activity of the National Council and forward it to the Verkhovna Rada of Ukraine and the President of Ukraine;
represent the National Council in state authorities and bodies of local self-government, in relations with natural persons and legal entities in Ukraine and beyond the borders of Ukraine;
sign, together with the executive secretary of the National Council, decisions of the Council and make them public;
sign, together with the executive secretary of the National Council, licences issued by the National Council;
be entitled to participate with the right of a deliberative vote in meetings of the Cabinet of Ministers of Ukraine, the central body of executive power in the sphere of communication, other state authorities and bodies of local self-government during the examination by these authorities of issues with regard to activity in the sphere of television and radio broadcasting;
exercise other powers provided for by this Law and Acts of the National Council adopted in conformity with it.
3. Pre-term termination of the authority of the National Council chairman shall be effected:
in the event of pre-term termination of his/her authority as a National Council member pursuant to Article 8 of this Law;
of his/her own will;
in the event of a respective decision made by the National Council.
4. The National Council shall examine the issue of pre-term termination of the authority of the National Council chairman upon a written submission of no less than three National Council members and not earlier than a year after his/her election or after preliminary examination of the issue with regard to pre-term termination of his/her authority.

5. Termination of the authority as the National Council chairman shall not terminate his/her authority as a National Council member.
6. In the event that the authority of the National Council chairman is terminated, election to this office shall be effected pursuant to the procedure provided for by part one of this Article.
7. The National Council chairman manages budget appropriations for the maintenance and provision of the activity of the National Council and, on the basis of the National Council decisions, extra-budgetary funds, other money transferred to the account of the National Council from sources not prohibited by the legislation of Ukraine.
{Article 9 was supplemented by part seven pursuant to Law No. 3317-IV (3317-15 ) of 12.01.2006 }

Article 10. First Deputy, Deputy Chairman, Executive Secretary of the National Council

1. First deputy, deputy chairman and executive secretary of the National Council are elected from among National Council members by secret ballot. A candidate to the office of first deputy, deputy chairman and executive secretary of the National Council is nominated upon submission of no less than three National Council members. The candidate for whose election no less than five National Council members voted shall be deemed elected to the respective office.
2. It shall not be permitted to elect as an executive secretary a member of the National Council appointed by the subject that appointed the National Council member holding office of the National Council chairman.

3. First deputy of the National Council chairman acts as the National Council chairman in the event that the National Council chairman is absent or in the event that it is impossible for him/her to exercise his/her authority.
4. Deputy chairman of the National Council acts as the National Council chairman in the event of absence of the National Council chairman and first deputy of the National Council or in the event that it is impossible for them to exercise their authority and also acts as executive secretary in the event of his/her absence or where it is impossible for him/her to exercise his/her authority.
5. The executive secretary prepares draft of the agenda of a National Council meeting, initials it and supervises preparation of matters for examination, signs, together with the National Council chairman, licences issued by the National Council.
6. If first deputy, deputy chairman, executive secretary of the National Council have not been elected or they fail or refuse to perform their official duties, the National Council, by its resolution, entrusts other National Council members with temporary performance of these official duties.
7. The authority of first deputy, deputy chairman and executive secretary of the National Council may be terminated before the expiry of the term:
in the event of pre-term termination of their authority as National Council members in accordance with Article 8 of this Law;
of their own will;
pursuant to decision of the National Council.
8. The National Council examines the issue of terminating the authority of first deputy, deputy chairman or executive secretary of the National Council upon a written submission of no less than three members of the National Council.

9. Termination of the authority of first deputy, deputy chairman or executive secretary shall not terminate their authority as National Council members.
10. In the event that the authority of first deputy, deputy chairman or executive secretary of the National Council is terminated, election to these offices shall be effected pursuant to the procedure provided for by part one of this Article.
Article 11. National Council Representatives in the Autonomous Republic of Crimea, Regions, Cities of Kyiv and
Sevastopol
1. To ensure the exercise of the authority of the National Council in the Autonomous Republic of Crimea, regions, cities of Kyiv and Sevastopol representatives of the National Council are appointed.
2. National Council representatives are appointed to office by the National Council on a competitive basis for a term of four years.
The terms of the competition are approved by the National Council decision.
A National Council representative is an officer of the National Council apparat and discharges official functions in accordance with the National Council apparat manning table.
{ Part two of Article 11 as amended by Law No. 3317-IV (3317-15) of 12.01.2006 }
3. The office of the National Council representative belongs to civil servants third rank.
4. A National Council representative is employed on a permanent basis and for the period of discharging his/her official duties shall not hold any other office in state authorities and non-governmental organisations, institutions and enterprises, receive remuneration and lump sum fees for any other work except for scientific, teaching and creative (this exception shall not cover scientific and creative work in television and radio broadcasting organisations).

5. A National Council representative shall be obliged, within a month from the day of his/her appointment to office, to withdraw from the number of founders (co-founders) of a television and radio broadcasting organisation and dispose of his/her share in the television and radio broadcasting organisation’s property.
6. A National Council representative is obliged to withdraw a representative mandate within ten days after his/her appointment to office.
7. A National Council representative shall be obliged to:
exercise supervision over licensees’ compliance with the terms of licences;
{Paragraph two of part seven of Article 11 in the wording of Law No. 3317-IV 3317-15 ) of 12.01.2006}
exercise supervision over licensees’ compliance with licensing requirements and terms of a licence;
monitor television and radio broadcasting;
exercise supervision over licensees’ compliance with the broadcasting procedure during electoral campaigns and referenda as established by law, informing the Central Electoral Commission, respective territorial electoral commissions, and the National Council of the disclosed violations;
file motions with the National Council concerning facts of breaches of legislation in the sphere of television and radio broadcasting.
8. A National Council representative shall be obliged to abide by the National Council decisions, instructions of the National Council chairman, his/her deputies and the National Council apparat chief executive.
9. A National Council representative shall be obliged to send licensees notifications that they breached legislation and/or licensing requirements and licence conditions not later than ten days after the disclosure of breaches.
10. A National Council representative is entitled to receive from licensee’s officials documents and explanations
required for the exercise of their authority.
11. A National Council representative shall submit an annual report on his/her work to the National Council and make it public on the respective territory.
12. Regulations on National Council representatives shall be approved by the National Council.
13. For organisational, legal, informational and logistic provision of the activity of a National Council representative and the exercise of the National Council representative’s authority determined by this Law, National Council representative’s Secretariat shall be established.
14. The Secretariat of the National Council representative is a structural subdivision of the National Council’s apparat.
Article 12. The National Council’s Apparat
1. For legal, scientific, informational, organisational, logistic and other provision of the activity of the National Council, the National Council’s apparat is established.
2. The National Council’s apparat is headed by the National Council’s apparat chief executive (hereinafter – apparat chief executive). A National Council member shall not be appointed to the office of apparat chief executive.
3. The structure, manning table and regulations on the National Council’s apparat shall be elaborated and approved
by the National Council.
4. The apparat chief executive and chiefs of structural subdivisions of the National Council’s apparat are appointed and dismissed from office by the National Council.
5. The termination of National Council members’ authority shall not be the grounds for rescinding labour contracts with the National Council’s apparat employees.
6. The National Council’s apparat employees are civil servants, ranks of offices thereof being equal to respective ranks of offices of the Cabinet of Ministers of Ukraine apparat.
{ Part six of Article 12 as amended by Law No. 3317-IV(3317-15) of 12.01.2006 }

Chapter III
AUTHORITY OF THE NATIONAL COUNCIL

Article 13. Supervisory Authority of the National Council

The National Council exercises:
supervision over compliance with the requirements of legislation in the sphere of television and radio broadcasting by television and radio broadcasting organisations and programme service providers;
{Paragraph two of Article 13 in the wording of Law No. 3317-IV (3317-15) of 12.01.2006}
supervision over licensees’ compliance with the requirements of legislation of Ukraine on advertising and sponsorship in the sphere of television and radio broadcasting;
supervision over licensees’ compliance with licensing requirements and terms of licences;
supervision over licensees’ compliance with the procedure of broadcasting during election campaigns and referenda as determined by legislation;
supervision over compliance with standards and norms of technical quality of television and radio programmes;
supervision over television and radio broadcasting organisations’ compliance with the legislation of Ukraine in the sphere of cinematography;
supervision over television and radio broadcasting organisations’ compliance with the requirements of the legislation of Ukraine with regard to the share of national product in their programmes(channels) and concerning the use of languages in television and radio broadcasting;
supervision over television and radio broadcasting organisations’ compliance with the legislation in the sphere of protection of public morals;
supervision over television and radio broadcasting organisations’ compliance with the requirements of the legislation on foreign investments share in their constituent fund;
imposition of sanctions within the limits of its authority in accordance with law;
official monitoring of television and radio programmes.

Article 14. Regulatory Authority of the National Council

The National Council fulfils regulatory functions provided for by the legislation of Ukraine in the sphere of television and radio broadcasting, viz:
licensing television and radio broadcasting; licensing programme service providers;
{Article 14 has been supplemented by the paragraph pursuant to Law No. 3317-IV (3317-15) of 12.01.2006}
participating in the elaboration and approval of the draft of the National Table of distribution of radio frequencies bands of Ukraine and Plan of using radio frequency resource of Ukraine with regard to radio frequency bands allocated for the needs of television aand radio broadcasting;
elaborating terms for the use and determining users of the radio frequency resource allocated for the needs of television and radio broadcasting;
ensuring and promoting competition in the activity of television and radio organisations of all forms of ownership pursuant to the requirements of legislation,
creating conditions in order to prevent elimination, restriction or distortion of competition in television and radio information space;
keeping State Register of television and radio broadcasting organisations of Ukraine.

Article 15. The National Council’s Authority with Regard to Organisation and Prospects of Development of Television and Radio Broadcasting
The National Council’s authority with regard to organisation and prospects of television and radio broadcasting development comprises:
participation in the development and implementation of state policy in the sphere of television and radio broadcasting;
elaboration and approval of the Plan of development of national television and radio information space;
{Article 15 has been supplemented by the paragraph pursuant to Law No. 3317-IV (3317-15) of 12.01.2006 }
making analysis of the state of television and radio broadcasting in Ukraine;
making decisions on setting up and developing broadcasting channels, broadcasting networks, television networks that envisage use of radio frequencies resource;
determining the procedure for the technical designing of multichannel television networks that envisage using radio frequencies resource and procedure for putting technical design, servicing and maintenance of such networks out for tender;
ordering expert opinions on electromagnetic compatibility of radioelectronic means of broadcasting;
promoting integration of television and radio broadcasting organisations of Ukraine into world information space and the exercise of their activity in conformity with international standards;
generalising the practice of applying legislation in the sphere of television and radio broadcasting, participating in elaborating proposals to improve legislation in this sphere;
carrying out cooperation in matters concerning television and radio broadcasting with international organisations, state authorities and non-governmental organisations of other countries;
determining the procedure for documenting, keeping register and storing by television and radio organisations copies (records) of programmes, broadcasts and telecasts that go on the air, creation of temporary archives and archive fund of television and radio organisations in conformity with the legislation of Ukraine;
setting up and maintaining state archives of television and radio broadcasting of Ukraine pursuant to the procedure established by law.

Article 16. Accountability of the National Council
1. The activity of the National Council is open, and their decisions are accessible for subjects of informational relations.
2. The National Council prepares the annual report on their activity, makes it public by 1 February of the year that follows the report year and without delay forwards the report to the Verkhovna Rada of Ukraine and the President of Ukraine. The report on the activity of the National Council is presented at the meeting of the Verkhovna Rada of Ukraine by the National Council chairman.
3. The report of the National Council shall specify:
the objectives determined by the Plan of development of the national television and radio information space for the report period and results of their implementation;
{Part three of Article 16 has been supplemented by the paragraph pursuant to Law No 3317-IV (3317-15) of 12.01.2006)
information on the amendments introduced to the Plan of development of the national television and radio information space for the report period; { Part three of Article 16 has been supplemented by the paragraph pursuant to Law No. 3317-IV (3317-15) of 12.01.2006 }
the objectives determined by the Plan of development of the national television and radio information space for the next report period;
{Part three of Article 16 has been supplemented by the paragraph pursuant to Law No. 3317-IV (3317-15) of 12.01.2006}
results of television and radio broadcasting licensing for the report period;
information on television and radio broadcasting organisations’ compliance with licensing requirements and terms of licences;
information on television and radio broadcasting organisations’ compliance with the requirements of legislation with regard to the national product share in programmes (broadcasts);
information on television and radio broadcasting organisations’ compliance with the requirements of legislation with regard to advertising and sponsorship;
information on compliance with the requirements of legislation on foreign capital participation in television and radio broadcasting organisations’ authorized funds and with the requirements of television and radio broadcasting organisations’ constituent and statutory documents;
{Paragraph nine of part three of Article 16 in the wording of Law No. 3317-IV (3317-15) of 12.01.2006}
founders (owners) of television and radio broadcasting organisations, evaluation of the state of competition and the level of monopolisation of television and radio information market.

4. After holding elections and referenda the National Council shall make public a report on television and radio broadcasting organisations’ compliance with the procedure for broadcasting during election campaigns and referenda as established by the legislation.
5. As a result of scrutinising the report of the National Council the Verkhovna Rada of Ukraine may express no confidence in the National Council. If no confidence is also expressed by the President of Ukraine, that shall result in the resignation of the entire composition of the National Council.
{Part five of Article 16 in the wording of Law No. 3317-IV (3317-15 ) of 12.01.2006 }

Article 17. Acts of the National Council

1. The National Council within the limits of its authority makes decisions, may draft respective provisions, rules and instructions, which shall be approved by the decision of the National Council, organises and controls their execution, issues recommendations.
2. Decisions of the National Council made within the limits of its authority shall be binding for execution on the territory of Ukraine.
3. The National Council may issue joint acts in conjunction with bodies of executive power.

Article 18. Principles of Television and Radio Broadcasting Licensing
1. Television and radio broadcasting licensing shall be effected by the National Council.
2. A television and radio broadcasting licence of the National Council is the only and sufficient document of permit nature that grants a licensee the right to television and radio broadcasting.

3. The procedure for television and radio broadcasting licensing is determined by the Law of Ukraine “On Television and Radio Broadcasting” (3759-12).

4. The amount of payment for the issuance, extension, re-registration of a television and radio broadcasting licence and for the issuance of a licence duplicate shall be determined by the Cabinet of Ministers of Ukraine.

Article 19. State Registration of Television and Radio Organisations and Programme Service Providers

The National Council conducts state registration of television and radio organisations and programme services providers and keeps respective registers pursuant to the procedure determined by the Law of Ukraine “ On Television and Radio Broadcasting” (3759-12).
{Article 19 in the wording of Law No.3317-IV (3317-15) of 12.01.2006}

Article 20. State Archives of Television and Radio Broadcasting of Ukraine

1. The National Council, pursuant to the procedure established by law, maintains state archives of television and radio broadcasting of Ukraine.
2. The Regulations on the state archives of television and radio broadcasting of Ukraine shall be approved by the National Council and the central body of executive authority in the sphere of archives and record keeping.

Article 21. Sanctions for Violations of Legislation on Television and Radio Broadcasting


The National Council shall impose sanctions on violators of television and radio broadcasting legislation in accordance with the requirements of the Law of Ukraine (3759-12).
{Article 21 in the wording of Law No. 3317-IV (3317-15) of 12.01.2006}

Article 22. Securing Rights of Television Viewers and Radio Listeners
1. The National Council within the limits of its authority shall secure rights of television viewers and radio listeners.
2. The National Council organises research into
audiences of television viewers and radio listeners, other sociological research into the state of television and radio broadcasting and also public opinion polls to survey popularity and quality of programmes or broadcasts that are trasnmitted (re-transmitted) by television and radio broadcasting organisations.
3. The National Council analyses and generalises
citizens’ petitions and proposals in the sphere of television and radio broadcasting, as a result of their scrutiny takes respective measures of reaction.
4. The National Council informs citizens of its activity through mass media.
5. The National Council has the right to be the founder (co-founder) of printed mass media.
{Article 22 has been supplemented by part five pursuant to Law No. 3317-IV (3317-15) of 12.01.2006}

Chapter IV
ОRGANISATION OF ACTIVITY OF THE NATIONAL COUNCIL

Article 23. Rules of the National Council

The procedure for organisation and internal work of the National Council not regulated by this Law is determined by the Rules of the National Council, which shall be approved by the majority of the composition of the National Council upon submission of the chairman or no less than three National Council members.
The Rules of the National Council shall not contravene the requirements of the Constitution of Ukraine (254к/96-ВР), this Law and other laws of Ukraine.

Article 24. Meetings of the National Council

1. Meetings of the National Council are convened by the National Council chairman in accordance with the Rules of the National Council on his/her own initiative or upon request of no less than three National Council members.
2. Solely at meetings of the National Council:
drafts of legislative and other normative acts and proposals with regard to improvement of legislation in the sphere of television and radio broadcasting are dicussed;
Rules of the National Council, regulations and other normative acts of the National Council are approved;
the Plan of development of the national television and radio information space and amendments thereto are approved; { Part two of Article 24 has been supplemented by the paragraph pursuant to Law No. 3317-IV (3317-15) of 12.01.2006}
the annual report on the activity of the National Council is approved;
decisions are made about setting up and developing broadcasting channels, broadcasting networks and the television networks that envisage using radio frequency resource;
decisions are made about announcement of competitions for granting television and radio broadcasting licences and competition terms are approved;
decisions are made on issuance, extension, re-registration of television and radio broadcasting licences and on introducing amendments to licences;
the manning table of the National Council apparat is approved;
decisions are made on issuance and extension of programme service providers’licences, on approval of and introducing amendments to respective packages of programmes of the universal programme service;
{Part two of Article 24 has been supplemented by the paragraph pursuant to Law No. 3317-IV (3317-15) of 12.01.2006}
chief executive of the National Council’s apparat and heads of structural subdivisions of the National Council’s apparat are appointed and dismissed;
the National Council representatives in the Autonomous Republic of Crimea, regions, cities of Kyiv and Sevastopol are appointed and dismissed;
decisions are made on imposing sanctions and on filing an application with the court that the licence be revoked;
decisions are made on imposing sanctions and on filing an application with the court that the broadcasting licence be revoked or that state registration of a programme service provider be nullified;
{Part two of Article 24 has been supplemented by the paragraph pursuant to Law No. 3317-IV (3317-15) of 12.01.2006}
standards and norms of technical quality of television and radio programmes are approved;
decisions are made on the issuance of powers of attorney to represent the National Council in the court;
working organs of the National Council (nominating commissions, working groups, etc.) are set up.

3. National Council meetings are open.

4. A National Council meeting is competent provided it is attended by no less than six National Council members.
5. At meetings of the National Council the issues of television and radio broadcasting licences issuance, extension, re-registration or the issue of sanctions imposition on licensees are examined in the presence of authorised representatives of respective licensees to the effect thereof they are notified in writing by the National Council no later than three days prior to the meeting. Such a meeting may be held without these persons’ participation on condition that there are data that the notification of the time and place of holding the meeting was served on them and if there are no valid reasons for postponing the meeting.
6. The National Council’s decision shall be deemed adopted if no less than five National Council members voted for it.
7. The National Council’s decision shall be signed within three days after its adoption by the National Council chairman and executive secretary or by persons fulfilling their official duties. In the event that it is impossible for the National Council chairman (or the person fulfilling his official duties) or if he/she refuses to sign the decision of the National Council, the decision may be signed by five members of the National Council who participated in the respective meeting of the National Council.
8. At a meeting of the National Council minutes are kept, which shall be signed within three days after the meeting by the National Council chairman (or the other person who presided at the meeting) and the executive secretary of the National Council (or the National Council member fulfilling his/her official duties) no later than four days after the meeting was held. In the event that it is impossible for the National Council chairman (or the person who presided at the meeting) or if he/she refuses to sign the decision of the National Council, the decision may be signed by five members of the National Council who participated in the respective meeting of the National Council. the executive secretary of the National Council (or the National Council member fulfilling his/her official duties)or if they refuse to sign the minutes of the meeting,
the minutes may be signed by no less than five members of the National Council who participated in the meeting.
9. All decisions of the National Council shall be made public no later than ten days after their adoption.
Decisions of individual effect adopted by the National Council shall enter into force from the day of their adoption.
Decisions of the National Council of normative legal nature shall enter into force from the day they are made public.
10. Upon request of the licensee concerning whom a decision was made, the National Council shall issue a copy of the meeting minutes and a copy of the National Council decision within four days’ term from the day of the licensee’s petition.

Article 25. Financial Provision of the National Council

1. The activity of the National Council shall be funded from the State Budget of Ukraine. Herewith expenses of the National Council are envisaged in the State Budget of Ukraine as specific budget programmes for:
the management in the sphere of television and radio broadcasting;
official monitoring of television and radio programmes;
elaboration and implementation of the Plan of development of the national television and radio information space, introduction of new technologies and carrying out research into the use of radio frequencies resource for the purposes of television and radio broadcasting; {Paragraph four of part one of Article 25 in the wording of Law No. 3317-IV (3317-15) of 12.01.2006}

elaboration of conclusions with regard to electromagnetic compatibility of radioelectronic means of broadcasting required for setting up and developing broadcasting channels, broadcasting networks and television networks;
maintenance of state archives of television and radio broadcasting of Ukraine.
2. Proceeds of payment for the issuance of licences and other services provided by the National Council are credited to the income part of the State Budget of Ukraine.

Article 26. Seat of the National Council

The seat of the National Council is the city of Kyiv.

Chapter V
FINAL PROVISIONS

1. This Law enters into force from the day of its publication.
2. The Cabinet of Ministers of Ukraine, within a two-month term, shall:
bring its normative legal acts into conformity with this Law and secure respective revision of normative legal acts by the Ministries and other central bodies of executive power;
adopt acts the need for the adoption of which ensues from this Law;
draft and submit for the consideration of the Verkhovna Rada of Ukraine proposals for introducing amendments to the laws of Ukraine in view of the adoption of this Law.


President of Ukraine
L.Kuchma

City of Kyiv, 23 September 1997
No. 538/97-ВР



 

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