Russia

Last update: February, 2013

According to the Constitution of the Russian Federation (1993), "The Russian Federation – Russia, is a democratic, federal, legal state with a republican form of government", where rights and freedoms of the individual are proclaimed to be of the highest value. The following Articles are particularly relevant:

• Article 26 establishes the right to use mother tongue languages and the freedom to choose the language of communication, education, learning and creativity;
• Article 29 guarantees freedom of thought and speech, of legal search, production and dissemination of information including mass information, and bans censorship;
• Article 44 guarantees freedom of creativity, cultural access, rights to participate in cultural life and to use cultural institutions, and protects intellectual property. It also claims the preservation of historic and cultural heritage and monuments as a civil duty;
• Article 68 establishes Russian as a state language all over the national territory and gives to Republics within Russia the right to establish their own official languages to be used together with Russian; and
• the Russian Federation also guarantees the rights of indigenous peoples according to norms and principles of international law (Article 69).

Last update: February, 2013

In the early 1990s, the Basic Law on Culture determined the level of state funding for culture – that is 2% of the federal budget and 6% of regional ones (media not included), which exemplified a welfare state illusion and has never been enforced; in 2004, the related article was deleted from the Law. Financial obligations of the state in the cultural field are stated in the Civil and Budget Codes: public funding is provided to the institutions established by the government (Article 120 and 161).

There are three budget levels in cultural funding, while financial responsibilities of each are set by the Law on Regional Governance and the Law on Local Self-government (2003) and the Budget Code. At the federal level, current spending is actually determined by the Laws on the Federal Budget and by the Federal Target Programmes related to culture. At the regional and municipal levels, the new laws changed the former division of resources in related budgets, thus putting public cultural funding in jeopardy (see chapter 7.1.2).

New juridical forms including endowments were introduced in the late 2000s for culture support and promotion of state-private partnerships, non-commercial partnerships and others. However, the draft Law on Maecenats and Maecenat Activities has been under discussion for several years without any result. The situation will hopefully be improved by the new Law on Culture in the Russian Federation that is to include special entries on partnerships, charities and maecenat activities within the cultural sector.

In 2009, the Concept of Supporting Development of Charitable Activities and Volunteering in the Russian Federation was adopted by the government, which named those actions important for cultural, artistic, and educational development. The Plan of the Concept implementation for 2009 and 2010 supposes elaboration of related amendments in legislation. In 2010, the Law on Introduction of Improvements into Particular Legal Acts of the Russian Federation on Support of the Socially Oriented Non-Commercial Organisations provided economic advantages for such organisations.

Last update: February, 2013

There are no specific advantages for artists as far as social security is concerned, who are the subjects of general legal acts concerned with social welfare, unemployment, pensions, etc. As during the Socialist past, most of the artists are still employed by state institutions or receive state commissions.

The newly gained freedom of "liberal" professions partly deprived them of the former security provided within the powerful Artists' Unions. Today the latter have become a special type of professional organisation providing for associating and social protection. In the early 2000s, fruitless efforts were made to produce a special legal framework for artists by adopting the Law on Creative Workers in Literature and Arts and on their Creative Unions, which has twice passed through the Parliament and has been twice declined by the President. The Artists' Unions have the right to establish their own labour exchange and Funds to support retired or unemployed members.

Efforts have been made to support artists in their old age, from individual life-long Presidential grants for prominent artists or stipends from regional governments to special supporting schemes for members of artists' unions (see chapter 7.2).

Last update: February, 2013

Overall, the Taxation Code (1998-2000) has eliminated almost all deductions on principal, which is regarded as contradictory to the very core policies of cultural support. In that sense, it does not support cultural production, nor does it encourage investment or support from the private sector. The Main Directions of Taxation Policies in the Russian Federation for 2008-2010 do not stimulate state-private partnerships in the cultural sector.

Tax shelters for cultural actors are not numerous. The Taxation Code exempts from taxation repair and restoration works within the renovation of cultural and historical monuments, maintenance of cultural objects and free charitable transfer of goods, works, or services. In 2010, a new statement came into force, which exempts from VAT culturally valuable objects imported by the state or municipal museums, libraries, and archives whether bought with public money or gifted. There is a list of tax-exempt national or foreign grants and cultural, literary, artistic, and mass media awards, which are approved by the government.

According the Law on Formation and Use of Endowment by Non-commercial Organisations (2006), endowment assets are exempt from VAT, and their use and income are profit tax exempt. However, these benefits concern beneficiaries and do not stimulate benefactors.

Tax shelters for cultural actors are not numerous. The Taxation Code presupposes tax exemption for construction, buildings and premises that belong to artists or folk craftsmen as a property, specially equipped and used as workshops, as well as for parts of the building that are used for private exhibitions, libraries, galleries, museums, etc. that are open to the public. In the Taxation Code, there are special professional deductions for materials and expendable supplies used by artists and writers who receive author's fees.

Last update: February, 2013

Employment is regulated by the general Labour Code, including the minimum wage, for those working in the "public sector", although it does not regulate freelance work or self-employed workers. However, the bulk of cultural workers and artists are somehow employed in state institutions, or are members of creative unions (which is equal to employment under the terms of paid membership fees).

The Labour Code allows for fixed term employment contracts, which are convenient for directors of theatre or music companies; however, cultural and art workers prefer and insist on indefinite term employment agreements. Some of the Labour Code clauses regulate participation of children in cultural work and use of art works, as well as artists' work at night, on holidays and festival days.

In 1993, special legal provisions were made for outstanding creative workers employed in the state institutions and gave directors the power to determine their salary without limitations. In 1994, and in 1996, special Federal Government Acts established a minimum rate of remuneration for filmmakers, artists, writers and others. Creative workers employed in state funded institutions and those working in the mass media receive salaries, honoraria and fees.

Last update: February, 2013

Generally, copyright is regarded as a particular form of intellectual property. The copyright system developed in the 1990s was nearer to the droit d'auteur tradition. The system was harmonised with European and international regulations especially in matters concerned with new technologies in the arts, in communication and dissemination. Russia became a signatory to the Geneva (of 1952, 1971), Rome (1961) and Berne Conventions. In June 2008, Russia also joined the WIPO Copyright Treaty agreement.

Joining the WTO put forward restrictions in legislation and its applications against piracy. However, sentences pronounced in the courts for violations of intellectual property rights before 2008 were mainly suspended, which could not stop criminality.

New and stricter regulations were introduced on 1 January 2008 in the Fourth Part of the Civil Code that replaced all the previous legal acts on authors' rights and widened legal responsibility for violations. The regime of collective managing of author's rights and neighbouring rights was also tightened. Though the Code presupposes free use of works for cultural needs, some of its statements misbalanced the rights of authors (rights reinforced) and fair use.

Author's rights are applied to works of science, literature and art, regardless of their purpose, quality and means of expression, both to published and unpublished works in any form, including derivative works (translations, music arrangements, etc.). The Law protects the work in its entirety, its parts and fragments, title and characters; the editor and producer became subjects of author's rights. Novellas of the Civil Code IV have tightened punishment for copyright violations and widened its protection by introducing publisher's neighbouring rights and artist's rights on performance. The list of authors protected by the Law was also extended to collaborators on collective works: scriptwriters, film directors, etc. In April 2008, the Governmental Act introduced author's fees for public resale of their works.

Last update: February, 2013

The Law on Personal Data Protection(2006) and the Law on Information, Informatisation and Protection of Information (2006) were adopted following the ratification (2005) of the related Council of Europe Conventions and introduced obligatory protection of personal data disposed of by all the institutions. These laws concern cultural institutions as well but are not extended to archival stocks; since 2010 they are fully enforced. The Fourth Part of the Civil Code (2008) also introduced regulations for the use of personal images.

Last update: February, 2013

The Constitution states equality of all languages (see chapter 4.1.1); language discrimination is forbidden. The Constitution clauses are detailed in the special Law on Languages of the Peoples of the Russian Federation (1991), amended in 1998, and in the Law on the State Language of the Russian Federation (2005), which emphasises the special role of the Russian language as the means of national communication, and protects and regulates changing its literary norms.

Each Republic-Member of the Russian Federation (except Karelia) uses its right to establish its own state language. Those languages are to be used in official paper work and public spaces as equal to Russian. For example, in the Mari El Republic, the Law on the Languages of the Mari El Republic states publication of important information in the two languages – Mari and Russian. However, changing the graphics (alphabet) may be approved only by a federal law.

The Law on the Rights of Indigenous Peoples (1999) supports the use of related languages. The Law declares support for the use of all the other languages: minorities, whatever their number or administrative affiliation, are entitled to use their mother tongue in everyday life, in official documents of local importance, in the mass media (press, regional radio and television, etc.) and literature.

In 2001, the Russian Federation signed the European Charter for Regional or Minority Languages and since then its clauses are discussed within the special inter-ministerial working group. The decision-makers acknowledge that ratification will introduce important modifications to the systems of Law, education, justice, administration and mass media. Some are troubled by the implications and see the ratification as undermining tolerance and even the unity of Russia by abating the Russian language.

Last update: February, 2013

For many cultural institutions, the Law on Introduction of Improvements into Particular Legal Acts of the Russian Federation in View of Advancing the Legal Status of the State (Municipal) Institutions, which is in force from 1 January 2011 is crucial. It aimed to foster the self-dependence of the state and municipal institutions as they were to acquire more freedom both in management and the search for extra funding. The government believed that the status of an "autonomous" organisation would be very attractive for cultural institutions; however, experts expect that many (theatres, museums, etc.) will not adapt to the new situation.

The Law on Placement of Orders on Goods and Services Delivery for State and Municipal Requirements, which introduced tendering into all the activities of state funded institutions including artistic and creative ones, is also very important for cultural institutions. From 1 January 2011, e-tendering is the main method of the order placement. In the cultural sector, it has negative effects because e.g. in the bidding on production of the scenery for the new theatre performance the lowest price is to be the crucial factor, which means that in fact the artistic quality has to give way to the minimal cost notwithstanding other features of the winning proposal.

The Law on Transfer of Property of Religious Intent Owned by State or Municipality to Religious Organisations elaborated by the economic development Ministry and adopted in November 2010 was publicly debated and strongly criticised by culture professionals. The Law presupposes a simple transfer procedure of built heritage objects including those particularly valuable. Related discussions have reviled terminological lacunas in the actual legislation overall and the need to introduce juridical notions of e.g. "kremlin" (citadel) or "museum-reserve" and to define their status more exactly.

Last update: February, 2013

In 2000, legislation on culture was defined as a separate legal branch. Nevertheless, it was widely debated whether the overall legal system should be based on general laws (namely Land, Labour, Taxation, Customs Codes, etc.) or sector specific legislation, such as the cultural sector. The former approach now prevails, with provisions for future amendments. Thus, a number of general regulations and laws (which mention "particularities" regarding artists' legal status) established the legal and normative basis for the entire cultural field. In the 1990s, international conventions were adopted and other regulations filled in the blind spots and improved the federal legislation. Division of jurisdiction produces a two level regulation system for the cultural sector, in which federal legal statements can serve as a framework or be interpreted as recommendations.

The Ministry of Culture has the competence to draft related laws; it also produces secondary legislation and plans to introduce a system of cultural standards. Since the 1990s, all the members of the Russian Federation develop their own cultural legislation as well, which sometimes differs from federal legislation. This situation produces a problem of harmonisation with federal laws and of developing regional legislation on culture with priorities given to local issues. All this results in an uneven cultural situation within territories (correlating to differences in economic development). Implementation practices remain poor in general and criticism of good laws and bad juridical practices is common.

At the federal level, most legal acts were adopted in the 1990s and became inconsistent with the fast pace at which Russia's society is changing. The second reason for legal improvements was the general administrative reform, which is why discussion of new laws and novellas (new legal statements) became routine. For example, the Basic Law of the Russian Federation on Culture (1992) was produced as a sort of "cultural constitution" on human and cultural rights and liberties, and the rights of ethnic groups and minorities in the cultural sphere. It determines the state's responsibilities with regard to culture and arts and sets out cultural policy principles. By 2012, out of its 62 Articles, 24 were improved and 9 revoked. In 2013, the Law was amended by the special article on the annual State Report on the State of Culture in the Russian Federation to be submitted by the Russian Government to the Federal Assembly and for public discussion. The Report is to present objective, accurate, analytical information on culture and main trends of its development.

In 2010, a draft version of the new Law on Culture in the Russian Federation was elaborated to introduce i.a. a new and wider understanding of culture, which was close to that use by UNESCO. Public and parliamentary debates on the draft have demonstrated that the "sectorial" understanding of culture remains; the draft was laid aside though a need for the new law on culture is acknowledged.

The juridical status of cultural institutions evolves towards "desetatisation" while diversifying organisational forms in the cultural sector is seen within its strategic development. In 2006, the Law on Autonomous Organisations was adopted within the budget restructuring process to stimulate cultural institutions leaving the "state harbour". The Law on the Introduction of Improvements into Particular Legal Acts of the Russian Federation to Advance the Legal Status of State (Municipal) Institutions (2010) has the same goal and presupposes division of cultural institutions into fiscal and budgetary institutions, the latter having wider financial self-governance. Special stimuli were also introduced by the Law on the Introduction of Improvements into Particular Legal Acts of the Russian Federation on the Support of Socially Oriented Non-Commercial Organisations (2010). The Law on Formation and Use of Endowments by Non-Commercial Organisations, accepted in 2006, provided a legal basis for funding NGOs, however a real introduction of such new practices requires time.

In the early 2000s, efforts were made to produce a special legal framework for artists. A Law on Creative Workers in Literature and Arts and on their Creative Unions has twice passed through the Parliament and has been twice declined by the President, as it was perceived to provide privileges and exemptions from existing laws. The following three laws regulate the status of creative unions and other public organisations of artists based on their professional activities within the particular art sector:

• Law on Public Associations (1995);
• Law on Non-Commercial Organisations (1996); and
• Law on Professional Unions, their Rights and Guarantees for their Activities (1996).

In addition, there are acts of a more general character that have yet to be mentioned, e.g. the Law on Advertising (2006), which regulates the field more strictly, puts limitations on advertising in the mass media and particularly on TV. The Law forbids interrupting programmes for children, religious and educational translations for advertising and insists on the copyright holder's consent on interrupting films or theatricals; it also limits the use of cultural institutions and heritage objects in advertising. In 2007, amendments to the Law lowered advertising time from 12 to 8 minutes per hour.

Last update: February, 2013

The legal notion of heritage does not include intangible heritage; its normative basis still includes several articles of the Soviet Law on Preservation and Use of Monuments of History and Culture (1978). It is established by the following laws:

• Law on Export and Import of Objects of Cultural Value (1993);
• Law on the Museum Collection of the Russian Federation and on Museums in the Russian Federation (1996);
• Law on Cultural Values Displaced to the USSR as a Result of the Second World War and Remaining on the Territory of the Russian Federation (1998);
• Law on Objects of Cultural Heritage (On Monuments of History and Culture) of the Peoples of the Russian Federation (2002); and
• Law on Archive Affairs in the Russian Federation (2004).

The State Code of Particularly Valuable Objects of Cultural Heritage of the Peoples of the Russian Federation lists the first priority heritage objects. It includes museums, libraries, archives, theatres, higher school institutions, etc. in order toprotect them from financial cuts and privatisation. The Law on Displaced Cultural Objects (1998) is used as a basis for laws on particular restitutions, e.g. of the books of the Sárospatak Calvinist College (2006), and of the Marienkirche stained glass to Germany. There are additional acts that regulate licensing, restoration, the antiquarian trade and other matters of heritage aimed at preservation and recording.

The Law of 2002 on Culture Monuments treats immovable objects and pertinent paintings, sculptures, decorative arts objects, etc. as a heritage unit and determines related responsibilities of the state and local authorities, funding, preservation, use and protection of heritage items. It also regulates state registration rules, the status of different types of heritage including reserves and historical settlements, and terms of the leasing agreements. Article 48 establishes the rules of owning, using, and disposing of heritage units that can be a federal, municipal, private property or a property of the Region or another type of property.

The Law includes special clauses for privatising or for the already privatised objects of cultural heritage, together with the related rights and responsibilities of the proprietors. Its clauses on privatisation were suspended until 1 January 2008 as the secondary legislation needed for a planned transition to other types of property was not developed yet. The Law was praised for its content, but was ineffective until 2006, because of the gaps in related secondary legislation. It gave impetus to active discussions and even fears among the heritage workers' community, which is not keen to privatise heritage.

In 2010, the issue of owing heritage objects was put at the core of public discussions related to adoption of the Law on Transfer of Property of Religious Intent Owned by the State or Municipality to Religious Organisations. The experts doubt the preparedness of religious organisation representatives to properly maintain such objects and to fulfil the constitutional cultural right of public access to cultural heritage (see also chapter 3.1).

In October 2004, land legislation was improved in order to give churches and monasteries a possibility to privatise their land or to use it without any charge. In 2006, mandatory "open lists" were introduced for all those practising archaeological excavations and punishment for non-submission of discovered archaeological items to the Museum Collection of the Russian Federation.

Last update: February, 2013

Theatre workers were most successful in lobbying for their professional and social interests and were first to receive support from the Ministry of Culture based on special governmental acts, e.g. the Act on State Support for Theatre Art in the Russian Federation (1999). It introduced Theatre Statutes and special statements on funding of state and municipal theatres. Theatre professionals, for many years, lobbied for the special Law on state support for theatres but were unsuccessful. The administration believes that theatres can be self-supporting and it was expected that the Law on Autonomous Organisations would be firstly applied to theatres and performing companies, giving them more independence in allocation of income. In 2008, the State Duma dismissed the draft of the Law on Touring and Concerts in the Music Business.

In 2009, amendments concerning artistic works were introduced into the Law on Placement of Orders on Goods and Services Delivery for State and Municipal Requirements; however tendering remained obligatory for scenery and costume productions, which are considered a type of business activity. In 2010, special Parliament hearings were devoted to legal regulations needed for theatres and theatre workers again raised the issue of a special law for the theatre. As the result, it was proposed to elaborate a concept of theatre sector development until 2020 that could serve as a basis for drafting the law.

Last update: February, 2013

General laws regulate designers' and visual artists' activities; special acts adjust restitution of art works, payment of authors' fees, sales of art works by authors and their acquisition. There are special professional deductions for materials and expendable supplies used by artists or writers who receive authors' fees or reimbursements for creation, performance or other use of artistic or literary work in the Taxation Code. Conflicts of interests in relations of artists and their Unions with authorities concerning their rights to keep their studios or exposition halls are sometimes very strong and regulated based on special juridical acts at ministerial, regional or local level.

In the 1990s, special governmental acts were produced on state protection and support for folk crafts as a form of cultural industry. In 1999, the Law on Folk Arts and Crafts was adopted in support of their development within the market economy.

Last update: February, 2013

The Law on Libraries (1994) and the Law on Statutory Deposit of Documents (1994), the latter also concerned with audiovisual products, were adopted in times of severe crisis in cultural institutions and a weakness of legal enforcements. Their main task was to provide for public access and preservation of public libraries as socially important institutions. However, the latter was ignored for almost a decade by some publishers; all these resulted in gaps in national library collections of that time.

An updated version of the is under elaboration. Its most important novellas are to be concerned with Internet resources preservation and e-libraries. The restrictions in the copyright legislation introduced in 2008 by the Fourth Part of the Civil Code stated the immunity of literary works and jeopardised the issues of producing copies of documents for readers and use of digitalised books. In 2009, the novellas of the Law on Libraries introduced the notions of the "library collection", "national library collection", and "book monument" that filled in the blind spots in the legal protection of this type of heritage. The priority of preservation over access for the "book monument" was stated.

Last update: February, 2013

Film, video and photography

The Law on State Support for Cinematography in the Russian Federation was adopted in 1996. It gave temporary advantages to the film industry (tax and custom duty exemption, for example) that were never fully implemented. However, it did provide about 80% of non-budget financing. Tax incentives for private investors expired in 2001 and were substituted with public funding.

State funding is provided for films that obtain National Film status, which means that all its materials and statutory copies are submitted to the State Film Fund of the Russian Federation. A dissemination license is provided after giving a copy to the state depository; however, services provided by cinema theatres are not included in the list of cultural ones. The statutory deposit is also given to the Sate Fund of Television and Radio Programmes, Russian State Film and Photo Archives, and the Russian State Audio Archives. Amendments to the Law, adopted in February 2006, eliminate the requirement for the Ministry of Culture to keep the State Register of Cinematographic Organisations.

In 2001, two Presidential Decrees were issued in order to restructure film production and film distribution through turning film studios and other related enterprises into joint stock companies. An important issue for the sector is that remuneration for production and distribution is regulated by special governmental acts, which underpin the key financial role of film producers.

General laws concerned with production and commercial activities regulate audiovisual productions, including those dealing with issues of public morality, control over the dissemination of pornographic material, etc. Specific legislation in the field firstly regulates legal production, licensing (of audiovisual material and phonograms, computer programmes and DB introduced in 2008), dissemination and screening. These measures are aimed at fighting piracy and at protection of the market against illegal production, which is in high demand due to lower prices, however they still remain ineffective.

Mass media

The Law on the Mass Media, adopted in 1991 and recently amended has confirmed the freedom of obtaining, producing and disseminating information; of establishing, owing, using, and disposing of mass media; banished censorship and prohibited misusing the freedom of mass information (Article 1, 3, 4). However, provisions for implementation of these freedoms were not very clear while mechanisms to enforce its goals were few. In spite of that, the Law is believed to be an important step towards implementation of civil rights for information and speech. The Civic Chamber Report of 2006 evaluated the Law on the Mass Media as a liberal achievement and insisted on its proper enforcement. In 1995, a special Law on State Support for Media and Book Publishing and a Law on Economic Support for Regional (Municipal) Newspapers were adopted.

In the 2000s, juridical practice in the field developed and the trial of media or journalists became a more usual means for settling conflicts, including numerous claims of defamation. The professional community insists on further development of legal regulations in the field including reformation of state owned media into public or private organisations and lobbies for adoption of a Law on Guarantees of Economic Independence of the Mass Media. Journalists also criticise the Anti-extremism Law for too broad an interpretation of its basic notion that could be extended to critical publications. Self-regulation in a charter form is becoming more important in the field though a professional concern among broadcasters, publishers and journalists with a public mission grows slowly.

The new draft of the Law on Mass Media elaborated by the Russian Journalists' Union and published in 2008, became an important professional event. The draft aims to clarify principle definitions, and to adjust its clauses to realities of the media market. The new Law will be harmonised with the Civil and other Codes and the anti-extremist legislation. It will improve protection of journalists' rights, will specify economic regulations within the mass media sector, will reinforce independent public regulators, will settle the issues of licensing in view of changing to digital formats, and will match national broadcasting practices to the norms of support for public broadcasting stated in the document of the CE and UNESCO.

Last update: February, 2013

Legal acts in the field were established in the 1990s including the following laws:

• Law on Architectural Activities in the Russian Federation (1995);
• Law on Specially Preserved Natural Territories (1995);
• City Planning and Construction Code (1998); and
• Law on Environment Preservation (2002).

The laws concerned with natural reserves and other preserved items are aimed i.a. at protecting cultural and natural milieu from distortions and ruin. The Law on Architectural Activities in the Russian Federation regulates relations within professional activities in order to provide for secure and favourable milieu, support for the development of architectural art, and protection of the built heritage, historical monuments and natural landscapes.

The issues concerned with preservation of historical landscapes, regulation of protective zones and regimes of preserved territories are dealt with in the Land Code, to which all of the city planning documentation in the cultural heritage preservation offices must adhere. Renovation and restoration works for immovable heritage objects are placed on the list of licensed activities. Recently, the land property issues became of principal importance for preservation activities, however many cultural institutions have not properly documented their land rights.

In 2009, the Governmental Act introduced special subsidies from the federal budget to the Russian Academy of Architecture and Construction intended to support fundamental research, provision of state-commissioned services to Russia citizens, and to invest in development of proper research, and productive and social infrastructure.