Ukraine

Last update: November, 2017

The Constitution proclaims that:

• the state provides the framework for the consolidation and development of the Ukrainian nation, its historical awareness, traditions and culture and guarantees the free ethnic, cultural, linguistic and religious development of all indigenous nations and national minorities of the Ukraine (Article 11);
• Ukraine takes care of cultural and language needs of Ukrainians living abroad (Article 12);
• the freedom of literary, artistic, scientific, and technical creativity is guaranteed, intellectual ownership, authors' rights, moral and material interests related to different kinds of intellectual ownership are protected (Article 54); and
• "Cultural heritage shall be protected by law" (part 4, Article 54); "The State shall ensure the preservation of historical monuments and other objects of cultural value..." (part 5, Article 54); "Everyone shall be obliged not to harm nature or cultural heritage, and to compensate for any damage he / she inflicts (Article 66)".

Last update: November, 2017

The main provisions for the allocation of public funds for culture including the central and local level are established by the Budget Code of the Ukraine (2002, with amendments 2003-2013, 2016), especially Articles 86-93.

The Budget Law for each year is adopted in the previous year, and defines the current allocation of public funds for culture concerning the chief spending units.

Further increase in nominal expenditures for culture and art is planned in the Consolidated Budget of Ukraine for 2018. Such a positive trend will continue for the third consecutive year. There was an increase of 21,4% in 2016, 47,8% in 2017, and more than 10,0% in 2018 (to UAH 17 166,7 million). The increase in expenditure for culture and art will be funded from the State (UAH 4 385,2 million projected) as well as from regional budgets (UAH 12 781,5 million). Despite the real increase in the Consolidated Budget expenditure for culture and art since 2016, the levels for 2018 will reach the 2014 culture expenditures level. A similar situation occurs for education and health care fields (although education will be close to pre-crisis levels).

Last update: November, 2017

Chapter 6 (Social guarantees) of the Law on Culture (2011) establishes the structure and conditions of payment, social and legal security, material aid for cultural employees as well as benefits for those working in rural areas. The 2012 Budget Law envisaged the execution of Part 2 of Article 29 of the Law on Culture for transferring full tariff rates to cultural employees.

The government has established by Decree #1026 of 09.12.2015 that cultural employees of state and communal institutions would receive additional payment for 1) length of service (above 3 years – 10% of remuneration, above 10 years – 20%, above 20 years – 30%); 2) financial assistance for recuperation during vacation (salary); 3) financial assistance for social issues (salary).

Members of artists' unions (writers, painters, architects, musicians, theatre workers) have a right to receive a service pension, which is equal to the minimum pension. According to the law, they could also have access to premises for use as studios under preferential terms based on decisions by local authorities.

There is no government support programme related to health insurance or taxation for self-employed artists. The general unemployment schemes developed during the last years in Ukraine also include cultural professions and occupations.

Last update: November, 2017

The Tax Code of Ukraine (2010 with amendments 2011-2013, 2017) envisages (Article 197.1.31) VAT exemption for "creation, delivery, promotion, restoration and distribution of the national cultural product". In 2014, the Ministry of Culture developed explanations about creation, delivery, restoration and distribution of the national cultural product for the procedure established by the Government, including:

• music, dramatic, literature, fine arts, decorative, monumental and photography works created by domestic authors;
• theatre performances, concert programmes and circus programmes, festivals, contests, tours, museum exhibitions, art exhibitions, books – created or organised by culture organisations, professional associations or entrepreneurs – residents of Ukraine;
• music phonograms, audio and audio-visual works produced by culture organisations, professional associations or entrepreneurs – residents of Ukraine;
• excursion services related to historical and cultural sites, museums, exhibitions;
• research activities, expertise of cultural values, restoration works; and
• national film production, etc.

Culture activities (creation, research, promotion, translation), if it is a private/entrepreneur business, could be subject to simplified taxation (Tax Code, Article 291) with fixed rates.

The Law on Culture envisages (Article 13) the support of national producers in culture by creating favourable taxation conditions and providing government financial assistance for producing and distributing books, films and other kinds of cultural products in Ukrainian, inside and out of Ukraine.

There are no specific tax breaks or other such benefits for artists.

Last update: November, 2017

Article 28 of the Law on Culture (2011) defines that payment conditions for employees of state and communal culture institutions, and educational establishments in culture are determined by the Cabinet of Ministers of Ukraine, that is, by general labour laws. It means that wages of cultural employees, according to this law, should be equal to wages of employees in other economic areas. 

The Law on Professional Artists and Artistic Unions (1997) regulates relations between artists unions and the government, envisages government subsidies to support these organisations, and ensures their participation in the development of cultural programmes and decision making.

The Budget Code of Ukraine (2017 edition, Article 87, point 10, clause a) outlines government support to cultural unions or associations of national significance. There are 11 national creative unions registered in Ukraine and supported from the budget, including the All-Ukrainian Society "Prosvita". The total amount of their budget support has remained at the same level during the years 2014-2017, and is projected to be the same for 2018) – a little more than UAH 6 million – or when taking into account inflation, it has decreased almost by three times.

Last update: November, 2017

The Law on Copyright and Neighbouring Rights was adopted in 1994. In 1995, Ukraine joined the Bern Convention on the Protection of Literary and Artistic Works. In 2001, all necessary amendments were introduced into the Copyright Law. In 2002, the Parliament ratified the agreement to join the Rome Convention on Protection of the Rights of Performers, Phonogram Producers and Broadcast Organisations. Joining the WTO TRIPS Agreement required further harmonisation of the Ukrainian Copyright Law provisions to bring it into line with European and international regulations.

The Law on Distribution of Copies of Audio and Visual Products and Phonograms (2000) regulates norms of copyright and joint copyrights, protecting producers against broadcasters and other product users.

In April 2017, the President signed the Law of Ukraine On State Support of Cinematography in Ukraine adopted by Verkhovna Rada. The law defining peculiarities of film state support in Ukraine also outlines important changes related to the system of copyright and neighbouring rights. In particular, the document supplements Article 1 of the Law on Copyright and Neighbouring Rights by new concepts and their definitions: website, webpage, website owner, webpage owner, hyperlink, digital data, username, host provider, camcording, and card sharing. Website owners and service providers should indicate their contact information, the lack of which could lead to administrative responsibility in the form of a penalty. The law regulates the procedure to cease the violation of copyright and neighbouring rights through the Internet. The law widens the disposition of Article 176 of the Criminal Code of Ukraine. Camcording and card sharing are classified as criminal offences.

Last update: November, 2017

The Law on Information (1992, with amendments 2000-2012, 2014-2016) determines general legal principles for receiving, using, distributing and keeping information, secures its protection and defends an individual and society against incorrect information.

The Law on Data Protection in Information and Telecommunication Systems was adopted in 1994. Amendments and changes were introduced in 2004, 2009 and 2014. This Law and respective government resolutions are aimed at establishing regulative principles of legal relations concerning data protection in databases "under observance of property rights of Ukrainian citizens and legal entities to information and access to information". In other words, it deals with relations between owners of information or systems and users.  

The Ukrainian Law on Access to Public Information came into force on 9 May 2011 (amendments were introduced in 2014 and 2015). According to the law, access to information about the activities and decisions of public authorities should be provided according to the following procedure: the information should be published in the media and in official publications, provided on request, posted on official Web sites on the Internet, and provided through the information services of the public authorities. According to the document, information on the activities of the authorities is mandatory for disclosure.

In 2017, Verkhovna Rada adopted other laws related to data protection – On the main principles for ensuring cyber security of Ukraine and On electronic confidential services. The first determines legal principles of the state policy for cyber security taking into account cyber attacks toward public infrastructure of critical significance. The later was elaborated by the Ministry of Justice and Administration of the State Service for Special Communication and Information Protection of Ukraine with an objective to reform laws related to the electronic (digital) signature basing on EU practice.

Last update: November, 2017

The main principles of language policy of Ukraine are presented and defined in the Constitution of Ukraine and laws of Ukraine: Law on Languages, Law on Education, Law on Pre-School Education, Law on Secondary Education, Law on Vocational Technical Training, Law on Higher Education, Law on National Minorities in Ukraine, Law on Information, Law on Television and Radio Broadcasting, Law on Publishing, and Law on Printed Media (Press) in Ukraine. Besides, there are numerous normative and legal documents and government programmes formulating public policies in the area of national language and languages of national minorities.

On September 2017, Verkhovna Rada adopted a new Law of Ukraine On Education. Article 7 of the law states that instruction in secondary schools across Ukraine is to be conducted exclusively in Ukrainian. The provision changes the current situation, which is governed by the Law on the Principles of State Language Policy of 2012, that allows instruction to be provided in minority languages at schools in the regions where minorities represent more than ten per cent of the population – provided that the teaching of Ukrainian is ensured to the extent required for the socialisation of minority pupils (see chapter 2.5.4). 

In October 2017, the Law of Ukraine On amendments of some laws of Ukraine concerning language of audiovisual (electronic) media came into force. The law established a quota of 75% of programmes and films in Ukrainian for national TV channels and 60% for local channels, and 75% for news releases. According to the law, TV companies broadcasting in languages of nationalities living in Ukraine should have the total amount of broadcasting in Ukrainian and other languages at 75% of their working time, including no less than 30% in Ukrainian.

According to Transitional Provisions of the Law On amendments to some laws of Ukraine about the share of music pieces in the state language in programmes of TV and radio broadcasters, the share of songs in Ukrainian should constitute 30% instead of 25% as it was before. 

Last update: November, 2017

In October 2017, Verkhovna Rada adopted the Law of Ukraine On Amendments to the Law On touring activities in Ukraine (in terms of peculiarities for organizing and carrying out artistic tours with participation of citizens from the state-aggressor). Among others, it states that it is prohibited to organise artistic tours which promote or propagate the state-aggressor, its authorities or representatives of these authorities. It is prohibited to organise artistic tours if a person taking part in them constitutes a danger to the national security (if his or her name is in the special list of the Ministry of Culture).

Last update: November, 2017

According the Law of Ukraine on Culture (2011), the legislative framework of the cultural sector of the Ukraine consists of: the Constitution of Ukraine, the Law on Culture, other laws regulating activities in culture, international agreements on culture issues adopted by the Verkhovna Rada of Ukraine, and other by-laws. The culture sector is regulated also by:

• decrees of the Cabinet of Ministers of the Ukraine;
• Presidential Edicts, decrees, resolutions and instructions of the corresponding ministries and government agencies; and
• resolutions of local governments.

The Law on Culture, which was adopted after 7 years of discussions, replaced the out-of-date Fundamentals of Legislation on Culture (1992), taking into account numerous amendments and observations as well as social and cultural changes. The Law came into force on 6 January 2011.

In 2013, the Verkhovna Rada of Ukraine adopted the following laws: the Law on amendments to the Law of Ukraine on Ratification of European Convention on Cinematographic Co-Production (18.09.2013, #579-VII) providing legislative support to cinematographic co-products; the Law on Ratification of the Council of Europe Framework Convention on the Value of Cultural Heritage for Society (19.09.2013, #581-VII).

In 2016 and 2017, Verkhovna Rada of Ukraine adopted a set of important acts: the Law of Ukraine On Some Amendments to Legislative Acts of Ukraine Concerning the Introduction of Contractual Forms in Culture and the Competition Procedure for Appointing Managers of Public and Communal Cultural Establishments (2016), the Law of Ukraine On Some Amendments to Legislative Acts of Ukraine Concerning Improvement of Public Management in Book Publishing (2016), and the Law of Ukraine On Ukrainian Cultural Endowment (2017).

In 2013, the government adopted the Draft Law of Ukraine on the Concept of a State Ethno-National Policy of Ukraine. This bill is needed to bring a regulatory base in the sphere of inter-ethnic relations in line with respective international documents taking into account the conclusions of the Venice Commission and the Council of Europe Framework Convention for the Protection of National Minorities (see also chapter 4.2.4).

Table 8:    List of the main existing cultural laws

Last update: November, 2017

In general, more than 100 normative acts (laws, presidential decrees, governmental resolutions, and ministerial orders) form the legislative sphere of cultural heritage. At the same time, considering the development of the legislative base in other areas, it's necessary to adjust some of the provisions of the laws on protection of cultural heritage matching modern challenges.

According to the Budget code of Ukraine (2002), the different government levels can finance objects which are under their direct control (in other words, which have local, regional or national significance), which reflects, besides other matters, their level of responsibility. The policy of decentralisation which is realised in Ukraine since 2014, gives new possibilities for local governments but, at the same time, puts more responsibilities on them in various spheres, particularly, cultural heritage preservation and promotion. The Law of Ukraine On Principles of the State Regional Policy (2015) establishes the main legal, economic, social, ecological, humanitarian and organisation principles of the state regional policy as an integral part of the internal and economic policy of Ukraine.

Last update: November, 2017

A Law on Theatre and Performing Activities was adopted in 2004 by the Parliament of Ukraine and signed by the President in 2005. The Law "regulates social relations in the sphere of theatre activity, defines the order of theatre establishment and activities" including different types of theatres. In 2016, the Law of Ukraine On Some Amendments to Legislative Acts of Ukraine Concerning the Introduction of Contractual Form in Culture and the Competition Procedure for Appointing Managers of Public and Communal Cultural Establishments was adopted concerning theatre sphere as well. However, the contest procedure in theatres, as in other spheres, raised more questions and conflict situation, demanding next steps and corrections.

The Law on Touring Activities in Ukraine (2003) determines sources of support to the development of the national performing arts and music sector (see chapter 4.1.9).

Last update: November, 2017

There is no specific law regulating the sphere of visual and applied arts. The Law of Ukraine on Folk Arts and Crafts (2001, with amendments in 2004 and 2012, 2016) regulates relations in folk arts and crafts.

The Law on Education and government resolutions define the norms for students in visual arts and applied arts colleges and departments. The new Law on Higher Education approved by the parliament on December 2014 provides more autonomy and independence in decision-making to educational establishments, including culture and arts institutes.

The Law on State Procurements, revised annually (2017), determines the amount for public purchasing of works of art. However, this procedure, especially in the field of visual and applied arts, is ambiguous, provoking numerous conflict situations.

Last update: November, 2017

The Law on Copyright and Neighbouring Rights (1994, with amendments 1999, 2001, 2015-2017) and the Law on Professional Artists and Artists' Unions (1997) secure the right of authors and literary translators. Royalty rates for literary and translation activities established by the Cabinet of Ministers Resolution (2000) are based on the living wage and do not consider new market conditions. As a result, existing rates do not encourage such activities.

The Law on Publishing (1997, 2002) and the Law on State Support to Book Publishing (2003) determine the state policy and measures to provide conditions for the development of national publishing including the exemption of book producers from VAT since 2005, extended to 2015. On 13 February 2015, Verkhovna Rada approved the Law on Amendments to the Tax Code of Ukraine exempting national book producers from VAT.

The Law of Ukraine On amendments to some laws of Ukraine concerning the improvement of state management in book publishing (2016) envisages the establishment of the Ukrainian Book Institute with objectives to support book publishing, promote reading, stimulate translation activities, and promote Ukrainian literature all over the world (see chapter 2.9).

The Law on the 2017 Budget envisages allocating UAH 80 million for the state programme - “Support the Ukrainian Book Institute”. For 2018 the budget is envisaged to be UAH 94 million.

The Law on Libraries and Librarianship (1995, 1999, 2009, 2014-2016) regulates relations between the state and public libraries and determines the organisation of library activities in Ukraine.

Last update: November, 2017

Film, video and photography

The Ukrainian legislative base concerning the film industry is based on ca. 50 laws and by-laws. The Law on Cinematography regulates all film productions regardless of the legal / ownership status of individual film companies.

On the basis of the Law on the Privatisation of State Property (1992), most cinemas are now privatised or run by communities. According to the data of the State Film Agency, only 380 modern cinema theatres operate in Ukraine.

In April 2017, the President signed the Law of Ukraine On State Suport of Cinematography in Ukraine adopted by Verkhovna Rada. The law establishes that sources for the special fund for supporting the national film industry will come from the Ukrainian Cultural Endowment and the government. As it was indicated (see chapter 1.2.2) above, the objective of the newly established Ukrainian Cultural Endowment will be “to enhance the development of culture and arts of Ukraine, to provide favourable conditions for the development of intellectual and spiritual potentials of individuals and society, wide access of citizens to cultural wealth, and to support cultural diversity and integration of Ukrainian culture into the global cultural space”. The law also defines the amount of non-refundable government subsidies (80% for feature films and 50% for film series), cash rebates for film producers (16.6%) and other mechanisms.

Table 9:    Films created with state support in 2010-2013 and 2016

Source: State Film Agency of Ukraine, 2013, 2016.

Mass media

The Law on Television and Radio Broadcasting (1993, with amendments 2002-2017) regulates the activities of state and private TV and Radio companies in Ukraine. The National Council on Television (NCT) is a non-ministerial body for all broadcasters irrespective of their ownership status. It consists of 8 members, four of which are appointed by Verkhovna Rada of Ukraine and four – by the President.

The Law on Public Television and Radio Broadcasting (2014, with amendments 2015-2016), establishes the legal basis for the activity of Public Television and Radio broadcasting and determines the principles for activity of the National Public TV and Radio Company of Ukraine. The law defines the objectives for creating Public Television: to satisfy the information demands of society, to involve citizens in discussing and resolving the most important social and political issues, and to support formation of civil society.

The Law on Access to Public Information (2011, with amendments 2012-2015) provides access to public information in various ways: by systematic disclosure of information in official printed media, on official websites, at information stands, and in other ways; providing information by demand.

The government made several positive legislative changes in 2015. In February the Parliament approved the liquidation of the National Expert Commission for the Protection of Public Morals, a controversial body that was created in 2004 to enforce the observance of morality laws by the media. Amendments to the Criminal Code adopted in May 2015 increased penalties for crimes against journalists, including attacks, threats, abduction, murder and the destruction of property. 

The organization Reporters Without Borders RSF highlights significant progress by Ukraine in freedom of expression, rising in 2016 by 22 points among 180 countries to 107th place with the characteristics “visible problems”. This progress was one of three best results in the world.

RSF also notes that “authorities have adopted a number of reforms, including media ownership, transparency and access to state-held information, but wealthy businessmen still keep a tight grip on the media. The manifestations of a worrying information war with Russia include book blacklisting, bans on certain journalists entering the country and paranoid behaviour by intelligence services. In the lawless separatist-controlled areas in the east, there are no critical journalists and no foreign observers”.

See also chapters 4.1.6 and 4.1.7.

Last update: November, 2017

The Law on Architecture Activities (1999, 2006) defines legal and organisation principles of architecture activities in Ukraine. It also envisages wide public participation in decision-making process concerning construction and reconstruction of settlements.

The Law on Natural and Reserve Fund of Ukraine (1992) and the Law on Amendments to the Law on Natural and Reserve Fund of Ukraine (2000-2011) establish principles of preservation for reserved territories subject to architecture design.

The State Strategy for Regional Development for 2020 approved by the Cabinet of Ministers Resolution #385 of 6 August 2014, defines as one of its key priorities the territorial social and economic integration and spatial development. It could be reached, as the Strategy states, by a set of interconnected objectives, in particular: rational use of natural and resource potential, preservation of cultural heritage and the most valuable natural territories. The Strategy envisages: preservation of historical and cultural values and natural heritage, making them widely accessible; raising the awareness of citizens concerning the value of their living territories, involving them in its management; rational use of cultural and natural resources for economic development and employment; preservation of biological and landscape diversity; and preservation of authentic culture, traditions, customs, believes, rituals; etc.

State management in the sphere of protection of cultural heritage, regional development and spatial planning of inhabited places, and protection of the environment is conducted by the Cabinet of Ministers of Ukraine through corresponding bodies of executive power and special governmental bodies: Ministry of Culture of Ukraine (MCU), Ministry of Regional Development and Construction of Ukraine (MRDCU), Ministry of Environmental Protection of Ukraine (MEPU).