Law of Ukraine

On Publishing

(The Official Journal of the Verkhovna Rada of Ukraine (OJVR), 1997, Nо. 32, p. 206)

(As amended by the Laws of Ukraine

Nо. 3047- III (3047-14) of 7 February 2002, OJVR, 2002, Nо. 29, p. 194

Nо. 762-IV (762-15) of 15 May 2003, OJVR, 2003, Nо. 30, p. 247

No. 1268-IV (1268-15) of 18 November 2003, OJVR, 2004, Nо. 11, p. 141

No. 1407-IV (1407-15) of 3 February 2004, OJVR, 2004, Nо. 16, p. 238

No. 2707-IV (2707-15) of 23 June 2005, OJVR, 2005, Nо. 33, p. 429

No. 2855-IV (2855-15) of 8 September 2005, OJVR, 2005, Nо. 51, p. 553)

This Law shall determine general grounds of publishing and regulate the order of organization and conducting of publishing activities, distribution of publishing products, terms of interrelations and functioning of subjects of publishing.

According to the Constitution of Ukraine (254k/96-VR) this Law is designed to facilitate the national and cultural development of the Ukrainian nation, citizens of Ukraine of all nations, strengthening of their spirituality and morality, access of society members to common values, protection of rights and interests of authors, publishers, producers, distributors and consumers of publishing products.

Title I

GENERAL PROVISIONS

Article 1. Definitions

For the purpose of this Law the terms below shall be used in the following meaning:

author – a physical person, who created a work of art (document) by his/her creative effort;

customer – a physical person or a legal entity that orders publishing products, assuming certain financial obligations;

publisher – a physical person or a legal entity accomplishing preparation and publishing of an edition;

publishing house – a specialized enterprise whose main activity is preparation and publishing of publishing products;

publishing organization – an enterprise, institution or organization, whose charter inter alia envisages preparation and publishing of publishing products;

publishing products – a set of editions designed for publishing or published by a publisher (publishers);

producer of publishing products – a physical person or a legal entity that produces an ordered number of printed copies of edition;

distributor of publishing products – a physical person or a legal entity, involved in distribution of publishing products;

consumers of publishing products – physical persons, enterprises, institutions, organizations;

edition – a work (document) that underwent editing and publishing processing, produced by printing, stamping or otherwise, contains information aimed at distribution and meets all requirements of state standards, other legislative acts related to publishing design, printing and technical performance;

circulation – a number of produced copies of the edition;

International Standard Book Number (ISBN) – a number that identifies any book or brochure of a certain publisher at the international level;

state subject (complex, target) program – a program approved in compliance with the established procedure with respect to publishing of socially necessary editions with determination of the circulation, volume, term of publishing and sources of funding;

socially necessary editions – a priority types of edition to satisfy national needs.

Article 2. Publishing

Publishing shall mean the sphere of social relations, combining organizational and creative, production and economic activity of legal entities and physical persons, involved in creation, production and distribution of publishing products.

The components of publishing are as follows:

publishing activity is a set of organizational, creative and production measures aimed at preparation and publishing of publishing products;

production of publishing products is production and technological process of reproduction within the determined circulation of a publishing original by printing or other technical means;

distribution of publishing products is bringing publishing products to the consumer both through trade network and otherwise.

Article 3. Purpose of Publishing

Publishing is aimed at:

satisfaction of the needs of a person, society, state in publishing products and generating profit from this activity;

creating opportunities for self-identification of citizens as authors regardless of their race, skin colour, political, religious and other beliefs, sex, ethnic and social origin, property status, place of residence, language or other signs;

ensuring the right to freedom of thought and speech, to free expression of views and beliefs;

contributing to the national and cultural development of the Ukrainian nation through an increase of the total number of circulations, volumes and widening of subject coverage of the Ukrainian publishing;

ensuring access of the Ukrainian society to generally accepted human values by means of translating into the state language of best pieces of the world literature, science, etc., establishing cooperation with foreign publishing houses, the Ukrainian diaspora, entering into corresponding international agreements;

publishing books in Russian to satisfy cultural needs of the Russian population in Ukraine taking into consideration imported printed products;

publishing books in the languages of national minorities residing in Ukraine;

increasing a number of editions in foreign languages to contribute to international awareness of Ukraine;

strengthening the material and technical base of the publishing and printing complex and the distribution network of publishing products;

contributing to providing foreign Ukrainians with native printed products (indent of Article 3 added according to the Law of Ukraine No. 2707-IV (2707-15) of 23 June 2005).

Article 4. Legislation on Publishing

Relations in the sphere of publishing shall be regulated by the Constitution of Ukraine (254k/96-VR), this Law and the Laws of Ukraine “On Information” (2657-12), “On Copyright and Related Rights” (3792-12), “On State Secret” (3855-12), “On Entrepreneurship” (698-12), “On Enterprises in Ukraine” (887-12), other legislative acts.

Article 5. State Policy in Publishing

State policy in publishing shall be determined by the Verkhovna Rada of Ukraine and based on the principles of observing freedom in publishing, resistance to its monopolization, strengthening of material and technical, organizational, legal and scientific grounds of publishing, guarantees of social and legal protection of its employees.

State policy in publishing is aimed at support of development of the national book publishing, saturation of the market with Ukrainian editions, library funds, satisfaction of needs of educational and scientific institutions, the Armed Forces of Ukraine and other military formations, law-enforcement bodies, enterprises, institutions and organizations with necessary editions in the state language.

State policy of support of national minorities’ cultures in publishing shall be implemented through corresponding bodies of executive power with involvement of national and cultural societies.

The Cabinet of Ministers of Ukraine shall ensure implementation of the policy in publishing, direct and coordinate the work of ministries and other bodies of executive power in this sphere.

State policy in publishing may be specified and corrected through the laws of Ukraine based on research of the publishing market, analysis of needs, demand and supply in consideration of state printing statistics.

The state shall identify priorities as to publishing of socially necessary editions in order to ensure functioning of bodies of legislative, executive and judicial powers, health protection, science, education, culture, social protection of the population in compliance with state subject programs and on the ground of the state order.

State policy in publishing according to the set goal shall be also performed through tax, customs, currency and other regulation.

Article 6. State Support and Peculiarities of Privatization in Publishing

Privatization of book, newspaper and magazine publishing houses, printing and distribution enterprises of national importance that have on their balance premises and/or high technology lines for production of high-quality publishing products and distribution thereof, may be conducted by means of auction in accordance with the following procedure:

51 per cent of shares shall be retained by the state;

25 per cent of shares shall be transferred to incorporated printing and book-trading enterprises;

24 per cent of shares shall be transferred to legal entities – publishers that produce products at a given printing enterprise or distribute them through a given enterprise of wholesale book-distribution, transformed into open joint-stock companies or are open joint-stock companies. Shareholdings shall be distributed between those proportionally to volumes of printed and distributed products.

The state provides support to publishing houses, publishing organizations, printing and book-trading enterprises that produce or distribute at least 50 per cent of products in the state language and small-circulation (up to 5 thousand copies) editions in languages of small national minorities through granting benefits in terms of taxes and fees. Such support shall also be provided in case of exporting publishing products produced in Ukraine, and importing publishing products of home publishers, made in the Ukrainian language and languages of small national minorities, residing in Ukraine.

Publishing houses shall use the services of postal, telegraph and telephone communication organizations in accordance with the tariffs envisaged for budget organizations and institutions.

No support from the state shall be provided to publishing houses, specialized in publishing of products of advertising and erotic character.

Article 7. Publishing Support and Development Funds

Funds with international, national and local status may be set up to finance measures aimed at support and development of publishing, its technical and material, as well as scientific base.

Article 8. Languages in Publishing

In publishing languages shall be used in compliance with Article 10 of the Constitution of Ukraine (254k/96-VR), the Law pf Ukraine “On Languages in Ukraine” (8312-11) and other legislative acts of Ukraine.

All publishing products, designed for official and consumer use (letterheads, forms, receipts, tickets, certificates, diplomas, etc.) distributed through state enterprises, institutions and organizations shall be issued in the Ukrainian language.

The state shall encourage preparation, production and distribution of printing editions in the state language and languages of national minorities residing in Ukraine.

Compliance with the state language policy in publishing shall be ensured by corresponding bodies of executive power.

Title II

ORGANIZATION AND CONDUCTION OF PUBLISHING

Article 9. Organizational and Legal Forms in Publishing

Any organizational and legal form based on any ownership form that is envisaged by legislation may be used in publishing.

Article 10. Subjects of Publishing

Publishers, producers and distributors of publishing products shall be regarded as subjects of publishing.

Subjects of publishing in Ukraine may be: citizens of Ukraine, foreigners and stateless persons legally residing in Ukraine, legal entities of Ukrainian and other states.

Subjects of publishing shall establish legal, property, production relations with subjects of other areas of activity in accordance with legislation.

Subjects of publishing regarded as subjects of entrepreneurial activity shall follow this Law, the Law of Ukraine “On Entrepreneurship” (698-12) and other Laws of Ukraine.

Non-governmental, scientific, religious and other subjects of non-commercial activity, operating in publishing shall be governed by the Laws of Ukraine “On Unions of Citizens” (2460-12), “On Freedom of Conscience and Religious Organizations” (987-12) and other legal and normative acts.

Relations between subjects of publishing shall be regulated by special agreements concluded in compliance with legislation.

Article 11. Founder (Cofounder) in Publishing

The founder (cofounder) in publishing may be: citizen of Ukraine, foreigner and stateless person legally residing in Ukraine, legal entity of Ukraine and other state.

The founder (cofounder) in publishing shall approve the statute of the subject of publishing and shall be the owner (co-owner) of the property.

The founder (cofounder) in publishing shall be entitled to participate in developing a publishing program, recruitment of personnel, shall receive profit from publishing activity and sales of products.

The founder (cofounder) in publishing may represent a publisher, producer and distributor of publishing products in one person.

Article 12. The State Register of Ukrainian Publishers, Producers and Distributors of Publishing Products

In order to keep records of subjects of publishing the State Register of Ukrainian Publishers, Producers and Distributors of Publishing Products (hereinafter – the State Register) shall be maintained. Provisions on the State Register shall be approved by the Cabinet of Ministers of Ukraine.

Subjects of publishing are subject to being entered in the State Register in compliance with the procedure established by the Cabinet of Ministers of Ukraine.

Activity in publishing without being entered in the State Register shall be conducted by:

bodies of legislative, executive, judicial power - to release official editions with materials of legislative, other legal and normative nature, bulletins of judicial practice; (Article 12 (3) (2) as amended according to the Law of Ukraine No. 762-IV (762-15) of 15 May 2003

enterprises, organizations, educational establishments, scientific institutions, creative unions, other legal entities – to publish and distribute free of charge informational, bibliographic, reviewing, advertising editions, editions containing legislative acts on production and practical issues, professional and methodical materials, documentation for needs of statutory activities of publisher thereof, as well as materials in the form of manuscript, disseminated by means of technical devices.

Article 13. Application for Entering a Subject of Publishing in the State Register of Ukraine

The application for entering a subject of publishing in the State Register shall contain the following:

the founder (cofounder), including last name, name, patronymic, and corresponding passport data (for citizens); full name (for a legal entity); location, numbers of communications facilities and banking accounts;

full data on the subject of publishing;

languages in which publishing products are contemplated to be published or distributed – state, Russian, other languages of national minorities of Ukraine (specify), foreign languages (which);

sources of receipt of publishing products – home publishing houses, foreign (countries of origin);

sources of financial and material and technical supplies of activities of publishers, producers and distributors of publishing products.

The application on entry of the subject of publishing in the State Register shall be considered within one month.

Article 14. Registration Fee

A fee for entering the subject of publishing in the State Register shall be established, the size of which shall be equal the size necessary to cover expenditures required for entering the subject in the State Register. The size and the procedure of registration fee payment of shall be established by the Cabinet of Ministers of Ukraine.

Article 15. Changes in the State Register

Should the name of the subject of publishing, principal statutory provisions, the founder (cofounders), kind of activity in publishing be changed, corresponding changes shall be made in the State Register.

Article 16. Denial of Entering the Subject of Publishing in the State Register

The subject of publishing may be denied entering in the State Register in the event that:

the name, program goals, directions of activity of the subject of publishing are in conflict with Ukrainian legislation;

the application for entering in the State Register is filed (signed) by the person not authorized to do so;

the subject of publishing that has the same name is already entered in the State Register;

the application on entering in the State Register is filed after the court judgment on termination of activity of this subject of publishing takes legal effect.

Denial of entering the subject of publishing in the State Register shall be forwarded to the applicant in writing with specification of reasons of denial within thirty-day term from the date of filing the application. The denial may be appealed in court.

Article 17. Rights and Obligations of the Customer of Publishing Products

Customers of any publishing products may be: citizens of Ukraine, foreigners and stateless persons legally residing in Ukraine, legal entities of Ukraine and other states.

Purchase orders from customers – authors (co-authors), compilers (co-compilers), translators may be received by the publisher for editing and publishing processing, production and publishing of the following:

works of fiction, public and political, advertising, reference, educational, scientific, technical or application character;

statements, lectures, speeches, reports, sermons;

works of music with and without text;

dramatic, musical and dramatic works;

works of fine art;

photographs, illustrations, maps, plans, sketches;

translations, adaptations, annotations, resumes, reviews, adaptations for stage, other processing of works and adaptations of folklore (derivative works) with no damage inflicted to protection of works that have been translated, adapted or otherwise re-done; (Article 17 (2) (8) in wording of the Law of Ukraine No. 1407-IV (1407-15) of 03 February 2004)

collections of works, collections of adaptations of folklore, encyclopaedias and anthologies, collections of regular data, other made up works on conditions that they are the result of creative work performed with regard to selection, arrangement and placement of materials with no damage inflicted to the copyright of works constituting them as integral parts thereof; (Article 17 (2) (9) in wording of the Law of Ukraine No. 1407-IV (1407-15) of 03 February 2004)

other works (works, published at own costs, costs of patrons of art, sponsors, at the expense of charitable and other funds, etc.).

The customer shall determine the volume and circulation of edition, independently decide on its use or distribution.

The publisher shall have the right to be the customer to the producer and the distributor of publishing products.

Terms of performing the publishing products purchase order, rights and obligations of parties shall be stipulated by agreements between the author (co-authors), their heirs or the persons to whom the authors or their heirs have transferred their copyright and property rights to object of order, the customer, the publisher, the producer and the distributor determined in compliance with the legislation. (Article 17 (5) in wording of the Law of Ukraine No. 1407-IV (1407-15) of 03 February 2004)

Article 18. Publishing Houses, Publishing Organizations

The main structural unit in publishing shall be publishing houses and publishing organizations of different forms of ownership.

Publishing house, publishing organization shall act on the ground of their statutes (provisions) that stipulate their goal, objectives, functions and the order of activity.

Establishment and activity of publishing houses whose authorized funds have more than 30 per cent of foreign investments shall be prohibited.

Article 19. Guarantees of Rights of Publishing Houses and Publishing Organizations

The rights of publishing houses and publishing organizations are guaranteed by the Constitution (254k/96-VR) and laws of Ukraine.

Intrusion of state bodies, their officials, non-government organizations, individuals into organizational and creative activity of publishers, as well as censorship as a tool of control over ideological content of editions is prohibited. Only the content of information protected by legislation shall be controlled by corresponding state bodies.

Article 20. Rights and Obligations of the Publisher

Rights and obligations of the publisher in their relations with the author (co-authors) of a work in the field of science, literature and art, as well as with their heirs or the person to whom the authors or their heirs have transferred the copyright and property rights, or with persons owning rights to other objects of intellectual property are determined by the legislation of Ukraine on intellectual property. (Article 20 (1) in wording of the Law of Ukraine No. 1407-IV (1407-15) of 03 February 2004)

In consideration of specifics of publishing activities the publisher shall be entitled to:

develop own publishing program, identify scope and thematic direction of activity;

use publishing products published by own thematic program to ensure statutory activity, independently distribute publishing products or use the services of another distributor;

publish both promulgated and non-promulgated works of science, literature and art, regardless of their purpose, genre, volume and way of reproduction, expressed in written or any other form, acquire non-exclusive or exclusive property rights to these works;

accept orders from legal entities and physical persons on preparation and publishing editions, provide them with editing and publishing, and other services in accordance with the profile of its activity;

perform purchase and sale of publishing products in order to generate profit, provide services to subjects of entrepreneurial activity in retail and wholesale trade;

nominate - in compliance with the established procedure – works of science, literature and art published by the publisher for competition to receive state, public, international awards;

establish creative and production relations, cultural ties with publishers from other states;

participate in activities of international publishers’ organizations, represent its publishing products at national and international competitions, exhibits, fairs.

The publisher is obligated to:

perform its activity in compliance with legislation of Ukrainian, respect the rights of other subjects of publishing and economic activity;

facilitate strengthening of generally accepted human values, development of science, culture, satisfaction of spiritual needs of the Ukrainian nation, respect national dignity, national identity and culture of all nations;

observe regulations in the sphere of copyright and patent right, requirements of state and international standards, other legislative acts, regulating publishing;

control timely distribution by the producer of mandatory free and paid specimens of editions;

submit – in compliance with the established procedure – state statistical reports, information on published editions;

reimburse losses caused as a result of violation of legislation.

Article 21. Rights and Obligations of the Producer of Publishing Products

The producer of publishing products may be printing enterprise, other legal entity of any form of ownership, citizens of Ukraine, foreigners and stateless persons legally residing in Ukraine, or legal entities of other states, that hold in their possession means of printing production or copying devices.

The producer receives purchase orders to produce publishing products on condition that the customer has a document confirming the entry of the latter in the State Register as a subject of publishing. In the event there is no such document, only editions, specified in Article 12 (3) of this Law shall be accepted for production.

Terms and conditions of performing the purchase order on production of publishing products are determined by the agreement between the customer and the producer. Disputes between the customer and the producer shall be settled in court.

The producer of publishing products shall be responsible to the customer in accordance with legislation for accurate reproduction of the publishing original, observing requirements regarding the quality of production of each copy of the edition in the ordered circulation, state and international standards, technical specifications and other regulatory documents.

The producer is not entitled – without customer’s permission – to pass to anyone produced circulation of the edition or a part of it, publishing originals, models, photos or printing plates, except cases envisaged by legislation.

Production of additional circulation without customer’s permission shall be prohibited.

Producer shall be entitled to publishing activity once it is entered in the State Register in compliance with all rights and obligations envisaged for the publisher by this Law.

Article 22. Object of Publishing

The object of publishing is publishing products, distinguished according to state standards by:

target destination of editions – official, scientific, scientific and popular, scientific and production, scientific and methodical, production and practical, regulatory on production and practical issues, production and practical for amateurs, educational, educational and methodical, public and political, reference, advertising, fiction editions, editions for organizing leisure and recreation;

analytical and synthetic processing of information – informational, bibliographical, reference, reviewing editions, digests;

information signs – text, musical notation, cartographical, fine art editions;

format design of editions – books, sheet editions, booklets, posters, post cards, integral editions, card editions, toy books;

volume of editions – books, brochures, leaflets;

composition of the main text – mono-edition, collection;

periodicity of editions – non-periodicals, series, periodicals, editions with continuation;

structure of editions – series of editions, one-volume, many-volume editions, collection of works, selected works.

The object of publishing may be other types of publishing products determined by standards.

Article 23. Basic Data of Edition

Basic data of the edition is a set of information characterizing the edition, and appropriated for its external design, informing consumers, bibliographic processing and statistical accounting.

Each copy of the edition shall contain basic data.

Elements of basic data are as follows:

information on authors and other persons that were involved in creation of the edition;

title (main, parallel, key, alternative) of the edition;

over-title information; under-title information; basic information;

issuing data (number and date of issuing the document on entering the publisher in the State Register, volume of the edition, circulation, etc.);

classification indices;

international standard numbers;

copyright protection sing.

The list, contents and procedure of legalization of basic data for each type of editions shall be determined by standards.

Basic data shall be legalized by the publisher.

All book editions in Ukraine regardless of the language of the main text shall contain compulsory annotation and basic bibliographic information in the state language. The exception may only be editions in foreign languages, destined for distribution abroad or among foreigners.

Publishing of an edition without compulsory basic data is not allowed.

Article 24. Mandatory Copies of Editions

Mandatory copies of editions – copies of different types of circulated editions, sent to institutions and organizations in accordance with Ukrainian legislation.

Article 25. Distribution of Publishing Products

Distribution of publishing products shall be performed once the distributor is entered in the State Register.

Distribution of publishing products may be performed by means of its selling in retail and wholesale trade, free distribution or exchange on contractual basis.

Free distribution of publishing products may be performed for scientific, cultural and educational, charitable, advertising, and other purposes.

Establishment and functioning of publishing organizations with over 30% of foreign investments in their authorized fund is prohibited.

Exporting outside Ukraine and importing into Ukraine of publishing products shall be performed in conformity with Ukrainian legislation.

Article 26. Rights and Obligations of Distributors of Publishing Products

Distributor of publishing products is entitled to:

perform retail and wholesale purchase and sale of publishing products;

independently develop its production plans, identify scale of its activity, select publishing products by subject scope;

receive orders from legal entities and physical persons on distribution of publishing products, coordinate the order with publishers and producers of publishing products;

establish production relations with foreign publishers, producers or distributors of publishing products for the purpose of their importing or exporting.

The distributor is obligated to:

perform its activity in compliance with Ukrainian legislation;

submit state statistical reports on exporting outside Ukraine and importing into Ukraine of publishing products according to the procedure established by the Cabinet of Ministers of Ukraine.

Article 27. The Book Chamber of Ukraine

The Book Chamber of Ukraine is the state scientific institution in the sphere of publishing and informational activity that performs the following:

(Article 27 (1) in wording of the Law of Ukraine No. 2855-IV (2855-15) of 08 September 2005)

state bibliographic registration and centralized cataloging of all types of editions published in Ukraine with no exception;

collection and use of administrative information characterizing dynamics and tendencies in publishing;

(Article 27 (1) (3) in wording of the Law of Ukraine No. 3047-III (3047-14) of 07 February 2002)

analysis of trends of publishing products distribution, research of book market, its regional peculiarities;

acquisition and preserving complete and inviolable fund of the State Printing Archive – the main depository of all types of editions, published in Ukraine;

state standardization of publishing and library science, development and control over observing standards by subjects of publishing, as well as certification of databases;

elaboration and substantiation of short- and long-term forecasts of development of publishing and library science in Ukraine;

scientific research in the sphere of bibliology, bibliography, sociology of book and reading, preservation and restoration of documents;

scientific research and development of bibliometrical methods of identification of priority areas and the level of development of scientific research;

creation and publishing of current, cumulative and retrospective bibliographical guides, reference magazines, and scientific and analytical reviews, printed cards;

development and exploitation of bibliographical databases and bibliographic information networks;

organization of book exchange.

Funds of printed products and databases of the Book Chamber of Ukraine shall be under state protection and in ownership of the state.

The Book Chamber of Ukraine shall be entitled to receive free and paid compulsory specimens of all editions, publishing of which is performed by subjects of publishing in Ukraine according to the procedure established by the Cabinet of Ministers of Ukraine, shall provide generalized information thereof via mass communication media and dispatch it to media and information agencies of regional state administrations. (Article 27 (3) in wording of the Law of Ukraine No. 2855-IV (2855-15) of 08 September 2005)

The Book Chamber of Ukraine shall be subordinate to the central body of executive power that ensures implementation of the state policy in the sphere of mass information and publishing.

Article 28. Restriction of Rights in Publishing

Activity in publishing cannot be used for appeals aimed at liquidation of independence of Ukraine, change of the constitutional order by forcible way, violating sovereignty and territorial integrity of the state, undermining its security, illegal seizure of power, propaganda of war, violence, unleashing of interethnic, race, religious hostility, committing terrorist attacks, encroachment upon rights and liberties of a person, population health. (Article 28 (1) as amended according to the Law of Ukraine No. 1268-IV (1268-15) of 18 November 2003)

The following is prohibited in publishing:

production or distribution of products containing information attributed to unfair advertising, advertising with the use of caricatures of the state symbols of Ukraine (the State Coat of Arms, the State Flag, the State Anthem) in any form;

promulgation of information, data, evidence, advertising products and services that may cause harm to citizens, enterprises, institutions, organizations or the state;

production or distribution of publishing products of pornographic character or products propagating the cult of violence and cruelty;

production or distribution of publishing products, propagating religious dogmas that pose threat to life, health, morality of citizens, violate their rights and freedoms or call for violating the public order;

selling of publishing products without a permit of owner (co-owners) thereof, as well as selling conducted with violation of the Ukrainian legislation on intellectual property. (Article 28 (2) in wording of the Law of Ukraine No. 1407-IV (1407-15) of 03 February 2004)

Subject of publishing activity shall not have the right to disclose the data regarded as state or other secret, protected by legislation.

Violation of requirements as to observing standards, norms and regulations entails liability established by legislation.

The distributor shall not be entitled to distribute home publishing products published with violation of Ukrainian legislation and imported from abroad, and subject to restrictions, stipulated by this Article.

Article 29. Consumer Rights

The consumer shall have the right to: replacement of publishing products with printing or other technological defects; guarantee of performance in compliance with subscription obligations.

Title III

INTERNATIONAL COOPERATION IN PUBLISHING

Article 30. International Cooperation

International cooperation in publishing shall be conducted on the basis of international agreements, ratified by Ukraine, and Ukrainian legislation.

International cooperation in publishing is aimed at:

strengthening of material and technical base of publishing and printing complex by means of introduction of new technologies, involvement of foreign investments for these purposes;

intensification of cultural and scientific exchange with other states, widening participation in international exhibits, fairs, etc.;

creation of distribution network for home publishing products abroad, and for foreign products in Ukraine;

satisfying cultural, scientific, educational needs of Ukrainians living abroad.

Article 31. Participation in Foreign economic Activity

Subjects of publishing may participate in foreign economic activity in accordance with the procedure established by legislature.

Title IV

TERMINATION OF ACTIVITY IN PUBLISHING.

LIABILITY FOR VIOLATION OF THE LAW OF UKRAINE “ON PUBLISHING”

Article 32. Termination of Activity in Publishing

Activity in publishing shall be terminated:

on founder’s (cofounders’) initiative;

on the ground of a court decision;

on other grounds envisaged by Ukrainian legislation.

Subject of publishing shall be deemed as that terminated its activity from the moment it is excluded from the State Register.

Article 33. Responsibility of the Subject of Publishing

Persons, guilty of violation of this Law shall bear disciplinary, administrative, civil or criminal responsibility in accordance with Ukrainian legislation.

Title V

FINAL PROVISIONS

1. The Law of Ukraine "On Publishing" shall enter into force from the day of its publication.

Therefore other laws are brought in conformity with the regulations of this Law they shall be valid in the terms that do not contradict this Law.

2. Persons that according to this Law are subject to entry in the State Register are obligated – within one year after this Law is published – to file the application for entering in the State Register and acquire the right to publishing, production or distribution of publishing products.

3. The Cabinet of Ministers of Ukraine – within two months after publication of the Law of Ukraine “On Publishing” shall:

submit proposals on amending the laws of Ukraine resulting from this Law to the Verkhovna Rada of Ukraine;

develop and bring its legal and normative acts in conformity with this Law;

ensure reviewing and repealing by ministries and other central bodies of executive power of their legal normative acts that are in conflict with this Law.

President of Ukraine

L. Kuchma

City of Kyiv, 05 June 1997

No. 318/97-VR