- Author:
Oleksii Herbych
- E-mail:
oherbych@gmail.com
- Institution:
Vasyl Stus Donetsk National University
- ORCID:
https://orcid.org/0000-0002-6802-6149
- Year of publication:
2020
- Source:
Show
- Pages:
125-139
- DOI Address:
https://doi.org/10.15804/ksm20200309
- PDF:
ksm/27/ksm2709.pdf
The article analyzes current state of economic activity in the field of cinematography in Ukraine and offers several approaches to its classification, in accordance with criteria defined by legislation of Ukraine. In particular, the following criteria of classification are proposed: parties involved into the activity and corporate objects, purpose of activity, availability of special terms (licensing, patenting, quotas), availability of state support. Emphasis is placed on lack of the term “type of cinematographic activity” in the relevant legislation of Ukraine. Both positive and negative aspects of economic activity in the cinematographic industry which currently affect the activities of economic entities are considered. Examples of different types of cinematographic activity in Ukraine are given as perceived through the prism of entrepreneurship and economic relations in general. Recommendations have been developed aimed to improve the state of cinematographic legislation in Ukraine - both at the level of laws and by-laws. Main types of cinematographic activity in Ukraine are substantiated and singled out on the basis of conducted research.
- Author:
Lech Jaworski
- Institution:
Uniwersytet Warszawski
- Year of publication:
2018
- Source:
Show
- Pages:
73-91
- DOI Address:
https://doi.org/10.15804/tpn2018.2.03
- PDF:
tpn/14/TPN2018203.pdf
Among the laws regulating the press activity, the main one is the obligation to register a daily newspaper or a magazine (Article 20 of the Press Law). The registration application should include the data listed in that Article. Giving the role of a registrating body to the courts and not an administrative body, due to their independent nature, fosters the implementation of the free press rule formulated in Article 14 of the Constitution and developed in Article 1 of the Press Law. The ban on preventive censorship and press licensing is included directly in Article 54 Section 2 of the Constitution (this regulation, however, allows introducing by an Act of Parliament an obligation to obtain a license to run a radio or TV station). The registration mode is a kind of broadly understood application system and it is not included in the press licensing model. Nor does it have anything to do with preventive censorship. Regulations of the Code of Civil Procedure on non-litigious proceedings apply for registration procedure, together with alterations resulting from the Press Law. Magazine registration has two main functions: 1) protecting the name of no longer existing press titles (at the same time protecting the publisher’s right for the press title); 2) protecting the interests of potential readers. The latter case concerns preventing the reader from being misled about the true identity of a given newspaper. The Constitutional Tribunal noticed that the regulation concerning the registration mode is a limitation of the freedom of speech. However, the Tribunal did not find such a limitation that would breach Article 54 Section 1 or Article 31 Section 3 of the Constitution. Publishing a newspaper or a magazine may be suspended if in a given newspaper or magazine the law has been broken at least three times in a year, which has been confirmed by a valid criminal judgment. The regulations do not stipulate the option of cancelling the registration. It is, however, possibile that its validity may expire. According to Article 45 of the Press Law, in force since 19 July 2013, a person publishing a newspaper or a magazine without a license or suspended is subject to a fine. Currently such actions consitute a misdemeanour, and not an offence.