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The Law on Culture, which was adopted after 7 years of discussions, replaced the out-of-date Fundamentals of Legislation on Culture (1992), taking into account numerous amendments and observations as well as social and cultural changes.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
|Title of the Act||Year of Adoption|
|Laws setting out cultural policy frameworks or declarations of principle|
|Law on Culture||2011, determines legal principles, regulates social relations associated with creation, use, distribution and preservation of cultural heritage and cultural values and providing access to them|
|Law on National Minorities in Ukraine||1992, with amendments 2012, ensures equal political, social, economic and cultural rights and freedoms to citizens irrespective of their origin and supports the development of national cultures|
|Laws establishing the scope, operation(s), governing structure(s) and procedures for funding cultural institutions|
|Law on Information||1992, with amendments 2002-2005, 2010-2012, 2015-2016, confirms the right of citizens to information, freedom of expression|
|Law on Television and Radio Broadcasting||1994, with amendments 2015-2017, regulates activities of television and radio organisations in Ukraine and defines legal, economic, social, and organisational conditions of their functioning|
|Law on Public Television and Radio Broadcasting||2014, with amendments 2015-2016, establishes legal basis for activity of Public Television and Radio broadcasting, determines principles for activity of the National Public TV and Radio Company of Ukraine|
|Law on Copyright and Neighboring Rights||1993, with amendments 2015-2017, protects personal non-property and property rights of authors and their assignees|
|Law on Libraries and Librarianship||1995, 2008, with amendments 2014-2016, defines the status of libraries, legal and organisation principles of activities of libraries and librarianship in Ukraine|
|Law on Museums and Museum Activities||1995, 2009, with amendments 2014-2016, regulates social relations in the sphere of museum activities|
|Law on the National Archive Fund and Archive Institutions||1993, with amendments 2012-2015, regulates relations in the field of training, accounting, preservation and use of the National Archive Fund and other main issues related to archive science|
|Law on Governmental Support to Book Publishing in Ukraine||2003, with amendments 2015-2016, determines principles of state support to book publishing|
|Law on Professional Artists and Artists Unions||1997, with amendments 2014-2015, defines the legal status of professional artists, establishes legal, social, economic and organisational principles of activities of artists unions|
|Law on Cinematography||1998, 2010, 2015-2017, establishes legal norms of activities in the sphere of cinematography and regulates social relations in the field of production, distribution, preservation and exhibition of films.|
|Law on Theatres and and Performing Arts Activities||2005, with amendments 2015-2016, regulates social relations in the theatre sector, defines the legal status of theatres, their financing and how they are established|
|Law on Protection of Cultural Heritage||2000, with amendments 2014-2017, regulates legal, organisational, social, and economic relations in the sphere of preservation of cultural heritage|
|Law on Export, Import and Restitution of Cultural Goods||1999, 2013-2014, regulates preservation of national cultural heritage and development of international co-operation in the field of culture|
|Law on Distribution of Copies of Audio and Visual Products and Phonograms, Softs and Data Bases||2000, 2014-2015, regulates norms of copyright and joint copyrights, fulfilment of international obligations|
|Law on the List of Cultural Heritage Monuments Prohibited from Privatisation and the Law on Amendments to the Law of Ukraine||2008, 2010, 2012|
|Laws providing financing|
|Budget Code of Ukraine||2002, 2003-2013, 2017, defines allocation of public funds for culture between different levels of government|
|Law on Charity and Charitable Organizations||2013, 2014, 2016, defines general principles and objectives of charitable activities (Article 3, point 7: “culture and art, cultural heritage”|
|Law on Touring Activities in Ukraine||2003, 2017, establishes duties from foreign tour companies or individual performers for developing national performing art. See chapter 5.1.10|
|Tax Code of Ukraine||2010, 2014, 2015, 2016, 2017 – see chapter 5.1.5|
|Laws referring to the “status of artists”|
|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|
|Law referring to the principles of access to information|
|Law on Access to Public Information||2011, with amendments 2014, 2015, determines procedure for realising and ensuring the right to access information held by power structures, other administrators of public information defined by this law|