The Verkhovna Rada of Ukraine notes that the parliamentary hearings on “Information Policy of Ukraine: the Present Situation and Prospects,” conducted in accordance with its Resolution of February 16, 1999 (# 430-XIV), have become a remarkable practical event in terms of the consideration and solution of urgent problems and tasks of the State in the information field [obtaining and dissemination of information through the mass media, etc.], as well as in terms of improvement of forms and methods of work of the legislative body of Ukraine.

The hearings were conducted on the basis of the Verkhovna Rada Committee on Freedom of Speech and Information in compliance with the international parliamentary pattern. Traditional for the hearings in Verkhovna Rada of Ukraine practice of participation of various public representatives in the public part of hearings was employed. Conducting hearings in such a fashion has made it possible to formulate conclusions concerning the conditions and prospects of the establishment of the State information policy, guaranty of political pluralism, freedom of speech, and democratic principles of information activities in Ukraine, as well as to point out the main directions and tasks of the State in its cooperation with political forces and the public in further development of the information field in Ukraine.

The most essential results of the parliamentary hearings are as follows: – confirmation of the correctness and relevance of the evaluations and urgent tasks delineated in the Resolution of the Verkhovna Rada of Ukraine of February 16, 1999 “On the Activities of the Cabinet of Ministers of Ukraine and Other State Power Bodies Related to the Guaranty of Freedom of Speech, Satisfaction of Information Needs of Society, and Development of Information Field in Ukraine;”

– expressed by public representatives and the participants of the hearings willingness for productive cooperation with State power bodies in establishing and conducting an integral State information policy, assuring information sovereignty of Ukraine, its national information, spiritual and cultural self-identification in the world.

The parliamentary hearings testified to the lack of constructive response on the part of the Cabinet of Ministers of Ukraine to the fact that the Verkhovna Rada of Ukraine evaluated its activities related to the guaranty of freedom of speech, satisfaction of information needs of the society, and development of the information field as unsatisfactory. The parliamentary hearings proved that the situation in the information field kept getting worse due to either inactivity or obvious opposition to the Resolution of the Verkhovna Rada of Ukraine of February 16, 1999 (# 430-XIV) on the part of the Cabinet of Ministers of Ukraine and other State power bodies, which were charged with specific responsibilities and assignments in accordance with this resolution.

Participants of the parliamentary hearings felt strong indignation because they stopped radio broadcasts of the sessions of the Verkhovna Rada of Ukraine and removal of video cameras of the National Television Company of Ukraine from the session hall on the very day of the public part of hearings, May 12, 1999.

On the basis of the results of parliamentary hearings on “Information Policy of Ukraine: the Present Situation and Prospects,” and taking into account their practical significance in the system of measures for the improvement of parliamentary work, the Verkhovna Rada of Ukraine resolves:

1. To obligate the Cabinet of Ministers of Ukraine, other State power bodies, and self-government bodies to unconditionally and strictly execute the Resolution of the Verkhovna Rada of Ukraine of February 16, 1999 “On the Activities of the Cabinet of Ministers of Ukraine and Other State Power Bodies Related to the Guaranty of Freedom of Speech, Satisfaction of Information Needs of Society, and Development of Information Field in Ukraine” (# 430-XIV);

To confirm the responsibilities and assignments imposed by the said Resolution on the Cabinet of Ministers of Ukraine, other State power bodies, as well as measures of perspective significance;

To demand from the Cabinet of Ministers of Ukraine, other State power bodies, and self-government bodies that they assure implementation of the provisions of the Resolution related to the elimination of considerable drawbacks in the information field and its perspective development as number one task.

2. Considering the critical evaluation, comments, proposals, and advice expressed during the parliamentary hearings, the Cabinet of Ministers of Ukraine, other State power bodies, and self-government bodies should concentrate more efforts on:

exact timely execution of the items in the State and local budgets related to financing activities of subjects of the information field, their realization of State orders, in particular, in the book-publishing and film industry, State support of the mass media, publishing houses and printing industry, film studios, cultural institutions;

development and practical establishment of minimum norms of financial provision of the State and communal mass media from the State and local budgets;

assurance at all levels of obligatory allocations for book-publishing, film industry, development of libraries and museums, and other urgent needs of the information field from the budget revenues obtained on the basis of radio and television commercials;

purposeful creation, in realistically short terms, of the conditions for the exemption from the VAT on the sale of domestic production and import of the production critical to the domestic mass media, book-publishing, and film industry, as well as on the distribution of printed periodicals, books, films for hire; introduction of the corresponding changes to current laws of Ukraine, and development of new legislative acts for this purpose;

consistent reduction to the socially available for the majority of population level of the charges for distribution of information production and communication services at the expense of their joint consolidated resources and capacities, restructuring and rise of profitability, absolute observance of the deadlines of transfer of their portion of subscription money (no later than January 5 and July 5 every year) to the editorial offices of periodicals;

implementation of new computer and information systems and technologies in communications on the basis of comprehensive expertise on their prospects, computation of economic and social effect, clear legislative regulation in accordance with the demand of information sovereignty and information security of Ukraine, prevention of realization by certain juridical and physical persons of their selfish ends disguised as usage of the achievements of scientific and technical progress.

The Cabinet of Ministers of Ukraine should assure consistent execution of these matters by central executive bodies on a planned perspective-oriented basis.

3. To oblige the Cabinet of Ministers of Ukraine to create conditions for the factual provision of compulsory quotas, as specified by the laws of Ukraine, of national film and video production in films-on-hire services and television, and establish upper and lower levels for foreign investments in the national radio and television industry and film production. To establish a nation-wide fund of film and video production in order to achieve this goal. To provide beneficial conditions for the expansion of national film and video production.

At the same time the Cabinet of Ministers should provide the efficient measures, aimed at facilitating the spread of information and spiritual and cultural production of Ukraine in foreign countries, prepare a relevant draft law and submit it for consideration by the Verkhovna Rada in 1999.

4. To notify the Cabinet of Ministers of Ukraine on its dissent responsibility for the implementation of requirements of item 4 of the Resolution of the Verkhovna Rada of Ukraine of February 16, 1999 No 430-ХIV concerning the banning of privatization and providing invariability of the status of enterprises which affiliated to the national joint-stock companies “Ukrainian Printing and Publishing Corporation” and “Ukrainian Television and Radio Broadcasting Company”.

To consider the resolutions and orders of the Cabinet of Ministers of Ukraine concerning the establishing these companies and ensuring their activities that were adopted with violation of the Constitution of Ukraine and a number of laws, ignoring the positions of local state administrations and local governments, professional conclusions of ministries and agencies as those which turned out to be an infringement on freedom of speech, the interests of free development of printing and publishing trade as well as TV and radio broadcasting, and should not be subject to implementation.

In connection with that to inform authorities of the Cabinet of Ministers of Ukraine, the State Committee for Information Policy of Ukraine, the State Committee for Television and Radio Broadcast of Ukraine, the State Property Fund of Ukraine, the National Agency for State Corporative Rights Management, national joint-stock companies “Ukrainian Printing and Publishing Corporation” and “Ukrainian Television and Radio Broadcast”, TV and radio agencies, printing enterprises and publishing houses, that, according to Articles 19 and 60 of the Constitution of Ukraine, no one can be forced to do such things which are not prescribed by the law, fulfill clearly criminal instructions or orders, and that the issue and implementation of such instructions and orders is legally prosecuted.

5. To propose to the Cabinet of Ministers of Ukraine to introduce the practice of appointment and dismissal of heads of regional state TV and radio agencies only after the agreement of such a matter with the relevant councils of people’s deputies.

6. As a supplement to item 8 of the Resolution of the Verkhovna Rada of Ukraine of February 16, 1999 No. 430-ХIV, to charge the General Procurator’s Office of Ukraine with the duty to perform revision of mass media issuing the materials which violate the rights and national dignity of citizens, stir up the national hatred, and to take the necessary measures in order to institute criminal proceedings against those who are guilty of issues of such materials, and in order to make similar cases never arise in the future.

7. To institutionalize deputy investigation in relation to prosecution of the opposition mass media by the State Tax Administration of Ukraine, the General Procurator’s Office of Ukraine and bodies of executive power of Ukraine.

To examine recent claims and reports concerning the involvement of the Security Service of Ukraine in such prosecutions.

To charge the Temporary Investigative Commission of the Verkhovna Rada of Ukraine, established by the Resolution of the Verkhovna Rada of February 16, 1999 No. 430-ХIV (item 2), with responsibility to perform such an examination in order to study the situation in the information field.

To report the outcomes of such an investigation to the Verkhovna Rada of Ukraine before September 15, 1999.

8. To draw the attention of the President of Ukraine and the Cabinet of Ministers of Ukraine to the necessity of consistent use of the address of the Verkhovna Rada of Ukraine, public representatives - participants of the Parliamentary hearings “Information Policy in Ukraine: the Present Situation and Perspectives” approved on May 12, 1999, as well as constructive ideas and recommendations of this address, forwarded to them in order to be used in their activities.

9. Committees of the Verkhovna Rada of Ukraine should examine, on the basis of proceedings of parliamentary hearings, evaluation, remarks, proposals, and recommendations which relate to the state information policy, development of the information field and close to it fields, to provide the implementation of remarks, proposals, and recommendations in accordance with the profile and goals of their activities.

Committees of the Verkhovna Rada of Ukraine on Freedom of Speech and Information should submit to the President of Ukraine, the Cabinet of Ministers of Ukraine, other governmental bodies, committees of the Verkhovna Rada of Ukraine the selection of the most important and essential proposals and recommendations, expressed during hearings.

The Cabinet of Ministers of Ukraine on the basis of proceedings of parliamentary hearings should submit the urgent draft laws on “Freedom of Speech and Information Activities” and work out the uniform complex perspective plan on subsequent law-making policy aimed at improvement of the information legislation of Ukraine, establishing the priority of the law and right in the information field, ensuring freedom of speech, state support of the mass media, publishing business, information infrastructure, and social protection of intellectuals.

To involve the National Journalist Union of Ukraine, the National Writers’ Union of Ukraine, other creative societies, fellowships, and organizations.

10. The Committee of the Verkhovna Rada of Ukraine on Freedom of Speech and Information should provide the efficient law-making and organizational activity aimed at adjusting the national statutes for television and radio broadcast companies, other state TV and radio agencies to the legislation of Ukraine.

To envisage in the draft law (draft laws) on these statutes the mechanisms of establishing the fully legal partnership of the Verkhovna Rada of Ukraine, as a co-founder of national television and radio broadcast companies, in the appointment of their presidents, compulsory participation of the staff of oblast and regional state TV and radio agencies in the appointment of their general directors.

The relevant draft laws should be considered during the fourth session of the Verkhovna Rada of Ukraine of the ХIV convocation.

11. The Publishing House of the Parliament of the Verkhovna Rada of Ukraine should issue in the form of a separate edition the proceedings of parliamentary hearings “Information Policy in Ukraine: the Present Situation and Perspectives.”

12. In January 2000 the Committee of the Verkhovna Rada of Ukraine on Freedom of Speech and Information should submit to the Verkhovna Rada of Ukraine analytical information on the course of implementation of this Resolution and proposals on the subsequent measures stemming from the state of its implementation.

13. Control over the implementation of this Resolution should be placed on the Deputy Head of the Verkhovna Rada of Ukraine V. V. Medvedchuk.

O. Tkachenko,
Chairman of the Verkhovna Rada of Ukraine