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Article 72.
 

Procedure for Using Electronic (Audiovisual) Mass Media


1. No later than ninety days prior to the day of voting, television and radio broadcasting entities of all forms of ownership shall publish in the printed mass media their rates per one minute (second) of air time. Television and radio broadcasting entities broadcasting on the nationwide channels shall publish such rates in the newspapers Holos Ukrainy and Uriadovyi Courier, while regional and local television and radio broadcasting entities shall publish their rates in the respective regional and local state-owned or municipal printed mass media.


2. Air time for conducting election campaigning shall be provided at the expense and within the limits of the funds of the State Budget of Ukraine allocated for preparation and conduct of the election, by the state-owned and municipal television and radio broadcasting entities between 19:00 and 22:00.


3. The broadcasting time (broadcasting schedule) of television and radio broadcasting entities that have licenses issued by the National Television and Radio Broadcasting Council of Ukraine for the right to use the nationwide broadcasting channels shall be adjusted (without changing the broadcasting volume) having regard to the time of broadcasting of the election campaigning programs at the expense of the funds of the State Budget of Ukraine allocated for preparation and conduct of the election, during the election process, so as to provide the regional stateowned and municipal television and radio broadcasting organizations with opportunities to broadcast such programs in respective regions.


4. Television and radio broadcasting entities shall provide each party that is an electoral subject with air time for election campaigning at the expense and within the limits of the funds of the State Budget of Ukraine allocated for the preparation and holding of the election, totaling no less than 60 minutes on a nationwide television channel and 60 minutes on a nationwide radio channel, and also 20 minutes for each one on the regional television channels and 20 minutes for each one on the regional radio channels in each of the regions. MP candidates registered in a single-member district shall each be provided with 20 minutes on the respective regional television channels and 20 minutes on the regional radio channels. The above time shall be provided to a party on each of the aforementioned channels in two equal parts of the total allocated time.


5. The preliminary air time schedule for broadcasting election campaign television/radio programs, with indication of the date and time of their broadcasting (without indicating specific participants in the programs), shall be compiled by state-owned or municipal nationwide and regional television and radio entities with which agreements have been concluded for the distribution, during the election process, of campaign materials of parties and MP candidates registered in single-mandate districts at the expense and within the limits of the funds of the State Budget of Ukraine allocated for the preparation and conduct of the election. Such schedule shall be forwarded to the Central Election Commission and respective district election commissions not later than fifty-seven days prior to the election day.


{Part 5 Article 72 as amended pursuant to the Law № 709-VII dd. 21.11.2013}


6. The sequence in which the parties that are subjects of election process will be provided with air time on the nationwide radio and television within the framework of the schedule mentioned in Part 5 of this Article shall be determined not later than fifty-three days before the election day by means of lot drawing conducted by the Central Election Commission, with the participation of the parties’ representatives in the Central Election Commission or authorized representatives of the parties. The sequence in which the parties that are subjects of election process and the MP candidates registered in a single-mandate district will be provided with air time on state-owned or municipal regional radio and television within the framework of the schedule mentioned in Part 5 of this Article shall be determined not later than fifty-three days before the election day by means of lot drawing conducted by the respective district election commissions identified by a decision of the Central Election Commission in each Ukrainian region, with the participation of respective representatives of the parties, MP candidates or proxies of MP candidates registered in singlemandate districts.


{Part 6 Article 72 in the wording of the Law № 709-VII dd. 21.11.2013}


7. The results of the drawing of lots conducted in accordance with Part 6 of this Article and the air time schedule compiled on its basis, with indication of the election campaign television/radio programs and the specific date and time of their broadcasting at the expense of the funds of the State Budget of Ukraine allocated for the preparation and conduct of the election, shall be published, accordingly, in the newspapers Holos Ukrainy and Uriadovyi Courier, local stateowned or municipal printed mass media, within three days from the day of their approval by the Central Election Commission or the district election commission respectively.


{Part 7 Article 72 as amended pursuant to the Law № 709-VII dd. 21.11.2013}


8. Payment for the air time provided to a party or an MP candidate registered in a singlemandate district shall be made by the Central Election Commission or respective district election commission in accordance with the cost sheets approved by them, within the limits of the funds of the State Budget of Ukraine allocated for the preparation and conduct of the election, and on the basis of agreements concluded, respectively, between the Central Election Commission, the district election commission, and the National Public TV and Radio Company of Ukraine or a regional state-owned or municipal television or radio organization.


{Part 8 Article 72 as amended pursuant to the Laws № 709-VII dd. 21.11.2013, № 1227-VII dd. 17.04.2014}


9. During 10 minutes before and after a television/radio broadcast of a party’s, MP candidate’s election campaign television/radio program, it shall be prohibited to comment on or evaluate in any form on the same broadcasting channel the content of the election campaign program or the actions of the party or of the MP candidates.


{Part 9 Article 72 as amended pursuant to the Law № 709-VII dd. 21.11.2013}


10. Election campaign programming shall be broadcast on the basis of an agreement concluded on behalf of a party, or an MP candidate in a single-mandate election district, between the manager of the current account of the respective electoral fund and the editorial board (publisher) of a printed media organization. Unless such an agreement is concluded and the fee for the air time is paid to the account of the television and radio broadcasting organization, the provision of such air time shall be prohibited.


11. Television and radio broadcasting entities shall make audio and video recordings of all programs containing election campaigning, and shall store such recordings for thirty days following the day of official promulgation of the election results.


12. Upon receipt of inquiries in writing from the Central Election Commission, the respective district election commission, or the National Television and Radio Broadcasting Council of Ukraine, television and radio broadcasting entities of all forms of ownership shall submit all information on the allocation of air time to a party or an MP candidate in a single-mandate election district for election campaigning and, if required, provide copies of the respective agreements, payment documents and programs recorded on tape or other information carriers.


{Part 12 Article 72 as amended pursuant to the Law № 709-VII dd. 21.11.2013}


13. During the election process, only the parties that have registered MP candidates in the nationwide election district and MP candidates in single-mandate election districts shall be entitled to be customers of political advertising to be aired by television and radio broadcasting entities. During the broadcast of a political advertisement, the broadcaster shall indicate the full name (or last name, first name and patronymic) of the customer in the form of a text message covering no less than fifteen percent of the screen area that shall be made in a color contrasting the background and shall be easily perceptible to the viewer.