of November 13, 2012 No. 1038
About state registration of movies
According to the paragraph the fifth article 9 of the Law of the Republic of Belarus of June 14, 2004 "About cinematography in the Republic of Belarus" and article 2 of the Law of the Republic of Belarus of May 4, 2012 "About modification and amendments in the Law of the Republic of Belarus "About cinematography in the Republic of Belarus" the Council of Ministers of the Republic of Belarus DECIDES:
1. Approve the enclosed Regulations on procedure for state registration of movies, maintaining the state register of movies and issues of permissions to display of movies within the cinema actions.
2. Bring in the single list of the ministerial procedures performed by state bodies and other organizations concerning legal entities and individual entrepreneurs, No. 156 approved by the resolution of Council of Ministers of the Republic of Belarus of February 17, 2012 "About approval of the single list of the ministerial procedures performed by state bodies and other organizations concerning legal entities and individual entrepreneurs, entering of amendment into the resolution of Council of Ministers of the Republic of Belarus of February 14, 2009 No. 193 and recognition voided some resolutions of Council of Ministers of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2012, No. 35, 5/35330), the following changes:
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"12.4. State registration of the movie and issue of the state registration certificate on the movie provided: |
Department on cinematography of Ministry of culture (further – Department on cinematography) |
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10 working days, and in case of need the directions of the movie in Republican commission of experts on prevention of promotion of pornography, violence and cruelty (further – REK) – 1 month |
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12.4.1. producer of the movie (producer), the applicant to which according to the agreement exclusive rights on the movie are transferred |
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statement |
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on effective period of the rights of the applicant to use of the movie by the methods specified in the certificate |
1 basic size |
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12.4.2. the applicant to whom according to the agreement the rights to public display of the movie are transferred |
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statement |
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on effective period of the rights of the applicant to use of the movie by the methods specified in the certificate |
0,05 of basic size |
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12.4.3. the applicant who acquired the movie at the resident of the Republic of Belarus having exclusive rights on this movie and who received in accordance with the established procedure the state registration certificate on this movie |
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statement |
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it is termless |
0,05 of basic size |
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12.4.4. the applicant to whom according to the agreement the rights to use the movie are granted partially |
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statement |
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it is termless |
0,05 of basic size"; |
2.2. exclude Item 12.5;
2.3. state Item 12.6 in the following edition:
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"12.6. Issue permissions to display movies within cinema actions without state registration certificates |
Department on cinematographies |
statement DVD-DISK or other carrier with record movie (movies) |
10 working days, and in need case the directions of the movie in REK – 1 month |
before the termination cinema actions |
free of charge". |
3. Recognize invalid:
the resolution of Council of Ministers of the Republic of Belarus of August 24, 2007 No. 1093 "About approval of the Regulations on procedure for preparation and consideration of literary scenarios for the movies made by social and creative orders" (The national register of legal acts of the Republic of Belarus, 2007, No. 213, 5/25731);
subitem 1.64 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of December 23, 2008 No. 2010 "About modification and amendments in some resolutions of Council of Ministers of the Republic of Belarus concerning documentation of the population of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2009, No. 14, 5/29066);
the resolution of Council of Ministers of the Republic of Belarus of April 8, 2010 No. 533 "About approval of the Regulations on procedure for state registration and the state classification of movies and issues of permissions to use of movies within the cinema actions" (The national register of legal acts of the Republic of Belarus, 2010, No. 94, 5/31630);
the resolution of Council of Ministers of the Republic of Belarus of November 16, 2011 No. 1532 "About introduction of amendments to the resolution of Council of Ministers of the Republic of Belarus of August 24, 2007 No. 1093" (The national register of legal acts of the Republic of Belarus, 2011, No. 129, 5/34765).
4. This resolution becomes effective since November 17, 2012.
First Deputy Prime Minister of the Republic of Belarus
V. Semashko
Approved by the Resolution of Council of Ministers of the Republic of Belarus of November 13, 2012 No. 1038
1. This Provision developed according to the paragraph the fifth article 9 of the Law of the Republic of Belarus of June 14, 2004 "About cinematography in the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2004, No. 103, 2/1041), is established procedure for state registration of movies, maintaining the state register of movies and issue of permissions to display of movies within the cinema actions.
2. The movies intended for display, hire, replication, sale in the territory of the Republic of Belarus, except as specified display of movies by the state television mass media, employers for the workers in the educational and methodical purposes, display of movies with the permission of the Ministry of Culture within the cinema actions, and also other cases established by the legislation are subject to state registration.
3. State registration of movies, maintaining the state register of movies, and also issue of permissions to display of movies within the cinema actions are performed by the Ministry of Culture.
4. The main objectives of state registration of movies are:
determination of age restriction of spectator audience of the movie;
issue of the state registration certificate;
inclusion of data on state registration of the movie, including recommendations about age restriction of spectator audience, in the state register of movies.
5. On state registration movies are represented by their producers (producers) or applicants who according to the agreement are granted the rights to use the movie (further - applicants).
6. The state registration certificate is issued in forms 1 and 2 according to appendix 1.
The state registration certificate in form 1, determined in appendix 1 to this Provision (further - the form 1), is issued:
to the producer of the movie (producer);
to the applicant who according to the agreement is granted exclusive rights on the movie;
to the applicant who according to the agreement is granted the rights to public display of the movie.
The state registration certificate in form 2, determined in appendix 1 to this Provision (further - the form 2), is issued:
to the applicant who acquired the movie at the resident of the Republic of Belarus having exclusive rights on this movie and who received in accordance with the established procedure on this movie the state registration certificate in form 1;
to the applicant to whom according to the agreement the rights to use the movie are granted partially.
7. For carrying out state registration of the movie and receipt of the state registration certificate in form 1 applicant files in the Ministry of Culture petition in form 1 according to appendix 2 and submits documents and materials according to subitems 12.4.1 and 12.4.2 of Item 12.4 of the single list of the ministerial procedures performed by state bodies and other organizations concerning legal entities and individual entrepreneurs, the Council of Ministers of the Republic of Belarus approved by the resolution of February 17, 2012 No. 156 "About approval of the single list of the ministerial procedures performed by state bodies and other organizations concerning legal entities and individual entrepreneurs entering of amendment into the resolution of Council of Ministers of the Republic of Belarus of February 14, 2009 No. 193 and recognition voided some resolutions of Council of Ministers of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2012, No. 35, 5/35330) (further - the single list).
8. For carrying out state registration of the movie and receipt of the state registration certificate in form 2 the applicant files in the Ministry of Culture petition in form 2 according to appendix 2 to this Provision and submits documents and materials according to subitems 12.4.3 and 12.4.4 of Item 12.4 of the single list.
9. The statement with all necessary documents is registered in the Ministry of Culture.
10. The applicant in case of need shall provide to employees of the Ministry of Culture of condition for viewing of the movie.
The movies containing elements of sensuality, violence and cruelty go the Ministry of Culture to Republican commission of experts on prevention of promotion of pornography, violence and cruelty (further - REK) for receipt of the expert opinion.
If necessary for expert evaluation of the movie persons competent of certain industry of knowledge can be invited by the Ministry of Culture.
11. Proceeding from contents of the watched movie, the Ministry of Culture determines recommended age restrictions of spectator audience and appropriates it the corresponding index determining procedure for its use. The appropriated index is specified in all cases of use of the movie (including when broadcasting per television) and its advertizing (booklets, invitation cards, leaflets, announcements, newspapers and others), and also on packaging of the carriers containing record of the movie.
The following indexes are appropriated:
"0" - without age restrictions;
"*" - viewing of the movie is resolved children up to 12 years accompanied by parents or the teacher;
"**" - viewing accompanied by parents or the teacher is allowed to children up to 14 years;
"***" - the movie is resolved for display to the audience 16 years are more senior;
"****" - the movie is resolved for display to the audience 18 years are more senior. Display of movies of this category on television is made with restriction of time of display: not earlier than 23:00 and no later than 4:00 local time;
"E18" - the erotic movie which is resolved for display to the audience is more senior than 18 years. Display on television of the movies referred to this category is performed with restriction of time of display: not earlier than 23:00 and no later than 4:00 local time.
12. By results of consideration of the submitted documents by the Ministry of Culture one of decisions is accepted:
about state registration of the movie;
about refusal in state registration of the movie.
13. In case of decision making about state registration of the movie the state registration certificate on the movie on forms 1 is issued to the applicant or 2, about what the mark in the magazine of registration becomes.
On the movies having index "****" or "E18" along with the state registration certificate the conclusion of REK is issued to the applicant.
14. The Ministry of Culture passes the decision on refusal in adoption of the statement in case of non-presentation or submission not in full of the documents and materials specified in subitems 12.4.1-12.4.4 of Item 12.4 of the single list.
15. Issue of the state registration certificate or refusal in its issue is made within 10 working days from the date of registration of a statement with appendix of all necessary documents and materials, and in need of the direction of the movie in REK - within 1 month.
The applicant is notified by the Ministry of Culture no later than 5 days from decision date on the made decision.
16. The state registration certificate in form 1 is issued on effective period of the rights of the applicant to use of the movie by the methods specified in the certificate.
The state registration certificate in form 2 is issued is termless if other is not provided by the contract for acquisition of rights use of the movie (movies).
17. The state registration certificate it can be terminated in case of identification in accordance with the established procedure non-compliance by the applicant with the conditions and procedure for use of the movie provided in the specified certificate and the conclusion of REK.
In case of decision making about cancellation of the state registration certificate the Ministry of Culture sends the written notice of it to the owner of this certificate. During the term specified in the notification, the owner shall return the state registration certificate issued to it in the Ministry of Culture.
18. Maintaining the state register of movies is performed by the Ministry of Culture.
19. In the state register of movies the data on the movie containing in the state registration certificate issued in form 1, date and number of the state registration certificate, the recommendation about age restriction of spectator audience are specified.
20. For receipt of permission to display of the movie (movies) within the cinema action without the state registration certificate the organizer of cinema action files in the Ministry of Culture petition in form according to appendix 3 and submits documents and materials according to Item 12.6 of the single list.
21. The statement with all necessary documents and materials is registered in the magazine of registration in day of receipt in the Ministry of Culture.
22. The movies containing elements of sensuality, violence and cruelty go the Ministry of Culture to REK for receipt of the expert opinion.
23. The Ministry of Culture makes the decision on issue of permission to display of the movie (movies) within the cinema action or on refusal in issue of such permission within 10 working days from the date of registration of a statement with appendix of all necessary documents and materials, and in need of the direction of the movie in REK - within 1 month.
The applicant is notified by the Ministry of Culture no later than 5 days from decision date on the made decision.
24. In permission to display of the movie (movies) within the cinema action without the state registration certificate recommendations about age restriction of spectator audience are specified.
to Regulations on procedure for state registration of movies, maintaining the state register of movies and issue of permissions to display of movies within the cinema actions
Form 1
Ministry of Culture
Republic of Belarus
State registration certificate
No. ______ from ___ _____________ ____.
It is issued ____________________________________________________________________________
(full name of the producer of the movie (producer), applicant, surname,
___________________________________________________________________________________
own name, middle name (if that is available), legal address, UNP)
Name of the movie ___________________________________________________________________
The name of the movie in original language ________________________________________________
Recommendations about age restriction of spectator audience _____________________
___________________________________________________________________________________
Type and genre ________________________________________________________________________
Country and year of production _________________________________________________________
Producer (producer) __________________________________________________________
____________________________________________________________________________ format
Amount _____________________________________________________________________________
Soundtrack ________________________________________________________________________
Scriptwriter ____________________________________________________________________
Production director (director) ___________________________________________________
The author of specially created music _________________________________________________
Method of use of the movie _______________________________________________________
The type is right __________________________________________________________________________
The territory and effective period it is right (with _________ on __________) _______________________
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Director _____________ |
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_________________________ |
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(signature) |
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(disaggregation of the signature) |
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M.P. |
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Form 2
Ministry of Culture
Republic of Belarus
State registration certificate
No. ______ from ___ _____________ ____.
It is issued _________________________________________________________________________
(full name of the producer of the movie (producer), applicant, surname,
________________________________________________________________________________
own name, middle name (if that is available), legal address, UNP)
|
Recommendations about age restriction of spectator audience |
Name of the movie |
Type, movie genre |
Country and year of production |
Production director of the movie |
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Director _____________ |
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_________________________ |
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(signature) |
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(disaggregation of the signature) |
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M.P. |
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Note. The following indexes are appropriated:
"0" – without age restrictions;
"*" – viewing of the movie is resolved children up to 12 years accompanied by parents or the teacher;
"**" – viewing accompanied by parents or the teacher is allowed to children up to 14 years;
"***" – the movie is resolved for display to the audience 16 years are more senior;
"****" – the movie is resolved for display to the audience 18 years are more senior (display, hire, sale of movies are possible in the presence of the conclusion of Republican commission of experts on prevention of promotion of pornography, violence and cruelty);
"E18" – the erotic movie which is resolved for display to the audience is more senior than 18 years (display, hire, sale of movies are possible in the presence of the conclusion of Republican commission of experts on prevention of promotion of pornography, violence and cruelty).
to Regulations on procedure for state registration of movies, maintaining the state register of movies and issue of permissions to display of movies within the cinema actions
Form 1
Ministry of Culture
Republic of Belarus
Statement for carrying out state registration of the movie (movies)
______________________________________________________________________________
(full name of the producer of the movie (producer), applicant,
_____________________________________________________________________________.
surname, own name, middle name (if that is available)
Legal address ____________________________________________________________
______________________________________________________________________________.
Certificate on state registration __________________________________
(whom and when it is issued)
______________________________________________________________________________.
I ask to carry out state registration and to issue the state registration certificate in form 1 according to appendix 1 to the Regulations on procedure for state registration of movies, maintaining the state register of movies and issue of permissions to display of movies within the cinema actions, to the movie (movies) in quantity _____ pieces it agrees enclosed списку*.
Appendix: on _____ sheets and ________________________________________________
(quantity and type of carriers with record of the movie)
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___________________ |
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_________________________ |
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(date) |
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(signature) |
______________________________
* In the list are specified the name of the movie (movies) on Belarusian or Russian and original language, the country and year of production, the scriptwriter, the production director, the author of the music which is specially created for the movie (movies), producer, studio, main characters of the film, type (art, documentary, animated and others), genre (the drama, the melodrama, the comedy, the fighter and others), format (color, black-and-white, wide-screen, large-format and others), amount, soundtrack (original language, dubbing-in, the offscreen text, subtitlings), quantity of parts and metric area, format of the screen and (or) duration in minutes, conditions of use of the movie (movies), method of realization of the rights with indication of carrier type, type is right (exclusive, non-exclusive), the territory and effective period is right, the short characteristic of the movie (movies) opening its content and other features is given.
Form 2
Ministry of Culture
Republic of Belarus
Statement for carrying out state registration of the movie (movies)
________________________________________________________________________________
(full name of the producer of the movie (producer), applicant,
________________________________________________________________________________.
surname, own name, middle name (if that is available)
Legal address ______________________________________________________________.
Certificate on state registration ____________________________________
(whom and when it is issued)
________________________________________________________________________________,
UNP ____________________________________________________________________________.
I ask to carry out state registration and to issue the state registration certificate in form 2 according to appendix 1 to the Regulations on procedure for state registration of movies, maintaining the state register of movies and issue of permissions to display of movies within the cinema actions, on the movie (movies) ________________________________________________
(name, type and genre of the movie (movies),
_________________________________________________________________________________.
country and year of production, production director)
Appendix: on ______ sheets and __________________________________________________
(quantity and type of carriers with record of the movie)
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___________________ |
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_________________________ |
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(date) |
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(signature) |
to Regulations on procedure for state registration of movies, maintaining the state register of movies and issue of permissions to display of movies within the cinema actions
Form
Ministry of Culture
Republic of Belarus
The statement for issue of permission to display of the movie (movies) within the cinema action
_________________________________________________________________________________
(full name of the producer of the movie (producer), applicant,
_________________________________________________________________________________.
surname, own name, middle name (if that is available)
Legal address _______________________________________________________________.
Certificate on state registration _____________________________________
(whom and when it is issued)
_________________________________________________________________________________,
UNP _____________________________________________________________________________.
I ask to resolve display of the movie (movies) in quantity _____ pieces according to the enclosed list * within carrying out ___________________________________________________________________
(name of cinema action,
__________________________________________________________________________________
date, place and time of its carrying out)
without the state registration certificate.
Appendix: on ______ sheets and ___________________________________________________
(quantity and type of carriers with record of the movie)
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___________________ |
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_________________________ |
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(date) |
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(signature) |
______________________________
* In the list the name of the movie (movies), the country and year of production are specified, the scriptwriter, the production director, the author of the music which is specially created for the movie (movies), producer, studio, main characters of the film, type (art, documentary, animated and others), genre (the drama, the melodrama, the comedy, the fighter and others), format (color, black-and-white, wide-screen, large-format and others), amount, soundtrack (original language, dubbing-in, the offscreen text, subtitlings), quantity of parts and metric area, format of the screen and (or) duration in minutes, is given the short characteristic of the movie (movies) opening its content and other features.
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The document ceased to be valid since February 3, 2017 according to Item 3 of the Resolution of Council of Ministers of the Republic of Belarus of January 12, 2017 No. 21