Law of Azerbaijan Republic on Public TV-Radio Broadcasting

CHAPTER I
GENERAL PROVISIONS

Article 1. Purpose of public TV-radio broadcasting

Purpose of public TV-radio broadcasting (hereinafter referred to as "public broadcasting") is to ensure the general interests of population of Azerbaijan Republic - of the entire society as well as of its different groups - in social, scientific, cultural, educational, entertaining and other fields; to prepare accurate and balanced information aimed at reflection of freedom of speech and thought, and of different views and opinions, and based on respect for human dignity, rights and freedoms, national moral values and values common to all mankind, ethical rules and norms of behaviour; to disseminate this information in a way corresponding to modern technical and high quality standards.

Article 2. Basic definitions

2.0. The terms used for the purposes of the present Law shall mean as follows:

2.0.1. public broadcasting - broadcasting of TV-radio programmes transmitted in open form by means of electromagnetic waves, satellite communication, cable network or by other terrestrial technical facilities in all the territory of Azerbaijan Republic, received by general public and aimed at interests of everyone individually and of the society as a whole;

2.0.2 public broadcaster - free, professional, independent and non-commercial electronic media organisation which passed the State registration within procedure laid down in the legislation of Azerbaijan Republic, is funded by subscription fee, governing bodies of which are formed by general public and which serves the purposes laid down in this Law;

2.0.3 Broadcasting Council - the supreme regulating and governing body which determines the public broadcasting policy, defines directions of creative activity of the public broadcaster, supervises over fulfilling the requirements of legislation of Azerbaijan Republic during broadcasting and has an authority to take final decisions in this field;

2.0.4 Board of Governors - the collective governing body which directs creative and business activities of the public broadcaster and has an authority to take decisions on matters referred to its competence by the present Law;

2.0.5 Director General - a responsible official who co-ordinates creative and business activities of the public broadcaster, takes decisions on matters referred to his / her competence by the present Law and is responsible for organisation of broadcasting activities as a whole.

Article 3. Legislation of Azerbaijan Republic on public TV-radio broadcasting

3.1 Legislation of Azerbaijan Republic on public TV-radio broadcasting shall consist of the Constitution of Azerbaijan Republic, the present Law, the laws of Azerbaijan Republic On Mass Media, On TV-Radio Broadcasting, On Communications and of other normative and legislative acts as well as of the international treaties to which Azerbaijan Republic is a party.

3.2. In case if the international treaties to which Azerbaijan Republic is a party define rules other than those laid down in the present Law, the international treaties shall be applied.

Article 4. Principles of public broadcasting

4.0. Public broadcasting shall be performed on basis of the following principles:

4.0.1. independence;
4.0.2. objectivity, impartiality and accuracy of information;
4.0.3. pluralism and tolerance;
4.0.4. estrangement from clear political interests;
4.0.5. conciliation and ensuring of general interests;
4.0.6. development of national self-consciousness;
4.0.7. universality;
4.0.8. diversity;
4.0.9. distinction from others.

CHAPTER II
Organisation of Public Broadcasting

Article 5. Legal status of the public broadcaster

5.1. The public broadcaster shall be a legal entity.

5.2. The public broadcaster shall be funded by subscription fee, unless another procedure is provided for in the present Law.

5.3. The public broadcaster shall be the founder of its programs and the owner of its property.

5.4. The public broadcaster shall have the right to own, use and dispose of its property and the latter shall be used only for the purposes of public broadcasting;

5.5. The public broadcaster shall supervise over efficient use of property and shall bear responsibility for its preservation.

5.6. The property of the public broadcaster may not be privatised or, with the exception of cases specified in the present Law, be sold.

5.7. The public broadcaster shall itself define the form and content of its programmes (broadcasts) and bear the responsibility for the programs it disseminates.

5.8. The title of the public broadcaster shall be "Azerbaijan National TV and Radio Broadcasts Company".

5.9. Azerbaijan National TV and Radio Broadcasts Company shall operate on the basis of the present Law and the Statute prepared in accordance with the requirements of the present Law and subject to State registration.

Article 6. Issue of special permission (license) and allocation of frequencies to public broadcasting

6.1. The public broadcaster shall perform its activities on the basis of special permission (license) issued by the appropriate State body and frequencies allotted by the appropriate executive body.

6.2. The public broadcaster shall be exempt from all payments for the use of frequencies and participate in receiving the special permission (license) hors concours.

6.3. The public broadcaster shall conclude a contract with the appropriate executive body to get service for the frequencies it uses.

Article 7. Rights of the public broadcaster

7.0. The public broadcaster shall have the following rights:

7.0.1. to create its broadcasting services;

7.0.2. to prepare programmes (broadcasts), to make feature films, documentaries, cartoons, as well as serials, to disseminate them, to copy, sell or rent audio and video records;

7.0.3. to determine the air-time for third parties and the fee for its use;

7.0.4. to be engaged in advertising activity;

7.0.5. to establish its own correspondent centres, branches or representations in the territory of the country and abroad;

7.0.6. to be the founder of any print edition related to TV-radio broadcasting;

7.0.7. to publish the programme schedule of its broadcasts or to pass this right to a third party;

7.0.8. to use its own transmission network, to entrust this function to other subjects or to lease it;

7.0.9. to transmit programmes by satellite communication, cable network or other terrestrial technical facilities;

7.0.10. to operate in the fields of additional information service, Internet and other broadcast services or in the field of the newest technologies;

7.0.11. to rent its archive materials to domestic broadcasters or entities not engaged in broadcasting;

7.0.12. to co-operate with third parties or to acquire the share of a third party in order to render additional or final services.

7.0.13. to be engaged in other activities not forbidden by Law and necessary for fulfilling the statutory duties.

Article 8. Duties of the public broadcaster

8.0. The public broadcaster shall have the following duties:

8.0.1. to ensure the right of citizens to receive impartial and balanced information on important events taken place in the country and in the world, activities of the State bodies, municipalities, political parties, public associations, religious and commercial organisations;

8.0.2. to ensure the interests of citizens by means of cultural and educational, informational and entertainment programmes which preserve and develop national moral values and values common to all mankind;

8.0.3. to record the performances, feature films, documentaries, cartoons, serials, works of arts based on works of Azerbaijani and the world's authors, which are examples of high mastery as well as to record the most important events of our history and culture and preserve them for the future generations in gold fund of the public broadcaster.

8.0.4. to create equal possibilities for everybody to freely express their thoughts on the air.

8.0.5. to ensure the right of reply of citizens;

8.0.6. to ensure the objectivity, impartiality and accuracy of information;

8.0.7. not to broadcast the programmes propagating obscene materials, violence, cruelty, religious and racial discrimination;

8.0.8. to respect the privacy, dignity and honour of citizens;

8.0.9. to keep the professional ethics during the broadcasting.

Article 9. Air-time for third parties

9.1. The public broadcaster may, on the basis of a contract, allot the paid air-time to third parties.

9.2. The terms of contract, air-time and amount of payment shall be determined by the Director General and approved by the Board of Governors.

9.3. With the exceptions of cases provided for in Article 9.5. of the present Law, the public broadcaster may not change the terms of contract or cancel it before expiration of its term.

9.4. The third parties which have been allotted air-time under the present Law, shall be responsible for the programmes they disseminate.

9.5. The Director General shall have the right to deny further transmission of programmes, which have been prepared with breach of purposes of public broadcasting specified in the present Law, or to cancel the contract.

Article 10. Selection of staff of public broadcasting and concluding the labour contracts

10.1. The heads of broadcasting services, their deputies and creative employees shall be selected by directly concluding the labour contracts or by means of competition upon decision of the Board of Governors.

10.2. The staff members employed at public broadcasting services, advanced or promoted to a higher position at another service shall not be subject to any restrictions on ground of race, sex, religion or political opinion.

10.3. A labour contract shall be concluded between the public broadcaster and an employee within procedure laid down in the legislation of Azerbaijan Republic.

10.4. The terms and conditions of a labour contract shall be subject to approval by the Board of Governors.

10.5. An employee who concludes a contract with the public broadcaster may not use his / her position for personal purposes or for the purposes of political parties, commercial and other organisations.

10.6. An employee may not take instructions from the State bodies, commercial and other organisations or to fulfil them without consent of the public broadcaster.

Article 11. Storage of the documents of public broadcasting

11.1. Materials of TV-radio broadcasts (tape records, manuscripts, letters, appendixes) shall be stored within procedure and term laid down in the legislation on TV-radio broadcasting.

11.2. The public broadcaster shall store within procedure and term laid down in the legislation Azerbaijan Republic:

11.2.1. the internal regulatory documents;
11.2.2. the documents confirming the property rights;
11.2.3. the records of meetings of Broadcasting Council or of Board of Governors;
11.2.4. the orders and instructions of the Director General;
11.2.5. the documents on results of inspection and audit check-ups;
11.2.6. the contracts with employees;
11.2.7. the bookkeeping documents;
11.2.8. the bank, financial and judicial documents.

Article 12. Transparency of the activity of public broadcasting

12.1 Supervision over efficiency of use of means of the State budget by the public broadcaster shall be conducted in accordance with the legislation of Azerbaijan Republic.

12.2. Current or, upon decision of the Broadcasting Council, the extraordinary audit check-ups may be conducted in order to provide transparency of the pubic broadcaster's economic activities.

12.3. The documents on results of inspection and audit check-ups shall be published in mass media.

Article 13. Determination of rating of broadcast programmes on the basis of polls

13.1. The public broadcaster shall hold, independently or on the basis of a contract, the annual polls in order to determine the audience of its programmes, the fields of subscribers' interests, their wishes and proposals, and publish the results of the poll.

13.2. The non-governmental organisation to hold the poll on the basis of a contract shall be determined by the public broadcaster.

13.3. The opinion of viewers' or listeners' audience shall be studied by representative poll with use of scientific methods among persons older than 6 years.

13.4. Information obtained in the course of determination of rating may, on the basis of a contract, be used by third parties.

13.5. Questions for the poll shall be prepared by the non-governmental organisation which is to hold the poll, with participation of the Broadcasting Council, and be based upon the average number of viewers of TV programmes and radio listeners for the last 12 months.

CHAPTER III
Programmes of Public broadcasting

Article 14. Transmission of official information by public broadcasting

14.1. The public broadcaster shall transmit the official information of the State bodies immediately and without any changes. "Official information" shall mean information given by the State authorities concerning extraordinary circumstances, natural disasters, accidents posing threat to life and health of people and to normal functioning of inhabited localities, as well as statements, announcements and information reflecting official position of the State authorities and necessary for awareness of the society.

14.2. The public broadcaster shall not bear the responsibility for the content of official information.

Article 15. Language of public broadcasting programmes

15.1. Programmes of public broadcasting shall be disseminated in the official language of Azerbaijan Republic.

15.2. Statements in other languages shall be accompanied by translation into Azerbaijani language.

15.3. Broadcasts in languages of national minorities residing in the territory of Azerbaijan Republic may be included in programmes of public broadcasting.

Article 16. Requirements to programmes of public broadcasting

16.1. While preparing the programmes in order to fulfil the purposes determined by the present Law, the public broadcaster shall take into account different trends in political convictions, religious and philosophical views, public opinion existing in the society, as well as equality of rights of all citizens of the country.

16.2. Programmes shall reflect the whole diversity of the national moral values, traditions and customs, culture and art.

16.3. One-sided preference to or propaganda of political views in programmes of public broadcasting shall be prohibited. Different points of views, approaches to problems, comments and analysis shall be presented on alternative grounds and in the form of discussions in accordance with principles of pluralism and tolerance.

16.4. Attention to creation of new and original TV-radio products, transmission of feature films, television serials and performances shall be increased.

16.5. There shall be created conditions for demonstrating to viewers the world's best serials, feature films, documentaries and cartoons translated into Azerbaijan language.

16.6. The preference shall be given to dissemination of cinemas, TV-video and radio products produced in Azerbaijan.

16.7. The content, source and reliability of information used in programmes shall be examined as thoroughly as possible.

16.8. The programmes shall be transmitted on the entire territory of the country. "The entire territory of the country" shall mean at least 98% of territory of the country for TV programmes and at least 98% of territory of the country for radio programmes.

16.9. Information in news programmes shall be comprehensive, objective and independent, prepared in accordance with different views existed in society and the comments shall be clearly distinguished from information.

16.10. The quotation and fragments from programmes of the country's other broadcasters may be placed in programmes of the public broadcaster free of charge, on the condition that length of these quotations and fragments do not exceed 90 seconds, and the source shall be indicated by showing its logo.

Article 17. Right to priority of the public broadcaster

17.1. With all other equal conditions, the public broadcaster shall, upon concluding a contract, have the right to priority in live broadcastings from the place of occurrence, places of events of major importance including Olympic Games, world, European or local championships as well as international sport competitions.

17.2. In the case if the public broadcaster does not use this right, it shall inform the organisers of the event and the competitive parties in advance.

Article 18. Requirements to advertising during public broadcasting

18.1. Transmitted advertising shall have special marking and shall be clearly distinguished from other parts of a programme by optical means on TV and acoustic means on radio.

18.2. Advertising may not influence the content of a programme; advertisers may not influence the independence of the public broadcaster.

18.3. Persons regularly presenting news or programmes on modern political topics may not act in TV-radio advertising.

18.4. Advertising shall be transmitted in blocks between different programmes.

18.5. During broadcasting of TV programmes consisting of independent parts, sport programmes, events and performances transmitted with intervals, the advertising shall be transmitted between the independent parts or during the intervals.

18.6. In separate programmes the interval between the end of a block of advertising and the beginning of another block of advertising shall not be less than 30 minutes, with the exception of cases laid down in Article 18.8 of the present Law.

18.7. News programmes, religious events and programmes for children, as well as serials of duration less than 30 minutes, entertainment programs, topical political broadcasts, documentaries may not be interrupted by advertising.

18.8. Feature films, television films or programmes of duration more than 45 minutes, may be interrupted by advertising once for each complete period of 45 minutes. Further advertising shall be allowed if duration of programme is at least 20 minutes longer than one or more complete periods of 45 minutes.

18.9. The products, including those seriously impacting physical, intellectual and spiritual development of children advertisement of which is restricted by the legislation on TV and Radio may not be advertised.

18.10. Tele-shopping may be inserted between programmes on the condition that the total proportion of direct proposals of sale, services and rental do not exceed 30 minutes of the daily transmission time.

18.11. Proportion of advertising and tele-shopping shall not exceed 15% of the daily public transmission, the proportion of advertising within a given clock hour shall not exceed 12 minutes.
18.12. Daily proportion of advertising on radio shall be 120 minutes.

Article 19. Sponsorship to public broadcasting

19.1. When broadcasts are sponsored in whole or in part, the information on sponsors shall be given by announcer's narration or credits at the beginning and end of the broadcast. Based on a contract concluded, a sponsor may be identified in a broadcast by using the logo, trademark or in any other form.

19.2. The sponsor may not influence the content and placing of broadcasts, the responsibility and independence of the public broadcaster.

19.3. Sponsored broadcasts shall not encourage the sale, purchase or rental of products (services) of the sponsor or a third party.

19.4. Sponsorship by the persons who are the owners of products (services), the advertising of which is prohibited, or by persons selling, purchasing or renting such products shall not be permitted.

19.5. Sponsorship of news and programmes on modern political topics shall not be allowed.

CHAPTER IV

Management of public broadcasting

Article 20. Exercising the competence of the public broadcaster

20.1. Competence of the public broadcaster laid down in the present Law shall be exercised by the Broadcasting Council, the Board of Governors and the Director General.

21.2. The Director General and his / her deputies, members of the Broadcasting Council and the Board of Governors may not be members of any political party.

Article 21. Formation of the Broadcasting Council

21.1. Candidates for membership of the Broadcasting Council shall be nominated by non-governmental organisations not engaged in political activity, creative and civil associations as well as by the Azerbaijan Confederation of Trade Unions and the Azerbaijan Academy of Sciences and elected through a competition.

21.2. The competition commission shall be established by the appropriate State body.

21.3. Rules on establishment of the competition commission and holding the competition shall be prepared and approved by the appropriate State body.

21.4. Chairman of the Broadcasting Council and members shall be approved in accordance with paragraph 32 of Article 109 of the Constitution of Azerbaijan Republic in composition of 9 members: three members are approved for 2 years, three members - for 4 years and three members - for 6 years.

21.5. Candidates to fill the vacancy opened after expiration of term of office of the Broadcasting Council's members shall be elected in procedure laid down in Article 21.1 of the present Law and approved in procedure laid down in Article 21.4 of the present Law.

21.6. Along with main members elected by the competition commission from among the candidates, 3 substitute members shall be approved in accordance with paragraph 32 of Article 109 of the Constitution of Azerbaijan Republic. In case of termination of office of members of the Broadcasting Council before expiration of its term, as provided for in the present Law, the substitute members shall replace those members in order as they indicated in the approved list.

21.7. Members of the Broadcasting Council may be re-elected.

Article 22. Requirements to be met by the members of the Broadcasting Council

22.1. With the exception of pedagogical or creative activity, members of the Broadcasting Council may not be employed at the State bodies, municipalities and commercial organisations or at any TV-radio broadcast organisation regardless of its property and organisational-legal form.

22.2. Members of the Broadcasting Council shall not act as advocates of organisations which have nominated them, but as those of interests of the entire society.

22.3. Members of the Broadcasting Council may not make statements to the detriment of independence of the public broadcaster or use their office in order to pursue political, commercial or personal goals.

Article 23. Termination of office of a member of the Broadcasting Council before expiration of its term

23.1. Office of a member of the Broadcasting Council may be terminated before expiration of its term only in the following cases:

23.1.1. upon his / her written statement;

23.1.2. if he / she holds office incompatible with membership of the Broadcasting Council;

23.1.3. if he / she renounces the citizenship of Azerbaijan Republic, acquires the citizenship of another State or assumes the obligations before another State;

23.1.4. if the lack of legal capacity or restricted legal capacity is confirmed by an effective court decision; if found guilty of committing a crime or; if declared, in procedure laid down in the legislation, as missing or dead;

23.1.5. if he / she does not participate, without valid reason, in the meetings of the Broadcasting Council for six months;

23.1.6. The Broadcasting Council shall take a decision to raise the issue of dismissal of its member under Article 23.1.5 of the present Law with the consent of at least 6 members of the Council.

Article 24. Competence of the Broadcasting Council

24.1. The Broadcasting Council shall have the following competence:

24.1.1. to determine its rules of procedure;

24.1.2. to prepare and approve the Statute of the Broadcasting Council;

24.1.3. to elect the Director General of the public broadcaster;

24.1.4. to determine the number of deputies of the Director General;

24.1.5. to take decision, with the consent of at least 6 members, to raise the issue of election or re-election of the Director General;

24.1.6. to appoint, with the consent of at least 6 members, candidates to the Board of Governors nominated by the Director General or to dismiss them;

24.1.7. to appoint, with the consent of at least 5 members, the deputies of the Director General, directors, editors-in-chief and chief producers nominated by the Director General or to dismiss them (in case if no voting takes place within 3 months since the nomination or if the Broadcasting Council does not reach any consent, the candidates nominated by the Director General shall be regarded as appointed or dismissed);

24.1.8. to approve the Statute of the public broadcaster, service instructions and other internal regulatory documents;

24.1.9. to advise the Director General on the creative matters and to assist him in dissemination of programmes;

24.1.10. to hold, if necessary, the monitoring of programmes after their dissemination;

24.1.11. to approve the budget and annual report of the public broadcaster;

24.1.12. to prepare the concept of public broadcasting, determine the standards of technical equipment and quality of transmission;

24.1.13. to warn the Director General on breach of requirements to programmes with written indication of reasons, and to charge him / her with taking relevant measures;

24.1.14. to cancel, with the consent of at least 6 members, the decision of the Board of Governors;

24.1.15. to inform annually the general public on its activities and to publish its report in print media;

24.1.16. to exercise other functions laid down in the present Law and the Statute of the Broadcasting Council;

24.2. Meetings of the Broadcasting Council shall be held at least once in two months.

24.3. An extraordinary meeting may be held upon demand of the chairman of the Broadcasting Council or the three of its members.

24.4. Meetings of the Broadcasting Council are regarded as valid when more than half of its members present.

24.5. With the exception of cases provided for in the present Law, the Broadcasting Council shall take decision by simple majority of votes. Where the voting is equal the vote of the chairman shall be decisive.

24.6. The Director General and the members of the Board of Governors shall have the right to take part at the meetings of the Broadcasting Council with deliberative vote.

24.7. Members of the Broadcasting Council shall receive salaries from the budget of Azerbaijan National TV and Radio Broadcasts Company.

Article 25. The Board of Governors

25.1. The Board of Governors shall operate in accordance with the present Law and the Statue of the public broadcaster.

25.2. The Board of Governors shall consist of 5 members. Members shall be the specialists employed at public broadcasting in creative, administrative or financial fields.

25.3. The Director General, as a rule, shall be the head of the Board of Governors.

25.4. Meetings of the Board of Governors shall be held at least once in a month. An extraordinary meeting of the Board of Governors may be held upon demand of two of its members or the Director General.

25.5. Meetings of the Board of Governors are regarded as valid when more than half of its members present.

25.6. Decisions shall be taken by simple majority of votes.

25.7. With the exception of pedagogical or creative activity, members of the Board of Governors may not be employed at the State bodies, municipalities and commercial organisation, or at any TV-radio broadcast organisation regardless of its property and organisational-legal form.

25.8. Members of the Board of Governors in performing their duties may not represent the interests of third parties.

25.9. Members of the Board of Governors shall be appointed for 4 years with the right to be re-appointed.

25.10. Members of the Board of Governors shall receive salaries from the budget of Azerbaijan National TV and Radio Broadcasts Company in amount determined by the Broadcasting Council.

Article 26. Termination of office of a member of the Board of Governors before expiration of its term

26.1. Office of a member of the Board of Governors may be terminated before expiration of its term only in the following cases:

26.1.1. upon his / her written statement;

26.1.2. if he / she holds office incompatible with membership of the Board of Governors;

26.1.3. if he / she renounces the citizenship of Azerbaijan Republic, acquires the citizenship of another State or assumes the obligations before another State;

26.1.4. if the lack of legal capacity or restricted legal capacity is confirmed by an effective court decision; if found guilty of committing a crime or; if declared, in procedure laid down in the legislation, as missing or dead;

26.1.5. if he / she does not participate, without valid reason, in the meetings of the Board of Governors for three months;

26.1.6. if he / she is not able to fulfil his / her duties.

26.2. The Broadcasting Council shall take a decision to raise the issue of termination, under Article 26.1.6 of the present Law, of office of the member of the Board of Governors before expiration of its term with the consent of at least 6 members of the Council.

26.3. In the case if the offices of other members of the Board of Governors terminated under Article 26.1.6 of the present Law, new members of the Board of Governors shall be appointed in accordance with Article 24.1.6 of the present Law.

Article 27. Competence of the Board of Governors

27.1. The Board of Governors shall have the following competence:

27.1.1. to take decisions, jointly with the Director General, on staff, creative and financial matters;

27.1.2. to advise the Director General in the fields of preparation of programmes, broadcasting and establishing of business relations;

27.2. Consent of the Board of Governors is required in the following cases:

27.2.1. when creating new programme services in order to broaden the choice possibilities of TV viewers and radio listeners;

27.2.2. when concluding contracts with the trade unions;

27.2.3. when determining the terms of labour contracts with employees as well as when cancelling the contracts;

27.2.4. when purchasing or selling the shares in economic societies;

27.2.5. when acquiring, selling or pawning immovable property;

27.2.6. when taking banking credits or assuming financial obligations;

27.2.7. when covering other expenses not provided for in the budget of the public broadcaster.

Article 28. The Director General

28.1. The Director General shall be elected by the Broadcasting Council and approved for 4 years in accordance with paragraph 32 of Article 109 of the Constitution of Azerbaijan Republic.

28.2. The Director General shall:

28.2.1. submit for approval of the Broadcasting Council the candidates to position of deputy of Director General, director, editor-in-chief and chief producer;

28.2.2. supervise over and bear the responsibility for creating the programs in accordance with present Law and other legislative acts of Azerbaijan Republic;

28.2.3. direct the current activities of the public broadcaster;

28.2.4. represent the public broadcaster in courts, State bodies, abroad and international organisations;

28.2.5. issue orders, conclude contracts and supervise over fulfilling the requirements of these documents;

28.2.6. bear the responsibility for preservation of property and its use only for the purposes of public broadcasting.

28.3. The Director General shall take independent decisions on the following matters:

28.3.1. creative ideas and production of programmes;

28.3.2. exploitation of programme net;

28.3.3. the broadcasting of operative news and materials under his / her editorship;

28.3.4. the organising the broadcasting activity, the solving of current matters;

28.3.5. the owning, the use and the disposal of the property of the public broadcaster, with the exception of cases laid down in the present Law;

28.3.6. the creation of correspondent centres, branches and representations;

28.3.7. selection and employment of staff on the basis of labour contracts, and staff management, with the exception of cases laid down in the present Law;

28.3.8. purchase and selling of goods or services, with the exception of cases laid down in the present Law;

28.3.9. establishment of relations, holding of talks and concluding of agreements, with the exception of cases laid down in the present Law;

28.3.10. drawing up and implementation of budget, with the exception of cases laid down in the present Law;

28.4. The Director General may be re-elected.

Article 29. Legal supervision over the public broadcaster's activity

29.1. Legal supervision over public broadcaster's activity shall be conducted by the appropriate State body.

29.2. The appropriate State body may submit a request to the governing bodies of the public broadcaster concerning any acts (omissions) which breach or may breach the requirements of the present Law or demand to eliminate the breach of law.

29.3. In the case if the governing bodies of the public broadcaster fail to provide satisfactory reply to the request or to fulfil their supervisory functions, the appropriate State body shall:

29.3.1. demand taking stricter measures and determine the exact time for elimination of the breach of law;

29.3.2. apply to court.

29.4. The public broadcaster shall have the right to complain to court against the demands of the appropriate State body.

29.5. Any measure taken in order to fulfil the requirements of this Article shall not restrict the right of the public broadcaster to receive information and to express thoughts.

Chapter V
Funding of public broadcasting

Article 30. Sources of funding of public broadcasting

30.1. The public broadcaster shall be funded by the following sources:

30.1.1. the incomes from the subscription fee unless another procedure is provided for in this Law;

30.1.2. the sponsorship;

30.1.3. the donations by natural persons and legal entities;

30.1.4. the incomes from advertising;

30.1.5. the incomes from selling of audio and audiovisual programmes;

30.1.6. the incomes from selling of serials, performances, feature films, documentaries, cartoons and other films produced by the public broadcaster;

30.1.7. the incomes from organisation of concerts and shows;

30.1.8. other sources not forbidden by the legislation of Azerbaijan Republic.

30.2. Until the entry into force of Article 31 of the present Law, the means from the State budget shall be allocated in amount necessary for fulfilling the purposes of public broadcasting, uninterrupted functioning and perspective development, taking account of the incomes from other sources.

30.3. The funding from the State budget shall not constitute ground for interference by the State authorities in public broadcasting.

Article 31. Subscription fee

31.1. The main financial source of the public broadcaster shall be the incomes from subscription fee.

31.2. The funding of public broadcasting by subscription fee shall be regulated by the legislation of Azerbaijan Republic.

CHAPTER VI
Responsibility for Violation of provisions of the Present Law

Article 32. Protection of rights of subscribers

32.1. Every person has the right to submit to the public broadcaster his / her wishes and suggestions.

32.2. The Director General shall examine the wishes and suggestions received, take measures if necessary, and periodically, but not later than in three months, publish the report in mass media about the measures taken.

32.3. The public broadcaster shall comply with the requirements on disproof, rectification or reply laid down in the legislation on mass media with regard to providing citizens with false information, degrading their honour and dignity, and inflicting harm to their business positions.

32.4. Every person who submitted complaint against violation of his / her rights during public broadcasting may obtain the video or audio copy of the same program at his / her own expense.

Article 33. Responsibility for violation of the present Law

Natural persons or legal entities shall bear the responsibility under the legislation of Azerbaijan Republic for violation of provisions of the present Law.

CHAPTER VII
FINAL PROVISIONS

Article 34. Suspension or termination of public broadcasting activity

Public broadcasting activity may be suspended or terminated only by the effective court decision.

Article 35. Entry into force

35.1. The present Law shall enter into force as from the date of its publication.
35.2. Article 31 of the present Law shall enter into force as from 1 January 2010.