Singing Russian songs in cafes and restaurants may be fined up to 170 thousand hryvnias without warning

The Verkhovna Rada has registered bill No. 15430, which provides for restrictions on the use of the aggressor state’s language during the performance and playback of musical works in the consumer service sector. Specifically, it concerns the performance of compositions in Russian.

The document proposes amendments to the Law of Ukraine "On Ensuring the Functioning of the Ukrainian Language as the State Language" and establishes clear rules regarding musical accompaniment in trade, public catering, and consumer service establishments.

Article 15 of the Law of Ukraine "On Culture" prohibits the public performance, public display, public demonstration, and public notification of musical works, phonograms, videograms, and music videos related to the aggressor state.

At the same time, current legislation does not contain a special mechanism for state control and liability of business entities for using musical accompaniment in the language of the aggressor state during consumer service.

In practice, violators are subject to Article 155 of the Code of Ukraine on Administrative Offenses, which provides for a fine from 17 to 170 hryvnias.

This penalty is quite laughable and symbolic, as it does not fulfill either a preventive or punitive function. The presence of a ban without an effective enforcement mechanism leads to inconsistent response practices and systematic repetition of violations, the Verkhovna Rada notes.  

"The musical space is used by the aggressor state as one of the channels of cultural and informational influence, and in the conditions of ongoing armed aggression by the Russian Federation, the performance and playback of hostile musical products in the public space cannot be considered solely a matter of aesthetic choice.

The use of Russian musical products also has a direct economic dimension. Public performance and playback of musical works generate royalties, which, through rights holders, labels, and distributors, go to Russian performers and are taxed in Russia, thus working for the budget of the aggressor state that finances the war against Ukraine. Every public playback of Russian music in a Ukrainian establishment is a contribution to the war machine of the aggressor state," the deputies emphasize.

What they want to change

The bill proposes to supplement Article 30 of the Law "On Ensuring the Functioning of the Ukrainian Language as the State Language" with a ninth part.

According to the proposed changes, during consumer service, the performance and playback of:

• songs and other musical works with lyrics;
• phonograms;
• videograms;
• music videos,
• must be carried out in the state language or any other language except the language of the state recognized by the Verkhovna Rada as the aggressor state.

At the same time, the exception regarding the possibility of serving a client in another language at their request will not apply to the musical accompaniment of the establishment.

What fines may be introduced

Amendments to Article 57 of the Law introduce a special procedure for imposing fines for violations of the rules on the use of music during consumer service.

The protocol is drawn up by the Commissioner for the Protection of the State Language or their representative without prior warning or requirement to eliminate the violation.

For the first violation, a fine of five hundred to one thousand non-taxable minimum incomes of citizens is established (from 8,500 to 17,000 hryvnias).

For a repeated violation within a year – from one to five thousand (from 17,000 to 85,000 hryvnias).

For the third and each subsequent violation within a year – from five to ten thousand non-taxable minimum incomes of citizens (from 85,000 to 170,000 hryvnias).

The bill also proposes to increase fines for repeated violations of other requirements of Article 30 of the Law on the State Language, which have not been revised since the adoption of the Law — from the current 5,100 – 6,800 hryvnias to 8,500 – 17,000 hryvnias.

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