26 February 2008, 09:47
The Bill (Reg. No.1077) proposes to allow distributors of foreign films to provide dubbing, voice-overs and subtitling of films in the State, Regional or National minority language of their choice.
Taking part in the discussion on the Bill were delegates from The Ministry of Culture and Tourism of Ukraine, State Cinematography Service of Ukraine, and Ministry of Economy of Ukraine.
Committee members agreed with the response from the Central Scientific Experts´ Office within the Administrative and Office Department of The Verkhovna Rada of Ukraine, and that of The Ministry of Justice of Ukraine, to the effect that dubbing, revoicing or subtitling of foreign films is sufficiently adjusted by current legislation and requires no changes.
The People´s Deputies stressed that the suggested amendment to Clause 14 of the Law ‘On Cinematography´, allowing the use of regional languages in revoicing and subtitling of films, in addition to the State language and National minority languages (pursuant to current legislation), is in conflict with Article 10 of The Constitution of Ukraine concerning the status of the State language, Clause 32 of the Law ‘On Languages in the Ukrainian SSR´, the Ruling of the Constitutional Court of Ukraine No. 10-рп/99 dd 14 December 1999, and the provision of the Law ‘On Ratification of the European Charter of Regional or Minority Languages. This states that the protection and encouragement of Regional or Minority languages should not be to the detriment of the State language and the need to learn it´. Committee members also took heed of the absence, in the Ukrainian language legislation, of the term ‘Regional and Minority languages´, making its use unacceptable.
The People´s Deputies feel that the provision, referring the choice of dubbing, revoicing or subtitling language to the distributor, cannot be used, since the cinematography business has its specific facets in being a public sphere of social life.
The Committee also feels that the Bill demonstrates a discrepancy with the Ruling of The Constitutional Court of Ukraine in the case of the Constitutional Submission by 60 People´s Deputies on the official interpretation of provisions of Part 2, Clause 14 of the Law ‘On Cinematography´ (film distribution case No. 13-рп.2007 dd 20 December 2007, which is obligatory for execution within Ukraine, is final and not liable to any appeal.