Article 309. The right to freedom of literary, artistic, scientific and technical creativity

1. A physical person has the right to freedom of literary, artistic, scientific and technical creativity.

2. A physical person has the right to a free choice of spheres, change and forms (methods, methods) of creativity.

Censorship of the process of creativity and the results of creative activity is not allowed.

1. The right to freedom of literary, artistic, scientific and technical creativity, which is referred to in this statute, is sufficient with an important guarantee of universal and harmonious development of the individual in society. Given the right to harmonize the development of the position, which is fixed at Art. 54 of the Constitution of Ukraine and Art. 27 Declaration of human rights.

According to the concept of “freedom of literary, artistic, scientific and technical creativity” one should understand the ability of an individual to the power of judgment and, to his own ability, designate a sphere, understand that form of creativity. Prote freedom of creativity is not the same as permissiveness. And to that at a moment, if creativity is given to propagating the war, national and religious witches, changing the path of violence of the constitutional way, or the territorial integrity of Ukraine; propagating fascism and neo-fascism, belittling or portraying a nation as a specialty for a national sign, propagating bouzouvirstvo, blues playing, indifference to national and religious shrines, downplaying specialness, vad (kalitsva), for mentally ill, summer people, propagating ignorance, dislike to fathers, propagating drug addiction, substance abuse, alcoholism, tyutyunopalinnya and other shkidlivy zvichki, then such “freedom” can and is guilty of being surrounded, for example, with a path overlaying a fence on the production of those products that are avenged such creativity (Article 2 of the Law of Ukraine ” About the defender of suspenseful morality”).

2. Guaranteeing the existence of this right to prevent censorship of creative activity. Under the understanding of “censorship” legislator razumіє “I can, straightened to the problem of mass information, journalist, editor-in-chief, organization, scho zdіysnyuє release of the law of mass information, yogo zasnovnik (spіvzasnovnik), vidavtsya, rozpovsyudzhuvach , ahead of time to understand the information that is being expanded (crim vipadkiv, if so, it may be possible to see the author of the information or the other subject of copyright and (or) the total rights to it), and/or the invoice of the fence (crim vipadkiv, if such a fence is imposed by the court) uvannu abo broadening of information from the side of state authorities, bodies of self-regulation, their townsmen” (Article 451 of the Law of Ukraine “On Information”).

In case of this, the legislator zaboronaє vtruchannya in forms that are not transferred by the legislation of Ukraine but by an agreement, we will lay down between the founder (sponsors) and the editorial office of the mass information, the professional activity of journalists, control over the publishing of information tsії, scho expand, from the side of the founders (spіvznovnikіv) zasobіv mass information , organs of state power or organs of the mass self-registration, planting osіb tsikh organіv, zokrema with a method of expanding and non-expanding singing information, locking in suspension of significant information, overlaying the fence on the display of okremi osі otherwise, more information about them, fence off criticizing the organs of the state government or the organs of the political self-regulation, or їх posadovih osіb. The guarantee of this and also the fence of the creation of any state authorities, installations, introduction of settlements, on the basis of an increase in the control over the spread of information, which is expanded by the means of mass information.

3. Civil-legal regulation and protection of creativity, as one can find one’s own influence in the singing material results of creativity (create science, literature, art, winemaking, colorful models, handicrafts, etc.) Book 4 of this Code.