Laws and regulations governing the work of artists
a) Employment and working conditions:
- Law of Ukraine on Payment for Labour, n° 108-95, 24 March 1995.
- Law of Ukraine on Vacations, n° 505-96, 15 November 1996.

Some specific laws applicable to artists and cultural workers: 
- Basic Laws of Ukraine on Culture, Law n°275CrIII, 4 October 2001
- Law on Theatres and Performing Activities, forthcoming.

b) Social welfare (health insurance, occupational accidents, disability, unemployment and pensions):
Article 46 of the Constitution of Ukraine guarantees social protection for all Ukrainian citizens. Artists and cultural workers may enjoy certain social protection and privileges (extra space for studios, discounted rent and utilities, etc.), according to the Ukrainian law. In practice, however, this seldom works.  For example, article 28 of the Basic Laws of Ukraine on Culture stipulates that the average salary of employees of state-owned cultural institutions cannot be lower than that in the national economy. This declaration, however, has been never completed.

c) Training
There are no separate laws on cultural and artistic education in Ukraine. 
The following general laws of Ukraine regulate cultural and artistic education:

• Law On Education and Higher Education, n° 1060-XII, 23 May 1991.
• Law On Out-of-School Education, n° 1841-111, 22 June 2000.
• Law On Scientific and Technical Activity, 12 January 1998.
• Basic Laws of Ukraine on Culture, Law n°275CrIII, 4 October 2001.

WORKING CONDITIONS

Professional status
The professional artist is a “person whose artistic activity is his/her major business and major source of income”, as defined in article 19 of the Basic Laws of Ukraine on Culture (4 October 2001). A person is recognized as a professional artist if he/she meets most of the following conditions: presents his/her work to the public; receives remuneration for this and pays tax; has followed an artistic education at a recognised institution or with a qualified specialist; and has official degrees or professional honours and awards.

Typically, an artist is recognised as “professional” when he/she is a member of a legally registered artistic union. This status is granted upon certain formal requirements that vary according to the union.

According to the Law on Professional Artists and Artistic Unions (1997), the government supports 11 national artists unions to provide their members with scholarships, financial assistance, support in case of illness or death, grants, etc.

Health care system
Health protection and public health services are the same for everybody. However, members of artistic unions may receive extra services from the rest homes and recreation facilities that belong to their unions. Private (commercial) health services are available for those who can afford them. The majority of artists belong to the low-income category of citizens and rely mostly on public health services. 

Administrative inspections
The National Inspection for Educational Institutions (Ministry of Education and Ministry of Culture) carries out inspections on working conditions. Inspectors from these bodies cooperate with respective trade unions to manage these inspections.  Penalties for failure to comply with minimum standards are applied in the form of warnings, fines and possible closure of the institution according to the law.

SOCIAL WELFARE

Insurance schemes
The Law of Ukraine On Pension System (n° 1788-XII, 5 November 1991) stipulates that any citizen of a certain age is eligible for a pension from the government. 
The resolution of the Cabinet of Ministers n° 1266 from 29 September 2001 outlines the criteria to be eligible for government paid social security in cases of temporary or permanent disability.
Social coverage is compulsory. The government automatically deducts money for social security, while trade unions and artistic unions create their own security funds voluntarily.

REMUNERATION

Salary is paid according to the individual or collective agreement between the employee and the employer. Typically, salary is paid once a month. Royalty is paid according to the Law of Ukraine On Copyrights and Adjacent Rights (n° 2627-III, 11 July 2001) that provides artists with various possibilities to manage their copyrights, via direct contracts or through authorized art agencies.

UNEMPLOYMENT

Currently, no separate system for artists exists.
Trade unions and artists’ unions administer the unemployment insurance scheme of their respective members.

Source: Ukrainian Centre of Cultural Studies, December 2003.

Standard-setting instruments:

• Act n° 554/97-VR of 07-10-1997 on professional artists and unions of artists (text n° 312)
  Vidomosti, December 1997, n° 52, pp. 978-987.
  

Useful links:

• Ministry of Culture and Tourism
• Ministry of Education and Science