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CHAPTER 5. AMATEUR PERFORMANCE TEAMS
Article 24. Types, genres and forms of amateur performance teams
1. Amateur performance teams can be created in the form of:
1.1. professional amateur performance teams (hereinafter – professional team);
1.2. non-professional amateur performance team (hereinafter – amateur team);
1.3. authentic folk amateur performance teams (hereinafter – folk team).
2. The team is considered to be professional one if it consists of individuals who are all together engaged in artistic work on professional basis (as a rule, as a principal occupation that brings an income).
3. The team is considered to be amateur one if it consists of individuals who are all together engaged in artistic work, as a rule, on a voluntary basis, except a head of the artistic group who works on professional basis. The amateur team status is confirmed by the certificate of amateur team.
4. The team is considered to be folk one if it consists of individuals who are associated with natural folk ambience of a certain place; who acquired and now impart folk knowledge and skills within the framework of oral tradition; who are all together engaged in artistic work on the basis of self-organization and self-administration. Legal status of a folk team is determined by the Ministry of Culture of the Republic of Belarus.
5. In the Republic of Belarus can be created amateur performance teams of different genres (theatrical, vocal and choral, choreographic, instrumental music, decorative and applied, visual, circus, etc.) and forms (choir, ensemble, orchestra, studio, etc.).
Article 25. Status of professional and amateur teams which are not considered to be cultural organizations
1. Professional team which is not considered to be a cultural organization should be established as a structural unit of a legal person and works according to the regulations approved by the founder of a professional team.
2. Amateur team which is not considered to be a cultural organization should be established as a structural unit of a legal person or in any other form stipulated by legislation. Amateur team which is not considered to be a cultural organization works on the basis of general provision concerning amateur team approved by the Ministry of Culture of the Republic of Belarus and the certificate of the amateur team.
Article 26. Certificate of amateur team
1. Certificate of amateur team is a document which contains basic information about this team. The certificate of amateur team is issued by the Ministry of Culture of the Republic of Belarus in accordance with the established procedure.
2. Form of the certificate of amateur team is approved by the Ministry of Culture of the Republic of Belarus.
Article 27. The procedure of establishment of professional and amateur teams which are not considered to be cultural organizations
1. Legal person in the structure of which professional or amateur team is created can become a founder of such teams.
2. The procedure of establishment of professional team which is not considered to be cultural organization is determined by the founder of this team.
3. Peculiarities of establishment of amateur teams which are not considered to be cultural organization in state club institutions can be determined by cultural legislation and (or) the statute (provision) of respective club institution.
Article 28. Relationship between founders, professional and amateur teams which are not considered to be cultural organizations and their members
1. Members of a professional team which is not considered to be a cultural organization carry out their activities on the basis of participation (membership) in a legal person that acts as a founder of the professional team, or on the basis of a labour or civil law agreement (contract), which is concluded with the founder of the professional team in accordance with the legislation.
2. Members of an amateur team which is not considered to be a cultural organization carry out their activities on the basis of participation (membership) in a legal person that acts as a founder of the amateur team, or on the basis of admission (signing up) into the amateur team which is held on the basis of a voluntary will of an individual, including results of preceding selection (competition).
3. In the cases provided by the legislation, members of an amateur team which is not considered to be a cultural organization have a right to get rewards, as well as refund of charges related to their cultural activities.
Article 29. Administration in professional and amateur teams, which are not considered to be cultural organizations
1. Administration in professional or amateur team, which is not considered to be cultural organization, is carried out by the founder and the head of the team in accordance with the legislation, constituent documents (documents defining the status) of the founder of the team. In professional group administration is also carried out in accordance with the provision about the founder.
2. The head of professional or amateur team, which is not considered to be cultural organization, is appointed to or dismissed from this position by the founder of the team. The head is responsible to the founder for activity of the team.
3. Art council that consists of the members of professional or amateur team, which is not considered to be cultural organization, is a body of self-administration in such a team.
Article 30. Rights of professional and amateur teams, which are not considered to be cultural organizations
1. Professional and amateur teams, which are not considered to be cultural organizations, have rights to:
1.1. independently work out repertoire and cultural content of programs, unless anything else is stipulated by the provision concerning professional team;
1.2. carry out educational and creative, rehearsal and other activities aimed at preparation for concerts, performances and other public shows, exhibitions and other cultural events;
1.3. carry out theatrical, concert and exhibition activities, participate in festivals, parades, contests and other cultural events;
1.4. participate in the implementation of the social and creative orders.
2. All the deals and other legal operations aimed at the realization and the protection of the rights mentioned at the paragraph 1 of this article, as well as other rights which are provided to a professional or amateur team that is not a cultural institution as a subject of cultural activities in accordance with this Law, are implemented by the founder of a group when its head is represented.
3. The responsibility of the activity of a professional or amateur team that is not a cultural institution is borne by its founder in front of the state, individuals and legal person.
Article 31. The Honored teams of the Republic of Belarus
1. Professional and amateur teams which have made a significant contribution to the development of the Belarusian national culture and have important achievements in the field of art over a period of 10 years, can be conferred a title “Honored Team of the Republic of Belarus” and “Honored Amateur Team of the Republic of Belarus”.
2. An order of conferment, periodic confirmation and deprivation of a professional team of the title “Honored Team of the Republic of Belarus”, an amateur team – of the title “Honored Amateur Team of the Republic of Belarus”, peculiarities of their legal status are determined by the Government of the Republic of Belarus.
Article 32. People’s (exemplary) amateur teams
1. Constantly working amateur teams if there is an appropriate artistic level and characteristics which are provided by the Ministry of Culture of the Republic of Belarus can be conferred a title “People’s” (“exemplary”).
2. An order of conferment, periodic confirmation and deprivation of a title “People’s” (“exemplary”), peculiarities of the legal status of an amateur team with such a title, are decided by the Ministry of Culture of the Republic of Belarus.
Article 33. Academic professional collectives
1. Professional teams which have made a significant contribution to the development of the Belarusian culture and art can be conferred a status "academic".
2. An order of conferment, periodic confirmation and deprivation of a status “academic” and the peculiarities of the legal status of professional teams with such a status are decided by the Government of the Republic of Belarus.
Article 34. Termination of the activity of professional and amateur teams which are not considered to be cultural institutions
Termination of the activity of a professional or amateur group which are not considered to be cultural institution is implemented according to a decision of the founder of a team, as well as on the grounds provided by the legislation.
See also: CHAPTER 6. CULTURAL VALUES
© National Academy of Sciences of Belarus, 2011
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