Law on Centres for Culture


Published: 0000-00-00

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REPUBLIC OF LITHUANIA
 
LAW
ON CENTRES FOR CULTURE
 
 
15 July 2004 No IX-2395 Vilnius
 
CHAPTER ONE
GENERAL PROVISIONS
 
Article 1. Purpose of the Law
This Law shall establish the founding, reorganisation, ceasing to exist, management, activities, classification, financing of centres for culture, as well as other relations pertaining to activities of centres for culture.
 
Article 2. Main definitions of the Law
1. Accreditation means recognition that a legal person meets the requirements set out for a centre for culture.
2. Hobby group means artistic creative self-expression seeking persons gathered together with the intention of self-development.
3. Multifunctional centre for culture means a cultural institution fostering and propagating various fields and genres of culture.
4. Centre for culture means a legal person established in accordance with the procedure laid down by laws and recognized in accordance with the procedure laid down by this Law, who fosters ethnic culture, amateur art through its activities, creates artistic programmes, develops educational, recreational activities, satisfies community cultural needs, and organizes dissemination of professional art.
5. Amateur art means a publicly performed repertoire the performers or a collective (collectives) of performers of which are amateurs who do not receive income from such activity.
6. Artistic collective of amateurs means a group of persons which engages in artistic self-expression in spare time, has its repertoire and can present it to spectators.
7. Recreational activity means spare-time activity designed for recreational communication and rest, and closely related to topical issues.
8. Repertoire means a totality of created and publicly performed works of performing arts.
9. Performing arts means an artistic work (a performance, concert or another artistic programme) created by making use of stage spaces as well as audio elements and motions, and publicly performed in a certain public place which is simultaneously attended by an unlimited group of public members.
10. Specialised centre for culture means a cultural institution fostering and propagating an individual cultural field or genre.
11. Socio-cultural activity means a specific sphere of community activity which creates favourable conditions for the community to fulfil social, cultural and educational needs on purpose to integrate into society.
12. Workshop means an assembly of training and educational nature designated for people of different age groups and education levels, and having its long-term programme on aesthetic activities.
13. Educational activity means an activity of training and cognitive nature designed for people of different age groups and education levels.
 
CHAPTER TWO
FOUNDING, CLASSIFICATION OF CENTRES FOR CULTURE,
SPECIFIC FEATURES OF LEGAL REGULATION OF THEIR ACTIVITIES
 
Article 3. Founding of centres for culture
The legal basis of founding of centres for culture shall be an act of founding of an institution, which shall be adopted by the founder in accordance with the procedure laid down by laws.
 
Article 4. Classification of centres for culture
1. Centres for culture shall be divided into state centres for culture, municipal centres for culture and other centres for culture.
2. State centres for culture shall be centres for culture the legal form of which is a budgetary institution or a public establishment, and the founder of which is the Ministry, the county governor.
3. Municipal centres for culture shall be centres for culture the legal form of which is a budgetary institution or a public establishment, and the founder of which is the municipal council.
4. Other centres for culture shall be centres for culture which are public or private legal persons, with the exception of the centres for culture referred to in paragraphs 2 and 3 of this Article.
5. Centres for culture shall be divided into specialised and multifunctional according to the type of activity.
6. Centres for culture shall be divided into centres for culture of the highest, first, second or third categories according the criteria of activity and resource base, set out by the Ministry of Culture.
 
Article 5. Specific features of legal regulation of activities of centres for culture
1. Centres for culture shall be founded, reorganised and liquidated only on the grounds set down by the Civil Code, the Law on Budgetary Institutions or Public Establishments. Founders of centres for culture may set out issues related to founding procedure, which are not regulated by the laws.
2. Activities of centres for culture shall terminate by way of liquidation or reorganisation.
3. A decision regarding liquidation or reorganisation of centres for culture shall be taken by the institution or a meeting of the members of the legal person, which took the decision regarding the founding of a centre for culture.
4. The name of each centre for culture as an institution, regardless of its legal form, must indicate the words “centre for culture”.
5. A legal person seeking the recognition as a centre for culture must carry out at least two of the following functions:
1) to create conditions for dissemination of ethnic culture, to propagate old cultural traditions, customs, to guarantee continuity of ethnic culture;
2) to organise activities of  artistic collectives of amateurs, workshops, and hobby groups;
3) to take care of preparation of artistic collectives of amateurs and their participation in song festivals, local, regional, national and international events;
4) to organise recreational, educational and other events;
5) to organise commemoration of national holidays, remembrance days, calendar feast days;
6) to take care of employment, artistic education of children and youth;
7) to create and give a sense to contemporary modern forms of artistic activity;
8) to organise events popularising ethnic culture, amateur art, to meet other cultural needs of the community;
9) to create conditions for dissemination of professional art;
10) to meet socio-cultural needs of the community.
6. The founder shall recognise a legal person as a centre for culture in accordance with the accreditation procedure laid down by the Ministry of Culture.
7. Accreditation shall be carried out by the commission set up by the founder, which shall also comprise representatives of the Ministry of Culture.
8. Requirements for accreditation of a centre for culture shall be as follows:
1) it possesses premises suitable for activities and means necessary for organisation of work;
2) it has cultural and art workers of appropriate qualification;
3) it systematically draws up activity plans and implements them.
9. A legal person seeking recognition as a centre for culture shall, together with an application, submit the following documents to the founder:
1) a copy of the founding documents of the legal person;
2) a copy of the documents concerning ongoing and planned activities, an available and planned activity programme for the year;
3) a list of workshops, hobby groups, artistic collectives of amateurs which function within the centre for culture;
4) a list of cultural and art workers and copies of the documents confirming their education and appropriate qualification;
5) copies of the documents proving the administering of premises suitable for activities on the basis of the ownership right, the right of trust or under a tenancy contract or a loan-for-use contract, as well as information about administrative personnel.
10. The founder of a centre for culture shall notify the Ministry of Culture about the founding, reforming, reorganisation or liquidation of the centre for culture, or about the founding or closing of their branches.
 
Article 6. Regulations of centres for culture
1. Regulations of centres for culture shall be approved by their founders or a meeting of the participants.
2. Regulations of centres for culture shall be a legal document followed by the centres for culture in their activities.
3. The following must be indicated in regulations of centres for culture:
1) the name of an institution;
2) the head office;
3) a type and purposes of activities of a centre for culture;
4) the procedure for founding, competence, functions and responsibility of  management bodies of a centre for culture;
5) the procedure of employment of workers;
6) the procedure of payment for work;
7) sources of funds, procedure of the use thereof, control over financial activities and other provisions.
 
Article 7. centre for culture council
1. A collegiate centre for culture council in an advisory capacity must function in a state and municipal centre for culture. The director of the centre for culture may not head the centre for culture.
2. The number of members of a state and municipal centre for culture council, the procedure for setting up and recalling it, and its competence shall be laid down in the regulations of this institution. They shall be approved by the founder.
3. A state and municipal centre for culture council shall consider and evaluate seasonal and prospective artistic activity programmes, results of their implementation, discuss the latest artistic programmes and present proposals regarding their artistic quality and supervision, as well as other issues provided for in the founding documents and regulations of the centre for culture.
4. A collegiate centre for culture council in an advisory capacity may be set up in accordance with the procedure prescribed by the founding documents of other centres for culture; its objectives and functions shall be set out in the founding documents of a concrete centre for culture.
 
CHAPTER THREE
FINANCING OF centres for culture
 
Article 8. State financing and other funds of centres for culture
1. State and municipal centres for culture shall be financed from the state or municipal budgets respectively.
2. Other centres for culture shall be financed with the founder’s funds.
3. Centres for culture may receive state and municipal budgetary appropriations by taking part, according to the procedure laid down by legal acts, in competitions announced by the Ministry of Culture, counties, municipal councils for the implementation of appropriate cultural activity programmes financed from the state or municipal budgets.
4. The State and municipalities may additionally finance with their budgetary funds the activities of centres for culture pertaining to the organisation of state events.
5. Sources of funds of centres for culture may also include other non-budgetary funds acquired and used in accordance with the procedure laid down by the founders of the centres for culture.
 
CHAPTER FOUR
LABOUR RELATIONS OF WORKERS OF Centres for culture
 
Article 9. Specific features of regulation of labour relations of heads of centres for culture
1. Heads of state and municipal centres for culture shall be appointed to the office through competition in accordance with the procedure laid down by legal acts. The Ministry of Culture shall lay down qualification requirements for heads of state and municipal centres for culture.
2. A list of positions held through competition and competition procedures in other centres for culture may be established by the employer or the founder.
 
Article 10. Regulation of labour relations of workers of centres for culture
Labour relations of workers of centres for culture shall be regulated by the Labour Code and other legal acts.
 
Article 11. Remuneration for work and assessment of workers of centres for culture
1. Remuneration for work of workers of centres for culture shall be fixed in compliance with the Labour Code and other legal acts.
2. The founder shall, in accordance with the procedure laid down by the Ministry of Culture, perform the assessment of cultural and art workers of state and municipal centres for culture. The assessment commission shall also include representatives of the Ministry of Culture or the county.
 
CHAPTER FIVE
STATE MANAGEMENT OF ACTIVITIES OF CENTRES FOR CULTURE
 
Article 12. Competence of the Ministry of Culture in the sphere of regulation of activities of centres for culture
1. The Ministry of Culture shall implement and co-ordinate within the limits of its competence the state policy in the sphere of regulation of activities of centres for culture.
2. The Ministry of Culture shall fulfil the following functions:
1) it founds, reorganises and liquidates cultural institutions providing methodological assistance to cultural and art workers of centres for culture, helping to implement qualification improvement programmes for cultural workers;
2) it establishes a strategy of the development of centres for culture, finances cultural programmes and projects related to activities of centres for culture, which are important for the Lithuanian culture;
3) it draws up drafts of legal acts regulating activities of centres for culture and approves them in the prescribed manner;
4) it approves a list of positions of cultural and art workers of centres for culture;
5) it approves forms of statistical reports of centres for culture;
6) it organises qualification improvement of workers of centres for culture;
7) it approves regulations of assessment of cultural and art workers of state and municipal centres for culture, and supervises the assessment;
8) it approves criteria of grating of categories to centres for culture;
9) it lays down a procedure of accreditation of centres for culture;
10) it provides methodological and organisational assistance for cultural and art workers of centres for culture in the field of amateur art, gathers and analyses information about the state of amateur art;
11) it arranges for acquisition of copyrighted works, publication of information and methodological literature popularising amateur art;
12) it arranges for organisation of events popularising amateur art.
 
Article 13. Powers of other Ministries and a county governor in the sphere of regulation of activities of state centres for culture
Other Ministries and a county governor shall:
1) found, reorganise and liquidate state centres for culture in accordance with the procedure laid down by laws;
2) analyse and control activities of state centres for culture;
3) organise qualification improvement and assessment of cultural and art workers of state centres for culture;
4) present proposals to the Government and other state government institutions on the issues related to activities of state centres for culture;
5) grant categories to state centres for culture.
 
Article 14. Powers of a municipal council in the sphere of regulation of activities of municipal centres for culture
A municipal council shall:
1) found, reorganise and liquidate municipal centres for culture in accordance with the procedure laid down by laws;
2) analyse and control activities of municipal centres for culture;
3) establish a strategy of development of municipal centres for culture;
4) draw up drafts of legal acts regulating activities of municipal centres for culture;
5) co-ordinate participation of municipal centres for culture in international cultural programmes;
6) organise qualification improvement and assessment of cultural and art workers of municipal centres for culture;
7) grant categories of municipal centres for culture.
 
Article 15. The Council of Centres for Culture
1. A collegiate Council of the Centres for Culture in an advisory capacity shall be set up under the Ministry of Culture, which shall carry out the expert and consultant functions when resolving the issues concerning the shaping and implementation of a policy of Lithuanian centres for culture.
2. The Council of Centres for Culture shall comprise 11 members. 8 members shall be appointed and recalled by the Association of Lithuanian Centres for Culture, 3 – by the Ministry of Culture.
3. The Ministry of Culture shall approve the composition of the Council for a period of two years, its regulations, a procedure of payment for services rendered.
 
CHAPTER SIX
FINAL PROVISIONS
 
Article 16. Entry into force of the Law
This Law, with the exception of Article 17, shall enter into force on 1 January 2005.
 
Article 17. Implementation of the Law
Prior to the entry into force of this Law, the Ministry of Culture shall prepare and approve the following:
1) regulations of the Council of Centres for Culture, a procedure of payment for services rendered;
2) regulations of assessment of cultural and art workers of state and municipal centres for culture;
3) a list of positions of cultural and art workers of centres for culture;
4) qualification requirements for heads of state and municipal centres for culture;
5) criteria of assigning centres for culture to certain categories;
6) regulations of the procedure for accrediting centres for culture.
 
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
 
 
 
PRESIDENT OF THE REPUBLIC                                                 VALDAS ADAMKUS