257/2001 Coll.
LAW
of 29 April 2004. June 2001
about libraries and the conditions of operation of the public library and
information services
(the Library Act)
Change: 1/2005 Sb.
Change: 216/2006 Coll.
Change: 341/2006 Sb.
Change: 227/2009 Sb.
Change: 281/2009 Sb.
Change: 142/2009 Sb.
Parliament has passed the following Act of the United States:
§ 1
The subject of the edit
(1) this Act regulates the system of public libraries
Library and information services and the conditions for their operation.
(2) this Act does not apply to the library operated on the basis
trade licence.
§ 2
Definition of basic terms
In this Act shall mean the
and) library device in which are a way of guaranteeing equal access to
to all, without discrimination, provided public library and information services
as defined in this law, and which is registered in the records of libraries,
(b) information document library fountain) logged as a separate
library collection the library unit
(c)) the library Fund organized, constantly refilled, processed,
ochraňovaný and retained the file library documents
(d)) meziknihovními services file of borrowing, information and
reprographic services, which shall be carried out with the aim of library
to make available to its users to the library documents, regardless of the place of
their imposition,
e) historical Fund holdings consisting of library documents
incurred to the year 1860 or have in the industry for its uniqueness
historical value, or other library collections with special
a historical and cultural value, if defined in the Statute was as follows
library or in another legal act,
f) preserving the Fund holdings consisting of library
documents that the library received as recipient of the legal deposit by
a special legal regulation, ^ 1)
g) a specialized fund holdings consisting of library
documents of a specific, usually to the departmental focus,
h) regional features function, in which the regional library and
next to her, in charge of the library to provide basic libraries in the County
above all, consulting, training, and coordination services, building Exchange
funds and sending files of library document exchange and exercise
other necessary activities to assist the development of libraries, and their
public library and information services,
I) operator of the library of the natural or legal person, which
on behalf of the library provides library and information services to the public.
§ 3
System libraries
(1) the system libraries make up
and) National Library of the Czech Republic (hereinafter referred to as the "National Library"),
Library for the blind and the printer to e. Macana, Moravian library
in Brno, Czech Republic, set up by the Ministry of culture (hereinafter referred to as "the Ministry"),
(b) a county library established) by the competent authority of the region,
(c)), set up by the core library by the competent authority of the municipality,
d) specialized library.
(2) the libraries referred to in paragraph 1 (b). (c)), and (d)) and may be set up
other entities that are not listed in paragraph 1.
§ 4
Public library and information services
(1) public library and information services are
and in making the library) documents from the holdings of the library
or through the inter-library services from other library collection
the library,
(b)) in providing oral bibliographic, reference and
factual information and research,
(c) the provision of information from) the external information sources, in particular
information from State and local governments,
(d)) in allowing access to information on the Internet, for which the library has
free access.
(2) public library and information services, referred to in paragraph 1,
the operator shall be obliged to provide the library free of charge, with the exception of
and making available the documents of the library) library collections, library
having the character of copies of audio or sound image
record, ^ 3)
(b) the disclosure of the documents from the library) holdings of other
the provision of libraries in the framework of interlibrary lending of copies thereof,
reprographic services
(c) the disclosure of the documents from the library) library collections in libraries
international interlibrary lending services.
(3) the operator of a library can provide additional services consisting of
in particular, the
and in allowing access to) paid to the information on the Internet
(b)) in the cultural, educational and training activities,
(c)) on the issue of thematic publications,
(d)) in the provision of Reprographic services,
(e)) in the provision of written bibliographic, reference and
factual information and research.
(4) the operator of a library is entitled to claim for the provision of
Library and information services, referred to in paragraph 2 (a). a) to
(c)), and other services to the reimbursement of costs actually incurred.
(5) the operator of a library is entitled to claim reimbursement of the costs
incurred for the administrative tasks associated with the registration of users
Library.
(6) the operator of a library is required to ensure equal access for all to
public library and information services and other services
provided by the library.
(7) the operator shall issue library library regulations, which sets out the details of the
the provision of library and information services.
Records of libraries
§ 5
(1) the Ministry leads
records of libraries
that is public accessible information system.
(2) the application for entry in the register (hereinafter referred to as "the draft")
the operator of a library.
(3) the proposal includes
a) name or business name of the operator, its identification number
the person, its registered office, subject, activity and legal form, if the operator
Library of the legal person,
(b)) name, surname and date of birth of the operator, its identification
number of the person, if any, and his place of residence, if the
the library operator means a natural person,
(c)) and the type of address, the name of the library (section 9 to 13), where applicable, its
specialization.
(4) to the application connects the library regulations.
(5) if the operator of a library of legal person is entered in the
public list by a special legal regulation, ^ 4) is
the operator shall also be accompanied by a statement from the public
the list, which may not be older than 60 days. If the provider library
an organization, ^ 5), or if the State or territorial
Government Unit, through its branch library, is
the operator shall be obliged to accompany the application provisioning document, where appropriate,
the Statute of the subsidized organizations or departments.
(6) if the proposal is complete, the Ministry asks the operator to design
added by him within 15 days from the date of receipt of the request, and warns him that if
This deadline is not respected, the Ministry will postpone the proposal.
§ 6
(1) if the device provides a way of guaranteeing equal access to all
public library and information services as defined in this Act,
the Ministry is recorded in the records of libraries. Certificate of completion
the Ministry will issue its enrollment to the operator within 15 days from the date of
the delivery of a complete proposal.
(2) if the device does not provide a way to guarantee equal access to all
public library and information services as defined in this Act,
the Ministry shall reject the proposal.
§ 7
(1) the operator shall notify the library of the Ministry of
any change of information registered in the records of libraries, and no later than
30 days from the date on which the change occurred.
(2) the Ministry performs the modification of a registration in the register within 30 days from the libraries
service of the notice and of the change within 30 days from the date of receipt of the notification
shall issue the certificate.
§ 8
(1) the Ministry from their own or other initiative decision cancels the
the entry in the records of libraries, if the library no longer meet the characters
Library pursuant to section 2 (a). and).
(2) the Ministry decision cancels the registration in the Register also to libraries
the basis of the notification of an operator to terminate the operation of the library.
(3) the decisions referred to in paragraphs 1 and 2, the Ministry shall determine the date for the
which the registration in the register of the libraries.
Types of libraries
§ 9
The National Library of
(1) the national library is a library with Universal Library Fund
supplemented by specialized funds. The national library shall be kept permanently
Conservation Fund and the historic pool.
(2) the national library is the center of the system libraries. In the system libraries
It shall exercise coordinating, vocational, educational, informational, analytical,
research, standardisation, methodological and consulting business, in which
in particular, the
and Union catalogue) handles the records of library documents
in library libraries in the Czech Republic, which the
makes available to libraries,
b) handles the national bibliography and ensures the coordination of the national
a bibliographical system,
(c)) performs the function of national agency for international standard numbering
books and sheet music,
d) serves as a National Center of inter-library services of the Czech Republic,
e) serves as a National Centre for the international exchange of official
publications, ^ 6)
(f) library system libraries) represents when dealing with collective
Copyright in the case of payment of remuneration for the use of subject-matter
under special legislation ^ 7) and makes the payment of the remuneration for their
lending,
(g) national coordination) for the regional features and evaluates
their fulfilment.
§ 10
Library for the blind and the printer to e. Macana and Moravian
library in Brno
(1) Library and the printer for the blind is a library with Office
the Universal Library Fund; kept permanently preserving the Fund and
the historical Fund.
(2) the Moravian library in Brno is a library with universal
the library Fund, possibly supplemented by specialized funds; permanently
holds preservation fund and the historical Fund. Performs the function of the regional
libraries in the Czech Republic.
§ 11
Regional library
(1) regional library is a library with Universal Library Fund
where appropriate, supplemented by specialized funds. Regional library permanently
holds preservation fund and the historical Fund.
(2) regional library is part of the system libraries of the performing
coordination, support, information, educational, analytical, research,
methodical and advisory activities, which also
and) works with the national library in the processing of national bibliography
and in the processing of Union catalogue,
b) processes and provides access to regional information and database
provides coordination of the regional bibliographical system,
(c) Regional Centre), inter-library services
d) works with libraries in the region in the implementation of new technologies in the
the area of the public library and information services.
(3) regional library performs and coordinates the implementation of regional features
selected basic libraries in the County. Treaty on the transfer of regional
features on selected basic libraries must be in written form. The performance of
regional features and ensures the coordination of the county from the cash
funding of its budget.
(4) where the regional library in the place of their residence and the function of the basic
the library participates in providing this feature.
§ 12
Basic library
(1) the core library is a library with Universal Library Fund or
with a specialized library Fund.
(2) the basic library is part of the system libraries of the performing
informational, cultural and educational activities.
section 13 of the
Specialised library
(1) the specialised library is a library with a specialized library
Fund.
(2) specialised library is part of the system libraries of the performing
coordination, support, information, educational, analytical, research,
methodical and advisory activities, in which, in particular,
and) works with the national library in the processing of national bibliography
and in the processing of Union catalogue,
b) processes and exposes the thematic and specialized bibliographies and
database,
(c)), in cooperation with the National Library fulfils the function of the Centre of interlibrary lending
services in the area of their specialization,
d) cooperates with libraries in the area of their specialization in the implementation
new technologies in the area of public library and
information services.
§ 14
Interlibrary services
(1) if the library is not in the library the library document whose
the disclosure of its user requested, the operator of this library
(hereinafter referred to as ' the requesting library ") the duty within the inter-library services
ask the operator of another library on the mediation of this library
document, or to provide information about him (hereinafter "the requested
the library ").
(2) the supplying library is required to the requesting library for its users
library document from your library to mediate so that the
the library document requesting library to loan or give her
a copy of it, where appropriate, it shall provide information where the library
the document found.
(3) if the request for mediation library document processed
its lending library, the applicant shall be obliged to return the borrowed library
the requested document library within the agreed period and the corresponding State. After
for borrowing library document bears the responsibility for damage
or loss.
(4) interlibrary loan and information services the library is obliged to
provide free of charge. For the provision of a copy of a document from within the library
inter-library services the supplying library reproduction request
reimbursement of the costs incurred. Libraries may require operators to
reimbursement of the costs of transporting the library document.
(5) the operator is required to keep records of libraries inter-library
services provided by the.
(6) the details of the request for mediation library document lays down
the implementing legislation. The implementing legislation to determine who
operators are required to pass the library request for mediation
the library of a document within the service to foreign libraries, interlibrary loan
where applicable, provide to the operator of a library participating in the international
Interlibrary services methodological help.
§ 15
Support for libraries
(1) the operator of a library can be from the funds of the State
budget, State-owned financial assets or national fund provided
by a special Act ^ 8) assigned the specified subsidies in particular
and) science and research projects
(b)) the introduction of new technologies in the field of the public
Library and information services,
(c)) support link libraries on the network,
(d) processing of information sources) into electronic form and their
disclosure,
(e)) of the tween library collection,
f) protection of library collection from the adverse effects of the environment,
g) access library collections for citizens with disabilities
h) projects in the field of cultural, educational and training activities,
I) ensure enforcement of regional features
j) continuing vocational training of workers security libraries
to the construction or reconstruction of the object) library
l) object library security equipment and fire protection systems.
(2) for the determination of priority areas for the provision of subsidies to the
the Ministry shall request the opinion of the Central Library of the Council
the Ministry will establish, will issue its statutes and rules of procedure.
(3) the Government shall lay down the rules for the granting of aid under paragraph
1, in particular, under what conditions, how much and in which time limits are
the subsidy provided.
section 16 of the
Registration and revision process
(1) the operator shall keep records of library holdings. Registration
library must permit inspection of individual records and
to guarantee their originality.
(2) to validate the compliance records of the individual records of library
the actual status of documents the library operator is obliged to
make revisions to the library Fund,
a) once every 5 years if its library collection does not exceed 100 000
Library of documents,
(b)) every 10 years if its library collection exceeds 100 000
Library of documents and does not exceed 200 000 library documents
c) once every 15 years, if its library collection exceeds 200 000
Library of documents and does not exceed 1 000 000 library documents.
(3) if the library collection exceeds 1 000 000 library documents library
and if it does not exceed 3 000 000 library documents, the operator is
required to carry out a review of the library gradually, so that every year
does the revision of part of the library collection to a minimum of 5% of the total
the number of library documents in the library Fund.
(4) if the library collection exceeds 3 000 000 library documents, library
the operator is obliged to carry out a review of the library in the range
provided for the revision of an approved plan, the founder of the library, at least in the
the range of 200 000 library documents per year.
(5) the operator is obliged to ensure the library's recording of the outcome
revision of the library collection.
(6) The procedure for the revision of the library collection under this Act shall
not covered by special legislation. ^ 9)
(7) the details of the record keeping and registration of the library collection
on the outcome of the revision of the library lays down detailed legislation.
§ 17
Eviction of library documents
(1) from the library collection the library can dispose only
and library documents) that do not match the focus of library collection
the library and its tasks,
(b)) multiplikáty library documents
c) library documents worn, incomplete or damaged so that the
ceased to be an information source.
(2) documents from the library Fund and the historic preservation fund may be
knocking off only with the consent of the Ministry.
(3) the operator is obliged to offer the library to purchase library
documents excluded by
and paragraph 1 (a)). and a) and b) to the operator of another library of the same species, and
If such a refusal, the operators of the library, which is
part of the school, ^ 10)
(b) of paragraph 2, the National Library).
If not so, the operator will offer retired repurchased library
documents to buy another lead. If there were even such repurchased,
You may donate or dispose of.
(4) in accordance with paragraphs 1 to 3 shall not progress in decommissioning of library
documents protected under special legislation. ^ 11)
(5) when the library is its interference, the operator shall follow the
paragraphs 2 to 4.
section 18
Protection of library collection
The operator is obliged to ensure the library
and in the library collection) the location of appropriate conditions for the granting of
public library and information services,
(b)) the protection of library collections from theft and damage, in particular
protect it from the adverse effects of the environment,
(c) restoration of library documents). transferring them to another
medium, if it is necessary for their permanent preservation.
Penalties
§ 19
(1) if the Department finds that the operator has breached the obligation to library
pursuant to § 7 para. 1, § 14 para. 5, § 16 para. 1 to 4 or one of the
obligations under section 18, saves him to remedy the deficiencies found and the
set a reasonable term to do.
(2) if the operator of a library in this period the deficiencies found
It does not delete, impose a fine of Ministry from 5 000 € to 200 000
CZK.
section 20
The Ministry impose a fine of from 25 000 to 500 000 CZK
the operators of the library, if you violated the obligation according to § 14 para. 2 or
3, the procedure for imposition of library documents pursuant to § 17 para. 2 or 3
or obligation under § 17 para. 5.
section 21
(1) in fixing the amount of the fine to take account of the extent and severity of the
infringement and the consequences of the breach of the obligation.
(2) the procedure for the imposition of fines can be initiated not later than 1 year from the date
When the Ministry about the breach of the obligation as possible, but not later than within 3
years after the breach of the obligation, and in the case of violations of the same
obligations, within 3 years from the time the violation of obligations
Yet it took.
(3) a fine can be imposed not later than 5 years from the date on which the infringement
the obligation has occurred or when breaches of this obligation has ended.
(4) the penalty is due within 30 days from the date when the decision on its imposition
came into legal force. Fines collected and enforced by the Ministry.
(5) the fines are State budget revenue.
(6) against a decision imposing a fine is subject to appeal in
the Court.
section 22
Powers of execution
The Ministry will issue a decree to implement paragraphs 14 and 16.
Common, transitional and final provisions
Article 23 of the
In the decision-making process and the issue of certificates in accordance with this Act shall apply
administrative code, unless otherwise provided by this Act.
§ 23a
(1) for the execution of the authority under this Act, the Ministry of the uses
basic population register these reference data:
and) surname,
(b) the name or names),
(c) the address of the place of stay)
(d)) of the date, place and County of birth; for the data subject, who was born in
abroad, the date, place and the State where he was born,
(e)) of the date, place and County of death; in the case of the death of the data subject outside the territory
The United States, date of death, place and the State on whose territory the death
has occurred; If it is issued the Court's decision on the Declaration of death, day,
that is the decision, listed as the day of death or the day that did not survive, and
date of legal effect of this decision,
f) nationality, or more of State citizenship.
(2) for the execution of the authority under this Act, the Ministry of the uses
the information system of the population register of the following particulars:
and the name or names), surname, maiden name,
(b)) date of birth,
c) gender,
d) place and County of birth, in the case of birth abroad instead of and the State
(e)), social security number,
f) nationality, or more of State citizenship,
g) address of residence, including previous address space
permanent residence address (if applicable), to which are to be delivered
documents under a special legal regulation,
h) origin of the residence, where appropriate, the cancellation date data on the place of
permanent residence or the date of their permanent residence in the territory of the United
Republic,
I) deprivation or restriction of legal capacity, the name or
name, last name and social security number of a guardian, if assigned,
the date, place and County of birth, and the guardian, who was born in
abroad, the place and the State where he was born,
j) the name or name, last name and social security number of the father, mother,
or another legal representative,
k) date, place and County of death; in the case of the death of a citizen outside the United
Republic, date of death, place and the State on whose territory the death occurred,
l) day, who was in the Court decision on the Declaration of death listed
as the day of death, or as a day that did not survive.
(3) for the execution of the authority under this Act, the Ministry of the uses
information system for foreigners the following information:
and) the name or name, last name,
(b)) date of birth,
(c) the social security number),
d) gender,
(e)) instead, and the State where the alien was born; in the case that the alien
He was born on the territory of the United States, place and County of birth,
f) nationality, or more of State citizenship,
(g)) the type and address of the place of residence on the territory of the Czech Republic,
(h) the beginning of the stay, if applicable) date of the termination of the stay,
I) deprivation or restriction of legal capacity,
j) the name or names, the surname of the father, mother or any other
the legal representative,
k) date, place and County of death; in the case of deaths outside the United
the Republic, the State on whose territory the death occurred, or the date of death,
l) day, who was in the Court decision on the Declaration of death listed
as the day of death, or as a day that did not survive.
(4) the information specified in paragraphs 1 to 3 may be used in a particular case always
only such data which are necessary for the performance of the task. Data,
that are kept as reference data in the base the population register,
to make use of the information system of the population register or an information
of foreigners only if they are in the shape of the preceding the current
status.
section 24
(1) library, which on the date of entry into force of this Act, provide
Library and information services to the public with equal access for all to
These services are considered as library under this Act for a maximum
period of 12 months from the date of entry into force of this Act.
(2) libraries, which do not comply with the obligation laid down in section 4, paragraph 4. 1 (b).
(d)) may be entered in the register pursuant to § 5 libraries. To comply with the
the library referred to the obligation to not later than 31 December 2006. December 2007,
the Ministry of its registration in the register of the libraries.
§ 25
Regulation (EEC)
Act No. 53/1959 Coll., on uniform system of libraries
(the Library Act).
section 26
The effectiveness of the
This Act shall take effect on 1 January 2000. January 1, 2002.
Klaus r.
Havel, v. r.
Zeman in r.
1) Act No. 37/1995 Coll., on the non-periodic publications. Law No 46/2000
Coll., on rights and obligations in publishing periodicals and amending
some other laws (press law), as amended by Act No. 302/2000
SB.
3) section 38 of the Act No. 121/2000 Coll. on copyright, rights
related to copyright and on the amendment of certain laws (copyright
the law).
4) for example, section 27 et seq. the commercial code, as amended
regulations, section 5 of the Act No. 247/1995 Coll. on non-profit
companies and amending and supplementing certain laws, section 5 of the Act.
227/1997 Coll., on foundations and Foundation funds and amending and supplementing
some related laws (Act on foundations and Foundation funds).
5) section 54 of Act No. 219/2000 Coll., on the Czech Republic and its assets
in legal relations.
6) Decree No 12/1965 Coll., on the Convention on the exchange of official publications and
Government documents between States and the Convention concerning the international exchange of publications.
7) Act No. 121/2000 Coll., as amended.
8) Act No. 218/2000 Coll. on budgetary rules and amendments
related acts (budgetary rules), as amended
regulations.
9) Act No. 563/1991 Coll., on accounting, as amended.
10) section 45 of the Act No. 29/1984 Coll. on the system of elementary schools, high schools
schools and colleges (the Education Act), as amended by Act No.
138/1995 Sb.
11) for example, Act No. 97/1974 Coll. on archives, as amended by Act No.
343/1992 Coll., and Act No. 121/2000 Coll., on the protection of the collections of the Museum of the nature
and amending certain other acts.
