Advanced Search

Funeral Law

Original Language Title: Hautaustoimilaki

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Funeral law

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Scope

This law provides for the burial and cremation of the human body, the treatment of ash, and the establishment, maintenance, treatment and closure of a cemetery and a private grave, and the creation of a crematorium.

In addition, the burial ground maintained by the Evangelical Lutheran Church and the Orthodox Church of the Evangelical Church and the Orthodox Church is in force, as is the case with the Church Act. (1054/1993) And the Law on the Orthodox Church (1922/1969) Provides for and provides for or provides for.

In addition, the burial and the cemetery are in place, as in the case of health protection (763/1994) And is provided for.

L from the Orthodox Church 521/69 Has been repealed by L for the Orthodox Church 985/2006 . See the cemetery in KirkkoL 1054/1993 Chapter 17 , the church order 1055/1993 Chapter 17 , L Orthodox Church Chapter 8 of the ec Treaty And church order of the Orthodox Church 174/2007-Chapter 8 . See also Health Protection L 763/1994 Chapter 9 .

ARTICLE 2
General obligations

The body of the deceased is to be buried or cremated without undue delay.

The body and ash of the deceased should be treated in a dignified manner and in a manner that respects the memory of the deceased.

In the burial and cremation of the body of the deceased and in the handling of the ashes, there must be respect for the views and wishes of the deceased.

Chapter 2

Cemeteries maintained by churches or congregations of the Evangelical Lutheran Church

ARTICLE 3
Obligation to maintain general cemeteries

Churches or congregations of the Evangelical Lutheran Church must maintain general cemeteries. The cemetery may be shared by several churches or congregs.

§ 4
Demonstration of the funeral

The church of the Evangelical Lutheran Church or the congregation of the church group of the Evangelical Lutheran Church is obliged, when required, to prove to the deceased of the deceased the deceased (2013) The municipality was at the time of death in the territory of the parish or the conglomerate.

If the deceased did not have a home municipality for the purposes of his death, the obligation referred to in paragraph 1 shall be that of the church or church of the Evangelical Lutheran Church in whose territory the deceased lived.

In addition, the church of the Evangelical Lutheran Church or the congregation of the Evangelical Lutheran Church is obliged, when required, to prove to a Finnish citizen who resides abroad at the time of death, whose last home municipality of residence before There was a change in the territory of a parish or a conglomerate.

§ 5
Unrecognised grave site

At the request of the funeral, it shall be shown in a separate non-confessional incubator area, which shall not be unduly far from the territory of the parish or the conglomerate.

A non-confessional incubator is a separate graveyard or a clearly identifiable part of the cemetery where the cemetery or other cemetery is situated.

ARTICLE 6
Charges to the funeral service

The church of the Evangelical Lutheran Church or the church group may charge fees for the donation, incubation services and the treatment of the tomb. Payments shall not exceed the cost of providing a service.

The criteria for the payments referred to in this Article shall be the same for all persons entitled to be buried in the cemetery of the congregation or conglomerate.

Notwithstanding paragraph 2, the parish or social group may waive, in whole or in part, the fees referred to in paragraph 1, where the deceased has been a veteran, or for a comparable reason. The exemption may also apply to the spouse of the person referred to above. (27.6.2003/627)

Chapter 3

Other graveyards

§ 7
The church of the Orthodox Church, the State, the municipality or the municipal authority as administrator of the cemetery

The church of the Orthodox Church, the State, the municipality or the municipality can maintain the cemetery.

§ 8 (22.12.2009)
Registered religious community or other registered entity or foundation as administrator of the cemetery

The Regional Administrative Agency may authorise a registered community or its registered local community or any other registered entity or foundation to establish a cemetery. The granting of the authorisation is subject to the condition that the applicant is able to maintain the burial ground properly and that the other conditions laid down for the establishment of the cemetery are fulfilled. The cemetery shall not be maintained for the pursuit of financial gain.

The application for authorisation shall be accompanied by an explanation of the way in which the maintenance of the cemetery is organised. I promise to include the necessary conditions for the maintenance and treatment of the cemetery. The extension or reduction of the area of the cemetery should be authorised by the Agency.

The Regional Administrative Agency may, for a limited period or for the time being, refuse to bury a cemetery within the meaning of this Article if the applicant has provided incorrect information which has materially affected the granting of the authorisation or where there is a breach of In an essential way the provisions of this law or the conditions of authorisation.

Chapter 4

Funeral land

§ 9
The property used as a graveyard

The owner of the cemetery shall own the property or administrator used as a graveyard to have a real estate (540/1995) In accordance with the provisions of the regulation, the best priority is the right to rent or other access and the consent of the property owner to the establishment of the cemetery. The rental or other right of access shall be temporary, at least 130 and not more than 200 years, and shall include the entire property area. Otherwise, the rental right referred to above shall apply to: (258/1966) Of the European Parliament and of the Council.

The property used as a burial ground shall not be the object of the mortgage and shall not be subject to any other registered or specific rights other than those referred to in this Act. The same shall apply to rental and other access rights within the meaning of paragraph 1 of the cemetery. The formation of a property in the territory occupied by the cemetery shall be subject to the condition that they are not subject to special mortgages or any other specific rights under this law, or that it is released from them in the context of the formation of the property. , as provided for in the separate provision.

The owner of a cemetery may give up a property in use in a graveyard or an area within it, or a rental or other right of use referred to in paragraph 1, only to the person who, in accordance with Articles 3, 7 or 8, is entitled to maintain a cemetery. The rest is void.

ARTICLE 10
Notifications in the loan and mortgage register

The mortgage and mortgage register shall be entered in the form of a barrier restriction within the meaning of Article 9 (2) and (3) to the relevant property or right.

The administrator of the cemetery referred to in Articles 3 and 7 shall inform the registration authority referred to in Section 2 of Chapter 5 of the arc of the decision concerning the establishment of a cemetery for its property. The same shall apply to the decision on the establishment of a cemetery under rent or other commercial property referred to in Article 9 (1). Since the authorisation in accordance with Article 8 has been granted for the maintenance of the cemetery, the Regional Administrative Office shall make a declaration to the authority referred to in Article 5 (2) of the Arc on the property or the right referred to in Article 9 (1), for which the authorisation decision Applies. The notification shall be submitted after the submission of the case by the subordination authority. (22.12.2009)

Where a real estate is formed in a property formation delivery system, the supply engineer shall make a statement to the authority referred to in Article 2 (2) of the GAP in respect of the legal force of the delivery.

The registration document shall be deleted when a statement to the authority referred to in Article 2 of Chapter 5 of the Ground is submitted to the letter that the cemetery has been closed down in accordance with Article 15.

Chapter 5

Funeral and management and closure of the cemetery

ARTICLE 11
Funeral

The cemetery of the church of the Evangelical Lutheran Church or the congregation of the church group and the Orthodox Church is in force, as provided for by the Law on Church Law and the Orthodox Church, and provides for: Or prescribed by the holder of the cemetery and the holder of the right of burial.

The right of burial in other cemeteries is valid, which is agreed between the caretaker and the holder of the tombstone.

ARTICLE 12
Funeral

The owner of the cemetery shall keep a register showing the deceased:

1) surname and forenames;

(2) date of birth or identification;

(3) time of death;

4) the date of burial;

(5) means of burial; and

6) the location of the tomb.

The register may also include the name and postal address of the holder of the right of burial, the duration of the funeral and the information on who may be buried. In addition, the register may include monuments and sites of art or historical value at the cemetery.

The names of the deceased, whose ashes are placed in the commemorative condition, shall be entered in the register, except for the location of the ashes.

The register referred to in this Article shall be kept permanently. When the entity or foundation referred to in Article 8 ceases its activities, the documents referred to in this Article shall be forwarded to the archives office.

ARTICLE 13
Treatment of graveyard and grave

The caretaker of the cemetery shall treat the cemetery in a manner which respects the dignity of the deceased and respects the deceased.

The management of the individual tomb shall be valid, as provided for in Article 11, or between the keeper of the cemetery and the holder of the funeral right.

ARTICLE 14
Funeral monuments

The funeral holder decides on gravestones and other memorials to be placed on the grave. The monument must also be suitable for the general image of the cemetery and must not offend the memory of the deceased or the dignity of the cemetery. The memorial will be accepted by the monument administrator.

The monument placed in the grave must not be removed without the consent of the caretaker.

After the burial of the funeral, the administrator of the cemetery shall provide the holder of the funeral home with the opportunity to remove the gravestone, unless there is a special reason for the cemetery maintenance to take care of the monument after the funeral has ceased. If the burial monument has not been removed within six months of the date of the funeral holder having an opportunity to remove it, the monument shall pass to the administrator of the cemetery free of charge.

§ 15 (22.12.2009)
Abolition of the cemetery

The cemetery may be abolished and the area of the cemetery may be used for other purposes after a period of at least 100 years after the last burial.

The cemetery, maintained by a registered religious community or any other registered entity or foundation, may be closed when the period referred to in paragraph 1 has elapsed and has been authorised by the Regional Administrative Board.

For a particularly weighty reason, the cemetery may be closed with the permission of the Regional Administrative Board and the site of the cemetery will be available for other uses in the previous paragraph. The holder of the buried closest relatives and the holder of the right of burial shall then be given the opportunity to be heard.

Chapter 6

Private tomb

ARTICLE 16 (22.12.2009)
Establishing a private grave

The Regional Administrative Agency may, for specific reasons, grant the authorisation to establish a private grave for burial in a place suitable for burial purposes. The place of a private grave must be clearly marked.

The land area of the private grave may be taken for other uses not earlier than 25 years after the burial

By the way, the private grave exists, mutatis mutandis, in respect of Article 2, Article 8 (2), Article 13 (1) and Article 15 (2) and (3), as well as the provision of health protection and burial. The Regional Administrative Agency shall ensure that the private burying mark is entered into the real estate information system for the relevant property registry unit. The label will be removed once a private tomb has been abolished.

Chapter 7

Crematorium and cremation of the deceased

§ 17 (22.12.2009)
Crematorium

The Office may authorise the entity or the foundation referred to in Articles 3 and 7 to the Community or the Foundation to maintain a crematorium.

The grant of the authorisation shall be subject to the condition that the applicant is able to maintain the crematorium properly. In addition, the granting of the authorisation shall be conditional on the granting of the environmental protection (177/2014) The environmental permit. The crematorium shall not be maintained for the pursuit of financial gain. (27/06/2015)

The application for authorisation shall be accompanied by an explanation of the way in which the maintenance of the crematorium is organised. The necessary conditions for the maintenance and operation of the crematorium may be included.

The Regional Administrative Agency may, for a limited period, prohibit the operation of a crematorium or, for particularly weighty reasons, withdraw the maintenance authorisation it has granted if the applicant has provided incorrect information which has materially affected the authorisation, or, if operational, The provisions of this law or the conditions of authorisation are repeatedly violated.

ARTICLE 18
Extradition of ash

The administrator of the crematorium may release the ashes only for burial or otherwise permanently in one place. Prior to extraditing the ashes, the donor must inform the crematorium operator in writing where the ashes will be located.

The operator of a crematorium shall not be surrendered to ashes if there are reasonable grounds for suspecting that the ash would be dealt with in contravention of the provisions of this Act.

The administrator of the crematorium shall comply with the disposal of the ashes in accordance with the Administrative Act. (2003) And languages (2003) And by law on e-business in public authorities (2003) Provides.

§ 19
Burying or investing ash in any other way

Within one year of being cremated, ash must be buried or otherwise placed permanently in one place. If, after this, the persons referred to in Article 23 do not take care of the ashes, the ashes will be placed at the expense of the deceased's estate, at the expense of the cemetery where the deceased is entitled to be buried.

The deposit of ash shall be subject to the consent of the owner or holder of the territory.

§ 20
Registration of waste and ash investment

The operator of the crematorium shall keep a register of the deceased's deceased:

1) surname and forenames;

(2) date of birth or identification;

(3) time of death; and

(4) The time of destruction.

In addition, the register shall indicate the information referred to in Article 18 where the ash of the deceased has been declared permanently in place.

The register shall be kept permanently. When the entity or foundation referred to in Article 8 ceases its activities, the documents referred to in this Article shall be forwarded to the archives office.

ARTICLE 21 (22.12.2009)
Closures of Crematorium

The operator of the crematorium shall notify the regional administrative authority of the closure of the operation.

Chapter 8

Outstanding provisions

§ 22
Funding available for the costs of maintaining general cemeteries

The funding available for the maintenance of general cemeteries is provided for separately.

ARTICLE 23
Funeral arrangements

If the deceased did not expressly wish to make arrangements in connection with the burial, cremation and ash treatment of a particular person, the surviving spouse or, at the time of death, the deceased's surviving spouse, Under marital conditions, the person who has been living in a common household and the closest heirs.

Subject to the arrangements referred to in paragraph 1, the persons concerned may also take care of them. Otherwise, the arrangements shall be made by the municipality where the deceased had a home municipality for the purposes of his death, or, if the deceased did not have a municipality, the municipality where the deceased lived.

If the funeral arrangements have been taken care of other than a member of the hive, he shall be entitled to reimbursement of reasonable funeral expenses from the estate.

If the persons referred to in paragraph 1 are unable to agree on the method, place or funeral service of the burial, the case shall be dealt with by the person referred to in paragraph 1 in the district court of which the deceased's municipality of residence When he died, he was.

§ 24 (22.12.2009)
Transfer of buried body or ashes

With the permission of the Regional Administrative Agency, the buried body or ash can be transferred to another grave. The health protection authority's authorisation for the transfer of the buried body is expressly provided for.

ARTICLE 25
Burying the dead in the disaster

In cases of war, natural disasters, major accidents, serious epidemics or other similar circumstances, the burial of the dead may be waived by the provisions of this Act if circumstances so require.

§ 26 (22.12.2009)
Control and administration

The Office shall monitor the fulfilment of obligations under this law. Without prejudice to confidentiality, the Regional Administrative Agency shall have the right to obtain the information required by the authority, the cemetery and the crematorium, as well as the holder of the private grave.

Where the administrator of a cemetery or crematorium or the holder of a private grave, in the performance of his duties under this law, has failed to comply with the obligation laid down by or under this law, may, at the risk of a fine or commission, Order that person to comply with the obligation to comply with the obligations of the (1113/1990) Provides.

§ 27 (7.8.2011)
Appeals appeal

The decision of the church of the Evangelical Lutheran Church, or of the congregations of the congregant of the Evangelical Lutheran Church, concerning payments to be made by a burglar or in a funeral service, shall be subject to an adjustment as provided for in the Administrative Law.

The decision to amend the requirement of amendment may be appealed against by the administrative court, as in the case of administrative law (18/06/1996) Provides. An appeal to the decision of the administrative court shall be lodged only if the Supreme Administrative Court grants an appeal.

The decision by which the operator of the crematorium has refused to dispose of the ash shall be appealed as provided for in paragraphs 1 and 2.

L to 962/2015 Article 27 shall enter into force on 1 January 2016. The previous wording reads:

§ 27
Appeals appeal

The decision of the congregation of the Evangelical Lutheran Church or of the Church of the Evangelical Church concerning the allocation of the burial site or the funeral expenses shall be appealed to the administrative court, as referred to in the Administrative Law Act. (18/06/1996) Provides.

The decision whereby the operator of the crematorium has refused to dispose of the ash shall be appealed as provided for in paragraph 1.

ARTICLE 28
Entry into force and transition

This Act shall enter into force on 1 January 2004.

Applications for authorisation referred to in Articles 8, 16 and 17 pending the entry into force of this Act shall be treated as provided for in this Act.

Three years after the entry into force of the law, the obligation laid down in Article 5 of this Act to designate a gravesite in a non-confessional area shall apply.

Within three years from the date of entry into force of this Act, the territory which enters into force at the time of entry into force of this Act and which is not a separate property shall be constituted as a property.

The property which, upon entry into force of this Act, shall be used in the use of a graveyard, shall be notified immediately after the entry into force of the law by the administrator of the cemetery as referred to in Article 10.

At the time of entry into force of this Act, the regional administrative office may enter into the property information system as referred to in Article 16 (3). If such marking is to be carried out before 1 June 2005, the entry shall be entered in the real estate register for the relevant registration unit. The Regional Administrative Agency shall inform the holder of the property register of the information necessary for the purposes of the label. (22.12.2009)

Before the law enters into force, measures may be taken to implement it.

THEY 204/2002 , HVM 21/2002, EV 271/2002

Entry into force and application of amending acts:

27.6.2003/627:

This Act shall enter into force on 1 January 2004.

THEY 19/2003 , HaVM 4/2003, EV 20/2003

22.12.2009/145:

This Act shall enter into force on 1 January 2010.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 161/2009 , HVM 18/2009, EV 205/2009

27 JUNE 2014/545:

This Act shall enter into force on 1 September 2014.

THEY 214/2013 , YmVM 3/2014, EV 67/2014

7.8.201562:

This Act shall enter into force on 1 January 2016.

In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.

THEY 230/2014 , LaVM 26/2014, EV 319/2014