Advanced Search

The Law On The National Gallery

Original Language Title: Laki Kansallisgalleriasta

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Law of the National Gallery

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Purpose and status

In order to strengthen the cultural heritage and promote artistic civilisation, the National Gallery is a national museum of art.

The National Gallery is an independent public body governed by the Ministry of Education and Culture.

ARTICLE 2
Tasks

The National Gallery shall be responsible for maintaining and managing the collection of the National Gallery referred to in Article 6, carrying out exhibitions and other art activities, as an expert in the art museum for the development of the museum sector; and Take care of other tasks entrusted to it by the Ministry of Education and Culture. In the performance of its tasks, the National Gallery confirms the social impact of the visual arts.

ARTICLE 3
Museums

The Museum of National Gallery is the Museum of Art of the Ateneum, the Museum of Modern Art Kiasma and the Sinebrychoff Museum of Art. Each museum is run by a museum director.

§ 4
Legal capacity

The National Gallery is an independent legal entity. It can make commitments, acquire rights and own movable and immovable property.

The National Gallery is responsible for its commitments as well as its own resources and the courts. The National Gallery cannot be declared bankrupt.

The National Gallery may carry out a business that supports the implementation of the tasks set out in Article 2. However, the collection referred to in Article 6 of the National Gallery must not be maintained and accrued and the exhibition activity is not principally engaged in pursuit of economic gain.

The conditions for receipt of donations and bequests, as well as for the collection of works of art, archival material and objects received by the National Gallery, as referred to in Article 6 of the National Gallery, Title shall be governed by Article 7.

§ 5
State Artistic Commission

In the context of the National Gallery, the National Gallery is set up by the Ministry of Arts, by the Ministry of Education and Culture, by the National Gallery and by the Ministry of Education and Culture.

The Arts Council is chaired by the President and seven other members. The term of office shall be three years. The Ministry of Education and Culture decides the size of the members' fees.

The establishment, tasks and decision-making of the commission are laid down in more detail by a decree of the Government.

Chapter 2

Collections

ARTICLE 6
National Gallery collection

The National Gallery collection consists of works of art, archival material and artifacts. The collection is state-owned national property, deposited in the National Gallery. In addition, the collection may include the deposited State or third party owned works of art, archived material and articles. The National Gallery shall ensure the proper security of the collection.

The maintenance of the collection and its security are laid down in greater detail by the Government Decree.

§ 7
Reception and disposal of art works

The works of art, archival material and articles obtained by the collection referred to in Article 6 of the National Gallery are to be owned by the State.

The National Gallery may receive works of art, archival material and objects on the basis of donations or wills, if the reception is appropriate for the operation of the National Gallery, and if the donations and wills relate to: The conditions are acceptable and the reception may be considered appropriate. The works of art, archival material and articles received in the form of donations or wills, as referred to in Article 6 of the National Gallery, shall become the property of the State, subject to the terms of the will or the donation.

The National Gallery may agree to deposit a work of art, archival material and articles in the National Gallery collection without any transfer of ownership from the depositor.

The National Gallery may, as part of its exhibition activities, borrow its collection of works of art, archival material and articles in other museums and suitable premises.

The National Gallery may, for a specific reason, borrow and deposit works of art, archival material and articles of its collection to the State authorities, other museums and other facilities which are suitable.

§ 8
Collection of the National Arts Commission

The collection of the State Arts Commission is made up of works of art purchased. The collection may include works received on the basis of donations or wills. The collection is government property.

The task of the National Gallery is to take care of the collection of the State Artists Commission. The National Gallery can be transferred to the National Gallery collection by the National Gallery Commission after consultation of the State Artists Commission. In addition, the National Gallery may, in consultation with the State Works Council, remove or dispose of works in accordance with the law on the transfer of the movable property of the State from the State budget. (423/1988) .

The acquisition, preservation and placement of works of the Committee on the Arts of the State is regulated in more detail by the Government Decree.

Chapter 3

Administration

§ 9
Institutions

The institutions of the National Gallery are a delegation, a government and a Director-General.

The National Gallery delegation, the Board of Directors and the Director-General must carefully promote the interests of the National Gallery.

The management, organisation and other general organisation of the National Gallery are specified in more detail in the management code.

ARTICLE 10
Delegation

The National Gallery delegation shall be appointed by the Ministry of Education and Culture. The delegation shall include the Chairperson and the Vice-Chair, including at least ten and a maximum of fourteen members.

The term of office of the delegation is two years. The term of office shall begin at the end of the annual meeting of the delegation and shall expire at the end of the annual meeting in two years' time.

A member of a delegation shall not be a member of the Board, a Director-General, or a service-or working relationship with the National Gallery.

If the Chair, Vice-Chair or member of the delegation resigs or dies during his/her term of office, the Ministry of Education and Culture shall appoint a new President, a Vice-Chairperson or a member for the remainder of his term of office.

The Ministry of Education and Culture decides the size of the members' fees.

ARTICLE 11
Delegation tasks

In addition to the provisions of Article 30, it is for the delegation to supervise the administration of the National Gallery under the responsibility of the government and the Director-General.

The Board of Directors and the Executive Director shall provide the delegation with the information necessary for the tasks of the delegation.

ARTICLE 12
Delegation meeting

The delegation shall be quorum when there is more than half of the members of the delegation, including the Chairperson or the Vice-Chair.

The decision of the delegation shall be the opinion which has been supported by more than half of the Members present, or by the vote, the opinion expressed by the President.

The delegation shall meet in the chair or, in his absence, at the invitation of the Vice-President or at the written request of at least two Members.

A protocol shall be drawn up for the meetings of the delegation, which shall be signed by the President of the meeting and at least one of the meetings elected to it.

The President of the Government shall have the right of speech and attendance at meetings of the delegation.

The delegation may adopt the Rules of Procedure.

ARTICLE 13
Delegation annual meeting

The annual meeting shall include:

(1) issue an audit report;

(2) to confirm the financial statements and the annual report;

(3) decide on the granting of discharge to the Government and the Director-General.

The date of the annual meeting shall be governed by the Council Regulation.

ARTICLE 14
Government

The National Gallery Board shall include a Chairperson and a Vice-Chairperson, including at least five members and a maximum of seven members.

The Board's term of office shall be three years. The term of office shall begin at the end of the annual meeting of the delegation and shall end at the end of the annual meeting after three years. The same person may remain in government for a maximum period of three terms.

The Ministry of Education and Culture shall appoint and dismiss the Chairperson, Vice-President and Members of the Board of Directors. A member of the Board of Directors may not be a member of a delegation, a Director-General, or a service-or working relationship with the National Gallery. However, the representative of the National Gallery staff has the right to speak and speak at government meetings.

In the event of resignation or death between the Chairperson, the Deputy Chairperson or the Member of the Board of Directors, the Ministry of Education and Culture shall designate him for the remainder of his term of office for the remainder of his term of office, a new President, a Vice-President or a member.

The Ministry of Education and Culture decides the size of the members' fees.

§ 15
Government tasks

The Board of Directors is responsible for the proper organisation of the National Gallery.

The Board of Directors shall:

(1) decide on the main objectives and strategy for action and the economy;

(2) decide on the operational and economic plan and the budget and draw up the financial statements and the annual report;

(3) to respond to investment planning and to decide on an investment plan;

(4) responsible for the management and use of assets, unless the Government has delegated powers to the Director-General;

(5) responsible for the proper organisation of accounting and financial control;

(6) decide on the measures to be taken by the administration of the previous calendar year;

(7) approve important and principled agreements;

(8) adopt management rules and other similar provisions concerning governance and organisation;

(9) supervise the Director-General and the Administration of the National Gallery;

(10) decide directly on the recruitment and dismissal of senior staff under the authority of the Executive Director;

(11) provide for other tasks assigned to it;

(12) decide on matters not provided for or assigned to the duties of the delegation or the Executive Director.

ARTICLE 16
Government meeting

The Board of Directors shall have a quorum when there is more than half of the members of the Board, including the Chairperson or the Vice-President.

The Government's decision will be the opinion which more than half of the present Members have supported, or the opinion expressed by the President.

The Board of Directors shall meet at the invitation of the Chairperson or in his absence, at the invitation of the Vice-President or at the written request of at least two Members.

A protocol to the Board of Directors shall be drawn up which shall be signed by the President of the meeting and at least one of the meetings elected to it. Decisions and votes shall be taken in the minutes.

The government must set up the Rules of Procedure.

§ 17
Director-General

The General Council shall appoint the Executive Director for a maximum period of five years. The Government of the National Gallery must be consulted on the preparation of the decision of the State Council.

Appointing the Director-General shall require that he/she has completed a university degree and that he/she has the capacity and expertise required to perform the duties of the Executive Director as well as in practice the managerial skills.

The General Council may dismiss the Executive Director if, taking into account the nature of the task, the Executive Director shall have an acceptable and legitimate reason. The Government of the National Gallery must be consulted on the preparation of the decision of the State Council.

ARTICLE 18
The Executive Director's tasks

The Executive Director shall be responsible:

(1) lead and develop the activities of the National Gallery;

(2) respond to the fact that the National Gallery carries out its purpose and functions effectively;

(3) responsible for the lawful organisation of accounting and financial management;

(4) to respond to the preparation and presentation of the matters covered by the delegation and the government;

(5) the law on the limitation of the export of cultural goods; (17/1999) The office of the National Gallery for the export authorisation of cultural goods;

(6) carry out the other tasks assigned to him by the delegation and the Government;

(7) to respond to the implementation of the mission and the decisions of the Board of Directors, where the rule of law does not provide otherwise;

(8) deciding on the recruitment and dismissal of staff other than those referred to in Article 15 (2) (10).

Taking into account the functions of the National Gallery, the Executive Director may take measures of general scope only if he has been authorised by the Government or if a government decision cannot be expected without prejudice to the activities of the National Gallery. In the latter case, the government must be informed as soon as possible.

When the Executive Director is prevented from performing his duties, he shall be replaced by an employee of the national gallery appointed by the government.

§ 19
Representative

The government represents the National Gallery. The Board of Directors may authorise its members or other designated persons, but not the members of the delegation, either individually or jointly, to represent the National Gallery. The Government may at any time withdraw its right to represent the National Gallery.

The Director-General shall represent the National Gallery in a case which, pursuant to Article 18, falls within his duties. The Executive Board may order that the Executive Director also has the right to represent the National Gallery in other matters.

The legal action taken by the representative of the National Gallery referred to in paragraphs 1 and 2 shall not be binding on the National Gallery if:

(1) a representative has acted contrary to the limits of eligibility provided for in this Act; or

2) the representative has acted against the restriction provided for in paragraph 1.

§ 20
Staff

The employment relationship of the National Gallery staff is a working relationship. Workers and the conditions of employment shall be governed by the law or by virtue of the law or by virtue of a collective agreement and contract.

The eligibility criteria for staff are laid down by a Council Regulation. The procedure for the selection of staff is laid down in more detail.

ARTICLE 21
Criminal liability in criminal law

The provisions on criminal liability are applicable to the Director-General and to the other employees of the National Gallery in the exercise of their public administration function.

Liability for damages is governed by the law on damages (1999) .

Chapter 4

Economy

§ 22
Equity

The National Gallery has its own capital, consisting of the basic capital, the other equity and the revaluation reserve.

The capital is capital invested in the National Gallery permanently.

The other equity capital is the capital allocated to the National Gallery and the State property transferred to the National Gallery, which has been transferred to the National Gallery, which has been transferred to it under other conditions of equity. The VAT shall show the amount of the corresponding revaluations carried out. Other equity capital may be transferred to the capital.

ARTICLE 23
Accounting

Accounting law applicable to the accounts of the national gallery (136/1997) . The financial year of the National Gallery is the calendar year.

The National Gallery may have direct control over the implementation of the tasks set out in Article 2, in one or more domestic or foreign enterprises as referred to in Sections 5 and 6 of Chapter 1. The companies that control the National Gallery are its subsidiaries. The National Gallery and its subsidiaries form the National Gallery Group.

The National Gallery shall always draw up consolidated financial statements if it has control over one or more domestic or foreign enterprises as referred to in Articles 5 and 6 of Chapter 1 of the Accounting Act.

If the National Gallery carries out business activities other than separately in the form of a unit of accounting, the performance data relating to this business shall be presented separately in the profit and loss account in the notes to the financial statements.

§ 24
Financial statements

The financial statements shall include the balance sheet, the profit and loss account and the financial statement and their notes. The financial statements shall be accompanied by an activity report. The financial statements and the activity report shall provide the correct and adequate information on the activities of the National Gallery, its financial position and the formation of the result.

The report shall also provide information on the activities of the National Gallery to monitor and evaluate the scope, quality, efficiency and effectiveness of the activities of the National Gallery.

At the time of the adoption of the financial statements, the Government shall submit a proposal for the treatment of the result of the financial year and measures relating to economic rebalancing. If the profit for the financial year is loss-making and the balance sheet is not in the balance sheet for the preceding financial years, the government must submit a plan for the measures to be taken to correct the economy.

The annual accounts of the National Gallery and the National Gallery Group, together with the accompanying information and the activity report, are public documents.

The accounts and the annual report shall be forwarded to the auditors, the delegation and the Ministry of Education and Culture. The deadline for delivery is laid down by the Government Decree.

ARTICLE 25
Financial audit

The audit law of the National Gallery and the role and responsibility of auditors shall be governed by the (17/01/2015) . (18/09/1215)

L to 15/2015 Paragraph 1 shall enter into force on 1 January 2016. The previous wording reads:

The audit law of the National Gallery and the role and responsibility of auditors shall be governed by the (209/2007) .

In addition to the statutory audit law, the National Gallery audit report shall contain a specific statement of:

(1) whether the funds of the National Gallery are properly invested;

(2) whether the accounts and the activity report of the National Gallery provide correct and adequate information on the activities of the National Gallery; and

(3) whether the government and the Director-General can be granted discharge for the financial year ended.

The deadline for the submission of the audit and the audit report to the delegation, the Government and the Ministry of Education and Culture is laid down by a decree of the Council of Ministers.

§ 26 (18/09/1215)
Financial auditors

The Ministry of Education and Culture selects the accounts, accounts and management of the National Gallery to audit two auditors and a reserve inspector, of which the other auditor and deputy auditor must be a KHT auditor or The audit firm which has to be the head auditor of the KHT auditor and the JHT auditor or audit firm of the other auditor and deputy auditor, whose chief auditor shall be: JHT auditor. However, if an audit firm is selected as an auditor, the deputy auditor is not required to be selected.

The term of office of the auditor shall expire and the term of office of the new auditor shall begin at the end of the annual meeting of the delegation, unless otherwise decided by the new auditor.

L to 15/2015 Article 26 shall enter into force on 1 January 2016. The previous wording reads:

§ 26
Financial auditors

The Ministry of Education and Culture selects the accounts, accounting and management of the National Gallery to audit two auditors and a deputy auditor, one of whom is to be audited by the statutory auditor and deputy auditor. Within the meaning of the Law of the KHT auditor or of the KHT Community and of the other auditor and of the deputy auditor of the public administration (467/1999) A jHTT auditor or JHTT Community. However, if an audit firm is selected as an auditor, the deputy auditor is not required to be selected.

The term of office of the auditor shall expire and the term of office of the new auditor shall begin at the end of the annual meeting of the delegation, unless otherwise decided by the new auditor.

Chapter 5

Steering and financing

§ 27
Setting objectives

The Ministry of Education and Culture and the National Gallery agree on the essential quantitative and qualitative objectives for the activities of the National Gallery and the monitoring and evaluation of their implementation.

ARTICLE 28
Monitoring and reporting

The National Gallery should submit to the Ministry of Education and Culture the information necessary for the assessment, development, statistical and other monitoring and guidance of the National Gallery in the manner decided by the Ministry.

§ 29
Financing

The Ministry of Education and Culture shall finance the activities of the National Gallery in order to carry out the tasks set out in this Act within the limits of the appropriations entered in the budget of the State. Funding may also be granted under the raffle law (1047/2001) And the proceeds of the betting and betting games. State aid is provided for in the State Aid Act (2002) .

In addition to the funding referred to in paragraph 1, an annual appropriation is entered in the State budget for the collection of the National Gallery collection. The collection of the State Artists Commission may be carried out and managed by the appropriations entered in the budget.

The National Gallery shall be replaced by the proportion of value added tax incurred in connection with non-commercial activities related to non-commercial activities and the proportion of the costs incurred by the National Gallery.

Chapter 6

Outstanding provisions

ARTICLE 30
Obligation to pay damages

A member of a delegation from the National Gallery, a member of the Board of Directors and a Director-General shall replace the damage which he or she has carried out in his or her duties as a result of an intentional or negligent violation of the law, other provisions or the rule of the National Gallery To the National Gallery.

A delegation's decision to grant discharge to a member of the Board of Directors or to the Director-General shall not be binding if the delegation has not been given substantive and adequate information on the decision or measure on which the liability is based.

If the delegation does not grant discharge to a member of the Board of Directors or to the Director-General, it may decide to bring an action for damages against a member of the Government or a Director-General.

A delegation shall be decided by a delegation of cases relating to the first paragraph and Article 3 of Chapter 10 of the Code of Auditing. (18/09/1215)

L to 15/2015 The amended paragraph 4 shall enter into force on 1 January 2016. The previous wording reads:

A delegation shall decide on cases relating to compensation for damages under paragraph 1 and Article 51 of the Court of Auditors.

The settlement of damages and the distribution of liability between two or more liability is laid down in Chapters 2 and 6 of the Act on Damage.

ARTICLE 31
The right of the Ministry of Education and Culture to bring proceedings in favour of the National Gallery

The Ministry of Education and Culture has the right to pursue an action in its own name for damages to the National Gallery pursuant to Article 30 of Chapter 10 of the Law of the Court of Auditors, or Section 3 of Chapter 10 of the Court of Auditors, if it is apparent that the national gallery is not The delegation shall, within the period laid down in paragraph 2, come to an action. (18/09/1215)

L to 15/2015 Paragraph 1 shall enter into force on 1 January 2016. The previous wording reads:

The Ministry of Education and Culture has the right to pursue an action in its own name for damages to the National Gallery under Article 30 or Article 51 of the Law of the Court of Auditors, if it is apparent that the National Gallery is not The delegation shall, within the period laid down in paragraph 2, come to an action.

The action referred to in paragraph 1 shall be instituted within five years of the end of the financial year in which the decision was taken or the measure on which the action was based.

The National Gallery shall be given an opportunity to be heard, unless it is manifestly unnecessary. The Ministry of Education and Culture is responsible for the costs of the proceedings, but it is entitled to receive compensation from the National Gallery in so far as sufficient resources are available for the National Gallery.

ARTICLE 32
Application of general government laws

In the performance of the national gallery, public administrative tasks shall be governed by the law on electronic transactions (2003) , administrative law (2003) , language law (2003) And the Sami language (1886/2003) Provides.

The publicity of all activities of the National Gallery is governed by the law of the authorities (18/09/1999) Provides. Information on the total amount of the salary of the Director-General of the National Gallery and the Director-General of the Executive Director shall be public.

In addition to the provisions of paragraph 1, the provisions of the Administrative Act shall apply to all activities of the National Gallery and to the exercise of the language law in the conduct of the exhibition to the public. The archives of the National Gallery shall be governed by the provisions of the archives (181/1994) Provides.

§ 33
Payments

For the purposes of determining the prices of the services referred to in Article 2 of the National Gallery, the provisions of the State contribution law (150/1992) Provides. Access to paid exhibitions and other events organised by the National Gallery may be subject to a special category of payments, provided that they are free of charge in the form of art education, research, professional activities, promotion of museums or other forms of Justification justified.

§ 34
Reservation

The National Gallery will be prepared by means of contingency plans and preparatory actions in exceptional circumstances, as well as other measures to ensure the most disruptive performance of their duties and the protection of the National Gallery collection as well. In exceptional circumstances and in situations of disturbance and specific situations.

The Ministry of Education and Culture is supervised by the Ministry of Education and Culture. If there are shortcomings in the preparation, the Ministry of Education and Culture may order the correction of deficiencies.

Chapter 7

Entry into force

ARTICLE 35
Entry into force

This Act shall enter into force on 1 January 2014.

This law repeals the Law on the State Museum of Art (566/2000) .

§ 36
Disposal of property, intellectual property rights and business under control of the State Museum of Art

The State Council is handing over assets, intellectual property rights and business to the National Gallery under control of the State Museum of Art. However, when this law comes into force, the collection of the state art museum and the state art collection will remain the property of the State.

The Government of the Republic of Finland shall determine the amount of the transferred property and its value and the conditions under which the transfer takes place. The Government also determines the arrangements for the disposal of assets and the setting up of the National Gallery.

ARTICLE 37
Responsibility for commitments

The National Gallery is responsible for debt, rental, service, supply and supply contracts, as well as other similar commitments entered into by the State Museum in the course of its activities and which relate to the property and business of the Foundation.

The State shall assume a secondary obligation to the National Gallery under paragraph 1, unless the counterparty accepts the transfer of responsibility to the National Gallery. The National Gallery shall be required to reimburse the State in respect of which the State, on the basis of its responsibilities under this paragraph, is carrying out.

ARTICLE 38
Change of employment of staff

The organisation of staff shall be governed by the contract law (2002) And the Civil Service Act (18/04/1994) Provisions on the surrender of the movement. The flows of the State Museum of Art and the resulting flows of malfunctions and temporary posts shall end without any notice of termination on 31 December 2013. Staff will be transferred to the National Gallery from 1 January 2014. As from 1 January 2014, the employment contract staff of the State Art Museum shall be transferred to the National Gallery.

ARTICLE 39
Final accounts and audit of the state art museum

The annual accounts and auditing of the last operating period of the State Museum shall be governed by Article 35 (2) of the Act and by the Law on the State budget. The National Gallery is carrying out the functions of the State Art Museum.

ARTICLE 40
First term of office of the delegation and the government

By way of derogation from the provisions of Article 10 (2), the first term of office of the delegation shall begin on 1 January 2014 and end at the end of the annual meeting of the delegation to be held in 2016. By way of derogation from the provisions of Article 14 (2), the Government's first term of office shall begin on 1 January 2014 and end at the end of the annual meeting of the delegation to be held in 2017.

THEY 72/2013 , THEY 187/2013 , SiVM 8/2013, EV 164/2013

Entry into force and application of amending acts:

18.09.2015/12:

This Act shall enter into force on 1 January 2016.

THEY 254/2014 , TaVM 34/2014, EV 371/2014