Law No. 63 Of 30 October 1974 On The Protection Of The National Cultural Heritage Of The Socialist Republic Of Romania

Original Language Title:  LEGE nr. 63 din 30 octombrie 1974 privind ocrotirea patrimoniului cultural naţional al Republicii Socialiste România

Read the untranslated law here: https://www.global-regulation.com/law/romania/3069854/-lege-nr.-63-din-30-octombrie-1974-privind-ocrotirea-patrimoniului-cultural-naional-al-republicii-socialiste-romnia.html

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LAW No. 63 of 30 October 1974 on the protection of the national cultural heritage of the Socialist Republic of Romania ISSUING NATIONAL ASSEMBLY and published in OFFICIAL GAZETTE No. 137 of 2 November 1974 Chapter 1 national cultural heritage within the meaning of article 1 of this Act, goods with special value, historical, artistic or documentary that represent important historical testimony concerning the development of the Romanian people and of mankind in general or the evolution of the natural environment, including those in these categories, consisting of precious metals or precious metal containing precious stones, constitute the cultural heritage of the Socialist Republic of Romania and enjoy State protection full company.


Article 2 of the national cultural Heritage comprises: a) special artistic goods: objects or monuments of architecture and fine art, decorative and applied, ancient, ancient, medieval or modern, are representative works of great creative personalities devoted to the Romanian or foreign, or who, as anonymous creation through their artistic level, by the characteristic features and by their rarity in the highest degree representative of the national culture and arts and universal including folk creation;
  

b) historical value and goods with special historical monuments: documentary or archeological objects and documents having the character of spring evidence or memorial to the history of the development of society, manuscripts, bibliophile books or other goods with unique or great rarity, representative of specific eras, institutions, events or important historical figures, national and universal; valuable testimony of the history of science and technology, means monetary or pre-monetary exchange, rare or with high artistic value, philatelic rarities;
  

c scientific value) property of the document of the nature of particular importance: from spare parts missing or very rare nature-which is no more than preserves the collections specialist, natural monuments, fossils and rare trophies, lapiez types preserved or naturalized.
  


Article 3 national cultural heritage of the Socialist Republic of Romania, through its value belongs to the cultural, social, people, is part of the wealth of the socialist society.


Article 4 the State shall provide centralized registration and knowledge keeping full security of all assets in the national cultural heritage, taking into account the importance of this property for the history and culture of national and universal need care, development and enhancement of scientific and cultural-educational development in benefit of all the people.


Article 5 establishment, protection, research and cultural heritage circuit public constitutes a national patriotic duty of all members of society-an expression of consciousness, the new Socialist working people, the relationships we built in our society.
National cultural heritage develop through new discoveries of historical monuments of nature, or vestiges, artistic creations through new scientific and technical knowledge, as their special value enshrined in society, as well as through the dobindirea with any title other values of particular importance.
The company stimulates and rewards those who contribute to the creation and development of national cultural heritage, through Awards, distinctions, bringing the donor's name to the public, as well as other forms.


Article 6 any property belonging to the national cultural heritage shall be entered in the record of the centralized State and are subject to the system of storage, conservation, enhancement and enforcement public circuit established by the provisions of this law.


Article 7 the keepers of cultural objects in categories. 1 and 2 of this law-public organizations, religious groups or individuals were required to declare them within 60 days of the entry into force of this law or, where appropriate, 15 days to at least 20,000, in view of their obvious appreciation of the centralized State in order to importance of cultural assets and their classification in the national cultural heritage and its inclusion in the book-keeping system of the State shall be made by the competent organs under the provisions of this law.
Socialist state organizations shall, within the time limits specified in paragraph 2. 1, extracted from their inventories, relating to those goods.


Article 8 the Ministry of Interior, with the support of other central organs of State and public will take measures for the identification, recovery and inventory of the goods, the effect of laws or judicial proceedings, were passed in the State's heritage, being later disposed of.


Article 9 in order to ensure uniform accounting, research, conservation, protection and enhancement of scientific and cultural-educational national cultural heritage shall be established by the State Central Committee of National Cultural Heritage, national cultural heritage, as well as offices for County and national cultural heritage of the municipality of Bucharest.
The functions and mode of organisation and functioning of the Central Commission of the National Cultural Heritage, National Directorate of cultural heritage and cultural heritage of the national offices shall be established by Decree of the State Council. Central Committee of National Cultural Heritage works to the Council of the Socialist culture and Education. The Commission is called the presidential decree and shall consist of representatives of the Socialist culture and Education Council, the Ministry of Interior, Ministry of finance, other central organs of State and public, representatives of religious denominations, as well as from experts in the field of history, history of art, natural history, ethnography and other fields.
National cultural heritage Directorate is established through reorganization of Directorate of historic monuments and the art, within the framework of the approved plan for the Socialist culture and Education Council.
County offices and the Bucharest City Museum be set up within the Council of the Socialist culture and Education, and within the limits of the approved plan.


Article 10 the State record of centralized national cultural heritage contains elements of identification, description and assessment of each good.
The nominal value of the assets in the national cultural heritage shall be determined on the basis of criteria that have been approved by decision of the Council of Ministers.
The list of national cultural heritage, as well as its annual additions, approved by decision of the Council of Ministers, on a proposal by the Central Commission of the National Cultural Heritage.


Chapter 2-keeping, preservation, conservation and valorization of cultural heritage assets in the national Article 11 the State shall take all measures necessary to ensure conservation and protection, to avoid the transfer and deterioration, as well as keeping proper, defence and the use of national cultural heritage for the benefit of the whole people.


Article 12-keeping centralized unitary State is drawn up on the basis of the statements and the statements filed by holders of inventory assets in the national cultural heritage and the movement of new goods carried out by specialized staff of the competent authorities.
Documents to be completed at post offices for national cultural heritage and shall be centralised at the direction of the national cultural heritage, preserving and processing it. The list of national cultural heritage shall be definitive for the State Central Committee of National Cultural Heritage and shall be subject to approval by the Council of Ministers.


Article 13 Preservation, conservation, valorization of research and putting in circuit public goods that make up the national cultural heritage unit, are held across the country, as follows: (a) cultural heritage goods) national importance to store, preserve, it shall capitalise on scientific and public circuit in units of State museums, collections and libraries;
  

(b)) other goods that remain in the keeping and use of holders-religious, civic organizations and individuals who ensure conditions of storage and conservation provided for by this law are subject to control and periodic verification of the competent State bodies;
  

c) assets which are part of the national archives to store, preserve, it shall capitalise on scientific and public circuit according to the legal provisions concerning the National Archive Fund;
  

d assets) if national cultural heritage an integral part of collections made up or in ensembles, which have themselves artistic, historical or documentary, and they capitalize in terms of Museum and cultural heritage in these collections or sets, building them to special conditions of storage and conservation.
  

Socialist culture and Education Council and the Ministry of Interior, through their specialized organs, provide guidance and continuous monitoring of the fulfilment of the above provisions.


Article 14 the State Establishments, public organizations, religious denominations and individuals who hold or preserve national cultural heritage goods are obliged to ensure that: (a)), the protection and security of such property;
  


b) to ensure the cleanest spaces, an appropriate microclimate factors in the prevention of biodeteriorare, fighting the elements of pollution, removal of materials inconsistent with the conservation requirements of the goods, to avoid straining your valuables during transportation, storage and recovery;
  

c) to ensure strict and full safety guarding of these goods. Coordination of all activities of the security and safety are carried out by the Directorate of the national cultural heritage, together with the Ministry of the Interior;
  

d) to ensure the restoration of these goods, with the approval of the Directorate of the national cultural heritage;
  

(e) to take measures for) preventing the destruction of the goods, thanks to their permanent supervision personnel and installations;
  

f) judgements only objects in the appropriate conservation status or restored and in conditions of full security, under the direct supervision of staff, with the opinion of the national cultural heritage Directorate.
  


Article 15 the State notary's offices, bailiffs, antique and consignment units that take the knowledge of the existence of the national cultural heritage goods are obliged to notify the proper offices for national cultural heritage, within 15 days.


Article 16 with a view to more good pastrari, conservari and valorificari scientific and cultural-educational, certain goods from national cultural heritage interest exception, can be recorded in the property of the State, the Presidential Decree on a proposal by the Central Commission of the National Cultural Heritage and pay appropriate compensation.
The State can acquire goods from national cultural heritage through donations or by purchasing them at prices set by the Central Committee of the National Cultural Heritage.
Keepers of the national cultural heritage goods, individuals, religious or civic organizations, which do not comply with the obligations laid down in article 21. 14, owe it to the custody of the State entrusted by the museums, libraries and collections referred to in art. 13 lit. a), which are obliged to receive them, let them, restore and preserve.


Article 17 of the national cultural heritage Goods belonging to the State may not be transferred under any circumstances.
Transfer of assets in the national cultural heritage between units or between units of public organisations is subject to religious times consent of the Central Commission of the National Cultural Heritage.


Article 18 the sale, Exchange, or donation of property from the national cultural patrimony owned by individuals can only be made after 60 days of being informed in writing of the appropriate Office of the national cultural heritage.
In all cases of the sale of such property the State may exercise within the time above, the priority right to purchase at the price fixed by the Central Committee of the National Cultural Heritage.
Criteria for determining the purchase price of assets in the national cultural heritage shall be regulated by resolution of the Council of Ministers.


Article 19 shall be prohibited to use assets in the national cultural heritage for other purposes, and under conditions other than those laid down in this law.
National cultural heritage goods intended for public activities, as well as for religious activity, may continue to be used for these purposes, organizations holding being obliged to ensure compliance with the provisions of this law relating to record-keeping, preservation, conservation and valorization of those goods.
Organization of artistic events or shooting under the historical monuments and the art, and shooting the other goods in the national cultural heritage, is approved by the Directorate of the national cultural heritage, taking into account 6 and opinion holders of these monuments.


Article 20 research, preservation and restoration of cultural heritage assets-including national archaeological excavations-endorsed or approve, as appropriate, of the Central Committee of the National Cultural Heritage.
Research on assets in the national cultural heritage shall only agree if there are conditions for the conservation and valorisation of discoveries and results obtained with the obligation of communication to the Central Committee of the National Cultural Heritage.
Goods during Archaeological Researches shall be entered immediately in the Special inventories and taught towards preserving State units established in connection with the authorisation of the research.
Individuals who do a whim archaeological finds are obliged to declare them or, in the case of mobile goods, to submit within 24 hours after the discovery at the Executive Committee of the Council of people's range, which made the discovery, which will deliver them to the Office of the national cultural heritage.
In case of discovery of goods of precious metals or who in the precious metals and gems, individuals are required to declare them and teach them, in compliance with the legal provisions concerning foreign means of payment, precious metals and precious stones.


Article 21 the restoration of goods in national cultural heritage shall be carried out under the supervision of the Directorate of the national cultural heritage organized laboratories assigned and equipped according to requirements in Bucharest within the Museum of the history of the Socialist Republic of Romania, the Museum of art of Romania Socialist Republic, Village Museum and Central Library of the State; -Within the museum complex; Cluj-under History Museum of Transylvania; -In the framework of the Brukenthal Museum; -In the Museum of Oltenia; Timişoara in the Banat-Museum; Constanta-within the Archaeological Museum and-within the Museum of history.
The work of restoration and preservation of movable cultural heritage belonging to the national public organisations, religious denominations and individuals shall be made against payment.


Article 22 disposal of assets in the national cultural heritage by the natural or legal person is thoroughly prohibited.
National cultural heritage goods can be sent across the border for presentation within the framework of the exhibition the Romanian or international exhibitions as well as for restoration work or specialized expertise, with the approval of the President of the Socialist Republic of Romania, at the initiative of the Socialist culture and Education Council.


Article 23 Removal across the border to the other cultural objects forming part of the national cultural heritage can only be made with the opinion of the Central Commission of the National Cultural Heritage.
Those goods categories of painting, sculpture, printmaking, ceramics, porcelain, glassware, toreutica, textiles, furniture with character art, books and other printed materials, except those made in public by the broadcast network of the book, or the like, as well as the criteria for the approval of their removal across the border, shall be determined by presidential decree.


Chapter 3 Penalties Article 24 of the national cultural heritage Goods belonging to individuals, which provides the data proves unlawful, pass, without payment, the property of the State.


Article 25 apart law criminal sanctions, national cultural heritage goods belonging to public organisations, religious or natural persons are subject to the following cases;

the endangerment or degradation) of the value he represents;
  

b) precluding the competent State bodies to conserve, restore and security of such property;
  

c) evading the goods from the national cultural heritage;
  

d) traffic and speculate with goods from the national cultural heritage;
  

e) sale of national cultural heritage goods obtained in procuring, transporting and receiving the deposit of such objects by people who know the illicit nature of the operation.
  


Article 26 the destruction of goods in national cultural heritage shall be sanctioned under criminal law.


Article 27 Trying to remove or removing goods from across the border of the national cultural heritage, in violation of the provisions of this law, shall be punished with imprisonment from 2 to 7 years.
The same penalty shall be imposed on the sale or disposal of seeking assets in the national cultural heritage by natural or legal persons.
In both cases set out in paragraph 1. 1 and 2, the goods shall be forfeit.


In article 28 the following acts Constitute offences, if they are not committed in such circumstances that, according to the criminal law, are regarded as offences: a) non-national cultural heritage goods within the time limits provided for by law;
  

(b) failure to apply in custody) of assets in the national cultural heritage by the keepers, in the cases provided for by art. 391. (3);
  

c) violation of article 10. 20 of this law, with respect to findings of goods belonging to the national cultural heritage.
  

Offences shall be sanctioned by a fine from 1,000 to 5,000 lei.


Article 29 Offences established under this law shall establish the specialized staff of the Directorate of the national cultural heritage, empowered by the Socialist culture and Education Council, and bodies designated by the Ministry of the Interior.
Claim agent apply the sanction and confiscation, when the law stipulates.
Against the minute of finding of violation may make the complaint within 15 days of its notification.

The complaint against the minutes in respect of the contravention of the court deciding whose RADIUS has been illustrious irregularity.


Article 30 to the extent that the present law has not, offences listed in article 1. 29 they are applicable to the provisions of law No. 32/68 on the establishment and sanctioning violations.


Chapter 4 final provisions Article 31 Socialist culture and Education Council will provide conditions for the operation of the Central Commission of the National Cultural Heritage and take action for employment with appropriate specialists and endowment of the national cultural heritage Directorate, Office of the national cultural heritage, regional laboratories.
Socialist culture and Education Council and all the institutions in its system will cooperate with the Ministry of the Interior in carrying out the provisions of this law.


Article 32 the Ministry of Interior will organize the activity in order to ensure the fulfilment of the tasks laid down in this law and will intensify the measures for preventing and combating illicit trafficking, theft, speculation and other forms of violation of the provisions of this law.


Article 33 the Decree nr. 724/1969, became law. 64/69, concerning the protection and preservation of the assets of national interest that represent historical or artistic values, documentation, as well as some items containing precious metals and jewels of great value, as well as any other provisions contrary to this law are hereby repealed.
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