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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

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

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LEGE No 63 of 30 October 1974 on the protection of the national cultural heritage of the Socialist Republic
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN NO. 137 of 2 November 1974



+ Chapter 1 National cultural heritage + Article 1 Within the meaning of the present law, the goods with special value, historical, artistic or documentary that represent important testimonies on the historical development of the Romanian people and of mankind in general or the evolution of the natural environment, including those of these categories, made up of precious metals or containing precious metals and precious stones, constitute the national cultural heritage of the Socialist Republic of Romania and enjoy the protection of the state, of the entire society. + Article 2 The national cultural heritage includes: a) goods with special artistic value: objects or monuments of architecture and fine art, decorative and applied, ancient, ancient, medieval or modern, which are representative works of great established creative personalities, novels or foreign, or which, being an anonymous creation, through their artistic level, through their characteristic features and their rarity are in the highest representative degree for national and universal culture and art, including for popular creation; b) goods with special historical and documentary value: historical or archaeological monuments, objects and documents with a probative or memorial source character for the history of the development of the society, manuscripts, bibliophile books or other goods of character of unique or great rarity, representative of certain important epochs, institutions, events or historical personalities, national and universal; valuable testimonies of the history of science and technique, means of monetary or monetary exchange, rare or with great artistic value, philatelic rarities; c) goods with scientific value of nature document of special importance: parts of nature missing or very rare-which are kept only in the specialized collections-, monuments of nature, fossils and rare trophies, endemisme and types preserved or naturalized. + Article 3 The national cultural heritage of the Socialist Republic of Romania belongs, through its cultural-social value, to the people, it is part of the wealth of socialist society. + Article 4 The state ensures knowledge, centralized records and the preservation in full security of all assets of national cultural heritage, taking into account the special importance of these goods for national and universal history and culture, the need for scientific and cultural-educational protection, development and valorisation for the benefit of all people. + Article 5 The establishment, protection, research and public-circuit implementation of national cultural heritage constitute a patriotic duty of all members of society-expression of new, socialist consciousness, of working people, of new relations Steadfastness in our society. National cultural heritage develops through new discoveries of historical vestiges or monuments of nature, through new artistic, scientific and technical creations, as their particular value is consecrated by society, as well as by interest in any other than other values of particular importance. The society stimulates and rewards those who contribute to the constitution and development of the national cultural heritage, through prizes, distinctions, bringing the name of the donor to the public's knowledge, as well as other forms. + Article 6 All assets belonging to the national cultural patrimony shall be entered in the state centralized record and shall be subject to the regime of preservation, preservation, scientific valorization and public-circuit implementation established by the provisions of this law. + Article 7 All holders of cultural goods in the categories provided for in art. 1 and 2 of this law-public organizations, religious cults or individuals-have the obligation to declare them within 60 days of the entry into force of the law or, as the case may be, 15 days from the interest, in order to register them centralized by the state. The appreciation of the importance of cultural assets in order to frame them in the national cultural heritage and the registration in the centralized state record is made by the competent bodies, according to the provisions of this law. State socialist organizations will submit, within the deadlines provided in par. 1 1, drawn from their inventories, relating to these goods. + Article 8 The Ministry of Interior, with the support of the other central state and public bodies, will take measures to identify, inventory and recover assets that, as an effect of legal provisions or judicial proceedings, have been listed as the state, being subsequently alienated. + Article 9 In order to ensure the unitary record, protection, preservation, research and scientific and cultural-educational valorization of the national cultural heritage are established the Central State Commission of National Cultural Heritage, Directorate national cultural heritage, as well as offices for the county national cultural heritage and the city of Bucharest. The duties and manner of organization and functioning of the Central State Commission of National Cultural Heritage, of the National Cultural Heritage Department and of the offices for national cultural heritage shall be established by decree of the Council of Stat. The Central State Commission of National Cultural Heritage operates alongside the Council of Culture and Socialist Education. The commission is appointed by presidential decree and consists of representatives of the Council of Culture and Socialist Education, the Ministry of Interior, the Ministry of Finance, other central state and public bodies, representatives of cults, such as and from specialists in the field of history, history of the arts, natural history, ethnography and other fields of activity. The direction of the national cultural heritage is established by the reorganization of the Department of Historical and Art Monuments, within the framework indicators approved for the Council of Culture and Socialist Education. The county offices and the city of Bucharest are established within the museums established by the Council of Culture and Socialist Education and within the limits of approved plan indicators. + Article 10 The state centralized record of the national cultural heritage contains the elements of identification, description and evaluation of each good. The nominal value of the assets of the national cultural heritage shall be determined on the basis of the criteria approved by the Council of Ministers. The list of goods of the national cultural heritage, as well as its annual additions, is approved by decision of the Council of Ministers, at the proposal of the Central State Commission of National Cultural Heritage. + Chapter 2 Records, preservation, preservation and valorisation of assets of national cultural heritage + Article 11 The state takes all necessary measures in order to protect and preserve, avoid alienation and damage, as well as preserve, defend and properly use the national cultural heritage in the interest of all the people. + Article 12 The centralized state record is drawn up unitary, based on the statements and statements of inventory submitted by the holders of the national cultural heritage assets, as well as the identification of new goods carried out by the specialized personnel of competent bodies. The documents are completed at the offices for national cultural heritage and are centralized at the National Cultural Heritage Directorate, which preserves and processes this evidence. The list of goods of the national cultural heritage is finalized by the Central State Commission of National Cultural Heritage and is subject to the approval of the Council of Ministers. + Article 13 The preservation, preservation, scientific valorization and public implementation of the goods that make up the national cultural heritage are organized unitary, throughout the country, as follows: a) the goods of the national cultural heritage of special importance are preserved, preserved, scientifically capitalized and put into public circuit in state units-museums, collections and libraries; b) the other goods, which remain in the preservation and use of the holders-religious cults, public organizations and individuals who ensure the storage and preservation conditions established by this law-are subject to control and verification periodical of the competent state bodies; c) the goods belonging to the national archival fund shall be preserved, preserved, scientifically capitalized and put into public circuit according to the legal provisions on the national archival fund; d) if the goods of the national cultural heritage are an integral part of the collections constituted or of immovable ensembles, which themselves have artistic, historical or documentary value, shall be preserved and capitalized on a museum basis and cultural in these collections or ensembles, providing them with special storage and preservation conditions. The Council of Culture and Socialist Education and the Ministry of Interior, through their specialized bodies, ensure the permanent guidance and control of the fulfilment of the above provisions. + Article 14 State units, public organizations, religious cults and individuals who own or preserve goods of the national cultural heritage are obliged: a) ensure the evidence, protection and security of these goods; b) to provide sanitation spaces, the appropriate microclimate, the prevention of biodeterioration factors, the control of pollution elements, the removal of materials incompatible with the requirements of the preservation of goods, to avoid straining objects during their exposure, storage and transport; c) ensure strict security and full security of these goods. The coordination of the entire security and security activity is carried out by the National Cultural Heritage Directorate together with the organs of the Ministry d) to ensure the restoration of these goods, with the approval of the National Cultural Heritage e) to take measures to prevent the destruction of goods, ensuring their permanent supervision with personnel and installations; f) to expose only objects in a state of proper preservation or restored and in conditions of complete security, under the direct supervision of the specialized personnel, with the opinion of the National Cultural Heritage Directorate. + Article 15 State Notariates, bailiffs, antiquarian and consignment units that are aware of the existence of goods of national cultural heritage are obliged to notify the appropriate offices for the national cultural heritage, within 15 days. + Article 16 With a view to better preservation, conservation and scientific and cultural-educational valorization, certain goods of national cultural heritage that are of exceptional interest, may be passed into state property, by presidential decree, to Proposal of the Central State Commission of National Cultural Heritage and with the payment of the corresponding compensation. The state may interest goods of the national cultural heritage through donations or by purchasing them at the prices set by the Central State Commission of National Cultural Heritage. Holders of goods of national cultural heritage, individuals, religious cults or public organizations, who do not meet the obligations provided in art. 14, are obliged to entrust them in custody to the state through the museums, collections and libraries mentioned in art. 13 lit. a), who are obliged to receive them, to preserve them, restore and keep. + Article 17 The assets of the national cultural heritage belonging to the state cannot be alienated in any form. The transfer of goods from national cultural heritage between state units or between the units of public organizations or cults is subject to the prior agreement of the Central State Commission of National Cultural Heritage. + Article 18 The sale, exchange or donation of goods from the national cultural heritage held by individuals can be carried out only after 60 days from the written information of the appropriate office for the national cultural heritage. In all cases of sale of these goods the state can exercise, within the above term, the priority right of purchase, at the price fixed by the Central State Commission of National Cultural Heritage. The criteria for determining the purchase price of goods of the national cultural heritage shall be governed by the decision of the Council of Ministers. + Article 19 The use of goods of national cultural heritage for other purposes and under conditions other than those provided for in this Law shall be prohibited. Goods of national cultural heritage intended for public activities, as well as those intended for cult activity, will continue to be used for these purposes, the holding organizations being obliged to ensure compliance with the provisions the present law on the record, preservation, preservation and valorisation of these goods The organization of artistic events or filming within the historical and art monuments, as well as the filming of the other goods of the national cultural heritage, is approved by the National Cultural Heritage Directorate, taking its opinion the keepers of these monuments. + Article 20 The works of research, preservation and restoration of goods of the national cultural heritage-including archaeological excavations-are approved or approved, as the case may be, by the Central State Commission of National Cultural Heritage. The research of goods of national cultural heritage is approved only if there are conditions of conservation and valorization of discoveries and with the obligation to communicate the results obtained to the Central State Commission of Cultural Heritage National. The archaeological goods discovered during the research are immediately registered in special inventories and are handed over to the state units established on the occasion of the authorization of the research. Individuals who encounter archaeological finds are obliged to declare them or, in the case of movable property, to submit them within 24 hours of discovery to the executive committee of the popular council of the locality within which the made the discovery, which will hand them over to the national cultural heritage office. In case of discovery of precious metal goods or having precious metals and precious stones, individuals are obliged to declare and hand them over, in compliance with the legal provisions on the means of payment foreign, precious metals and precious stones. + Article 21 The restoration of national cultural heritage assets is carried out under the direction of the National Cultural Heritage Department in organized laboratories, framed and equipped according to these requirements in Bucharest-within the History Museum of the The Socialist Republic of Romania, the Museum of Art of the Socialist Republic of Romania, the Village Museum and the Central State Library; Iasi-within the museum complex; Cluj-within the History Museum of Transylvania; Sibiu-within the Museum Brukenthal; Craiova-within the Oltenia Museum; Timisoara-within the Banat Museum; Constanta-within the Archaeological Museum and Suceava-within the History Museum. The restoration and preservation of movable property of national cultural heritage belonging to public organizations, religious cults and individuals shall be paid against payment. + Article 22 The alienation of goods from the national cultural heritage to foreign natural or legal persons is prohibited. The goods of the national cultural heritage can be sent over the border for presentation in Romanian exhibitions or in international exhibitions, as well as for the performance of restoration works or specialty, with the approval of the President of the Socialist Republic of Romania, at the proposal of the Council of + Article 23 Taking over the border of other cultural goods than those belonging to the national cultural heritage can be done only with the opinion of the Central State Commission of National Cultural Heritage. Categories of these goods-works of painting, sculpture, graphics, ceramic, porcelain, glassware, toreutica, textiles, art furniture, books and other prints, except those set in the public circuit through the broadcast network. the book, or the like-, as well as the criteria for the endorsement of their removal over the border, are established by presidential decree. + Chapter 3 Sanctions + Article 24 The assets of the national cultural heritage belonging to individuals, whose interest is proved unlawful, shall be passed, without payment, in the property of the state. + Article 25 Apart from the sanctions provided by the criminal law, the goods of the national cultural heritage belonging to public organizations, religious cults or individuals shall be confiscated in the following cases; a) degradation or endangerment of the value it represents; b) preventing the competent state bodies from ensuring the preservation, restoration and security of these goods; c) evading the regime of goods of the national cultural heritage; d) traffic and speculate with goods of the national cultural heritage; e) the sale of goods of the national cultural heritage, obtained illicitly, the transport and reception in the warehouse of such objects by persons who know the illicit nature of the operation. + Article 26 The destruction of national cultural heritage assets is punishable under criminal law. + Article 27 The attempt to remove or remove over the border the goods of the national cultural heritage, in violation of the provisions of this law, is punishable by imprisonment from 2 to 7 years. With the same punishment is sanctioned the attempt to alienate or alienate the assets of the national cultural heritage to foreign natural or legal persons. In both cases provided in par. 1 and 2, the goods are confiscated. + Article 28 The following facts are contraventions, if they are not enjoyed under such conditions, according to the criminal law, they are considered crimes: a) non-declaration of goods of national cultural heritage within the time limits provided by law b) failure to submit in custody the goods of the national cultural heritage by the holders, in the cases provided by art. 16 16 para. 3 3; c) violation of art. 20 of the present law, with regard to the discoveries of goods belonging to the national cultural heritage. The contraventions are sanctioned with a fine of 1,000 to 5,000 lei. + Article 29 The contraventions established by this law are found by the specialized staff of the National Cultural Heritage Department, empowered by the Council of Culture and Socialist Education, as well as by the bodies designated by the Ministry of Interior. The ascertaining agent applies the sanction and orders the seizure, when the law provides it. Against the minutes of finding the contravention you can make the complaint within 15 days of its communication. The complaint against the minutes of finding the contravention is settled by the court in whose radius the contravention was committed. + Article 30 Insofar as this law does not have, the contraventions provided in art. 29 the provisions of Law no. 32/1968 establishing and sanctioning contraventions. + Chapter 4 Final provisions + Article 31 The Council of Culture and Socialist Education will ensure the working conditions of the Central State Commission of National Cultural Heritage and will take measures to frame with specialists and properly equip the Cultural Heritage Directorate national, of the offices for national cultural heritage, of the area laboratories. The Council of Culture and Socialist Education and all specialized institutions in its system will collaborate with the bodies of the Ministry of Interior in fulfilling the provisions of this law. + Article 32 The Ministry of Interior will organize its work to ensure the performance of its duties under this law and step up measures to prevent and combat theft, illegal trafficking, speculation and other forms of violation. provisions of this law + Article 33 Decree no. 724/1969 , become Law no. 64/1969 , on the protection and preservation of goods of national interest that represent artistic, historical or documentary values, as well as objects containing precious metals and precious stones of special value, as well as any other provisions contrary to this law, is repealed. ------------