LEGE no. 379 379 of 30 September 2003 (* updated *) on the regime of graves and commemorative works of war ((updated on 26 November 2015 *)
ISSUER
PARLIAMENT
---------- The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 Tombs and commemorative works of Romanian war, as well as foreign ones located on the territory of Romania are considered social-cultural settlements, being subject to the legal regime established by this law. + Article 2 (1) For the purposes of this law, war graves are the places of interment of persons who have died during and due to armed conflicts as a result of the performance of a service commissioned or voluntary in the interest of the state whose citizens have been, as well as other places where their remains are preserved. ... (2) The war graves may be individual or common, isolated or grouped into the cemeteries of honor, honor, ossuary or mausoleum plots. ... (3) Military cemeteries or military plots in civil cemeteries, administered by garrison commensurances, are not considered, according to the law, cemeteries or honor plots. ... + Article 3 They are assimilated to war graves: a) The Tomb of the Unknown Soldier ... b) the graves of Romanian citizens prisoners, hospitalized civilians of war or deported; ... c) the graves of the members of the Red Cross and the war correspondents, who died during and because of the armed conflicts, fulfilling a mission; ... d) the graves of military or civil persons, Romanian citizens, who died in peacetime fulfilling a service commissioned in the fields of national defense, public order and national security; ... e) graves of deceased persons in other situations provided by law. ... + Article 4 (1) The foreign war graves located on the territory of Romania have the same regime as the Romanian war graves. ... (2) They are assimilated to the graves provided in par. (1) and those of prisoners and civilians of war civilians, foreign nationals. ... + Article 5 They are considered commemorative works of war edifice, art monuments, plaques and commemorative altars, tropes, crosses, cenotafs or any other constructions or works made in memory of those provided in art. 2-4. + Article 6 The tombs and commemorative works of war that are inscribed in the List of historical monuments are subject to the legal regime established by Law no. 422/2001 on the protection of historical monuments, as amended, as well as the provisions of this Law. + Article 7 (1) The activities and measures to protect graves and commemorative works of war shall be carried out in the public interest and may constitute the cause of public utility, under the law. ... (2) For the purposes of this law, the protection of graves and commemorative works of war shall be understood as a set of measures of a scientific, legal, administrative, financial, fiscal and technical nature aimed at ensuring research, identification, inventory, ranking, record, conservation, marking, including security and maintenance, restoration, displacement and enhancement thereof. ... (3) On the buildings on which tombs or commemorative works of war are placed, public utility services, established according to the law, can be applied. ... + Article 8 (1) The graves and commemorative works of war belong either to the public or private domain of the state or to the administrative-territorial units, or are private property of natural or legal persons. ... (2) The graves and commemorative works of public property war of the state or administrative-territorial units are inalienable, unpredictable and indistinguishable and are monuments of public forum. They can be given in the administration of public institutions, can be conceded or rented, under the law, with the opinion of the National Office for the Cult of Heroes. ... ---------- Alin. ((2) of art. 8 8 has been amended by section 1 1 of art. unique from LAW no. 286 286 of 19 November 2015 published in MONITORUL OFFICIAL no. 875 875 of 23 November 2015. (3) The material goods or the constituent elements of the constructions or works, made from own funds, in the private domain of the state and in the administration of the National Office for the Cult of Heroes, intended to be included in the works commemorative war, can be transmitted free of charge to the owners or administrators of the commemorative Romanian war objectives in the country and abroad. The transfer of goods on the territory of Romania will be carried out by minutes of delivery-receipt, approved by the main authorising officer. ... ---------- Alin. ((3) of art. 8 8 has been introduced by section 2 2 of art. unique from LAW no. 286 286 of 19 November 2015 published in MONITORUL OFFICIAL no. 875 875 of 23 November 2015. (4) The public administration authorities have the obligation to ensure the protection and enhancement of the graves and war commemorative works under their administration. ... ---------- Alin. ((4) of art. 8 8 has been introduced by section 2 2 of art. unique from LAW no. 286 286 of 19 November 2015 published in MONITORUL OFFICIAL no. 875 875 of 23 November 2015. + Article 9 (1) The graves and commemorative works of war belonging to the private domain may be subject to the civil circuit without changing their destination, under the conditions established by this law. ... ((2) The furnishings on which the tombs and the commemorative works of war are located, owned by natural or legal persons of private law, may be sold only under the conditions of exercising the right of preemption of the state or of the units administrative-territorial, as appropriate, through the National Office for the Cult of Heroes, under the sanction of absolute nullity of the sale. They are the exception of the buildings with housing destination on which commemorative plaques are located. ... ((3) The owners, natural or legal persons, who intend to sell the buildings on which tombs are located or commemorative works of war shall notify in writing the local council of the administrative-territorial unit in whose radius they are located the building in question. ... (4) The local councils of the administrative-territorial units will transmit to the National Office for the Cult of Heroes the notification provided in par. (3), within 7 days of its receipt. ... (5) The term of exercise of the right of preemption of the state shall be 30 days from the date of registration of the notice provided in par. (3) at the National Office for the Cult of Heroes. ... (6) If the National Office for the Cult of Heroes does not exercise its right of preemption within the period provided in par. (5), this right shall be transferred to the local public administration authorities, which may exercise it within a period of 15 days, calculated from the expiry of the term provided in par. ((5). ... + Article 10 If the building on which graves and commemorative works of war are located has no known owner, the obligations arising from this law shall be to the local or central public administration authorities, as the case may be, from the unit the administrative-territorial area on whose territory the building is located. + Article 11 For the establishment or protection of graves and commemorative war works, at the proposal of the National Office for the Cult of Heroes, buildings can be expropriated, under the law. + Chapter II Establishment and protection of graves and commemorative works of war + Article 12 The establishment of cemeteries and honor plots with Romanian tombs is made, under the law, with the approval of the National Office for the Cult of Heroes. + Article 13 The establishment on the territory of Romania of cemeteries or plots of honor with foreign tombs is made in accordance with the provisions of international treaties in the field to which Romania is a party, and in their absence, by Government decision. + Article 14 (1) Commemorative works of war shall be carried out in compliance with the legislation in the field of construction authorization and with the opinion of the National Office for the Cult ... (2) The construction of commemorative foreign war works on the territory of Romania shall be approved by the Government. ... ((3) The establishment and protection of graves and commemorative works of Romanian war by the National Office for the Cult of Heroes on the territory of other states shall be made in accordance with the provisions of bilateral international agreements in the field of commemorative, as well as the protocols concluded under these agreements. ... ---------- Alin. ((3) of art. 14 14 has been introduced by section 3 3 of art. unique from LAW no. 286 286 of 19 November 2015 published in MONITORUL OFFICIAL no. 875 875 of 23 November 2015. + Article 15 The modification or displacement of graves or commemorative war works is done with the opinion of the National Office for the Cult of Heroes. + Article 16 The modification of the areas on which the foreign war graves are located, the displacement or redevelopment, as well as any intervention on the commemorative foreign war works on the territory of Romania are made only with the approval of the Government and under the supervision of the National Office for the Cult of Heroes, in accordance with international treaties, and in their absence, by Government decision, after being notified the interested state and the details of some such interventions. + Article 17 The remains of the deceased persons under the conditions provided in art. 2-4 interment individually, except in cases of force majeure imposing a common grave. At each grave is placed an insignia of heads on which minimum identification data of the deceased person are entered. The head mark is specific to the religion of the interred one and has the shape and dimensions specified in the technical norms provided by the Regulation of organization and functioning of the National Office for the Cult of Heroes. + Article 18 (1) In order to ensure proper protection of war graves, it may be possible to displace them. ... (2) Upon reorganization, extension or construction of honorary cemeteries will be observed the technical norms provided in the Regulation of organization and functioning of the National Office for the Cult of Heroes. ... (3) It is forbidden to interment in the cemeteries or in the plots of honor of other deceased persons than those provided in art. 2-4. ... + Article 19 All graves and commemorative war works will have an area of protection provided. Public utility services and special building regulations can be established in the protection zone through the approved and approved urban planning plans and regulations according to the law. ---------- Article 19 has been amended by section 6.6. 4 4 of art. unique from LAW no. 286 286 of 19 November 2015 published in MONITORUL OFFICIAL no. 875 875 of 23 November 2015. + Article 20 (1) The general records of graves and commemorative works of war shall be held by the National Office for the Cult of Heroes. ... (2) Public institutions and local public administration authorities shall be obliged to keep their own records of graves and war commemorative works under their administration or property, as the case may be. ... (3) The Ministry of Foreign Affairs, through diplomatic representations or consular offices, organizes, preserves and constantly updates the record of Romanian war commemorative graves and works abroad. ... + Article 21 The record, inventory, marking, maintenance, preservation and restoration of graves and commemorative works of war shall be carried out in accordance with the technical norms provided for in the Regulation of organization and functioning of the National Office for Hero Cult. + Article 22 The financing of the activities of setting up and protecting the graves and commemorative works of Romanian war is as follows: a) for those abroad, through the budget of the National Office for the Cult of Heroes and according to the international treaties to which Romania is a party; ... b) for those ordered on the national territory and belonging to the public or private domain of the state, from the budgets of public institutions in whose administration they are, and for those belonging to the public or private domain of the units administrative-territorial, from their budgets. ... + Article 23 The maintenance and marking of graves and commemorative foreign war works, located on the territory of Romania, shall be carried out by the public administration authorities, according to the law and in accordance with the international treaties to which Romania is Part. + Article 24 (1) Depending on the importance and extent of the works establishing or protecting the graves and commemorative works of Romanian and foreign war, located on the national territory, the National Office for the Cult of Heroes can support the financing or co-financing them from their budget. ... (2) The works provided in par. (1) are works of national public interest for which the fee for the issuance of the urbanism certificate and the building permit is not due. ... ---------- Alin. ((2) of art. 24 24 has been introduced by section 5 5 of art. unique from LAW no. 286 286 of 19 November 2015 published in MONITORUL OFFICIAL no. 875 875 of 23 November 2015. + Chapter III National Office for the Cult of Heroes + Article 25 (1) The National Office for the Cult of Heroes, specialized body of the central public administration, with legal personality, subordinated to the Ministry of National Defence, is established. ... (2) The organization and functioning, as well as the establishment of the maximum number of posts of the National Office for the Cult of Heroes are made by regulation of organization and functioning, approved by Government decision. ... (3) The National Office for the Cult of Heroes is headed by a director, appointed by order of the Minister of National Defence, in accordance with the legal provisions. ... (4) The structure of posts on compartments, the state of functions and the personnel structure shall be approved by order of the Minister of National Defence. ... (5) The National Office for the Cult of Heroes shall draw up the draft of its own budget, which shall be provided distinctly in the budget ... (6) The financing of the National Office for Heroes ' Cult shall be ensured from the state budget, through the budget of the Ministry of National ... ------------ Article 25 has been amended by section 6.6. 1 1 of para. ((1) art. 65, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 761 of 9 November 2009. + Article 26 The National Office for Heroes ' Cult has the following tasks: a) organizes the national system of research and record of graves and commemorative works of war, Romanian and foreign, located on the territory of Romania, and of the Romanian ones abroad and acts for the search, discovery and their identification; ... b) keep the centralized record of the graves and commemorative works of war, Romanian and foreign, located on the territory of Romania, and of the Romanian ones abroad, as well as of the identification objects discovered occasionally or on the occasion exhumations; ... c) collaborate with non-governmental organizations and religious cults recognized by law in the application of this law, as well as with those abroad that have similar activity; ... d) take the necessary measures to establish and protect the graves and commemorative works of Romanian war abroad; ... e) proposes to the Ministry of National Defence to initiate draft decisions of the Government for the establishment, modification, as well as for the construction of graves and commemorative foreign war works on the territory of Romania; ... ---------- Lit. e) of art. 26 26 has been amended by section 4.2 2 2 of para. ((1) art. 65, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 761 of 9 November 2009. f) initiates, in collaboration with the Ministry of Foreign Affairs, the conclusion of international agreements on the regime of graves and commemorative works of war; ... g) leverages all existing data and information and acts for the search, discovery, identification and evidence of war graves; ... h) decides the ways of regrouping the bones of war dead and commemorative insignia for the places of common interment when individual tombs cannot be arranged; ... i) provides those interested, on request, the data available to him regarding the place of interment of deceased persons, under the conditions provided in art. 2-4 2-4; ... j) collaborates with foreign diplomatic representations for the organization of ceremonies commemorating the military of these states buried on the territory of Romania; ... k) elaborates and submits for approval to the Government, together with the defense and public order institutions, the program of events occasioned by the Day of Heroes and other events; ... l) endorse or approve, as the case may be, the modification or displacement of the graves and commemorative works of Romanian war located on the national territory; ... m) initiates, together with the institutions empowered by law, the draft normative acts for the declaration of public utility and the expropriation, under the law, of the buildings on which the tombs and commemorative works of war; ... n) proposes to the National Commission of Historical Monuments the tombs and commemorative works of war on the territory of Romania to be included in the List of historical monuments; ... o) notifies the Ministry of Culture and Religious Affairs, when it has information, on unauthorized interventions on war commemorative works contained in the List of historical monuments or when their protection zone is violated; ... p) promotes programs and participates in the educational recovery of the memory of the fallen for the country; ... q) organize scientific events and communication sessions, edit and distribute publications and media products for patriotic education of citizens; ... ---------- Lit. q) of art. 26 26 has been amended by section 4.2 6 6 of art. unique from LAW no. 286 286 of 19 November 2015 published in MONITORUL OFFICIAL no. 875 875 of 23 November 2015. r) organizes, in collaboration with the Ministry of Education, Research and Youth, youth camps, in order to care for graves and war commemorative works, which it can financially support; ... s) elaborates the draft normative acts for the administration of administrative-territorial units of graves and commemorative works of war of national interest; ... s) represents the Romanian Government in international activities that have as object the tombs and commemorative works of war; ... t) collaborate with governmental and non-governmental organizations abroad that have similar activity; ... t) control compliance with the legal regime of graves and commemorative works of war, apply sanctions or notify, as the case may be, the authorities empowered by law, when their regime is violated; ... u) draw up the draft own budget of revenue and expenditure; ... v) proposes the passage of tombs and commemorative works of war in the public patrimony of administrative-territorial units; ... w) initiates draft decisions on the establishment, modification or protection of graves and commemorative works of war, at the proposal of defense and public order institutions; ... x) initiates, together with the Ministry of Culture and Religious Affairs and other institutions empowered by law, competitions for the design and execution of monuments of the nature of graves and commemorative works of war, as defined in art. 5, as well as churches related to the cemeteries in which the war graves are located, select the projects and aim to complete them; ... y) formulates proposals in order to edit homage and commemorative stamps on themes related to the honor of heroes; ... y ^ 1) endorses the building regulations in the areas of protection of graves and commemorative works of war; ---------- Lit. y ^ 1) of art. 26 26 was introduced by section 4.2. 7 7 of art. unique from LAW no. 286 286 of 19 November 2015 published in MONITORUL OFFICIAL no. 875 875 of 23 November 2015. y ^ 2) publishes the List of graves and commemorative works of war in the Official Gazette of Romania, Part I, and updates it whenever changes occur; ---------- Lit. y ^ 2) of art. 26 26 was introduced by section 4.2. 7 7 of art. unique from LAW no. 286 286 of 19 November 2015 published in MONITORUL OFFICIAL no. 875 875 of 23 November 2015. y ^ 3) executes the control of the tombs and commemorative works of war on their state of preservation and observance of the specialized opinions issued, as well as the control of the yards having as object the tombs and commemorative works of war, regardless the property regime, the nature of the operations and the source of funding; ---------- Lit. y ^ 3) of art. 26 26 was introduced by section 4.2. 7 7 of art. unique from LAW no. 286 286 of 19 November 2015 published in MONITORUL OFFICIAL no. 875 875 of 23 November 2015. y ^ 4) finds contraventions and applies sanctions, through its powers, and takes the measures to notify the criminal investigation bodies, in the case of crimes; ---------- Lit. y ^ 4) of art. 26 26 was introduced by section 4.2. 7 7 of art. unique from LAW no. 286 286 of 19 November 2015 published in MONITORUL OFFICIAL no. 875 875 of 23 November 2015. y ^ 5) supports, under the law, programs and projects to revitalize and value graves/war commemorative works, decides strategies and co-finances programs and publications for cultural animation and stimulating interest public towards the tombs and commemorative works of war; ---------- Lit. y ^ 5) of art. 26 26 was introduced by section 4.2. 7 7 of art. unique from LAW no. 286 286 of 19 November 2015 published in MONITORUL OFFICIAL no. 875 875 of 23 November 2015. y ^ 6) edit, finance and publish, annually, the Newsletter of the National Office for the Cult of Heroes, as well as other specialized publications, on any type of support and in the virtual environment; ---------- Lit. y ^ 6) of art. 26 26 was introduced by section 4.2. 7 7 of art. unique from LAW no. 286 286 of 19 November 2015 published in MONITORUL OFFICIAL no. 875 875 of 23 November 2015. z) other duties provided by law. ... + Article 27 *) (1) The National Office for Heroes ' Cult shall, according to the law, have movable and immovable property belonging to the public or private domain of the state. ... (2) The National Office for the Cult of Heroes may use for the conduct of its activity material goods received from individuals and legal entities in the form of donations and sponsorships, in compliance with the legal provisions in force. ... Note ... ---------- According to letter t) art. 68, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of 9 November 2009, on the date of entry into force of the Government's decisions on the establishment, organization and functioning of the new entities resulting from the reorganization of public authorities and institutions provided for in Annexes 1 1 and 2 are repealed art. 27 27 and 53 of Law no. 379/2003 on the regime of graves and commemorative war works, published in the Official Gazette of Romania, Part I, no. 700 of 7 October 2003, as amended. ---------- + Article 28 Goods of any kind, imported by the National Office for the Cult of Heroes, used for the construction, maintenance or decoration of war graves and military cemeteries or war commemorative works, are exempt from paying taxes. due to budget. Legal actions to capitalize on the rights of any nature of the National Office for the Cult of Heroes are exempt from stamp duty. ----------- Article 29 has been repealed by point (a). 3 3 of art. 16 of EMERGENCY ORDINANCE no. 17 17 of 9 March 2005 , published in MONITORUL OFFICIAL no. 229 229 of 18 March 2005. + Chapter IV Responsibilities of central and local public administration authorities and owners of buildings on which graves or commemorative works of war are located + Article 30 The Ministry of Culture and Religious Affairs has the following tasks: a) endorse, through the specialized committees, the documentation for the location and realization of commemorative works of war; ... b) endorses, through the specialized committees, the documentation for the interventions on the graves and commemorative works of war inscribed in the List of historical monuments; ... c) ensure, through the directions for culture, cults and national cultural heritage of the county and of the city of Bucharest, its inspection and control at the tombs and commemorative works of war inscribed in the List of historical monuments, regarding the state their conservation and compliance with the specialized opinions issued; ... d) support programs and projects to highlight the graves and commemorative works of war inscribed in the List of historical monuments, co-finance programs and publications for cultural animation and stimulating the public interest in them; ... e) collaborates with the National Office for the Cult of Heroes for the organization and conduct of events occasioned by Heroes ' Day; ... f) requests religious cults recognized by the law to participate in the religious service organized at the tombs and commemorative works of war, on the occasion of the official manifestations of commemoration of heroes; ... g) other duties provided by law. ... + Article 31 The Ministry of Foreign Affairs has the following a) negotiate, together with the representatives of the National Office for the Cult of Heroes and other institutions, as the case may be, the intergovernmental agreements having as object the regime of graves and commemorative works of war; ... b) keep the centralized records of Romanian war commemorative graves and works abroad; the diplomatic representations and consular offices of Romania abroad keep and constantly update the record of graves and works Romanian war commemoratives located on the territory of the state where they operate; ... c) organize, through diplomatic representations or consular offices, activities to honor the memory of Romanian military fallen on the territory of foreign states; ... d) support the actions externally, organized and carried out by the National Office for the Cult of Heroes; ... e) other duties provided by law. ... + Article 32 The Ministry of National Defence has the following a) keep the centralized record of the graves and war commemorative works under its administration, ensure their protection and provide for the necessary funds for this purpose; ... b) establishes the rules for the conduct of ceremonies at the tombs and commemorative works of war; ... c) provide security at the Tomb of the Unknown Ostrobe and establish rules on the organization of visits and solemnities in this place; ... d) participate in the ceremonies organized at the tombs and commemorative works of war; ... e) make available to the institutions and interested persons, upon request, the information available to them regarding graves and commemorative works of war; ... f) ensures the participation of the military in the programs aimed at the educational recovery of the memory of the heroes; ... g) participate in the preparation and negotiation of international agreements on the regime of graves and commemorative works of war; ... h) supports the National Office for the Cult of Heroes in carrying out the duties provided by this Law ... + Article 33 The Ministry of Administration and Interior has the following tasks: a) keep the centralized record of the graves and war commemorative works under its administration, ensure their protection and provide for the necessary funds for this purpose; ... b) make available to the institutions and interested persons, upon request, the information available to them regarding graves and commemorative works of war; ... c) ensure, according to the law, public order at the place of commemorative activities; ... d) at the request of the public administration authorities can provide security and ceremonies to some tombs and commemorative works of war; ... e) organize military and religious ceremonies at the places where there are cemeteries and commemorative works of war, of national interest or of their own, on the occasion of public holidays; ... f) initiates special programs to commemorate Heroes ' Day; ... g) may organize fundraising actions or activities of a philanthropic nature for the construction or maintenance of own monuments; ... h) collaborates with the National Office for the Cult of Heroes in order to protect the graves and commemorative works of war in the country; ... i) participate in the negotiation and implementation of intergovernmental agreements in the field. ... + Article 34 The Ministry of Transport, Construction and Tourism issues, in accordance with the legal provisions, expert opinions for the newly established tombs and commemorative works of war. + Article 35 Ministry of Education, Research and Youth has the following tasks: a) initiates programs to promote the cult of heroes in the ranks of the younger generation; ... b) ensure the participation of young people in the care of graves and commemorative war works, at the camps organized and funded by the National Office for the Cult of Heroes, as well as other similar activities. ... + Article 36 The county councils and the General Council of Bucharest have the following tasks: a) keep the centralized record of graves and commemorative works of war located on the territory of the county or city of Bucharest, as the case may be; ... b) provide in the projects of their own budgets the financial resources necessary to protect the graves and war commemorative works owned by the administrative-territorial units or in their administration; ... c) collaborate with local councils to protect graves and war commemorative works; ... d) take legal measures when ascertaining violations of the legal regime of graves and commemorative works of war. ... e) include, in the programs of economic-social and urban development, respectively spatial planning, specific objectives regarding the protection of graves and commemorative works of war, elaborates, updates, and approves the documentation of landscaping and urbanism that contain tombs and commemorative works of war. ... ---------- Lit. e) of art. 36 36 was introduced by section 4.2. 8 8 of art. unique from LAW no. 286 286 of 19 November 2015 published in MONITORUL OFFICIAL no. 875 875 of 23 November 2015. + Article 37 The local councils of the communes, cities and sectors of Bucharest have the following tasks: a) keep the detailed records of the graves and commemorative works of war located within their territorial area and ensure their protection, providing in their budgets the necessary funds for this purpose; ... b) collaborate with non-governmental organizations to protect graves and war commemorative works. ... c) take legal measures, when they find violations of the legal regime of graves and commemorative works of war; ... ---------- Lit. c) of art. 37 37 was introduced by section 4.2. 9 9 of art. unique from LAW no. 286 286 of 19 November 2015 published in MONITORUL OFFICIAL no. 875 875 of 23 November 2015. d) transmit annually to the National Office for the Cult of Heroes given about the state of preservation of graves and war commemorative works located on the territory of their administrative-territorial unit; ... ---------- Lit. d) of art. 37 37 was introduced by section 4.2. 9 9 of art. unique from LAW no. 286 286 of 19 November 2015 published in MONITORUL OFFICIAL no. 875 875 of 23 November 2015. e) elaborates the urban planning regulations for the areas of protection of graves and commemorative works of war and approves the zoning urban plans only on the basis and under the conditions of the opinion of the National Office for the Cult of Heroes. ... ---------- Lit. e) of art. 37 37 was introduced by section 4.2. 9 9 of art. unique from LAW no. 286 286 of 19 November 2015 published in MONITORUL OFFICIAL no. 875 875 of 23 November 2015. + Article 38 In order to protect the graves and commemorative works of war, the owners and holders of the right of administration or of other real rights to them shall be obliged: a) to use and maintain, under the law, the buildings on which graves and commemorative works of war are located, so that the latter are not affected; ... b) to notify in writing the National Office for the Cult of Heroes, as well as the local council of the administrative-territorial unit to which they belong to any modification or physical degradation of the graves and commemorative works of war; ... c) to ensure, under the law, the access of specialists in order to find the conservation status and for expertise and evidence operations; ... d) obtain the opinions required by law for all interventions carried out on graves and commemorative works of war; ... e) to allow the intervention, conservation, consolidation, restoration works, as well as other works, in a situation where they are initiated and financed by natural or legal persons empowered under the law; ... f) to ensure, under the law, conditions of visitation, shooting and shooting; ... g) to communicate, within 30 days, to the National Office for the Cult of Heroes or, as the case may be, to the mayor of the respective locality any change of the holder of the ownership, administration or other real rights, as the case may be, on the buildings on which tombs and commemorative works of war are located; ... h) to notify in writing the local council of the administrative-territorial unit about the intention to alienate the buildings on which tombs or commemorative works of war are located, in order to exercise the right of preemption of the state, according to art. 9. ... i) to ensure the integrity and protection of the graves and commemorative works of war that it holds/manages, to take measures for fire defense, to ensure the carrying out of conservation, consolidation, restoration, repair works current and their maintenance; ... ---------- Lit. i) of art. 38 38 was introduced by section 4.2. 10 10 of art. unique from LAW no. 286 286 of 19 November 2015 published in MONITORUL OFFICIAL no. 875 875 of 23 November 2015. j) to communicate to the National Office for the Cult of Heroes any change of the holder of the right of ownership, administration or other real rights, as the case may be, on the graves and commemorative works of war that they hold; ... ---------- Lit. j) art. 38 38 was introduced by section 4.2. 10 10 of art. unique from LAW no. 286 286 of 19 November 2015 published in MONITORUL OFFICIAL no. 875 875 of 23 November 2015. k) to notify the future owner, tenant or concessionaire about the legal regime of the graves and commemorative works of war that they hold, as well as the obligation on the use of graves and commemorative works of war. ... ---------- Lit. k) art. 38 38 was introduced by section 4.2. 10 10 of art. unique from LAW no. 286 286 of 19 November 2015 published in MONITORUL OFFICIAL no. 875 875 of 23 November 2015. + Chapter V Commemorating the heroes of the nation + Article 39 It proclaims the Day of Heroes, a national holiday of the Romanian people, the fourth day of the Holy Easter, the Day of the Ascension of the Lord Jesus Christ, according to the Romanian tradition. + Article 40 In the capital of Romania is preserved the Tomb of the Unknown Ostrous, which recalls the anonymous heroes fallen for the good of the homeland. + Article 41 The tomb of the Unknown Ostrobe is administered by the General Council of Bucharest. + Article 42 (1) At the Tomb of the Unknown Soldier are laid flowers, jerbe or wreaths. ... (2) The candle flame burns at all times and can not be extinguished or reignited except with the approval of the Romanian Government. ... + Article 43 (1) At The Tomb Of The Unknown Soldier The Government holds official ceremonies on the National Day of Romania, Heroes Day and Army Day. These days any other commemorative activities are allowed only after the official ceremony is finished. ... (2) State institutions may hold official ceremonies at the Tomb of the Unknown Soldier on the occasion of other important dates for national history, on the occasion of visits of foreign delegations and other official actions, with the notification The Commending Of Garrison Bucharest. ... + Article 44 (1) Romanian citizens deceased under the conditions provided in art. 2 2 para. ((1) and in art. 3 it commemorates itself without any discrimination. ... (2) Each of the deceased must be commemorated individually, by name, either on the mark of the head or by an inscription on a common memorial insignia. ... + Article 45 ((1) The festivities in the country and abroad, dedicated to the memory of the Romanian heroes, are carried out on the basis of a program developed by the National Office for the Cult of Heroes, in collaboration with all state institutions that can contribute to the insurance the solemn nature of the activities of the Heroes ' Day and their good progress. ... (2) The personalities from the state leadership will be present at the representative places and with great symbolic charge for the sacrifice made by the citizens of the country for the acquisition and preservation of national independence, of the state unit, for the defense national sovereignty, the maintenance of the rule of law and national security. ... (3) The local public administration authorities will organize their own commemoration programs with the support and participation of representatives of central authorities and religious cults in the territory. ... (4) The commemoration festivities will be scheduled to begin after officiating the religious service in places of worship. ... ((5) The activities for the commemoration of the Romanian heroes abroad are organized by the Ministry of Foreign Affairs, through the diplomatic representations or consular offices of Romania that operate in the respective states, in collaboration with other institutions or organisations concerned, as appropriate. ... + Article 46 The financing of the heroes ' commemoration activities is made from the state budget through the budget of the National Office for the Cult of Heroes, for the activities organized by it, from the budgets of administrative-territorial units, for organized activities of these, or from the own resources of other categories of organizers, as the case may be. + Chapter VI Sanctions + Article 47 The violation of the provisions of this law attracts, as appropriate, administrative, contravention, civil or criminal liability. + Article 48 (1) It constitutes a contravention to the regime of graves and commemorative works of war and is sanctioned with a fine of 500 lei per 1,000 lei to be deposited at the Tomb of the Unknown Soldier of objects other than flowers, crowns, flower jerbs or other objects worthy of honoring the memory of those provided in art. 2-4. ... (2) It constitutes a contravention to the regime of graves and commemorative works of war and is sanctioned with a fine of 2,000 lei to 3,000 lei extinguishing or rekindling the flame of the candle from the Tomb of the Unknown Soldier without the approval of the Government Romania. ... (3) It constitutes contraventions to the regime of graves and commemorative works of war and is sanctioned with a fine of 1,000 lei to 5,000 lei the following facts: ... a) the conduct, in the areas of protection of graves and commemorative works of war, of manifestations that, through the sound or visual pollution they produce, may impiet on the respect due to the dead, as well as on the feelings of relatives coming to rebound; ... b) failure to specify in the urbanism certificate the need to obtain the opinion of the National Office for the Cult of Heroes for the works proposed at the tombs and commemorative works of war or in their protection areas. ... (4) It constitutes contraventions to the regime of graves and commemorative works of war and is sanctioned with a fine of 3,000 lei to 5,000 lei the following facts: ... a) the organization of commemorative activities at the Tomb of the Unknown Ostrobe on the occasion of the National Day, Heroes ' Day and Army Day, before or concurrently with official ceremonies, without the authorizations provided by law; ... b) prohibition of the right of visitation or shooting of graves and commemorative works of war by the owners or holders of the right of administration or of other real rights on them. ... (5) It constitutes contraventions to the regime of graves and commemorative works of war and is sanctioned with a fine of 7,000 lei to 10,000 lei and the obligation to bear the expenses made for bringing war commemorative works to their state Initial facts: ... a) the interment of deceased persons, other than those provided in art. 2-4 2-4, in spaces intended for war graves or in their protection zone; ... b) the construction and location of new commemorative monuments, plaques, cenotafes, crosses or any construction erected on the space for war graves or in their protection zone without the opinion of the National Office for the Cult of Heroes. ... (6) It constitutes contraventions to the regime of graves and commemorative works of war and is sanctioned with a fine of 5,000 lei to 10,000 lei the following facts: ... a) the displacement of war commemorative works without legal approvals; ... b) the construction, modification, restoration or intervention on the commemorative works of war without the approvals and opinions provided for by this Law; ... c) failure to perform the tasks related to the execution of care, conservation and enhancement of graves and commemorative works of war, as soon as the need for these works was found, as well as to prevent their execution; ... d) redevelopment of graves and commemorative works of war by carrying out unauthorized inscriptions, inscriptions, drawings or any other actions that lead to the change of historical data or the appearance of commemorative works of war. The payment of expenses made for bringing the commemorative works of war to their original state shall be borne by the guilty; ... e) introduction of animals, for grazing or shelter, in war cemeteries; ... f) the issuance of permits for the construction or abolition of graves and commemorative works of war or the issuance of permits for works in the protection areas of graves and commemorative war works without the opinion of the Office National for the Cult of Heroes. ... ---------- Article 48 has been amended by section 6.6. 11 11 of art. unique from LAW no. 286 286 of 19 November 2015 published in MONITORUL OFFICIAL no. 875 875 of 23 November 2015. + Article 49 The finding of contraventions and the application of sanctions shall be made by the representatives of the National Office for the Cult of Heroes, for the contraventions committed throughout the national territory by natural or legal persons private, or by the mayor and its powers, for the contraventions committed on the territory of the administrative-territorial unit by private or legal persons of private law, other than those in the own working apparatus. ---------- Article 49 has been amended by section 6.6. 12 12 of art. unique from LAW no. 286 286 of 19 November 2015 published in MONITORUL OFFICIAL no. 875 875 of 23 November 2015. + Article 50 Contraventions provided for in art. 48 the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. ---------- Article 50 has been amended by section 6.6. 13 13 of art. unique from LAW no. 286 286 of 19 November 2015 published in MONITORUL OFFICIAL no. 875 875 of 23 November 2015. + Chapter VII Transitional and final provisions + Article 51 Non-governmental organizations with non-profit-making legal entities that have as their object of activity the protection of graves and commemorative works of war will continue to operate in compliance with the provisions of this law. + Article 52 (1) The National Office for the Cult of Heroes will take over from the National Military Museum in administration the Archive "Cult of Heroes", within 90 days of its establishment. ... (2) The National Office for the Cult of Heroes is the rightful continuator and takes over the historical traditions of the Society "Tombs of Heroes Fallen in War", the only state institution in Romania with attributions in the field of graves and commemorative works of war, which functioned between 1919-1948, under the Ministry of National Defence. ... ---------- Alin. ((2) of art. 52 52 has been introduced by section 14 14 of art. unique from LAW no. 286 286 of 19 November 2015 published in MONITORUL OFFICIAL no. 875 875 of 23 November 2015. + Article 53 *) Within 90 days of the entry into force of this law, the Government will approve, by decision, the Regulation on the organization and functioning of the National Office for the Cult of Heroes. + Article 54 (1) The present law shall enter into force 30 days from the date of publication in the Official Gazette of Romania, Part I. ... (2) The same date shall be repealed Decree of the State Council no. 117 117 of 23 October 1975 on the regime of graves and commemorative works of war, published in the Official Bulletin, Part I, no. 111 111 of 30 October 1975, Law no. 48/1995 on the proclamation of Heroes ' Day, published in the Official Gazette of Romania, Part I, no. 107 107 of 31 May 1995 and any other provisions to the contrary. ... This law was passed by the Senate at the meeting of June 26, 2003, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at the meeting of September 9, 2003, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU Bucharest, September 30, 2003. No. 379. ------
