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Law No. 120 Of 4 May 2006 For Public Monuments

Original Language Title:  LEGE nr. 120 din 4 mai 2006 monumentelor de for public

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LEGE no. 120 120 of 4 May 2006 (* updated *) public forum monuments ((updated until 15 February 2011 *)
ISSUER PARLIAMENT




---------- *) The initial text was published in the OFFICIAL GAZETTE no. 403 403 of 10 May 2006. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. Piatra Neamt until February 15, 2011, with the modifications and additions made by EMERGENCY ORDINANCE no. 12 12 of 9 February 2011 . The Romanian Parliament adopts this law + Article 1 This law regulates the general legal framework of the realization, location and administration of public forum monuments. + Article 2 (1) For the purposes of this law, public works monuments are immovable property, works of fine art, monumental art, construction or non-commercial furnishings, having a decorative, commemorative and signal character, located in public spaces, in an area of protection, on land in the public or private domain of the state or administrative-territorial units. (2) Public forum monuments can be classified as historical monuments, following the general legal regime established for them. + Article 3 Under the present law, they are or acquire the status of public forum monuments, as the case may be, the immovable property listed in art. 2 2 para. (1), at the date of entry into force of this law, in public spaces, on land belonging to the public or private domain of the state or administrative-territorial units, if they meet one of the following conditions: a) their location was carried out on the basis of a building permit issued in compliance with the legal regulations in force at the date of location; b) their existence is recorded or attested as notorious, until the date of entry into force of this law, through scientific publications, tourist guides or other prints having a public information character or by the records of the authorities, public institutions and services. + Article 4 Public forum monuments can be carried out as follows: a) as an investment objective in the budgets of public authorities, institutions and services; b) within the framework of cultural programs and projects financed by funds allocated from the state budget and/or from local budgets, according to the legal provisions in force; c) within the framework of partnerships established between authorities and/or public institutions subordinated to them and individuals or legal entities under private law, aimed at supporting programs or projects of fine art or monumental art; d) within the framework of cultural programs or projects promoted and supported exclusively by private funds, by private individuals or legal entities, with the consent of the local public administration authorities + Article 5 The location of public forum monuments will be carried out in compliance with all the legal provisions in force on urbanism and the authorization of the execution of construction works, as well as with the opinion on the artistic conception of the public forum, issued by the Ministry of Culture and Religious Affairs or, as the case may be, by its devolved services, based on the analysis carried out by the National Commission for the Monuments of For Public, respectively by the area commissions for public forum monuments. + Article 6 (1) The National Commission for Public Monuments shall be established and operated, as a specialized body of the Ministry of Culture and Religious Affairs, in the field of public forum monuments. (2) The National Commission for Public Monuments is made up of 11 members, artists, architects, urban planners or visual arts specialists and/or art critics recognized for professional competence and moral probity. (3) In order to avoid conflict of interest, each member of the National Commission for the Monuments of Public Will will sign a declaration of impartiality, according to the annex to this law. (4) The appointment of the members of the National Commission for Public Monuments is made at the proposal of the Romanian Academy, specialized professional associations, specialized higher education institutions and public institutions specialty, by order of the Minister of Culture and National Heritage, for a 2-year term, which can be renewed, consecutively, once. ------- Alin. ((4) of art. 6 6 has been amended by section 1 1 of art. V of EMERGENCY ORDINANCE no. 12 12 of 9 February 2011 , published in MONITORUL OFFICIAL no. 114 114 of 15 February 2011. (5) The National Commission for Public Monuments is headed by a president, elected from among its members with the vote of their majority. (6) The main tasks of the National Commission for Public Monuments are as follows: a) proposes to the Ministry of Culture and Religious Affairs the approval of the strategy on public forum monuments; b) analyze the projects of public monuments submitted to the notice and propose, as the case may be: 1. endorsement of projects; 2. review of projects, with recommendations, for further analysis; 3. rejection of projects; c) establishes the protection zone for approved public forum monuments. (7) Other duties of the National Commission for Public Monuments Monuments shall be established by the regulation of organization and functioning of this body, approved by order of the Minister of Culture and Religious Affairs. (8) The Secretariat of the National Commission for Public Monuments Monuments shall be provided by a public official of the specialized department of the Ministry of Culture and Religious Affairs, appointed by order of the Minister of Culture and Religious Affairs. (9) For the work performed the members of the National Commission for Public Monuments receive a monthly allowance established by order of the Minister of Culture and National Heritage, plus the settlement of participation expenses in Commission work The monthly allowance is granted for the activity performed in the months in which the committees meet and cannot exceed 10% of the monthly allowance of a Secretary of State *). -------- Alin. ((9) of art. 6 6 has been amended by section 1 1 of art. V of EMERGENCY ORDINANCE no. 12 12 of 9 February 2011 , published in MONITORUL OFFICIAL no. 114 114 of 15 February 2011. *) NOTE C.T.C.E. S.A. Piatra-Neamt: According art. VII of EMERGENCY ORDINANCE no. 12 12 of 9 February 2011 , published in MONITORUL OFFICIAL no. 114 of February 15, 2011, until December 31, 2011, members of the specialized committees benefit from a monthly allowance of 1% of the monthly allowance of a Secretary of State, plus the settlement of participation expenses in the work of the Commission, given for the work performed during the months in which the committees meet. Changing the duration of the mandates of the members of the specialized committees does not affect the pending mandates + Article 7 (1) On the proposal of the National Commission for Public Monuments, the Minister of Culture and Religious establishes, by order, up to 15 zonal commissions for public forum monuments, which will exercise, for rural localities in the territory of competence, powers delegated by the National Commission for Public Monuments Monuments. (2) The territory of competence of a zoning commission may be at least two counties and no more than 4 counties, depending on the number and area occupied by the rural localities in the respective counties, as well as the cultural specificity of each area, so as to ensure a balance of the territories of competence for each zonal commission, in relation to the other area commissions. (3) Each zonal commission consists of 11 members, artists, architects, urban planners or visual arts specialists and/or art critics, recognized for professional competence and moral probity, who are representative of the area. That. (4) In order to avoid conflict of interest, each member of the zonal commission for public forum monuments will sign a declaration of impartiality, according to the annex. (5) The members of the area commissions are appointed by order of the Minister of Culture and National Heritage for a term of 2 years, which can be renewed, consecutively, once. -------- Alin. ((5) of art. 7 7 has been amended by section 2 2 of art. V of EMERGENCY ORDINANCE no. 12 12 of 9 February 2011 , published in MONITORUL OFFICIAL no. 114 114 of 15 February 2011. (6) The Secretariat of each area commission shall be provided by a public official of the devolved service of the Ministry of Culture and Religious Affairs, appointed by order of the Minister of Culture and Religious Affairs. (7) For the territory of competence of the area commissions, the opinion on the artistic conception of the public forum shall be issued, on behalf of the Ministry of Culture and Religious Affairs, by its devolved service, which ensures the functioning of the commission zoning. (8) The members of the area commissions for public forum monuments receive a monthly allowance, for the months in which the commission meets, which cannot exceed 10% of the monthly allowance of a secretary of state, plus the settlement of expenses participating in the Commission's work *). ------- Alin. ((8) of art. 7 7 has been amended by section 2 2 of art. V of EMERGENCY ORDINANCE no. 12 12 of 9 February 2011 , published in MONITORUL OFFICIAL no. 114 114 of 15 February 2011. *) NOTE C.T.C.E. S.A. Piatra-Neamt: According art. VII of EMERGENCY ORDINANCE no. 12 12 of 9 February 2011 , published in MONITORUL OFFICIAL no. 114 of February 15, 2011, until December 31, 2011, members of the specialized committees benefit from a monthly allowance of 1% of the monthly allowance of a Secretary of State, plus the settlement of participation expenses in the work of the Commission, given for the work performed during the months in which the committees meet. Changing the duration of the mandates of the members of the specialized committees does not affect the pending mandates + Article 8 (1) Within 60 days from the date of entry into force of this law, public authorities and institutions or public services subordinated to them, as the case may be, shall transmit to the public services devolved of the Ministry of Culture and Religious Affairs the situation of public forum monuments under administration and which meet the conditions laid down in art. 3. (2) Within the period provided in par. (1), the local public administration authorities or the public institutions or services subordinated to them will identify the constructions or the facilities having the characteristics of the public forum monuments, but which do not meet the conditions provided in art. 3. (3) Findings, according to par. (2), will be communicated to the devolved public services of the Ministry of Culture and Religious Affairs, and they will analyze the existing situations and propose measures of entry into law, as the case may be. + Article 9 (1) Failure to comply with art. 5 constitutes contravention, if the act was not committed so as to constitute a crime, according to the criminal law, and is sanctioned with a fine of 10,000 lei to 20,000 lei. (2) Provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , as amended and supplemented, shall apply accordingly. (3) Finding the contraventions provided in par. ((1) and the application of sanctions shall be carried out by the authorized representatives of the Ministry of Culture and Religious Affairs and/or of its public services, as appropriate. + Article 10 (1) The public administration authorities have the obligation to ensure the protection and enhancement of public forum monuments under their administration. (2) The destruction or degradation of public forum monuments shall be sanctioned according to the provisions of the Criminal Code. + Article 11 The Annex containing the text of the declaration of impartiality is an integral part of this This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. p. CHAMBER OF DEPUTIES PRESIDENT, MIRON TUDOR MITREA SENATE PRESIDENT NICOLAE VACAROIU Bucharest, May 4, 2006. No. 120. + Annex DECLARATION OF IMPARTIALITY The undersigned/Undersigned ........, as a member of the National Commission for the Monuments of Public For Public/Zonal Commission ..........., I declare on my own responsibility that neither I nor my relatives or blueberries until the second degree including we have any a patrimonial or non-patrimonial interest in connection with the granting of a grant for the realization of a public forum approved by the commission. I confirm that in the event that I discover, in the course of the endorsement action, that I am in this situation, I will immediately declare this and withdraw. Under penalty applicable to the offence of false statements, I declare that I have verified the data in this statement and, in accordance with the information provided, I declare it complete and correct. Signature ................ Date ..................... ___________