Decree of the Ministry of Interior of the Czech Socialist Republic No. 101 / 1974 Coll.
Decree of the Ministry of Interior of the Czech Socialist Republic on the recognition of archives as cultural monuments and on the increased protection of archives as cultural and national cultural monuments
Valid
Effective from 01.01.1975
101
DECLARATION
Ministry of Interior of the Czech Socialist Republic
of 30 October 1974
on the recognition of archives as cultural monuments and the increased protection of archives as cultural and national cultural monuments
The Ministry of Interior of the Czech Socialist Republic provides in agreement with the Ministry of Culture of the Czech Socialist Republic pursuant to § 31 paragraph 1 (b) and § 2 of the Act of the Czech National Council No. 97 / 1974 Coll., on archiving (hereinafter referred to as "the Act"):
Assessment of archives as cultural monuments
Assessment aspects
(1) When assessing whether archival is a cultural monument within the meaning of the law, account shall be taken of the content value of archival, its form, the importance of its originator, the time and place of origin, the importance for the history of general, national or regional history, the importance for the history of science, technology and culture, the uniqueness and originality or any other characteristics of the archival, for which it is of particular importance for the culture of society (§ 3 (1) of the Act).
(2) Both individual archives and their files [archival funds, archival collections 1) or their integrated parts may be recognised as cultural monuments, although some archives themselves would not be cultural monuments.
Submission of proposals
(1) Proposals for the recognition of archives (§ 1 (2)) for cultural monuments (hereinafter referred to as "proposals") are submitted directly to the Ministry of the Interior of the Czech Socialist Republic (hereinafter referred to as "Ministry of Interior") by the archives in which these archives are stored, unless otherwise specified.
(2) Business archives of organisations managed by national committees operating in the capital city of Prague, in the cities of Brno, Ostrava and Pilsen, submit proposals to the Ministry of the Interior through archives of these cities. Other company archives and district archives submit proposals to the Ministry of the Interior through the respective national regional archive, while the company archives of organisations listed in Section 23 (1) of the Act and located in the territory of the capital of Prague submit proposals via the state regional archive in Prague.
(3) Proposals relating to archives stored in archives referred to in Sections 25 and 26 of the Act shall be made by the competent authorities and organisations in a manner agreed with the Ministry of Interior.
(1) Proposals concerning archives not stored in archives are submitted to the Ministry of Interior by the State Regional Archives and the Archive of the City of Prague.
(2) Proposals relating to archivaly stored in organisations and facilities active in the field of the Ministry of Culture of the Czech Socialist Republic (2) (hereinafter referred to as "cultural and cultural education organisations and establishments") shall be submitted by the archives referred to in paragraph 1 with the expert opinion of these organisations and establishments.
Decision-making on proposals
(1) The Ministry of the Interior or, where appropriate, the State Archives responsible for it, before deciding on proposals in more complex cases, shall seek the opinion of scientific institutions; as regards archival sites stored in cultural and cultural educational organisations and facilities, the Ministry of Culture of the Czech Socialist Republic will always seek the opinion.
(2) The authority referred to in the previous paragraph shall inform as soon as possible the archive in which the archive is stored, the archive through which the application has been submitted, and, if it is not stored in the archive, who is entitled to dispose of the archive.
Increased protection of archives as cultural and national cultural monuments
Reproduction
Immediately after the declaration of the archive as a national cultural monument or after recognition of the archive as a cultural monument, it shall be obtained from those archives of reproduction; for archival sites declared a national cultural monument, one special copy shall be drawn up for documentation purposes in accordance with the instructions of the Ministry of Interior.
Protection of archives recognised as cultural monuments
Storage
(1) Archives recognised as cultural monuments are left in the files of the archives of which they are part.
(2) Archives recognised as cultural monuments which are stored in archives, or in cultural and cultural education organisations and facilities, shall be marked significantly on protective packaging. The premises where archives recognised as cultural monuments are stored shall be similarly marked. These premises shall be particularly secure against unauthorised access.
(3) A specific location plan shall be maintained for the storage of archives recognised as cultural monuments.
(4) The physical condition of archives recognised as cultural monuments shall be checked within the time limits and in a manner specified by the Ministry of Interior; reports of the outcome of the inspection shall be submitted to the Ministry of the Interior without delay after its completion in the same way as proposals for the recognition of archives as cultural monuments (Sections 2 and 3).
(5) Weaknesses detected in the physical state by archives recognised as cultural monuments must be immediately removed and the damaged archives must preferably be preserved and restored.
(6) The method of increased protection of the archive recognised as a cultural monument, which is not in socialist social ownership and is not stored in the archive or in cultural and cultural educational organisations and facilities, shall recommend to the owner the archive in which it is registered (Section 10 (2) of the Act) within the limits of the provisions of the previous paragraphs, taking into account the particular circumstances of the case.
Use
(1) Archives recognised as cultural monuments shall be submitted for inspection in reproduction. The originals of these archives may be submitted for inspection only with the agreement of the director (s) of the archive, which can be awarded if the nature of the teaching task so requires.
(2) Archives recognised as cultural monuments can be sent in originals for inspection into another archive only exceptionally, with particular caution.
(3) Lending of archives recognised as cultural monuments in the Czechoslovak Socialist Republic for a purpose other than consultation (e.g. exhibition, etc.) must be discussed in advance with the Ministry of Interior.
Registration
The special registration of archives recognised as cultural monuments (Section 3 (5) of the Act) consists of identifying the characteristics characterising their value as cultural monuments on both the record sheet and the special records which are stored separately. 3)
Protection of archives declared national cultural monuments
Storage
(1) The archives declared national cultural monuments must be stored in a particularly secure place. If these archives are part of the file and it is not possible to secure the whole file, they must be removed from it. Paragraph 6 (2), (3) and (6) shall apply mutatis mutandis.
(2) Only personnel designated by the director (s) of the archive or, where appropriate, the head of the organisation or establishment where such archives are stored may take care of archivals declared as national cultural monuments.
(3) Conservative and restaurant interventions in archives declared as national cultural monuments may be carried out only with the consent of the Ministry of the Interior and in a manner specified by it.
(4) Reports of the physical state of the archives declared as national cultural monuments shall be submitted directly to the Ministry of the Interior without delay if these archives are threatened, otherwise once a year. The deficiencies identified must be corrected immediately.
Use
(1) The archives declared as national cultural monuments may be presented in the original for inspection only in places where they are permanently stored, with the consent of the Ministry of Interior, which may only be granted in specially justified cases. Otherwise they are presented for inspection only in reproduction.
(2) The archives declared as national cultural monuments may be exhibited in the territory of the Czechoslovak Socialist Republic, provided that they are properly secured only with the consent of the Ministry of Interior and under the conditions specified therein.
(3) The Ministry of the Interior, in cooperation with other institutions, ensures the promotion and popularisation of archives declared national cultural monuments, as well as the publication of the results of scientific or other evaluations.
Registration
(1) The archives declared national cultural monuments are entered in a special list maintained by the Ministry of Interior in order to protect them.
(2) The list of archives declared as national cultural monuments contains the essential characteristics of these archives and details of when the archive was declared a national cultural monument by the Government of the Czech Socialist Republic and where it is stored.
(3) In addition to the list of archives declared as national cultural monuments, the Ministry of the Interior shall keep appropriate documentation.
Common provision
Efficacy
This Decree shall take effect on 1 January 1975.
Minister:
Ing. Jung v. r.
1) Directive of the Ministry of Interior of the Czech Socialist Republic on the method of keeping records of archives and the composition of the Single Archive Fund in the Czech Socialist Republic no. Ar / 3-3061 / 74.
2) Paragraph 27 of the Act of the Czech National Council No. 97 / 1974 Coll., on archiving.
3) The guidelines of the Ministry of the Interior on the method of keeping records of archives and the composition of the Single Archive Fund in the Czech Socialist Republic no. Ar / 3-3061 / 1974.
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Regulation Information
| Citation | Decree of the Ministry of Interior of the Czech Socialist Republic No. 101 / 1974 Coll., on the recognition of archives as cultural monuments and on the increased protection of archives as cultural and national cultural monuments |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.10.1974 |
|---|---|
| Effective from | 01.01.1975 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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