Decree of the Ministry of Interior of the Czech Socialist Republic No. 117 / 1974 Coll.
Decree of the Ministry of the Interior of the Czech Socialist Republic laying down criteria for the assessment of documents as archives and details of the shredding procedure
Valid
Effective from 01.01.1975
117
DECLARATION
Ministry of Interior of the Czech Socialist Republic
of 27 November 1974
laying down criteria for the assessment of documents as archival and details of the shredding procedure
The Ministry of Interior of the Czech Socialist Republic provides pursuant to § 31 paragraph 1 (a) of the Act of the Czech National Council No. 97 / 1974 Coll., on archiving (hereinafter referred to as "the Act"):
Criteria for assessing documents
Basic provisions
(1) In order to assess whether documents have historical, political, economic or cultural permanent documentary value due to their importance and are therefore archival documents (Section 2 of the Act), these criteria, or only some of them, are decisive: the time of creation, content, origin and external characteristics of the documents.
(2) When examining the documents referred to in the previous paragraph, account shall be taken in particular of:
(a) as regards the content of the document, the value, extent and concentration of the information contained therein, the weight and uniqueness of the document, as well as the type, type and subject matter of the document,
(b) as regards the origin of the document, the social importance, the capacity and status of the originator of the document,
(c) with regard to the external features of the document, to the value of art, to the language, to the letter, to the typewriter, to the method of drawing up and, where appropriate, to the particulars of the document (seal, protective packaging, etc.).
(3) In particular, the types of documents listed in the Annex to this Decree may be regarded as archives according to the time of origin or the content of the documents.
Application of criteria
According to the criteria set out in § 1, documents in the shredder's proceedings (§ 3) and outside the shredder's proceedings (§ 9 and 10) are examined.
Screening procedure
General provisions
(1) Documents which remain unnecessary for the activities of state bodies and socialist organisations (hereinafter referred to as "organisations') shall be excluded from the shredding procedure. These documents shall be assessed according to the criteria laid down for archival (§ 1). Documents assessed as archival shall be submitted to archival care. Only documents which do not have permanent documentary value as archivaly shall be destroyed.
(2) The organisations shall ensure that documents resulting from their activities and, where appropriate, from the activities of their predecessors, including documents received, are properly excluded in accordance with the law and this decree.
(3) When organisations cease to exist, the obligation to ensure that the documents in the shredding proceedings and other obligations laid down in Article 6 of the Act are excluded from their legal successor or, where appropriate, from the bodies responsible for the liquidation of the organisation.
(4) The head of the organisation or, where appropriate, other staff who carry out such management under the authority of the management organisation shall be responsible for the proper implementation of the shredding process.
(5) Documents which were intended for destruction in the shredding procedure may be used only as industrial raw materials, unless, due to the specific nature of the documents disposed of, another method of destruction is provided for.
Cartridges
(1) The competent central authorities shall issue, with the agreement of the Ministry of Interior of the Czech Socialist Republic (hereinafter referred to as "the Ministry of Interior ') and, within a period of time, the agreed shredding schedules for themselves and their directly controlled components, or, where appropriate, the existing shredding schedules. For the national committees, the rules of procedure shall be issued by the Ministry of Interior in agreement with the ministries (central government bodies) which manage the performance of the government in the relevant sector (section). For organisations and installations managed or managed by national committees, they shall issue, with the agreement of the Ministry of Interior and within the time limit agreed with it, the Ministry (central government bodies), the sectors (sections) governed by and managed by national committees.
(2) The rules of procedure shall specify the procedure for the exclusion of documents under the conditions of the sector managed by the competent central authority or falling within its field of competence, including, where appropriate, a model of the shredding proposal (§ 7), a model of the protocol on the shredding procedure (§ 8) and other means of carrying out the shredding procedure.
Scription plans
(1) If the central authorities do not issue a shredder plan as part of the shredding rules, the organisations are required to adapt their shredder plans in accordance with the procedure laid down in the shredding rules and, if they do not already have a shredder plan, they are obliged to compile it. The shredder plans shall include, in accordance with the file plan or any other document arrangement plan, the shredder periods for each type of document, unless specified by specific provisions, (1) as well as the shredder marks A, S, V for documents (paragraph 3).
(2) The time limits for writing shall begin on 1 January of the following year after the completion of the document. The time period for which documents are to be deposited with the relevant organisations shall be determined by the time-limits for the scraping. Exceptionally, organisations may extend the shredding period after prior consultation with the appropriate archival body (§ 6), where documents are necessarily needed for their activities.
(3) The shredder characters shall indicate the individual documents which, after the time limits have expired, shall be proposed in the shredder's procedure for transmission to the appropriate archive ("A") or for destruction ("S") or for assessment if the document is to be submitted to the archive or if it is to be destroyed ("V").
Archives
(1) The archives are archives which oversee the elimination of documents while assessing their permanent documentary value, (2) where appropriate, other archives in charge of the examination of documents, (3) and the Ministry of the Interior (paragraph 2).
(2) The Ministry of the Interior oversees the elimination of documents and assesses their permanent documentary value when it comes to the shredding procedure of those central state bodies and state and other socialist organisations which are of particular importance to the archives, as well as in other cases in which they reserve it.4)
Scription proposals
(1) A shredding procedure shall be carried out at the end of the shredding period.
(2) The organisation shall submit proposals to the competent archival authority for the elimination of documents which do not need to be removed for their further activities (hereinafter referred to as "shredding proposals"). The shredder proposals shall be submitted to the archive authority within the regular time limits agreed with it; If no agreement is reached, the time limits shall be determined by the archival authority.
(3) The organisation's shredding proposals shall be accompanied by a list of all documents which are the subject of the shredding procedure. The documents are divided into groups according to the shredder marks A and S; they also divide the documents marked with the shredder mark V into these groups (§ 5 (3)).
(4) Organisations may set up a shredding committee to prepare shredder proposals; the specific provisions on the compulsory establishment of the shredding committee are without prejudice. 5)
Supervision of the exclusion of documents
(1) When supervising the exclusion of documents, the archival authority shall examine the continuity of the shredder proposal for the previous shredding procedure and establish the state of care of the document and other assumptions of the proper conduct of the shredding procedure; examine the accuracy and completeness of the shredding proposal, assess the documentary value of the excluded documents in accordance with the criteria laid down, approve the protocol on the shredding procedure and give consent to the destruction of documents which do not have the permanent documentary value of the archives; draw attention to the deficiencies identified and propose their removal or, where appropriate, the imposition of appropriate penalties.
(2) If, in the course of archival processing carried out by the archives, it is established that, in addition to the archives, documents which do not have the value of the archives have been taken over, they will be subject to a decision by the archival authority for destruction. We'll have a report on that.
(3) The archive becomes the subject of archival care (§ 15 (1) of the Act), from which it must not be removed without the consent of the archival authority.
Assessment of documents outside the shredding procedure
Documents of non-socialist organisations
In accordance with the criteria set out in Section 1, the Ministry of the Interior shall agree on the details of the procedure for assessing the permanent documentary value of documents as archival materials arising from the activities of non-socialist organisations.
Other documents
In addition to the shredding procedure, they are also assessed according to the criteria set out in Section 1.
(a) documents to be acquired by the State (§ 7 (2), § 10 (1) of the Act);
(b) documents exported from the Czechoslovak Socialist Republic, if they can reasonably assume that they are archivaly (§ 8 (2) of the Act),
(c) documents found,
(d) the documents offered to the archive for storage;
(e) the documents for which the assessment of whether they are archival materials shall be requested by the owner on his own initiative or, where appropriate, on the initiative of the archival authority.
Final provisions
Repeal
The Order of the Ministry of the Interior No 62 / 1953 Ú. l is hereby repealed on the principles for the elimination (shredding) of documents.
Efficacy
This Decree shall take effect on 1 January 1975.
Minister:
Ing. Jung v. r.
Annex to Decree No 117 / 1974 Coll.
Overview
types of documents which may in particular be considered as archives by origin or content
(Paragraph 1 (3) of the Decree)
Documents which can be considered archival according to their time of origin
According to the time of origin, the archives may be considered as:
1. documents issued until 1850,
2. documents from the fields of industrial and agricultural production, financial business and mining business, including patents for major inventions, which were made up to 1900;
3. photographic, film and sound recordings made up to 1920.
Documents which can be considered as archives according to their content
According to the content, archives may be considered in particular as:
Other than in section The documents mentioned above illustrate in a significant way the structure of the company at the various stages of its development, its external structure and its internal composition, its period institutions, the life of the population in all areas of activity and at all social levels, the scope and intensity of the political, economic and cultural activity of its individual groups, states and classes or the activities of significant figures.
Under these assumptions they are archival:
A. documents regardless of historical periods
(a) the minutes of the meetings of all the assembly bodies of legislative, governmental and executive state power (before 1945 and of all similar local authorities) at all stages of the proceedings and of the legal predecessors of all these bodies;
(b) documents on the external and internal organisational structure, management, administration, activity and results thereof
1. the central and all their subordinate bodies of state administration and their predecessors (before 1945 also the local authorities) and all their regional and sectoral components,
2. the judicial components of all grades and species, notaries and prosecutors and their predecessors,
3. national committees of all grades and their executive bodies,
4. economic, budgetary and all other State organisations managed, where appropriate managed by national committees or other State bodies and predecessors of such organisations;
5. cooperative and social organisations, including their businesses and economic establishments and their predecessors;
6. all components and equipment of the armed forces and security forces;
(c) documents
1. on the living conditions of the population in national and economic conditions, in particular the composition and movement of the population;
2. the planning of the development of the national economy, as well as important accounting and statistical statements and summaries,
3. the development and state of health, welfare and housing levels;
4. the development and state of science and technology,
5. on the development and state of education, culture and art,
6. Legislation, including their unimplemented proposals,
7. on the rules governing international relations,
8. The nature of property rights, in particular the transfer of private property to social property,
9. Financial, budgetary and accounting nature,
10. on territorial planning, national borders, administrative boundaries, state symbols and local names and symbols,
11. on geological and soil surveys,
12. geodetic and cartographic,
13. on technical development, including patents for major inventions and documentation of buildings;
14. on cultural monuments, their maintenance, reconstruction and protection, as well as protected parts of nature,
15. Life and work of prominent personalities;
B. of documents characteristic of the period until 8 May 1945
Documents
(a) indicators of industrial and agricultural production, industrial, mining, commercial, financial, commercial and cooperative business;
(b) the political and social struggle of the working class, its organisations, in particular the activities of the Communist Party of Czechoslovakia,
(c) the activities of other political parties and movements, associations and societies, as well as their interests, churches and religious societies;
(d) the increasing class divisions, national and other discrepancies (state, racial, religious, etc.), the exploitation of workers and other workers, the causes, course and consequences of economic conjunctures and crises, strikes and exclusions, the operation of domestic and foreign monopolies, groups and trusts;
(e) on the position of our peoples and their representatives and on the behaviour of national groups in the Munich crisis and in the period preceding it and during the occupation, on domestic and foreign resistance and the activities of the occupying authorities and authorities, on national, political and racial persecution, as well as on other serious events during the First and Second World War (in particular the influence of the Great Revolution in October, the rise of the revolutionary movement during the First World War, etc.);
C. of documents characteristic of the period from 9 May 1945
Documents
(a) the restoration of the Republic, the establishment and consolidation of a people's democratic establishment;
(b) the elimination of the consequences of occupation and war, repatriation and reemigration, national cleansing, settlement and border building, and economic recovery after occupation;
(c) the activities of political parties, in particular the Communist Party of Czechoslovakia, trade unions, other organisations and their prominent representatives,
(d) the construction of a socialist state, a socialist economy, the construction of a socialist society and all related political, economic, social and cultural transformations;
(e) the creation and construction of new bodies of state authority and administration, justice and prosecution;
(f) the nationalisation process and the socialisation of the village;
(g) cooperation with socialist states on the political, economic, scientific and cultural sectors;
(h) economic cooperation with other States and other international relations;
(ch) the social and living standards of citizens, socialist entrepreneurship and the building effort of our people;
(i) the development of science, technology and culture;
(j) the development of youth movement, physical education, sport and other interest areas;
(k) the development of the socialist rule of law, the federalisation of the State and the changes resulting therefrom.
1) Decree of the Government of the Czechoslovak Socialist Republic No. 153 / 1971 Coll., on the Information System of Organisations. Directive of the Federal Ministry of Interior of 23 December 1971, i.e. SKÚ- 207 / 1971 for the handling and transport of written and other materials containing facts forming the subject of state, economic and professional secrecy, notified in the amount of 6 Collection of Acts of 1972, etc.
2) Paragraphs 17 (2), 18 (2), 19 (2), 20 (2) and 21 (2) of the Czech National Council Act No. 97 / 1974 Coll., on archiving.
3) Paragraph 2 (3) of the Act of the Czech National Council No. 97 / 1974 Coll., on archiving.
4) Paragraph 2 (3) of the Act of the Czech National Council No. 97 / 1974 Coll., on archiving.
5) Decree of the Government of the Czechoslovak Socialist Republic No. 153 / 1971 Coll., on the Information System of Organisations. Directive of the Federal Ministry of Interior of 23 December 1971, namely SKU-207 / 1971 for the handling and transport of written and other materials containing facts forming the subject of state, economic and professional secrecy, notified in the amount of 6 Collection of Acts of 1972, etc.
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Regulation Information
| Citation | Decree of the Ministry of the Interior of the Czech Socialist Republic No. 117 / 1974 Coll., laying down criteria for the assessment of documents as archives and details of the shredding procedure |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.11.1974 |
|---|---|
| Effective from | 01.01.1975 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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