Decree of the Ministry of Interior of the Slovak Socialist Republic No. 122 / 1976 Coll.
Decree of the Ministry of the Interior of the Slovak Socialist Republic adjusting the details of the conditions and manner of use of archive documents
Valid
Effective from 01.11.1976
Contents
122
DECLARATION
Ministry of Interior of the Slovak Socialist Republic
of 30 September 1976
adjusting details of the conditions and manner of use of archive documents
The Ministry of Interior of the Slovak Socialist Republic provides, pursuant to § 33 paragraph 1 (e) of the Slovak National Council Act No. 149 / 1975 Coll., on archiving (hereinafter referred to as "the Act"):
Use of archive documents by viewing and studying
Inspection of archive documents and study of archive documents
(1) Archiving documents stored in archives can be used under the conditions laid down by law (Sections 10 to 12 of the Act) and by this decree
(a) a consultation of each archive document, consisting of an introduction to its contents and an assessment of whether the relevant archive document is suitable for the purpose for which the inspection was carried out; the purpose of inspection of archive documents is, in particular, to obtain knowledge of the effectiveness of the request for an extract, copy or reproduction of archive documents for the practical use of the viewer;
(b) by studying individual archive documents or sets thereof, consisting of a one-off or long-term examination of their content or formal aspects, in particular for scientific purposes, by clarifying the political, social, economic, cultural or other phenomena, the facts and context which made the creation of the archive document conditional directly or indirectly.
(2) The method of inspection of each archive document as well as the method of study of archive documents is based on the nature of the archive documents. 1)
(3) Individual persons and authorised representatives of institutions and organisations who, under the conditions laid down by the law and by this decree, consult or study archival documents are researchers within the meaning of this decree.
Obligations of researchers
(1) Access to archive documents and study archive documents can only be found in archive premises intended for this purpose (hereinafter referred to as "archive research"), including spaces specially designed for these purposes (projection hall, etc.). Researchers do not have access to the premises where archival documents are stored.
(2) The person interested in the inspection of archival documents or in the study of archive documents shall be shown by a valid ID or an equivalent card based on it before the inspection or study, 2) and, if it is a stranger, by a valid travel document. In addition, representatives of the institutions and organisations for whose interest or for whose needs the archival documents are to be used shall be demonstrated by written authorisation and, where appropriate, by the recommendation of those authorities or organisations. If the use of archival documents is made for the individual's own needs, his written request is required.
(3) In cases where the approval or authorisation of the Ministry of the Interior of the Slovak Socialist Republic (hereinafter referred to as the "Ministry of Interior '), or of the head of the organisation which manages the archive or its superior body, is required under the law (§ 11 (6), § 12 (2)), the candidate shall always be shown by evidence of such consent or authorisation.
(4) In order to publish (edition) archive documents in the original, complete or abbreviated, foreign or foreign versions, applicants for the study of archival documents must obtain special permission from the Ministry of Interior for this purpose.
(5) The interested party shall fill in a survey or study of archive documents, the model of which is annexed to No I of this Order. The researcher studying archival documents shall complete a new research sheet after any change to the topic of study as well as at the beginning of each calendar year.
(6) The researcher is entered in the visitors' book every time he visits the archive.
(7) After each consultation or study visit, the researcher must return the archive documents in the state and arrangement in which they were presented to him. Reimbursement of any damage caused shall be subject to the relevant regulation.3)
(8) In principle, the researcher must not use the archive of his own reproductive equipment (photographic, film, etc.) in the research room. The use of own reproduction equipment, where justified, and the use of typewriters, magnetophones and other devices which facilitate the study of archive documents may be authorised by the Director (s) of the archive, provided that the operating conditions in the archive are so permitted.
(9) The researcher may use the information he has obtained from the archive documents only for the purposes he has stated in the survey sheet. The researcher shall indicate in his scientific or other work the name of the archive, the names of the archive files used and the names of the archive documents from which he drew.
(10) The researcher is obliged to notify the archive from which archive document he drew, bibliographic data about his published work and send him one copy of it. If several archives are drawn from archive documents, it will send a copy of the work only to the archive from which it drew the most; communicate bibliographic data to other archives.
(11) The researcher is obliged to comply with other obligations laid down in the Research Regulations (§ 14).
Measures in breach of the duties of researchers
Researchers who infringe any of the obligations laid down in this Order or the Order may be refused further consultation of archive documents or further study of archive documents or, where appropriate, consent or authorisation issued.
Archive4)
(1) The archives allow researchers to consult or study archive documents and check the status of archive documents upon their return. For inspection or study, archive documents shall be submitted within the time limit and in quantity according to the operating conditions of the archive and taking into account the social importance of the purpose of the inspection or study.
(2) If the researcher does not start using archival documents within seven days of the agreed date of submission or if he interrupts use for more than 30 days, the archive shall transfer archive documents from the archive room back to the premises where they are permanently stored.
(3) The visiting time for researchers and information on the location of the archive research room must be marked in a visible place.
(4) The archives keep records of the research papers.
(5) It is not possible to submit, in principle, to examine and study:
(a) archival documents which are not yet archived and processed;
(b) archival documents which, due to their physical condition, may be damaged or degraded in the course of further use.
(6) Exemptions from the provisions of paragraph 5 (a) may be authorised by the Director (s) of the archive, if the public interest so requires. If they are with the archive documents referred to in paragraph 5 (b). (b) the reproduction is produced, it is generally necessary to submit for inspection or study such reproduction.
(7) Archiving documents which have been entrusted to archives for safekeeping under agreements may be submitted for inspection or study only under the conditions laid down in the agreements.
(8) Original5) archival documents I and II. category6) shall be submitted for inspection or study only if they have not been reproduced; However, if the nature of the task of study so requires, the archive may be presented, with the agreement of the Director (s), to study such originals even if their reproduction is made.
(9) Archives may, at the request of researchers, provide the necessary archive documents from other archives, if this is useful and economical. Lending of archive documents to other archives shall be authorised by the Director (Head) of the archive under the conditions laid down for the inspection or study of archival documents and provided that their physical condition can be maintained.
(10) Archive documents stored in archives cannot be sent and submitted to researchers outside the archives. Exceptions are permitted in urgent cases for public authorities or public organisations which, in the context of the performance of their tasks, need to consult archival documents, the Director (s) of the archive; in such cases, the archives, the State authority or the state organisation shall ensure that the archive documents are returned in their original state and quantity.
Transport of original archive documents
The originals of the Category I and Category II archive documents are carried in principle through a courier, designated by the manager of the archive from the archive staff. In exceptional other modes of transport such originals must be insured for an appropriate sum. Where the transport of such archival documents is carried out on request and in the interests of the user (Section 4 (9)), the costs associated with it shall be borne by the user.
Use of archive tools and libraries
Archive aids
The archives also allow researchers to use archive aids under the conditions laid down for viewing or studying archive documents.
Archive libraries
The study use of books, magazines and newspapers from the archive library is defined by the borrowing order issued by the Director (Head) of the archive.
Other ways of using archive documents
Issue and lending of archive documents7)
(1) Archiving documents may be exhibited or lent outside the archives for purposes other than consultation and study only exceptionally, taking into account the social importance of their use, provided that their universal protection and conservation of physical condition are ensured. Paragraph 5 shall apply mutatis mutandis.
(2) The consent to use archival documents in the originals as referred to in paragraph 1 shall be given by the Ministry of the Interior; in other cases, the Director (s) of the archive shall give his consent.
Issue of extracts, copies and reproduction of archive documents
(1) Lists, copies and reproduction of archive documents may be issued by archives on request and in accordance with the social interest only in cases where the applicant may be authorised or refused permission to use archive documents (Sections 11 and 12 of the Act).
(2) The requested extracts, copies and reproduction of archive documents, as well as other information on such documents, are sent abroad by archives via the Ministry of Interior.
Archive excursions
The trips to the archives are carried out in the same way as looking at archive documents. Access to other archive spaces as archive research rooms can only be authorised by those authorities that give permission to consult archive documents.
Final provisions
Increased protection in the use of archive documents assessed as cultural monuments and archive documents declared as national cultural monuments
Increased protection in the use of archival documents assessed as cultural monuments (Section 3 of the Act) and archival documents declared as national cultural monuments (Section 4 of the Act) is governed by special legislature.8
Fees
Specific Regulations (9) specify which acts provided by archives when using archive documents are subject to fees.
Use of archive documents stored in cultural and cultural education organisations and facilities
The use of archival documents stored in the organisations and facilities of the Ministry of Culture of the Slovak Socialist Republic (Section 29 of the Act) is governed by the provisions of this Decree.
Research Regulations
The authorities and organisations managing or managing the archives shall, within one year of the date of application of this Decree, issue the Research Regulations for their archives; they shall be based on the standard order of research annexed to No II of this Order. Organisations that manage business archives shall issue a research order for such archives after consultation with the relevant State Archives.
Efficacy
This Decree shall take effect on 1 November 1976.
Minister:
Ing. Lazar v. r.
Příloha 1
Annex 1 to Decree No. 122 / 1976 Coll.
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ALERTS FOR SUBMITTING AND RETURNING ARCHIVE DOCUMENTS
| Poř. č. | Značka (název) souboru — dokumentu | Předloženo dne | Podpis badatele | Vráceno dne | Poznámky |
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Příloha 2
Annex 2 to Decree No. 122 / 1976 Coll.
MODEL
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Under the provisions of Section 14 of the Decree of the Ministry of Interior of the Slovak Socialist Republic No. 122 / 1976 Coll., which regulates the details of the conditions and manner of use of archival documents, I issue for................................................ the archive in......................................... the following research rules:
Preliminary provisions
Persons, bodies and organisations may, in accordance with the social interests, use for their needs archival documents stored in........... the archive in................................... under the conditions laid down by the Act SNR No. 149 / 1975 Coll., on archiving (hereinafter referred to as the "Act"), the Order of the Ministry of Interior of the SSR No. 122 / 1976 Coll., which regulates the details of the conditions and manner of use of the archive documents and this order of research.
Inspection of archive documents and study of archive documents
(1) Access to archive documents and study archive documents can only be found in archive premises intended for this purpose (hereinafter referred to as "archive research"), including spaces specially designed for these purposes (projection hall, etc.). Researchers do not have access to the premises where archival documents are stored.
(2) The interested party before seeing or studying archival documents shall prove his identity by means of a citizen's card or an equivalent card, and shall be a valid travel document. The representatives of the institutions and organisations for whose interest or for whose needs the archival documents are to be used shall, in addition, be shown by written authorisation or, where appropriate, by the recommendation of those authorities or organisations. If the use of archival documents is made for the individual's own needs, his written request is required.
(3) In cases where the approval or authorisation of the Ministry of the Interior of the Slovak Socialist Republic (hereinafter referred to as the "Ministry of Interior ') or of the head of the organisation managing the archive or its superior body is required for the use of archiving documents under the law (§ 11 (6) and § 12 (2)), the interested party must be shown by evidence of such consent or authorisation.
(4) An interest in the study of archive documents for the purpose of publishing (edition) archive documents in the original complete or abbreviated version shall be required if such publication is to take place abroad or for foreign purposes, to obtain special permission from the Ministry of Interior.
(5) The researcher shall complete the research sheet. The researcher who studies archival documents shall complete this sheet at any change in the purpose or subject of the study, as well as at the beginning of each calendar year.
(6) Researchers are entered legibly in the visitors book each time they visit the archive. Every participant of the field trip to the archive is also written into this book.
(7) Archive documents shall be submitted for inspection or study within the time limit and in quantity according to the operating conditions of the archive and taking into account the social importance of the purpose of the inspection or study.
(8) If the researcher does not start using archive documents within seven days of the date agreed for their submission, or if he interrupts the use for a period of more than thirty days, the archive will transfer archive documents from the archive room back to the premises in which they are permanently stored.
(9) The researchers will put their coat, briefcase, bag and so on in the place to be used before entering the archive.
(10) When looking at archive documents or studying archive documents, researchers follow the instructions of the supervisor in the archive research room. This worker is not obliged to assist in reading the text of archival documents or in translating it into other languages etc.
(11) In the archive it is necessary to keep quiet; it is not allowed to smoke, eat, drink, etc.
(12) Researchers are required to save archive documents and therefore must not use them as writing pads, copy directly from them (maps, plans, etc.), underline, cross-check or enter them.
(13) If extracts and notes are taken from archive documents, only a simple pencil of medium hardness can be used. These extracts and notes shall not be left in the research room by researchers.
(14) Researchers shall in principle not use their own reproductive equipment (photographic, film, etc.) in the archive. The use of its own reproductive equipment, in justified cases, as well as the use of typewriters, magnetophones and other devices which facilitate the inspection and study of archive documents may be authorised by the Director (s) of the archive, provided that the operating conditions in the archive are so permitted.
(15) After each consultation or study visit, the researcher must return the archive documents in the condition and arrangement in which they were presented to him. The relevant provisions shall apply to compensation for any damage caused.
(16) The researcher may use information obtained from archive documents only for the purposes specified in the research sheet. The researcher shall indicate in his scientific or other work the name of the archive, the names of the archive files used and the names of the archive documents from which he drew.
(17) The researcher is obliged to notify the archive from whose archive documents he drew, bibliographic data about his published work and send him one copy of it. If he draws from archival documents stored in more archives, he will only send a copy of the work to the archive from which he drew the most; notify other archives of bibliographic data.
Use of archive aids
Researchers may consult archive aids (auxiliary file records of archive documents) under the conditions laid down in Articles 1 and 2 of these Regulations.
Issue of extracts, copies and reproduction of archive documents
Requests for the issuance of extracts, copies and reproductions of archive documents may be met if they are of social interest and only in cases where the applicant can be given the consent or permission to use archive documents, or if miles of such use cannot be denied (Sections 11 and 12 of the Act).
Use of archive library
Researchers may also use books, magazines and newspapers from the archive library in connection with the purpose of viewing archive documents or in connection with the study task and to their extent.
Fees for actions
Specific provisions shall specify which acts provided by archives in the use of archive documents shall be subject to fees. Researchers may request consultation of these regulations.
Final provisions
(1) The use of archival documents shall not jeopardise national or social interests or the legitimate interests of existing persons.
(2) Researchers who breach any of the obligations imposed by this Regulation may be refused further consultation of archive documents or further study of archive documents, or, where appropriate, the consent granted or authorisation issued.
Done at... on...
Signature
(Managing authority - organisation managing or managing the archive)
1) For example for audio recordings of their playback, for film records of their projection.
2) Passes of Members FS, SNR, ČNR, members of the Government of ČSSR and governments of the Czech Republic and of the Government of the Czech Republic and of the Government of the Czech Republic, military card of soldiers in active service, service card of members of the SNB, valid passport or travel document replacing it.
3) Civil Code, Economic Code, etc.
4) Sections 18 to 23, 25 and 26 of the Act.
5) The original means any archive document, even if from a technical point of view it is only a copy (photocopy, other reproduction), if it has been assessed as such in accordance with the provisions of § 2 of the Act as an archive document.
6) Decree of the Ministry of Interior of the Slovak Socialist Republic of 15 September 1976 No. LP-222 / 1976 on the method of protection and categorisation of archive documents; the decree is registered in the Collection of Laws of the Czechoslovak Socialist Republic and published in the Central Journal of the Slovak Socialist Republic.
7) In relation to abroad, the provisions of Section 8 of the SNR Act No. 149 / 1975 Coll., on archiving apply.
8) Sections 7 and 10 of the Ordinance of the Ministry of the Interior of the SSR No. 167 / 1975 Coll., which regulates the details of the procedure for assessing archival documents as cultural monuments and the method ensured! enhanced protection of archive documents such as cultural monuments and national cultural monuments.
9) Decree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Republic and the Ministry of Finance of the SSR No. 138 / 1971 Coll., on Administrative Charges (Schedule I), as amended by No. 120 / 1972 Coll. and No. 119 / 1973 Coll., if the respective remuneration is not subject to price regulations.
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Regulation Information
| Citation | Decree of the Ministry of the Interior of the Slovak Socialist Republic No. 122 / 1976 Coll., which regulates details of the conditions and manner of use of archive documents |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.10.1976 |
|---|---|
| Effective from | 01.11.1976 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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