Act of the Slovak National Council No. 149 / 1975 Coll.
Act of the Slovak National Council on archiving
Valid
Effective from 01.01.1976
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149
THE LAW
Slovak National Council
of 19 December 1975
on archiving
The Slovak National Council decided on this law:
Preliminary provisions
The purpose of this Act is to create the preconditions for further development of archiving in the Slovak Socialist Republic in order to ensure the preservation of archival wealth for future generations and to effectively contribute to scientific research, to the recognition of the history and progressive traditions of the Slovak nation and the Czech nation and to addressing the current political, economic and cultural problems of companies.
ARCHIC DOCUMENTS
General provisions
(1) Archiving documents are written, pictorial, sound and other records derived from the activities of state and other bodies and organisations as well as from the activities of individuals which, in view of their historical, political, economic or cultural significance, have a permanent documentary value.
(2) The fact that written, image, sound and other records (hereinafter referred to as "documents") have a permanent documentary value shall be assessed in accordance with the criteria laid down [Paragraph 33 (1) (a)] in the shredding proceedings by the archives responsible for the supervision of the disposal (shredding) of documents, other than the shredding proceedings of the national regional archives in whose territorial district the document is located.
(3) By assessing the documentary value of the documents, the Ministry of the Interior of the Slovak Socialist Republic (hereinafter referred to as "the Ministry of the Interior ') may delegate to the Ministry of the Interior an archive other than that which would have been competent in accordance with paragraph 2, or may carry out this activity itself.
(4) It shall inform the archives referred to in paragraphs 2 and 3, or the Ministry of the Interior, of the fact that the document is an archive document, or of the person entitled to dispose of it.
Archive documents as cultural monuments
(1) Archiving documents which are evidence of the development of a company or of one of the fields of human activity or relate to significant persons or events and which are of particular importance for these characteristics or to one of them for the culture of a society are cultural monuments.
(2) When assessing whether an archive document is a cultural monument, account shall be taken in particular of its content, form, origin, time of origin or its importance for general, national or regional history.
(3) The proposal to assess whether the archive document is a cultural monument is submitted by the archive in which the archive document is stored. If it is an archive document which is not stored in the archive, a proposal from the State Regional Archives is submitted, whose territorial district is the archive document. The proposal shall be decided by the Ministry of the Interior, which may be entrusted by one of its State archives.
Archive documents declared as national cultural monuments
The Government of the Slovak Socialist Republic can declare national cultural monuments the most important archive documents, which are cultural monuments. The proposal is submitted by the Minister of the Interior of the Slovak Socialist Republic ("the Minister of Interior ') in agreement with the Minister of Culture of the Slovak Socialist Republic (" Minister of Culture').
United Archive Fund of the Slovak Socialist Republic
The archives kept in the records in the territory of the Slovak Socialist Republic shall consist of the Single Archive Fund of the Slovak Socialist Republic (hereinafter referred to as the Single Archive Fund), irrespective of whether they are in socialist social ownership or in personal ownership or privately owned.
PROTECTION OF WRITTEN AND ARCHIVE DOCUMENTS
Pre-emptive care of documents
(1) The state authorities and socialist organisations, in the framework of pre-donation management of documents, ensure the professional management of documents derived from their activities or from the activities of its predecessors; ensure proper file records, effective and secure storage and proper removal of documents.
(2) When the documents are disposed of, the documents of permanent documentary value, intended for storage in the archive, shall be separated from documents of no documentary value, intended for destruction.
(3) The documents referred to in paragraph 1 may not be destroyed without the authorization of the archive responsible for supervising the removal of documents or without the approval of the Ministry of Interior (Article 2 (2) and (3)).
(4) State authorities and socialist organisations are responsible for the proper elimination of documents (paragraph 2), allow for the exercise of supervision (paragraph 3) and submit archive documents to the appropriate archive.
Protection of archive documents
(1) Archive documents are protected by the State. The protection of archival documents and the professional care of them are provided by archives which have taken them into archival storage. Citizens, institutions and organisations are obliged to promote this protection in a universal manner.
(2) The archive documents acquired by the State will be taken over by the archives. The archives also provide protection for those archival documents that, according to the agreed conditions, have been taken into archival storage.
Archive documents in relation to abroad
(1) Archiving documents may be exhibited abroad, lent abroad or, for other purposes, exported abroad only with the consent of the Ministry of Interior.
(2) Archiving documents declared as national cultural monuments can be displayed abroad or borrowed abroad only with the consent of the Government of the Slovak Socialist Republic; However, they shall not be exported abroad for other purposes.
Protection of archival documents belonging to citizens or non-socialist organisations
(1) Citizens or non-socialist organisations which are owners of archive documents (hereinafter referred to as the "owner of the archive document") may transmit, exchange or donate the archive document, unless the State buys it at a maximum estimated price. The right of the State to purchase the archive document shall cease to exist six months after the owner of the archive document has been offered or if the State rejects the offer in a shorter period.
(2) Owners of archive documents which are not stored in the archive are required to take due care of them and to allow the staff of the archive which keeps them in the register to be satisfied on the spot. Where such documents threaten to destroy, damage or loss, their owners shall be obliged to take measures to rescue them, which they recommend; If they do not do so, the Ministry of the Interior may order them to surrender the archive documents for the necessary period of time to the free storage of the archive which the Ministry of the Interior will also determine.
(3) Owners of archival documents which are not stored in the archive are required to notify the archive that keeps them in the register, all necessary data and changes in ownership.
USE OF ARCHIVE DOCUMENTS
General provisions
Citizens, authorities and organisations shall be entitled to use archival documents stored in archives for their needs in accordance with the social interests; they are authorised to use them in particular for study and other purposes. For this purpose, citizens, authorities and organisations are entitled to consult and request extracts, copies and reproduction of archive documents.
Inspection of archive documents
(1) Citizens, authorities and organisations may consult the archive documents stored in the State archives with the agreement of the Director of the relevant archive. For inspection of archive documents stored in company archives and in archives of organisations of particular importance (hereinafter referred to as "other archives'), the agreement of the head of the organisation which manages the archive shall be given by or by an authorised official.
(2) The consent to be consulted on archival documents cannot be granted if, by consulting archival documents, State or social interests or the legally protected interests of existing persons are threatened.
(3) Inspection of archive documents stored in archives cannot be denied
(a) citizens, institutions and organisations in respect of archival documents originating from their activities;
(b) public authorities which, in the context of the performance of their tasks, need to consult archive documents;
(c) the public authorities to which this right is due under special rules.
(4) The archive documents which have been entrusted to archives for safekeeping may be consulted under agreed conditions.
(5) Statements, copies and reproduction of archive documents may be issued only under the conditions laid down in paragraphs 1 to 4.
(6) Foreign nationals, stateless persons, foreign authorities and organisations, Czechoslovak nationals and Czechoslovak authorities and organisations requesting access to archival documents in the interests of foreign nationals, stateless persons and foreign authorities and organisations may consult archive documents deposited in state archives only with the consent of the Ministry of Interior. For inspection of archive documents stored in other archives, the agreement of the head of the organisation managing the archive or its superior body shall be given. Consent may not be given on the grounds referred to in paragraph 2.
Study of archive documents
(1) The study of archive documents stored in the State archives is authorised by the Director of the relevant archive. The study of archival documents stored in other archives shall be authorised by the head of the organisation managing the archive or by its authorised staff.
(2) Study of archival documents of age not exceeding 50 years and archive documents of special economic importance, regardless of age, further study of archival documents by foreign nationals, stateless persons, foreign authorities and organisations, as well as Czechoslovak state citizens and Czechoslovak authorities and organisations applying for the study of archival documents in the interest of foreign nationals, stateless persons and foreign authorities and organisations, irrespective of the nature and age of the archive documents permitted, if the archive documents deposited in the national archives, by the Ministry of Interior; If archival documents are stored in other archives, their studies are authorised by the head of the organisation managing the archive or by its superior body.
(3) The study of archival documents may not be authorised for the reasons set out in Paragraph 11 (2). Paragraph 11 (4) shall apply mutatis mutandis.
SCOPE OF THE NETHERLANDS
Tasks
(1) The organisation and management of the archives and their supervision fall within the competence of the Ministry of Interior. Within that scope, the Ministry of the Interior shall in particular:
a) determines the concept of archiving development, unifies the professional activities of archives and the methodology of archival work, creates and ensures appropriate conditions for the preservation of archive documents;
(b) ensure the protection and registration of archive documents constituting the Single Archive Fund, check their status and storage in archives, organise the completion of the Single Archive Fund; in the cases at issue, decide on the location of archive documents;
(c) supervise compliance with the rules on the shredding procedure;
(d) ensure the processing, disclosure and publication of archival documents;
(e) ensure the political and professional growth of archival workers and the development of their education;
(f) ensure, within the scope of its competence, inter alia, scientific cooperation in the field of archiving;
(g) coordinate the scientific activities of archives and promote its development in cooperation with the Slovak Academy of Sciences, working closely with universities and other scientific institutions;
(h) cooperate with state authorities and socialist organisations in the field of rationalisation of administrative work, in particular with regard to new types of documents arising from their activities.
(2) The Ministry of the Interior may, within the limits of the law, entrust the performance of certain of its tasks in the field of archiving, in particular as regards professional supervision, to State archives managed by it, unless otherwise specified.
(3) The Ministry of the Interior may include in one of its managed archives, in agreement with a State authority or socialist organisation, the archives managed by that authority or organisation.
Scientific Archives Board
(1) The scientific archive board is the advisory body of the Minister of the Interior for Scientific and Professional Issues of Archives; Its members are appointed and withdrawn by the Minister of Interior after consulting the Chairman of the Slovak Academy of Sciences and the Minister of Culture. The performance of the function of a member of the Scientific Archive Board shall be of general interest.
(2) The tasks of the Scientific Archive Board, the principles of its organisation and activities are governed by the Statute of the Minister for the Interior.
ARCHIVES
Archive System
(1) Archives are institutes or professional archives which take care of archive documents in general. The archives referred to in Sections 18 to 21 are the institutes. The archives referred to in Sections 22, 23 and 25 are professional archives.
(2) The archives are divided into state archives (the State Central Archive of the Slovak Socialist Republic, the State Central Mining Archive, the State Regional Archives, the Archive of the Slovak Socialist Republic of Bratislava, the State District Archives and the City Archive of Košic) and the archives of state economic organisations and other socialist organisations (§ 11 (1)).
Tasks of archives
(1) The task of archives is to provide universal care for archival documents, their professional and scientific processing and use, as well as making them available for scientific and other purposes. The care for archival documents (archival care) means the collection of archive documents in archives, the acceptance of archive documents from their originators (§ 6 (4)) or the acquisition from their owners (§ 9 (1)), their proper protection and their safe storage and registration.
(2) The archives also contribute to the performance of the tasks arising from the State Science and Technology Development Plan.
(3) An important task of the archives under this law of the Constitution and of the organisations (authorities) managing these archives, which are designated by the Ministry of Interior and the Ministry of Construction and Technology of the Slovak Socialist Republic under the Constitution, is scientific research in the field of archiving and related scientific fields.
(4) The archives cooperate with each other and develop contacts with scientific and other professional institutions in order to exchange experience on expert archival issues and to develop scientific research on the archiving sector; In order to use archival documents for political, cultural and educational activities, they shall develop contacts with political and other, particularly cultural and cultural awareness organisations and institutions.
(5) The archives establish libraries to an extent appropriate to their tasks (paragraph 1).
Archive care
(1) National authorities and socialist organisations which manage archives are required to place archives in appropriate buildings (premises), which also guarantee the effective and safe storage of archive documents, and to maintain such buildings (premises) and their facilities properly.
(2) The appropriate location of the archive and its personnel and material equipment shall be the responsibility of the head of the State body or socialist organisation which manages the archive.
State archives
State Central Archive of the Slovak Socialist Republic
(1) The State Central Archive of the Slovak Socialist Republic is managed and administered by the Ministry of Interior.
(2) The State Central Archive of the Slovak Socialist Republic shall collect, professionally and scientifically process and make available archive documents originating from the activities of the Central Authorities of the Slovak Socialist Republic and those managed by them, designated by the Ministry of the Interior, the Central Authorities of the Higher Cooperative Organisations, designated by the Ministry of Interior, the institutions and organisations managed by the Federal Central Authorities which are established in the territory of the Slovak Socialist Republic and their predecessors, and other archiving documents of Slovak importance; supervise the elimination of documents resulting from the activities of those authorities and organisations.
(3) In the National Central Archive of the Slovak Socialist Republic, the main scientific research centre is in the field of archiving.
State Central Mining Archive
(1) The State Central Mining Archive is managed and administered by the Ministry of Interior.
(2) The State Central Mining Archive collects, professionally and scientifically processes and makes available archive documents from the activities of the mining, metallurgical, geological research and other related industries in the Slovak Socialist Republic and its predecessors; supervise the elimination of documents resulting from the activities of those authorities and organisations.
State Regional Archives
(1) The State Regional Archives establish, abolish, manage and manage the Ministry of the Interior; their territorial districts are regulated by a generally binding legislation.
(2) State regional archives collect, professionally and scientifically process and make available archive documents from the activities of regional national committees and other regional and regional authorities, organisations and facilities and their predecessors; oversee the decommissioning of documents resulting from the activities of these bodies, organisations and establishments, as well as of the organisations referred to in Paragraph 25 (1), as well as of organisations managed by the Regional National Committees, where such organisations have set up business archives.
(3) For reasons of efficiency, the Ministry of the Interior may entrust the State Regional Archive to perform certain tasks outside its territorial area.
(4) For reasons of effectiveness, the Ministry of the Interior may, after consulting the competent central authority of the State administration, entrust the care of archival documents arising from the activities of certain central management organisations and the supervision of the decommissioning of documents in those organisations to a national regional archive.
Archive of the Slovak Socialist Republic of Bratislava
(1) The archive of the Slovak Socialist Republic of Bratislava establishes, repeals and manages the National Committee of the Slovak Socialist Republic of Bratislava.
(2) The archives of the capital of the Slovak Socialist Republic of Bratislava serve as the State Regional Archive in the territory of the Slovak Socialist Republic of Bratislava; also serves as State Regional Archives for District (local) national committees operating in the territory of the Slovak Socialist Republic of Bratislava.
(3) The archive of the capital of the Slovak Socialist Republic of Bratislava collects, professionally and scientifically processes and makes available archival documents originating from the activities of the National Committee of the Slovak Socialist Republic of Bratislava, the district (local) national committees and their managed organisations and facilities, other state and other authorities and organisations and their predecessors, the jurisdiction of which applies or which only applies to the territory of the city and its parts; oversees the elimination of documents resulting from the activities of these bodies, organisations and establishments, while exercising the powers referred to in Paragraph 20 (2) in the second part of the sentence only against organisations managed by the National Committee of the Slovak Socialist Republic of Bratislava.
State district archives
(1) The State Regional Archives are established, repealed and managed by the District National Committees.
(2) The State Regional Archives shall collect, process and make available archive documents from the activities of national committees and bodies managed by them, and other State and other bodies and organisations and their predecessors, the scope of which is or has been limited to the territory of the District; supervise the elimination of documents resulting from the activities of such national committees, bodies, organisations and establishments. The state district archives provide archival services for all municipal (local) national committees in the district.
Archive of the city of Košice
(1) Košice City Archives establish, abolish and manage the City National Committee in Košice.
(2) Košice City Archive fulfils the functions of the state district archive in the territory of Košice. The archives of the city of Košice shall collect, process and make available archive documents originating from the activities of the Municipal National Committee in Košice, the district (local) national committees operating in its territory and their managed organisations and facilities, other state and other authorities and organisations and their predecessors, the scope of which shall be or shall only apply to the territory of the city and its parts; oversee the decommissioning of documents resulting from the activities of those authorities, organisations and facilities.
Establishment, cancellation and professional guidance of certain state archives
The National Committee of the Slovak Socialist Republic of Bratislava, the Municipal National Committee in Košice and the Regional National Committees are governed by generally binding laws and other regulations of the Ministry of Interior in matters of the establishment and abolition of archives and their professional management.
Business archives
(1) Central management of state economic organisations, central management of budgetary and contribution organisations, in so far as they carry out economic activities, as well as money and insurance organisations, production cooperatives, consumer cooperatives, building housing cooperatives and cooperative undertakings set up by higher cooperative organisations, establish, abolish and manage business archives. Organisations which, with the approval of the Ministry of Interior for reasons of efficiency, hand over archive documents to state archives shall not set up company archives. Business archives shall take care of archival documents derived from the activities of the organisations which have set them up and, where appropriate, from the activities of their predecessors. The costs of setting up and managing the company archive shall be borne by the organisations from their own resources.
(2) National Committees may, with the agreement of the Ministry of the Interior, establish business archives in the organisations they manage.
(3) The Ministry of the Interior may decide, for reasons of efficiency, that the designated organisation (paragraphs 1 and 2) should, within a certain period, hand over archival documents originating from its activities to the State Archives, which the Ministry of the Interior will also designate.
(4) Compliance with the rules on the establishment, cancellation and management of company archives (paragraphs 1 and 2) shall be supervised by the authorities in charge of the organisations.
(5) In professional archival activities, company archives are governed by the regulations of the Ministry of Interior.
Archives of organisations of particular importance
(1) The central public authorities, or, where appropriate, national or other organisations, may, where appropriate, in the light of their mission, their specific status and their special importance, or taking into account the specific nature of their archival documents, establish, revoke and manage archives of organisations of particular importance (hereinafter referred to as the "Special Archives"). The consent of the Ministry of the Interior to establish such archives shall not be required if it concerns archives established before the application of this Act.
(2) The special archives shall take care of archival documents derived from the activities of the authorities and organisations managing them and from the activities of their predecessors; provide also for archival documents which, for reasons of the effective location of the relevant section of the Single Archive Fund, have taken over their administration with the agreement of the Ministry of Interior.
(3) In professional archival activities special archives are governed by the regulations of the Ministry of Interior.
SPECIFIC PROVISIONS ON CERTAIN ARCHIEVES AND ARCHIVE DOCUMENTS
Archives and archives of the Armed Forces and Armed Security Corps
The organisation and management of the archives of the armed forces and armed security forces, the use of documents stored in them and the supervision of the decommissioning of documents resulting from their activities shall fall within the competence of the competent ministries or their designated authorities.
Archives and archiving documents of political parties, bodies of the National Front and bodies of the Revolutionary Trade Union Movement
(1) Political parties, national front authorities and authorities of the Revolutionary Trade Union Movement may, without the permission of the Ministry of the Interior, establish, revoke and manage their own archives for the storage of archive documents originating from their activities and from the activities of their predecessors.
(2) The arrangements for keeping records of archive documents stored in archives established by the authorities and organisations referred to in paragraph 1 shall be governed by agreements between the Ministry of the Interior and those bodies and organisations. In relation to abroad, the provisions of Section 8 of this Act apply to these archive documents.
(3) For the sake of uniform archival care, the archives referred to in paragraph 1 shall also use the Ministry of Interior rules in their professional archiving activities in archiving matters and may also require professional assistance from it.
(4) The archives referred to in paragraph 1 may submit proposals to the Ministry of the Interior to assess whether the archival documents stored therein constitute cultural monuments.
(5) Where the authorities and organisations referred to in paragraph 1 have not set up their own archives, they shall store archival documents originating from their activities and from the activities of their predecessors in archives determined by the Ministry of Interior.
(6) Otherwise, the provisions of this law shall not apply to the authorities and organisations referred to in paragraph 1 and to their archives.
Archive documents in cultural and cultural education organisations and establishments
The provisions of this law also apply to archival documents stored in the organisations and facilities of the Ministry of Culture of the Slovak Socialist Republic (central-controlled museums and central libraries). The consent to use archival documents (Sections 11 and 12) deposited in these organisations and establishments is granted by their heads.
COMMON AND FINAL PROVISIONS
Non-compliance measures
(1) If the Ministry of the Interior or its authorised archives detect deficiencies in the performance of professional supervision in the organisation's activities, they may request their removal; where the shortcomings of the organisation's staff have been caused, they may give the management of the organisation an incentive to introduce disciplinary action against the worker in accordance with the provisions of the Labour Code; If the head of the organisation or, where appropriate, its representative is responsible, they may give the authority such an incentive to the head of organisation directly superior.
(2) An organisation which, despite the notification of the Ministry of the Interior or of the archive by the Ministry of the Interior or by it, infringes the obligation imposed by this Act or by implementing generally binding legislation governing the details of the establishment, cancellation or administration of the archive, the District National Committee may, on a proposal from the Ministry of the Interior or the archive it has entrusted, impose a fine up to 50 000 Kčs, in particular in cases where damage has been caused or threatens to arise; a fine of up to 100 000 CZK may be imposed on the organisation in breach of this obligation.
(3) The fines imposed pursuant to paragraph 2 shall constitute the revenue of the State budget of the Slovak Socialist Republic.
(4) Legislation on the handling and punishment of infringements is without prejudice.
Current archives and archive documents
(1) Archives established before the entry into force of this Act, which correspond to the archives referred to in Sections 18 to 23, 25 and 26, shall be considered as archives under this Act.
(2) Archiving documents which have been deposited before the entry into force of this Act in the archives referred to in paragraph 1 and in the archives referred to in paragraphs 27 and 28 and, where appropriate, in the organisations and facilities referred to in paragraph 29, shall be regarded as archiving documents under this Act.
Management
The rules on administrative proceedings do not apply to proceedings under this Act, except under the provisions of Sections 8 (2), 9 (2) and 30 (2).
Empowerment
(1) In order to implement this law, the Ministry of the Interior shall issue provisions governing:
(a) the basic criteria for evaluation of documents, details of the progress of state authorities and socialist organisations in the elimination of documents and relations between archives and the Ministry of the Interior with those authorities and organisations in the elimination of documents;
(b) details of the procedure for assessing whether archival documents are cultural monuments and the method of ensuring increased protection of archive documents such as cultural monuments and national cultural monuments;
(c) the method of keeping records of archive documents and the composition of the Single Archive Fund;
(d) method of protection and categorisation of archive documents;
(e) the conditions and manner of use of archival documents (archival rules),
(f) storage of archive documents in the archives of each species;
(g) details of the establishment, cancellation, organisation and operation of State archives, business archives and special archives;
(h) details of the procedure for the acquisition of archive documents by the State.
(2) The provisions referred to in the preceding paragraph (b) are issued by the Ministry of Interior in agreement with the Ministry of Culture of the Slovak Socialist Republic.
Relationship to the rules on cultural monuments
The rules on cultural monuments do not apply to archive documents.
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Regulation Information
| Citation | Act of the Slovak National Council No. 149 / 1975 Coll., on archiving |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.12.1975 |
|---|---|
| Effective from | 01.01.1976 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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