Act No. 22 / 1958 Coll.
Act on Cultural Monuments
Valid
Effective from 03.05.1958
22
Law
of 17 April 1958
on cultural monuments.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Preliminary provisions
(1) The purpose of this Act is to regulate the protection of cultural monuments ("monuments"), their use and care for their cultural political importance, so that the monuments are preserved, properly managed, effectively used and made available to the people and thus become an important part of the cultural and economic life of socialist society.
(2) The monuments are protected by the State. National committees perform their tasks on the State Heritage section not only by the activities of their executive bodies, but also by involving a broad asset of citizens who can successfully operate on this section in permanent and other commissions set up for this purpose.
(3) It is everyone's civic duty to help protect the monuments.
Protection and care of monuments
Object of protection of monuments
The concept of a monument
(1) The monument is a cultural property which is a testament to the historical development of society, its art, technology, science and other fields of human work and life, or a preserved historical environment of residential units and architectural files, or a thing that has a bearing on prominent persons and events of history and culture.
(2) A collection of cultural goods and things is also considered a monument, although some of them are not monuments.
(3) In doubt, the matter is considered to be a keepsake until the decision of the Executive Authority of the Regional National Committee, which will require the opinion of the State Institute for Memorial Care and Nature Protection (§ 19) before the decision is taken.
National cultural monuments
The government, on the proposal of the Minister for Education and Culture, declares national cultural monuments, which form the most important part of the nation's cultural wealth. National cultural monuments enjoy increased protection under other provisions of this law.
Memorial Reservations
(1) In agreement with the Minister of Education and Culture, the Minister of State for Construction, the Minister-President of the State Planning Office, the Minister for Finance and the other leaders of the participating central offices, the Minister for Education and Culture may declare this as a memorial reservation and lay down the conditions governing the construction activity.
(2) The scope of the heritage reservation in the capital of Prague and the conditions governing the construction activity are laid down by the Government on a joint proposal from the Minister for Education and Culture and the Administration of the State Committee on Construction.
Protection zones
(1) In agreement with the authorities concerned and the authorities concerned, the management authority of the Regional National Committee shall determine the protection zone and lay down the conditions to be observed when the territorial plans and other projects are taken up, where this is required. in so doing, it may restrict or prohibit an activity in the protection zone, or order the removal or modification of a construction or other establishment, modification of the space or, where appropriate, modification of the land, or take other appropriate measures.
(2) The owner (user) of the parcel on which the protection zone was established is obliged to comply with the restrictions laid down in the protection conditions. If the owner (s) of the land, which is not in the state's socialist ownership, is thereby established, the property damage is not negligible, it shall be compensated. If no agreement is reached, the Executive Authority of the District National Committee shall decide on the refund and its amount.
Protection of monuments in construction management
(1) When planning land, it is necessary to ensure that the monuments and their environment are preserved. The zoning rules apply in detail.
(2) The approval of projects affecting the monument or its environment is governed by the rules on documentation of buildings and building modifications.
Monuments
(1) Monuments are entered in the State list of monuments for registration reasons. Monuments in these lists are also protected.
(2) The Executive Authority of the Regional National Committee shall keep a state list of real estate monuments and a state list of movable monuments. The state list of real estate monuments includes all real estate monuments in the region. The national list of movable monuments shall include significant monuments in the territory of the region, unless they are personal property or stored in museums, galleries or other similar institutions.
(3) National cultural monuments are included in the relevant list on the basis of the government's decision that the monument is a national cultural monument (§ 3). In other cases, the management authority of the Regional National Committee shall decide on the registration.
(4) The Ministry of Education and Culture may, in agreement with the participating central authorities and authorities, provide for a decree in the Official Gazette, which monuments the owner (s) of the monument is obliged to report and how.
(5) The provisions on the registration of national assets remain unaffected.
The scope and manner of care of monuments
Maintaining monuments
(1) The owner of the monument is obliged to take care of its own costs and maintain it in good condition according to the principles of historical care and the instructions of the Executive Authority of the Regional National Committee; for national cultural monuments, the Executive Authority of the Regional National Committee shall request a preliminary assessment from the State Institute for Monument Care and Nature Protection. A major threat and damage to the monument shall be notified immediately to the management authority of the Regional National Committee.
(2) If the monument owner intends to modify or renew the monument, he shall seek the necessary instructions from the Executive Authority of the Regional National Committee; in the case of national cultural monuments, the first sentence of paragraph 1 shall be treated mutatis mutandis. This provision does not apply to movable monuments which are deposited with organisations or facilities whose task is to take care of such monuments.
(3) The same duties as the owner of the monument are on everyone who has the memory; However, the obligation to bear the costs associated with the maintenance of the monument is only, if it results from the legal relationship between the owner and the owner, that of the national property is subject to the obligations imposed on the owner of the budget, economic or other organisation which manages the monument or which has been surrendered to permanent use (Section 103 (2) of the Act.).
(4) Where the owner or the monument administrator fails to fulfil the obligations referred to in paragraphs 1 to 3, the management authority of the Regional National Committee may decide to implement the measures necessary to preserve the monument on the expense of the monument owner.
(5) Exemptions from the provisions of paragraph 4, in particular in cases where the owner of the monument cannot fulfil the obligations imposed for economic reasons, shall be laid down in a directive issued by the Ministry of Education and Culture in agreement with the Ministry of Finance and other participating central authorities.
Monument care
(1) If the budgetary, economic or other organisation fails to take the necessary care of the monument which is a national property, the superior body is obliged, on a proposal from the Ministry of Education and Culture, to take the necessary measures to remedy it.
(2) If the preservation or appreciation of a monument which is not national property is at risk, the management authority of the Regional National Committee may, if it fails to reach agreement with the owner of the monument, take the measures necessary to protect the monument, or withdraw the right to dispose of the monument, or transfer it, in the absence of personal property, for compensation to the State; may also decide not to grant a refund. Otherwise, the rules on the construction of municipalities apply mutatis mutandis to expropriation.
Use and management of monuments
(1) The monument may only be used in a manner consistent with the principles of historical care and consistent with the nature and technical state of the monument. The Executive Authority of the Regional National Committee may provide that monuments may not be used in a certain way; for national cultural monuments, it will require a preliminary assessment from the State Heritage and Nature Protection Institute.
(2) The authorities which decide on the allocation of rooms or buildings which are monuments are obliged to proceed in agreement with the Executive Authority of the Regional National Committee and, if national cultural monuments are concerned, with the approval of the Ministry of Education and Culture.
(3) If a monument which is a national property requires it to be managed by an executive body of the Regional National Committee or a professional establishment due to its cultural importance, an organisation which has a bearing on the administration of the Ministry of Education and Culture is required to transfer it to the administration of the Regional National Committee, or to other organisations or facilities whose task is to take care of such monuments (museums, galleries, libraries, archives, etc.).
(4) The provisions on the management of national assets remain unaffected.
Access of monuments
The owner of the monument shall be obliged to allow persons authorised by the monument authorities to explore the monument for the purpose of exercising its protection or for scientific purposes, in particular documentation; In addition, the owner of the movable monument shall, if there is an important general interest, leave it for a reasonable period of time for free use for scientific research or exhibition purposes. The management authority of the Regional National Committee shall decide on the duties and time of such delegation. The same duty as the owner is to anyone who has a memory with him.
Removal of monuments
(1) Monuments in places which are publicly accessible may not be moved without the approval of the Executive Authority of the Regional National Committee.
(2) Paragraph 1 does not apply to monuments stored in museums and galleries.
Abandoning the protection of monuments
In order to abandon further protection of the monument for extremely serious reasons, the Ministry of Education and Culture may give its approval after the expression of the State Institute of Monumental Care and Nature Protection, for national cultural monuments the government.
Exports of monuments
(1) Monuments may be exported abroad only with the permission of the Ministry of Education and Culture after examination that their preservation within the country is not necessary according to their cultural political importance.
(2) National cultural monuments may be exported abroad only with the permission of the Government. The election may be given in very exceptional cases, if it is for an important interest of the State.
(3) The Ministry of Education and Culture shall, in agreement with the Ministry of Foreign Trade and other participating central offices, provide details of the export of monuments abroad; may also delegate the powers referred to in paragraph 1 to the management authority of the Regional National Committee. General export authorisation rules remain unaffected.
Specific provisions on the research and excavation of archaeological monuments
Implementation of research and excavation
(1) Only the Archaeological Institute of the Czechoslovak Academy of Sciences (hereinafter referred to as the Archaeological Institute), and in agreement with it, are authorised to carry out archaeological research, with permanent scientific experts. Exceptions are permitted by the Ministry of Education and Culture in agreement with the Archaeological Institute.
(2) Research and excavation shall be carried out in agreement with the owner (user) of the property on which work is to be carried out. If no agreement is reached, the management authority of the Regional National Committee shall decide whether the owner (user) of the property is obliged to accept the execution of the research and excavation and shall also determine the conditions under which the work will be carried out.
Random findings
(1) Random findings of archaeological monuments must be reported directly or through the executive body of the local National Committee of the Archaeological Institute and the Regional Museum. The report shall be made by the finder, the head of the work in which the monuments were found, and the owner of the property or the budget, economic or other organisation which manages the property, no later than the second day after they have been informed of the finding. The report of one person shall exempt others from the obligation to report.
(2) The finding and the site must be left unchanged pending examination by a representative of the Archaeological Institute or the Regional Museum, within three days of the date of the notification. If there is a danger of delay, this representative may arrange at the site whatever is necessary to protect the findings immediately.
Property ratios
(1) All movable archaeological monuments to be obtained by excavations or random findings are national property and are stored in museums.
(2) The discovery of an archaeological monument of precious metal or other valuable raw materials will be awarded by the management body of the District National Committee a reward up to the level of the normal price of the material from which the monument was found. In other cases, the management authority of the District National Committee shall grant a finder a fee equal to 10% of the museum price of the finding; the finder's fee may reasonably be reduced if the full finder's fee is a disproportionate profit.
(3) The damage caused by the research, excavation or measures needed to protect the finding shall be the responsibility of the injured party, either from the means of the Archaeological Institute or from the means of the research organisation. If no refund agreement is reached, the management authority of the District National Committee shall decide on it and its amount.
Memorial authorities
Central Monuments Authorities
Central authorities of state conservation
(1) The Ministry of Education and Culture controls the state historical care and controls the activities of its bodies.
(2) The advisory body of the Minister for Education and Culture in State Monument Care is the Central Commission for State Monument Care; its members are appointed by the Minister of Education and Culture after the Czechoslovak Academy of Sciences has expressed its views. The Organisational and Rules of Procedure of the Central Commission of State Heritage Care shall be issued by the Minister for Education and Culture.
(3) The function of the President and other members of the Central Commission for National Monument Care is honorable.
State Institute of Heritage Care and Nature Protection
(1) The Ministry of Education and Culture establishes a State Institute for Monument Care and Nature Protection (hereinafter referred to as the Institute).
(2) On the section of state conservation, the Institute organises and carries out research, research, documentation, scientific evaluation and popularisation of monuments, solves issues of conservation theory and practice, conservation, restoration and cultural use of monuments, provides professional and methodological assistance in carrying out conservation, especially for national cultural monuments, as well as in carrying out extremely important tasks of conservation, restoration and cultural use of monuments.
(3) In the State Nature Protection Sector, the Institute assesses and, where appropriate, draws up technical documentation for the negotiation and decision-making of the State Nature Protection Bodies, provides them with technical and methodological assistance, organises and conducts research, research, research, research and documentation on the protected parts of nature, biology of protected species of organisms and research and scientific documentation on the territory of large buildings and industrial areas.
(4) The tasks of the Institute shall be determined in more detail and its organisation shall be determined by the Minister for Education and Culture, in agreement with the Minister for Finance and the Minister for the State Office of Planning, as regards the section of State Nature Protection, under Act No. 40 / 1956 Coll., on State Nature Protection.
Regional Monument Authorities
(1) State conservation in the region is carried out by the management body of the Regional National Committee.
(2) At the Council of the Regional National Committee, a Regional Commission of State Monument Care shall be established. The Chairman of the Commission and other members shall be appointed by the Council of the Regional National Committee from among the scientific and professional staff working in the fields related to the care of monuments (historians of art, architects, etc.), from the native workers as well as from other persons interested in the protection of monuments operating in the region. The function of the President and the other members of the Commission shall be fair.
(3) The task of the Commission is, in particular, to develop a versatile initiative to record monuments in the region, their protection, proper maintenance, conservation, restoration, permanent security and their cultural use, to popularize and promote monuments between citizens and to educate citizens, especially young people, to a proper relationship with monuments. To this end, the Regional Monuments Committee shall submit to the Executive Body of the Regional National Committee, or to other authorities in the region, proposals for the preservation and restoration of monuments and for the development of their cultural function, or proposals for other measures beneficial to historical care in the region.
Regional historical authorities
(1) The management authority of the District National Committee shall take care of the protection of monuments in the district according to the guidelines of the authorities. His professional body is the district conservator of state conservation, who is a volunteer; It shall be appointed by the Council of the District National Committee.
(2) On a proposal from the District Conservator of State Monument Care, the Council of the District National Committee may entrust voluntary staff to smaller districts as rapporteur of State Monument Care; the rapporteur is a co-worker of the District Conservator.
(3) At the Council of the District National Committee, a District Commission of State Monument Care shall be established. The chairman of the commission is the county conservator of state conservation. The other members shall be appointed by the Council of the District National Committee. The Commission shall be composed of voluntary workers related to the care of monuments. The Commission shall monitor and take care of the sites of the district and propose to the management authority of the District National Committee the measures necessary to ensure their protection.
Local Monument Authorities
(1) The management authority of the local national committee shall take care of the protection of monuments in the territory of the municipality, in accordance with the guidelines of the authorities.
(2) In municipalities with a large number of monuments, the council of the local national committee may set up a local committee of state conservation. Its chairman and other members shall be appointed by the Board of the Local National Committee. The Commission shall be composed of voluntary workers related to the care of monuments. The Commission shall monitor and take care of the sites of the municipality and propose to the management authority of the local national committee the measures necessary to ensure their protection.
Synergies of other government bodies
The other public authorities are obliged to assist the monument authorities in carrying out their tasks within their limits.
Special rights of monument bodies and conservators of state conservation care
(1) Any procedure in which the interests of State conservation care, in particular in the matters of the zoning plan, the construction of municipalities, construction, communication, telecommunications, electricity, water or mining, could be affected, must be brought to the attention of the Executive Authority of the Regional National Committee.
(2) In the event of immediate threat to the monument, the county conservator of state conservation can take measures to ensure protection. Such measures shall be decided by the management authority of the Regional National Committee within eight days; otherwise they cease to be valid.
(3) Persons who have been entrusted with the exercise of their powers under this Act are entitled, if they are demonstrated by the confirmation of the relevant monument authority and, where appropriate, by permission under specific regulations, to enter and carry out foreign property and objects and facilities for the protection of monuments under this Act or for the purposes of the scientific necessary professional work, in particular documentation, conservation or restaurant work and supervision. These authorities are also entitled to carry out a professional inspection of companies engaged in the sale and purchase of monuments, while they must be given access to all work rooms and warehouses and given access to company records and documents.
Conservation and restoration of monuments
(1) The preservation and restoration of monuments of the art of painting and sculpting and artistic crafts can only be carried out by professionally qualified restorer and, as regards the monuments of artistic crafts, also professional enterprises, cooperatives, etc., registered on the basis of the expression of the Association of Czechoslovak Artists and Institute in a list established and maintained by the Ministry of Education and Culture; the entries in the list shall be published in the Official Journal.
(2) In an agreement with the Ministry of Finance, the Ministry of Education and Culture may establish studios, workshops or businesses which may be legal persons for the preservation and restoration of monuments. Their legal nature, organisation and method of management shall be determined by the Statute issued by the Ministry of Education and Culture in agreement with the Ministry of Finance and the State Planning Office. Such studios, workshops or businesses may also be set up by the executive bodies of the Regional National Committees, in accordance with directives issued by the Ministry of Education and Culture in agreement with the Ministry of Finance and the State Planning Office.
Final provisions
The Ministry of Education and Culture shall, in agreement with the participating central authorities, issue more detailed regulations for the implementation of this Act, in particular setting out details of national cultural monuments, conservation zones, protection zones and the way in which State lists of monuments are maintained, and shall specify the activities of regional, regional and local conservation committees and the rights and obligations of voluntary civil protection workers.
(1) All provisions on matters governed by this law and any provisions contrary to the provisions of this law shall be repealed. In particular, the following shall be deleted:
1. the measure of the Standing Committee No 255 / 1938 Coll., on the protection of objects of artistic or historical value,
2nd Government Order No. 274 / 1941 Coll., on Archaeological Monuments,
3. Act No. 137 / 1946 Coll., on National Cultural Commissions for the Management of State Cultural Property,
4. Government Decree No. 112 / 1951 Coll., on the Reorganisation of State Monument Care,
5. Paragraph 15 of Act No. 40 / 1956 Coll., in which the words "determine the tasks and organisation of the Institute of State Protection of Nature" are deleted in § 19 of the same Act.
(2) The provisions shall remain without prejudice to:
1. Government Decree No. 29 / 1954 Coll., on archiving,
2nd Government Decree No. 55 / 1954 Coll., on the Protected Areas of Prague Castle.
This law applies only in Czech regions and takes effect from the date of publication; It shall be implemented by the Minister for Education and Culture and by the Minister-President of the State Building Committee in agreement with the participating members of the Government.
Novotný v. r.
Fierlinger v. r.
Broad v. r.
Dr Kahuda v. r.
Dr. Nove v. r.
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Regulation Information
| Citation | Act No. 22 / 1958 Coll., on Cultural Monuments |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.05.1958 |
|---|---|
| Effective from | 03.05.1958 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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