Decree of the Ministry of Culture of the Slovak Socialist Republic No. 60 / 1978 Coll.
Decree of the Ministry of Culture of the Slovak Socialist Republic implementing certain provisions of the theatre law
Valid
Effective from 01.07.1978
60
DECLARATION
Ministry of Culture of the Slovak Socialist Republic
of 29 May 1978
implementing certain provisions of the theatre law
The Ministry of Culture of the Slovak Socialist Republic, in agreement with the Ministry of Education of the Slovak Socialist Republic and the Ministry of Labour and Social Affairs of the Slovak Socialist Republic, provides in accordance with Section 38 of the Slovak National Council Act No. 36 / 1978 Coll., on theatrical activities (hereinafter referred to as "the Act"):
DIVADELS
(to Article 3 (1) of the Law)
Circuit of theatre artists
(1) The actors, singers, dancers, puppeteers, mimes, musicians, conductors, choreographers, ballet masters, correspondents, dramateurs, directors and stage artists are the persons performing artistic activities in public stage performances.
(2) The persons referred to in paragraph 1 are theatrical artists, if they fulfil the conditions of § 3 (1) of the Act.
Professional competence
(1) The professional competence of a theatre artist is to meet the requirements of professional education, professional practice, artistic talent and, where appropriate, other competences or qualities.
(2) The specific requirements of professional competence for the performance of theatrical activities in a particular classification in relation to the theatre or agency are laid down in the relevant wage rules. The requirements set out therein shall also apply mutatis mutandis to persons performing theatrical activities for remuneration under contract under copyright law. 1)
Certification of competence
(1) Vocational training obtained at a university is certified by a diploma, a certificate of successful completion of the graduate examination at the Conservatory and other secondary school and a certificate of successful completion at the military school. Vocational training obtained abroad is recognised to the extent provided for by specific legislation.2)
(2) The professional practice is certified by evidence of the pursuit of theatrical activities or related artistic activities in or outside the employment relationship.
(3) Artistic talent and other required skills or qualities are proven in public bankruptcy (§ 4 et seq.).
ACCEPTANCE OF DIVIDELS TO WORKING DEVICES
(Article 3 (2) of the Law)
Admission of theatre artists to the theatre
Public auditions for the cast of theatre artists in the theatre are published by the theatre director (hereinafter referred to as "the director").
Public auditions shall be conducted by an bankruptcy committee (hereinafter referred to as the "commission"), composed of the director or the appointed head of the theatre as chairman of the commission and at least two members of the relevant art ensemble, appointed by the director for its members in agreement with the competition committee of the trade union at the theatre. The Director may also appoint to the Commission managers and members of other artistic ensembles of the theatre, members of his advisory bodies or other experts.
(1) The Commission will assess the competence of individual tenderers and the level of their artistic performance before the Commission.
(2) After assessing the outcome of the public bankruptcy, the commission shall determine by a vote (by a majority of votes) which candidates and in what order satisfy the conditions for admission to employment; the opinion of the President of the Commission shall be decisive in the event of a tie.
(1) The conclusions of the Commission are a recommendation to the Director.
(2) The Commission may recommend to the Director, exceptionally, that he accept a candidate who does not meet the requirement of professional training or professional practice but who, in a public bankruptcy, demonstrates exceptional artistic talent.
The Director may refrain from taking office on the basis of a public bankruptcy if the theatre artist, whose professional competence is known to the theatre management, is applying for it.
Admission of theatre artists to the Agency
Paragraph 4 to 8 shall apply mutatis mutandis to the admission of theatre artists to work with the Agency.
AGENCY ACTIVITIES
(Articles 3, 17 and 30 of the Act)
Agency
Agency activities shall include agency and mediation; It is performed by the Slovak Concert, the Czechoslovak Art Agency in Bratislava (hereinafter referred to as the Agency). The Agency is managed by the Ministry of Culture of the Slovak Socialist Republic ("the Ministry ').
Agent
(1) The agency in the field of theatre activities is the promotion of Slovak theatre in the Czechoslovak Socialist Republic and abroad and the dedicated accessibility of theatrical art to a wide range of people by the social application of theatrical works outside the operation of theatres.
(2) The Agency shall carry out its mission on the agency section in particular by:
a) promote and popularize the activities of theatres and theatrical artists;
(b) records theatrical artists; in order to ensure his tasks in the field of theatre activities, he / she accepts or concludes contracts with theatrical artists under copyright, 1)
c) Creates dramaturgically integrated programmes from theatrical works, or provides productions of these works and offers them to organizers of artistic and cultural awareness events;
d) focuses on the requirements of organizers of artistic and cultural events for public stage performances of theatrical works outside the operation of theatres and ensures their satisfaction;
(e) hold a performance,
(f) in accordance with the relevant international treaties, the exchange of artistic values in the field of professional theatre in contact with abroad.
(3) The Agency's activities under paragraph 2 (c) are governed by a dramaturgical plan approved by the Ministry.
Intermediate
(1) Interpreting in the field of theatre activities is the negotiation of conditions for the performance of theatre or theatre artist (hereinafter referred to as "performers") in a performance between the agency and the organizer on the basis of a contract concluded between the agency and the performer.
(2) Legal relations between the organiser and the Agency, as well as between the agency and the theatre resulting from the conclusion of the contract referred to in paragraph 1, shall be governed by the relevant economic legislation (3).
(3) If the relationship between the Agency and a theatre artist is not in the nature of an employment relationship, their contract concluded in accordance with paragraph 1 shall be governed by the relevant copyright legislation (1).
The contract concluded in the framework of the mediation shall contain details of the place and time of the performance, the theatre work to be performed on it, the participation of the performer in its presentation, the duties of the organiser in relation to the performer and the amount of compensation (fee). The contract shall also include provisions on the consequences of non-compliance and disposition in the event of non-performance.
(1) The Agency shall refuse mediation if it cannot assume responsibility for the ideal or artistic level of performance.
(2) The Agency shall immediately inform the authority responsible for deciding on the authorisation of the performance concerned of the refusal of mediation.
OCHOTIC FILES
(Articles 10 to 14 of the Act)
Notification of establishment, takeover and cancellation of the amateur file
(1) In the written notification of the establishment of the amateur file (hereinafter referred to as "the file"), the precise description of the socialist organisation which set up the file (hereinafter referred to as "the founder"), the date of establishment of the file, the name, the artistic orientation and the place (s) of operation of the file, as well as the name and training of its manager (where appropriate, artistic managers); the notification of the receipt of the rights and obligations relating to the file of which the founder has ceased to exist shall also indicate the precise designation of the previous founder.
(2) The file shall be cancelled by the founder of the district national committee in writing. The notification shall state the name of the file, the reason and the date of its cancellation.
(3) In the case of a set established, taken over or cancelled by a trade union, the notification requirement laid down in Articles 10 (2) and 14 of the Law is fulfilled by the district trade union council responsible for the permanent establishment of the group.
File Registration
(1) The authorisation of the ensemble to perform theatrical works in a public scenic manner arises from its registration; It shall be carried out by the district national committee responsible for the expected permanent establishment of the file on the basis of the notification of the establishment of the file. The district national committee shall inform its founder or the district trade union board of the registration of the file within 30 days of receipt of the notification.
(2) The District National Committee will not register the file unless it is established by a socialist organisation.
(3) The provisions of the Act and of this decree on the authorisation of performances are not the registration of the ensemble
Obligations of the founder
It is the duty of the founder to ensure on a permanent basis a set of conditions for its operation in accordance with the mission of theatre activity under the law. The Director shall in particular:
(a) to create adequate organisational, material and technical assumptions for the operation of the file;
(b) issue the organisational rules of the file;
(c) appoint and withdraw the filename manager responsible for the design and artistic level of the file, or, where appropriate, appoint or approve other management members, depending on the nature and composition of the file, on the basis of the filename manager's proposal;
(d) to take care, in cooperation with the relevant cultural education institutions and cultural institutions, in particular theatres, of the continuous idea and artistic growth of the ensemble and of the artistic focus and selection of theatrical works corresponding to the objectives set out in the establishment of the ensemble;
(e) discuss and approve the work plans and budgets of the file;
(f) assist in the social application of the file;
(g) check and regularly evaluate the activity of the file.
File activity
(1) Membership in the set is voluntary, free of charge and does not give rise to entitlement to remuneration; the activity in the file, with the exceptions referred to in paragraph 2, shall not be considered as a work activity.
(2) The function of the director of the ensemble or, where appropriate, of other artistic leaders may be performed in employment or on the basis of agreements on work outside the working place.4) Similarly, the founder may entrust tasks related to the care of the ideal and artistic growth of the ensemble to theatrical artists and other experts.
(3) The performance of the theatre artist in the performance of the ensemble must be facilitated by the Agency, if it is carried out as remuneration.
Professional care of files
(1) Regional National Committees usually ensure file records, supervision of their activities and their cultural political and social use through district awareness centres.
(2) Methodology, educational and consulting services for the ensembles as part of the professional care of artistic interests, are carried out in particular by the Bratislava Institute of Education and Regional and Regional Information Centres.
AUTHORISATION AND ORDER OF THE PRESENTATION
(Articles 15 to 23 of the Act)
Application for authorisation
(1) An application for the authorisation of a performance, the organizer of which is not a theatre or which does not take place in the framework of an approved cultural event, shall be submitted by the organiser on a prescribed form, which shall also serve as an application for the permission of a protective organisation of the author to use the theatre work.
(2) Applications shall be submitted separately for each performance.
(1) The application for approval of a performance shall indicate the exact description of the organiser and performers, the time and place of the performance, the author and the name of the theatre work to be presented at the performance, as well as the amount of the admission fee. The local (urban) national committee responsible for deciding on the authorisation of a performance may also request additional information relating to the performance.
(2) The application for permission to perform outside the operation of theatres shall be accompanied by the text of the theatre work to be shown at the performance; the exemption shall consist of a performance organised or facilitated by the Agency. The local (urban) national committee may refrain from requesting the text if it is a theatre work generally known.
(3) If theatrical artists are to act as a reward in the performance referred to in paragraph 2, the organiser shall submit to the local (city) national committee proof that he has contracted their performance with the Agency.
Events organised by theatre
(1) In the notification of the organisation of performances in the field of its activity (§ 21 (2) of the Act) and in the application for permission to hold performances outside the field of its activity (§ 21 (3) of the Act), the theatre will state the place and date of the performance, the name of the author and the name of the theatre work which it intends to present for the performance. Several performances may be included in the notification and application within a certain time span.
(2) The notification and the request should be made in writing. A request submitted later than five weeks before the performance shall be taken into account by the district national committee only if there are reasons worthy of special consideration.
Presentation in the framework of an approved cultural event
(1) In the notification of the performances to be held in the framework of an approved cultural event (Paragraph 23 (2) of the Act), the organiser shall indicate the name of the event and the designation of the authority which approved it; shall also indicate the places and dates of the performance and the names of the authors and names of the theatre works to be presented at those performances. If the performances are to be held in the district of several counties, this information should be reported to all participating national councils.
(2) The notification referred to in paragraph 1 shall be made in writing at least eight days before the start of the cultural event.
Organiser's obligations
The organizer must not promote the performance before his permission. The information given in the promotional material shall be in accordance with the information given in the authorisation.
(1) Within 14 days of the performance, the organiser shall notify the protection organisation of the author's documentation for the calculation and measurement of the operating royalties (date and place of the performance, name of the author and name of the presented theatre work, number of visitors and total sales on the admission fee). Within the same time limit, the author's protection organisation shall submit these supporting documents and the organiser of the approved cultural event for the performances held within the framework of the action.
(2) The theatre shall submit the documents referred to in paragraph 1 for the performance of which it was the organiser and for the performance where the organiser's obligations against the copyright protection organisation were contracted (Paragraph 16 (2) of the Act), in aggregate for the period agreed with the copyright protection organisation.
(3) If the organiser withdraws from holding the permitted performance or changes subsequently, with the agreement of the national committee which authorized the performance, the organiser shall immediately inform the copyright organization thereof.
SURVEILLANCE OF PRESENTATION
(to § 24 to 27 of the Act)
Approval to ensure supervision
The mandate of the Regional, Regional and Local (Urban) National Supervisory Committee, issued by the Authority responsible for Supervision, may also be for several performances, or all performances organised in the circumference of the designated National Committee within a certain time span.
Supervision
The supervisory authority or the authority responsible for its security shall, as a general rule, authorise its experts to exercise supervision; the national committee may also authorise the members of its competent committee. The full power to exercise supervision shall be in writing.
The supervisory authority shall, within three days, report in writing to the authority which empowered it to exercise supervision, including its measures; However, if, in the exercise of supervision, he has prohibited or interrupted the performance and has prohibited the performance, he shall be obliged to submit a written report without delay.
Service of decisions
(1) The decision to prohibit the performance or to suspend the performance and to prohibit the continuation thereof, as expressed by the oral declaration of the supervisory authority, is required by the authority of the State which authorised the supervisory authority to exercise its supervision to deliver to the organiser in writing within three days of the publication of the decision. The reasons for the decision given at the time of its oral publication shall not be amended in the written copy of the decision.
(2) The authority of the State which authorised the supervisory authority to exercise supervision shall send a written copy of the decision referred to in paragraph 1 within three days of its oral publication.
(a) the body of the State Administration which manages the theatre or approved the cultural event under which the performance took place, where the performance was the one in which supervision was provided under the authority of that authority;
(b) to the agency, where the performance was held by intermediate theatre artists;
(c) the file promoter, if the presentation of the file is concerned.
INSPECTION ACTIVITIES OF STATE GOVERNANCE AUTHORITIES
(to Article 33 of the Law)
Content of inspection activity
(1) The Ministry, the Regional National Committees and the Regional National Committees monitor and control theatrical activities within the scope of their competence and tasks in the theatre sector through persons in charge of inspection activities ("inspectors").
(2) In the performance of their duties, inspectors aim in particular at surveys,
a) both theatres and other state socialist organisations active in the field of theatrical activities perform their cultural policy tasks;
(b) whether theatrical works are studied and prepared for public stage performances in accordance with the approved dramaturgical plan and the intentions pursued by it;
(c) how file activity develops;
d) whether theatrical artists acting outside the employment relationship to the theatre or agency perform theatrical activities in accordance with the provisions of the law;
(e) whether the performances are prepared and promoted in accordance with the authorisation granted;
(f) whether the provisions of the law and of this Decree on compulsory mediation and the obligations of organisers towards the protection organisation of authors are complied with;
(g) whether theatrical activities within the framework of international cooperation between national committees are developing in accordance with the interests and needs of society;
h) how the methodological management of the Ministry and other competent authorities in the field of theatre activities is applied.
Approval of inspectors
(1) Inspectors may:
(a) request for inspection all documents, records and other documents relevant to the purpose of the inspection;
(b) make recommendations to remedy the deficiencies identified and propose appropriate measures to the authority of the State administration which entrusted them with the inspection activity;
(c) draw the supervisory authority's attention to facts which require action within the limits of its competence.
(2) Inspectors are not authorised to give orders or take action at the expense of organisations and persons involved in the activities pursued.
DIVADELY ACTIVITIES OF THE SCHEME OF ART
(to Section 35 of the Act)
Presentation of arts schools
(1) The performance organised by the University of Music Arts in Bratislava, the Conservatory or the Folk School of Arts (hereinafter referred to as "the School") in accordance with its curriculum and curriculum shall be assessed from the point of view of the law, unless further provisions result otherwise, such as theatre performances.
(2) The performance which the school does not hold in accordance with its curriculum and curriculum, as well as the performance organised by the school outside its premises or organised by another organisation and in which pupils, students and teachers perform may only be held on the basis of the permission of the local (urban) national committee responsible for the place of the performance. This National Committee is also responsible for monitoring the performance.
Theater activities in contact with foreign
The performance of schools (their sets, pupils, students, teachers) abroad and the performance of similar foreign schools (their sets, pupils, students, teachers) in the Slovak Socialist Republic is bound by the approval of the Ministry and the Ministry of Education of the Slovak Socialist Republic.
TRANSITIONAL AND FINAL PROVISIONS
(to Paragraph 37 of the Act)
The registration of files, the constituent of which is a socialist organisation and which were active on 30 June 1978 in accordance with the previous rules, shall be carried out by the relevant county national committees on 1 July 1978 and shall send written communications to their founders by 31 October 1978 at the latest. The founder who has not received the registration of the file within that time limit shall be entitled to request it from the relevant district national committee by 31 December 1978.
This decree shall take effect on 1 July 1978.
Minister:
War v. r.
1) Sections 27 and 39 (1) of Act No. 35 / 1965 Coll., on the works of literary, scientific and artistic (Copyright Act).
2) Directive on the novification of foreign certificates of graduate (adult test) (order No 55 / 1957 Coll. NV), Decree No 72 / 1959 Ú. v. on novification of studies carried out at foreign universities and scientific (artistic) institutes, Decree No 84 / 1974 Coll., on the equivalence and recognition of diplomas and diplomas on education awarded in the Union of Soviet Socialist Republics, as amended by Decree No 145 / 1976 Coll., Decree No 144 / 1976 Coll., on recognition of equivalence of documents on the completion of secondary, secondary and higher education schools and documents on the award of titles.
3) § 354 of the Economic Code (full text published under No 37 / 1971 Coll.).
4) § 232 et seq. of the Labour Code (full text published under No 55 / 1975 Coll.).
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Ministry of Culture of the Slovak Socialist Republic No. 60 / 1978 Coll., implementing certain provisions of the theatre law |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.06.1978 |
|---|---|
| Effective from | 01.07.1978 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0