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Law on the protection of monuments and historic sites

Sunday, April 01, 2012

Collection of Laws No 16/2003 Issue 8

Article IV. R E G U L A T I O N
of the Ministry of Culture of the Slovak Republic
of 12 November 2002
implementing the Act
on the Protection of Monuments and Historic Sites


Pursuant to Art. 8, par 4; Art. 33, par. 11; Art 35, par. 10 and Art 39, par. 8 of Act No 49/2002 Coll. of Laws on the Protection of Monuments and Historic Sites (hereinafter referred to as ”the Act”) the Ministry of Culture of the Slovak Republic (hereinafter referred to as ”the Ministry”) has adopted the following Regulation:

Article 1

Details on activities conducted by the committee
for the verification of special professional qualifications
for conducting research on monuments and historic sites

(1) The committee for the verification of special professional qualifications for conducting research on monuments and historic sites shall conduct its activities on monuments and historic sites in the following fields of research:
a) art-historical,
b) architectonic-historical,
c) urban-historical,
d) archaeological.


(2) The committee for the verification of special professional qualifications for conducting research on monuments and historic sites shall meet at least twice a year, always following the deadlines for submitting applications for acquiring the special professional qualification, which are 31 March and 30 September of each year.

Details on conditions
for acquiring special professional qualifications

Article 2

(1) Qualification in the respective field shall mean graduate level university education in the field of:
a) visual art history,
b) architecture,
c) urban planning,
d) archaeology, or
e) any other related field completed by a final state examination.

(2) Each applicant may simultaneously submit an application for verification of special professional qualifications in a number of fields of research on monuments and historic sites.

(3) Special professional qualifications shall be verified through:
a) assessment of compliance with the conditions stipulated in Art. 35, par. 5 of the Act,
b) reviewing documents according to Art. 35, par. 6 of the Act, and
c) an examination on knowledge of the legislation governing issues concerning research on monuments and historic sites.

1 Art. 3

(1) The Ministry shall inform applicants in writing of the date, place and form of the examination no later than 30 days before the date of the examination.

(2) The examination shall consist of written and oral parts.

(3) The examination shall be classified as ”pass” or ”fail”. The course and results of the examination shall be recorded in the minutes.

(4) The committee for the verification of special professional qualifications for conducting research on monuments and historic sites shall inform applicants orally of their examination results on the same day the examination is conducted. Applicants who fail shall be informed about the conditions for repeating the examination.

(5) Any applicant who fails the examination may only repeat it no sooner than six months following the date of failing the examination. The Ministry shall determine the date for the repeat examination.

(6) Any applicant who also fails the repeat examination may only submit a new application no sooner than one year after the date of the repeat examination.

.2
.3 Art. 4

(1) The Ministry shall issue a certificate confirming special professional qualifications for each successful applicant within 30 days of the date the applicant passed the examination.

(2) The validity of the certificate confirming special professional qualifications can be renewed through an application submitted to the Ministry by any person holding special professional qualifications. The application must be accompanied by an extract from the Penal Register no more than three months old.

Restoration documentation
Article 5

(1) Each proposal for restoration of a national cultural heritage monument (hereinafter referred to as ”cultural monument”) shall be drawn up in accordance with Art. 33, par. 2 of the Act and a natural person holding special professional qualifications according to a special regulation1) (hereinafter referred to as ”the restorer”) who conducted the restoration research and will restore the cultural monument; this person shall be responsible for its content in accordance with the same Article and in compliance with the conditions included in the decision on the intention.

(2) Each proposal for restoration shall contain:
a) basic identification and technical data on object to be restored,
b) characteristics of the restoration research and description of how it was conducted including: inventory, reasoning and evaluation of explorations (if any), detailed evaluation of restoration research and relevant type of research on historical monuments if so stated in the decision on the intention,
c) evaluation of technical conditions and characteristics of cultural monument’s heritage values on the basis of results obtained from research,
d) main objective, characteristics and extent of restoration of cultural monument,
e) proposal for procedures and technology for restoring cultural monument and their reasoning,
f) photographic documentation and, if necessary, also graphical documentation on the cultural monument and its restoration research,
g) intention to restore and decision on intention taken by competent Regional Monuments Board.


Article 6

(1) Documentation on performed restoration works shall contain all work actually performed during restoration of a cultural monument or its part.

(2) The restorer who restored a cultural monument shall draw up documentation on the performed restoration work and shall be held responsible for its truthful content.

(3) Documentation on performed restoration work shall contain in particular:
a) basic information on object being restored,
b) detailed report on results of performed work with regard to used procedure, technology and materials,
c) specification and reasoning, where appropriate, of any changes in the proposal for restoration,
d) evaluation of new knowledge concerning technical, technological and art-historical characteristics of cultural monument if acquired during restoration,
e) benefits of restoration and objective attained,
f) specification of regime for further use of restored cultural monument or its part with regard to its protection and necessary operational and climatic conditions,
g) photographic documentation and, if necessary, also graphical documentation on the course and results of the restoration of the cultural monument.

(4) The restoration book shall accompany the documentation on the performed restoration work if the competent Regional Monuments Board so decides. The restoration book shall contain records on the course of the restoration reflecting the sequence of individual steps taken and work conducted, as well as records on use of technological procedures and actual climatic conditions.

.4 Article 7
Research documentation

(1) According to the type of research, research documentation shall be as follows:
a) art-historical research documentation,
b) architectonic-historical research documentation,
c) urban-historical research documentation, or
d) archaeological research documentation.

(2) Art-historical research documentation and architectonic-historical research documentation shall contain:
a) basic information on the cultural monument,
b) information on the specification, methodology, performance and organisation of research on monuments and historic sites,
c) description of cultural monument, including technical conditions,
d) inventory of valuable details and elements,
e) inventory of explorations, if any, and findings accompanied by reasoning and evaluation,
f) analysis of development of cultural monument,
g) evaluation of research in written and graphical forms,
h) characteristics of heritage values of cultural monument,
i) proposal for preservation, renovation and presentation of cultural monument,
j) requirements for other possible specialised research work including extent and reasoning,
k) photographic documentation and graphic documentation of current and, if possible, historical status of cultural monument as well as documentation reflecting the course of research,
l) information on background information, sources and literature used,
m) other particulars considered important by the author of the cultural heritage research with regard to documenting the heritage values of the cultural monument, their preservation, renovation and presentation,
n) opinion of the Monuments Board of the Slovak Republic on the results obtained during research.

(3) A proposal according to paragraph 2, sub-paragraph i) shall contain:
a) summary of results from art-historical research and architectonic-historical research,
b) requirements concerning:
1. preservation, renovation and presentation of values of cultural monument, its material substance, elements and details constituting its integral part,
2. removal of any former inappropriate interventions and adjustments,
a) proposal for specific measures for preservation and renovation of cultural monument and its suitable functional utilisation,
b) graphical schemes of proposed means of renovating cultural monument.

(4) If specialised research work according to paragraph 2, sub-paragraph j) result in substantial new knowledge and facts, their evaluation together, where appropriate, with changes in and supplements to the proposal for the preservation, renovation and presentation of the cultural monument shall form an addendum to the documentation on cultural heritage research.

(5) Documentation from urban-historical research shall contain in particular:
a) basic information on the site,
b) information on the specification and conducting research,
c) information on urban planning documentation, background information, sources and literature used,
d) historic, urban and architectonic development of the site,
e) characteristics of cultural heritage values of the site and reasons for its preservation,
f) proposal for principles of preservation, renovation and presentation of cultural heritage values of the site,
g) specification of boundaries of the site according to current cadastral map,
h) graphic and photographic documentation of the researched site.

(6) A proposal according to paragraph 5, sub-paragraph f) shall contain mainly the following requirements for:
a) reasonable functional use of site respecting values of the site and monuments located on it,
b) preservation, maintenance and restoration of historical layout in relation to monuments and values of site,
c) preservation of valuable composition of objects,
d) preservation of vertical and material-spatial arrangement of objects,
e) preservation of elements of street interior and street furnishings,
f) preservation of characteristic views and vistas,
g) preservation of outlines and panorama,
h) preservation and presentation of possible archaeological finds and their inclusion in the system of the respective settlement or site,
i) preservation, protection and recovery of historical green areas and other cultural and natural values of the site,
j) proposal for measures for the protection, renovation and suitable functional utilisation of a historic site, especially proposals for possible changes in or extension to the protection of the site,
k) graphical representation of proposal of principles on a map of scale 1:1,000 or, where appropriate, a map of wider relationships at a scale of 1:5,000.

(7) Documentation from archaeological research shall contain in particular:
a) basic information on the archaeological find,
b) information on specifications and manner of conducting archaeological research,
c) location of the archaeological find in the terrain and its location on a map segment at a scale of 1:10,000,
d) history of archaeological research conducted on the archaeological find,
e) methodology and organisation of archaeological research,
f) description of research work and reviewed immovable property in archaeological research book and archaeological sheets,
g) technical documentation from archaeological research and, in particular, photographs, drawings, schemes,
h) inventory consisting of detailed incremental catalogues for all findings,
i) documentation and evaluation of findings,
j) expert opinions,
k) proposal for preservation regime and, where appropriate, also presenting archaeological find.

Article 8
.1 Entry into Force

This Regulation shall enter into force on 1 February 2003.

RudolChmel,
signed in his own hand


 

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