LAW OF THE REPUBLIC OF MOLDOVA

of December 7, 2017 No. 262

About the museums

The parliament adopts this ordinary law.

Chapter I. General provisions

Article 1. Subject of the law

This law determines the general legal basis of the organization and functioning of the museums in the Republic of Moldova and regulates specific activities for protection of museum fund.

Article 2. Basic concepts

For the purposes of this law the following concepts are used:

the museum – the cultural organization serving to public concerns which is engaged in purchase, storage, studying and development, in particular by exhibiting, material and non-material heritage in the educational, educational and leisure purposes for general population;

museum collection – set of cultural values, on the systematized and consecutive basis created by physical persons or legal entities of public or private law;

museum subject – the subject representing scientific, historical, cultural, art and museum value which is stored in the museum;

museum fund – continuously filled up and developed meeting of cultural values of the museum which is characterized by inalienability (except for the private museums), mobility and stability;

cultural values – any objects with signs of relative original creativity which are the historical evidence of the technical, social, esthetic, religious, mythological and daily tenor of life which developed in society on certain interval of time;

storage of cultural values – set of the measures taken for the purpose of preserving cultural values in steady-state condition;

restoration of cultural values – set of the measures taken for the purpose of recovery of original form or structure of the cultural values which underwent to spoil or destruction;

accreditation of the museums – the procedure of external assessment of museum institutions for the purpose of establishment of their compliance to legislation provisions in the field of the museums.

Chapter II. Museums

Article 3. Organization of the museums

The museums can be organized as the separate organizations having the status of the legal entity or without that including as branch or department of other museum.

Article 4. Functions of the museums

The museums perform the following main functions:

a) creation, development, accounting and studying of museum fund;

b) storage and restoration of museum fund;

c) cultural and educational and scientific development of museum fund.

Article 5. Classification of the museums

(1) Depending on the importance, territorial covering, size and value of museum fund, scientific and technical capabilities the museums are subdivided on:

a) national museums;

b) district museums and museums ATO Gagauzia;

c) local museums;

d) departmental museums.

(2) the National museums are the museum institutions having the considerable museum fund representing all territory of the country, and having the expressed scientific and technical and exhibition potential.

(3) the District museums and the museums ATO Gagauzia are the museum institutions having museum fund, significant for the administrative and territorial unit represented by them.

(4) the Local museums are museum institutions which thanks to the museum fund which is in their ownership are significant for the territory of certain settlement (villages, communes, the cities or municipium).

(5) the Departmental museums are the museum institutions having museum objects, significant for history of the companies, organizations, organizations, associations, religious faiths, ethnic groups etc.

(6) Depending on classification the museums can have the status of the national, district museum, the museum ATO Gagauzia, local and departmental museum:

a) the status of the national museum is given by the order of the Government according to the offer of the Ministry of Culture;

b) the status of the district museum, the museum ATO Gagauzia, local or departmental museum is appropriated by the decision of founders.

(7) On method of exhibiting of museum fund the museums can be placed in the closed constructions (in buildings or pavilions) and under the open sky (the noteworthy places and cultural reserves of archaeological, historical, art, ethnographic, technical or architectural nature consisting of the parcels of land and structures located on them).

(8) From the point of view of specifics of museum fund the museums are subdivided into the following types: archaeological, historical, ethnographic, art, literary, scientific and technical, architectural, memorial, natural-science museums, etc.

Chapter III. Creation and accreditation of the museums

Article 6. Creation of the museums

(1) the Museums can be created in the form of public or private institutions.

(2) the National museums are created, will be reorganized and are liquidated according to the order of the Government.

(3) the Museums subordinated to bodies of local public authority, public management of ATO Gagauzia, to other bodies of the public power or public organizations, will be organized, will be reorganized and are liquidated according to this law and own regulations on the organization and functioning approved by the bodies which founded them.

(4) the Museums which are in private property are created by legal entities or physical persons of private law according to this law and own regulations on the organization and functioning approved with the Ministry of Culture.

(5) Stages of creation of museum institution:

a) decision about creation of museum institution;

b) creation of museum institution;

c) registration of museum institution.

(6) the Decision on creation of museum institution is passed by means of:

a) the administrative act of the founder – in case of public museum institutions;

b) the commitment letter of private or associated persons registered in the Ministry of Culture – in case of private museum institutions.

(7) Creation of museum institution includes the following obligatory actions:

a) collection and documentation of the cultural heritage which is subject to museumification according to legislative requirements;

b) development and approval by board of trustees of regulations on the organization and functioning of museum institution;

c) search and employment of necessary personnel of the museum;

d) providing with the real estates/rooms intended for the museum;

e) providing the financial and economic mechanism necessary for work of the museum.

(8) creation of the museums which offered concept affects moral values of society is not allowed, advances xenophobia, terrorism, national or religious discord.

Article 7. Registration of museum institution

(1) Registration of museum institution is performed on the basis of the document package and the procedure established by the regulations on the Register of the museums approved by the Ministry of Culture.

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