of September 17, 2010 No. 218
About protection of archaeological heritage
The archaeological heritage is the essential element determining antiquity and originality of culture, history and traditions of each people, the state or cultural space in relation to other people, the states and cultural and ethnic spaces. Each people shall keep the cultural values and use them for the benefit of all mankind.
Archaeological heritage of the Republic of Moldova, being the main part of national cultural property to which degradation as owing to intensification of implementation process of large projects on complex arrangement actively threatens, to new construction and operation of lands, and owing to natural risks, illegal digging works or insufficient knowledge of citizens, needs protection by organic implementation of policy on protection of archaeological monuments in cultural, educational, nature protection, urban policies and policy on arrangement of the territory, administration of farmlands, soils and forest grounds.
For the purpose of providing accurate legal basis on the protection and protection of national archaeological heritage corresponding to provisions of conventions and recommendations of UNESCO and Council of Europe in this important area which the Republic of Moldova joined
The Parliament adopts this organic law.
This law regulates general legal regime of archaeological opening and researches, and also protection of the archaeological heritage which is part of national cultural heritage.
For the purpose of this law the following concepts are used in value:
a) archaeological heritage - set of the physical items which resulted from life activity of the person in the past, remaining under natural conditions land surface in subsoil of the earth and under water in the form of immovable archaeological monuments (settlements, burial grounds, separate burials, barrows, fortresses, shaft, structures, churches, buildings, economic constructions, etc.) or movable values (objects or their fragments) which identification and studying require application of archaeological methods;
b) general legal regime of opening and archaeological researches - set of the legal, administrative, financial, technical and scientific measures aimed at providing search works, identification, opening, inventory count, preservation, restoration, protection, maintenance and development of archaeological values, and also sites on which those are for the purpose of their research or, depending on circumstances, classification as movable cultural values or historical monuments;
c) protection of archaeological heritage - system of the legal and administrative measures of prohibitive and precautionary nature intended for accounting, preservation, preserving and restoration of archaeological heritage;
d) archaeological research - set of the measures of scientific and technical nature intended for ensuring search, identification, opening by archeological excavations or other methods, researches, collection, registration and scientific development including by publication, archaeological heritage;
e) archaeological investigation - archaeological research on the Earth's surface or under water for the purpose of identification of new archaeological monuments or refining of condition of already known monuments;
f) preliminary archaeological research - the research conducted for the purpose of studying of archaeological monuments which are exposed or can undergo to negative impact from anthropogenous or natural factors, including:
- designings of new structures, changes, expansion or repair of communications or technical equipment, including underground and underwater, excavation, operation of pits, construction of high-level networks, networks of telecommunication, installation of the relay and antennas of telecommunication, works on land management, research and prospecting works (drilling and excavation), geotechnical researches, necessary for implementation, and also any other works affecting the surface of the soil, subsoil or bottom in the current or still waters irrespective of, they are performed in settlements or beyond their limits, and also irrespective of pattern of ownership on the earth;
- project works on restoration, partial or complete reconstruction of historical monuments;
- landslides, soil erosions, etc.;
g) supervising archaeological research - research which purpose is monitoring and operational archaeological intervention in the archaeological monument which is in construction zone, zone of territorial arrangement, and also in zone of restoration or reconstruction of architectural monument;
h) systematic archaeological research - the long-term archaeological research of monuments conducted on the basis of the long-term scientific program;
i) rescue archaeological research - the research conducted quickly for the purpose of rescuing of the archaeological monument subjected to threat of destruction from anthropogenous or natural factor;
j) archaeological examination - scientific assessment of archaeological capacity of lands and movable values for the purpose of reasons for offers on their protection and research or, depending on circumstances, for their inclusion in economic circulation;
k) archaeological opening - detection by means of archeological excavations of monuments, objects and other traces of human activities in the past;
l) accidental archaeological opening detection of pieces of archaeological heritage as a result of the activities of the person which are not connected with specialized archaeological researches or as a result of impact of the natural factors attracting change of the environment;
m) archaeological treasure / treasure - the movable subject or complex of such objects having special art and/or documentary value, hidden or dug in the past which owner cannot be established or lost the property right to them according to the current legislation irrespective of, they are accidental find, result of archaeological researches or investigations of law enforcement agencies or are received based on the judgment;
n) zone with archaeological potential - the site concerning which availability of archaeological monuments is scientifically documented or it is supposed based on indirect data;
o) zone c the known and researched archaeological heritage - the site on which as a result of archaeological researches the objects belonging to the categories provided in Item are found and);
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