of September 30, 2011 No. 192
About the monuments built in public places
For the purpose of creation of optimum conditions for promotion of national and international values by means of the works of monumental art established in public places, their integration into cultural, educational, urban policies, providing the adequate legal base for construction and the protection of this type of monuments approved with provisions of conventions and recommendations of UNESCO and Council of Europe in the field of cultural heritage
The parliament adopts this organic law.
This law regulates general legal regime of construction of monuments in public places, including creations and installations, and also their administration and protection.
In this law the following concepts are used:
the monuments built in public places, – immovable objects works of monumental art (volume and spatial compositions, statues, busts, memorial boards with sculptural relief, crucifixions, crosses), together with the territory which is taken away for them, having decorative, memorial or religious nature, located in public places, on the lands which are in public property of the state or administrative and territorial units;
the territory of the monument built in the public place – specially allotted the site/area of the earth on which performing monumental art, in parts or in full including adjacent characteristic arrangement which is integral part of monument is located (decorative barriers, beds, lawns, paths, steps, etc.);
the conservation zone of the monument built in the public place – the space with the special security mode established around the territory of the monument built in the public place for the purpose of ensuring its preserving, use, physical and visual access to it.
The monuments built in public places depending on their value and semantic loading are subdivided into two categories: category "A" - monuments with the national status of protection; category "B" - monuments with the local status of protection.
(1) the Status of the monument built in the public place is appropriated only to works of monumental art which construction in public places is performed according to provisions of this law.
(2) to the Works of monumental art built before entry into force of this law, the status of the monument built in the public place is appropriated only if their placement in the public place was made according to the legislative provisions in the field existing in the period of their construction.
(3) the works of monumental art made in the equipment of mosaic, list or relief on facades of buildings with visual exit in public space are equated To the monuments built in public places.
(4) the figurative or nonconventional sculptural works (objects, statues, forms) having the small sizes which are not representing or not devoted to any specific historic figure or any historical event / moment, without pedestal, established directly on the Earth's surface or on the basis, without specially organized/changed adjacent anthropogenous/natural space, have no the status of the monument built in the public place.
(5) the Construction of works of monumental art which can be visible in public space and also those which can freely be visited, on the lands which are in private property is forbidden.
(6) the Monumental works which are at cemeteries do not fall under operation of this law.
(1) Construction of monuments in public places is performed in public concerns and for public advantage.
(2) Monuments can be built in public places:
a) within the cultural programs and projects financed by assignments from the state and/or local budgets according to provisions of the current legislation;
b) within partnership of state bodies and/or public organizations subordinated to them with physical persons or legal entities of private law for the purpose of support of programs or projects in the monumental fine arts;
c) within the cultural programs or projects advanced and supported by physical persons or legal entities of private law only from private funds in coordination with territorially competent authorities of local public authority.
(3) On public buildings on which monuments are located public servitudes can be established.
(1) the Monuments built in public places are in public property of the state or administrative and territorial units.
(2) the monuments Built in public places which are in public property of the state or administrative and territorial units are inaliennable, the term of limitation period is not applied to them and on them collection cannot be turned. They can be transferred under the law to the control to public organizations after obligatory preliminary coordination with the Ministry of Culture.
(1) Construction of monuments in public places is performed based on the order of the Government.
(2) the Order of the Government about construction of monument in the public place is accepted according to the offer of the Ministry of Culture based on the decision of territorially competent authority of local public authority.
(3) Works on creation of the monuments erected in public places can be begun only after adoption of the relevant resolution by the Government and shall be made according to approved by the Ministry of Culture the project of the monument erected in the public place, the project of arrangement of the adjacent territory and the project of the conservation zone of this monument according to the procedure established by the legislation on permission of accomplishment of construction works.
(3-1) Author of the monument built in the public place are selected on the competition organized based on the Framework regulations on the organization of tender for selection of the author of the monument built in the public place developed and approved by the Government or military and memorial object.
(4) Installation in public places of the works of the foreign masters including received as a present imported into the country is performed according to the process at law described in parts (2) and (3), based on the written recommendation of this work and its art qualities issued by the central body of public management in the field of the fine arts of country of source of the work.
(5) Transfer or dismantle of the monuments built in public places is performed according to the procedure described in parts (1), (2) and (3).
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