of March 29, 2012 No. 58
About protection of non-material cultural heritage
The Parliament adopts this organic law.
(1) This law establishes the legal basis of identification, documentation, research, preserving, transfer, promoting, revival and use of non-material cultural heritage of the Republic of Moldova.
(2) the Purpose of this law are protection of non-material cultural heritage as parts of national cultural heritage and education of respect for non-material cultural heritage from communities, groups and, on circumstances, individuals for ensuring recognition of its values at the local and national levels.
(1) Operation of this law extends to non-material cultural heritage.
(2) This law cannot be used (fully or partially) by physical persons or legal entities for receipt of the property rights or copyright of any element of non-material cultural heritage by means of the regulations regulating intellectual property or copyright.
(3) Provisions of this law are not applied to the professional actors and groups or persons performing activities in the field of the culture industry.
For the purposes of this law the following concepts are determined:
a) non-material cultural heritage - set of the elements of authentic traditional creativity having value from the point of view of the history and culture transferred from generation to generation in literary, musical, choreographic or theatrical forms and also complex the practician, vital representations, expressions, knowledge and skills in total with tools, objects, artifacts, specific clothes, accessories and cultural spaces inherent in them which are perceived by community, groups of people and, on circumstances, individuals as integral part of their cultural heritage;
b) The carrier of live treasure of mankind - the honorary title given to the certain creator, family group or collective, acknowledged community of carriers of culture and scientific community which create store and transfer elements of non-material cultural heritage in not changed traditional forms and invariable traditional means;
c) The national register of non-material cultural heritage - the main instrument of the state inventory count of the non-material cultural heritage which is available in the territory of the Republic of Moldova;
d) The national catalog of archives of records non-material cultural naslediyasovokupnost of instruments of accounting of the records in the field of non-material cultural heritage executed on the paper and electronic medium, magnetic/television tapes or with use of other materials which are stored in public organizations;
e) protection/preserving - system of the legal, administrative, financial, technical and scientific measures directed to identification, documentation, research, preservation, transfer, promoting, revival and use of elements of non-material cultural heritage;
f) protection/salvation - application of the operational and long-term measures promoting revival and viability of the elements of non-material cultural heritage which are under the threat of disappearance;
g) classification of elements of non-material cultural heritage - the procedure of determination of category of elements of non-material cultural heritage and their inclusion in the National register of non-material cultural heritage;
h) the file of heritage - set of the obligatory documents on each element of heritage necessary for its inclusion in the National register of non-material cultural heritage, and also in the Representative list of non-material cultural heritage of mankind or in the List of the non-material cultural heritage needing urgent protection.
The main characteristics of non-material cultural heritage are:
a) anonymous nature of origin of creativity which promoting and enhancement are constantly promoted by communities on the basis of traditional models;
b) transfer in generally oral way, informally, according to tradition;
c) separation by territorial, ethnic, religious, age, sexual and sotsioprofessionalny criteria;
d) perception of elements of that as very important and organically connected with groups and/or communities in which they are created, remains and given;
e) realization, execution, updating and/or creation of elements of that in groups and/or communities with observance of traditional forms, models, contents and the technician.
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