of January 31, 2014 No. 73
About approval of the Regulations on the organization and functioning of National council of historical monuments
Based on article 16 of the Law on protection of monuments No. 1530-XII of June 22, 1993 (repeated publication: The official monitor of the Republic of Moldova, 2010, Art. No. 15-17, 23) with subsequent changes and amendments, DECIDES: the Government
Approve Regulations on the organization and functioning of National council of historical monuments it (is applied).
Minister of Education, culture and researches
Approved by the Order of the Government of the Republic of Moldova of January 31, 2014 No. 73
1. The national council of historical monuments (further - Council) is the specialized, scientific and methodical body in the field of the state protection of historical monuments operating under the Ministry of Education, culture and researches.
2. In the activities Council is guided by the Constitution of the Republic of Moldova, the laws and resolutions of Parliament, presidential decrees of the Republic of Moldova, ordinances, resolutions and orders of the Government, international conventions in the field of protection of cultural heritage, provisions of documents in the field of UNESCO/IKOMOS and the Council of Europe, and also this Provision.
3. In case of approval of the decisions which are within the competence of Council, independence of scientific and technical opinions of members of council is guaranteed.
a) three representatives of the Ministry of Education, culture and researches;
b) two representatives of the Ministry of Economy and Infrastructure;
c) two representatives of the Agency on inspection and restoration of monuments;
d) two representatives of the National agency of archeology;
e) two representatives of the non-governmental organizations specialized in the field of protection of monuments;
f) one representative of ICOMOS Committee Moldova;
g) one scientific and pedagogical shot in the field of architecture of Technical university of Moldova.
5. The staff of Council (including the chairman, the vice-chairman and the secretary of Council) affirms the order of the Minister of Education, culture and researches for a period of three years.
6. As the chairman and the vice-chairman of Council persons holding the state positions in the Ministry of Education, culture and researches cannot be designated. As the secretary of Council the representative of the Ministry of Education, culture and researches is appointed.
7. Can be invited to meetings of Council, without the right of participation in vote process, specialists in the field of architecture or protection of monuments.
8. Members of council cannot take part in discussion and decision making if they have personal interest on the discussed question. In such cases members of council shall announce at the beginning of discussion personal interest on the discussed question. The announcement of personal interest and abstention from vote without fail is specified in the minutes.
9. Membership in structure of Council stops under the following circumstances:
a) violation of provisions of the legislation in the field of protection of cultural heritage and this provision;
b) unreasonable absence at 4 meetings in a row or at 8 meetings a year;
c) impossibility to fulfill the duties, at least, within 4 months;
d) completion of the mandate.
Ascertaining of these circumstances is in competence of the secretary of Council.
The response of members of council in the specified cases is performed by the order of the Minister of Education, culture and researches.
10. In case when one of members of council is disposed from its structure, on this place the order of the Minister of Education, culture and researches the new member of council is appointed.
11. Compensation of members of council is performed for unit of time based on the existing regulations according to really used time registered in the protocol of meetings.
12. Council has the following obligations:
a) considers the project of national strategy of protection of historical monuments and offers its approval;
b) offers approval of methodologies, regulations, standard rates and provisions in the field of protection of historical monuments;
c) issues the conclusion according to the Section "Monuments and the Built-up Protected Zones" of the draft of the Plan for improvement of the national and regional territory and administrative and territorial units;
d) issues the conclusion on specialized Sections of the master, zone and detailed town-planning plans including historical monuments to national category or the built-up zones having the status of monument of national category;
e) issues the conclusion on offers on inclusion of historical monuments in the National registry of historical monuments, buildings, ensembles and/or the built-up zones;
f) issues the conclusion on the project documentation on scientific/historical reasons for differentiation of the conservation zones of the historical monuments or the protected built-up zones having the status of monument of national category, or offered for inclusion in national category;
g) issues the conclusion on documentation with offers on intervention (preservation, strengthening, restoration, rehabilitation, systematization/arrangement of the adjacent territory, etc.) in immovable objects with the status of the protected monument to national category (structures and the adjacent territory) and in their conservation zones;
h) issues the conclusion on documentation with offers on intervention in the existing structures located in the built-up zones with the status of the protected monument to national category or in their conservation zones;
i) issues the conclusion on documentation with offers on new structures in borders of the protected built-up zones with the status of monument of national category or in their conservation zones;
j) offers historical monuments for inclusion in the List of the world cultural and natural heritage, and also in the List of the world heritage it is in danger, developed by UNESCO;
k) draws the conclusion according to programs of training of specialists, and also basic curricula, plans of advanced training and specialization in the field of protection of historical monuments.
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