of December 12, 2014 No. 306
About approval of Methodology by financial assessment of damage caused to objects of the constructed cultural heritage
According to Art. 57 of the Law No. 1530-XII of 22.06.1993 on protection of monuments (with subsequent changes and amendments), according to Item 6 provisions (5) the Orders of the Government No. 696 of 19.11.2009 about approval of the Regulations on the organization and functioning of the Ministry of Culture (with subsequent changes and amendments) I ORDER:
1. Approve Methodology according to the financial damage caused to objects of the constructed cultural heritage, the being integral part of this Order.
2. To management of cultural heritage (Mr. S. Chokanu) to prepare materials for publication of this Order in "Monitorul Oficial al Republicii Moldova".
3. To impose control of execution of this Order on Mr. Gheorghe of POSTIKE, the deputy minister.
Minister of Cultural Affairs
to the Order of the Ministry of Culture of the Republic of Moldova of December 12, 2014 No. 306
1. Financial assessment put (consciously, on negligence or on ignorance) damage to objects of the constructed cultural heritage is carried out in case:
a) destructions of monuments or their components (buildings, auxiliary constructions, barriers, elements of improvement of the site, green spaces, etc.);
b) misstatements/changes of form, amount, materials, the sizes, structure of facades, roofs, interiors of monuments or their components, structural elements, plaster, joiner's products, metal shod products, internal and exterior decorative finish, etc., and also misstatement/change by illegal construction on the parcel of land of monument of new buildings, extensions and auxiliary constructions.
2. According to the current legislation in the field of protection of cultural heritage on historical monuments those which have no corresponding conclusion of specialized structures of the Ministry of Culture reckon as illegal works (for objects with the status of monument of national category or for the objects located in the territory of the built-up zones having the status of monument of national category).
3. Financial assessment of the caused damage is carried out by the following criteria:
- cost estimation on recovery of the destroyed or distorted/changed historical monument or its components;
- cost estimation on demolition of illegal constructions in the territory of monument and reduction of the site in the condition preceding illegal works.
4. (1) the Cost estimation on recovery of historical monument or its components is reached by calculation of materials, construction methods / acceptances and other works, identical subjects which were used at the time of construction of historical monument.
(2) If assessment of these materials and costs, and also construction methods / acceptances and actions cannot be performed, the modern equivalents used by the organizations specialized in restoration, recovery or preservation of such monuments will be used.
(3) For cost estimation on recovery of historical monument or its components also costs for specialized consultations, the help in questions of preservation/restoration and recovery, cost of creation/accomplishment of documentary researches and researches in archives, and also the cost of projects of recovery and all accompanying expenses will be considered up to approval, authorization of accomplishment of construction and acceptance of works.
(4) in case of illegal works in the form of new construction on the parcel of land of historical monument the caused damage is calculated taking into account development costs of the project on demolition of these structures, implementation in practice of their demolition and reduction of the parcel of land of monument in the condition preceding accomplishment of illegal works.
(5) If work on recovery requires accomplishment of archaeological researches or supervision on the object/place, also these expenses will be considered.
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