LAW OF THE REPUBLIC OF MOLDOVA

of December 27, 2011 No. 280

About protection of national movable cultural heritage

The Parliament adopts this organic law.

This law shifts:

- Article 1 and part A of appendix I of Regulations of Council (EU) No. 116/2009 of December 18, 2008 about commodity export of the cultural appointment (the codified version) published in the Official magazine of the European Union by L 39 of February 10, 2009;

- partially Article 1-6, 8-12, 14, 16 and 17 Directives of the European parliament and Council 2014/60/EU of May 15, 2014 about return of the cultural values which illegally are exported from the state member territory, and about change of Regulations (EU) No. 1024/2012 (in the new edition) (the text concerning EEP), with the changes made by way of modification of the Directive of the European parliament and Council 2014/60/EU of May 15, 2014 about return of the cultural objects which illegally are exported from the state member territory, and about change of Regulations (EU) No. 1024/2012, published in the Official magazine of the European Union by L 159 of May 28, 2014, CELEX: 32014L0060.

Chapter I General provisions

Article 1. Subject of this law

This law regulates legal regime of the values relating to national movable cultural heritage as part of national cultural heritage and also specific activities in the field of identification, researches, inventory counts, classifications, preserving, safety, contents, production, restoration, compensation, return and mastering of movable cultural values.

Article 2. Basic concepts

For the purposes of this law the following basic concepts are determined:

a) national movable cultural heritage - the movable cultural values having special or exclusive historical, archaeological, documentary, ethnographic, art, scientific and technical, literary, cinema, numismatical, philatelic, heraldic, bibliographic, cartographic, epigrafichesky, esthetic, ethnological and anthropological value, representing material certificates of evolution of the environment and relations with it of the person, human creative potential;

b) protection of national movable cultural heritage - set of the measures of scientific, legal, administrative, financial, tax and technical nature designed to provide identification, research, inventory count, classification, preserving, safety, content, production, restoration and the development of national movable cultural heritage undertaken for the purpose of democratic access to culture and transfer of this heritage to future generations;

c) classification of movable cultural values - the procedure of determination of category of movable cultural values and their entering into the Register of national movable cultural heritage;

d) deklassifikation of movable cultural values - the procedure of exception of the classified movable cultural values of the Register of national movable cultural heritage based on the expertizes which are carried out by the specialists accredited in the field;

e) public collection of movable cultural values - set of the cultural values which are in ownership of public organizations, religious cults as a result of public procurements, collecting or donations;

f) private collection of movable cultural values - the set of cultural values created by physical persons or legal entities of private law as a result of collecting, purchase, donation or inheritance;

g) restoration laboratory - specially equipped room equipped with installations and the equipment in which works on research and processing of scientific, applied and technical nature are carried out;

h) restoration workshop - specially equipped room equipped with the installations and tools located according to certain engineering procedure in which restoration works are carried out;

i) The register of national movable cultural heritage - the inventory of the movable cultural values classified in national movable cultural heritage which is kept by Service of accounting and turnover of movable cultural values electronically;

j) the movable cultural values which are subject to return - the values which are on circumstances, part:

- national movable cultural heritage, classified by those to or after illegal export from the territory of the Republic of Moldova;

- movable cultural heritage of the member state of the European Union according to the legislation of the relevant state, classified by those to or after illegal export from the territory of the member state of the European Union;

- public collections which are part of objects of the museums, archives, library stocks, religious cults and church organizations of the Republic of Moldova or one of member states of the European Union, certain as public according to the legislation of the Republic of Moldova or the respective member state of the European Union;

k) illegal export of movable cultural value from the territory of any state - any export of movable cultural value from the territory of the Republic of Moldova or the member state of the European Union with violation of the law in the field of protection of national movable cultural heritage, and also not return of movable cultural value upon termination of the period of temporary legal export or any other violation of one of conditions of temporary export;

l) state applicant - The Republic of Moldova or any member state of the European Union from which territory movable cultural value was illegally exported;

m) the required state - the state in the territory of which there is movable cultural value which illegally is exported from the territory of other state;

n) return - return of movable cultural value to the territory of the state applicant;

o) the owner - physical or legal person which purposely actually have on its own behalf the movable cultural value which illegally is exported from the territory of any state;

p) the holder - physical or legal person which purposely actually have on behalf of other person the movable cultural value which illegally is exported from the territory of any state.

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