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Heritage in the Centre.Cultural Heritage in Urban Development in Slovakia.
Tomáš Michalík
Trenčín museum in Trenčí[email protected]
CULTURAL HERITAGE CONSULTING, [email protected]
Introduction into the legal system
Constitution of the Slovak Rep.
Laws
Orders
& Declaration of the National Council of the Slovak Republic
Lex generalisLex specialis
- Monuments Act- Museums Act- Cultural Objects Export and Import Act- Libraries Act- Archives Act
- Building Act- Landscape Protection Act- Offences Act- Penal Code- Administrative Procedure Act- ...
- enumerates parts of the cultural heritage
History of the Cultural Heritage Laws in Slovakia
1918
1945
1989
1993
1960
1919 – Ordination Nr. 155/1919 of the Ministry for Slovakia
1958 – Act Nr. 7/1958 Sb. on Cultural Monuments
Act Nr. 27/1987 Zb. on State Care of Monuments - 1987
Act Nr. 49/2002 Coll. on the Monuments and Heritage Sites Protection - 2002
1881 – Hungarian Act Nr. XXXIX/1881
State administration Act Nr. 49/2002 Coll. on the Protection of Monuments and Heritage Sites as amended
www.culture.gov.sk
www.pamiatky.sk
Advisory bodies:- Monuments Council,- Archaeological Council,- Licence Commission.
+ Monuments InspectionMinistry of Culture
Monuments Board
Regional Monuments Bord
Stron
gp
ositio
n&
com
peten
ces
Act Nr. 49/2002 Coll. on the Protection of Monuments and Heritage Sites as amendedObject of the protection
Individual protection Area protection
→ Monuments and Heritage Sites
National Cultural Monument(NCM)
- registered in the CentralRegister of the Monumentsand Heritage Sites
2017:~10.000 immovable NCM~15.000 movable NCM
Heritage Site
Heritage Reservation Heritage Zone
more NCM less NCM
more important less important
2017: 28 2017: 82
Town Heritage Reservation Historic Reservation of the Folk Architecture(18) (10)
Act Nr. 49/2002 Coll. on the Protection of Monuments and Heritage Sites as amendedObject of the protection
Individual protection
→ Monuments and Heritage Sites
National Cultural Monument(NCM)
Act Nr. 49/2002 Coll. on the Protection of Monuments and Heritage Sites as amendedObject of the protection
Area protection
→ Monuments and Heritage Sites
Heritage Site
National CulturalMonument
Heritage site border
Estate in theheritage site
Buffer zone border
Act Nr. 49/2002 Coll. on the Protection of Monuments and Heritage Sites as amendedIllegal activities
Offence (=misdemeanour) Crime
- less serious activities, lower damage - more serious activities, higher damage(lower threat of the public interest) (higher threat of the public interest)
- decisions by the state administration - decisions only by the court
- regulated in the special laws (Monuments - regulated only in the Criminal CodeAct, Museums Act, Libraries Act...)
- negligence - usually intention must be proven
- sanction: only financial fine - sanction: usually imprisonment
Act Nr. 49/2002 Coll. on the Protection of Monuments and Heritage Sites as amendedIllegal activities
Offence (=misdemeanour)
- less serious activities, lower damage(lower threat of the public interest)
- decisions by the state administration
- regulated in the special laws (MonumentsAct, Museums Act, Libraries Act...)
- negligence
- sanction: only financial fine
- Reconstruction of the NCM without the decision,
- Reconstruction of the building in the heritage site without the decision,
- Ignoration of the duty of the basic protection of NCM,
- Ignoration of notification duty,
- Illegal export of the NCM,
- Illegal research or excavations,...
: together 18 offences: sanction: up to 200.000 €
(but usually hundreds / thousands of €)
Criminal Code as amendedIllegal activities
Crime
- more serious activities, higher damage(higher threat of the public interest)
- decisions only by the court
- regulated only in the Criminal Code
- usually intention must be proven
- sanction: usually imprisonment
Since 2011:
2 new bodies of a crime:
- Damaging and Devaluation of Cultural Monument
(Art. 248a)
mainly: architectural heritage, but also archaeological
(immovable) monuments
- Falsification of Objects of Cultural Value
(Art. 249a)
mainly: movable archaeological finds
1 changed body of a crime:
- Damaging and Devaluation of Archaeological Heritage
(Art. 249)
archaeological heritage as a whole
Cases for discussion Trnava – Lower Gate
Regional MonumentsBoard:Conservative presentationof archaeological heritage
vs
Town Trnava:Vision of re-building of former gate (destroyed in half of the 19th century)
Cases for discussion Bardejov – post office
visualization
today
Planned massive building 10 metres from the border of historic reservation, supported by town Bardejov.
Competence of the Regional Monuments Board – rathertheoretical.
Cases for discussion Nitra castle – café Castellum.
Cases for discussion Bratislava castle
Presentation of the capital of local Celts vs Maria Theresa garden
vs
Cases for discussion Košice - citadella
Built after 1671, destroyed in the18th century
Presentation of the wall in front of local Aupark.
Declared NCM.
Cases for discussion Trenčín – relicts of walls (17th century)
2012
2017
Trenches were backfilled afterseveral years (they remainedopen since 2009 to 2013), verynear to historical centre.
Judicial case
Declared NCM.
Cases for discussion Žilina – old parish house, now: shopping mall Mirage
2008
2007
20082017
One of cases which served as argument for new criminal regulation.
Thank you for your attention and let me invite you to Trenčín.
