183
ACT Dated 12 May 2000
On libraries, on the supplements of Act No. 27:1987 (Digest) of the Slovak National Council on the state care of historical monuments and on the amendments and supplements of Act No. 68:1997 (Coll.) on
Matica slovenská
The National Council of the Slovak Republic has resolved on the following law:
Article I
F I R S T P A R T
FUNDAMENTAL PROVISIONS
§ 1 Subject of the Act
(1) This Act regulates the status and tasks of libraries, their founding, provision of librarian services to the general public, protection, utilisation and assurance of the accessibility of historical library documents and historical library collections.
(2) This Act applies to:
(a) Libraries providing library services to the general public (b) Owners or administrators of historical library documents and historical library collections
§ 2 Tasks of the library
(1) The library provides for free access to information1[1] propagated with the use of all types of carriers, provides for requirements in the fields of culture, information, science, technology and education, and supports lifelong education and spiritual development.
(2) The library fulfils its tasks by providing library services, using its own collections and mediating access to external sources of information.
§ 3 Definition of terms
(1) The library is a cultural, informational and educational establishment, a legal person or part thereof with responsibilities in the field of acquisition, processing, maintenance, protection and mediation of access to library collections, and in the field of library services.
(2) The library document is a library collection unit regardless of content or the form of information carrier. The information carrier is a material substrate used for the recording and transfer of information.
1[1] Article 26 of the Foundation of the Slovak Republic.
(3) External information sources are databases and library collections located outside of the library.
(4) A Slovakicist document is a library document of Slovakian or Slovak relevance in terms of its author, language, place of publication or contents.
(5) The national bibliographic system is a co-ordinated system of processing of Slovak national bibliography, bibliography of scientific disciplines and regional bibliography, including mediation of access thereto.
(6) The Slovak national bibliography is a scientific informational system, part of the national bibliographic system, engaged in the standardised processing of bibliographic data on published Slovakicist documents and mediation of access thereto as follows:
(a) Slovak national parallel bibliography is responsible for the registration and description of documents in parallel with their publishing or immediately thereafter
(b) Slovak national retrospective bibliography is responsible for registration and description of documents published in the past, usually documents older than those published and bibliographically registered in the current year
(7) A comprehensive library catalogue is a catalogue listing records of library documents located in the collections of more than one library.
(8) The deposition library is a library where library documents are deposited in accordance with specified rules. The deposition library is responsible for the safekeeping of library documents that are less or not at all utilised, and for enabling access thereto.
(9) The conservation library is a library for acquiring and permanently keeping library documents for future generations in accordance with other legislation2[2].
S E C O N D P A R T
THE LIBRARY SYSTEM
§ 4
The library system, consisting of the Slovak National Library, scientific libraries, academic libraries, public libraries, school libraries and special libraries, is a part of the state information system3[3].
§ 5 Foundation and establishment of the library
(1) The following subjects may found a library pursuant to other legislation4[4]:
a) Governmental authorities5[5]
2[2] Act No. 212:1997 (Coll.) on obligatory copies of periodical publications, non-periodical publications and duplicated audio-visual works, as amended by Act No. 182:2000 (Coll.). 3[3] Act No. 261:1995 (Coll.) of the National Council of the Slovak Republic on the state information system. 4[4] §§21 - 23 of Act No. 303:1995 (Coll.) of the National Council of the Slovak Republic on budgetary rules.
b) Regional offices c) Communities
(2) The following subjects may establish a library pursuant to other legislation6[6]:
a) Other legal persons b) Natural persons
(3) A legal person may also establish a library as its own component.
§ 6 The Slovak National Library
(1) The Slovak National Library is a legal person. Its founder4 is the Ministry of Culture of the Slovak Republic (hereinafter referred to as “the Ministry”).
(2) The Slovak National Library has its domicile in Martin.
(3) The Slovak National Library:
(a) Fulfils tasks as the conservation library and deposition library of the Slovak Republic (b) Preferentially collects indigenous and foreign Slovakicist documents, submits them to expert
processing, maintains and protects them, and provides for their accessibility (c) Fulfils tasks as the national bibliographic agency by providing for co-ordination of the
national bibliographic system, for national bibliographic registration of Slovakicist documents, for the expert processing of Slovak national bibliography and for access thereto
(d) Represents the workplace responsible for activities pertaining to literary archives, literary museums and biographical documentation as well as for research, protection and support of Slovak national bibliography
(e) Fulfils tasks within the library system as a methodological, advisory, co-ordinating, educating and statistical workplace
(f) Fulfils the functions of the National Agency for the international standard numbering of documents and for the international identification of documents7[7]
(g) Fulfils tasks in the system of libraries as a scientific-technological and standardising workplace
(h) Fulfils tasks as the National Centre for interlibrary lending services, and tasks within international interlibrary lending services
(i) Fulfils tasks in the field of administration and protection of historical library documents and historical library collections
(j) Gives statements in respect to proposals for proclamation of library documents and library collections historical library documents and historical library collections and of the cancellation of such proclamations, and determines the value of such documents and collections
(k) Maintains the Central Register of historical library documents and historical library collections (hereinafter referred to as the “Central Register”) as well as records of documents and the sets of library documents deleted from the Central Register
5[5] Act No. 347:1990 (Digest) of the Slovak National Council on the organisation of ministries and other central state administration authorities in the Slovak Republic, as amended by later legislation. 6[6] For example, §19 of the Civil Code; Act No. 213:1997 (Coll.) on non-profit organisations providing generally beneficial services; §8 of Act No. 212:1997 (Coll.), as amended by Act No. 182:2000 (Coll.). 7[7] §8 of Act No. 212:1997 (Coll.), as amended by Act No. 182:2000 (Coll.).
(l) Gives statements in respect to applications for permanent export of documents or sets of documents which, considering their extraordinary value, may be proposed to be proclaimed historical library documents or historical library collections
(m) Fulfils tasks as the national workplace for the restoration, conservation, protective copying and digitisation of library documents
(n) Provides for the administration of the comprehensive catalogue of monographs and for the co- ordinated generation of comprehensive library catalogues
§ 7 The scientific library
(1) The scientific library is a legal person founded or established4 by a governmental authority, regional office or by another legal person constituted in accordance with other legislation8[8].
(2) The scientific library executes the following activities within the scope of its professional orientation:
(a) Co-ordination, research, methodology, education, consultation and statistics within the library system
(b) Accumulation, expert processing, maintenance, protection and mediation of access to indigenous and foreign scientific and professional library documents
(c) Provision of library services in support of the development of science, technology, culture and education
(d) Provision of interlibrary lending services and international interlibrary lending services (e) Discharge of duties as a deposition library relating primarily to library documents of
international organisations in accordance with international agreements (f) Discharge of duties as a conservation library (g) Administration of comprehensive library catalogues (h) Participation in the creation of the Slovak national bibliography (i) Co-ordination of the generation of bibliographies in scientific disciplines, generation of
relevant databases and mediation of access thereto, (j) Fulfilment of tasks as the National Agency for the international standard numbering of
documents and the international identification of documents7
(3) The scientific library is either a universal scientific library with universal library collections or a specialised scientific library having library collections and providing library services specialised in specific areas of science, technology and research.
(4) The University Library in Bratislava, the State Scientific Library in Banská Bystrica, the State Scientific Library in Košice, the State Scientific Library in Prešov and the Central Library of the Slovak Academy of Sciences are universal scientific libraries.
(5) The Slovak Medical Library, the Slovak Pedagogical Library and the Centre of Scientific-Technological Information of the Slovak Republic are specialised scientific libraries. The functions of a specialised scientific may also be carried out by a special library.
(6) The University Library in Bratislava is a legal person. Its founder4 is the Ministry. In addition to activities outlined in paragraph 2, the University Library executes the following tasks:
(a) Restoration, conservation, protective copying and digitisation of library documents
8[8] Act No. 74:1963 (Digest) of the Slovak National Council on the Slovak Academy of Sciences, as amended by later legislation.
(b) Fulfilment of tasks as the deposition library of the United Nations Organisation (c)) Fulfilment of tasks as the deposition library of the United Nations Educational, Scientific and
Cultural Organisation (d) Fulfilment of tasks as a conservation library and as a deposition library of successfully
defended graduation theses, provision for their national bibliographic registration (e) Administration of the comprehensive catalogue of periodical publications2 (f) Fulfilment of tasks in the field of Slovak national retrospective bibliography (g) Discharge of duties within the international interlibrary lending services
(7) The Centre of Scientific and Technological Information of the Slovak Republic is a legal person. Its founder4 is the Ministry of Education of the Slovak Republic. In addition to tasks specified in paragraph 2, the Centre executes activities as a deposition library and co-ordinator of the processing of library documents that are usually published by research institutes, universities, international organisations, public administration bodies and other legal persons and natural persons in low numbers of copies and not propagated within the distribution system of publishing houses.
§ 8 The academic library
(1) The academic library is the library of a university and of a faculty, founded pursuant to other legislation9[9].
(2) The academic library executes the following activities within the scope of its orientation:
(a) Pertinent tasks as the scientific-informational, bibliographic, co-ordinating and consulting workplace of the university or faculty
(b) Maintenance and bibliographic registration of graduate theses (c) Bibliographic registration of works published by teachers, scientists and postgraduate students
of the university or faculty (d) Provision of library services, mainly to teachers, scientists, postgraduate students and
undergraduate students of the university or faculty (e) Provision of library services to the general public under conditions specified by the founder (f) Participation in the generation, maintenance and mediation of access to comprehensive library
catalogues
(3) The academic library may also carry out functions of a specialised scientific library in cases instructed by the law or by the founder or by the establishing entity of the library [§12, paragraph 1, indent (b)].
(4) The Slovak Economic Library at the Economic University in Bratislava, the Slovak Library of Forestry and Wood Industry at the Technical University in Zvolen, and the Slovak Agricultural Library at the Slovak Agricultural University in Nitra are academic libraries, additionally fulfilling the functions of specialised scientific libraries.
§ 9 The public library
(1) The public library is a community library, district library or a regional library.
9[9] §13, paragraphs 4 and 7 of Act No. 172:1990 (Digest) on universities, as amended by Act No. 324:1996 (Coll.) of the National Council of the Slovak Republic.
(2) Communities provide for library services, depending on their resources, by founding4 communal libraries as legal persons, either through the organisational unit of a legal person founded by the community or through the organisational unit of a legal person founded by the respective municipal office, or through another library.
(3) The community library mainly executes the following activities:
(a) Generation of universal library collections, including library documents of local importance and mediation of access thereto
(b) Provision of basic library services, usually also including special library services, and mediation of access to external sources of information
(c) Organisation and realisation of cultural and educational activities
(4) The district library carries out activities in the territorial area of one or more districts. The district library is a legal person, founded4 by the Regional Office. In the location of its domicile the district library also fulfils the functions of a community library.
(5) The district library fulfils the following tasks in addition to the functions specified in paragraph 3:
(a) Generation of bibliographic and factual databases in the district and mediation of access thereto
(b) Expert processing of parallel bibliography within the area and mediation of access thereto, fulfilment of tasks connected with the co-ordination of bibliographic activities in the respective area
(c) Contractual supplementation of the library collections of community libraries (d) Processing of public library statistics (e) Provision of methodological assistance and consulting services to community libraries, to
other libraries and to their founders or establishing entities (f) Participation in the generation and maintenance of comprehensive library catalogues and
mediation of access thereto
(6) The regional library executes its activities in the territorial area of a region. The regional library is a legal person, founded4 by the Regional Office. In its domicile the regional library usually also fulfils functions of the community and district libraries.
(7) The regional library mainly executes the following activities, in addition to those specified in paragraphs 3 and 5:
(a) Provision of guidance to district libraries in the region in the form of co-ordination of activities and advice
(b) Bibliographic registration and co-ordination of bibliographic activities in the region (c) Generation of regional bibliographic and factual databases and mediation of access thereto (d) Documentation of the situation and of developments in the field of library services rendered to
the general public through the library system in the region
(8) The regional library functions, in addition to those specified in paragraphs 3 and 5, may be fulfilled by a universal scientific library when so determined by the founder.
§ 10 The school library
(1) The school library is a primary school or a secondary school component10[10]. The school library provides assistance to educating activities and to the educating process in the form of information and documentation services.
(2) The school library mainly executes the following activities:
(a) Generation of library collections assisting in the preparation, management and realisation of the educating process
(b) Provision of library services, mainly to students, teachers and other school employees (c) Provision of assistance to students, teachers and professional employees in their individual
preparations for teaching, support of their lifelong education and self-education (d) Preparation of informational education aids and programmes for the teaching of school
subjects, co-ordination of informational education in the process of teaching (e) Provision of methodological assistance to teachers in informational education within their
teaching of school subjects
(3) The school library may, with the consent of its founder, enable access to the general public and provide out-of-school library informational services.
§ 11 The special library
(1) The special library is founded4 or established6 in the form of a legal person or as the organisational unit of a legal person.
(2) The special library has specialised library collections. The special library provides library services to its founder, and with consent of the latter also to the general public.
(3) In particular, the system of special libraries includes the Parliamentary Library of the National Council of the Slovak Republic, the Slovak Library “Matej Hrebenda” for the Blind, the Library of Young People in the city of Košice, libraries of churches and religious associations, medical libraries, technical libraries, libraries of the armed forces, agricultural libraries, prison libraries, libraries of museums and galleries, and administrative and economic libraries.
T H I R D P A R T
CONDITIONS OF LIBRARY ACTIVITIES
§ 12 Rights and obligations of the founder or of the entity establishing the library
(1) The founder or the entity establishing the library has the following rights:
(a) To found or establish and to dissolve the library (b) To determine orientation of the library at the time of its foundation or establishment
(2) The founder or the entity establishing the library has the following obligations:
10[10] §45, paragraph 1 of Act No. 29:1984 (/Digest) on the system of primary and secondary schools (School Act).
(a) To issue the charter, articles of incorporation or statute of the library; the name of the latter shall include the word “library”
(b) To notify the Ministry on the foundation or establishment and on the dissolution of the library within 60 days from the day of the relevant fact
(c) To provide suitable premises for the library corresponding to the size of its collections, its scope of library services and its professional orientation
(d) To provide for financial needs and human resources of the library (e) To support the continuing education of employees of the library (f) To provide for regular supplementing, professional recording, expert processing, protection,
utilisation and accessibility of library collections (g) To support co-operation among libraries (h) To generate conditions for the integration of the library system into international library and
information systems and networks (i) To offer retired library documents or collections of the dissolved library to other libraries; in
these cases conservation libraries shall have preferential rights to acquire retired library documents
(j) To control the activities of the library
§ 13 Rights and obligations of the library
(1) The library has the following rights:
(a) To request expert assistance and guidance from the corresponding methodologically responsible library
(b) To become a member of associations of professional interest and international library and information systems
(2) The library has the following obligations:
(a) To supplement, maintain, protect and mediate access to its collections (b) To maintain records, to review and delete library documents from its collections (c) To carry out professional processing of its collections (d) To elaborate and make accessible the library rules and lending rules and to provide library
services in compliance therewith (e) To comply with conditions of the interlibrary lending service and of the international
interlibrary lending service
(3) The library reviews its collections:
(a) Regularly: 1. Collections containing up to 50 thousand library documents: by full reviews in three-
year intervals 2. Collections containing up to 100 thousand library documents: by full reviews in five-
year intervals 3. Collections containing up to 200 thousand library documents: by full reviews in ten-
year intervals 4. Collections containing more than 200 thousand library documents: by full reviews in
fifteen-year intervals. Such reviews may be accomplished in the form of partial reviews, depending on the requirements of protection of the partial library collections
(b) Extraordinarily: 1. When instructed by the founder or establishing entity 2. In cases requiring determination of the actual situation, mainly after an extraordinary
event, relocation of the library or replacement of the responsible employee
§ 14 Library collections
(1) Library collections are sets of library documents that are selected, ordered, professionally processed, maintained and made accessible in compliance with the functions of the library.
(2) Generation of collections of the library founded under other legislation4 shall be carried out without any ideological, political or religious censorship or commercial influence.
(3) The fact that the population of a community includes members of a national minority or ethnic group shall be taken into account in the course of generation of collections of the relevant public library.
(4) Library collections shall be systematically supplemented and renewed in accordance with the professional orientation and tasks of the library.
§ 15 Library services
(1) Provision of library services represents a legal relationship of a binding nature11[11].
(2) Basic library services include the lending of library documents at the premises of the library and externally, and the provision of verbal bibliographic and factual information. Basic library services are provided free of charge.
(3) Special library services mainly include the provision of written bibliographic information, background research, interlibrary lending services, international interlibrary lending services, mediation of access to external sources of information, summary studies, provision of copies of library documents12[12], translation of library documents and publication of documents. Special library services may be adequately provided with the payment of a fee.
(4) The library specifies the method, scope and fees of library services in its rules of library and rules of lending.
§ 16 The librarian
(1) The librarian is responsible for the professional activities of the library. The librarian is a university graduate or a secondary school graduate with specialised professional qualification.
(2) For the purposes of this Act specialised professional qualification is understood to be a set of theoretical knowledge and experience in the field of generally binding legal regulations relating to library activities.
§ 17
11[11] §488 of the Civic Code. 12[12] §24 of Act No. 383:1997 (Coll.) (Copyright Act), and the law amending and supplementing the Customs Act, as amended by later legislation.
Financing of libraries
(1) Libraries founded pursuant to other legislation4 are financed in accordance with other legislation13[13].
(2) The financial sources of a library not specified in paragraph 1 may include:
(a) Contributions made by the founder or establishing entity (b) Contributions made by a governmental authority or self-government to provide for the
fulfilment of national and regional tasks and to support selected professional fields of activities of the library
(c) Targeted contributions made by a governmental authority or self-government to provide for the supplementing of library collections
(d) Income acquired by rendering special library services (e) Supplementary sources
F O U R T H P A R T
HISTORICAL LIBRARY DOCUMENTS, HISTORICAL LIBRARY COLLECTIONS
§ 18 Proclamation of historical library documents and historical library collections
(1) A historical library document is a single document and a historical library collection is a set of library documents, proclaimed as such by the Ministry in compliance with this Act, except for archival documents pursuant to other legislation14[14]. A historical library document is not necessarily part of library collections.
(2) The Ministry, acting in public interests, proclaims the following documents historical documents, and sets of library documents historical library collections:
(a) Those of particular cultural and historical value, mainly including rare manuscripts, ancient and rare prints originating before 1830, Slovakicist documents before 1918 and important Slovakicist documents without time limitation
(b) Those directly relating to significant personalities or historical events
(3) The Ministry proclaims historical library documents and historical library collections by proposal of the Slovak National Library, by another legal person or by a natural person. When the proposal was submitted by another legal person or by a natural person, the Ministry shall request the Slovak National Library for statement of its position on the issue. The Ministry shall immediately act upon the proposal15[15], notify the owner or administrator of the document or set of documents accordingly, and inform him/her on the relevant rights and obligations.
(4) The owner or administrator of the document or set of library documents that may be proclaimed historical library documents or historical library collections shall, from the time of delivery of the notice on commencement of action until issuance of the relevant decision of the Ministry, protect the document or set of documents against destruction or alienation and notify the Ministry on any intended change in its ownership or administration.
13[13] Act No. 303:1995 (Coll.) of the National Council of the Slovak Republic, as amended by later legislation. 14[14] Act No. 149:1975 (Digest) of the Slovak National Council on archiving, as amended by later legislation. 15[15] Act No. 71:1967 (Digest) on administrative proceedings (Rules of Administrative Procedure).
(5) At the time of legal validity of the decision proclaiming the document or set of library documents a historical library document or historical library collection the Slovak National Library shall enter them in the Central Register and notify the owner or the administrator accordingly.
(6) The Ministry is in special cases empowered to cancel proclamation of the document or set of library documents historical library document or historical library collections. Before such cancellation the Ministry shall request the owner or administrator, and the Slovak National Library for statements on the issue.
(7) The Ministry may connect cancellation of its proclamation pursuant to paragraph 6 to the production of a copy. The expenses of copying shall be borne by the applicant or by the person in whose interests the cancellation should be effected.
(8) The Ministry shall, in the form of a decision, notify the owner or administrator on cancellation of the proclamation or on the reasons of denial of the proposed cancellation. The Slovak National Library shall delete the document or set of library documents from the Central Register and notify the owner or administrator accordingly.
§ 19 The Central Register
(1) The historical library document or historical library collections shall be entered in the Central Register within 30 days at the latest from their proclamation.
(2) After cancellation of the proclamation of the document or set of library documents a historical document or historical library collections, or after their permanent export the Slovak National Library shall delete them from the Central Register.
§ 20 Rights and obligations of the owner or administrator
of the historical library document or historical library collections
(1) The owner or administrator of the historical library document or historical library collections is entitled to the following:
(a) To utilise the informational, advisory and professional-methodological services of the Slovak National Library in the professional processing, restoration and protection of historical library documents or historical library collections, mainly in cases involving incunabula, 16th century prints and important Slovakicist documents,
(b) To request financial contribution from the Ministry for purposes of conservation and restoration of historical library documents or historical library collections. There is no legal title to the allocation of such financial contribution.
(2) The owner or administrator of the historical library document or historical library collections has the following obligations:
(a) To notify, without delay, the Slovak National Library on any intended change in the ownership or administration of the historical library document or historical library collections
(b) To notify the respective contracting party in the case of sale, rent, exchange, change in the administrator and user on the fact that the applicable historical library document or historical library collection is protected under this Act
(c) To execute care for maintenance of the historical library document or historical library collections and to protect them from threat, damage or alienation
(d) To notify, without delay, the Slovak National Library on any threat, damage or alienation of the historical library document or historical library collections
(e) To provide for safety measures in order to protect the place of location of historical library documents or historical library collections
(f) To provide for, in emergency extraordinary situations16[16], or during defence emergency of the state17[17], increased protection of historical library documents or historical library collections or to entrust them for a necessary time into the care of the Slovak National Library or of another library, or to relocate and maintain them in safekeeping at a secure place
(g) To provide for proper placement of historical library documents or historical library collections, for their expert handling, conservation and restoration
(h) To request approval of the Ministry in the case of any intended temporary export of historical library documents or historical library collections, and approval of the Government of the Slovak Republic in the case of any intended permanent export of historical library documents or historical library collections
(i) To enable access to the historical library documents or historical library collections for scientific and study purposes; such access shall be preferentially implemented in the form of microfiche or by electronic carriers, which may be produced by the Slovak National Library at the costs of the owner or administrator; when the historical library document or historical library collections are owned by a library, such access shall only be allowed at its premises and under conditions specified in the library rules and lending rules
(j) To keep records and maintain professional processing of historical library documents or historical library collections
(3) The owner or administrator of documents or sets of library documents which, due to their extraordinary value, may be proclaimed historical library documents or historical library collections shall, by request, supply the necessary data to the Slovak National Library on such documents or sets of library documents, and make them accessible for the necessary time for scientific, study and investigation purposes.
§ 21 Export of historical library documents and historical library collections
(1) The export of historical library documents or historical library collections without prior approval of the qualified authorities is prohibited.
(2) Approval for the temporary export of the historical library document or historical library collections for purposes of representation, research, restoration and exhibition is issued by the Ministry. For the purposes of this Act, temporary export is defined as export lasting in duration of three years.
(3) Approval for the permanent export of the historical library document or historical library collections is issued by the Government of the Slovak Republic by proposal of the Ministry.
(4) When the owner or administrator of the historical library document or historical library collections is a library, the application for approval for its permanent export and temporary export shall be submitted jointly with the approval of the founder or establishing entity of that library.
16[16] §3 of Act No. 42:19094 (Coll.) of the National Council of the Slovak Republic on civil defence of the population, as amended by Act No. 117:1998 (Coll.). 17[17] §5 of Act No. 40:1961 (Digest) on defence of the Czechoslovak Socialist Republic.
(5) The document or set of library documents which, due to their extraordinary value may be proclaimed historical library documents or historical library collections shall be permanently exported only with the approval of the Ministry upon prior consent of the Slovak National Library.
F I F T H P A R T
JURISDICTIONS OF THE MINISTRY
§ 22 The Ministry
The Ministry:
(a) Manages and co-ordinates the execution of state administration tasks in the field of libraries and of the protection of historical library documents and historical library collections, and determines the main directions of relevant activities
(b) Establishes legal and organisational conditions for the existence and development of the library system
(c) Generates conditions for the informatisation of libraries and their incorporation into the information system of the state
(d) Maintains the List of Libraries of the Slovak Republic and statistical records of the state on libraries18[18]
(e) Controls compliance with the provisions of this Act and with generally binding legal regulations issued connected with its execution
(f) Proclaims, and cancels the proclamation of documents or sets of library documents as historical library documents or historical library collections
(g) Issues approvals for the temporary export of historical library documents or historical library collections
(h) Submits applications to the Government of the Slovak Republic for approval for the permanent export of historical library documents or historical library collections
(i) Issues approvals for the permanent export of documents or sets of library documents which due to their extraordinary value may be proposed to be proclaimed historical library documents or historical library collections
S I X T H P A R T
RESPONSIBILITY FOR VIOLATION OF OBLIGATIONS
§ 23 Fines
(1) The Ministry may impose a fine of:
(a) Up to SKK 20 000 for the violation of obligations specified in §12, paragraph 2, indents a), b), f) and i), §13, paragraph 2, indent d)
(b) Up to SKK 50 000 for the violation of obligations specified in §13, paragraph 2, indents b), c) and e), §20, paragraphs 2 and 3
18[18] Act No. 322:1992 (Digest) of the Slovak National Council on state statistics, as amended by later legislation.
(c) (c) Up to SKK 1 500 000 for the violation of obligations specified in §21, paragraphs 1 and 5
(2) The fine shall be mainly determined under consideration of the gravity, method, duration and consequences of the illicit action and of the measure of guilt.
(3) A fine may be imposed within one year from the day when the Ministry identified the case of violation but within three years at most from the date of occurrence of the violation.
(4) The fine may be repeatedly imposed within one year from the date of compliance with the obligation, specified in the decision.
(5) The fine imposed in accordance with this Act shall be paid within 30 days from the date of legal validity of the decision on such imposition. Separate legislation15 applies to proceedings of imposition of a fine pursuant to this Act.
(6) The fine is a revenue item of the national budget.
S E V E N T H P A R T
JOINT, TRANSIENT AND CONCLUDING PROVISIONS
§ 24 Authorising provisions
(1) Details of the methods of professional record-keeping of library collections and their retirement and review pursuant to §13, details of the interlibrary lending services and international interlibrary lending services pursuant to §13, details of the methods of establishment of the national bibliographic system pursuant to §6 through §9, of historical library documents and historical library collections pursuant to §§18, 19 and 21, and of the method of construction and utilisation of the comprehensive catalogue of libraries pursuant to §6 through §9 shall be published by the Ministry in the form of generally binding legal regulations.
(2) Details of the postgraduate education of professional employees of libraries shall, in agreement with the Ministry of Education of the Slovak Republic, be determined by the Ministry and published by the latter in the form of generally binding legal regulations.
§ 25 Transient provisions
(1) A library founded or established before the effective date of this Act shall be deemed a library under this Act. The founder or establishing entity shall, within 60 days from the effective date of this Act, supply to the Ministry the data required for the List of Libraries of the Slovak Republic.
(2) Documents or sets of library documents proclaimed as cultural monuments or as national cultural monuments pursuant to other legislation19[19] are deemed historical library documents or historical library collections pursuant to this Act, and shall be entered in the Central Register within 60 days from the effective date of this Act.
19[19] Act No. 27:1987 (Digest) of the Slovak National Council on state care for historical monuments.
(3) As of 1 July 2000 the Slovak National Library in Matica slovenská, and the Memorial of National Culture shall merge to form the Slovak National Library in Martin which, from that date, transfers to the founder jurisdiction of the Ministry.
(4) As of 1 July 2000 all rights and obligations arising from labour-law relations of employees of the Slovak National Library in Matica slovenská and of the Memorial of National Culture transfer from Matica slovenská to the Slovak National Library in Martin.
(5) As of 1 July 2000 all rights and obligations arising from property law relations, including receivables and payables of the Slovak National Library in Matica slovenská and of the Memorial of National Culture transfer from Matica slovenská to the Slovak National Library in Martin. As of 1 July 2000 the administration of state property20[20] items, used by the Slovak National Library in Matica slovenská and by the Memorial of National Culture, transfers from Matica slovenská into administration by the Slovak National Library in Martin within the scope as determined in the delimitation protocol concluded between the Ministry and Matica slovenská and subsequently between the Ministry and the Slovak National Library in Martin.
§ 26 Abrogating provisions
The following is abrogated:
1. Act No. 53:1959 (Digest) on the uniform system of libraries (Library Act), as amended by Article XXV of Act No. 222:1996 (Coll.) of the National Council of the Slovak Republic, and of Article I of Act No. 296:1996 (Coll.) of the National Council of the Slovak Republic
2. Item No. 201 in the Annex to Act No. 222:1996 (Coll.) of the National Council of the Slovak Republic on the organisation of local state authorities and on the amendments and supplements to certain other laws
3. Decree No. 51:1963 (Digest) of the Ministry of Education and Culture on the records of the uniform system of libraries, on interlibrary lending services and on the first option of libraries in the acquisition of literature, magazines and other collectable materials
4. Decree No. 110:1965 (Digest) of the Ministry of Education and Culture and of the State Committee for Development and Co-ordination of Science and Technology on the records of foreign literature
Article II
Act No. 27:1987 (Digest) of the Slovak National Council on state care for historical monuments shall be supplemented as follows below:
§ 2 is supplemented with paragraph 3, worded as follows:
“(3) Documents of sets of library documents which may be proclaimed historical library documents or historical library collections pursuant to other legislation1 shall not be proclaimed cultural monuments”.
The footnote 1 shall be worded as follows:
20[20] Act No. 278:1993 (Coll.) of the National Council of the Slovak Republic on the administration of state property, as amended by later legislation.
“1 §18 of Act No. 183:2000 (Coll.) on libraries, on supplements of Act No. 27:1987 (Digest) of the Slovak National Council on the state care for historical monuments and on amendments and supplements of Act No. 68:1997 (Coll.) on Matica slovenská.”
The recent footnote 1 shall be designated footnote 1a.
Article III
Act No. 68:1997 (Coll.) on Matica slovenská shall be amended and supplemented as follows below:
1. In § 2, paragraph 1, indent (c) shall be deleted.
The recent indents (d) through (p) shall be designated indents (c) through (o).
2. In § 3, paragraph 1, indents (a) and (b) shall be deleted.
The recent indents (c) through (g) shall be designated indents (a) through (e).
3. In § 3 paragraphs 2 and 3 shall be deleted.
The recent paragraphs 4 through 8 shall be designated paragraphs 2 through 6.
4. In § 4, paragraph 1 is supplemented with indent (d), worded as follows:
“(d) The archives of Matica slovenská1”.
The footnote 1 shall be worded as follows:
“1 Act No. 149:1975 (Digest) of the Slovak National Council on archiving, as amended by later legislation.”.
Article IV
Effective date
This Act shall assume effect on 1 July 2000.
(Signatures)
Rudolf Schuster
Jozef Migaš
Mikuláš Dzurinda
Date of last completion of information: on October 30th, 2000