Legge 26 marzo 1991

Legge 26 marzo 1991: Law “On Archives” (amended: 21 October 1993)

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The Republic of Latvia Law “On Archives” determines the basic principles for the formation, preservation, use and management of the National Archival Fonds of Latvia.
The National Archival Fonds of Latvia consists of documents originated in the process of the national, economic, political, social and cultural development of the Latvian nation and those national groups which have lived or still live in Latvia, and which contain information significant to the public, regardless of the place and time such documents were made or their method of perpetuation.

TERMS USED IN THE LAW

Archives administration – a sector of state and public activity involving the organization of the storage and use of all documents of the archives.
Archival fonds – an accumulation of documents formed during the operations of an institute or a person to be kept by the State Archives.

Certified copy of a document – a copy of a document certified by the State Archives.

Document – fixation of artefacts of objective reality and information about human ideas through characters, graphics, photography, sound recording and other means on any type of information carrier (paper, film, disk etc.).

Article 1 – National Archival Fonds of Latvia

The National Archival Fonds of Latvia includes:

1) The State Archival Fonds. This fond consists of documents accumulated by the state archives, other state record centers, institutions of higher and local state authority and administration, the courts, arbitration, office of the public prosecutors, other state institutions, enterprises and organizations (regardless of subordination);

2) The Public Archival Fonds of social, cooperative and religious organizations and other legal entities. This fond is formed of documents with informative value accumulated during the operations of social, cooperative and religious organizations, public movements, creative associations and organizations, business enterprises and other legal entities;

3) records (documents) of physical persons. This fond is formed of documents with informative value accumulated during the life and activities of physical persons, their families and ancestors.
The National Archival Fonds of Latvia is a national treasure of the Republic of Latvia and is placed under its jurisdiction. The forming and preservation of the National Archival Fonds of Latvia is the duty of all state institutions and social organizations and each citizen of the Republic of Latvia.

Article 2 – Property of the National Archival Fonds of Latvia

The State Archival Fonds is state property of the Republic of Latvia. Documents of the State Archival Fonds are not subject to purchase or sale or to other transactions as a result of which the ownership rights of the state to such documents are breached.
The archives of social, cooperative and religious organizations and other legal entities are the property of those legal entities. The transfer of ownership rights of the archives of a legal entity to another entity (person) must be coordinated with the supervisory institutions of the National Archival Fonds of Latvia.
The archives (documents) of physical persons are the private property of those persons. The State Archives may obtain these into its ownership pursuant to an agreement with their owners. If documents or all the archives of a physical person are sold at auction, the State Archives have the first right to purchase the same at the bid price.
If the owner of an archive is unknown or if he/she has lost his/her ownership rights to the property, or if an archive has become ownerless property, the archive becomes state property as provided by law.
If social, cooperative and religious organizations or other legal entities fail to report their archives or fail to ensure their preservation and use in accordance with proper provisions; such archives may be expropriated as provided by law and transferred into state property. The costs related to the processing of such documents shall be borne by the previous owner of the archives.

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Article 11 – Archives of social, cooperative and religious organizations and other legal entities

The accumulation, recording and preservation of the archives of public, cooperative and religious organizations and other legal entities shall be ensured by the holder of the archives, observing the provisions of the state supervisory institutions of the National Archival Fonds of Latvia.
Social, cooperative and religious organizations and other legal entities may transfer their archives to the state archives for permanent or depository preservation.

Article 12 – Transfer of the archives of institutions of state authority and administration, enterprises and organizations, as well as social, cooperative and religious organizations and other legal entities, to be liquidated and reorganized

If institutions of state authority and administration, enterprises and organizations, and also social,
cooperative and religious organizations, businesses and other legal entities are liquidated or reorganized, the transfer of their archives for further preservation shall be coordinated with state supervisory institutions of the National Archival Fonds of Latvia.
The heads of respective institutions, enterprises or organizations and other legal entities shall be responsible for the preservation and transferring for further preservation of the archives of the institution, enterprise or organization and other legal entities to be liquidated or reorganized.

Article 13 – Recording of the National Archival Fonds of Latvia

State supervisory institutions of the National Archival Fonds of Latvia shall list in the central catalogue of the National Archival Fonds of Latvia the material in the archives of state institutions, enterprises and organizations, and also social, cooperative and religious organizations and other legal entities. The aforementioned organizations shall submit records in accordance with duly provided forms to the state supervisory institutions of the National Archival Fonds of Latvia annually.
The central catalogue may list material and collections of physical persons of special significance to the history and culture of Latvia, if the holder of the material agrees to it.

Article 14 – Financing the National Archival Fonds of Latvia

The Cabinet of Ministers of the Republic of Latvia shall ensure and finance the operations of the state archives and the forming of their material and technical base. Voluntary donations and other income may supplement finances of the state archives. Local governments shall support the ensuring of the material and technical base of the state archives.
Other state depositories, as well as state institutions, enterprises and organizations must maintain their archives at their own expense.
Archives of social, cooperative and religious organizations and other legal entities are maintained at the cost of the holders of such material.
The state may assist holders of archives (documents) of legal entities and physical persons from its collections.

Article 15 – Use of documents of the National Archival Fonds of Latvia

Citizens of Latvia and of other states; institutions, enterprises and organizations are entitled to use documents of the National Archival Fonds of Latvia as authorized.
All materials of the archives may be used in the reading rooms free of charge, except for additional services provided.
Documents in the possession of social, cooperative and religious organizations and other legal entities may be used with their consent only.
Citizens may request information from state archives, state institutions, enterprises, organizations and other legal entities regarding themselves, their dependents and deceased relatives.
State archives shall provide such information upon the request of citizens and institutions based on all of the documents at their disposal.
State institutions, enterprises, organizations, also social, cooperative and religious organizations and other legal entities shall provide information based on the documents originated in the course of the operations of these institutions. These archives shall keep personnel files for 75years until transfer to the state archives Documents containing secret information may be used in the procedure provided by laws of the Republic of Latvia.

Article 16 – Prohibition to destroy documents of the National Archival Fonds of Latvia

It is forbidden to destroy documents of the National Archival Fonds of Latvia, documents of social, cooperative and religious organizations and other legal entities without the permission of state supervisory institutions of the National Archival Fonds of Latvia. The procedure for destroying documents is determined by the state supervisory institutions of the National Archival Fonds of Latvia.

Article 17 -Prohibition to take documents of the National Archival Fonds of Latvia out of the state

It is forbidden to take out of the territory of the Republic of Latvia the State Archival Fonds and/or documents and copies of archives of social, cooperative and religious organizations and other legal entities.
State supervisory institutions of the National Archival Fonds of Latvia provide the procedure for taking certified copies of documents out of the Republic of Latvia.

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