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Teksta versija
LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 12.10.2018.–15.07.2019.
Amendments not included: 20.06.2019.
Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:

1 June 1993 [shall come into force from 24 June 1993];
2 December 1993 [shall come into force from 8 December 1993];
9 February 1995 [shall come into force from 11 March 1995];
15 November 2001 [shall come into force from 18 December 2001];
6 November 2003 [shall come into force from 5 December 2003];
28 April 2005 [shall come into force from 25 May 2005];
23 October 2008 [shall come into force from 1 January 2009];
12 November 2009 [shall come into force from 15 December 2009];
28 October 2010 [shall come into force from 1 December 2010];
20 December 2012 [shall come into force from 23 January 2013];
17 December 2015 [shall come into force from 19 January 2016];
7 April 2016 [shall come into force from 1 January 2017];
17 May 2018 [shall come into force from 13 June 2018];
20 September 2018 [shall come into force from 12 October 2018].

If a whole or part of a section has been amended, the date of the amending law appears in square brackets at the end of the section. If a whole section, paragraph or clause has been deleted, the date of the deletion appears in square brackets beside the deleted section, paragraph or clause.

The Saeima1 has adopted and
the President has proclaimed the following law:

On Protection of Cultural Monuments

Protection of cultural monuments is a system of measures, which ensures preservation of the cultural and historical heritage and encompasses the registration, research, practical preservation thereof, and use of cultural monuments and popularisation thereof.

Chapter One
General Provisions

Section 1. Subject of This Law

Cultural monuments are a part of the cultural and historical heritage - cultural and historical landscapes and individual territories (ancient burial sites, cemeteries, parks, places of historical events and the activities of famous persons), as well as individual graves, groups of buildings and individual buildings, works of art, facilities and articles with historical, scientific, artistic or other cultural value and the preservation of which for future generations is in conformity with the interests of the State and people of Latvia, as well as international interests.

Section 2. Types of Cultural Monuments

The types of cultural monuments are as follows:

1. Immovable cultural monuments:

- individual objects - buildings, works of art, facilities and articles, individual burial sites; and

- complex objects - archaeological sites, architectural ensembles and complexes, historical town and other populated area centres, streets, squares, blocks, cultural layer, cemeteries, cultural and historical landscapes, memorial places, and historical places and territories.

2. Movable cultural monuments:

- individual objects - archaeological finds, antiquities, elements of immovable monuments, historical relics, works of art, manuscripts, rare printed matter, cinema documents, photo-documents and video-documents, phonograms; and

- complex objects - historically evolved complexes, holdings and collections of separate objects which objects have an indivisible cultural and historical value.

Objects which have survived in their initial state, as well as separate parts and fragments thereof shall be recognised as cultural monuments.

Antiquities are objects created as a result of intentional act of a human being - artefacts (for example, jewellery, weapons, tools, household objects, ceramic articles, coins in intact form or as fragments), which have been found in the ground, above the ground or in water.

[20 December 2012]

Section 3. Prohibition to Destroy, Move or Modify Cultural Monuments

It is prohibited to destroy cultural monuments. Immovable cultural monuments may be moved or modified only in an exceptional case with the permission of the National Heritage Board of the Ministry of Culture (hereinafter - the National Heritage Board). Modification of a cultural monument or replacement of the original parts thereof with new parts shall be permitted only if it is the best way to preserve the monument or if the cultural and historical value of the monument does not decrease as a result of the modification.

[9 February 1995; 17 May 2018]

Section 3.1 Actions with Antiquities

It is prohibited to alienate, acquire, store, move, and forward antiquities which belong to the State of Latvia in accordance with the provisions of Section 7, Paragraph four of this Law.

[17 May 2018]

Section 4. Prohibition to Export Cultural Monuments

It is prohibited to export cultural monuments, including antiquities, that belong to the State of Latvia in accordance with the provisions of Section 7, Paragraph four of this Law from the Republic of Latvia. Temporary export of cultural monuments, including antiquities, that belong to the State of Latvia in accordance with the provisions of Section 7, Paragraph four of this Law shall be possible only with a permission of the National Heritage Board in accordance with procedures stipulated by the Cabinet.

A State fee shall be paid for the temporary export permit of cultural monuments, including State-owned antiquities, from the Republic of Latvia. The amount of the State fee, its payment procedures, and also the reliefs for and exemptions from the State fee shall be determined by the Cabinet.

[9 February 1995; 15 November 2001; 20 December 2012; 7 April 2016; 17 May 2018]

Section 5. State Administration in Respect of Protection and Use of Cultural Monuments

State administration in respect of the protection and use of cultural monuments shall be ensured by the Cabinet and shall be implemented by the National Heritage Board.

Administrative provisions - instructions issued by the National Heritage Board within the scope of its competence laid down in laws and Cabinet regulations regarding the use and preservation of each individual cultural monument shall be binding on the owner (possessor) of the relevant cultural monument.

The Cabinet shall issue regulations regarding the registration, protection, use and restoration of cultural monuments.

The National Heritage Board may delegate to a local government those administrative tasks which are related to the protection and use of immovable cultural monuments of local significance by entering into a delegation contract in accordance with the procedures laid down in laws and regulations for one year, if a service for cultural heritage protection that can provide supervision and control conforming to the heritage preservation interests and laws and regulations and where specialists in the relevant field of cultural heritage protection are employed has been established in the local government, and if the local government agrees to provide the financing necessary for fulfilling the delegated tasks.

Establishment of a cultural heritage protection service of a local government must be ensured in the administrative territories of local governments where the number of cultural monuments of local significance exceeds 300 objects.

[9 February 1995; 15 November 2001; 28 October 2010; 17 May 2018]

Section 6. Regional Offices of the National Heritage Board

In order to provide the supervision and control of cultural monuments, the National Heritage Board shall establish regional offices of the National Heritage Board whose inspectors shall be directly subjected to the National Heritage Board and shall work in accordance with the regulations.

[23 October 2008; 17 May 2018]

Chapter Two
Ownership Rights and Use of Cultural Monuments

Section 7. Ownership Rights to Cultural Monuments

The State, local governments, public persons, as well as private individuals may own cultural monuments in the Republic of Latvia.

An owner of a cultural monument has the obligation to corroborate a restriction on the ownership rights to the cultural monument in the Land Register. Such a notation may also be made on the basis of a request of the National Heritage Board.

If an immovable property is a cultural monument, this shall be a sufficient ground for making the relevant notation in the Land Register. The notation shall be made within 10 days from receipt of the submission from the National Heritage Board or concurrently with registration of the ownership rights. Lists of immovable cultural monuments shall be submitted to the Land Registry offices by the relevant regional office of the National Heritage Board.

Antiquities found in archaeological sites in the ground, above the ground or in water (dated until 17th century included) shall belong to the State, and they shall be stored by public museums. This provision shall not apply to antiquities on which the person has reported to the National Heritage Board until 30 March 2013, as well as to antiquities the legal origin of which has been proved by the person after 30 March 2013 and has received a written certification from the National Heritage Board thereon.

[9 February 1995; 23 October 2008; 20 December 2012; 17 May 2018]

Section 8. Transactions with Cultural Monuments

If an owner of a cultural monument of State significance alienates the cultural monument, the State shall have the right of first refusal. The decision on exercising the right of first refusal by the State or refusal to exercise the right shall be taken by the National Heritage Board. The procedures by which the National Heritage Board shall take the relevant decision, as well as the procedures and time periods for exercising the right of first refusal in relation to cultural monuments of State significance shall be determined by the Cabinet.

It is prohibited to alienate separate parts of one cultural monument or a complex of monuments, and also to divide or join land if, as a result, preservation of a cultural monument is endangered.

A cultural monument may be alienated, if the owner has notified the National Heritage Board of the intention to alienate it, an inspector of the relevant regional office, where necessary, has inspected the cultural monument, and its future owner has received instructions from the National Heritage Board for the use and preservation of the cultural monument, and these instructions have been explained to him or her.

[9 February 1995; 23 October 2008; 28 October 2010; 17 May 2018]

Section 9. Procedures for Allotting Land Parcels on which Cultural Monuments are Located

Land parcels on which cultural monuments are located shall be allotted for use or shall be acquired in accordance with procedures laid down in legislative acts regarding land only if the potential user or owner has been acquainted with the instructions for the use and preservation of the relevant cultural monument.

[9 February 1995]

Section 10. Restriction of Economic Activity in Cultural Monuments

Economic activity and any other type of activity in cultural monuments (their territories, zones, museum reserves, national parks, etc.) which may affect the preservation of cultural monuments, access thereto, or visual perceptibility, as well as the use of pictures and symbols of cultural monuments for commercial purposes shall be permitted only with the consent of the owner of the cultural monument.

[17 May 2018]

Section 11. Preservation of Cultural Monuments

Natural persons and legal persons shall ensure that cultural monuments in their ownership (possession) are preserved. The possessors thereof shall ensure preservation of cultural monuments owned by the State.

An owner (possessor) of a cultural monument shall have the following obligations:

1) to comply with legislative enactments and other laws and regulations, as well as instructions of the National Heritage Board for the use and preservation of cultural monuments;

2) to inform the National Heritage Board of any damage suffered by the cultural monument in his or her ownership (possession);

3) to inform the National Heritage Board, in due time, of construction intentions and any economic activity which transforms the cultural monument, its surrounding environment within the borders of the protection zone, or which may affect the preservation of the cultural monument, access to such monument, or its visual perceptibility.

[9 February 1995; 17 May 2018]

Chapter Three
State Registration of Cultural Monuments

Section 12. Organisation of State Registration of Cultural Monuments

Cultural objects of value which lay claim to inclusion in the list of State protected cultural monuments shall be subject to State registration irrespective of the fact who owns, possesses or uses such objects of value. State registration of monuments shall encompass assessment and inspection of monuments, determination of the historical, scientific, artistic, architectonic, archaeological, ethnographic or other cultural value thereof, recording and research thereof, and preparation of registration documents, as well as the inclusion thereof into the State information system - the State Protected Cultural Monuments Register. The State Protected Cultural Monuments Register shall be maintained and updated by the National Heritage Board.

[6 November 2003; 17 May 2018]

Section 13. Right to Inspect Objects which Have Cultural Value

The National Heritage Board has the right to inspect objects that have cultural value in order to decide whether to enter such objects in the national register.

[9 February 1995; 17 May 2018]

Section 14. State Protected Cultural Monuments

Cultural monuments, in conformity with their historical, scientific, artistic or other cultural value, are classified into cultural monuments of State, regional and local significance, and shall be included in accordance with the procedures stipulated by the Cabinet as cultural monuments of State, regional or local significance in the list of State protected cultural monuments. The National Heritage Board shall inform the owner (possessor) of an object in writing regarding a proposal to grant the status of a protected cultural monument of State or regional significance to the relevant object. The owner (possessor) of the object shall, within 30 days after receipt of the notification, inform the National Heritage Board in writing of his or her opinion. Having evaluated the opinion of the owner (possessor) of the object, the National Heritage Board shall submit to the Minister for Culture a proposal for granting the status of a cultural monument to the object and its inclusion in the list of State protected cultural monuments.

The proposal for granting the status of a cultural monument of local significance to the object and its inclusion in the list of State protected cultural monuments shall be submitted to the Minister for Culture by the local government of the relevant administrative territory. The local government shall inform the owner (possessor) of the object in writing of the proposal to grant the status of a cultural monument of local significance to the relevant object. The owner (possessor) of the object shall, within 30 days after receipt of the notification, inform the National Heritage Board in writing of his or her opinion. The local government shall prepare and co-ordinate with the National Heritage Board the documentation necessary for the inclusion of the object in the list of State protected cultural monuments. The National Heritage Board is also entitled to submit the proposal for granting the status of a cultural monument of local significance to the object and its inclusion in the list of State protected cultural monuments to the Minister for Culture by informing the relevant local government thereof in writing and ascertaining the opinion of the owner (possessor) of the object in accordance with the procedures laid down in Paragraph one of this Section.

The proposal to include cultural monuments of local significance in the list of State protected cultural monuments, if similar or related objects are located in several local governments, shall be developed by the National Heritage Board which shall also provide recommendations for the preservation and use of such objects.

Objects of national or international significance with outstanding scientific, cultural and historical, or educating significance may be included in the list of State protected cultural monuments as a cultural monument of State significance.

Objects with a special scientific, cultural and historical, or educating significance characteristic to a particular region of Latvia may be included in the list of State protected cultural monuments as a cultural monument of regional significance.

Objects with scientific, cultural and historical, or educating significance which is characteristic to the territory of a particular local government may be included in the list of State protected cultural monuments as a cultural monument of local significance.

The supervision of the preservation of cultural monuments of local significance shall be ensured by the local government.

The National Heritage Board may specify more accurately the borders of the territories of State protected cultural monuments, including upon initiative of the owner of the cultural monument. The National Heritage Board shall, not later than within one month, send the information regarding the updated borders to the land owner and the local government in writing.

The list of State protected cultural monuments and amendments thereto shall be approved by the Minister for Culture. The list of State protected cultural monuments, as well as amendments thereto shall be published in the official gazette Latvijas Vēstnesis. An object shall acquire the status of a State protected cultural monument on the day following the publication of the relevant information in the official gazette Latvijas Vēstnesis.

Upon a request of the owner (possessor) of the object, the National Heritage Board shall issue an immovable cultural monument protection plaque thereto which shall be attached by the owner (possessor) of the object to the cultural monument in a visible place. Placement of the plaque shall be mandatory for cultural monuments - buildings and structures - of public access. An instruction sign may be installed at the roads which lead to a cultural monument of public access.

Explanatory informative plaques may be placed at objects which do not conform to the status of State protected cultural monuments, however, which have been placed as monuments or memorial sites at places of public significance. The relevant local government or the owner of the monument shall be responsible for the placement of the informative plaques. The Cabinet shall determine the procedures by which informative plaques shall be placed and the information to be indicated on them.

The consent of the owner (possessor) shall not be necessary for the inclusion of an object in the list of State protected cultural monuments. He or she shall be granted with tax relief or compensation for losses if such have occurred as a result of restrictions on the use of the land or the object.

Marking of cultural monuments and the territories thereof in the plans of administrative territorial units and documents of State cadastral surveys shall be ensured by the State Land Service with State budgetary resources.

Decisions of the Minister for Culture referred to in Paragraph nine of this Section may be appealed in accordance with the procedures laid down in the Administrative Procedure Law. The appeal of the decisions shall not suspend the operation thereof.

[17 May 2018]

Section 15. Loss of the Status of State Protected Cultural Monument

If an object has completely lost the value of a cultural monument, the National Heritage Board shall submit a proposal for approval by the Minister for Culture to exclude the relevant object from the list of State protected cultural monuments. A cultural monument shall be excluded from the list of State protected cultural monuments in accordance with the procedures stipulated by the Cabinet. An object shall lose the status of a State protected cultural monument on the day following the publication of the relevant information in the official gazette Latvijas Vēstnesis.

[15 November 2001; 20 December 2012; 17 May 2018]

Section 16. Specially Protected Cultural Monuments

Ensembles and complexes of cultural monuments having particular historical, scientific or artistic value, upon a decision of the Cabinet may be declared cultural monument reserves that shall be protected in accordance with a by-law for each such reserve. The Cabinet shall approve by-laws for cultural monument reserves.

[2 December 1993]

Section 17. Protection of Newly-discovered Cultural Monuments

Newly-discovered objects, having historical, scientific, artistic or other cultural value, irrespective of the ownership thereof, shall be under State protection until the decision to include such objects in the list of State protected cultural monuments has been taken, but not more than six months from the day the owner of the object was informed thereof.

The finder shall, without delay, but not later than within five days, notify the National Heritage Board in writing of the objects found in the ground, above the ground, in water, in buildings or parts and remains thereof and which might have historical, scientific, artistic or other cultural value, as well as of the location and conditions thereof.

[9 February 1995; 20 December 2012; 17 May 2018]

Section 18. State Protection of Cultural Values Found in Museums, Libraries and Archives

State registration and protection of cultural values found in museums and libraries shall be performed in accordance with procedures provided for in legislative acts of the Republic of Latvia regarding museum and library holdings. The procedures for registration of documentary monuments are determined in the Law on Archives.

[20 December 2012]

Section 18.1 Exportation of Art and Antique Articles from the Republic of Latvia and Importation Thereof into the Republic of Latvia

Procedures for the export from and import into the Republic of Latvia of art and antique articles shall be regulated by Cabinet regulations.

Categories of such art and antique articles for the export or temporary export from the Republic of Latvia of which a permit is required from the National Heritage Board shall be determined by the Cabinet.

A person is entitled to receive a certified statement from the National Heritage Board on the fact that the relevant art or antique article does not belong to the category of art and antique articles for the export or temporary export from the Republic of Latvia of which a permit is required from the National Heritage Board.

A State fee shall be paid for the export permit or the temporary export permit of art or antique articles from the Republic of Latvia. The amount of the State fee, its payment procedures as well as the State fee relief and exemptions thereof shall be determined by the Cabinet.

[15 November 2001; 7 April 2016; 17 May 2018]

Section 18.2 Return of Illegally Exported Art and Antique Articles

An action may be brought to a court regarding the return of an illegally exported art or antique article to the country from which it has been exported if the exportation of the art or antique article from the relevant country is illegal also at the time of bringing the action.

The right to claim for an illegally exported art or antique article shall expire:

1) within 30 years after it was illegally exported;

2) after 75 years if it is subject to special protection;

3) after more than 75 years if such time period has been provided for in a mutual agreement with the relevant country binding on the Republic of Latvia.

A claim for the return of an illegally exported art or antique article may be brought to a court not later than within three years from the day when the information regarding the location or owner, possessor or holder of the art or antique article was received.

Procedures for the return of illegally exported art or antique articles shall be governed by Cabinet regulations. This regulation shall apply also to such art or antique articles that have been illegally exported from the territory of the relevant country until the date of coming into force of this regulation.

If the court decides on the return of an illegally exported art or antique article, its owner, possessor or holder shall have the right to a just compensation in accordance with the circumstances of the case if he or she proves that in obtaining the relevant article he or she has acted with due diligence taking into account all acquisition conditions, especially the documents attesting to the origin of the article, the necessary export permits in accordance with the national law of the requesting Member State, the characterisation of the parties involved in the deal, the price paid, and whether the owner, possessor or holder has checked the registers of stolen cultural articles and any other relevant information which he or she could have reasonably obtained and whether he or she has taken any other measures that a person as a careful and honest owner would have taken in such a situation.

[15 November 2001; 6 November 2003; 17 December 2015]

Section 18.3 Erecting of Monuments and Establishment of Memorial Sites

Monuments and memorial signs may be erected, and memorial sites may be established in open public space for historical events and persons, if there is a historical justification and the architectonic, artistic, and design quality is ensured in implementation of the intent.

The Ministry of Environmental Protection and Regional Development in co-operation with the Ministry of Culture and the Ministry of Defence shall establish an advisory council for the evaluation of monuments, memorial signs, and memorial sites and for the provision of an opinion. The documentation for the establishment of monuments, memorial signs, and memorial sites shall be co-ordinated by the local government. Control over the arrangement of military burial sites and the establishment of memorial signs and memorial sites related to military events shall be ensured by the Ministry of Defence.

The procedures by which monuments and memorial signs dedicated to historical events and persons are erected, as well as memorial sites are established, and the procedures by which the advisory council referred to in Paragraph two of this Section is established, as well as the tasks of the council shall be determined by the Cabinet.

[17 May 2018]

Section 19. Use of Cultural Monuments

Cultural monuments shall, as a priority, be used for purposes of science, education and culture. Use of cultural monuments in economic activities shall be permitted only if such activity does not damage the monument, and does not reduce the historical, scientific and artistic value thereof.

Chapter Four
Preservation of Cultural Monuments

Section 20. Procedures for Entering into Effect of Instructions of the National Heritage Board

An inspector of the National Heritage Board shall, in accordance with the procedures laid down in laws and regulations, notify the instructions for the use and preservation of the relevant cultural monument to the owner (possessor) of the cultural monument.

[17 May 2018]

Section 21. Procedures for the Research, Conservation, Restoration and Renovation of Cultural Monuments

Cultural monuments shall be conserved, restored, and renovated only with a written permission of the National Heritage Board and under its control.

Research works of cultural monument which may lead to modification of the cultural monument, as well as archaeological research may be performed only with a written permission of the National Heritage Board and under its control.

It is prohibited to use devices for the detection of metal objects and material density (for example, metal detectors) in research of cultural monuments, except when it has been permitted by the National Heritage Board.

It is prohibited to carry out activities modifying the cultural monument and to use devices for the detection of metal objects and material density (for example, metal detectors) in a cultural monument without the permission of the owner (possessor) of immovable property.

The conservation and restoration works of cultural monuments shall be performed by specialists, restorers, and craftsmen having the appropriate qualification, if it is requested by the National Heritage Board.

[20 December 2012; 17 May 2018]

Section 22. Preservation of Cultural Monuments during Construction and Other Works

Before commencing construction, land amelioration, road construction, extraction of mineral resources, and other economic activity the commissioning party thereof must ensure surveying of cultural values in the area of intended activity. Natural persons and legal persons who as a result of economic activity discover archaeological or other objects with cultural and historical value shall immediately notify the National Heritage Board thereof, and further activity shall be suspended.

[17 May 2018]

Section 23. Cultural Monument Protection Zones

In order to ensure protection of cultural monuments, cultural monument protection zones are determined for immovable cultural monuments. The consent of the user or owner of the land shall not be required to create such zones. Zones and their maintenance regimes shall be determined by the National Heritage Board. The protection zone around cultural monuments for which no protection zones have been determined and around newly-discovered cultural monuments in rural populated areas shall be at a distance of 500 metres, but in towns - at a distance of 100 metres. Any activity within the protection zone of cultural monuments which affects the cultural and historical environment (for example, construction, artificial modification of terrain, forest management activity, retrieval of such previously unidentified objects which might have historical, scientific, artistic or other cultural value from the ground or water) may be performed only with the permission from the National Heritage Board. For cultural monuments which do not require a protection zone within the distance specified in the law, the National Heritage Board may reduce it in co-operation with the local government. If increasing of the protection zone is necessary, the National Heritage Board shall determine it in accordance with the procedures stipulated by the Cabinet.

The head of the National Heritage Board, taking into account Cabinet regulations, may determine environment-degrading objects that are located within the cultural monument protection zones. Such objects shall be designated for demolition and further development thereof shall not be permitted.

It is prohibited to carry out modifying activities and to use devices for the detection of metal objects and material density (for example, metal detectors) in the protection zone around a cultural monument without the permission of the owner (possessor) of immovable property.

[9 February 1995; 20 December 2012; 17 May 2018]

Section 24. Financing of Cultural Monument Preservation

Conservation, maintenance, renovation and restoration of a cultural monument shall be performed by the owner (possessor) of the cultural monument at his or her own expense.

Upon proposal of the National Heritage Board, funds shall be allocated from the State budget for the surveying of cultural values, research, popularisation of cultural monuments, and other measures related to the preservation of cultural monuments. The National Heritage Board shall prepare a draft programme for the conservation and restoration of cultural monuments and submit it to the Minister for Culture for approval. After approval of the programme for the conservation and restoration of cultural monuments the National Heritage Board shall, in accordance with open tendering procedures, allocate funds to conservation and restoration of such cultural monuments of State and regional significance which are available for public viewing. Funds from local government budgets shall be allocated for the conservation and restoration of such cultural monuments of regional and local significance which are available for public viewing. In accordance with the procedures specified in their binding regulations, local governments have the right to allocate funds from the local government budget for the conservation and restoration of the cultural monuments of State significance which are available for public viewing. Public availability of cultural monuments for the conservation and restoration of which State financing has been received shall be preserved for not less than 25 years, except for the cases specified in other laws.

If the commissioning party is not the National Heritage Board, it shall, in each specific case, enter into agreement with the owner (possessor) of the relevant cultural monument on the allocation of State budgetary funds for research on cultural monuments and conservation and restoration of cultural monuments of State significance, as well as control the use of such funds. Research work required due to building, land amelioration, road construction and performance of other economic activity, shall be financed by the performer of work at the expense of the commissioning party.

[9 February 1995; 20 December 2012; 17 May 2018; 20 September 2018]

Section 25. Use of Funds Obtained from the Use of Cultural Monuments

Funds obtained by local governments from the lease of cultural monuments, deductions from the profit obtained as a result of commercial activity related to cultural monuments, as well as compensation for losses caused to the cultural monument shall be transferred to the revenue of the special budget of a local government. Such funds are permitted to be used only for research, conservation, renovation and restoration of cultural monuments.

[9 February 1995; 23 October 2008]

Chapter Five
Supervision and Control of Compliance with Legislative Acts Regarding Cultural Monuments and Liability for Violations of Legislative Acts on Cultural Monuments

Section 26. State Supervision and Control of Cultural Monument Protection

The National Heritage Board is a direct administration institution subordinate to the Ministry of Culture that implements State control in cultural monument protection, performs survey and research of cultural heritage, and registration of monuments. The Cabinet shall approve the by-laws of the Board.

The National Heritage Board of the Ministry of Culture of the Republic of Latvia has the right to:

1) without hindrance verify compliance with legislative acts regarding protection of cultural monuments in any object throughout the Republic of Latvia irrespective of the fact who owns or uses the monument;

11) in the cases specified in the law to provide opinions to institutions regarding the maintenance of a cultural monument in accordance with the requirements for the protection of cultural monuments;

2) suspend any economic activity in the immediate proximity of cultural monuments or in the their protection zone, or restrict traffic in cases where regulations regarding the protection of cultural monuments are violated and cultural monuments are endangered, until the moment when threats to the cultural monument have been eliminated;

3) propose that implementation of decisions of officials or local government institutions be suspended if such decisions are contrary to legislative acts on the protection of cultural monuments, until such decisions are examined anew in accordance with procedures laid down in law;

4) propose that banking institutions discontinue funding of such activities, in the performance of which legislative acts on the protection of cultural monuments are violated;

5) bring an action against natural persons and legal persons in respect of payment for losses if such persons have caused harm to a cultural monument;

6) draw up an administrative violation report regarding violation of regulations on the protection of cultural monuments, examine administrative violation matters and impose administrative sanctions;

7) examine antique and commission shops, art galleries and auctions of cultural values in order to prevent illegal transactions with cultural monuments or their details, as well as with archaeological antiquities or, if necessary, take the monuments under State protection as cultural values;

8) equip vehicles of the Inspection with special lights and warning devices, and use graphical design of colours and inscriptions;

9) carry out expert examination of cultural monuments including those antiquities which in accordance with Section 7, Paragraph four of this Law belong to the State, and also expert examination of art and antique articles;

10) take part in the work of the customs service by controlling the legality of exportation of cultural monuments;

11) issue export permits or temporary export permits of cultural monuments from the Republic of Latvia including those antiquities which in accordance with Section 7, Paragraph four of this Law belong to the State, also export permits or temporary export permits of art and antique articles;

12) upon a request of a person, issue a certified statement on the fact that a permit from the National Heritage Board for the export or temporary export of the relevant art or antique articles from the Republic of Latvia is not required.

[9 February 1995; 28 April 2005; 20 December 2012; 7 April 2016; 17 May 2018]

Section 27. Procedures for the Alienation of Cultural Monuments

Immovable cultural monuments, which are necessary for ensuring public needs, including such immovable cultural monuments, the owner of which fails to ensure the preservation thereof, may be alienated in accordance with the procedures specified in the Law on Compulsory Alienation of Immovable Property Necessary for Public Needs.

Movable cultural monuments the owner of which fails to ensure the preservation thereof may be alienated by judicial process upon proposal of the National Heritage Board.

[28 October 2010; 17 May 2018]

Section 28. Cultural and Historical Value of Cultural Monuments

The cultural and historical value may be determined for each cultural monument to which harm has been caused. It shall be carried out by the National Heritage Board. Compensation for damage caused to a cultural monument shall be calculated in conformity with the cultural and historical value determined for such cultural monument.

[9 February 1995; 17 May 2018]

Section 29. Public Control of Cultural Monument Protection

[9 February 1995]

Section 30. Liability for Violation of Legislative Enactments regarding Protection of Cultural Monuments

Transactions with cultural monuments which are carried out in violation of the procedures laid down in law, shall be deemed invalid.

For failure to fulfil regulations in respect of protection, use, registration, restoration and renovation of cultural monuments, violation of the protection zone regime for cultural monuments, and other violations laid down in legislative acts, persons shall be held criminally, administratively or otherwise liable in accordance with legislative acts of the Republic of Latvia.

Section 30.1 Archives of the National Heritage Board

The documentation drawn up by the National Heritage Board and upon its assignment regarding State protected cultural monuments and objects of cultural and historical value shall be considered a part of the national cultural heritage and is accumulated, as an aggregate of documents, in the archives of the National Heritage Board. Such documents shall be used in conformity with the provisions of copyright, personal data protection, and other laws and regulations.

[17 May 2018]

Chapter Six
Application of International or Bilateral Agreements

Section 31. Fulfilment of Obligations Arising from International or Bilateral Agreements

The Republic of Latvia shall participate in the work of international organisations and may enter into separate agreements with foreign states in respect of issues regarding protection of cultural monument and registration thereof, specialist training and information exchange.

If the provisions of international or bilateral agreements regarding protection, use or restoration of cultural monuments are contrary to legislative acts regarding cultural monuments of the Republic of Latvia, the provisions of international or bilateral agreements shall apply.

Transitional Provisions

[28 October 2010]

1. The Cabinet shall issue the regulations referred to in Section 8, Paragraph one of this Law by 30 June 2011.

2. Amendments to Section 8, Paragraph one of this Law (on the procedures for exercising the right of first refusal by the State in case of alienation of cultural monuments of State significance) shall come into force on 1 July 2011.

3. A person who has an antiquity in his or her ownership or possession on the day of coming into force of Section 7, Paragraph four of this Law shall, by 30 March 2013, notify the National Heritage Board thereof in writing, providing information characterising the antiquity (for example, a colour photograph, material of the antiquity, size in millimetres, the type of acquisition, the possible date, conditions, place and time of the find and other information). These provisions shall not apply to the objects of the National Museum Holdings. The information referred to in this Paragraph is restricted access information.

[20 December 2012; 17 May 2018]

4. The National Heritage Board shall, until 31 December 2018, develop the criteria by which cultural and historical objects shall be included in the list of State protected cultural monuments as cultural monuments of regional or local significance.

[17 May 2018]

5. The National Heritage Board shall, until 31 December 2020, review the status of the cultural monuments included in the list of State protected cultural monuments, evaluating the conformity of these monuments with the criteria for a cultural monument of regional or local significance.

[17 May 2018]

6. The Cabinet shall, until 31 December 2018, issue the Cabinet regulations referred to in Section 14, Paragraph eleven and Section 18.3, Paragraph three of this Law.

[17 May 2018]

7. The Cabinet shall, until 31 December 2018, make amendments to Cabinet Regulation No. 474 of 26 August 2003, Regulations Regarding Recording, Protection, Use, Restoration of Cultural Monuments and Granting the Status of an Environment-degrading Object, in accordance with amendments to Section 14 of this Law.

[17 May 2018]

Informative Reference to European Union Directives

[17 December 2015]

This Law contains legal norms arising from Directive 2014/60/EU of the European Parliament and of the Council of 15 May 2014 on the return of cultural objects unlawfully removed from the territory of a Member State and amending Regulation (EU) No 1024/2012 (Recast).

Chairperson of the Supreme Council
of the Republic of Latvia A. Gorbunovs

Secretary of the Supreme Council
of the Republic of Latvia I. Daudišs

Riga, 12 February 1992

 


1 The Parliament of the Republic of Latvia

Translation © 2019 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Supreme Council Type: law Adoption: 12.02.1992.Entry into force: 10.03.1992.Theme:  Immovable property, construction; Culture and art; ; Publication: Latvijas Republikas Augstākās Padomes un Valdības Ziņotājs, 10, 05.03.1992.; Diena, 47, 13.03.1992.
Language:
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