Page 31 - Studia Universitatis Hereditati, vol. 5(1) (2017)
P. 31
ia universitatisfor monuments of national importance is pro and benefits of the inheritance. The ability of the
the accessibilit y, use, fruition and enr ichment of immobile cultur al her itage 31 posed by the Government and for monuments owner and the benefits and benefits referred to
of local importance the competent authority of in this Article shall be assessed in the context of
the province or municipality that declared the taxable property or taxable income. In the event
monument. The expropriation must be carried of an unjustified failure to comply with this de
out in the manner and in accordance with the cision, the Office may itself carry out or organ
procedure prescribed in the act governing the ex ize measures of protection, requiring the owner
propriation and restriction of the property right to reimburse the proportionate part of the costs.
in the spatial planning, that is, in the main, in In order to reimburse costs, the state, province or
accordance with Articles 92–114 of the Spatial municipality that financed measures of protec
Planning Act. tion has the right to claim a legal action against
the owner. In doing so, the owner cannot list the
In the event that inspectors carry out in burdens due to the increased security costs aris
spection measures that remain unpaid by tax ing from the abandonment of security and regu
payers, the state, province or municipality that lar maintenance.
proclaimed the monument obtains a legal mort
gage on the property that was the subject of the If, during inspection, the inspector in
measure (Article 42 of the ZVKD-1). charge of heritage finds that due to improper
maintenance, handling or use of a monument or
Special provisions also apply to small or national treasure, or due to the omission of due
movable archaeological finds which are trans care, there is risk of damage, they may prohib
ferred after processing to the care of state and it such conduct or use and order to ensure pro
authorized museums, where their accessibili tection (Article 117 of the ZVKD-1). If the in
ty guaranteed is in principle. According to Ar spector finds that there is an imminent danger
ticles 6, 26, 53 and 135 of the ZVKD-1, the own of damage or damage to the immovable monu
er of movable archaeological remains, which are ment or national wealth has already occurred,
legally determined to be heritage, is the state. they shall determine the measures and the time
Disposal of archaeological finds that have been limit within which such risk or damage must be
unlawfully excavated or otherwise illegally ob eliminated. If the inspected party fails to take
tained from archaeological sites in the territory appropriate measures, they will order that works
of the Republic of Slovenia or have been legally be carried out at the expense of the taxpayer (Ar
excavated and illegally retained is prohibited. A ticle 116 of the ZVKD-1).
monument owned by the state, province or mu
nicipality that is an archaeological find or ar Inspection measures are carried out at the
chaeological site or is insured under special reg expense of the taxable person in case of unau
ulations or international treaties to which the thorized interventions into registered heritage.
Republic of Slovenia is party may not be dis If a taxpayer does not reimburse the funds for
posed of (Article 6 ZVKD-1). the implementation of the measure, the state,
province or municipality that proclaimed the
Maintenance monument acquires a legal mortgage on the real
Accordance to Article 38 of the ZVKD-1, owners estate subject to this measure (Article 42 of the
must protect their monuments in proportion to ZVKD-1).
their abilities. The Institute for the Protection of
Cultural Heritage may, by decision, order own If a non-maintained monument or object
ers to implement part or all of the implementa threatens the property, health and life of peo
tion of certain measures for the implementation ple, traffic, adjacent objects or its surroundings,
of the protection in proportion to the abilities building inspection measures may also be in
of the owner, taking into account the benefits place (see Building Construction Act).
the accessibilit y, use, fruition and enr ichment of immobile cultur al her itage 31 posed by the Government and for monuments owner and the benefits and benefits referred to
of local importance the competent authority of in this Article shall be assessed in the context of
the province or municipality that declared the taxable property or taxable income. In the event
monument. The expropriation must be carried of an unjustified failure to comply with this de
out in the manner and in accordance with the cision, the Office may itself carry out or organ
procedure prescribed in the act governing the ex ize measures of protection, requiring the owner
propriation and restriction of the property right to reimburse the proportionate part of the costs.
in the spatial planning, that is, in the main, in In order to reimburse costs, the state, province or
accordance with Articles 92–114 of the Spatial municipality that financed measures of protec
Planning Act. tion has the right to claim a legal action against
the owner. In doing so, the owner cannot list the
In the event that inspectors carry out in burdens due to the increased security costs aris
spection measures that remain unpaid by tax ing from the abandonment of security and regu
payers, the state, province or municipality that lar maintenance.
proclaimed the monument obtains a legal mort
gage on the property that was the subject of the If, during inspection, the inspector in
measure (Article 42 of the ZVKD-1). charge of heritage finds that due to improper
maintenance, handling or use of a monument or
Special provisions also apply to small or national treasure, or due to the omission of due
movable archaeological finds which are trans care, there is risk of damage, they may prohib
ferred after processing to the care of state and it such conduct or use and order to ensure pro
authorized museums, where their accessibili tection (Article 117 of the ZVKD-1). If the in
ty guaranteed is in principle. According to Ar spector finds that there is an imminent danger
ticles 6, 26, 53 and 135 of the ZVKD-1, the own of damage or damage to the immovable monu
er of movable archaeological remains, which are ment or national wealth has already occurred,
legally determined to be heritage, is the state. they shall determine the measures and the time
Disposal of archaeological finds that have been limit within which such risk or damage must be
unlawfully excavated or otherwise illegally ob eliminated. If the inspected party fails to take
tained from archaeological sites in the territory appropriate measures, they will order that works
of the Republic of Slovenia or have been legally be carried out at the expense of the taxpayer (Ar
excavated and illegally retained is prohibited. A ticle 116 of the ZVKD-1).
monument owned by the state, province or mu
nicipality that is an archaeological find or ar Inspection measures are carried out at the
chaeological site or is insured under special reg expense of the taxable person in case of unau
ulations or international treaties to which the thorized interventions into registered heritage.
Republic of Slovenia is party may not be dis If a taxpayer does not reimburse the funds for
posed of (Article 6 ZVKD-1). the implementation of the measure, the state,
province or municipality that proclaimed the
Maintenance monument acquires a legal mortgage on the real
Accordance to Article 38 of the ZVKD-1, owners estate subject to this measure (Article 42 of the
must protect their monuments in proportion to ZVKD-1).
their abilities. The Institute for the Protection of
Cultural Heritage may, by decision, order own If a non-maintained monument or object
ers to implement part or all of the implementa threatens the property, health and life of peo
tion of certain measures for the implementation ple, traffic, adjacent objects or its surroundings,
of the protection in proportion to the abilities building inspection measures may also be in
of the owner, taking into account the benefits place (see Building Construction Act).
