Page 36 - Studia Universitatis Hereditati, vol. 5(1) (2017)
P. 36
nt, provided that the donated or inheritedstudia universitatis her editati, letnik 5 (2017), številk a 1 36tlement of Compensation (Zakon o izvlaštenju i
cultural monument is not disposed of before the određivanju naknade).
expiration of 10 years, that a cultural monumenthereditati
is accessible to the public or that it is intend When public funds are invested in the pro
ed for the implementation of cultural activities tection and preservation of the immovable cul
(Article 10). Under the Property Tax Act, the tural heritage, property right is created on this
transfer of immovable property that has the sta property for the benefit of the investor (Article
tus of a cultural monument is also exempt from 42 of the Act on the protection and preservation
tax, provided that the cultural monument is ac of cultural goods).
cessible to the public or is intended for the imple
mentation of cultural activities.9 In both cases, The owner intending to sell the cultural
however, it is not required that funds that have heritage must initially offer it to the Republic of
not been paid for the tax are invested in the pres Croatia, the county, the City of Zagreb, the city
ervation and maintenance of the monument, so or municipality of the area in which the cultural
the benefits for the monuments are at least part heritage is located (Article 37 of the Act on the
ly questionable. protection and preservation of cultural goods).
Croatia Much like in Slovenia, archaeological mov
Basic acts on accessibility in fruition of cultur able finds are property of the state (Article 19 of
al heritage are covered by the Act on the protec the Act on the protection and preservation of
tion and preservation of cultural goods (Zakon o cultural goods).
zaštiti i očuvanju kulturnih dobara).
Maintenance
Ownership The competent authority prepares documenta
In the Republic of Croatia, possible expropria tion for the protection and preservation of cul
tion of cultural heritage is in the interest of the tural heritage and continuously monitors its
state (Article 41 of the Act on the protection and state; at least once every five years, it produces a
preservation of cultural goods), if there is risk of report on the state of heritage. The Minister of
damage or destruction of heritage, and the own Culture prescribes the forms of the report on
er does not have the opportunity or interest to the state of affairs and the procedure for deter
ensure the implementation of all measures of mining the state of cultural goods (Articles 51-53
protection and conservation, a way to ensure the of the Act on the protection and preservation of
carrying out of archaeological research and exca cultural goods).
vations or the implementation of technical pro
tection measures on cultural goods, unless it is Pursuant to Article 20 of the Act on the
possible to guarantee the accessibility of cultur protection and preservation of cultural goods,
al heritage to the public. Expropriation may be the owner of cultural heritage must treat it with
complete or partial. Preparatory works and tem due respect and, above all, protect and regularly
porary seizure may be carried out in order to ex maintain it, implement measures of protection,
propriate the cultural heritage, in accordance immediately report any changes in cultural her
with the regulations on expropriation. The ex itage, injuries or destruction, and the disappear
propriation procedure is initiated on the propos ance to competent authorities, authorize pro
al of the competent authority. The expropriation fessional and scientific research, technical and
of cultural heritage is carried out in the manner other recording, as well as the implementation
prescribed by the Law on Expropriation and Set of technical protection measures and make the
public accessible.
9 Koželj, Financiranje kulturne dediščine, 58.
By issuing any decision, the competent body
defines measures for the protection of cultur
al heritage. If the owner fails to implement the
measures specified within a certain time limit,
cultural monument is not disposed of before the određivanju naknade).
expiration of 10 years, that a cultural monumenthereditati
is accessible to the public or that it is intend When public funds are invested in the pro
ed for the implementation of cultural activities tection and preservation of the immovable cul
(Article 10). Under the Property Tax Act, the tural heritage, property right is created on this
transfer of immovable property that has the sta property for the benefit of the investor (Article
tus of a cultural monument is also exempt from 42 of the Act on the protection and preservation
tax, provided that the cultural monument is ac of cultural goods).
cessible to the public or is intended for the imple
mentation of cultural activities.9 In both cases, The owner intending to sell the cultural
however, it is not required that funds that have heritage must initially offer it to the Republic of
not been paid for the tax are invested in the pres Croatia, the county, the City of Zagreb, the city
ervation and maintenance of the monument, so or municipality of the area in which the cultural
the benefits for the monuments are at least part heritage is located (Article 37 of the Act on the
ly questionable. protection and preservation of cultural goods).
Croatia Much like in Slovenia, archaeological mov
Basic acts on accessibility in fruition of cultur able finds are property of the state (Article 19 of
al heritage are covered by the Act on the protec the Act on the protection and preservation of
tion and preservation of cultural goods (Zakon o cultural goods).
zaštiti i očuvanju kulturnih dobara).
Maintenance
Ownership The competent authority prepares documenta
In the Republic of Croatia, possible expropria tion for the protection and preservation of cul
tion of cultural heritage is in the interest of the tural heritage and continuously monitors its
state (Article 41 of the Act on the protection and state; at least once every five years, it produces a
preservation of cultural goods), if there is risk of report on the state of heritage. The Minister of
damage or destruction of heritage, and the own Culture prescribes the forms of the report on
er does not have the opportunity or interest to the state of affairs and the procedure for deter
ensure the implementation of all measures of mining the state of cultural goods (Articles 51-53
protection and conservation, a way to ensure the of the Act on the protection and preservation of
carrying out of archaeological research and exca cultural goods).
vations or the implementation of technical pro
tection measures on cultural goods, unless it is Pursuant to Article 20 of the Act on the
possible to guarantee the accessibility of cultur protection and preservation of cultural goods,
al heritage to the public. Expropriation may be the owner of cultural heritage must treat it with
complete or partial. Preparatory works and tem due respect and, above all, protect and regularly
porary seizure may be carried out in order to ex maintain it, implement measures of protection,
propriate the cultural heritage, in accordance immediately report any changes in cultural her
with the regulations on expropriation. The ex itage, injuries or destruction, and the disappear
propriation procedure is initiated on the propos ance to competent authorities, authorize pro
al of the competent authority. The expropriation fessional and scientific research, technical and
of cultural heritage is carried out in the manner other recording, as well as the implementation
prescribed by the Law on Expropriation and Set of technical protection measures and make the
public accessible.
9 Koželj, Financiranje kulturne dediščine, 58.
By issuing any decision, the competent body
defines measures for the protection of cultur
al heritage. If the owner fails to implement the
measures specified within a certain time limit,
