Legislation and planning normative framework on heritage and landscape: the Moldovan case Presented during the VIVA EAST Thematic Seminar on "Methodology for Urban Planning and Design of minor Historic Centres Territorial Cultural Systems, Bari, Italy, Oct. 2012

1. LEGISLATION AND PLANNING
NORMATIVE FRAMEWORK ON
HERITAGE AND LANDSCAPE:
THE MOLDOVAN CASE
Gruia Bădescu
Valeriu Adjer

3. INTERNATIONAL CONVENTIONS RATIFIED BY THE PARLIAMENT DATE OF
OF THE REPUBLIC OF MOLDOVA RATIFICATION
European Cultural Convention, Paris, 1954 1994.05.24
Convention for the Protection of Architectural Heritage of Europe, 2001.12.21
Granada, 1985
European Convention for the Protection of Archaeological 2001.12.21
Heritage, La Valletta, 1992
European Convention of Landscape, Florence, 2000 2002.03.14
UNESCO Convention Concerning the Protection of the Cultural and 2002.06.06
Natural Heritage, Paris,1972
Convention Concerning the Protection and Promotion of 2006.07.27
Diversities of Cultural Expression, Paris, 2005
UNESCO Convention Concerning the Safeguarding Of Immaterial 2006.03.24
Cultural Heritage, Paris, 2003
Convention-plan of the European Council Concerning the Value of 2008.12.01
Cultural Heritage for Society, Faro, 2005

4. NATIONAL LEGISLATION REGARDING HERITAGE, DATE OF
PUBLISHED IN THE MONITORUL OFICIAL PUBLICATION
Law on the protection of monuments, no. 1530-XII, 2010.02.02
June 22, 1993. ( no 15-17)
Law on principles of urban and territorial planning no. 1996.05.17
835-XIII, May 17,1996
Law of culture, no. 413-XIV, May 27, 1999 1999.08.05
(no. 83-86)
Law concerning architectural activity, no. 1350-XIV, 2001.02.27
February 27, 2001
Law on museums, no. 1596-XV, December 27,2002 2002.12.27
Law on popular art, no. 135-XV, March 20, 2003 2003.05.16
(no. 84-86)
The Decision of the government of the Republic of 2003.09.11
Moldova no. 1111 of 11.09.2003 concerning the Rules
of the state register of mobile cultural heritage;

5. INTERNATIONAL CONVENTION CONNECTED TO RATIFIED BY
NATURAL HERITAGE
The Convention concerning the conservation of wildlife Decision of the Parliament
and of the natural habitats of Europe (Bern, September no. 1546-XII of June 23.
19. 1979) 1993
The Convention concerning the impact of the evaluation Decision of the Parliament
of the transfrontier environment (Espoo, February 25, no. 1546-XII of June
1991) 23,1993.
The Convention concerning the protection and utilization Decision of the Parliament
of the transfrontier water flows and international lakes no. 1546-XII of June 23,
(Helsinki, March 17, 1992) 1993
The Convention concerning biological diversity (Rio de Decision of the Parliament
Janeiro, June 5, 1992) no. 457-XIII of March 16,
1995.
The convention concerning cooperation for the Decision of the Parliament
protection and long-term utilization of the river Danube

6. LEGISLATION ON PROTECTED AREAS ADOPT
ED
Law concerning the natural areas 1998.
protected by the state no. 1538-XII 02.25
Law for the modification of Law no. 2005.
1538-XIII of February 25, 1998 10.13
concerning the range of natural
areas protected by the state, no.
229
The Decision of the government of 2000.
the Republic of Moldova concerning 05.02
the rules for survey of objects and
complexes in the range of natural
areas protected by the state.
The Decision of the government of 2000.
the Republic of Moldova for the 08.03
approval of the rules concerning
areas with multifunctional
management, rules concerning
natural reservations, rules
concerning landscape reservations
and rules concerning monuments of

7. Law nr. 1530 on the protection of monuments from
22.06.1993
- clearly defines immobile cultural heritage under protection
- defines the state protection of monuments as including the provision and the
ensuring of works of evidence and study, enhancement, protection and rescue,
preservation and restoration of monuments.
- includes the Register of Monuments, which lists 5206 monuments to be under state
protection
- defines who has the agency on heritage protection
- obliges owners of monuments listed in the Register to respect the legislation of the
Republic of Moldova regarding heritage
- describes financing mechanisms

8. Law nr. 1530 on the protection of monuments from
22.06.1993
~describes financing of activities regarding heritage :
-the budget of the Ministry of Culture,
- local budgets,
- transfers from tourism gain,
- rent payments,
- taxes on the income of companies which disturb the protection of monuments
- donations of organizations which have the protection of monuments in their status,
donations from natural persons and legal entities
~The state shall provide financing for agents of heritage research and protection
In practice however, the mechanism of collection of payments, based on the law, is
not in fact established

9. Law nr. 1530 on the protection of monuments from
22.06.1993 (published in Monitorul Oficial no. 15-17
from 02.02.2010).
- list of 5206 monuments published only in 2010

10. 83 buildings (10% of listed buildings) demolished between 1993
and 2010 in Chisinau only
17 buildings severely damaged
10

11. Conacul familiei Ciolac-
Malski, s. Bahmut, r.Calaraşi
10/10/12

12. Law on culture, no. 413-XIV, May 27, 1999
Law concerning architectural activity, no. 1350-XIV,
February 27, 2001
- Privatizationof objects that represent national cultural
heritage is forbidden

13. General Urban Planning Regulation
from 05.01.1998. In Monitorul Oficial no. 14, 26.02.1998.
- regulates the approval of construction permits in “heritage areas” pending on
Ministry of Culture or subordinates (art.33, 34)

14. Regulation on natural and built protected areas
Government Decision no. 1009, 05.10.2000; Official
Monitor 127-129/1114 (12.10.2000)
- defines protected areas, the competences and the responsibilities related to them
- de facto, not in practice

15. Law on Intangible Heritage
(work in progress by the Ministry of Culture)

16. Safeguarding the Cultural Heritage of the Republic of
Moldova National Programme
Cultural heritage- 7 subcategories

Immobile archaeological heritage

Mobile archaeological heritage

Material ethnographic heritage

Immaterial cultural heritage

Immobile Artistic heritage

Cinematographic heritage

Theatrical art heritage

17. Safeguarding the Cultural Heritage of the Republic of
Moldova National Programme

Elaborating a national strategy of safeguarding cultural heritage

Evaluating the risks which affect cultural heritage

Creating the instruments and tools to safeguard cultural heritage

Integrating data on cultural heritage in urban plans (PUG, PUZ, PUD)

The mapping in a GIS system of all monuments and sites

Creating archives of cultural heritage

Creating partnerships between state institutions, the private sector and the civil
society with regards to the safeguarding of cultural heritage

18. Law on Landscapes
(work in progress by the
Ministry of the
Environment)
- biased towards natural
landscapes?

19. Mulţumim!
Grazie mille!