On Museums

 

LAW OF GEORGIA

ON MUSEUMS

 

Chapter I - General Provisions

 

Article 1 - Legislation of Georgia on museums

The legislation of Georgia on museums includes the Constitution of Georgia, the treaties and international agreements of Georgia, the Law of Georgia on Culture and the Law of Georgia on the Protection of Cultural Heritage, this Law and other legislative and subordinate normative acts.

 

Article 2 - Main goals and objectives of the Law

1. The main goals of this Law are to regulate legal relations in the activities of the museums of Georgia and to protect the Museum Reserve of Georgia.

2. The main objectives of this Law are to:

a) define the basic principles of museum activities and the use of museums;

b) provide state guarantees in museum activities;

c) define the principles of managing and financing the system of the museums of Georgia;

d) determine the categories of museums;

e) legitimate the non-state sector in museum activities;

f) define the basic rights and duties of natural and legal persons involved in museum activities.

 

Article 3 - Scope of the Law

This Law applies to all museums in the territory of Georgia, regardless of their form of ownership.

 

Article 4 - Definition of terms used in the Law

The terms used herein have the following meanings for the purposes of this Law:

a) museum - a legal person registered and/or established (founded) in accordance with procedures established by law, which aims to carry out scientific, research, cultural, and educational activities and to identify, collect, register, protect, study, exhibit and popularise cultural heritage;

b) historical museum - a museum that preserves materials related to the historical development of the society and the state, as well as the history of individual regions;

c) natural history museum - a museum that preserves materials illustrating natural events and the interaction between humans and nature, as well as materials related to the development of natural sciences;

d) memorial museum - a museum that preserves materials related to historical figures or materials illustrating historical events of particular importance;

e) museum of arts - a museum that preserves materials illustrating the history of various fields of arts and contemporary art;

f) literature museum - a museum that preserves materials illustrating the history of literature and contemporary literature;

g) museum reserve - a set of exhibits and collections preserved in a museum;

h) museum object - cultural valuables, material and spiritual cultural heritage, fragmented parts of immovable cultural property or antique objects with features of cultural property, which are preserved in museum reserves;

i) museum exhibit - a museum object registered in accordance with an established procedure, which has been granted a status of museum exhibit;

j) museum collection - a set of objects interrelated due to their common features, which constitutes part of a museum reserve;

k) museum activities – legal, financial and economic activities, collecting, reserve, and restoration activities, scientific and research, cultural and educational, and exhibit activities, related to museums;

l) system of the museums of Georgia - a unity of state and non-state museums in the territory of Georgia;

m) Museum Reserve of Georgia - a unity of reserves preserved in the museums of Georgia;

n) state part of the Museum Reserve of Georgia - a set of museum exhibits and collections registered and preserved in state and local museums;

o) non-state part of the Museum Reserve of Georgia - a set of museum exhibits and collections registered and preserved in and owned by non-state museums and mixed-ownership museums;

p) inventory book of a museum - a record-keeping document compiled in accordance with an established procedure, which contains basic data about each museum exhibit and collection;

q) museum exposition - the part of a museum reserve that is exhibited in a certain manner and is designed for visitors.

 

Chapter II - Organising Museum Activities

 

Article 5 - State regulation of museum activities

1. The State shall be a guarantor of the protection of museum activities and museums' rights, regardless of their form of ownership.

2. The state regulation and the control of museum activities shall be ensured by the Ministry of Culture and Monument Protection of Georgia.

Law of Georgia No 1331 of 25 September 2013 - website, 8.10.2013

 

Article 6 - Categories of museums

Based on their importance and field of activities, regardless of their form of ownership, museums are divided into following categories:

a) state (national) museums;

b) local museums.

 

Article 7 - Assigning categories to museums

1. A state (national) category shall be assigned to a museum by the Government of Georgia upon the recommendation of the Ministry of Culture and Monument Protection of Georgia.

2. A local category shall be assigned to a museum by the Ministry of Culture and Monument Protection of Georgia upon the recommendation of a local self-government executive body or based on the application of a museum owner.

Law of Georgia No 1331 of 25 September 2013 - website, 8.10.2013

Law of Georgia No 1978 of 5 February 2014 - website, 19.2.2014

 

Article 8 - Types of museums

Based on the field of its activities, museums may be of the following types:

a) a historical museum;

b) a natural history museum;

c) a memorial museum;

d) a museum of arts;

e) a literature museum.

 

Article 9 - Establishment (foundation) of museums and the rights of museum establishers (founders)

1. A museum shall be established by a decision of state bodies in coordination with the Ministry of Culture of Georgia, in accordance with procedures established by the legislation of Georgia.

2. Non-state and mixed-ownership museums shall be founded by a natural or legal person in coordination with the Ministry of Culture of Georgia, in accordance with procedures established by the legislation of Georgia.

3. The rights of a museum establisher (founder) shall be defined by the statute (charter) of the museum established (founded) by him/her and/or by an agreement between the museum establisher (founder) and the Ministry of Culture of Georgia concluded in accordance with the legislation of Georgia. The form of the agreement shall be established and approved by the Ministry of Culture of Georgia.

 

Article 10 - Registering and recording museums in the state register of museums

1. A museum shall acquire the status of legal person based on the organisational and legal form from the date of its registration in accordance with procedures established by the legislation of Georgia.

2. The Ministry of Culture of Georgia shall record existing and newly established museums of Georgia in the state register of museums.

3. Local self-government bodies shall record museums existing in their territory and owned by them.

Law of Georgia No 1978 of 5 February 2014 - website, 19.2.2014

 

Article 11 - Conditions for the establishment (foundation) of museums

1. In order to establish (found) a state museum, a space, a building suitable for storing exhibits preserved in the museum, and necessary funds for museum activities and expositions shall be required.

2. The museum establisher (founder) shall notify the Ministry of Culture of Georgia in writing of the purpose of the establishment (foundation) of a museum, its type, name and location.

 

Article 12 - Reorganisation of state and non-state museums

1. A state museum shall be reorganised by a decision of the establisher (founder) and in coordination with the Ministry of Culture of Georgia, in accordance with the legislation of Georgia.

2. The field of activities of a state museum may be changed through reorganisation only in special cases.

3. Non-state museums shall be reorganised in accordance with the legislation of Georgia.

 

Article 13 - Liquidation of state and non-state museums

1. A state museum shall be liquidated by a decision of the establisher (founder) and in coordination with the Ministry of Culture of Georgia, in accordance with the legislation of Georgia.

2. The reserve of a liquidated state museum shall be transferred to a state museum only.

3. The reserve of a liquidated local museum shall be transferred to a local or state museum.

4. The property of a liquidated state museum, except for its reserve, shall be used in accordance with the legislation of Georgia.

5. Non-state museums shall be liquidated in accordance with the legislation of Georgia.

6. State museums shall enjoy preferential rights of purchasing the valuables of a liquidated non-state museum, which are put up for sale.

 

Article 14 - Rights and duties of state bodies in the management of museum activities

1. The Ministry of Culture of Georgia and the Georgian Academy of Sciences shall manage museum activities within their powers.

2. The functions of the Ministry of Culture of Georgia are to:

a) implement state museum policy;

b) coordinate work with local self-government bodies in the management of museum activities;

c) finance state museums in accordance with established procedure;

d) publish subordinate normative acts regulating museum activities and/or prepare draft laws;

e) create information banks;

f) control the condition and recording of museum reserves;

g) finance, in accordance with established procedure, scientific and research and restoration programmes important for Georgian culture;

h) support the training of museum specialists and conservators and their professional development;

i) control the implementation of international conventions and treaties and agreements in museum activities;

j) purchase museum objects for the replenishment of state museum reserves;

k) appoint and dismiss the directors of state museums.

3. The Ministry of Culture of Georgia shall, in accordance with established procedure, exercise control over non-state museums to examine the condition, safety and registration of museum objects and collections, as well as compliance with general museum regulations.

4. The Georgian Academy of Sciences shall control museums under its supervision within the powers determined by law and shall ensure their continuous operation.

5. State bodies shall provide assistance to non-state museums within their competences.

Law of Georgia No 1978 of 5 February 2014 - website, 19.2.2014

 

Article 15 - Rights and duties of local self-government bodies in the management of museum activities

Local self-government bodies shall:

a) finance and control museums owned by them;

b) coordinate the activities of museums existing in their territory.

Law of Georgia No 1978 of 5 February 2014 - website, 19.2.2014

 

Article 16 - Using museums

1. Any citizen shall be admitted to see objects and collections exhibited in museums.

2. Museum expositions shall be open for all categories of visitors at convenient hours.

3. The procedure for the use of museum exhibits preserved in museum depositories shall be defined by the statute (charter) of the museum.

4. Museum owners or holders may limit access to exhibits preserved in the museum reserve due to the unsatisfactory condition of their safety, or due to restoration or placement in depositories.

 

Chapter III - Rights and Duties of State and Non-state Museums

 

Article 17 - Rights of state and non-state museums

1. State museums, regardless of their subordination, shall have the right to:

a) carry out the first publication of exhibits preserved in the museum;

b) give approvals, in coordination with the Ministry of Culture of Georgia, to use the museum exhibits, the museum building and other objects in their territory as symbols for various printed products, and souvenirs and consumer commodities;

c) prepare copies of exhibits preserved in the museum reserve and use them in accordance with established procedure;

d) carry out economic activities necessary for the museum in accordance with the requirements of the legislation of Georgia.

2. Non-state museums shall have the right to:

a) request the indication of the owner's identity when including their own museum exhibits in catalogues or other types of publications;

b) request the restoration of their own museum exhibits by a state restoration institution in return for an adequate fee;

c) transfer, if necessary, their own museum exhibits for preservation to a state museum by preparing appropriate documents;

d) request the maintenance of the confidentiality of information about museum exhibits owned by them and registered in the state register.

 

Article 18 - Duties of state museums

State museums shall:

a) comprehensively protect museum exhibits;

b) register and systematise museum reserves;

c) publish museum exhibits;

d) maintain record-keeping documents;

e) perform scientific and educational work on the basis of museum exhibits and museum reserves.

 

Article 19 - Duties of non-state museums

1. Non-state museums shall:

a) comprehensively protect their own museum exhibits;

b) ensure the access of museum specialists to museum exhibits in order to assess their condition;

c) provide full information on museum exhibits for their entry into the state register;

d) inform the Ministry of Culture of Georgia on the alienation of museum exhibits within established time frames;

e) maintain record-keeping documents.

2. During the transfer or any other form of alienation of exhibits included in the museum reserve, the recipient shall undertake all the obligations of the exhibit owner related to the care and maintenance of the exhibit.

 

Chapter IV - Ensuring the Protection of Museum Exhibits

 

Article 20 - Protection of museum exhibits

1. Museum exhibits shall be protected in accordance with the Instruction on the Registration and Protection of the Museum Reserve of Georgia.

2. Museum exhibits shall be preserved and exhibited in a properly equipped building subject to appropriate temperature, humidity or other required modes in the museum depository.

 

Article 21 - Restoration of museum exhibits

1. Museum exhibits shall be restored in a museum which has a restoration division, or in special restoration centres licensed in accordance with the legislation of Georgia.

2. Only conservators holding relevant certificates shall have the right to restore museum exhibits.

 

Article 22 - Keeping records of museum exhibits

1. Museum exhibits shall be recorded in accordance with established procedure.

2. Museum exhibits shall not be subject to accounting records.

3. The main record-keeping documents of a museum shall be:

a) an inventory book for main incoming items;

b) an inventory book of a museum;

c) an auxiliary scientific book;

d) an inventory book for temporary incoming items;

e) a special book for recording museum exhibits that contain jewels;

f) a certificate of delivery and acceptance of a museum exhibit;

g) a scientific passport of a museum exhibit.

4. The forms of main record-keeping documents of a museum shall be approved by the Ministry of Culture of Georgia.

5. The destruction or falsification of main record-keeping documents of a museum shall be punishable by law.

6. Except for the main record-keeping documents of a museum, museums have other documents for additional activities, including:

a) a detailed record-keeping document for purchases of museum objects;

b) scientific materials - catalogues, bibliography, scientific and research resources and other;

c) the Instruction on the Implementation of Museum Activities approved by the Ministry of Culture of Georgia.

Chapter V- Museum Reserve of Georgia

 

Article 23 - Museum Reserve of Georgia

1. The Museum Reserve of Georgia is an integral part of the cultural heritage of Georgia.

2. The proprietary right to the Museum Reserve of Georgia is determined by this Law.

 

Article 24 - Keeping records of museum objects and collections in the state register of the Museum Reserve of Georgia and their removal from the register

1. Museum objects and collections shall be subject to mandatory state registration (entry into the state register), regardless of their ownership.

2. The state register of the Museum Reserve of Georgia is a record-keeping document of the Museum Reserve of Georgia.

3. Museum objects and collections shall be registered in the state register of the Museum Reserve of Georgia by the Ministry of Culture of Georgia on the basis of the Council's opinion.

4. Museum objects and collections shall be removed from the state register of the Museum Reserve of Georgia in accordance with established procedure on the basis of an opinion of the Ministry of Culture of Georgia.

5. Museum objects and collections shall be considered as included in the Museum Reserve of Georgia from the date of their registration in the state register of the Museum Reserve of Georgia.

6. The procedure for drawing up the form of, and the storing and using of, the state register of the Museum Reserve of Georgia shall be determined by the Ministry of Culture of Georgia.

7. All changes related to objects and collections included in the Museum Reserve of Georgia shall be recorded in the state register of the Museum Reserve of Georgia.

 

Article 25 - Export from and import into Georgia of objects included in the Museum Reserve of Georgia

The procedure for the export from and import into Georgia of objects included in the Museum Reserve of Georgia shall be regulated by the Law of Georgia on the Export and Import of Cultural Valuables from and into Georgia.

 

Article 26 - Alienation of museum objects and collections

1. Museum objects and collections included in the state part of the Museum Reserve of Georgia shall not be subject to alienation.

2. Museum exhibits may be exchanged between state museums to replenish museum reserves.

3. Collections included in the Museum Reserve of Georgia shall be indivisible.

4. When museum objects and collections included in the non-state part of the Museum Reserve of Georgia are sold, purchased, demised or alienated in any other form, the recipient of the object or collection shall undertake all the obligations related to their care and maintenance. Museum objects and collections that are included by the State in protection lists and the state register of the Museum Reserve of Georgia shall not be subject to export from Georgia.

5. In the case of the sale of museum objects and collections, state museums shall have a preferential right of purchase.

 

Chapter VI - Museum Assets

 

Article 27 - Museum assets

1. Museum assets are composed of exhibits preserved in the museum, its buildings and other immovable objects, parcels of land, movable property and financial resources.

2. State museums shall use and manage their own immovable property in accordance with procedures established by the legislation of Georgia.

3. A state museum may not be removed from the building it occupies, except when it is offered a better building for its activities.

4. The procedure for using non-state museum assets (except for museum exhibits) is defined by the legislation of Georgia.

 

Article 28 - Financing museums

1. Museums are financed from:

a) the State Budget;

b) the resources of a museum owner;

c) specially established foundations;

d) foundations and programme grants of international organisations;

e) donations;

f) resources transferred by natural and legal persons from foreign countries;

g) all types of income that do not contravene the legislation of Georgia.

2. Based on their categories, state museums shall be financed from the State Budget. In addition, resources may be allocated from the State Budget to finance local museums if necessary.

3. Tax and other privileges in museum activities are defined by the legislation of Georgia.

 

Article 29 - Insurance of museum objects and collections

Museum objects and collections shall be insured in accordance with the legislation of Georgia.

 

Chapter VII - Liability for Violations of the Legislation of Georgia on Museum Activities

 

Article 30 - Liability for violations of the legislation of Georgia on museum activities

The liability for violations of the legislation of Georgia on museum activities is determined by the legislation of Georgia.

 

Chapter VIII - Powers of the Museums of Georgia in the Field of International Cooperation

 

Article 31 - Powers of the museums of Georgia in the field of international cooperation

1. The museums of Georgia shall have the right to become members of international museum organisations, cooperate with museums from foreign countries and participate in international museum programmes.

2. The international cooperation of the museums of Georgia shall be implemented in accordance with the legislation of Georgia, this Law and the statutes (charters) of these museums.

 

Chapter IX - Transitional and Final Provisions

 

Article 32 - Normative acts to be adopted in connection with the entry into force of this Law

The following orders of the Minister of Culture of Georgia shall be adopted in connection with the entry into force of this Law:

a) on the Approval of the Regulations on State (National) Museums;

b) on the Approval of the Regulations on Local Museums;

c) on the Approval of the Regulations on Non-state Museums;

d) on the Approval of the Regulations on the Procedure for Drawing up the Form of, Storing and Using the State Register of the Museum Reserve of Georgia;

e) on the Approval of the Instruction on the Registration and Protection of the Museum Reserve of Georgia;

f) on the Approval of the Instruction on the Museum Reserve of Georgia.

 

Article 33 - Reorganisation of museums established by state bodies

Museums established by state bodies prior to 1 January 2002 shall be reorganised into legal entities under public law in accordance with the legislation of Georgia.

 

Article 34 - Entry into force of the Law

This Law shall be enforced from 1 August 2001.

 

 

President of Georgia                                                                                      Eduard Shevardnadze

Tbilisi

22 June 2001

No 990-II ს