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ARCHIVES AND ARCHIVAL INSTITUTIONS ACT (AAIA)
I GENERAL PROVISIONS
Article 1 The present Act governs the protection of archives, the conditions for the use of archives as well as the jurisdiction and tasks of archival institutions.
Archives are records, either original or reproduced (written, drawn, printed, photographed, filmed, sound recorded, recorded on a magnetic or optical disc, or in any other way), which were received or created along with the work of legal or natural persons and are of permanent significance for science and culture. The archives are a cultural monument.
The archives of state authorities and of local self-government authorities and of legal persons exercising public authority or performing public service (hereinafter referred to as: entities under public law) shall be selected from records on the instruction of the competent archival institution (hereinafter referred to as: public archives). The records of other legal and natural persons which have the nature of archives shall become archives on the basis of the decision under Article 27, paragraph 2 hereof (hereinafter referred to as: private archives). The records of notaries-public or of other persons exercising public authority or performing public service shall be considered as public archives.
The records under Article 2 hereof shall comprise files, charters and other individual documents, official books, card indexes, maps, plans, posters, pictorial, film, sound and other undefined recordings, regardless of the form of information recordings or of their media, as well as digital or analogue forms of data processing recordings, including software.
Article 5 Public archives shall constitute public property. Private archives shall constitute private property.
The archives shall be permanently kept in appropriate rooms and equipment, under suitable climatic conditions, protected against burglary, fire, water, biological, chemical, physical and other damaging effects (preservation). The minister responsible for culture (hereinafter referred to as: the Minister) shall define in detail the mode of implementing preservation of archives and records.
II ARCHIVAL PUBLIC SERVICE
Article 7 The archival public service shall be performed by the Archives of the Republic of Slovenia, regional archival institutions and archival institutions of local self-government communities.
The Archives of the Republic of Slovenia shall protect public archives of state authorities, bodies exercising public authority and/or public services provided by the state, of the Bank of Slovenia, and of state and public funds, agencies and other legal persons established by the state and/or whose activities cover the entire national territory. The Archives of the Republic of Slovenia shall protect film archives. A unit of the Archives of the Republic of Slovenia shall operate at the ministry responsible for defence to protect public archives of that ministry and of the national defence forces of the Republic of Slovenia. The Archives of the Republic of Slovenia shall maintain a summary register of public archives in the state and a register of archives abroad, relating to Slovenia and the Slovenes, and shall maintain a register of public symbols, coats-of-arms, flags, seals, stamps, and rubber stamps at state level.
Article 9 Regional archival institutions shall protect public archives created in the area of a regional archival institution and belonging to state authorities, organisational units of state authorities, persons exercising public authority and/or public services, provided by the state, which carry out an activity in the area of one or more local self-government communities. Should a local self-government community not set up its own archival institution, its public archives shall be kept by a regional archival institution operating in that particular area.
Article 10 The archival institutions of local self-government communities shall protect public archives of local self-government authorities, persons exercising public authority, and/or public services provided by the relevant self-government community, as well as of funds, agencies and other legal persons set up by local self-government communities.
Article 11 The archival institutions shall perform the following activities within the framework of public service: appraisal of records created by entities under public law, providing explanations about the duties under Article 20 hereof, professional supervision and training of staff members engaged in the handling of records; collecting and processing of public and private archives, elaborating inventories, guides and other aids for using archives and their publishing, and publishing of archival sources; maintenance and preservation of archives; keeping a register of public and private archives; compilation of guides and other finding aids to archives abroad relating to Slovenia and the Slovenes, and reproduction of such archives to supplement their own holdings; registering private archives of legal and natural persons; cooperation with owners of private archives, expert advice and supervision; making archives available for use, issuing transcripts and copies of documents and certificates based on documents; fostering cultural values related to the archives; carrying out research in the field of archival science, history and other sciences related to the archives; publishing activities. The Minister shall define the types and forms of the registers of archives as well as the bases for professional processing and elaborating aids for the use of archives and registers of public symbols. The register of public and private archives shall contain data on the holder or the person who has transferred the archives, on the content, volume, and the date of creation of the archives.1
Article 12 The Government of the Republic of Slovenia shall establish regional archival institutions as public institutions for performing archival activities in such a way as to cover the entire national territory.
Article 13 A local self-government community may establish an archival institution for the protection of its public archives. Several local self-government communities may establish a joint archival institution. The conditions for the establishment of an archival institution under the foregoing two paragraphs are as follows: necessary and appropriate premises and equipment;
1 Article 11, paragraph 3 has the insertion of the Emendation of the Archives and Archival Institution Act, published in the Official Gazette of RS, No. 32/1997 of 5 April 1997
trained archival staff; funds secured for performing archival activity. The archival institution may begin operating once the Minister establishes that the conditions under the foregoing paragraph have been met.
Article 14 The Minister shall issue a list of legal persons and their organisational units over which the Archives of the Republic of Slovenia shall have jurisdiction, including individual regional archival institutions and archival institutions of local self-government communities, once established.
Article 15 The ministry responsible for culture (hereinafter referred to as: the Ministry): shall follow and direct the development of the archival public service and perform professional supervision of its activity; shall adopt the programme of protection of the archives which represents the basis for the programme of work of the archival institutions established by the state; shall confer professional titles for the performing of public archival service. The Minister shall lay down detailed conditions for the period of traineeship, for passing proficiency examinations, keeping a register of proficiency examinations passed, and for acquiring professional titles by archival staff.
Article 16 In the event of doubt as to whether an item concerned shall be deemed to constitute archives, an exhibit, or library material, the final decision shall be taken by the Minister.
Article 17 In order to ensure access to the archives, archival institutions shall have a common information system. Each archival institution must, by the end of January of the current year, submit to the Ministry and to all other archival institutions in the state a list of all finding aids elaborated in the previous year, which are available to the users of the archives, and a copy of any aid published for use.
Article 18 The archival institutions shall acquire the archives: by the acquisition of public archives on the basis of the law; by legal transactions, either against consideration or without it (e.g. purchase, gift, will) in the event of private archives; by taking private archives into custody.
Special conditions concerning the access to or maintenance of private archives may be stipulated by an agreement.
Article 19 An entity under public law may itself ensure the protection of its own archives subject to the Ministers authorisation. The Minister shall issue the authorisation under paragraph 1 on the basis of a special status of the entity under public law or special nature of the activity performed by the entity under public law in the field of science, higher education or provision of information. The authorisation shall also define the competent archival institution on the basis of Article 14 hereof. The authorisation under paragraph 1 of this Article shall be issued when the Minister has established that the relevant entity under public law has the necessary and appropria