Publication date: 15.07.2024
Lawyer
Regulation of museums in Ukraine
Introduction
Museums are key institutions for the preservation and promotion of cultural heritage, scientific achievements and art. Their activities are regulated by a number of legal acts that define the legal, organisational and financial basis for the functioning of museums in Ukraine. In this article, we will consider the main aspects of museum regulation, including legal framework, management, financing, preservation of cultural heritage and visitors' rights.
Legal framework
The Constitution of Ukraine
The Constitution of Ukraine guarantees the right of everyone to participate in cultural life, access to cultural values and freedom of creativity. This is the basis for the legal regulation of museums.
The Law of Ukraine "On Museums and Museum Affairs"
This law is the main legal act regulating the activities of museums in Ukraine. The law defines the legal, economic and social principles of museums, their tasks and functions, the procedure for establishing and liquidating museums, and the rights and obligations of museum staff and visitors.
Law of Ukraine "On Protection of Cultural Heritage"
This law defines the legal framework for the protection of cultural heritage, including the preservation, use and promotion of cultural property that is important for museums.
Law of Ukraine "On Culture"
The law regulates activities in the field of culture, including museums, and defines the basic principles of state policy in this area.
Law of Ukraine "On Information"
The law establishes general principles of information activities, including access to information that is important for the activities of museums and the rights of visitors.
Other legal acts
Museums are also regulated through other legal acts that regulate labour relations, financing, intellectual property protection, personal data protection, etc.
Management of museums
Establishment and liquidation of museums
Museums can be established by state bodies, local governments, legal entities and individuals. The procedure for establishing and liquidating museums is regulated by the Law of Ukraine "On Museums and Museum Affairs" and other regulatory acts. The establishment of museums involves the development and approval of a charter, registration in accordance with the procedure established by law and obtaining the necessary permits.
Management and governance
Museums are managed by their founders or authorised bodies. This includes the appointment of museum managers, approval of work plans, control over the activities of museums, and provision of funding and material and technical resources. Museum managers are responsible for organising the work of the museum, preserving and replenishing museum collections, and conducting research and educational activities.
Financing of museums
Sources of funding
Museums are funded from the state and local budgets, as well as other sources not prohibited by law. This includes budgetary funding, grants, sponsorship, income from the provision of paid services, sales of souvenirs, and other income.
Budgetary funding
State and municipal museums are funded from the state and local budgets. This funding covers the costs of staff salaries, building maintenance, security, replenishment of museum collections, exhibitions and other events.
Grants and sponsorship
Museums can receive grants from national and international organisations, foundations, individuals and companies for specific projects. Sponsorship is also an important source of funding for exhibitions, restoration of exhibits, and development of museum infrastructure.
Preservation and protection of cultural heritage
Museum funds
Museums are obliged to ensure the preservation and proper maintenance of their collections, which includes inventorying, restoring and conserving exhibits, creating electronic catalogues and databases. This ensures the long-term preservation of cultural property and its accessibility for research and the public.
Protection of museum exhibits
Museums are obliged to protect museum exhibits from theft, damage, loss and other threats. This includes the installation of security alarm systems, video surveillance, physical security, and compliance with the storage regime for exhibits.
Restoration and conservation
Museums are obliged to restore and conserve exhibits that need to be restored or protected from further destruction. This includes the involvement of qualified specialists, the use of modern technologies and materials, and adherence to scientifically sound restoration methods.
Rights of museum visitors
The right to access cultural property
Visitors have the right to free access to museum exhibitions, collections and other cultural property in museums. This right includes the possibility to view exhibits, participate in exhibitions, lectures, excursions and other events organised by museums.
The right to information
Visitors have the right to receive complete and accurate information about exhibitions, collections, museum history, opening hours, entrance fees and other services provided by museums. Museums are obliged to make this information available through their websites, information stands and other channels.
The right to safety
Visitors have the right to safe conditions during their stay in museums. This includes ensuring the safety of exhibition halls, evacuation exits, the availability of first aid equipment, compliance with sanitary and hygienic standards, etc.
The right to proper quality of services
Visitors have the right to receive services of appropriate quality. This includes ensuring cleanliness, proper condition of exhibitions, provision of qualified guided tours and other services provided by museums.
The right to preserve personal belongings
Museums are obliged to provide conditions for the safety of visitors' personal belongings during their stay in the museum. This includes the availability of cloakrooms, storage rooms and other means of storing things.
The right to personal data protection
Museums are obliged to ensure the protection of visitors' personal data that may be collected during visits to museums, including when buying tickets online or participating in museum events.
Rights and obligations of museum employees
Rights of museum workers
Museum workers have the right to decent working conditions, professional development, holidays, remuneration, social protection, participation in cultural life, and protection of intellectual property.
Duties of museum workers
Museum workers are obliged to comply with labour laws, ensure the safety and proper maintenance of museum collections, provide quality services to visitors, ensure the safety of exhibits and visitors, and carry out research and educational activities.
Conclusion.
The regulation of museums in Ukraine covers a wide range of issues, including legal, organisational and financial aspects. Legislation sets clear requirements for museums, ensuring their effective operation, preservation of cultural heritage, and the rights of museum staff and visitors. Compliance with these requirements contributes to the development of museums, the promotion of culture and art, and provides access to cultural values for all citizens.
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