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CHAPTER 4. CULTURAL INSTITUTIONS
Article 21. Forms and main types of cultural institutions
1. Cultural institutions in the Republic of Belarus according to the form of property are divided into state and private, according to the main purpose of activity – into both commercial and non-commercial ones.
2. Cultural institutions are divided into the following main types:
2.1. libraries;
2.2. museums;
2.3. picture galleries, art galleries, exhibition halls, panoramas and other exhibition organizations in the field of culture;
2.4. clubs, cultural palaces (homes, centers), centers (homes) of folk art (folklore), centers (homes) of crafts, youth cultural centers, national cultures centers and other club organizations (hereinafter – club organizations);
2.5. culture and recreation parks, urban gardens, zoos, zoological gardens (hereinafter –parks);
2.6. books stores;
2.7. theatres;
2.8. circuses;
2.9. philharmonic halls and other concert organizations (hereinafter – concert halls);
2.10. cinematography organizations;
2.11. creative studios;
2.12. folk craft organizations;
2.13. scientific-designing and production restoration organizations;
2.14. scientific research institutions and methodical centers of folk art (cultural and educational work).
3. In the Republic of Belarus may be established cultural institutions of other types, which are not specified in paragraph 2 of this article, including complex institutions.
31. Cultural institutions that carry out cultural activities by means of preparation, organization and demonstration and (or) holding of performances, concerts or other public shows are considered to be theatrical and entertaining.
Theatrical and entertaining institutions include theatres, circuses, concert halls and other types of cultural institutions which carry out cultural activities mentioned in the first part of this paragraph.
32. Cultural institutions which carry out cultural activities by means of provision to individuals of access to cultural values which are in the funds of these organizations, either by means of creation of conditions for engagement into the sphere of folk arts and crafts, self-education, as well as for spiritual and physical development, are considered to be cultural and educational.
Cultural and educational institutions include museums, libraries, clubs, other types of cultural institutions that carry out cultural activities mentioned in the first part of this paragraph.
33. In the cases determined by the President of the Republic of Belarus the status “national” may be granted to cultural organizations.
Procedure of assignment, periodic verification, deprivation of status “national” and peculiarities of the legal state of cultural institutions with such status are determined by the President of the Republic of Belarus.
4. Organizational and legal forms, peculiarities of the legal state and order of activities of special types of cultural institution provisions are determined by this Law and other acts of legislation.
5. This Law and other acts of legislation on culture may provide mandatory requirements (conditions) under which the creation of cultural institutions of certain forms (types) is allowed, including requirements for the content of cultural value funds and requirements for the property that is transferred to founders of a cultural institution for realization or support of cultural activities.
Article 22. Peculiarities of cultural institutions as one of the form of non-profit cultural organizations
1. Cultural institution – an organization established in order to carry out informational, enlightenment, educative, educational, entertainment and other functions of non-commercial character in the sphere of culture and which is wholly or partly funded by its founder.
2. Cultural institution carries out its activities on the basis of a charter approved by the founder.
3. An executive which can be appointed or dismissed by the founder, as well as other bodies of administration determined by legislation and (or) the charter of a cultural institution perform direct supervision of this cultural institution. The founder concludes a labor agreement (contract) with a head of the cultural institution in accordance with the legislation.
4. Cultural institution owns, uses and disposes the property assigned to it on the basis of operational administrative right.
5. Founders of cultural institutions should provide cultural institutions with accommodation, equipment, technical and other means required for realization of main activities.
6. Removal of cultural institutions in the premises which worsen conditions of their activity is not allowed.
Article 23. Establishment, state registration, reorganization and elimination of cultural institutions
1. The procedure of creation, state registration, reorganization and elimination of cultural institutions is determined by the Civil Code of the Republic of Belarus, this Law and other legislative acts.
2. In each administrative unit of the Republic of Belarus, the Ministry of Culture of the Republic of Belarus, local executive and administrative bodies undertake measures to create a complex of state cultural institutions, which guarantees the satisfaction of basic spiritual needs of the population.
3. Local executive and administrative authorities have a right to establish public cultural institutions of any types above the quota defined by the state minimum social standards in the field of culture.
4. Historical, national and geographic peculiarities of the place are to be taken into consideration while planning the establishment of public cultural institutions.
5. Elimination of public cultural institutions is not allowed if it causes the impossibility of performance of state minimum social standards in the sphere of culture.
6. Reorganization and elimination of public cultural institutions which are especially important for preservation, development and dissemination of national Belarusian culture, are made with the consent of the Government of the Republic of Belarus. The list of such cultural institutions should be approved by the Government of the Republic of Belarus.
See also: CHAPTER 5. AMATEUR PERFORMANCE TEAMS
© National Academy of Sciences of Belarus, 2011
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