Heritage Law in Republic of Moldova

Donciu Victoria
Coordinator: Kamil Zeidler
 Culture is what defines us as an integrity, as a cell in the multitude of other cells that underlie today's civilization.
The dynamics and prosperity of a state cannot be conceived without its cultural heritage. The system of cultural values
within a society creates its identity and determines its place in the record of world culture. The cultural heritage of the
Republic of Moldova represents a totality of cultural values and goods (material and intangible, movable and
immovable) of local, national and world importance, established throughout history. This field of reference is protected
and capitalized through specific actions of identification, protection, propagation, use and perpetuation of material and
spiritual heritage.

In Republic of Moldova, after the proclamation of independence, a series of measures were developed and
applied to protect the cultural heritage. According to the Constitution, the state contributes to the preservation,
development, and propagation of national and world achievements in culture and science (art. 33). At the same time,
the Supreme Law establishes that the protection of environment and the preservation of historical and cultural
monuments constitutes a duty of each citizen (art. 59).
According to Law no. 1530 of 22.06.1993 about the protection of monuments, on the territory of the Republic of
Moldova monuments are part of its cultural and natural heritage and are under state protection. Based on legal
definition, monuments are objects or sets of objects of historical, artistic or scientific value, which represent testimonies
of the evolution of civilizations on the territory of the republic, as well as of spiritual, political, economic and social
development, and which are registered in the Register of monuments of the Republic of Moldova. Special monuments in
the form of real estate are considered: natural objects of geological, biological, zoological, anthropological,
archaeological, historical ethnographic value, buildings, constructions, monuments in cemeteries, works of monumental
art and architecture, mounds, stone stars, tombs ancient ruins, fortifications, ancient roads, ancient bridges and
medieval aqueducts. Monuments in the form of movable property are considered: natural objects with geological,
biological, zoological, anthropological value, objects with numismatic value (isolated coins, hoards of coins and
antiques), ethnographic, archeological (work tools, household objects , weapons, ornaments and other pieces of
historical value), epigraphic materials, relics, memorial objects, monuments of science and technology, works of art
(painting, sculpture, graphics, decorative and applied art objects), antiques, as well as and documentary monuments
(handwritten or typed documents, cartographic materials, photographs, films, records, audio or video recordings), books
(manuscripts, incunabula), old and rare editions.

At this time, more than 15,000 monuments of history and culture have been identified in the Republic of
Moldova. Of these, 5,206 monuments are included in the Register of State-Protected Monuments, approved by
Parliament Decision no. 1531 of 22.06.1993, and officially benefits from the status of protected monument. Objectives
taken under state protection include 4,086 monuments of national importance and 1,120 of local importance. Most of
the monuments of national importance can be found on the territory of Chisinau Municipality (419) and in Edineț district
(380). The following categories of monuments are protected by the state: archeology - 2,696, history - 1284,
architecture - 1,261 and art - 225. Some monuments are assigned to two or three categories: history / art, history / art /
architecture , of which 989 are related to the theme of World War II. In some localities, new monuments have been
inaugurated, dedicated to those who fell in the military conflicts, which are not yet included in the National Register. The
register of state-protected monuments was drawn up on the basis of investigations carried out by the Ministry of
Culture, relevant ministries and institutions, the Academy of Sciences of Moldova, higher education institutions, public
organizations, scientists, collaborators of museums and libraries, individuals. The protection of monuments by the state
provides for the provision of works of evidence, study, enhancement, rescue, protection, conservation and restoration;
expanding the material base; the use and accessibility of monuments for various investigations, in the process of training
and promotion.
Futhermore, Museum Law no. 1596 of 27.12.2002 defined the museum patrimony, establishes the way of
organization and functioning, the attributions of the state authorities in the field of museums, the technical-material
base and the financing, the way of reorganization and liquidation of the museums. The museum patrimony consists of:
movable goods of a special historical and documentary value, artistic, archeological, ethnographic, representing the
natural history, technique, art and literature, the life and activity of some famous personalities from the most diverse
fields; works of art; manuscripts, old prints, rare editions, antiques; weapon collections, harness; objects of numismatics,
medals, philately, collections of pieces of metal and precious stones of special historical, artistic and museum value; real
estate classified as historical, architectural, ethnographic monuments; nature reserves that represent flora and fauna,
natural or landscaped landscapes, buildings constituting testimonies of the capitalization of the natural environment;
other cultural assets that may have documentary, educational, illustrative value and that are used in museum activities.
Two the most famous museums in our country are the National Museum of History of Moldova, and the National
Museum of Etnography and Natural History.

Who deals with the protection?

A new stage in the cultural activity in the Republic of Moldova was marked by the Law of Culture no. 413 of
27.05.1999, which establishes the obligations of the state, the rights, and freedoms in the field of culture, the national
cultural heritage, the relations between the state and the people of creation, the organization and economic regulation
of culture. The preservation and use of the national cultural and natural heritage are established by the government in
agreement with the parliament. The parliament develops state policy on cultural heritage preservation, but the
government has to prepare the efficient mechanism to implement these policies in accordance with the laws of the
Republic of Moldova. The central (executive) public authority specialized in the field of culture was the Ministry of
Culture, and since 2017 - the Ministry of Education, Culture and Research. The Ministry of Cultural Heritage and the
Department of Arts and Creative Industries operate within the ministry, which aims to protect and capitalize on heritage
by coordinating the activities of evidence, conservation, restoration and capitalization of monuments, verifying their
maintenance in accordance with the legislation in force. Under the Ministry of Culture are two national agencies
responsible for cultural heritage—the Agency for Inspection and Restoration of Monuments established by the
Government Decision no. 1114 of 25.09.2006, and National Archaeological Agency created in 2012. The first agency
deals more with architectural heritage, and the second is directly involved in the preservation of archaeological heritage.
Consequently, the Ministry of Culture is directly responsible through its subordinate institutions and bodies for the
protection of the archaeological heritage, starting with the elaboration of policies, strategies and national
programmes and ending with the coordination of yearly programmes, issue of authorisations for
archaeological excavations, etc.
The integrity of the funds in museums, archives, libraries and cinemas, photographic collections and
other similar funds, their preservation, operation and development are ensured by the state. Privatization of
the objectives, which make up the national cultural heritage, is prohibited. In order to stop the degradation
and destruction of the inherited cultural heritage and to be able to pass it on to future generations, various
actions are being taken in order to finalize the legal and organizational framework. Parliament ratified the
European Convention for the Protection of the Archaeological Heritage (2001), the Convention for the
Conservation of the Architectural Heritage of Europe (2001), the UNESCO Convention for the Protection of the
World Cultural and Natural Heritage (2002), the Convention for the Safeguarding of the Intangible Cultural
Heritage (2003) protection and promotion of the diversity of cultural expressions (2006), European Framework
Convention on the Value of Cultural Heritage for Society (2008) with a view to harmonizing national and
international legislation. A number of government documents have been issued for the development of
culture. In this context, the program "Development and protection of culture and art in the Republic of
Moldova for the years 1993-2000" was launched, whose main objective was to preserve and protect the
cultural heritage. Another document, considered an instrument of state policy in the field of culture, was
"Development and protection of culture and art in the Republic of Moldova for the years 1997-1998". The
program continued until 2000, and was subsequently supplemented by a strategic project until 2005.

UNESCO: The Republic of Moldova ratified the convention on 23 September 2002. As of 2022, Moldova
has one World Heritage Site listed, the Struve Geodetic Arc, which was listed in 2005. It is a transnational site,
shared with nine other countries. There are also two sites on the tentative list.
The Struve Geodetic Arc is a series of triangulation points, stretching over a distance of 2,820 kilometres
(1,750 mi) from Hammerfest in Norway to the Black Sea. The points were set up in a survey by the astronomer
Friedrich Georg Wilhelm von Struve who first carried out an accurate measurement of a long segment of a
meridian, which helped to establish the size and shape of the Earth. Originally, there were 265 station points.
The World Heritage Site includes 34 points in ten countries (North to South: Norway, Sweden, Finland, Russia,
Estonia, Latvia, Lithuania, Belarus, Moldova, Ukraine, one of which is in Moldova (station point in Rudi
pictured).
Tentative list:
The Typical Chernozem Soils of the Bălți Steppe :
Chernozem is one of the most fertile soils. The tentative site comprises five locations around Bălți where long-
time field experimets have been carried out for up to 50 years in order to study the impact of different
agricultural practices, such as the use of crop rotations or monoculture, as well as different systems of tillage,
fertilization, and irrigation on crop yields and soil fertility. The Bălți Steppe was important in the development
of the soil science in the 19th century.

Orheiul Vechi Archaeological Landscape:

Old Orhei is located on the bank of the Răut river. The area was already settled in the Paleolithic. Remains of a
settlement from the Chalcolithic period (Cucuteni–Trypillia culture) have been found, as well as settlements
from the Iron Age. In the 13th and 14th century, it was the site of an important Golden Horde town. Following
the departure of the Mongols, Orhei developed into one of the most important Moldovan medieval towns. It
was abandoned in the 18th century when the inhabitants moved to the nearby village Trebujeni.
Intagible cultural heritage: Customs and traditions always have been something special for the Moldovan
people, they are generally a component part of the intangible heritage that we pass on to future generations.
In general, this heritage includes some songs, customs at various religious holidays or some methods of crafts,
which, thanks to our ancestors, have been preserved to this day.
Men’s group Colindat, Christmas-time ritual:

On December 5, 2013, the men's group Colindat was

included in the UNESCO protected cultural heritage list.
Each year before Christmas, groups of young men gather
in villages throughout Romania and the Republic of
Moldova to prepare for the ritual of Colindat. On
Christmas Eve, they go from house to house performing
festive songs. Afterwards, the hosts offer the singers
ritual gifts and money. Colindat is sometimes performed
in costume, with instrumental accompaniment and
choreography. As well as conveying the season’s
greetings, this cultural heritage plays an important role
in preserving social identity and ensuring cohesion.
Cultural practices associated to the 1st of March :

Cultural Practices Associated to the 1st of March

comprise traditions transmitted since ancient times to
celebrate the beginning of spring. The main practice
consists of making, offering, and wearing a red and
white thread, which is then untied when the first
blossom tree, swallow or stork is seen. A few other
local practices also form part of a larger spring
celebration, such as purification actions in Moldova.
The artefact is considered to provide symbolic
protection against perils such as capricious weather,
with the practice ensuring a safe passage from winter
to spring for individuals, groups, and communities.
 Traditional wall-carpet craftsmanship

In the past, wall carpets produced by weavers in

communities of Romania and the Republic of Moldova
were used not only as decorative features and sources
of insulation but also as part of a bride’s dowry. A
variety of techniques were needed to produce the
pieces with impressive motifs. Certain patterns also
indicated where the weaver was from. The carpets had
additional roles in community practices, such as at
funerals where they symbolized a passage for the soul
to the hereafter.

Conclusions:
Republic of Moldova, like Romania, did progress during its independency, in establishing own legal
framework and management of archaeological heritage. Overall, however, the new system is not working so
well. The state bodies and people involved in this area have to be more responsible. Preservation of
archaeological heritage should be a priority in all development strategies/plans and project. The
archaeological heritage has to be integrated into the planning process.
The law of Republic of Moldova prohibit the use of metal detectors, but looting and illegal collecting of
antiquities are still critical problems for our country. Solutions could come in the form of a programme of
monitoring of the archaeological heritage, carried out by state bodies, the regulation of metal detector selling,
the requirement for detector owners to register and the authorised use of detectors in restricted areas,
excluding archaeological sites and historical monuments. At the same time, it is necessary to organise public
awareness raising campaigns, which would emphasise the importance of protecting the archaeological
heritage and the dangers posed by tolerance to illegal archaeology. It is also necessary to establish a real
control over transportation of cultural goods. However, for a better preservation and management, Republic
of Moldova need to improve the system of studying, protecting and disseminating knowledge on the
archaeological heritage.
From my point of view, especially now, when all the situation with Ukraine is happening, our state
should pay more attention to the protection and preservation of the cultural treasure, because without it, we
can not be considered a nation with an individual history and culture.

Bibliography
1. Archaeological Heritage Resource Management in Romania and the Republic of
Moldova: A Comparative View, Campbell S., White L.
2. Constitution of Republic of Moldova
3. https://ich.unesco.org/en/state/republic-of-moldova-MD
4. https://moldova-independenta.md/unesco
5. https://en.unesco.org/countries
6. http://www.bnrm.md/files/accesDedicat/Lege-cu-privire-la-biblioteci.pdf