|
On the basis of the provision
made by Article 12, Subsection 5 of the Law on
the Amendments and Supplements to the Law on the
Restoration of Endangered Architectural Heritage
in Dubrovnik ("Official Gazette", No.
128/99), and Article 54, Subsection 1 of the Law
on Institutions ("Official Gazette",
No. 76/93), the Administrative Council of the
Institute for the Restoration of Dubrovnik held
its 2nd Session on March 19, 2001, at which time
it adopted the
STATUTE of
the Institute for the Restoration of Dubrovnik
Dubrovnik Introductory Provisions
Article
1
The Institute for the Restoration of Dubrovnik
is a public institution established for the purpose
of permanently conducting activities that ensure
special conditions for the durable conservation
and restoration of endangered architectural heritage
in Dubrovnik, that is, the area of the City of
Dubrovnik included on the UNESCO World Heritage
List.
The Institute for the Restoration of Dubrovnik
(hereafter noted as: the Institute) carries out
the fore-mentioned activities in accord with the
provisions made by the Law on the Restoration
of Endangered Architectural Heritage in Dubrovnik
("Official Gazette", Nos. 21/86, 33/89,
29/93, and 128/99) - (hereinafter noted as: the
Law), and this as a public service, and it has
public authority regulated by the Law in the carrying
out of its activities.
The Institute carries out its activities and executes
its public authority in accord with the Law on
the Conservation and Preservation of Cultural
Property ("Official Gazette", No. 69/99),
the Law on Construction ("Official Gazette",
Nos. 52/99 and 75/99), this Statute and acts passed
by the founder in accord with the Law and this
Statute.
Article
2
The legal rights and responsibilities of
the founders of the Public Institute for the Restoration
of Dubrovnik is shared by the Republic of Croatia,
the Dubrovnik-Neretva County, and the City of
Dubrovnik as follows:
1. Republic of Croatia - 60%;
2. Dubrovnik-Neretva County - 20%;
3. City of Dubrovnik - 20%.
The realization of the rights, duties, and responsibilities
of the founders and owners is carried out by:
- the Government of the Republic of Croatia -
on behalf of the Republic of Croatia,
- the Board of the Dubrovnik-Neretva County -
on behalf of the Dubrovnik-Neretva County,
- the Board of the City of Dubrovnik - on behalf
of the City of Dubrovnik
in the manner and under the procedures foreseen
by special laws and acts of representative bodies
in local self-government.
The reciprocal ties between founders and the ties
of the founders with the Institute will be regulated
by a separate contract.
Article 3
The Public Institute for the
Restoration of Dubrovnik is the legal successor
of the administrative organization known as the
Institute for the Restoration of Dubrovnik, established
by an Act of the Assembly of the Municipality
of Dubrovnik (No: 01-4375/79) on October 10, 1979.
GENERAL PROVISIONS
Article
4
The Statute of the Institute for the Restoration
of Dubrovnik (hereinafter noted as: the Statute)
determines:
- the status of the Institute - legal position
and responsibility in legal affairs;
- the name and the seat of the Institute;
- the activities of the Institute;
- the seal, hallmark, stamp, and emblem of the
Institute;
- representation of the Institute;
- internal set-up of the Institute;
- management of the Institute;
- property of the Institute;
- public works of the Institute;
- monitoring of work by the Institute;
- general acts of the Institute;
- other provisions (business secrets, Institute
employees, Institute archives and other questions
significant to the smooth running of registered
activities by the Institute).
Article 5
The Public Institute for the Restoration of Dubrovnik
was established by the Law on the Amendments and
Supplements to the Law on the Restoration of Endangered
Architectural Heritage in Dubrovnik ("Official
Gazette", No. 128/99).
The Institute is a legal entity.
The Institute assumes the features of a legal
entity upon registration with the court registry
of the responsible Court of Commerce, at which
time it can freely participate in legal matters,
conduct legal business, assume rights and take
on responsibilities, it can become the owner of
movable and non-movable objects, and it can participate
in procedures carried out before the courts, other
state agencies and bodies with public authority.
Article
6
The Institute as a public institution commences
to function on the day entered in the court records,
and it can conduct its activities and business
with independence and in accord with laws, on
the law based on regulations and this Statute.
The Institute is responsible by its entire assets
to a third party for its obligations stemming
from legal traffic.
The Institute cannot acquire nor sell real estate,
nor can it commit to legal business where values
surpass 2.000.000,00 kuna without the prior consent
of the founders.
Article
7
The Institute accounts for its commitments by
its entire assets.
The founders of the Institute are held equally
responsible for the obligations made by the Institute,
each limited by the percentage of its founder's
share.
Institute losses are covered
primarily from Institute funds, and founders can
decide on whether to cover the losses up to the
percentage of their founding shares.
NAME AND
SEAT
Article
8
The name of the Institute is: Institute for the
Restoration of Dubrovnik.
The name of the Institute in English is: Institute
for the Restoration of Dubrovnik.
The name of the Institute has to be made visible
on the building that is its seat, or the one in
which it conducts the activities for which it
was established.
Article
9
The seat of the Institute is in Dubrovnik, Cvijete
Zuzoric 6.
Article
10
The Institute can change its name and seat only
by a decision made by the founders.
ACTIVITIES
Article
11
The Law on the Restoration of Endangered Architectural
Heritage determines the activities of the Institute,
and its objective is to ensure special conditions
for the permanent conservation and restoration
of endangered architectural heritage in Dubrovnik,
according to the accepted middle-term and annual
program for the restoration of monuments in Dubrovnik.
The middle-term and annual program for the restoration
of architectural heritage is carried out by the
Administrative Council of the Institute, where
permission from the founders must be received
first.
Article
12
The activities of the Institute include:
- professional and other tasks dealing with the
organization and execution of restoration programs
for the architectural heritage of Dubrovnik;
- restoration, conservation, and the revitalization
of buildings and sites;
- constructive consolidation and the preparation
of buildings with purpose;
- professional tasks related to the organization
of prior research and preparatory work, including
prior archive, archaeological and conservational
research;
- preventive measures for the conservation of
a site;
- compilation of documents related to the site's
existing state;
- compilation of technical documents related to
restoration;
- formulation of a restoration program:
- formulation of investment programs;
- completion of tasks related to ceding work on
restoration;
- expert supervision of work carried out;
- monitoring the completion of investment programs
in terms of fund expenditure, dynamics and work
deadlines;
- coordination of participants laboring on the
restoration of monuments;
- tasks related to the compilation, archiving
and presentation of documents;
- tasks related to informational analysis;
- tasks related to the presentation of earthquake
and war damages, as well as procedures and methodologies;
- tasks related to the promotion of monuments
in Dubrovnik and restoration programs;
- tasks related to financing (relationship with
donors, co-financers, international collaboration,
etc.).
Article
13
The activities of the Institute are registered
in the court records.
The Institute also conducts other business determined
by the Law on the Restoration of Endangered Architectural
Heritage in Dubrovnik, alongside the activities
noted in the former article, however usually in
lesser measure and as a standard procedure that
serves to complete the tasks noted by the Institute.
Decisions related to any change
or expansion of Institute activities are carried
out by the Administrative Council of the Institute,
which needs the prior approval of the founders.
SEAL, HALLMARK, STAMP AND LOGO
OF THE INSTITUTE
Article
14
The Institute utilizes a seal and stamp, and a
seal and hallmark with the emblem of the Republic
of Croatia, depending on whether they are to be
used for regular activities that deal with legal
traffic, or for the realization of such official
activities related to the public services that
the Institute offers.
The Institute utilizes a round seal that holds
an inscription of the name and seat of the Institute
on the outer rim of the seal for regular business
and legal traffic. The center of the seal contains
the logo of the Institute.
The director determines the number, size, and
manner in which the seal is used and guarded.
Article 15
The Institute utilizes a seal and hallmark with
an emblem of the Republic of Croatia for official
activities related to the public services that
the Institute offers on the basis of the provision
made in Article 2, Subsection 1 of the Law on
Seals and Hallmarks with the Emblem of the Republic
of Croatia ("Official Gazette", No.
33/95) and in Article 2, Subsection 1 of the Regulations
Manual on how to apply the Law on Seals and Hallmarks
with the Emblem of the Republic of Croatia ("Official
Gazette", No. 93/95).
The seal and the hallmark with the emblem of the
Republic of Croatia are placed on official documents
as proof of their authenticity, and are issued
by the Institute on the basis of their public
authority.
The seal and the hallmark are round in shape,
made of either rubber or metal, 38 mm in diameter,
and hold the name and emblem of the Republic of
Croatia, as well as the name and seat of the Institute
inscribed in a concentric circle around the emblem
of the Republic of Croatia, which is centered
in the seal. The letters in the title, "Republic
of Croatia" must be larger than the remaining
text, and must be in Croatian and in Latin characters.
The Institute will submit a written request to
the Ministry of Justice of the Republic of Croatia
for the issuance of a permit required for the
manufacture of seals and hallmarks.
The director of the Institute will designate,
in writing, which employee of the Institute will
be entrusted with the seal and hallmark noted
in Subsection 1 of this article, and will ensure
the necessary conditions needed for the task of
safeguarding the seal and hallmark.
Article
16
The Institute has a square-shaped stamp, sized
50 x 70 mm, which is inscribed with the name and
seat of the Institute, and with an area intended
for the recording of the document number and the
date of receipt.
Article
17
The Institute has a registered logo.
The logo is made up of a shield containing the
historical emblem of Dubrovnik, on a stone plaque,
and the emblem of the Hague Convention on the
Conservation of Cultural Monuments in the upper
third portion of the logo.
The entire logo is navy blue on a white background.
The Administrative Council of the Institute determines
whether changes can be made to the contents and
form of the logo.
The registered logo of the Institute is used as
a header in official documents, above the name
and seat of the Institute, telephone, telefax
and email.
ORGANIZATION OF THE INSTITUTE
Article
18
In order to realize its activities, the Institute
is organized in the following manner:
1. Office of the Director;
2. Technical Section;
3. Administrative Section;
The organizational units of the Institute have
no legal entity status and no authority in legal
traffic.
Article
19
The Regulations Manual concerning the internal
organization of the Institute determines the set-up
of each individual sector, manner of work, the
authority and responsibility of employees in the
execution of various tasks, the number of required
executors, and the conditions related to professional
education and employee work experience in the
organizational units noted under Article 18 of
this Statute.
INSTITUTE MANAGEMENT
Administrative Council
Article
20
The Administrative Council of the Institute manages
the Institute.
The Administrative Council of the Institute is
made up of a president and four members.
The same person can be re-elected as a member
of the Administrative Council.
The Government of the Republic of Croatia appoints
and absolves the president and two members of
the Administrative Council, and one member each
for the Dubrovnik-Neretva County Board and the
City of Dubrovnik Board.
The members of the Administrative Council are
entitled to receive compensation for travel and
other costs in accordance with the law and decisions
made by the founders.
Article
21
The mandate of Administrative Council members
lasts 4 (four) years.
A member of the Administrative Council can be
relieved of duty as a council member prior to
the completion of the member's mandate, except
in revocation cases and under the following circumstances:
- upon personal request - resignation from duties
as an Administrative Council member;
- if the capacity to perform is lost;
- if the respectability of the position held is
abused by personal behavior;
- if the instructions and directions of the founders
are not upheld;
- if there is any participation in the carrying
out of illegal decisions or decisions that harm
the Institute;
- if the council member does not carry out the
responsibilities assigned with constancy;
- if three Administrative Council sessions are
unjustifiably missed in one calendar year.
The President of the Administrative Council, following
a discussion panel with the Administrative Council,
submits a proposal or the initiation of procedures
to absolve a member of the Administrative Council
in the cases noted in paragraphs 2, 3, 4, 5, and
6 of the former subsection to the proper body
of the founder that nominated the member in question.
A member of the Administrative Council that is
being relieved of duties has to be given the opportunity
of learning the reasons for the revocation.
The final decision on having a member of the Administrative
Council revoked is carried out by the proper body
of the founder that first nominated the member.
Article
22
The director of the Institute and the president
of the Expert Advisory Commission for the Restoration
of Dubrovnik cannot be members of the Administrative
Council.
The director of the Institute
participates in the work of the Administrative
Council without the right to make decisions.
Article 23
The Administrative Council prepares :
- decisions on the control of assets and other
legal business when values exceed 2,000,000 kuna,
in accordance with the annual restoration program
and the annual fiscal plan, but with the prior
approval of the founders;
- the Statute of the Institute, as well as modifications
and amendments, with the prior approval of the
founders of the Institute;
- a Manual of Proceedings on the work of the Board
of Directors;
- general official documents of the Institute
as noted in Article 51 of this Statute, specifically:
a regulations manual concerning the Institute's
internal organization and method of work, a regulations
work manual, and a regulations manual on the wages
of Institute employees, as advocated by the director;
- middle-term and annual programs on the restoration
of architectural heritage, as recommended by the
director, following approval by the founders of
the Institute;
- an annual fiscal plan and monitors its execution
in accordance with the annual restoration program,
following approval by the founders of the Institute;
- an annual report on the settlement of accounts;
resolves :
- the disbursement of profits
in accordance with the provisions foreseen by
law and this Statute;
- the covering of losses sustained by the Institute,
from Institute funds, or proposes the covering
of losses up to the amount of the founders' shares
to the founders;
- the establishment, composition, mandate, and
work of expert councils, other collegiate expert,
supervisory, and consultant bodies of the Institute,
in accordance with this Statute and the Law;
- the annual reports submitted by the director;
- the individual rights of employees in the second
degree;
- all other issues that concern the management
of the Institute, and which are handled by the
body managing the Institute, as foreseen by the
Law on Institutions.
Article 24
The Administrative Council deliberates and resolves
issues during assemblies.
The deliberations and conclusions of the Administrative
Council are valid when more than half of the total
board members are present.
The Administrative Council passes rulings following
a majority vote by its members.
Usually, the Administrative Council carries out
rulings by public votes.
The functions of the Administrative Council are
laid out in the Manual of Proceedings.
Article
25
An Administrative Council Assembly is called by
the President of the Administrative Council according
to need, or upon a recommendation made by one
of the founders and the Director of the Institute.
The President of the Administrative Council, appointed
by the Government of the Republic of Croatia,
presides over Administrative Council Assemblies.
The President of the Administrative Council is
compelled to convene an Administrative Council
Assembly soon after a justified proposal is submitted
by a founder of the Institute, within 8 (eight)
days following receipt of the proposal.
T h e D i r e c t o r
Article
26
The Director manages the Institute.
In order to realize the functions and tasks of
the Institute on the basis of the Law on the Restoration
of Endangered Architectural Heritage in Dubrovnik,
the Law on Institutions, and this Statute, the
Director performs the following duties:
- organizes and manages the work and business
of the Institute;
- represents and embodies the Institute;
- represents the Institute in all proceedings
before courts of law, administrative and other
state bodies, and other legal entities with public
authority;
- executes the rulings made by the Administrative
Council;
- ensures the lawfulness and expertise of work
done by the Institute;
- proposes middle-term and annual programs for
the restoration of monuments in Dubrovnik to the
Administrative Council;
- proposes the annual fiscal plan to the Administrative
Council, and is responsible for its lawful execution
in accordance to the annual restoration program;
- proposes the distribution of funds and the dynamics
of its disbursement to the Administrative Council;
- submits a proposal of the Statute's outline
to the Administrative Council, as well as amendments
and supplements, and other official documents
passed by the Administrative Council;
- carries out other general official documents
of the Institute as noted in Article 51 of the
Statute, which do not come under the authority
of the Administrative Council;
- carries out general official documents of the
Institute, and carries out independent rulings,
decisions, directions and injunctions related
to these documents;
- submits a report to the Administrative Council
on the overall business of the Institute;
- offers suggestions and opinions on certain issues
to the Administrative Council;
- determines the need of hiring employees, or
the recruitment and termination of employment
according to the law;
- determines the rights of employees in the first
degree;
- designates personnel authorized to sign financial
and other documentation;
- issues written authorization for others to represent
the Institute in legal traffic;
- issues written authorization to an employee
who acts as a proxy in case of absence;
- handles other business as determined by law,
this Statute, and other general rulings of the
Institute.
Article
27
The Director of the Institute signs all financial
and other documentation of the Institute that
falls under his authority.
The Director of the Institute is authorized to
independently make contracts in legal traffic
that fall under the domain of the Institute, where
the individual value does not exceed 100,000 kuna,
in the manner and procedure foreseen by law, except
in those cases that concern the realization of
a restoration program for a year where the Administrative
Council has already passed a decision of acceptance.
Article
28
The Director of the Institute cannot make a contract
with the Institute in his own name and for his
own account, in his own name and for the account
of others, or in the name and on the account of
others, without the special authorization of the
Administrative Council.
Article
29
A proxy can be chosen to represent the Institute,
alongside the Director.
The Director, within the bounds of his authority,
issues a proxy that represents the Institute.
The Director can give the proxy to an employee
of the Institute, or to someone outside the Institute.
The Director can issue one of the proxies foreseen
by the provisions made in the Law on Obligatory
Relations, as follows:
- a distinct (special) proxy as noted in Article
91, Subsection 3 of the Law;
- a common (general) proxy as noted in Article
91, Subsection 2 of the Law.
Article
30
The Director of the Institute, based on a public
tender, is appointed and dismissed by the Government
of the Republic of Croatia, according to the considerations
submitted by the City of Dubrovnik Board and the
Dubrovnik-Neretva County Board.
The Director is appointed for a period of 4 (four)
years and can be re-elected for the same duties.
Article 31
In order to be appointed as Director of the Institute,
the following special conditions have to be fulfilled
alongside the general ones:
- a university education;
- a minimum of five years work experience;
- knowledge of one foreign / universal / language;
- professional, work and organizational capabilities.
Article
32
The Administrative Council announces and conducts
a public tender for the appointment of a Director.
The Administrative Council announces (publishes)
the public tender for the appointment of a Director
in the daily press and in the "National Gazette"
at least 60 days prior to the expiration of the
Director's mandate.
The aforementioned public tender, alongside the
conditions that the candidate must meet and the
documentation that proves the criteria has been
met, contains:
- a provision that the director is appointed for
a set period of 4 years,
- a provision on the deadline for submission of
applications to the public tender, which cannot
be less than 8 days from the date announcing the
public tender;
- a provision on the time period in which candidates
are informed of the appointment, and which cannot
be longer than 45 days following the last day
for submission of applications;
- a provision whereby incomplete and late submissions
are unacceptable.
Article
33
The Administrative Council, after the completion
of the tender, determines which candidates submitted
complete and timely applications, and which candidate
satisfies the demanding conditions of the tender,
and submits a report and the entire tender documentation
to the City of Dubrovnik Board and the Dubrovnik-Neretva
County Board.
The City of Dubrovnik Board and the Dubrovnik-Neretva
County Board submit their consideration to the
Government of the Republic of Croatia, which appoints
the Director of the Institute.
Article
34
If no applications are submitted to the tender,
or if none of the candidates qualify, the tender
will be repeated. The Republic of Croatia will
appoint an acting director, for a maximum period
of one year, until such time as a director of
the Institute is appointed on the basis of the
repeated tender.
Article 35
The Administrative Council makes a labor contract
with the appointed director in accordance to the
Law on Labor. Upon the regular expiration of a
mandate, the director's contract is cancelled.
Simultaneously, the director is offered a different
contract for such business and tasks related to
his university education and the needs of the
Institute, unless there are grounds for the regular
and irregular dismissal of the work contract.
Article
36
The Director of the Institute can be relieved
of his duties before the expiration of his appointment
for reasons, in the manner and by the procedures
determined by the Law on Institutions.
Alongside the reasons noted in Subsection 1 of
this article, the Director can be dismissed for
the unacceptability of the report noted in Article
26, Subsection 2, Paragraph 9 and 13 of this Statute.
The Expert Advisory Commission
for the Restoration of Dubrovnik
Article
37
The Institute has a Expert Advisory Commission
for the Restoration of Dubrovnik due to the particularities
and complexity of work on the restoration of monuments,
and for the resolving of professional issues.
The Administrative Council of the Institute will
pass a ruling as to the number and composition
of members in the Expert Advisory Commission for
the Restoration of Dubrovnik, appointed according
to Article 14, Subsection 2 of the Law.
The Expert Advisory Commission for the Restoration
of Dubrovnik includes one member each from the
Ministry of Culture, the Ministry of Environmental
Protection and Physical Planning, the Ministry
of Public Works, Reconstruction and Building,
the City of Dubrovnik, the Croatian Chamber of
Architects and Engineers in Construction, and
the Croatian Conservation Society.
Article
38
The Expert Advisory Commission for the Restoration
of Dubrovnik reviews all the professional issues
that arise from the procedure of defining and
executing the program on the restoration of architectural
heritage in Dubrovnik.
The Expert Advisory Commission for the Restoration
of Dubrovnik reviews problems, philosophies, methodologies
and technologies as a control mechanism whereby
it can convey its expertise and authority to the
participants occupied with the restoration work
and revitalization of monuments in Dubrovnik.
The objective is to reach such decisions that
ensure a maximum effect in terms of maintaining
the worth of monuments, as well as simultaneously
achieving the best results in strengthening the
building against seismic activity, and establishing
the prerequisites for its use.
The Expert Advisory Commission for the Restoration
of Dubrovnik offers evaluations, recommendations
and conclusions on the basis of the aforementioned
activities.
INSTITUTE ASSETS
Article
39
The assets of the Institute for the Restoration
of Dubrovnik are made up of real estate, movable
property, monetary funds, and the rights of the
Institute for the Restoration of Dubrovnik, as
an administrative organization that has the capacity
of a legal entity based on an Act passed by the
Assembly of the Municipality of Dubrovnik in 1979.
The assets from the previous subsection are determined
by a provision made in Article 11, Subsection
2 of the Law on the Amendments and Supplements
of the Law on the Restoration of Endangered Architectural
Heritage in Dubrovnik ("National Gazette",
No. 128/99).
The list and evaluation of assets, from this article,
constitute a part of this Statute and are established
as the means necessary for the establishment and
commencement of work by the Public Institute for
the Restoration of Dubrovnik located in Dubrovnik,
Cvijete Zuzoric 6, and this on the day when the
amendments and supplements from the Law in the
previous subsection took effect, more precisely,
on December 08, 1999, that is, the day of evaluation.
Article
40
On the day when the Law on Ownership and Other
Real Rights ("National Gazette", Nos.
91/96 and 68/98) took effect, the assets of the
Institute for the Restoration of Dubrovnik also
comprised real estate assigned to the Institute
for the Restoration of Dubrovnik as the legal
bearer entitled to manage, use or control the
Institute for the Restoration of Dubrovnik, as
an administrative organization with the features
of a legal entity, founded by an Act of the Assembly
of the Municipality of Dubrovnik in 1979.
Article
41
The Administrative Council and the Director manage
the assets of the Institute according to the Law
and this Statute.
Article
42
The Institute obtains operational funds from:
- the budget of the Republic of Croatia;
- the budget of the Dubrovnik-Neretva County;
- the budget of the City of Dubrovnik,
proportionally to the percentage shares of the
founders, and according to the annual program
for the restoration of architectural heritage
and the annual fiscal plan, including the means
for operating the Institute (salaries and contributions,
material employee benefits, and so on), and for
bearing the costs determined for work noted in
Article 34, Subsection 1, Paragraphs 1, 2, 3,
and 4 of the Law on the Amendments and Supplements
to the Law.
The funds from the previous paragraph are conveyed
to the transfer account of the Institute in accordance
to a ruling made by the Administrative Council
concerning the distribution of funds and their
manner of disbursement.
Alongside the funds mentioned in paragraph 1,
other funds intended for the program on the restoration
of architectural heritage are derived from:
- funds from the owner or user of buildings located
within the architectural heritage;
- annuity from the architectural heritage;
- organized tours of the architectural heritage
and residence taxes;
- foundations, legacies, and endowments established
for the conservation and restoration of the Old
Town in Dubrovnik, both nationally and abroad,
and sponsorships, donations, and other support;
- other means determined by law or other regulations.
Article
43
The funds in Article 42, paragraph 1 of this Statute
are intended for the financing of material and
other labor costs of the institution, compensation
of salaries, and other compensations for Institute
employees, and for the realization of the restoration
program.
The funds in Article 42, paragraph 3 are intended
for the realization of the program for the restoration
of the architectural heritage in Dubrovnik, and
these funds are to be disbursed according to the
annual program, with the exclusion of owner or
donator funds, who decide on how such funds are
to be used.
Article
44
The Institute's Administrative Council determines
the program of restoration and the annual fiscal
plan for each calendar year.
The Institute formulates a work plan and an annual
fiscal plan for the Institution for each calendar
year.
A report on the settlement of the Institute's
accounts is submitted for a time period determined
by the provisions of appropriate laws on the financial
- material business aspects of the institution.
The director submits a report on the business
of the Institute once the Administrative Council
of the Institute is selected.
Article
45
The financial business (accounting and bookkeeping
business), records of financial transactions and
the funds of the Institute are executed according
to law and other regulations.
The profits realized by the activities of the
Institute are used exclusively for the purposes
of conducting and developing the activities of
the Institute, in accordance with laws, other
regulations and this Statute.
PUBLIC ACTIVITIES
Article
46
The activities of the Institute are public.
The Institute is obligated to keep the public
informed in a timely and objective manner as to
the activities it is meant to perform.
In order to inform the public, the Institute can
publish periodicals (including electronic mail),
can organize press conferences, and can inform
the public by way of professional and other gatherings.
The director, president of the Administrative
Council, or another authorized person can offer
information on the activities of the Institute
in a public address by way of the media.
The Institute is required to allow a person who
can prove legal interest the right to look into
its activities.
The director is responsible for the public activities
of the Institute.
Article 47
The Institute retains the right to withhold information
or to look into documentation that contains data:
- considered as a business secret according to
a general official document of the Institute,
- considered as confidential according to the
official documents of other bodies,
- concerning the personal records of individuals.
MONITORING OF INSTITUTE ACTIVITIES
Article
48
In monitoring the Institute's legal activities
and general official documents, the Ministry of
Environmental Protection and Physical Planning
functions as an administrative and supervisory
body in ensuring the execution of the Law on the
Restoration of Endangered Architectural Heritage.
The Ministry of Culture and the Ministry of Spatial
Planning, Construction and Habitation monitor
the professional work of the Institute separately.
The appropriate state administrative body monitors
the financial dealings of the Institute, with
respect to the funds assigned to the Institute
from the state budget, and the local self-government
and administrative budget.
The Government of the Republic of Croatia decides
on the disputes of authority between provisions
of the Law and this Statute.
INTERNAL REGULATIONS
Article
49
The internal regulations of the Institute, in
accordance with valid rules, regulate the general
manner of work, business, and internal organization
of the Institute, and the rights and responsibilities
of employees.
Article
50
The internal regulations of the Institute are
the Statute, Regulations, Proceedings, and Rulings
that in general handle issues dealing with the
Institute, and which are carried out by those
bodies with the authority to manage the Institute.
Article
51
The Institute has the following internal regulations
alongside the Statute:
- Regulations on the internal organization and
work of the Institute,
- Regulations on work,
- Regulations on the wages of Institute employees,
- Regulations on the level, manner and conditions
of authorizing loans from funds for the restoration
of architectural heritage,
- Regulations on the work of the Administrative
Council,
- other internal regulations that need to be passed
according to the provisions made by separate laws,
regulations and this Statute.
Article
52
The Statute is the main internal regulation of
the Institute.
Amendments and supplements to the Statute can
be made in the form of statutory decisions according
to the procedures foreseen for the passing of
the Statute.
The Statute of the Institute cannot be contradictory
to the law, and other internal regulations of
the Institute cannot clash with the law or this
Statute.
The provisions of valid laws are applied in those
instances where the provisions contained in the
internal regulations are contrary to the provisions
made by law or this Statute, until a procedure
is finalized.
In monitoring procedures, if the appropriate ministry
should discover that the internal regulations
or Statute conflict with the Constitution, law
or any other regulation, it will suspend its execution,
and within a one-month period, it will propose
that the Government of the Republic of Croatia
abolishes or revokes the document in dispute.
Article
53
The director of the Institute is obligated to
pass an internal regulation that sets out the
conditions and manner in which to conduct the
public service, within a 30 day time limit, from
the day in which a ruling was passed by the Administrative
Council of the Institute that determines the activities
of the Institute as a public service with public
authority. It will forward this same document
to the proper ministry within an 8-day time limit.
Article
54
Internal regulations are posted on the announcement
board of the Institute, and they take effect on
the eighth day of their posting, unless the internal
regulations takes effect on the same day it is
posted on the basis of a particularly justified
reason.
Article
55
The Administrative Council interprets particular
provisions of the Statute and other internal regulations.
OTHER PROVISIONS
B u s i n e s s S e c r
e t s
Article
56
Business secrets are of such content that would
harm the business of the Institute, or its business
respectability, or the interests and respectability
of employees were they to be divulged or exposed
to unauthorized persons.
All employees are obliged to keep business secrets
if they should by chance come across any data
considered to be a business secret.
Article
57
A business secret is considered to be:
- documents that are deemed business secrets by
the director;
- data submitted in confidence to the Institute
by an authorized government body;
- the measures and manner of procedure in extraordinary
circumstances;
- documents dealing with defence;
- a plan for the physical-technical protection
of employees and Institute assets;
- other data that would be contrary to the interests
of the Institute, its founders, and other government
bodies, if divulged to an unauthorized person.
Article
58
The director, president of the Administrative
Council, or another authorized person can divulge
data considered to be a business secret to other
persons.
The director is directly responsible the maintenance
of business secrets.
The failure to guard a business secret is deemed
to be a grave infraction of work ethics.
I n s t i t u t e E m p
l o y e e s
Article
59
The employees of the Institute are entitled to
rights on the basis of work according to law and
to collective agreement.
It is the employee's right to freely organize
a union without restrictions, and to act towards
the realization and protection of personal rights
and interests, in accordance with the Constitution
of the Republic of Croatia, the law and other
general official documents.
The Institute, on the day of its entry in court
records as the legal successor to the administrative
organization the Institute for the Restoration
of Dubrovnik, takes on its rights and obligations,
funds and employees.
The director is obligated to assign positions
to the employees mentioned in paragraph 3 of this
article within a 6-month time limit.
A r c h i v i n g o
f D o c u m e n t a t i o n
Article
60
The Institute archives documents, registry and
archive material in accordance with the regulations
on the conservation of archive material.
In case the Institute ceases to function, the
documentation, registry and archive material will
be handed over to the founders or to an archive
institution designated by the founders.
TRANSITIONAL AND FINAL PROVISIONS
Article
61
The Public Institute for the Restoration of Dubrovnik
commences its activities on the day of registry
in court records, and ceases to function as an
administrative organization with the attributes
of the legal entity Institute for the Restoration
of Dubrovnik established by a ruling of the Assembly
of the Municipality of Dubrovnik in 1979.
The mandate of an acting director lasts until
the appointment of a director according to the
Law and this Statute.
Article
62
The Administrative Council and the director will
pass a general official document of the Institute
as noted in Article 51 of this Statute within
a time limit of 30 days from the day in which
the Statute of the Institute took effect.
Article
63
Until such time as the Statute and general official
documents of the Public Institute for the Restoration
of Dubrovnik are passed, the provisions of the
Statute and the general official documents of
the administrative organization the Institute
for the Restoration of Dubrovnik will be applied,
if they are not in conflict with the provisions
of the Law on the Restoration of Endangered Architectural
Heritage in Dubrovnik and the Law on Institutions.
Article
64
This Statute takes effect on the eighth day of
its posting on the notice-board of the Institute.
THE ADMINISTRATIVE COUNCIL OF THE INSTITUTE
President
Antun Vujic, PhD
Official note:
It is hereby confirmed that
the original text of the Statute of the Public
Institute for the Restoration of Dubrovnik was
posted on the noticeboard of the Institute on
February 19, 2002.
Acting Director of the
Institute
Vjekoslav Vierda, MA
|