zavod-za-obnovu-dubrovnika@du.tel.hr
 Laws & Regulations............................

 LEGAL STATUS OF THE INSTITUTE FOR  THE  RESTORATION OF DUBROVNIK<<<

 THE LAW ON THE REHABILITATION OF  DUBROVNIK<<<

 STATUT  OF THE INSTITUTE<<<

 The Administrative Council..................

 adopts  medium-term and annual  rehabilitation  programmes as basis for  budget  funding.

 Administrative Council members:
 President: mr.sc. Božo Biškupić,
 Minister of  Culture
 Marina Matulović Dropulić,
 Minister of  Environment Protection, 
 Physical Planning and Construction

 Božidar Kalmeta,
 Minister of the Sea, Tourism, Transport
 
and Development 
 Dubravka Šuica,
 Mayor of Dubrovnik
 Željko Peković, Deputy-Prefect of the  Dubrovnik-Neretva County

 The Expert-Advisory Commission........

 consisting of eminent Croatian and  international specialists, is responsible  for technical aspects of the  rehabilitation.

 Members of the Expert-Advisory  Commission:
 Miljenko Domijan, president
 Igor Fiscovic,
 Ferdinand Meder,
 Vladimir Markovic,
 Egon Lokošek,
 Željko Pekovic,
 Giorgio Crocci,
 Bernard Fonquernie,
 Michael Petzet.

 Address.............................................

 Cvijete Zuzoric 6
 20000 Dubrovnik -  Croatia
 
Phone numbers:
 +385 (20) 324 060
 
 Fax numbers:
 +385 (20) 323 437
 
 Email:
  zod@zod.hr
  zavod-za-obnovu-dubrovnika
  @du.htnet.hr

 STATUT OF THE INSTITUTE FOR THE RESTORATION OF DUBROVNIK

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

 
 









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