Unlawfulness in the archives management in ordinary and extraordinary circumstances (opposition of archival commandments and the consequences deriving from it)

Abstract

Unlawfulness of the opposition of certain norms (commandments or proscription) that is contained in the legislation of one country and represents a threat to society. The protective object of the offense is considered a good or interest which provides legal protection from injury or endangerment of prescribed offenses. For a socially dangerous and unlawful act to exist as a criminal offense, it is necessary for it to be defined by the law as such. The protection of the archival material is provided substantive laws, criminal and other laws in both regular and emergency conditions. The object of the offense is the archival material. It is very complex requiring the physical and competent legal entities, and at the same times the responsibility in ensuring the protection of all forms of archival material. This is particularly complex in the case of emergency situations. It is difficult to enumerate, let alone to closer elaborate any of these forms in exceptional circumstances. There are those emergency - unforeseen circumstances that arise by nature’s laws, unpredictable to human beings: earthquakes, floods, volcanoes, large-scale fires, tsunamis, landslides .... Each of these natural disasters can be for a specific territory considered a form of cataclysm. It is a force major, an event that is beyond the ordinary operations, because it could not be foreseen nor prevented. The character of the force major can have social phenomena such as imminent danger of war, and war itself, when, in many cases starving a greater amount of archival material suffered. Protection of the humans, animals, cultural goods for the event of extraordinary circumstances regulated by the specific laws, regulations, orders, directions and decisions, which should primarily be observed. In addition to these unforeseen forms (force major, natural disasters), where nature is law, there are other regular forms of protection of archival material: conditional accommodation, light, temperature, humidity, microbiological protection, physical protection, fire protection, video protection, IT and electronic protection, digitized protection and other forms of protection. The enumerated types of protection of archival material are regulated by the legislation (laws regulating the protection of archival material, by-laws and general acts, as well as secondary legislation, whose provisions are justified or the obligation for adopting bylaws in the archives, or where some of their provisions affect the archival activities). If the regulations being respected substantive law, and other applicable regulations, then the consequences of all forms of protection would be far less. The author of this paper will be dealing with the issues of principle unlawful conduct in the violation of the archives and another archival positive law legislation that regulates archival activities directly or indirectly, both in ordinary and extraordinary circumstances.