Archival Law and Regulation of Preservation of Current and Archival Records

Abstract

The archival law is part of administrative law. It consists of rules and principles in the respective legal system required for the organization of the archives and of their rights and duties. Archival law is also a science that deals with the archival legal norms. Archival law develops specific rules on archives, and provides legal and natural persons who are obliged to cooperate with archives and turn them over the archival records, prescribes their duties and develops professional guides of archival science, which are legally required, but also provides penalties for their violation. The archival law is a part of the legal order of a country. Therefore, its definition varies from one country to another. Nevertheless, in the EU countries there is a strong tendency for uniform solutions of some archival issues and for upgrading archival law. One of these is undoubtedly the preservation of current and archival records by both, the creators of archival records and the public archives. Equally important is the preservation of current and archival records produced in electronic form. In addition to the legal regulation, it is necessary to emphasize the importance of sanctions and the effectiveness of legal norms. The law should be indeed effective, which means that it works and is implemented in the life of society. At this point one should not overlook the fact that the law becomes stronger and firmer, when the number of those who perceive its rules as appropriate, reasonable and necessary gets bigger.