KOMPETENCA DHE INKOMPETENCA LIGJORE E MENAXHIMIT DHE DHËNIES PËR SHFRYTËZIM TË DOKUMENTEVE ARKIVORE
LEGAL COMPETENCE AND THE INABILITY TO MANAGE AND ENSURE THE USE OF ARCHIVAL RECORDS

Summary/Abstract: In our country today we encounter various difficulties in collecting and managing archival records. These difficulties are determined by many factors, from the historical ones to the human factor. Although to certain extent this activity is regulated by the legislation approved by the competent bodies, we still face an incapable management of archival property. Under the dictates of limited possibilities, especially space, the State Agency of Kosovo Archives with all its composition, even two decades after the end of the war, failed to collect all the archival material as required by law. More than two thirds of the archival property that our Archive store today, is located outside our institution to various creators and fonds owners. This amount, grossly, is inherited from the time before the abolition of Kosovo's autonomy in 1989, which due to lack of space and other reasons we were able to collect and store in our repositories. Irresponsibility of the creators and the non-enforcement of legality is another element that has contributed to this situation, because they, even after the legal deadlines, continue to keep in their premises the archival material which they are obliged to submit to the Archives. They continue to manage it, although the right to manage this material by them, according to the law, expires 30 years after documents were created. From this time on, the preservation, protection, safety and provision of the use of archival documents is the sole responsibility and competence of the Archives, respectively of the State Agency of Kosovo Archives. Thus, today we have a mixed phenomenon of competencies for managing archival property, so within this topic, based on empirical data and legal analysis, the competencies and legal responsibilities for managing and usage of archival documents, which have exceeded 30 years after their creation, will be clarified.

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