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February 1, 2008
February 22, 2007
Zhytomyr: The Toras Had to Be Returned to the Archives
February 22, 2007
In accordance with the Decree of the President of Ukraine of March 21, 2002 "On Urgent Measures in Terms of Final Overcoming of Ex-USSR Totalitarian Policy Negative Impacs Relating to Religious Issues and Restoration of Rights of Churches and Religious Institutions", in view of meeting numerous requests of Zhytomyr Jewish Community, and according to the Law of Ukraine "On the National Archival Fond and Archival Institutions" (Art.13 and 20) 17 Torah scrolls have been on long-term loan to Zhytomyr Jewish Community from the State Archives of Zhytomyr Oblast.
The scrolls were loaned in accordance with the archival legislation in force. Their systematic quarterly checking as well as intensive inventory have been undertaken, with the scrolls being registered and signed for by Zhytomyr Jewish Community representatives in charge of their safety.
On October 25, 2006 within the latest scheduled checking the total number of archival units available at Zhytomyr Jewish Community appeared inadequate (21 units instead of 17); consequently, the corresponding report was drawn up, the safe (where the scrolls have been kept in) was sealed by the archives employees, the Jewish Community leaders were notified about blocking access to the documents.
On November 28, 2006 the Expert Commission (consisting of the Archives employees, experts of the Department of the Ministry for Internal Affairs of Ukraine in Zhytomyr Oblast, a representative of "The Oranta" Zhytomyr Oblast Insurance Company management, leaders of Zhytomyr Jewish Community) made an examination certifying 7 damaged scrolls. The Commission's opinion was confirmed by the experts' conclusion of the Research Expert and Criminology Centre at the Department of the Ministry for Internal Affairs of Ukraine in Zhytomyr Oblast of December 8, 2006.
Taking into account both the mentioned above and expiration period (December 11, 2006) of the agreement on providing insurance for 17 Torah scrolls temporary loan and, in accordance with the Law of Ukraine "On the National Archival Fond and Archival Institutions" the State Archives of Zhytomyr Oblast sent letters to Zhytomyr Jewish Community, "The Oranta" Zhytomyr Oblast Insurance Company with regard to blocking access to the scrolls and their subsequent return to the archives.
On December 13, 2006 the State Archives of Zhytomyr Oblast informed the management of the Department of the Ministry for Internal Affairs of Ukraine in Zhytomyr Oblast on reported damages of the documents of the National Archival Fond making a request for taking necessary investigation measures aimed at recovery of the above documents as well as providing assistance in terms of their return to the archives as state property.
Since January, 2007 the representatives of the Department of the Ministry for Internal Affairs of Ukraine in Zhytomyr Oblast have confiscated 7 damaged Torah scrolls with a view of another checking and, therefore, making a decision in accordance with Art. 97 of the Criminal Law of Ukraine.
10 Torah scrolls have been left in the sealed safe of Zhytomyr Jewish Community.
The Archives employees have been checking the seals on a regular basis.
According to the archival legislation of Ukraine in force, users of documents of the National Archival Fond (temporary loaned documents included) have no right to desruct, damage or change the content of the documents; they are obliged to provide safety and timely return of the above documents; immediately inform an archival institution on revealed damages or losses; follow the procedure of using documents according to the archival legislation in force; meet the requirements of archival employees on a timely basis; discharge obligations stipulated for by agreements concluded by a user and an owner of documents, or a representative of a juridicial /physical person.
Hereby, taking into account violation of Art. 92-1 of the Administraive Code of Ukraine, Art. 763, 767, 773, 779, 782 of the Civil Code of Ukraine, Art. 9, 10 (p. 1), 13 (p. 1), 16 (p. 2), 20 (p. 3), 21, 42, 43 of the Law of Ukraine "On the National Archival Fond and Archival Institutions", "The Regulations on Use of Documents of the National Archival Fond of Ukraine Which Are the Property of State and Territorial Communities" (approved by Order of the State Committee on Archives of Ukraine No 11473/11753 of December 9, 2005 and authorised by the Ministry of Justice of Ukraine on December 9, 2005, No 11473/11753), the Work Group of the Zhytomyr Oblast State Administration made decision about 10 Torah scrolls to be returned to the State Archives of Zhytomyr Oblast as they are the documents of the National Archival Fond.
Return of the scrolls took place on February 14, 2007 at 12.00 in the presence of the representatives of Zhytomyr Jewish Community.
The State Archives of Zhytomyr Oblast have met the requirements of the Regulations on Temporary Loan of Documents, that is, the documents as the property of state have been returned to the place of their permanent storage.
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