of May 30, 2008 No. 262
About Rules of creation and detention regime of especially protected historical and cultural territories
According to article 29 of the Law of the Republic of Tajikistan "About protection and use of historical and cultural heritage", the Government of the Republic of Tajikistan decides:
1. Approve Rules of creation and detention regime of especially protected historical and cultural territories (is applied).
2. To the relevant ministries and departments, chairmen of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, cities and areas to assist the Ministry of Culture of the Republic of Tajikistan in determination of especially protected historical and cultural territories.
Republic of Tajikistan Emomalii Rahmon
Approved by the order of the Government of the Republic of Tajikistan of May 30, 2008 No. 262
1. These rules determine procedure for creation and detention regime of especially protected historical and cultural territories.
2. Especially protected historical and cultural territories in the form of historical and cultural reserves, historical places and other types are subdivided into reserves of republican and local value.
3. Offers on the announcement of ensemble or complex of historical and cultural monuments the historical and cultural reserve of republican value are introduced by authorized body on protection and use of objects of historical and cultural heritage.
4. For the announcement of ensembles, complexes of historical and cultural monuments the historical and cultural reserve in coordination with the relevant ministries and departments represents the following materials proving feasibility of creation of the reserve, its role in social and economic and cultural development of the city, other settlement, its territory and zone of protection:
- the historical information about historical, scientific, art or other cultural value of group of monuments;
- passports of ensembles, complexes, separate monuments;
- the topographical plan of the parcel of land necessary for the reserve, in scale 1:500-1:2000-1:5000 with indication of borders of the territories of the monuments approved or projectible zones of their protection;
- photodocumentation characterizing in general group of monuments, their circle, separate monuments, other objects, and also value of ensemble, territory complex.
5. The regulations on the historical and cultural reserve of republican value affirm authorized body of protection and use of historical and cultural heritage, and regulations on the historical and cultural reserve of local value local executive bodies of the government.
6. Historical and cultural reserves are created as historical and cultural national parks (memorial estates) and as the historical and cultural state reserved territories (places).
7. The territories of historical and cultural memorial estate are withdrawn from all lands of use and transferred to use of the reserve according to the procedure, established by the current legislation.
8. Historic centers, quarters, the areas, streets, memorable places, occupation layers of the ancient cities and other settlements, natural and artificial landscapes of republican value can be announced by the historical and cultural reserved territories (places) the Government of the Republic of Tajikistan, and for monuments of local value regional, city (the cities and areas of republican subordination) local executive bodies of the government.
9. The historical and cultural reserved territories (places) are created as zones of the special mode of protection and use of historically developed territories of the cities, other settlements and landscapes for the purpose of preserving and recovery of their individual shape.
10. The security territories of especially protected objects of historical and cultural heritage remain in use of former land users with observance of these rules.
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