Accepted at the forty seventh plenary session of Inter-parliamentary Assembly of the State Parties of the CIS
(The resolution of April 13, 2018 No. 47-5)
This Code governs the relations in the field of preserving and cultural development and is aimed at providing and protection of constitutional right of each citizen on participation in cultural activities, use of cultural institutions and access to cultural values.
General part
Tasks of the legislation on culture are:
- creation of legal conditions for preserving historical and cultural heritage of the people of the Commonwealth of Independent States and cultural development in the State Parties of the CIS;
- determination of the principles of the relations of subjects of cultural activities;
- determination of the principles of the state cultural policy, state support of culture and providing guarantees of non-interference of the state to creative activities.
1. The legislation on culture is based on the conventional principles and rules of international law, international treaties and the constitution of the state. It consists of of this Code, the national laws and other regulatory legal acts of the state containing the relevant standards.
2. The relations in the field of preserving, protection, use and promoting of objects of cultural heritage connected with land use and town-planning activities are regulated by the national law on objects of cultural heritage, the national land legal system, the legislation in the field of environmental protection and the legislation on town-planning and architectural activities.
3. The property relations arising during the preserving, protection, use and promoting of objects of cultural heritage are regulated by the national civil and administrative legal system, and also the law on objects of cultural heritage.
4. In cases of emergence of discrepancy with other laws of provision of this Code on objects of cultural heritage have priority value.
For the purposes of of this Code the following basic concepts are used:
the author of the result of intellectual activities realized in product of national art trade - physical person which creative activity creates this result;
copyright - set of the precepts of law regulating the legal relationship connected with creation, use and protection of works of science, literature and art, other results of creative activities of people, and also the computer programs and databases;
archaeological field works - the archaeological research relating to identification, studying and preserving objects of archaeological heritage;
archaeological objects - things, the main sources of information on which (irrespective of circumstances of their detection) are the archeological excavations or finds having archaeological value;
archaeological investigations - the type of archaeological field works which is not connected with destruction of occupation layer (except limited shurfovaniye for determination of thickness of occupation layer), including with complete or partial withdrawal of archaeological objects, and performed for the purpose of identification, mapping, localization, interpretation, inspection of object of archaeological heritage, and also receipt of modern data on earlier revealed object of archaeological heritage or planning of actions for ensuring its safety;
archeological excavations - the type of archaeological field works on object of archaeological heritage performed for the purpose of studying of objects of archaeological heritage using the earth and related works destroying occupation layer in parts or in full with complete or partial withdrawal of archaeological objects from excavations;
archaeological research - the scientific activities directed to receipt of new knowledge of patterns of development of ancient societies, societies of era of the Middle Ages and Modern times on remaining balance of material culture, promoting disclosure of patterns of development of data of societies and their individuals which object is the archaeological heritage, and also documentary information of archaeological nature;
archaeological observation - the type of archaeological field works performed in borders of the territories of the objects of archaeological heritage which are in zone of construction, territorial arrangement, restoration or reconstruction of architectural monument, for the purpose of identification of archaeological objects and the remained sites of occupation layer and (or) constructive components of objects of archaeological heritage which shall be researched by methods of archeological excavations;
archaeological heritage - set of the material objects which appeared as a result of life activity of the person, remaining under natural conditions land surface, in bowels of the earth and under water, requiring for identification and studying of application of archaeological methods;
bibliographic information - information on documents created for the purpose of their identification and use;
library - the information, cultural, educational institute or structural division of the organization having the arranged fund of documents and providing them in temporary use to physical persons and legal entities;
library system - set of libraries of the different types connected by interaction and mutually use of library resources;
library service - result of activities of library on satisfaction of information, research, educational, cultural and other needs of users of library;
library science - the area of information, cultural and educational and educational activities of society including creation and development of network of libraries, forming and processing of their funds, the organization of library, information and help and bibliographic servicing of users, preparation of library personnel, scientific and methodical ensuring library activities;
the state cultural policy (policy of the state in the field of culture) - set of the purposes, the principles and regulations by which the state in the activities for preserving and cultural development, means for achievement of the specified purposes, and also directly activities of the state in the field of culture is guided;
the state protection of objects of cultural heritage of the people of the CIS - system of the measures accepted by public authorities within their competence directed to identification, accounting, preserving, studying and introduction in scientific and cultural turnover of the objects of material culture relating to cultural heritage of the people of the CIS;
the state protection of objects of non-material cultural heritage - system of the legal, organizational, financial, material, information and accepted by public authorities of different level within their competence other measures directed to identification, accounting, studying of objects of non-material cultural heritage, prevention of their disappearance or causing harm by it, control of preserving and use of objects of non-material cultural heritage according to this Code;
the state theater, the theatrical organization - the theater, the theatrical organization created by authorized body of the government;
the document - the material object with information fixed on it in the form of the text, sound recording, the image or their combination intended for transfer in time and space for the purpose of public use and storage;
advantage of cultures of the people and ethnic communities - recognition of value of these cultures and manifestation of respect for them;
innovative activities of library - process of creation and realization of innovations and obtaining on their basis of practical result - innovations - in the form of new information products and services, new technology, and also implemented in practice of the solutions of organizational, technical, social and economic and other nature exerting positive impact on library science;
innovation in the library sphere - the implemented model of activities, products, services having the quality characteristic absolute or relative novelty; going beyond the acquired traditions; essentially improved or qualitatively new level removing professional activity of library on;
information technologies - set of the methods, production processes and program technical means united in the technological complex providing collection, creation, storage, accumulating, processing, search, copying, transfer, distribution and information security;
information - data or data on the facts, events, the phenomena, processes irrespective of method of their representation;
infrastructure of the welfare sphere - set of the material, organizational, financial and economic, personnel, information and methodical and other conditions of implementation of welfare activities providing satisfaction of spiritual needs of citizens;
book monuments - the hand-written books or printing editions having outstanding spiritual, historical and cultural, material value and having special historical, scientific, cultural value for the nation and the state concerning which the specific mode of accounting, storage and use is set;
commercial theater, the theatrical organization - the theater, the theatrical organization created in one of the forms of business provided by the civil legislation for the commercial organizations;
culture - set of cultural values and cultural activities;
cultural activities - activities for preserving, creation, distribution and mastering of cultural values and provision of the cultural benefits;
cultural and leisure activities - component of welfare activities which helps the solution of many social problems the peculiar forms and by methods (art, folklore, holidays, ceremonies etc.);
cultural heritage of the people of the CIS - the objects of material and non-material culture created in the past and which are of value with esthetic, welfare, historical, archaeological, architectural and other points of view significant for preserving and development of national and cultural identity of the people and ethnic communities of the State Parties of the CIS;
cultural and educational activities - system of the professional and public work directed to involvement of different national groups in process of continuous education, amateur creativity, entertainment and other forms of leisure;
cultural aspects of target programs - perspectives of economic, ecological, social, cultural and national development from the point of view of impact of results of implementation of these programs on preserving and cultural development, and also influence of the culture on these results;
the cultural benefits - goods and the services provided by physical persons and legal entities for satisfaction of cultural needs of citizens and society in general;
cultural values - objects of material and non-material culture; moral, spiritual and esthetic ideals, regulations and examples of behavior, languages, dialects and dialects, national traditions and customs, folklore, national art crafts and crafts, works of culture and art, the results and methods of scientific research of cultural activities having the historical and cultural importance; buildings, constructions, objects and technologies; unique territories in the historical and cultural relation and objects;
occupation layer - the earth layer containing traces or remaining balance of activities of the person during last eras;
the master of national art trade - physical person which makes products of certain national art trade according to its traditions;
the interlibrary subscription - the system of servicing of readers based on mutual use of funds of libraries;
interstate cooperation of libraries - the coordinated work on development of bonds and the relations of libraries among themselves, their interactions with cultural, scientific, information, educational and other organizations for the purpose of strengthening of public influence of libraries and their role in world library space;
minority languages (languages of minorities), regional languages - the languages extended among the population of the state (the citizens and persons who are constantly living in its territory including persons without citizenship and foreigners), different from official language;
municipal theater, the theatrical organization - the theater, the theatrical organization created by authorized body of local self-government independently or with participation of other subjects of the civil law;
national art trade - one of forms of amateur and folk arts, the activities for creation of art products of utilitarian and (or) decorative appointment performed on the basis of collective development and successive development of traditions of folk art in certain area in the course of creative manual and (or) mechanical work of masters of national art crafts;
the scientific report on results of archaeological field works - the main document providing the complete information about results of the archaeological field works which are carried out according to the issued permission to the right of their carrying out;
national traditions - national memory of the people which distinguishes these people among others stores the person from depersonalization, allows it to feel link of times and generations, keeps and extends non-material values (ethical, esthetic, moral, intellectual, historical, civil);
national, ethnic, regional cultures - cultures of the people, ethnic groups, ethnic and ethnic minorities, indigenous ethnic groups which are constantly living in the territory of the state;
national library stock - the part of library stock of the country having special historical, scientific, cultural value, intended for permanent storage and public use, being cultural property; consists of the documents completed on the basis of system of obligatory copy of documents, and book monuments; it is protected by the state;
the national movie - the work which reflects specifics of national cinematography; the concept is used for the purpose of creation of system of protection author's and the related rights in the territories of the states, creations of conditions of development of national film production, hire and display of movies, their representation at the international festivals and tenders, participations in joint film production taking into account the international standards and agreements;
national language (national languages) - the official language (official languages) of the state used in legislative and management activity of public authorities, law enforcement agencies, case - and legal proceedings, the state media, in work of services of the emergency help;
non-state theater, the theatrical organization - the theater, the theatrical organization created by subjects of the civil law without participation of public authorities;
non-commercial theater, the theatrical organization - the theater, the theatrical organization created in one of the forms of business provided by the civil legislation for non-profit organizations;
non-material cultural heritage - set inherent ethnic, social or confessional group of the cultural, intellectual and moral and ethical wealth which is reflection of cultural and national identity of society and covering conduct of life, traditions and forms of their expression including language, regulations and rules of conduct, beliefs, ceremonies, customs, festivals, folklore, manufacturing techniques of objects of national arts and crafts, musical instruments, household items and national art canons which are implemented in historically developed plots, images and stylistics of their embodiment;
the carrier of non-material cultural heritage - the physical person (group of physical persons) having unique knowledge, beliefs, skills in the field of traditional national culture: language, folklore, ceremonies, customs, art crafts and crafts, performing and arts and crafts;
object of archaeological heritage - in parts or in full the traces of existence of the person hidden in the earth or under water during last eras, including all movable objects having relation to them the main or one of the main sources of information about which the archaeological field works or accidental finds which underwent identification are;
objects of material cultural heritage - historical and cultural monuments, including objects of archeology, architecture and monumental art, and also the noteworthy places representing historical, art, scientific and memorial value;
objects of non-material cultural heritage - language, national knowledge, beliefs, festivals, ceremonies and customs, skills and abilities in the field of performing and arts and crafts folk art, folklore, keepers and which carriers are the physical persons transferring in their oral way from generation to generation; the language, national knowledge, beliefs, ceremonies, customs, festivals, works of folklore fixed on different types of material carriers and which are stored in the state museums, archives and libraries, and also in archives of research establishments, educational institutions, other organizations;
objects of material culture - the buildings having the historical and cultural importance, constructions and objects, unique in the historical and cultural relation of the territory, objects etc.;
objects of non-material culture - moral and esthetic ideals, regulations and examples of behavior, languages, dialects and dialects, national traditions and customs, historical toponyms, folklore, literary works, arts, amateur and folk arts etc.;
obligatory copy of documents (obligatory copy) - set of the copies of different types of the replicated documents which are subject to transfer by their producers to the relevant organizations according to the procedure and quantity, established by the existing national legal system;
the organization of culture - the legal entity performing cultural activities as the main activities and acting in the forms of business provided by the national civil legal system;
the organization of welfare activities - the interaction of citizens directed by social institutes or individuals in creation, development, preserving and distribution of culture values, significant for them;
the user of library (the reader, the subscriber, the visitor of action) - physical person (the individual user) or the legal entity (the collective user) addressing to library behind library services;
the director (the production director, the ballet master-director, the conductor-director, the art director) - person performing theatrical performance or its separate part on the basis of the independent art decision;
the producer - legal entity or physical person which will organize also finances preparation and (or) display of theatrical performance;
permission (open leaf) - the document (documents) granting to the skilled specialist archeologist the right to carrying out archaeological field works of certain type according to the procedure and on the conditions established by the national legal system;
welfare activities - historically caused, pedagogically directed and socially demanded process of transformation of culture and cultural values in object of interaction of the personality and social groups for the benefit of development of each member of society; it is mainly spent during free (leisure) time, differs in voluntariness and freedom of choice, initiative of different collectives, activity of individuals. In case of the choice of the leisure occupation connected with self-realization, self-development, pleasure, communication, improvement also we designate, requirements and interests of the person are considered;
social institute - the form of the organization of joint life activity of people which historically developed or created by purposeful efforts which existence is dictated by need of satisfaction of social, economic, political, cultural or other requirements of society, social groups and persons;
rescue archaeological field operations - the type of archaeological field works performed quickly by scientific methods of archeological excavations and observations for the purpose of preserving object of the archaeological heritage subjected to threat of destruction from anthropogenous or natural factor, and transformation of object of archaeological heritage into source of scientific knowledge of life of prior generations of people and their communities;
performance - public display of theatrical performance in live execution;
subjects of cultural activities - the physical persons and legal entities participating in cultural activities;
creative activities - the type of cultural activities connected with creation of cultural values and (or) their interpretation; the form of activities of the person or collective directed to creation of qualitatively new material, non-material and social values;
the creative specialist - physical person, the subject of author's, related or labor right, whose professional creative activity is directed to creation or interpretation (transfer) of the literary work and art, by whatever method or in what they were expressed to form;
the creative union - type of professional and creative public organization of creative specialists of one or several areas of the culture created on the basis of their individual membership;
creative variation - one of forms of manifestation of folk art, the main method of reproduction of standard sample of product of national art trade which provides modification and the amendments in composition, color, ornamental, plastic and other art scheme of product which are not leading to basic change of author's intention, decrease in art level and quality of production of product of national art trade in comparison with its standard sample;
theater - the organization which main activities is creation and public display in live execution of theatrical performances, other representations;
theatrical activities - activities for creation, distribution and preserving works of theater;
the theatrical organization - the organization which main objective is ensuring activities of theaters and (or) creative specialists of theaters;
theatrical performance - the work of theater created on the basis of the drama or musical and drama work, having general intention and the specific name;
cultural institution - the non-profit organization created by the owner for implementation of cultural activities and financed by it fully or partially;
the movie - the audiovisual work created in any form and different genres, intended for display according to the procedure, considering traditions, customs and national peculiarities of the state which adopted the law on the state support of cinematography;
examination of cultural values - the procedure of the analysis and assessment of cultural values performed on the basis of special knowledge in the field of science, the equipment, art, craft and other fields of activity;
ethnocultural policy of the state - the set of the purposes, the principles and priorities of activities of public authorities concerning protection and use of cultural heritage of the people of the CIS, objects of material and non-material culture, cultural exchange and cooperation directed to preserving and development of cultures and languages of the people, ethnic groups, ethnic and ethnic minorities, the indigenous ethnic groups living in the territory of the state;
ethnocultural library interaction - the joint activities of libraries in the multiethnic circle with representatives of different ethnoses which are based on respect for cultures of the people of the CIS, on recognition of cultural and language diversity of society, the cultural community of the people created during cohabitation in the single state;
ethnocultural interaction - the coordinated actions of the State Parties of the CIS concerning protection and use of cultural heritage of the people of the CIS, objects of their material and non-material culture, cultural exchange and cooperation directed to preserving and development of cultures and languages of the people of the Commonwealth, increase in their cultural level on the basis of the conclusion of the relevant agreements and arrangements necessary for achievement of these purposes, realization of the purposes, the principles and regulations of language and cultural policy within the competence determined by the legislation of the State Parties and the international standards;
ethnocultural forms of education and education - the types of professional and public work on distribution, promoting and development of knowledge of ethnic and regional cultures realized in any pertinent form provided by the national legal system.
1. This Code is applied in the following areas of cultural activities:
- preserving, use, promoting and state protection of objects of cultural heritage of the people of the CIS;
- fiction, theatrical, musical, fine, circus art, architecture, design, cinematography, photoart, other types and genres of art;
- national art crafts and crafts, club case, amateur and folk arts;
- preserving, studying and representation of museum objects and museum collections, book monuments, archive documents;
- development, preserving and use of the library stocks and other information resources used in library science;
- esthetic education, art education, pedagogical activities, scientific research and international cooperation in the field of culture, other cultural activities.
2. The relations in the field of culture concerning legal protection and use of intellectual property items are regulated by the legislation on intellectual property.
Subjects of cultural activities are:
- physical persons, including individual entrepreneurs, employees of the organizations of culture, creative specialists;
- the organizations of culture, and also organization of education, the scientific organizations, other legal entities which perform and (or) provide cultural activities;
- the creative unions, other public associations in the field of culture;
- state bodies and bodies of territorial public self-government;
- international organizations and interstate associations;
- other legal entities who promote preserving, development and dissemination of culture.
The state recognizes equal advantage of cultures of all people and ethnic communities, promotes creation of equal conditions for preserving and development of these cultures, provides and strengthens integrity of culture by means of legislative regulation of the state cultural policy.
1. The state guarantees to citizens irrespective of floor, race, nationality, language, origin, property and official capacity, the residence, the relation to religion, beliefs, belonging to public associations, and also other circumstances the participation right in cultural life, use of cultural institutions, access to the cultural values which are in the state and municipal museums, libraries, archives and other state and municipal storages of cultural values.
2. For the purpose of realization of the right specified in Item 1 of this Article public authorities:
- establish according to the procedure, determined by the national legal system, the state social standards of cultural servicing of the population by the public and local government offices of culture, and also state standards of the guaranteed access to cultural values and cultural institutions;
- invest means and (or) create conditions for investment of means into creation of the organizations of culture irrespective of their form of business, in development of infrastructure of culture and optimization of placement of the organizations of culture according to the established state standards;
- provide the exchange, tour and other portable activities performed by the organizations of culture and directed to preserving single cultural space;
- create conditions for preserving free of charge the main services of public libraries and other types of service in the field of culture, approve lists of the specified services;
- encourage, including by means of implementation of economic policy, activities of citizens for cultural development of children, their familiarizing with creativity, self-education, crafts;
- create conditions for general esthetic education and art education, first of all by means of humanitarization of all education system;
- invest means and (or) create conditions for investment of means into development of information and communication technologies in the field of culture;
- publish annual data on sociocultural situation for data of the population.
1. The state guarantees to citizens the right to all types of creative activities according to their interests and capabilities, at free choice of moral, esthetic and other values, on protection of the cultural originality.
2. The human right to be engaged in creative activities can be performed both on professional, and on nonprofessional (amateur) basis.
Human rights in the field of culture are priority in relation to the rights in this area of the state and any its structures, social and national movements, political parties, ethnic communities, ethnoconfessional groups and the religious organizations, labor unions and other associations.
The state creates to citizens conditions for realization of their right to art education, the choice of its form and methods of its obtaining by forming of system of educational institutions in the field of culture state, municipal, private and other patterns of ownership, including educational institutions of additional education (music, art, choreographic and other schools of arts for adults and children), educational institutions of secondary professional, higher professional and postgraduate professional education. The specified right is provided:
- availability of tuition fee of children at music, art, choreographic and other schools of arts and target financing of such schools from the relevant budgets in the sizes established by public authorities;
- free of charge on competitive basis of secondary professional, higher professional and postgraduate professional education in state and municipal educational institutions of culture within the state educational standards for persons getting education of appropriate level for the first time;
- support of initiatives of the physical persons and legal entities connected with creation and the organization of activities of private educational institutions of all levels in the field of culture, assistance to specified persons in case of the solution of questions of material logistics of the created organizations.
1. Objects of material culture can be in state, municipal, private and other patterns of ownership if other is not provided by the national legal system.
2. Types of objects of material culture which can be only in state-owned property are established by the special law.
Citizens of the state, foreign citizens and stateless persons, and also legal entities, including foreign, have the right to create the organizations for production, preserving, distribution of cultural values and to provision of the cultural benefits, mediation in cultural activities according to the procedure, established by the national legal system.
Citizens of the state have the right to export out of its limits cultural values for the purpose of exhibiting, public representation in other forms, for implementation of restoration works and scientific research, in other necessary cases, and also for the purpose of sale according to the procedure, established by the national legal system.
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