of March 3, 2006 No. 178
About protection and use of objects of historical and cultural heritage
This Law governs the public relations in the field of protection, use, preserving and promotion of objects of historical and cultural heritage.
The purpose of this Law is:
- legal regulation of ensuring protection and effective use of objects of historical and cultural heritage, their further development for the benefit of society;
- determination of system of law of objects of historical and cultural heritage as special type of real estate and national property;
- establishment of the state control in the field of protection and use of objects of historical and cultural heritage;
- realization of state policy in the field of protection and use of objects of historical and cultural heritage;
- ensuring accomplishment of the international obligations of the Republic of Tajikistan on protection and effective use of objects of historical and cultural heritage;
- protection of the rights of physical persons and legal entities and determination of their obligations on protection and effective use of objects of historical and cultural heritage;
- providing favorable conditions for storage and recovery of objects of historical and cultural heritage;
- determination of responsibility for action or failure to act as a result of which immediate or consequential damage is caused to objects of historical and cultural heritage.
In this Law the following basic concepts are used:
- objects of historical and cultural heritage - the historical objects or objects of material and spiritual culture having universal, nation-wide or local historical, scientific and cultural value;
- the state protection of objects of historical and cultural heritage - system legal, organizational, financial, information, material and others, the measures taken by the state directed to identification, accounting, studying, prevention of destruction and destruction, control of preserving, use and promoting of objects of historical and cultural heritage;
- historical and cultural examination - set of the organizational, scientific and technical actions intended for determination and use of objects of historical and cultural heritage;
- The state register of objects of historical and cultural heritage - the system list which is the main source for preparation of databanks or information systems about objects of historical and cultural heritage and their use;
- zones of protection of immovable objects of historical and cultural heritage - the territories determined by the legislation in which there are these objects or works on their identification and determination are continued;
- recovery of objects of historical and cultural heritage - set of measures for preparation of objects of historical and cultural heritage for use, including their studying, protection, preservation and repair;
- ethnology - processes of forming and development of different ethnic groups, identity of their lives and cultures, their collective behavior and interaction;
- anthropology - biological and physiological features of the person.
The legislation of the Republic of Tajikistan on protection and use of objects of historical and cultural heritage of the Republic of Tajikistan is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by the Republic of Tajikistan.
Objects of personal and real estate with the related works of painting, sculpture, arts and crafts, and also other objects of material culture having certain value from the point of view of history, archeology, culture, architecture, town planning, art, esthetics, ethnology, anthropology belong to objects of historical and cultural heritage.
Objects of historical and cultural heritage include movable and immovable monuments.
- single objects - archeological finds, antiquity objects, the dismembered elements of immovable monuments, anthropological and ethnological materials, historical relics, works of art (painting, graphics, applied art, cinema and photos) which are in the different state and non-state museums, funds, libraries, storages, collections, the documentary materials which are stored in national archive fonderukopisny, typewritten, graphical, film documentary photographs, video and sound recordings, rare printing editions, and also languages and historical toponyms;
- complex objects - historically developed complexes, funds and collections of the specified single objects representing whole, and also the complexes, funds and collections having natural-science value, having complete historical value.
- monuments history - buildings, constructions, memorial places, historical necropolises, monuments and memorials connected with the major events in the life of people, development of society and state and life of the people and also with life activity of outstanding social and political figures and scientists, cultures;
- archeology monuments - caves, parking, ancient settlements, embankments, remaining balance of ancient settlements, strengthenings, fortification constructions, ancient mines, sewer and irrigating systems, roads and bridges, separate barrows and necropolises, rock drawings and texts;
- monuments of town planning and architecture include architectural complexes and complexes, historic centers, quarters, the areas, streets, remaining balance of the ancient layout and building, the cities and other settlements, constructions of civil, military, industrial, cult architecture, national architecture, and also the related works graphic, arts and crafts, landscape gardening and other art forms and national crafts;
- landscapes - joint creations of the person and the nature, and also zone, including the ancient manned places which are of value and huge value from the point of view of history, esthetics, ethnology and anthropology.
Objects of historical and cultural heritage are classified by the following categories:
- the objects of historical and cultural heritage of nation-wide value having exclusive historical, scientific, architectural and art value including archaeological objects;
- the objects of historical and cultural heritage of local value having certain historical, scientific, architectural and art value in the territory of the area (the city, the area);
- the objects of historical and cultural heritage of the international value included in the List of the world cultural heritage.
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