Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF TAJIKISTAN

of August 6, 2001 No. 42

About export and import of historical and cultural values

(as amended on 31-12-2014)
Article 1. Purpose of this Law

This Law determines the legal basis of protection and preserving historical and cultural heritage and establishes procedure for export of historical and cultural values from the Republic of Tajikistan and procedure for their import to the Republic of Tajikistan.

Article 2. Legislation of the Republic of Tajikistan on export and import of historical and cultural values

The legislation of the Republic of Tajikistan on export and import of historical and cultural values 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 the international legal acts recognized by Tajikistan.

Article 3. Basic concepts

In this Law the following basic concepts are applied:

- historical and cultural values - the movable objects of material world representing national historical, art, it is scientific - cognitive, spiritual and moral and other cultural importance;

- export of historical and cultural values - movement through customs border of cultural values out of limits of the territory of the Republic of Tajikistan without obligation of their return import;

- import of historical and cultural values - movement through customs border of cultural values of the territory of the Republic of Tajikistan without obligation of their return export;

- temporary export of historical and cultural values - movement through customs border of cultural values out of limits of the Republic of Tajikistan with the obligation of their return import in the stipulated time;

- temporary import of historical and cultural values - movement through customs border of cultural values of the territory of the Republic of Tajikistan with the obligation of their return export in the stipulated time.

- art examination - studying by the specialist (expert) or group of specialists of questions, the correct solution which requires professional researches and special knowledge.

Article 4. The historical and cultural values falling under operation of this Law

Historical and cultural values fall under operation of this Law:

- created by citizens of the Republic of Tajikistan;

- created in the territory of the Republic of Tajikistan by foreign citizens and stateless persons;

- found in the territory of the Republic of Tajikistan;

- collected in the museums, libraries, archives, cinema - photo record libraries, art galleries and other storages;

- acquired by archaeological, ethnographic, folklore and natural-science expeditions with the consent of authorized bodies of the states from where there are these values;

- received as a result of voluntary exchanges;

- received as heritage, gift or found with the consent of authorized state bodies of the countries in the territory of which these values are found;

- imported on the territory of the Republic of Tajikistan by foreign legal entities.

Article 5. Competence of state bodies in export and import of historical and cultural values

State regulation of export and import of historical and cultural values perform authorized state body in the field of culture and Customs Service under the Government of the Republic of Tajikistan.

Authorized state body in the field of culture:

- determines category of the objects relating to historical and cultural values according to the procedure, approved by the Government of the Republic of Tajikistan;

- makes the decision on possibility of export, temporary export of historical and cultural values;

- performs registration exported and imported, and also temporarily exported and "temporarily imported historical and cultural values;

- provides examination of the historical and cultural values declared to export, temporary export and also in case of their return, after temporary export;

- grants the certificate on the right of export and temporary export of historical and cultural values;

- accepts the detained or confiscated historical and cultural values from the relevant state bodies, carries out expertize and determines procedure for their use.

The Customs Service under the Government of the Republic of Tajikistan according to the legislation of the Republic of Tajikistan exercises control of procedure for export and import of historical and cultural values.

The procedure for conducting examination and control of export and import of historical and cultural values is established by the Government of the Republic of Tajikistan.

Article 6. The property right to the exported and imported historical and cultural values

The bases for emergence of the right of state-owned property and the property right of physical persons and legal entities to the exported and imported historical and cultural values are:

- creation of historical and cultural values at the expense of the government budget;

- creation of historical and cultural values due to activities of legal entities and physical persons;

- transactions based on which historical and cultural values are created and acquired;

- the inherited historical and cultural values.

The property right to the historical and cultural values which are at the same time intellectual property item is regulated according to the legislation of the Republic of Tajikistan.

Article 7. Right of the owner to export of historical and cultural values

Export of historical and cultural values by their owner or person authorized by it, is performed according to the procedure, established by the legislation of the Republic of Tajikistan, based on the certificate on the right of export granted by authorized state body in the field of culture.

The author has the right to export, the historical and cultural values created by him which are in its property according to the legislation of the Republic of Tajikistan.

Article 8. The historical and cultural values which are not subject to export

Historical and cultural values are not subject to export from the Republic of Tajikistan:

- created fifty and more than years ago;

- entered by the state in security lists and registers;

- constantly stored in the state and public museums, archives, libraries and other storages of the Republic of Tajikistan.

Article 9. Temporary export of historical and cultural values

Temporary export of historical and cultural values is performed by physical persons and legal entities in the following cases:

- for the organization of exhibitions;

- for implementation of restoration works and scientific research;

- in connection with theatrical, concert and other artistic activities;

- for registration of embassies and representations of the Republic of Tajikistan;

- in other cases, stipulated by the legislation the Republic of Tajikistan.

Temporarily imported historical and cultural values cannot be used as loan security or to serve as pledge subject.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.