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LAW OF THE AZERBAIJAN REPUBLIC

of June 22, 1999 No. 694-IG

About National Archive Fund

(as amended on 13-06-2019)

This Law governs the relations connected with forming, storage, use of National Archive Fund and activities of archives in the Azerbaijan Republic.

Chapter I. General provisions

Article 1. Basic concepts

The basic concepts used in this Law express the following values:

archive - set of archive documents, the archival organizations or structural divisions of organizations, the companies performing their completing, accounting, storage and use;

National Archive Fund - set of documents irrespective of their type, the place of creation and storage, pattern of ownership which are reflecting the material and spiritual life of people, having historical, scientific, economic, political, social and cultural value, considered as integral part of cultural heritage of the Azerbaijani people;

archival fund - set of the archive documents connected with each other from the historical and logical points of view;

archiving - completing, storage, accounting of archives and the organization of archive agency;

the archive document - the document stored or which is subject to storage, having historical, scientific, cultural value for the state, society or the owner irrespective of data carrier type;

the Public Records Office - the state company performing archiving;

temporary storage of archive documents - storage of archive documents by state bodies and local government bodies, public institutions, companies and organizations in time, provided by this Law;

permanent storage of archive documents - dead storage of these documents in archives, the museums and libraries;

documentary monument - the archive document having rare or special historical and cultural value, referred in accordance with the established procedure to category "documentary monument";

the owner of archive documents - the subject having right of possession or uses of archive documents;

the owner of archive documents - the subject performing in full right of possession and uses of archive documents, orders them in the limits determined by the legislation.

Article 2. Legislation of the Azerbaijan Republic on National Archive Fund

The legislation of the Azerbaijan Republic on National Archive Fund consists of this Law, other corresponding legal acts of the Azerbaijan Republic and interstate agreements supported by it.

In case of contradictions between this Law and interstate agreements supported by the Azerbaijan Republic these international agreements are applied.

Article 3. Tasks of the state in the field of archiving

Tasks of the state in the field of archiving consist in the following:

forming and implementation of state policy in the field of archiving;

determination of the single principles of the organization of archiving;

control of observance of rules of completing, accounting, document storage of archival fund and use of them;

the state guarantee on storage and development of archives, preparation of archival personnel;

completing, accounting, storage, use of archival funds and the state archive documents and regulation of the questions of property connected with these documents;

strengthening of material and technical resources of archives;

regulation of questions in connection with temporary export from the Azerbaijan Republic abroad documents of archival fund;

control of delivery of the foreign countries of documents (their copies) relating to history and culture of Azerbaijan which are stored in the archives reflecting the material and spiritual life of people in the Public Records Offices of the Azerbaijan Republic, behind their accounting and storage.

Chapter II. Structure and organization of National Archive Fund

Article 4. National Archive Fund and its structure

Irrespective of source of creation, the storage location and pattern of ownership, archive documents in the Azerbaijan Republic join in National Archive Fund.

The archival funds and archive documents which are state-owned property constitute part of the National Archive Fund belonging to the state.

The archival funds and archive documents which are not state-owned property constitute non-state part of National Archive Fund.

Rules of completing, storage of National Archive Fund and use are established by it the provision approved by relevant organ of the executive authority.

Article 5. Classification of the documents included in National Archive Fund

The National Archive Fund joins the following documents:

legal acts, managerial documents of the Azerbaijan Republic, documents of bodies of court and prosecutor's office;

statistical, scientific, technological, geological, normative and technical, project, design, patent, cartographical documents and other documents;

film, photo, phono - (sound recordings), video records, design developments and architectural projects;

the manuscripts having special value, books and brochures, periodicals materials;

works of art, scientific, literary and pieces of music;

documents of the party, public and non-state organizations;

diaries, memoirs, letters and other documents of personal nature.

Article 6. Sources of creation of archives and forming of National Archive Fund

The state, public, religious and other organizations, citizens in the Azerbaijan Republic have the right to create archives in the procedure established by the legislation.

The National Archive Fund is completed from documents:

bodies of legislative and executive power;

judicial authorities;

prosecutor's offices;

military units and connections, military educational institutions;

local government bodies;

organizations, companies and organizations of the industry, construction, agricultural industry and other industries of economy;

companies of science, culture, health care, education and sport;

mass media and publishing houses;

the joint businesses, public associations, political parties and the religious organizations operating in the Azerbaijan Republic in the procedure established by the legislation;

non-state organizations, companies and organizations;

diplomatic representations, other organizations, the companies and the organizations of the Azerbaijan Republic in foreign countries and the international organizations;

citizens of the Azerbaijan Republic.

The state archival fund can be created also by donation, inheritance and purchase of important documents at legal entities and physical persons. Return to the country or receipt of the documents or their copies which are outside the Azerbaijan Republic and connected with historical and cultural heritage of Azerbaijan performs relevant organ of the executive authority.

The archive consisting of copies of documents of official correspondence of the Ex-president of the Azerbaijan Republic remains at the disposal of the Ex-president.

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