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LAW OF THE AZERBAIJAN REPUBLIC

On April 10, 1998 No. 470-IQ

About protection of historical and cultural monuments

(as amended on 13-05-2022)

This Law governs the relations connected with protection, studying and use of historical and cultural monuments.

Chapter I. General provisions

Article 1. Protection of historical and cultural monuments

According to article 77 of the Constitution of the Azerbaijan Republic protection of historical and cultural monuments is obligation of each citizen.

Historical and cultural monuments - national wealth of the people.

The state guarantees protection of historical and cultural monuments, provides creation, activities and development of the structures necessary for their scientific studying and promotion creates conditions for rational use of monuments.

Legislature, bodies of executive and judicial authority, local government bodies, political parties, public associations, the trade-union organizations, legal entities and physical persons shall protect historical and cultural monuments, give help to the body (organization) established by the relevant organ of the executive authority created by local government bodies to the organizations and the non-state organizations which are engaged in their protection.

The subjects specified in part four of this Article when conducting earth or construction works in the territory of finding of historical and cultural monuments shall receive previously in the body (organization) established by relevant organ of the executive authority permission taking into account opinion of the organization established by relevant organ of the executive authority and after receipt of this permission when carrying out earth or construction works to perform instructions of the body (organization) established by relevant organ of the executive authority and specialists in protection of monuments.

Protection of immovable historical and cultural monuments to border area and on borderlands of frontier of the Azerbaijan Republic, in the combat zone in case of the armed conflicts located on the parcels of land which are in use in the territories of military structures is performed by relevant organs of the executive authority.

In the territory of historical and cultural monuments and zone of their protection, on facade (walls, barriers) and roofing covering of architectural monuments (buildings) advertizing constructions (advertizing) are placed according to the procedure, established by the Law of the Azerbaijan Republic "About advertizing".

Article 2. Concept and classification of historical and cultural monuments

Historical and cultural monuments (further - monuments) are the archaeological and architectural objects, ethnographic, numismatical, epigrafichesky, anthropological materials connected with historical events and persons of the building, the memorable places and objects connected with religious beliefs of the people of value.

Monuments can be movable (portable) and immovable (stationary). Movable monuments are stored in the museums, archives, funds, at exhibitions and in other appropriate places, immovable monuments, being in most cases archaeological and architectural monuments, also creations are stored in the locations.

The concepts used in this Law have the following values:

a) archaeological monuments - the examples of material culture, including the parking and dwelling of the primitive person, ancient burials, systems of defense and strengthening, the place of pilgrimage, various objects of antiquity, monuments of religion and perpetuating, rock drawings and texts which are underground and connected with human activities on surfaces of stones, traces of ancient mines, instruments of labor, production horns, ancient roads, remaining balance of bridges, canals, reservoirs and kyariza, water supply systems, sewerages, etc.;

b) architectural monuments - the constructions which rather remained in the volume and planned decision, architectural and construction buildings of different function, auxiliary objects, engineering communications; monuments of settlements (ancient settlements); settlements most of which part of the territory is busy with monuments and structures of architecture and historical and cultural workmanship is divided into traditional quarters, and sometimes surrounded with fortifications, with partially remained network of streets and engineering communications, gardens, parks, avenues, examples of art; newly created architectural monuments; long-lasting in view of the volume and planned, art and esthetic, operational and functional and technical and constructive decision; architectural buildings and constructions small architectural forms; monuments, obelisks, fountains, falls, springs, pools, arbors and other objects of creativity holding special position in the territory;

c) historical monuments - the values connected with history of society and state with war and national liberation movement, with scientific and technical development, with important historical events in the life of people, constructions, apartments, memorable places, documents and objects connected with life of the state and military figures, Heroes of Patriotic war of the Azerbaijan Republic of National Heroes of Azerbaijan, Heroes of the Soviet Union, eminent persons of science and art;

ethnographic monuments - constructions and instruments of labor, objects reflecting the material, spiritual, ideological, creative and economic life of people;

epigrafichesky monuments - the different samples having texts from stone, clays, tree and metal;

d) documentary monuments - official acts of state bodies, ancient manuscripts, rare printing works, archives, including phono - photo and film archives;

e) art monuments - the art, graphic models having historical and esthetic value, models of arts and crafts;

e) reserves - the territories or settlements which are of great importance for history and culture protected by the state;

g) zone of protection of monuments - the additional zones of regulation established depending on nature of monument around the site of their arrangement for the purpose of not damnification to appearance of monuments.

Article 3. Legislation of the Azerbaijan Republic on protection of monuments

The legislation of the Azerbaijan Republic on protection of monuments consists of the Constitution of the Azerbaijan Republic, this Law, the Law of the Azerbaijan Republic "About the cultural capital of Azerbaijan - the city of Shusha", other legal acts of the Azerbaijan Republic and international treaties recognized by the Azerbaijan Republic.

Article 4. Property on monuments

Monuments can be in the state-owned or municipal property, and also in private property.

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