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The document ceased to be valid since April 11, 2016 according to the Law of Turkmenistan of March 26, 2016

LAW OF TURKMENISTAN

of February 19, 1992 No. 661-XII

About protection of historical and cultural monuments

Section I. General provisions

Article 1.

This Law governs the relations in the field of protection of historical and cultural monuments of Turkmenistan irrespective of their origin.

Article 2.

Protection of historical and cultural monuments of Turkmenistan provides system of the state measures for identification, fixing of condition, to accounting, protection, preservation, restoration and regeneration of monuments, creation of optimum conditions for their proper storage and effective use.

Article 3.

Historical and cultural monuments of Turkmenistan the complexes, single objects, constructions, memorable places, objects and products connected with historical events in lives of the Turkmen people, development of society and state, performing material and spiritual creativity representing historical, scientific, art or other cultural value are recognized.

And cultures of Turkmenistan belong to monuments of stories:

monuments history of the building, construction, fortress, caravanserais, minarets, mosques, mausoleums, burials, cemeteries, nadmogilny constructions, memorable places, objects and products connected with the major historical events in life of the Turkmen people, development of society and state, and also development of science and technology, culture and life;

archaeological monuments - ancient settlements, barrows, remaining balance of ancient settlements, strengthenings, productions, channels, roads, ancient places of burials, stone sculptures, rock drawings, ancient objects, sites of historical occupation layer of ancient settlements;

town planning monuments architectural complexes and complexes, historic centers and quarters, areas, streets, remaining balance of the ancient layout and building of the cities and other settlements, cult architecture, national architecture, and also related works of monumental, fine, arts and crafts, landscape gardening arts, natural landscapes;

monuments of art of the work monumental, graphic, arts and crafts and other art forms it is also national art trade;

documentary monuments acts of state governing bodies, others written and graphical, film, documentary photographs, zvuko-, videos, manuscripts, books, archive materials and rare printing editions.

As historical and cultural monuments of Turkmenistan also others can be recognized the unique or typical, valuable objects, objects in the scientific, cultural and cognitive relation which remained in the whole type, or being in fragmentary or ruined condition, are not recognized as the state nature sanctuaries or not being part of single natural and historical monuments.

Ancient carpets, carpet products, felt, national products from gold, silver, precious metals and other materials, the patterns, embroideries which kept in themselves ornaments of old times and relating to works of art the rare books, manuscripts, archive materials, archeological finds having scientific and historical, cultural and educational and information and cognitive value appear especially protected historical and cultural monuments, in view of their exclusive value, able to be subject of speculation and smuggling. All historical and cultural monuments which are in the territory of Turkmenistan are protected by the state.

Article 4.

Monuments are subdivided on movable and immovable.

Movable monuments are ethnographic values, archeological finds, performing arts and crafts, elements of architectural constructions and monuments, manuscripts, rare books, film, documentary photographs. Immovable monuments share on single and complex.

Historical and memorial objects, performing monumental art, architecture belong to single immovable monuments (including, the related works monumental and arts and crafts).

Complex immovable monuments are single natural and historical monuments, the national historical and cultural parks, monuments history, town-planning art, architecture, archaeological monuments. In complex monuments to the state protection not only the single monuments which are their part, but also all environment objects, essential to their preserving, are subject.

Section II. Property on monuments history and cultures

Article 5.

Historical and cultural monuments of Turkmenistan can be in form state, ownership in common and in property of citizens.

All historical and cultural monuments of Turkmenistan, irrespective of type and pattern of ownership, are public property.

In state and ownership in common there are historical and cultural complexes, objects, constructions, objects, products, performing material and spiritual creativity connected with the historical past of the Turkmen people and other cultural values.

In property of citizens there are objects of material and spiritual culture of the people of Turkmenistan which are of special value in scientific, historical, art or other cultural relation.

Article 6.

Alienation of the historical and cultural monuments which are in property of citizens and their associations and change of the mode of their use is allowed in case of the obligatory prior notice of state bodies of protection of monuments. State bodies of protection of historical and cultural monuments have the right of preferential purchase, and in case of refusal from implementation of this right, the owner after 10 days from the date of the notice has the right to alienate the property to any legal entity or the citizen of Turkmenistan with the corresponding re-registration in the specified bodies. In case of alienation of monuments with abuse of regulations about the right of preferential purchase the transaction is recognized invalid.

Article 7.

The state performs necessary measures for return to property of Turkmenistan of the historical and cultural monuments which are outside Turkmenistan with subsequent their transfer on storage to the museums, libraries and archives. The organization of works on search and return of the historical and cultural monuments which are earlier exported from Turkmenistan is assigned to state bodies in which function are referred implementation of these works.

Article 8.

The historical and cultural values opened in the course of exposition and restoration works appear monuments.

All historical and cultural values found in the course of earth, construction, meliorative or other works, and also found citizens which do not have the owner pass into state-owned property and are transferred to local authorities of the state protection of monuments as museum piece.

Withdrawn and confiscated according to the legislation, legal entities or citizens have historical and cultural values having scientific, information and cognitive and art value, acquire the status of monument and are reported to state bodies of protection of monuments.

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