of December 23, 1997 No. 416-IQ
About perpetuating of memory of the dead for the Homeland
This Law determines rules of perpetuating of memory of the dead for the Homeland, carrying out search works for the purpose of establishment of their persons and identification of remains.
The legislation in the field of perpetuating of memory of the dead for the Homeland consists of this Law and other legal acts.
According to this Law memory is subject to perpetuating:
- the dead during military action or in case of accomplishment of office or civic duty in connection with ensuring military needs in the combat zone or beyond its limits;
- died in case of accomplishment of military duty in the territories of other states;
- died of injuries (damage, bruise, contusion), or diseases got during military operations and also in captivity in case of protection of the Fatherland, irrespective of time of approach of death;
- the dead in captivity in which appeared owing to the developed fighting situation, but not changed to the Homeland;
- the stateless persons and foreign citizens who died in case of protection of the Azerbaijan Republic.
Besides, memory of the civil departments and organizations which caused a stir in case of protection of the Fatherland is immortalized and also the places of fighting which became history of the people as heroism symbols are immortalized.
The main forms of perpetuating of memory of the dead for the Homeland are:
- establishment of busts of Heroes of Patriotic war of the Azerbaijan Republic, National Heroes of Azerbaijan, Heroes of the Soviet Union;
- assignment of names of Heroes of Patriotic war of the Azerbaijan Republic, National Heroes of Azerbaijan, Heroes of the Soviet Union, and also awarded with awards for protection of the Fatherland to streets and squares, the companies, the organizations, organizations, the military and civil ships and courts;
- creation of the memorial Shekhid complex;
- preserving and improvement of places of burials, installation of gravestones, memorial monuments;
- preserving and arrangement of places of the fighting connected with feats in case of protection of the Fatherland;
- construction on places of fighting of memorable signs;
- maintaining the Republican "Book of Memory" dead;
- publications in media of materials about the dead, creation of the works of art and literature devoted to their feats, creation of the museums, the organization of exhibitions.
State bodies and local government bodies can perform also other actions for perpetuating of memory of the dead.
Places of military burials treat: military memorial cemeteries, military cemeteries, military sites at general cemeteries, mass graves, columbaria and ballot boxes with ashes of the dead, places of burials in water areas of the seas and oceans, places of death of the fighting and civil ships, planes with crews.
Burial (reburial) of the dead for the Homeland is performed with afterfeast of military honors and holding religious practices.
Burial of the found remains of the dead will organize and carries out relevant organ of the executive authority with involvement of self-government institutions and bodies of military management.
In case of detection of unburied remains of the military personnel of other states burial (reburial) is made with informing the relevant organizations of these states.
The reburial of remains of the dead is carried out at the request of relatives of the dead, or in case of work of the special state importance or if geographical conditions of the territory in which the grave is located interfere with holding necessary actions for improvement and preserving.
The reburial of remains of the dead is carried out according to the decision of relevant organ of the executive authority with the obligatory notification of families or relatives of the dead.
Burial of the dead during military operations is carried out according to requirements of articles of war, orders and directives of command.
Military burials are subject to the state accounting. In the territory of the Azerbaijan Republic their account is kept by relevant organ of the executive authority, and in the territories of other states - diplomatic representations of the Azerbaijan Republic.
On each military burial the memorial sign is established and the passport is constituted.
The relevant organ of the executive authority with the assistance of local government bodies and military bodies will organize safety, repair and recovery of military burials.
For the purpose of ensuring safety of military burials conservation zones and zones of the protected natural landscape according to the procedure, determined by the legislation of the Azerbaijan Republic are established.
Safety and improvement of burials of the Azerbaijani soldiers in the territory of other states is provided on the basis of the regulations determined by interstate agreements. Safety and improvement of the Azerbaijani military burials which are in the territories of other states are performed on the basis of regulations which are determined by interstate agreements.
Site plannings, buildings and reconstruction of the cities and other settlements, construction objects are developed taking into account need of ensuring safety of military burials.
Construction and economic works as a result of which military burials can be damaged except for of works of the special state importance, are not allowed.
Physical persons and legal entities bear responsibility for safety of the military burials which are on the lands provided to them in use. In case of detection of burials on the lands provided to them they shall report about it in relevant organs of the executive authority and local self-government.
For the purpose of identification of unknown military burials and remains, establishment of persons of the dead or persons of missing persons search work is carried out.
It is carried out by corresponding to executive bodies and public associations authorized on carrying out such work based on local programs.
Carrying out search work in places where military operations were conducted, and also opening of military burials according to the procedure of amateur initiative is forbidden.
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