of August 1, 2003 No. 43
About national art crafts
This Law determines the legal basis and governs the relations arising between physical persons and legal entities in the field of national art crafts, determines the basic principles of the state support of national art crafts as integral part of national culture and history of the Tajik people and promotes preserving traditions of national art crafts.
In this Law the following basic concepts are used:
- national art trade - one of forms of folk art, the activities for creation of art products of utilitarian and (or) decorative appointment performed on the basis of individual and collective development of successive development of traditions of folk art in certain area in the course of creative manual and (or) mechanical work of masters of national art crafts;
- products of national art crafts - the objects of decorative and utilitarian appointment created according to traditions of national art crafts with use of natural materials and manual work;
- the master of national art trade - physical person which makes products of certain national art trade according to its traditions;
- the author of the result of intellectual activities realized in product of national art trade - physical person which creative activity creates this result;
- the place of traditional existing of national art trade - the territory within which according to original traditions national art trade historically developed and develops exists its social infrastructure and there can be necessary raw material resources;
- unique product national art promyslayedinstvenny in own way, the product of national art trade having high art value;
- the standard sample of product national art promyslaobrazets who is executed in the form of finished product of the drawing (the scheme, standard composition), prototype (model) and is intended for reproduction in accordance with the established procedure, including using creative variation;
- creative variation - one of forms of manifestation of folk art, the main method of reproduction of standard sample of product of national art trade which provides modification and the amendments in composition, color, ornamental, plastic and other art scheme of product which are not leading to basic change of author's intention, decrease in art level and quality of production of product of national art trade in comparison with its standard sample.
The legislation of the Republic of Tajikistan in the field of national art crafts is based on the Constitution of the Republic of Tajikistan and consists of this law and other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by the Republic of Tajikistan.
Legal entities of any forms of business in products total production (works, services) in which products of national art crafts, according to the state statistical observation, constitute at least 50 percent treat the organizations of national art crafts.
The main objectives of organization activity of national art crafts are preserving, revival and development of traditions of national crafts.
Reference of products to products of national art crafts is performed on the basis of decisions of art advisory councils on national art crafts according to the approximate list of types of productions and groups of products of national art crafts which affirms according to the procedure, established by the Government of the Republic of Tajikistan.
Local executive bodies of the government on places taking into account provisions of this law establish procedure for reference of the products produced in their territories to products of national art crafts.
Products in which manufacturing techniques application of creative variation of standard samples of these products is impossible cannot be carried to products of national art crafts, including:
- the strochevyshity products made on embroidery mashinakhavtomata or semiautomatic devices - without combination to manual embroidery or to the embroidery executed on embroidery machines which allow to carry out and vary embroidery creatively;
- the products from fabrics decorated by means of photo printing without combination to manual methods of dressing of products;
- products from fabrics, the carpets and carpet products made by machines without combination to manual execution;
- the metal wares and jewelry made by means of stamping and casting except for of casting on wax models without subsequent stamping, engraving, list, etching or application of other methods of manual decorative metal working;
- the pottery made by means of casting without subsequent list, molding or without application of different ways of manual dressing of products;
- the products made by knitting machines automatic machines without combination to decorative manual knitting, embroidery or different ways of manual dressing of products;
- other products made mechanically with use of motives of folk art.
The decisions made concerning reference of products to products of national art crafts can be appealed in court.
Public authorities provide economic, social and other conditions for preserving, revival and development of national art crafts, including:
- create regulatory framework for development of the sphere of national art crafts;
- promote implementation of investment projects for the purpose of preserving, revival and development of national art crafts;
- establish according to the legislation for the individual entrepreneurs and the organizations performing the activities in the field of national art crafts, privileges on rates for products and services of natural monopolies, and also procedure for procurement and acquisition of raw materials and the materials which are subject to accounting and protection according to the legislation of the Republic of Tajikistan;
- assist masters of national art crafts and their pupils in vocational training in the educational institutions realizing training programs on national art crafts;
- promote promotion of art of national art crafts, including by means of the organization of exhibitions, tenders, auctions, specialized trade in products of national art crafts, development of the international exchange and foreign economic activity in the field;
- support creation and activities of associations, associations, funds of the unions in the field of national art about crafts;
- take measures for preserving national art crafts and creative specialists of national art crafts when implementing the procedures directed to prevention of bankruptcy or liquidation of the specified organizations;
- provide guarantee of freedom of creative work in the field of national art crafts;
- support scientific research in the field of national art crafts;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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