DECREE OF THE PRESIDENT OF THE REPUBLIC OF AZERBAIJAN
On approval of the Statute of «Icherisheher» State Historical Architectural Reserve
- Statute of «Icherisheher» State Historical Architectural Reserve shall be approved.
- Cabinet of Ministers of the Republic of Azerbaijan shall be instructed to carry out following tasks within 15 days:
2.1 Elaboration of draft Statute of «Icherisheher» State Historical Architectural Reserve under the Cabinet of Ministers of the Republic of Azerbaijan and its submission to the President of the Republic of Azerbaijan;
2.2 Submission of proposals on bringing of normative legal acts in compliance with this Decree to the President of the Republic of Azerbaijan;
2.3 Ensuring of bringing normative legal acts of the Cabinet of ministers and central bodies of executive power in compliance with this Decree;
2.4 Settlement of other issues ensuing from this Decree.
President of the Republic of Azerbaijan
Baku city, 28 February 2005
by the Decree of the President
of the Republic of Azerbaijan
dated 28 February 2005
Regulations of the State Historical Architectural Reserve “Icherisheher”
- General Provisions
- «Icherisheher» State Historical Architectural Reserve (hereinafter — the Reserve) has been founded by the Decision of the Council of Ministers of the Azerbaijan SSR «On declaration of «Icherisheher» in Baku and historical parts of Shusha and Ordubad cities as historical and architectural reserve" dated 10 August 1977 No. 280.
- As provided in Article 7 of the Law on Protection of Historical and Cultural Monuments, Reserve and historical, architectural and cultural monuments on its territory (hereinafter — the monuments), have been included into the list of immovable historical, and cultural monuments of world-wide, national and local significance by the Decision of the Cabinet of Ministers of the Republic of Azerbaijan dated 2 August 2001 No. 132 according to the categories of their relevance.
- Complex of Shirvanshah Palace and Maiden Tower have been included into UNESCO’s World Heritage List on 2 December 2000.
- Territory of the Reserve shall be 22.1 hectares, the boundaries shall be established within the existing fortress walls of Icherisheher in Neftchilar avenue (No. 77 — 105) and A.Aliyev street (No. 1 - 9).
- The Reserve shall be managed by the Administration of the State Historical-Architectural Reserve "Icherisheher" under the Cabinet of Ministers of the Republic of Azerbaijan (hereinafter — the Administration) established by the Order of the President of the Republic of Azerbaijan dated 10 February 2005 No. 629.
State-owned monuments located on the territory of the Reserve, including those in public housing fund shall be in possession of the Administration.
- The purpose and objectives of the Reserve
- The main purpose of the Reserve shall consists of ensuring the exploration of monuments located on its territory for the development of science and culture, their purposeful use as well as protection of their space-planning structure, restoration and integrity of historical and architectural monuments.
- Reserve shall have the following tasks:
7.1. protection of historical and cultural monuments and preservation of regime established for the territory;
7.2. discovery and exploration of monuments and archaeological excavations through bibliographic research, historical development and archaeological excavations;
7.3. elaboration of proposals on raising the level of construction, reinforcement, upgrading, repair, restoration, reconstruction, regeneration works conducted at historical and cultural monuments and on bringing them in compliance with their use;
7.4. arrangement of promotion of scientific, cultural and historical significance of monuments, organization of exhibitions, photo stands, excursions, lectures, documentaries and short films and publication of popular scientific literature for this purpose;
7.5. provision of inventory and state registration of discovered historical and cultural monuments, their certification and protection;
7.6. assumption of measures to ensure protection of historical and cultural monuments, their functional purpose, architectural and aesthetic appearance and durability;
7.7. Signing of agreements for the protection of monuments with natural and legal persons that use the monuments.
- Monuments located on the territory of the Reserve may be used as provided in the legislation of the Republic of Azerbaijan.
- All monuments of scientific, historical or artistic significance located on the territory of the Reserve shall be protected by the state; any works on changing of their artistic and aesthetic appearance, destructing them or creating any danger for them shall be prohibited.
- In accordance with Article 19 of the Law on Protection of Historical and Cultural Monuments, lease of immovable monuments of world-wide and national significance that are in state or municipal ownership located on the territory of the Reserve or their separate parts shall be prohibited. Immovable architectural monuments of local significance that are in state or municipal ownership as well as privately owned immovable monuments or their separate parts may be leased on contractual basis for scientific, cultural, religious, service and tourism purposes as provided in the legislation.
Lessees of monuments or their separate parts located on the territory of the Reserve may not change their space composition, external appearance, design elements, harm the monuments in the course of exploitation and commit damage of cultural coating of architectural monuments during household works. Repair, conservation and restoration works on these monuments or their separate parts shall be carried out at the expense of the lessee under the supervision of the Administration and experts.
- Protection of the Reserve, exploration, restoration and conservation of monuments located on its territory shall be carried out at the cost of resources coming from the state budget, financial aid and donations of natural and legal persons.
- In accordance with Article 11 of the Law on Protection of Historical and Cultural Monuments natural and legal persons which own or use monuments located on the territory of the Reserve shall be obliged to strictly follow the rules of protection, exploration and use of monuments. They shall bear liability for safety of those monuments as provided in the legislation of the Republic of Azerbaijan.
- Conduct of any construction works in the Reserve, except for restoration and repair, shall be prohibited.
- Repair works within the borders of the Reserve, which can pose a danger to monuments may be only conducted with the permission of the Administration. Safety measures shall be financed by the entity performing construction works.
- Where movement of vehicles by the road sections near to monuments or passing through the areas of their protection endanger the protection of monuments, the Administration may restrict or prohibit their movement.
- Installation of advertising or other informational billboards in the Reserve or on monuments shall be conducted with the consent of the Cabinet of Ministers of the Republic of Azerbaijan, permission of the Administration and under its supervision.
- Exploration of the Reserve
- Permission to conduct archaeological excavations on the territory of the Reserve shall be issued and registered by the Administration taking into account the opinion of the National Academy of Sciences of Azerbaijan.
At the end of the season, report on the progress of exploration work shall be submitted to the Administration and the National Academy of Sciences of Azerbaijan.
The Administration shall implement supervision over archaeological works conducted in the Reserve. Archaeological materials discovered during excavations shall be surrendered to state ownership.
- Exploration of monuments located in the Reserve shall be carried out with the permission of the Administration.
- Projects on repair, restoration, conservation of monuments located in the Reserve shall be carried out following to the opinion of the National Academy of Sciences of the Azerbaijan with the consent of the Administration and under its supervision.
- If the monument is discovered in the course of the reconstruction, repair and economic works (landscaping, lighting, cleaning, landscaping, excluding construction works) performed by legal entities and individuals, these works shall be immediately suspended and the National Academy of Sciences of Azerbaijan and the Administration shall be informed about this. In this case, the decision on the continuation of restoration and repair work shall be taken by the State Agency for Control on Security in Construction of the Ministry of Emergency Situations of the Republic of Azerbaijan on the basis of the consent of the Administration, taking into account the conclusions of the National Academy of Sciences of Azerbaijan and specialists and ongoing work shall be continued under the control of the Administration. And the scheduled economic work can be continued taking into account the conclusion of specialists, on the basis of the consent of the National Academy of Sciences of Azerbaijan, the permission of the Administration and under its control.
- Reinforcement and upgrading works conducted on monuments that are in state or municipal ownership located on the territory of the Reserve shall be financed from the state budget on the basis of Decision of the Administration on their conservation, repair, restoration, reconstruction and regeneration. Similar works on privately owned monuments shall be conducted at the expense of the owner with the permission of the Administration.
- In the course of upgrading works carried out in the Reserve, borders of the Reserve, configuration of the monuments may not be changed; traditional street network shall be preserved in its present form. Archaeological and other excavations shall be conducted without damaging the monuments. Location and condition of discovered monuments, objects or other findings shall be recorded, photographed or sketched.
- Reimbursement of damage caused to the Reserve and monuments located therein shall be carried out in accordance with the legislation of the Republic of Azerbaijan.