This law shall regulate the relations connected with the protection, research 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 Republic of Azerbaijan, every citizen shall be responsible for protection of historical and cultural monuments.

Historical and cultural monuments shall be the national wealth of the people.

The State shall guarantee the protection of historical and cultural monuments, create conditions for establishment, operation and development of institutions necessary for scientific research and promotion as well as rational use of monuments.

The legislative, executive and judicial power bodies, local self-government authorities, political parties, civil society organizations, trade unions, legal and natural persons shall be obliged to protect historical and cultural monuments, render assistance to the relevant executive authorities, local self-government authorities and non-governmental organizations which deal with the protection of monuments.

The subjects listed in the fourth part of this Article, while conducting excavation or construction works in the territory of historical and cultural monuments shall obtain prior permission of the relevant executive authorities, taking into account the opinion of the organization, established by the relevant executive authority and shall carry out orders of experts of the relevant executive authorities and specialists on protection of monuments upon receipt of that permission.

Protection of immovable historical and cultural monuments located in transfrontier zones and transfrontier stripes of the state border of the Republic of Azerbaijan, zones of military operations in the course of armed conflicts, lands in use of military institutions shall be implemented by the Ministry of Culture and Tourism, Ministry of Defense and State Border Service.

On the territory of historical and cultural monuments and their protection zone, the roof of architectural monuments (buildings), advertising media can be placed only with the consent of the relevant executive authority in accordance with the Law of the Republic of Azerbaijan "On Advertising", on the basis of the opinion of Arts Councils for advertising and information organizations and provided that they do not have a negative impact on the sustainability of these buildings.

Article 2. Definition and classification of historical and cultural monuments

Historical and cultural monuments (hereinafter - the monuments) shall be the archaeological and architectural sites, ethnographic, numismatic, epigraphic, anthropological material, building, memorable places and objects related to historical events and figures, values connected with the religious beliefs of people.

Monuments may be movable (mobile) and immovable (fixed). Movable monuments shall be kept in museums, archives, foundations, exhibitions and other appropriate places, immovable monuments, which in most cases are archaeological and architectural monuments shall be kept in places of their location and construction.

Definitions used in this Law shall have the following meanings:

1. a) archaeological monuments — patterns of material culture located underground and connected with human activity, including human camps and dwellings, ancient burial places, defense systems and fortification, places of pilgrimage, a variety of antiquities, religious monuments and memorials, inscriptions and signs on the surface of rocks and stones, traces of ancient mines use, labor tools, industrial furnaces, ancient roads, the remains of bridges, irrigation channels, reservoirs and underground water pipes, water mains, sewerage etc.;
2. b) architectural monuments — construction sites sufficient to retain its space-planning decisions, architectural and constructional buildings for various purposes, ancillary facilities, public utilities, dwelling-planning (town-planning) sites, human settlements, large part of territory of which is occupied by monuments and buildings of architectural, historical and cultural craftsmanship, divided into traditional residential blocks, and sometimes surrounded by walls, with a partially preserved network of streets and public utilities, gardens - parks, alleys, art patterns; newly created architectural monuments, durable monuments because of their space-planning, artistic-aesthetic, operational-functional and technical-constructional solutions, architectural buildings and constructions, small architectural forms; monuments, obelisks, fountains, waterfalls, springs, pools, pergolas and other objects of art, having particular status in the territory;
3. c) historical monuments — values related to the history of society and state, war and national liberation movement, scientific and technological development, significant historical events in the people’s lives, buildings, apartments, memorable places, documents and objects related to the life of government and military figures, Heroes of the Soviet Union, National Heroes, eminent scientists and artists;

ethnographic monuments — buildings and labor tools, objects reflecting material, spiritual, ideological, creative and economic life of people;

epigraphic monument — different patterns of stone, clay, wood and metal with inscriptions;

1. d) documentary monuments — official acts of state bodies, ancient manuscripts and rare printed works, archives, including sound, photographic and cinematographic archives;
2. e) monuments of art — art, graphic designs, samples of decorative and applied arts having historical and aesthetic value;
3. f) reserves — territories or settlements protected by the state, which are of great importance for history and culture;
4. g) zone of protection of monuments — the additional controlled zones established depending on the nature of the monument around the site of their location with a view to prevent damnification of appearance of monuments.

Article 3. The legislation of the Republic of Azerbaijan on the protection of monuments

The legislation on the protection of monuments shall consist of the Constitution of the Republic of Azerbaijan, this Law, other legislative acts of the Republic of Azerbaijan and international treaties which the Republic of Azerbaijan is a party to.

Article 4. Ownership of monuments

Monuments may be in state or municipal property, as well as in private property.

In accordance with the Law of the Republic of Azerbaijan "On culture", privatization of monuments, included in the list of the world natural and cultural heritage, as well as state-owned property, relating to the natural cultural and natural heritage (except for residential buildings and their separate parts registered as monuments of local significance and other architectural monuments of local significance provided for in third part of this Article allowed to be privatized) shall not be allowed.

Architectural monuments of local significance, except for public utilities, defense units, town-planning, religious monuments and memorials, hydraulic facilities, may be privatized.

Breach of appearance and internal structure of privatized architectural monuments of local significance, any action that may harm their cultural and historical value shall be prohibited.

In the course of sale of monuments, entered into state registry and privately owned, the state has a preferential right to purchase them.

Where a new monument in the territory is revealed, this territory shall be declared as a zone of historical and cultural significance and land at its location along with ground-based buildings may be acquired by the State as defined by legislation.

The monuments which are in private ownership, shall be entered into state registry and in the course of their sale the owner shall be obliged to inform the relevant executive authorities thereof.

The monuments which are in private ownership, may not be transferred abroad without the permission of the relevant executive authorities.

Article 5. Participation of the organization, established by the relevant executive authority in protection, restoration, designation of categories of significance and use of monuments

The organization, established by the relevant executive authority shall arrange discovery and research of monuments, protection of materials and cultural remains, discovered during archaeological excavations on the resolution of the relevant executive authority, conduct operational research in new buildings zones, participate in registration of categories of significance of monuments, where necessary, carry out monument conservation and restoration works, organizes promotion of monuments, elaborate manuals for their protection, research, restoration and conservation, provide research and practical advice, sign international protocols and agreements for the research of monuments and perform other duties provided for in the legislation of the Republic of Azerbaijan.

Project of forthcoming works on the monument shall be approved by the relevant executive authority taking into account the opinion of the organization, established by the relevant executive authority.

Chapter II. State registration and categories of significance of monuments

Article 6. State registration of monuments

Inclusion of monuments into the list and state registry, certification, approval of the list of monuments and preparation of maps of immovable monuments shall be carried out by the relevant executive authority.

Article 7. Categories of significance of monuments

Monuments shall be divided into monuments of world-wide, state and local significance.

Division of monuments into categories of significance shall be implemented, formulated and approved by the relevant executive authority in accordance with international norms, on the basis of the opinion of the organization, established by the relevant executive authority.

Exclusion of monument from the approved list shall be carried out by relevant executive authority based on a proposal of the relevant executive authority, subject to the conclusion of the organization, established by the relevant executive authority.

The list of monuments of world-wide significance shall be submitted to relevant international organizations.

Article 8. Registration of monuments related to Azerbaijan and located outside the territory of the Republic of Azerbaijan

Upon formulation of special list, the relevant executive authority shall register monuments related to Azerbaijan and located outside the Republic of Azerbaijan, cooperate with the relevant authorities of countries of their location in settlement of problems related to their protection and restoration.

Chapter III. State guarantee of protection of monuments

Article 9. Financing of protection, research, restoration and conservation of monuments

Protection, research, restoration and conservation of monuments shall be financed by funds allocated from the state budget and local budgets, financial aid and donations of natural and legal persons.

Article 10. Inviolability of monuments

Change of artistic-aesthetic appearance and destruction of monuments, conduct of repair, construction, household and other works which may create a danger to them, shall be prohibited.

Article 11. Duties and responsibilities of individuals and legal entities, who own or use monuments

Natural or legal persons, who own or use monuments, shall be obliged to strictly follow the rules of protection, research and use of monuments.

Natural or legal persons, who own or use monuments, shall conclude safety agreement on protection of those monuments with the relevant executive authorities and bear liability for the safety of the monuments in accordance with the legislation of the Republic of Azerbaijan.

Article 12. Protection of monuments in the course of construction and public utilities works of state significance within reserved sites and protected areas

Any works endangering the monuments within borders of reserve and protected areas may be carried out with the approval of the relevant executive authorities after the application of preventive measures. Implemented safety measures shall be financed by the entities carrying out 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 relevant executive authorities may restrict or prohibit their movement.

Article 13. Protection of monuments discovered in the course of construction and other household works

Where monuments are discovered in the course of construction and other household works, works shall be suspended immediately and the relevant executive authorities and the organization, established by the relevant executive authority shall be informed thereof. In this case, construction and other household works may be continued with the permission of the organization, established by the relevant executive authority and the relevant executive authorities on the basis of the opinion of experts.

Where construction and other household works are carried out in areas that acquired historical or archaeological significance, such area shall be reviewed by experts first and preliminary examination of the monument shall be provided. The relevant executive authorities shall ensure participation of its representatives and experts in place of those works.

Article 14. Archaeological research in newly constructed areas

In the course of installation of basic public utilities (gas and oil pipelines etc.) and other construction works covering a territory of more than a hectare, the entity carrying out those works shall address the relevant executive authorities and the organization, established by the relevant executive authority at the stage of technical and economic substantiation on the forthcoming works to be carried out and allocate funds for preliminary search work of the monuments.

Where archaeological monument is discovered in these areas, construction and household works shall not be allowed without permission of the relevant executive authorities and necessary scientific research.

Article 15. Fate of monuments discovered or found in treasures

Monuments discovered or found in the treasure shall be surrendered to the State. A person who discovered the treasure and found the object shall be awarded with reward for the monument surrendered to the State, as provided in the civil legislation of the Republic of Azerbaijan.

The owner or user of randomly discovered monument should inform the relevant executive authorities about it. The relevant executive authorities shall register randomly discovered monument and provide scientific documentation for the monument.

Article 16. Export of monuments abroad and their return

Temporary export of movable monuments abroad from the Republic of Azerbaijan with a view of cultural and scientific exchange may only be carried out with the permission of the Cabinet of Ministers of the Republic of Azerbaijan. For the temporary export of monuments from the country for this purpose, the relevant executive authorities shall submit written statement to the customs authorities.

Failure to return temporarily exported monuments shall be prohibited.

Search, detection and return of monuments illegally exported abroad from the Republic of Azerbaijan sites shall be carried out by the Cabinet of Ministers of the Republic of Azerbaijan.

Article 17. Peculiarities of civil transactions of monuments

The sale of movable monuments of world-wide and national significance, which are in state ownership, shall be prohibited.

Where movable monuments are purchased or sold, the relevant executive authorities shall be informed thereof.

Article 18. Protection of monuments during the war, state of emergency and armed conflict

Evacuation of movable monuments from the dangerous areas and combat zones shall be carried out by the relevant executive authorities. In view of extraordinary circumstances, movable monuments may be temporarily evacuated to safe areas as defined by legislation due to the danger of their destruction, theft and damage.

The State shall raise the issue of monuments appropriated by invaders as a trophies before international organizations and take measures on their return and restoration.

Monuments may not be used for military purposes. In exceptional cases, area of reserves and architectural monuments of local significance in accordance with the law may be allocated for the use of military units for the economic and cultural purposes on the basis of the opinion of the organization, established by the relevant executive authority, with the permission of the relevant executive authority.

Chapter IV. Terms of use of monuments

Article 19. Terms and conditions of use of monuments in state or municipal property

Lease of state- or municipality-owned immovable monuments of world-wide significance or their separate parts shall be prohibited.

State- or municipality-owned immovable architectural monuments of state and local importance, and privately owned immovable monuments or separate parts (except for archaeological monuments) may be contractually leased as provided in the legislation for scientific, cultural, religious, service and tourist purposes after their programme of use, compliance and restoration projects have been agreed with relevant executive authorities.

Those who lease monuments or there separate parts shall not change their space composition, external appearance, constructive elements, shall not harm monuments during exploitation and shall prevent damage of cultural coating of archaeological monuments in the course of household works. Maintenance, conservation and restoration of such monuments or their separate parts may be conducted at the expense of the lessee under the supervision of the relevant executive authorities and relevant experts.

Terms and conditions of lease of monuments or their separate parts shall be established by the agreements concluded between contracting parties. Where terms of the agreement are breached, agreement shall be terminated as provided in the legislation and damage shall be reimbursed.

Chapter V. Research of monuments

Article 20. Exploration of archaeological monuments

Permission to conduct archaeological excavations on the territory of the Republic of Azerbaijan shall be issued by the organization, established by the relevant executive authority and shall be registered in the relevant executive authority. Archaeological excavations shall be carried out under the supervision of the relevant executive authorities.

Upon completion of the excavation season, statement of completed work and the list of discovered material and cultural remains shall be submitted to the relevant executive authority and the organization, established by the relevant executive authority.

Joint expeditions with foreign scientific institutions and scientists may be arranged with a view to explore the monuments in the territory of the Republic of Azerbaijan. Foreign scientific institutions and scientists may allocate financial resources for exploration of monuments. The head of joint expedition shall be appointed by the organization, established by the relevant executive authority.

Archaeological materials discovered during excavations shall be surrendered to state and kept in special foundations and museums.

Article 21. Exploration of architectural and other monuments

Architectural and other monuments shall be explored by the organization, established by the relevant executive authority, research and projection institutions, civil society organizations having an aim to protect and restore monuments and qualified experts.

Prior to start of exploration, the relevant executive authority shall be informed thereof.

Exploration of newly discovered architectural monuments shall be prohibited without the permission of the relevant executive authority.

Obtainment of permission to explore of Azerbaijani national architectural monuments existing outside the borders of the Republic of Azerbaijan shall be settled in accordance with interstate agreements.

Article 22. Establishment of reserve monuments

Archaeological, ethnographic, architectural, town-planning and other complexes of special significance shall be declared as natural reserves by the relevant executive authority.

Reserve territories shall enjoy special regime determined by the relevant executive authority.

Article 23. Reserved areas of monuments

With a view to ensure the safety of monuments, their functional, architectural and aesthetic appearance and durability, the relevant executive authority shall establish reserved areas of monuments taking into account the opinion of relevant experts.

Reserved areas of monuments shall enjoy special regime determined by the relevant executive authority.

Article 24. Evacuation and change of location of monuments

In cases of natural disasters and in other cases, monuments of world-wide and national significance shall be evacuated with the participation of experts with the permission of the relevant executive authority.

The monuments of local significance may be evacuated with the permission the relevant executive authority.

Evacuation and change of location of monuments shall be carried out under the supervision of experts.

Chapter VI. Construction, reinforcement and upgrading works, conducted at the monuments with a view of their protection

Article 25. Conduct of construction, reinforcement and upgrading works at the monuments with a view of their protection

Construction, reinforcement and upgrading works conducted at the monuments, which are in state and municipal property, shall be conducted on the basis of decision of the relevant executive authority on their conservation, repair, restoration, reconstruction and regeneration at the expense of state and local budgets. Similar works at privately owned monuments shall be conducted with the permission of the relevant executive authority at owner’s expense.

Conservation of monuments shall consist of measures to protect reliable protective coating of surface of monuments in order to avoid damage from the impact of physical-mechanical and physical-chemical environment, their protection from the impact of underground water, security and fencing of monuments.

Repair and restoration of monuments shall mean their bringing to original condition through the repair of damaged and lost parts without damaging the structure of space-planning decision, external and internal appearance of monuments.

Reconstruction of monuments shall be the restoration of monuments, where necessary, according to projects drawn up on the basis of legends, drawings, engravings of monuments that have reached the present.

Regeneration of monuments shall be the restoration of the original space-planning decision of monuments without changing their external and internal appearance using modern construction materials and techniques in their design. Modern equipment and engineering services may be used in exploitation of monuments.

Restoration, conservation, repair, reconstruction, regeneration and other works shall be conducted after approval of the relevant projects by the relevant executive authority based on the opinion of the organization, established by the relevant executive authority.

Article 26. Supervision of construction, reinforcement and upgrading works conducted at monuments and reimbursement of work expenses to contractor

Construction, reinforcement and upgrading works at monuments shall be carried out under the supervision of the author(s) of the project and the relevant executive authority.

Work expenses shall be reimbursed as provided in the legislation.

Article 27. Implementation of upgrading works in reserves and protected areas of monuments

In the course of construction and upgrading works carried out in reserved areas, borders of reserves and reserved areas, configuration of the monuments may not be changed. Traditional street network shall be preserved in its present form.

Reconstruction works and improvement works can be carried out with the permission of the relevant executive authority based on the opinion of the organization, established by the relevant executive authority, only in vacant protected areas without disturbing the street network and the planned configuration and three-dimensional compositions and monuments without harming their architectural value and style

Archaeological and other excavations shall be conducted on vacant places without damaging the monuments. Location and condition of discovered monuments, objects or other findings shall be recorded, photographed or sketched. One copy of these documents, together with the reports shall be submitted to the relevant executive authority.

Chapter VII. Liability for breach of legislation on protection of monuments

Article 28. Liability for breach of legislation on protection of monuments

Persons, who breach the legislation of the Republic of Azerbaijan on the protection of monuments, shall bear criminal, administrative, disciplinary and civil liability in accordance with the legislation of the Republic of Azerbaijan.

Article 29. Reimbursement of damage caused to monuments

Reimbursement of damage caused to monuments shall be made in accordance with civil legislation of the Republic of Azerbaijan. Reimbursement means shall be aimed at funding of restoration, exploration or protection of monuments.

Chapter VIII. Final provisions

Article 30. Effects of international legal acts in the field of protection of monuments

According to Article 151 of the Constitution of the Republic of Azerbaijan, whenever there is a disagreement between this Law and international agreements which the Republic of Azerbaijan is a party to, international agreements shall apply.

Article 31. Participation of international organizations in scientific research, restoration, reconstruction, conservation and regeneration of monuments

Relevant international organizations may participate in scientific research, restoration, restoration, reconstruction and conservation of monuments in the territory of the Republic of Azerbaijan with the permission of the relevant executive authorities of the Republic of Azerbaijan.

Article 32. Restoration and protection of monuments left in temporarily occupied areas

With a view of exploration and restoration of monuments left in temporarily occupied areas, urgent measures shall be carried out after liberation of those territories. Financial resources, allocated for restoration and preservation of monuments, first of all shall be spent on exploration and restoration of monuments remaining in occupied areas.

Information on monuments of world, state and local significance destroyed by the invaders shall be reported to relevant international organizations.

President of the Republic of Azerbaijan

Heydar ALIYEV

Baku city, 10 April 1998

No. 470-IQ