On Ensuring the Activity of the Administration of the State Historical-Architectural Reserve “Icherisheher”
DECREE OF THE PRESIDENT OF THE REPUBLIC OF AZERBAIJAN
Guiding by paragraph 32, Article 109 of the Constitution of the Repuboic of Azerbaijan, with the aim to ensure the functioning of the Administration of the State Historical-Architectural Reserve 'Icherisheher", I hereby decree:
- Approve the Statute of the Administration of the State Historical-Architectural Reserve 'Icherisheher" (enclosed)
- Exercising the powers of the Founder of the Administration of the State Historical-Architectural Reserve 'Icherisheher" (hereinafter Administration) shall be conferred upon:
2.1. President of the Republic of Azerbaijan:
2.1.1. approval of the Statute, identification of the amount of the statutory fund;
2.1.2. appointment and dismissal of the Chairman of the Management Board;
2.1.3. reorganisation and liquidation issues;
2.2. Cabinet of Ministers of the Republic of Azerbaijan:
2.2.1. appointment and dismissal of the other two member of the Management Board, subject to agreemnet with the President of the Republic of Azerbaijan;
2.2.2. approval of the structure and annual financial statements;
2.2.3. consent to the establishment of economic entities and participation therein, setting up offices, branches and representations;
2.2.4. consent to the conclusion of transactions for an amount exceeding 25 percent of the value of net assets (special value transactions), and transactions with the relevant person whose value is 5 percent or more of the assets of the Administration
2.3.1. Identification of the areas of activities.
- Establish that the statutory fund of the Administration shall be 1 000 000 (one million) manats and shall be funded by the state budget.
- Cabinet of Ministers of the Republic of Azerbaijan:
4.1. prepare and submit to the President of the Republic of Azerbaijan proposals on adaptation of acts of the President of the Republic of Azerbaijan following this Decree; within three days, prepare and submit proposals to the President of the Republic of Azerbaijan to bring the acts of the President of the Republic of Azerbaijan into line with this Decree;
4.2. within one month to approve the structure of the Administration, limit of the number of employees and monthly salary;
4.3. within one month from the date of the state registration of the Administration, resolve the issue of transferring property which is on the balance of the Administration of the State Historical and Architectural Reserve "Icheresheher" under the Cabinet of Ministers of the Republic of Azerbaijan to the balance of the Administration;
4.4. within a three-month period, ensure bringing the regulatory and legal acts of the Cabinet of Ministers of the Republic of Azerbaijan in line with this Decree and inform the President of the Republic of Azerbaijan thereof;
4.5. follow up the bringing of regulatory and legal acts of central executive bodies in line with this Decree and within five months inform the President of Azerbaijan on the execution;
4.6. resolve other issues arising from this Decree.
- In order to pass the state registration the Administration, within three days from the date of entry into force of this Decree, shall apply to the Ministry of Taxes of the Republic of Azerbaijan following the procedure established by the Law of the Republic of Azerbaijan "On State Registration and State Registry of Legal Entities".
- The Ministry of Finance of the Republic of Azerbaijan, within one month shall provide funding in the amount specified in part 3 of this Decree.
- The Ministry of Justice of the Republic of Azerbaijan shall ensure bringing the regulatory and legal acts of the central bodies of executive power in line with this Decree and inform the Cabinet of Ministries of the Republic Azerbaijan thereof.
President of the Republic of Azerbaijan
Baku, August 7, 2017
the Administration of the State Historical-Architectural Reserve "Icherisheher"
- General Provisions
1.1. The Administration of the State Historical-Architectural Reserve "Icherisheher" (hereinafter "Icherisheher") is a legal entity of public law established under the Cabinet of Ministers of the Republic of Azerbaijan on the basis of the Administration of the State Historical and Architectural Reserve "Icherisheher" in accordance with the Decree of the President of the Republic of Azerbaijan of November 24, 2016 N 1125 "On some measures to improve public administration in the Republic of Azerbaijan", to engage in activities on the ensuring of study, propaganda, purposeful use, preservation and development of the State Historical and Architectural Reserve "Icherisheher" and the State Historical and Ethnographic Reserve "Gala" (hereinafter "Reserves").
1.3. When exercising its rights and performing its duties the Administration shall function in coordination with the state authorities and local governments, international and non-governmental organisations, other legal entities and individuals.
1.4. The Administration is engaged in activities of public importance. To achieve the goals set in this Statute, the Administration can engage in entrepreneurial activities.
1.5. The Administration shall have an independent balance sheet, property, treasury and bank accounts, a seal with its name, appropriate stamps and letterheads, a logo (emblem).
1.6. In accordance with the law, the Administration shall have the right as well as the duty to conclude transactions, to acquire and exercise property and non-property rights on own behalf, can act as a plaintiff or defendant in court.
1.7. The Administration is located in City of Baku.
- Purpose and Activities of the Administration
2.1. The activities of the Administration are aimed to organize historical and cultural research and the purposeful use of monuments; to ensure the protection of immovable historical and cultural monuments and maintain the regime established for the territory; to ensure the restoration and integrity of monuments; as well as to develop tourism in the territory of the Reserves.
2.2. The Areas of Activities:
2.2.1. Participation in the development of a unified state policy in the field of Reserves and ensuring the implementation of this policy;
2.2.2. Organization of work on forecasting and planning in the field of Reserves and ensuring the development of Reserves;
2.2.3. Scientific, historical and cultural study of monuments located on the territory of the Reserves, the organization of their purposeful use and ensuring their preservation;
2.2.4. Safeguarding of the space-planning structure of monuments located on the territory of the Reserves; ensuring the restoration and integrity of historical and architectural monuments.
- Rights and Duties
3.1. The Administration shall performs the following duties in accordance with the areas of activity defined by this Statute:
3.1.1. develop and implement the programme and concept of development in the field of Reserves;
3.1.2. coordinate activities of state bodies related to the Reserves;
3.1.3. exercise control in the field of Reserves;
3.1.4. ensure the protection of historical and cultural monuments located on the territory of the Reserves and maintain the regime established for the territory;
3.1.5. organize permanent safeguarding of protected objects; ensure functional purpose, architectural and aesthetic appearance and life of historical and cultural monuments;
3.1.6. in accordance with the law, take decisions on the conservation, repair, restoration, reconstruction and regeneration of monuments, which are in public ownership, for construction and fortification and area improvement works on monuments for protection purposes; give consent to the implementation of these works in connection with monuments in private ownership and monitoring the progress of their implementation;
3.1.7. approve rehabilitation, conservation, repair, reconstruction, regeneration and other works on monuments;
3.1.8. give consent to area improvement and reconstruction works in the territory of the Reserves;
3.1.9. organise forecasting and planning work related to the Reserves and ensuring the sustainable development of the Reserves;
3.1.10.carry out scientific, historical and cultural studies of monuments located in the territory of the Reserves; organise of their purposeful use; and their preservation;
3.1.11. ensure the implementation of international treaties to which the Republic of Azerbaijan is a party -in the appropriate areas of activity
3.1.12. coordinate activities of companies and organisations responsible for engineering and communication systems; organise activities of residential and non-residential properties; plan, organise restoration and repair of monuments and structures and supervision over the implementation of such works;
3.1.13. conduct inventory of historical and architectural monuments and structures located in the territory of the Reserves; carry out technical classification; and compiling appropriate lists of the values of monuments;
3.1.14. implement appropriate measures as established by law to prevent violations of ensuring the regime for the use of historical and cultural monuments, for protection of monuments, the rules for their use and a regime for protecting the Reserves; to hold accountable those responsible;
3.1.15. control compliance with the regime established for the Reserves when leasing out or privatising objects located in the territory of the Reserves; grant consent in accordance with legislation, to privatisation and transfer for use and conclusion of the safeguarding obligations agreements; in accordance with legislation, terminate works on transfer to use, including a lease, which are not authorised by the Administration;
3.1.16. properly organise recreational zones, landscaping and traffic areas in the territory of the Reserves; in case if vehicle traffic along the road sections near monuments or through their protective zone endanger the safety of the monuments, implement measures to restrict or prohibit them in the manner prescribed by law;
3.1.17. prohibit repair work which may pose a threat to monuments within the Reserves, identify and implement appropriate safety measures; put forward demands and if, they are met, authorise the continuation of the works;
3.1.18. develop tourism in the territory of the Reserves; identify tourist routes and organise the creation of relevant infrastructure;
3.1.19. developt and implement historical and cultural projects related to the territory of the Reserves;
3.1.20. organise bibliographic reviews and historical researches; involve specialists in studies of monuments located in the territory;
3.1.21. organise: promotion of the scientific, cultural and historical value of monuments; prepare exhibitions, photo stands, excursions. lectures, documentary and feature films; publish popular scientific literature; international and national symposiums and seminars focused on this;
3.1.22. register archaeological works authorised in accordance with legislation in the territory of the Reserves; exercise control over archaeological excavations and other such works
3.1.23. implement activities on keeping state registration, classification and protection of discovered historical and cultural monuments; submit proposals related to their values and protection regime;
3.1.24. organize legal enlightenment, the creation of an advisory service on the safeguarding of tangible and intangible cultural heritage; initiate a legal action in case of violation of rights related to the state property; represent interests of the Reserves in courts; inform relevant governmental bodies about persons who violated the legislation related to monuments located in territory of the Reserves;
3.1.25. in accordance with Law of the Republic of Azerbaijan "On Advertising", to exercise control over the advertising activities in the territory of the Reserves and to implement regulation in this area, including: issuance permits for construction and installation of advertising media, their structural modifications and placing advertisements on them; when issuing a permit for advertising, to prepare and deliver to the advertiser a certificate of technical specifications for advertisement; as well as to conclude a contract with the advertiser on obtaining a permit issued.
Note: The Administration shall send the advertisers with valid advertising permits in the territory of the Reserves obtained before August 1, 2017, notification requiring to conclude an agreement on obtaining a permit pursuant to Article 3 of Law of the Republic of Azerbaijan of June 2017, N755-VQD, "On Amendments to Law of the Republic of Azerbaijan "On Advertising".
3.1.26. develop a digital information -communication system to manage the territory of the Reserves; ensure introduction of scientific and technical achievements in this area taking into account international practice
3.1.27. consider applications received in connection with the activities of the Administration and take measures in accordance with the procedure specified by Law
3.1.28. ensure public awareness of its activities, development of a website, placing on the site and constantly updating available public information, whose list is identified by Law of the Republic of Azerbaijan "On Access to Information";
3.1.29. take measures to improve its structure and operation;
3.1.30. implement measures on protection of the state and commercial secret as well as confidentiality regime;
3.1.31. implement joint targeted programmes and projects funded by the government agencies, international organisations, legal entities and individuals;
3.1.32. issue appropriate rights defining documents related to the territory, in cases specified in this Statute;
3.1.33. ensure effective and targeted use of budget fund, loans, grants and other financial resources allocated for the Administration;
3.1.34. organise information support of the Administration and its security;
3.1.35. perform other duties specified by Acts of the President of the Republic of Azerbaijan.
3.2. The Administration shall have the following rights to perform its duties:
3.2.1. draft or participate in drafting legal acts related to the Reserves;
3.2.2. initiate accession of the Republic of Azerbaijan to the international treaties related to the Reserves; organise international conferences, seminars and other international events in the areas of activities;
3.2.3. send a request to state authorities and local self-government bodies, individuals and legal entities in order to obtain the necessary information (documents);
3.2.4. represent the Reserves at the international level; co-operate as established with relevant international organisations, relevant governmental agencies (structures) of foreign states; study relevant experience of foreign countries; exchange experience with reserves operating abroad;
3.2.5. provide opinions and proposals in the areas of activities; conduct analyses and reviews; produce analytical materials; conduct research;
3.2.6. prohibit the implementation of any improvement, restoration, reconstruction, regeneration and repair-construction works in the territory of the Reserve without authorisation by the Administration; give binding instructions;
3.2.7. build the tourist infrastructure facilities in the territory of the Reserves, with the preservation of traditional street pattern, on the sites of destroyed and threatened buildings that have no historical and architectural value; as well as design and build new facilities to meet the needs of the Administration;
3.2.8. request a report on the research works conducted by legal entities and individuals who organise excavation works in the territory of the Reserve;
3.2.9.give binding instructions about elimination of violations regarding the protection and use of monuments in the territory of the Reserves and take appropriate measures;
3.2.10. ensure the implementation of construction and fortification works on the historical and cultural monuments, improvement of their effectiveness and level, as well as adjustments for the usability of the monuments;
3.2.11. grant consent to repair and construction work which does not make threat to monuments in the buffer zone outside the Reserves.
3.2.12. grant consent to research and promotion (audiovisual filming, etc.) of monuments in the territory of the Reserves;
3.2.13. involve independent experts and specialists in its activities in accordance with the procedure established by Law;
3.2.14. issue special bulletins and other publications in accordance with the procedure established by Law;
3.2.15. gain income through: cultural and public events held in the territory of the Reserves; creation of structures (objects) providing temporary and permanent services; participation in joint activities with private and governmental structures on a contractual basis; and provision of various services;
3.2.16. attract investment aiming to develop the Reserves;
3.2.17. lease out or use, in accordance with Law, the state property that is on a balance sheet of the Administration;
3.2.18. organise courses of professional development and in other areas to improve the professional level of the staff; and provide paid services on organisation of paid courses for training and development according to the areas of activities of the Administration;
3.2.19. establish economic companies aiming to perform the Administration's duties or participate in such entities;
3.2.20. exercise other rights established by the acts of the President of the Republic of Azerbaijan
4.1. The Administration shall implement advanced standards of corporative governance in its operation and management.
4.2. The Administration shall be governed by the Management Board.
4.3. The Management Board shall ensure management and control of the Administration. The Board shall comprise three people: the Chairman of the Board appointed and dismissed by the President of the Republic of Azerbaijan, two his deputies appointed and dismissed by the Cabinet of Ministers of the Republic of Azerbaijan in agreement with the President of the Republic of Azerbaijan. The terms of office of the members of the Management Board is 5 (five) years.
4.4. in case of temporary absence of the Chairman of the Board his authorities shall be exercised by another member of the Board determined by the Chairman of the Board.
4.5. The Board shall perform the following duties:
4.5.1. identify the areas of development of the Administration;
4.5.2. submit proposals and documents for exercising the powers of the Founder respectively to the President of the Republic of Azerbaijan and the Cabinet of Ministers of Azerbaijan;
4.5.3. prepare and submit to the President of the Republic of Azerbaijan an annual report of the activities of the Administration;
4.5.4. consider draft legal acts related to the improvement of the operation of the Administration; submit the drafts to the relevant governmental bodies and structures;
4.5.5. ensure rational and targeted use of funds specified in Article 3.1.33. of this Statute;
4.5.6. consider requests of the members of the Board and make decisions;
4.5.7. within the established structure, the payroll budget and the number of employees, approve the structure of the Apparatus and units of the Administration, their staffing and cost estimates within the budgetary allocations;
4.5.8. approve the internal procedure of the Administration and regulations of the agencies, branches and representations; make decisions on the use of its property;
4.5.9. determine rules and terms for exclusion of conflict of interests in activities of the Board and employees; and exercise control of compliance;
4.5.10. with the consent of the Cabinet of Ministers of the Republic of Azerbaijan, make a decision on establishment of economic companies of the Administration or on participation therein; and on the establishment of departments, branches and representative offices;
4.5.11. with the consent of the Cabinet of Ministers of the Republic of Azerbaijan, make a decision on conclusion of transactions for an amount exceeding 25 percent of the value of net assets (special value transactions), and transactions with the relevant person whose value is 5 percent or more of the assets of the Administration;
4.5.12. make a decision on conclusion of a transaction with the relevant person not exceeding 5 percent of the assets of the Administration;
4.6. Meetings of the Board are convened at least once a month. A member of the Management Board is an initiator of the Board meetings. Meetings of the Board are eligible if at least 2 members of the Management Board are present. Meetings of the Board are recorded in the appropriate order, and decisions are made on the issues discussed. At the meeting of the Board, each member has one vote. Decisions are made by a simple majority of votes. If the votes are equal, the vote of the Chairman of the Management Board (or the other member of the Management Board replacing him) is decisive. The abstention of members during voting is not allowed.
4.7. The Chairman of the Management Board shall:
4.7.1. manage the operation of and represent the Administration
4.7.2. organise the activity of the Board, identify the agenda of meetings and preside at meetings;
4.7.3. convene the meetings of the Board on his/her own initiative or on the initiative of another member of the Board;
4.7.4. on own initiative or at the request of any other member of the Board, invite other persons to attend the meeting of the Board;
4.7.5. organise the implementation; follow up and control the implementation of the acts adopted in connection with the areas of activities of the Administration;
4.7.6. issue binding internal instructions and orders related to the organisation of the activities;
4.7.7. except for the cases specified in this Statute, make decisions on appointment and dismissal of the employees of the Administration, including its departments, branches and representation offices, as well as heads of economic companies, on taking of measures of motivation and disciplinary sanctions
4.7.8. exercise control over the use of the property of the Administration in accordance with the purposes specified in this Statute;
4.7.9. cancel decisions of the officials of the Administration contradicting the Law
4.7.10. within the authorities established by this Statute, conduct transactions, conclude agreements on behalf of the Administration, and ensure their implementation;
4.7.11.take appropriate measures to protect the state secrets and the regime of confidentiality in the areas of operation of the Administration;
4.7.12. set up advisory committees and working groups in the areas of activities of the Administration;
4.7.13. take other measures in connection with the organisation of the activities of the Management Board.
4.8. The Members of the Management Board shall:
4.8.1. participate in solving the issues within the authorities of the Management Board;
4.8.2. preliminary get acquainted with the agenda of the Board meeting and the materials to be considered;
4.8.3. express opinions regarding the decisions made by the Board;
4.8.4. make proposals on consideration at the Board meetings of the issues attributed to the authorities of the Board;
4.8.5. get acquainted with decisions of the Board, minutes of the meetings and other documents;
4.9. The members of the Board shall be unbiased in respect of the issues considered at the meetings of the Board and refrain from the actions and speeches that dishonour the member of the Board.
- Statutory Fund, Property and the Financial Activity Framework of the Administration
5.1. The Statutory Fund of the Administration is 1 000 000 (one million) manats.
5.2. The property of the Administration shall be formed by the Statutory Fund, other property transferred by the Founder, as well as allocations from the state budget, income from the activity, donations, grants, investments attracted and other funds not prohibited by Law.
5.3. The Administration shall use own property only for the purposes established by this Statute. The Administration shall exercise its authorities with respect to the state property on its balance sheet in accordance with the procedure established by the relevant legislation.
5.4. After payment of taxes and other mandatory charges, specified by Law, the Administration is entitled to independently dispose of profit received from the activities of the Administration, its economic companies, departments, branches and representation offices.
5.5. For the provision of services (implementation of legal actions), specified in Law of the Republic of Azerbaijan "On State Duty" the Administration shall collect the state duty in accordance with the procedure and in the amount established in the abovementioned Law.
5.6. The prices of products (goods, works, services) of the Administration, provided for in the list of goods (works, services) with prices regulated by the state, approved by the Cabinet of the Republic of Azerbaijan, shall be attributed to the regulated prices.
5.7. The salaries of the Chairman of the Management Board and members of the Management Board, employees of the Apparatus of the Administration shall be equal, respectively, to salaries of the heads, deputy heads and employees of the apparatus of the central bodies of the executive power. The system of additional incentives shall be established by the Management Board.
- Form and Scope of Control the Administration Activities
6.1. Control over the activities of the Administration shall be exercised by the President of the Republic of Azerbaijan and, within the provided authorities of the Founder, by the Cabinet of Ministers of the Republic of Azerbaijan.
6.2. The annual report on the activities of the Administration shall be submitted to the President of the Republic of Azerbaijan
- Accounting and Reporting in the Administration
7.1. The Administration shall keep the accounting records, prepare, submit and publish financial statements in accordance with the procedure established for legal entities of public law by Law of the Republic of Azerbaijan "On Accounting"
7.2. The Administration shall keep the statistical records and compile statistical reports in accordance with Law of the Republic of Azerbaijan "On Official Statistics"
7.3. The Administration shall ensure verification of the financial and economic activities of branches, representative offices, departments and economic entities.
7.4. The Administration shall involve an external auditor to independently verify verify its activity.
- Liquidation and Reorganisation of the Administration
The liquidation and reorganisation of the Administration shall be carried out by the President of the Republic of Azerbaijan.