A nation is known, recognized and distinguished among the world nations by certain characteristic features. The highest and the greatest of these features is culture.

HEYDAR ALIYEV

MINISTRY

REGULATİONS

REGULATIONS
on the Ministry of Culture of the Republic of Azerbaijan

June 6, 2018, 20:05

approved by Decree of the President
of the Republic of Azerbaijan
on June 6, 2018

 

General provisions

 

1.1. The Ministry of Culture of the Republic of Azerbaijan (hereinafter referred to as the Ministry) is a central executive authority implementing state policy and regulation in the fields of culture, art, history, protection of cultural monuments, publishing, and cinematography (hereinafter referred to as “the relevant field”).

1.2. In carrying out its activities, the Ministry shall act in accordance with the Constitution of the Republic of Azerbaijan, international treaties to which the Republic of Azerbaijan is a party, the laws of the Republic of Azerbaijan, decrees and orders of the President of the Republic of Azerbaijan, resolutions and orders of the Cabinet of Ministers of the Republic of Azerbaijan, and these Regulations.

1.3. In fulfilling its responsibilities and exercising its powers, the Ministry shall interact with state bodies and local self-government bodies, international and non-governmental organizations, and other legal entities and natural persons.

1.4. The Ministry has its own balance sheet, utilizes state property, has treasury and bank accounts, possesses a seal bearing the state emblem of the Republic of Azerbaijan and its own name, the seal of the clerical staff without the emblem, and has its own stamps and letterheads.

1.5. The financing of the expenses for the maintenance and operation of the Ministry shall be provided from the state budget of the Republic of Azerbaijan, as well as from other sources established by law.

1.6. The Ministry is based in Baku.

 

2. Areas of activity of the Ministry

 

2.0. The areas of activity of the Ministry include:


2.0.1. Taking part in the development of a unified state policy in the relevant field and ensuring its implementation;

2.0.2. Carrying out policy-making activities in the relevant field;

2.0.3. Performing state regulation, control, and coordination in the relevant field;

2.0.4. Exercising state control over the protection of cultural heritage through the State Service for Cultural Heritage Conservation, Development, and Rehabilitation included within the Ministry's organizational structure, as well as the restoration of immovable historical and cultural facilities (monuments) under state protection, the reconstruction, conservation, and reconstruction, renewal of the means of technical support, and the design of current and major repair and restoration work excluding the territories of the Icherisheher State Historical-Architectural Reserve and the Gala State Historical-Ethnographic Reserve,;

2.0.5. Taking measures for the development of the relevant field.

 

3. Duties of the Ministry

 

3.1. In line with the areas of activity specified by these Regulations, the Ministry shall undertake the following duties:

 

3.1.1. Performing tasks arising from the policy-making activities in the relevant field;

 

3.1.2. Ensuring the implementation of national programs and development concepts;

 

3.1.3. Taking part in the drafting of national programs in the relevant field;

 

3.1.4. Coordinating the actions of other executive authorities in the relevant field, as well as the activities of entities and associations operating therein;

 

3.1.5. Ensuring implementation of international agreements, to which the Republic of Azerbaijan is a party in the relevant field;

 

3.1.6 Exerting state control and state monitoring as specified by legislation, issuing licenses, and other documents of title in the relevant field, excluding the territories of the Icherisheher State Historical-Architectural Reserve and the Gala State Historical-Ethnographic Reserve;

 

3.1.7. Maintaining the state register in the field of culture;

 

3.1.8 Taking steps to promote the growth of entrepreneurship in the field of culture;

 

3.1.9. Ensuring the realization of human and civil rights and freedoms related to its areas of activity and preventing their violation;

 

3.1.10. Organizing socially significant events for people to freely enjoy the samples of Azerbaijani and global culture and cultural resources;

3.1.11. Ensuring the performance of analysis and research in the relevant field, and putting the successful results into practice;

 

3.1.12. Ensuring the application of scientific and technical advancements in the relevant field, taking the international best practices into account;

 

3.1.13. Ensuring the proper use of budgetary funds, loans, grants, and other financial resources allocated to the relevant field in accordance with their intended purpose;

 

3.1.14. Implementing investment projects aimed at the development of the cultural industry or the creation of a favourable investment environment in collaboration with relevant state institutions, excluding the territories of the Icherisheher State Historical-Architectural Reserve and the Gala State Historical-Ethnographic Reserve;

 

3.1.15. Taking the necessary measures to protect the state secret and confidentiality regime, as well as security measures appropriate to its areas of activity;

 

3.1.16 Making the public aware of its activities, developing a website, and ensuring that the public information that it has and that is included in the list of information subject to disclosure under the Law of the Republic of Azerbaijan on Obtaining Information is published on the website and that the information is regularly updated;

 

3.1.17. Taking measures aimed at the restoration, protection, development, and promotion of the cultural heritage of Azerbaijan;

 

3.1.18. Carrying out training of personnel in the relevant area, and taking actions for training and further education of specialists;

 

3.1.19. Taking measures to enhance the structure and activities of the Ministry;

 

3.1.20. Reviewing and taking action on incoming appeals concerning the activities of the Ministry;

 

3.1.21. Implementing state orders for the creation of works of high artistic value;

 

3.1.22. Supporting the professional development of talented individuals;

 

3.1.23. Facilitating the participation of international organizations, municipalities, and natural and legal persons, including non-profit organizations in cultural activities;

 

3.1.24. Establishing the procedure for recording and storing museum items and collections that are part of the museum fund of the Republic of Azerbaijan;

 

3.1.25 Acquiring tangible samples of culture and publications in order to enrich and supplement the funds of state-owned museums, libraries, art galleries, and exhibition halls, ensuring their preservation, recording, protection, promotion, and display;

 

3.1.26. Including cultural resources (except for immovable cultural resources) in the State List of National Cultural Property of the Republic of Azerbaijan and the Protection List of Cultural Resources in the manner specified by the Cabinet of Ministers of the Republic of Azerbaijan;

 

3.1.27. Implementing the attribution of particularly important cultural objects (except immovable cultural resources) to national cultural heritage objects;

 

3.1.28. Maintaining a list of protected cultural resources (except for immovable cultural resources);

 

3.1.29. Building an electronic information system in the relevant field in compliance with the Law on Culture of the Republic of Azerbaijan;

 

3.1.30. Attributing cultural samples to the national cultural resources of the Republic of Azerbaijan through expertise;

 

3.1.31. Maintaining the state register of intangible cultural heritage samples;

 

3.1.32. Systematizing, protecting, and promoting national culinary samples in the Republic of Azerbaijan and attributing them to the national cultural heritage;

 

3.1.33. Posting the list of protected cultural resources on its official website, ensuring its regular updating and publication in official publications;

 

3.1.34. Assessing the feasibility of exporting cultural resources with a certificate for the protection of cultural resources;

 

3.1.35. Taking the necessary steps to prevent the publication (dissemination) of materials that degrade, humiliate, and defame the moral values, culture, and art of the Azerbaijani people;

 

3.1.36. Registering all films intended for mass screening (in cinemas, video halls, video broadcasting stations, broadcast, and cable television) in the territory of the Republic of Azerbaijan and entering them into the state register of films to prevent the illegal screening of cinema and video films, as well as the films promoting pornography or violence, and to determine the age categories of the viewers;

 3.1.37. Creating a database of biographies, professional accomplishments, and creative endeavours of individuals and groups who have made significant contributions to the development of culture;

 3.1.38. Establishing the procedure and mode for the storage of primary materials of national films and newsreels, and tangible portable samples of culture;

 3.1.39. Making optimal use of the cultural, natural, and historical heritage that are tourism attractions, while considering the perspectives of other relevant organizations."

 3.1.40. Ensuring the promotion of cultural values;

 3.1.41. Implementing projects in the relevant field in order to enable the integration of Azerbaijani culture into global culture, the development of intercultural dialogue, and the creation of a common cultural space;

 3.1.42. Authorizing the use of historical names of the Azerbaijani people and special signs related to historical and cultural resources in accordance with the Law on Trademarks and Geographical Indications of the Republic of Azerbaijan;

 3.1.43. Implementing projects in order to make cultural objects and spaces more accessible to the general public;

 3.1.44. Providing each cultural resource on the list of protected cultural resources with a certificate of protection;

 3.1.45. Overseeing the activities of higher and secondary vocational educational institutions, children's music, art, painting, and mugham schools included in the ministry system, approving other educational programs and cirricula in accordance with the Charter approved by the President of the Republic of Azerbaijan, with the exception of the curricula to be approved by the heads of the educational institutions, taking steps to develop the network of educational institutions and enhance their material and technical base;

 3.1.46. Financing of subordinate state educational institutions in line with the Law on Education of the Republic of Azerbaijan;

 3.1.47. Collaborating with the Ministry of Education of the Republic of Azerbaijan to promote cultural engagement among children and youth through economic, social, legal, scientific-technical, modern technological, and other measures in order to enhance education and general aesthetic education, including extended activities;

 3.1.48. In compliance with the Law on Culture of the Republic of Azerbaijan, and with the exception of  the territories of the Icherisheher State Historical-Architectural Reserve and the Gala State Historical-Ethnographic Reserve, approving the use of the cultural resources belonging to the national cultural heritage, including museum, archeology, ethnography, library and film funds or archives by legal entities and individuals for commercial and non-commercial purposes;

 3.1.49. In partnership with the Ministry of Foreign Affairs of the Republic of Azerbaijan, taking steps to showcase and promote Azerbaijani culture at international events;

3.1.50. Supporting cultural events of foreign countries and ensuring the holding of cultural events of Azerbaijan in foreign countries jointly with the Ministry of Foreign Affairs of the Republic of Azerbaijan;

3.1.51. Working with the Ministry of Foreign Affairs of the Republic of Azerbaijan to develop Azerbaijani cultural centers abroad and coordinating their activities;

3.1.52. Performing any other tasks as established by the acts of the President of the Republic of Azerbaijan.

3.2. Through the State Service for Cultural Heritage Conservation, Development, and Rehabilitation included within the Ministry's organizational structure (excluding the territories of the Icherisheher State Historical-Architectural Reserve and the Gala State Historical-Ethnographic Reserve):

3.2.1. Organizing the protection of immovable historical and cultural monuments under state protection;

 

3.2.2.  When any technical facilities or equipment impedes the safe use of historical and cultural monuments, giving consent to the competent authorities for demanding that the owner of the facilities or equipment remove the conditions that impede safe use as soon as possible;

 

3.2.3. Approving the protective measures related to the protection zones of immovable historical and cultural monuments under state protection when there is a high probability of the occurrence of natural and man-made events;

3.2.4. determining the estimated prices of the facilities to be constructed and repaired as part of the restoration, reconstruction, conservation, and reconstruction of immovable historical and cultural facilities (monuments) under state protection;

 

3.2.5. Acting as the ordering party in connection with the organization of restoration and reconstruction works on immovable historical and cultural monuments (buildings and facilities) under state protection in areas affected by natural and man-made incidents;

3.2.6. Authorizing the alteration of the designated usage of residential areas belonging to immovable historical and cultural monuments under state protection, from residential to non-residential or vice versa.

3.2.7. Exercising oversight over the restricted use of immovable cultural resources that are subject to conservation protection;

3.2.8. Executing protection agreements with the owners or users of immovable cultural resources that are subject to protection for the purpose of safeguarding such resources.

3.2.9. Receiving reports on the research works from the persons conducting scientific research works in touch with them to carry out archeological excavations and research archeological cultural resources within the territory of the Republic of Azerbaijan;

3.2.10. Carrying out state recording of immovable historical and cultural monuments under state protection and specifying technical details about the property;

3.2.11 In instances where the owner of an apartment (residential building) that is part of an immovable historical and cultural monument under state protection fails to fulfill their obligation to repair or restore the property in a timely manner, authorizing the filing of a claim in court, alleging that the apartment (residential building) is in an emergency state.

3.2.12. Approving the demolition, destruction, dismantling, reconstruction, relocation, and alteration of the appearance of immovable historical and cultural monuments under state protection and subject to preventative conservation measures;

3.2.13. if signs of cultural heritage objects are discovered during construction work in the protection zones of immovable historical and cultural monuments under state protection, obtaining information regarding the immediate cessation of construction work, authorizing the continuation of the immediately suspended construction work, and taking the necessary measures;

3.2.14. Authorizing the use of historical and cultural monuments for scientific, cultural, religious, service, and tourism purposes, including their leasing and privatization of architectural monuments of local significance in accordance with the Law of the Republic of Azerbaijan on Protection of Historical and Cultural Monuments;

3.2.15. Determining the protection zones of cultural heritage monuments;

3.2.16. Approving the placement of advertising media within the boundaries of historical and cultural monuments and areas designated as their protection zones, as well as on the roofs of architectural monuments (buildings), in accordance with the Law on Advertising of the Republic of Azerbaijan;

3.2.17 Ensuring the protection of historical and cultural monuments, recommending newly discovered monuments for state protection and their classification based on the degree of importance;

3.2.18. If an archeological monument is discovered in areas covering an area of more than one hectare, during the construction of highway engineering communications (oil and gas pipelines, etc.) and other construction works, authorizing the construction and economic activities in this zone in accordance with the Law of the Republic of Azerbaijan on the Protection of Historical and Cultural Monuments;

 

3.2.19. In case of discovery of immovable monuments of history and culture during construction and other economic activities, authorizing the continuation of the construction and other economic works in the area where they are located in accordance with the Law of the Republic of Azerbaijan on the Protection of Historical and Cultural Monuments;

 

3.2.20. In accordance with the Urban Planning and Construction Code of the Republic of Azerbaijan, agreeing to the approval of the decision on improvement in relation to immovable monuments of history and culture under state protection, their areas, and protection zones;

 

3.2.21. Granting the building permit concerning the protection zones of immovable historical and cultural monuments under state protection as per the Urban Planning and Construction Code of the Republic of Azerbaijan;

 

3.2.22. Authorizing the relocation of monuments of local importance pursuant to the Law of the Republic of Azerbaijan on the Protection of Historical and Cultural Monuments,;

 

3.2.23. Implementing measures to hold legal and natural persons accountable for violations of the regulations concerning the protection of historical and cultural monuments.

 

 

4. Rights of the Ministry

 

4.0. In order to perform its duties, the Ministry shall have the following rights:

 

4.1.1. Exercising the rights arising from the policy-making activities in the relevant field;

4.1.2. Taking initiatives for the accession of the Republic of Azerbaijan to the international agreements of the relevant field;

4.1.3. Requesting the necessary information (documents) related to the relevant field from state and local self-government authorities, individuals, and legal entities and receiving the requested information (documents) from them;

4.1.4. Collaborating with international organizations, and relevant state authorities (institutions) of foreign countries, studying the experience of foreign countries in the relevant field;

4.1.5. Giving opinions and recommendations, carrying out analyses, making generalizations, conducting research, and creating analytical materials in line with its areas of activity

4.1.6. Involving experts and specialists in its activities within the limits of the funds allocated for this purpose;

4.1.7. Issuing special newsletters and other publications;

4.1.8. Exercising the rights with respect to the state property in its use;

4.1.9. Establishing interdepartmental commissions, coordination and expert councils, committees, and working groups in accordance with its areas of activity, developing methodological materials and recommendations for the relevant field by involving specialists of the relevant state institutions and organizations;

4.1.10. Carrying out in-depth analysis and forecasting of the key directions of the relevant field, developing proposals for investment in this field in collaboration with the relevant executive authorities;

4.1.11. Exercising any other rights established by the acts of the President of the Republic of Azerbaijan.

4.2. Through the State Service for Cultural Heritage Conservation, Development, and Rehabilitation included within the Ministry's organizational structure (excluding the territories of the Icherisheher State Historical-Architectural Reserve and the Gala State Historical-Ethnographic Reserve), the Ministry shall:

4.2.1. make decisions on preventive measures to ensure the safety of historical and cultural monuments within the protection zones;

4.2.2. obtain information about the monument from the owner or user of the monuments discovered by chance;

4.2.3. make decisions on the conservation, repair, restoration, reconstruction, and regeneration of state and municipal monuments.

 

5. Organization of the activities of the Ministry

 

5.1. The Office of the Ministry, and the institutions included in its structure, and other subordinate institutions (legal entities, organizations, etc.), as well as the Ministry of Culture of the Nakhchivan Autonomous Republic shall constitute the unified system of the Ministry. The Ministry shall carry out its activities both directly and through these institutions.

5.2. The structure of the Ministry, the total number of staff in the Office of the Ministry, and the institutions included in its structure shall be determined by the President of the Republic of Azerbaijan. The Cabinet of Ministers of the Republic of Azerbaijan shall approve the list of subordinate institutions (legal entities, organizations, etc.) that are not included in the structure of the Ministry.

5.3. The Minister of Culture of the Republic of Azerbaijan (hereinafter referred to as the Minister), who is appointed and dismissed by the President of the Republic of Azerbaijan shall direct the Ministry's activity. The Minister shall be personally liable for the fulfilment of the duties and exercising of the rights entrusted to the Ministry.

5.4. The minister shall be assisted by a first deputy and two deputies. Deputy Ministers shall be appointed and dismissed by the President of the Republic of Azerbaijan.

 5.5. Deputy Ministers shall perform the tasks assigned to them by the Minister and be personally liable for the performance of such tasks.

 

5.6. Minister shall:

 

5.6.1. organize and direct the activities of the Ministry;

 5.6.2. assign his/her deputies tasks relating to personnel, financial, economic, and other issues, determines their authority, as well as that of other Ministry officials and the heads of the institutions included in the Ministry's structure, and facilitates collaboration among them;

5.6.3. approve regulatory legal acts in the form of a decision on  the approval of the charters of the structural units of the Ministerial Office, the institutions included in its structure (except for the charters approved by the President of the Republic of Azerbaijan), subordinate institutions, and the Scientific and Technical Council of the Ministry as well as on the issues not referred to the authority of the Collegium under paragraph 5.12 of these Regulations;

5.6.4. submit the charters of subordinate institutions (legal entities, organizations, etc.) that are not included in the structure of the Ministry for approval;

5.6.5. appoint and dismiss the employees of the Office of the Ministry, heads of institutions included in the structure of the Ministry and their deputies, employees, and other employees included in the nomenclature of the Ministry, except for the cases when they are appointed and dismissed by the President of the Azerbaijan Republic, take measures of encouragement and disciplinary punishment towards them, award meritorious employees with badges and honorary insignia established by the Ministry in the relevant field;

5.6.6. adopt non-regulatory legal acts in the form of orders and decrees and organize and oversee the implementation of them, and of the regulatory legal acts adopted by the Ministry;

 

 5.6.7. revoke the decisions that are made by the officials of the Ministry and are in conflict with the legislation;

5.6.8. approve the state order documents in its areas of activity;

5.6.9. approve the structure, staffing plan, and cost estimate of the Office of the Ministry, institutions included in its structure, and other subordinate institutions not included in its structure, within the limits of the established structure, payroll fund, number of employees, and allocated budgetary funds;

5.6.10. approve the Chairman of the Appeals Council, as well as other members of the Appeals Council, the head and composition of the Secretariat based on the suggestion of the Chairman of the Appeals Council;

 5.6.11. eepresent the Ministry in relations with state bodies, administrations, enterprises, and organizations, legal and natural persons of the Republic of Azerbaijan and foreign countries, as well as with international organizations, conduct negotiations, and sign relevant international documents within the scope of the conferred powers;

 5.6.12. make proposals regarding the formation of the state budget and extra-budgetary funds for the given year in relation to issues entrusted to the Ministry;

5.6.13. ensure that funds appropriated from the state budget are spent for the intended purposes.

5.7. Institutions included in the structure of the Ministry and other subordinate institutions that are not included in the structure shall be directly liable for the performance of the tasks and functions entrusted to them.

5.8. The Minister may delegate the implementation of a part of his/her powers or the temporary performance of his/her duties to the First Deputy Minister or one of the Deputy Ministers.

5.9. The Ministry shall establish a Collegium comprised of the Minister (Chairman of the Collegium), the First Deputy Minister, Deputy Ministers, the Minister of Culture of the Nakhichevan Autonomous Republic, and senior staff of the Ministry. Specialists and scholars, and heads of creative unions may also be included in the Collegium of the Ministry.

5.10. The number of members of the Collegium of the Ministry and the composition of the Collegium shall be approved by the Cabinet of Ministers of the Republic of Azerbaijan.

5.11. During its meetings, the Collegium of the Ministry shall discuss issues related to the activities of the Ministry and make relevant decisions.

5.12. The Collegium of the Ministry shall adopt the following regulatory legal acts in the form of decisions:

5.12.1. regulatory legal acts governing relations between the Ministry and other persons (entities);

5.12.2. specific regulatory legal acts entrusted to the Ministry by the President of the Republic of Azerbaijan;

5.12.3. common (joint) regulatory legal acts governing the activities of several state authorities;

 5.12.4. regulatory legal acts to be coordinated with the relevant state bodies;

 5.12.5. regulatory legal acts specified in paragraph 5.6.3. of these Regulations that are submitted for discussion by the Collegium of the Ministry upon the initiative of the Minister;

 

 

5.12.6. in accordance with sub-clauses 5.12.1-5.12.5 of these Regulations regulatory legal acts on annulment or amendment of the regulatory legal acts passed by the Collegium of the Ministry.

5.13. Meetings of the Collegium of the Ministry shall be legally valid if more than half of the members of the Collegium are present. Decisions of the Collegium shall be adopted by a simple majority vote. If the votes are tied, the vote of the chairman of the Collegium shall be deemed decisive.

5.14. In cases where there is disagreement among the members of the Collegium of the Ministry, the Minister shall notify the Cabinet of Ministers of the Republic of Azerbaijan and implement its decision. Members of the Collegium of the Ministry may bring their personal opinions to the attention of the Cabinet of Ministers of the Republic of Azerbaijan.

5.15. Representatives of other executive power authorities and organizations, as well as non-governmental organizations may be invited to attend the meetings of the Ministry's Collegium.

5.16. A Scientific and Technical Council operating on a public basis may be established in the Ministry for  studying and implementing scientific accomplishments and best practices in the relevant field.

5.17. Appeals Council operating on a public (free) basis and as a collegial body shall be established in the Ministry in order to consider the complaints of applicants based on the results of the interview upon entry into the civil service, individuals and legal entities engaged in entrepreneurial activities on decisions, other actions, or inactions of the Ministry and its institutions related to entrepreneurial activities (except for the cases provided for in the Model Regulations on Appeals Council of Central Executive Authorities, approved by Decree No. 762 of the President of the Republic of Azerbaijan of February 3, 2016 ).