STATE SERVİCE OF CULTURAL HERİTAGE CONSERVATİON, DEVELOPMENT AND REHABİLİTATİON UNDER THE MİNİSTRY OF CULTURE OF THE REPUBLİC OF AZERBAİJAN

REGULATIONS on the State Service for Cultural Heritage Conservation, Development, and Rehabilitation under the Ministry of Culture of the Republic of Azerbaijan

June 6, 2018, 20:11

approved by the Decree of June 6, 2018

of the President of the Republic of Azerbaijan

1. General provisions

1.1. The State Service for Cultural Heritage Conservation, Development, and Rehabilitation under the Ministry of Culture of the Republic of Azerbaijan (hereinafter referred to as "the Service") is an executive agency exercising state control in the field of the protection of cultural heritage and the use, restoration, conservation, and reconstruction of immovable historical and cultural facilities (monuments) under state protection, excluding the territories of the Icherisheher State Historical-Architectural Reserve and the Gala State Historical-Ethnographic Reserve.

1.2. In carrying out its activities, the Service 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, normative legal acts, decisions, orders, and directives of the Minister of Culture, and these Regulations.

1.3. In fulfilling its responsibilities and exercising its powers, the Service 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 Service 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, and has its own stamps and letterheads.

1.5. The financing of the expenses for the maintenance and operation of the Service shall be derived from the state budget of the Republic of Azerbaijan, extra-budgetary funds, loans, grants, donations, and funds obtained from services and works provided by the subordinate bodies.

1.6. The Service is based in Baku.

2. Areas of activity of the Service

2.0. The areas of activity of the Service include:

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

2.0.2. Ensuring the protection and development of cultural heritage and exercising state control over the protection of cultural heritage.

2.0.3. Exercising state control over the restoration, reconstruction, conservation, reconstruction, the renewal of means of technical support, and the design of current and capital repair and restoration works on immovable historical and cultural objects (monuments) under state protection;

2.0.4. Ensuring the efficient management of funds allocated from the state budget and other financial sources of capital investment in the relevant field;

2.0.5. Authorizing the implementation of landscpaing, construction, repair, restoration, conservation, and reconstruction projects in the relevant field, taking into account the opinion of the Azerbaijan National Academy of Sciences, and monitoring the progress of the work.

3. Duties of the Service

3.0.1. Participating in the implementation of state programs and development concepts related to the relevant field;

3.0.2. Coordinating the work of state institutions in the relevant field;

3.0.3. Effectively organizing the work of scientific research, design, and production organizations under its authority;

3.0.4. Organizing the use of historical and cultural monuments and their promotion, and holding international and local events in this field;

3.0.5. Ensuring the development of feasibility studies and the review of cost estimates prior to the repair or restoration of cultural and historical monuments;

3.0.6. Estimating the cost of restoring cultural and historical monuments;

3.0.7. Carrying out state supervision of the protection of historical and cultural monuments;

3.0.8. Requesting reports on research conducted by legal entities and natural persons organizing excavations in areas where historical and cultural monuments are located;

3.0.9. Participating in the development of projects for the restoration, protection, and use of historical and cultural monuments;

3.0.10. Acting as the ordering party for the works carried out at the expense of the funds allocated for the construction and repair of facilities and other fixed assets constructed, restored, and repaired in the relevant field;

3.0.11. Performing technical supervision to ensure compliance of the restoration, construction, installation, running, and capital repair works carried out in the relevant field with the approved design and estimate documentation, and timely commissioning thereof in accordance with the Urban Planning and Construction Code of the Republic of Azerbaijan, and submitting documents to the relevant authorities for obtaining an operating permit for completed facilities.

3.0.12. Ensuring the coordination of the developed project-estimate documents with the Ministry of Culture of the Republic of Azerbaijan and other state entities, the introduction of revisions to the design documents, and their approval taking into account the suggestions of expert institutions;

 3.0.13. Ensuring the financing of the design works of the facilities to be restored and constructed in the relevant field, the reimbursement of the costs of the performed restoration, construction, installation, and repair works;

 3.0.14. Taking part in the creation of state orders for the restoration, construction, and repair of facilities and other fixed assets of the Ministry of Culture of the Republic of Azerbaijan, and carrying out work on the renewal of the means of technical support;

3.0.15. Estimating the likely costs of constructing and repairing facilities in the relevant field;

3.0.16. In compliance with the Law of the Republic of Azerbaijan on Public Procurement, conducting a tender to determine the organization that will carry out rehabilitation and construction works in the relevant field, and entering into a contract with the successful bidder;

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

 3.0.18. Approving the implementation of any restoration, construction, repair, reconstruction, regeneration, and conservation projects in the relevant field, taking into account the opinion of the Azerbaijan National Academy of Sciences, and organizing the monitoring of the implementation in accordance with the agreed project and requirements;

3.0.19. Preventing violations of the protection regime in the relevant field;

 3.0.20. Issuing permits for promoting historical and cultural monuments (through audiovisual filming, etc.);

 3.0.21. Organizing the preparation of exhibitions, photo stands, excursions, lectures, documentaries, and short films; the publication of scientific-mass literature; holding international and local symposiums and workshops; and events in the relevant field;

 3.0.22. Overseeing the performance of archaeological excavations, and the examination of historical and cultural monuments within the territory of the Republic of Azerbaijan;

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

 3.0.24 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;

 3.0.25. 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;

3.0.26. 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;

3.0.27. 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.

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

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

3.0.30. 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;

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

3.0.32. 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.

3.0.33. 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;

3.0.34. 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;

3.0.35.  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;

3.0.36.  Determining the protection zones of cultural heritage monuments;

3.0.37. 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;

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

3.0.39. 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;

3.0.40. 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;

3.0.41. 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;

3.0.42. 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;

3.0.43. 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,;

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

3.0.45. Creating a digital information and communication system to manage the relevant field, ensuring the use of scientific and technical advances in the field, and taking international experience into account;

3.0.46. Ensuring the efficient use of budgetary funds, loans, grants, and other financial resources allocated to the relevant field;

3.0.47. Informing the public about its activities;

3.0.48. Creating a website and ensuring that the public information that it has and that is included in the list of information subject to disclosure in accordance with the Law of the Republic of Azerbaijan on Obtaining Information is published on the website and that this information is regularly updated;

3.0.49. Taking measures to enhance the structure and operation of the Service;

3.0.50. Taking necessary measures to protect state secrecy and confidentiality regimes and security measures in accordance with the areas of activity;

3.0.51. Reviewing the applications and complaints received in relation to the activities of the Service and the relevant field.

4. Rights of the Service

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

4.0.1. Requesting information (documents) related to the relevant field from state and local self-government bodies, individuals, and legal entities, and receiving such information (documents) from them;

4.0.2. Working with international organizations and the relevant state bodies (institutions) of foreign countries, studying the experience of foreign countries in the relevant field;

4.0.3. Giving opinions and recommendations, carrying out analyses, making generalizations, conducting research, and creating analytical materials regarding its areas of activity;

 4.0.4. Ensuring the designer supervision of facilities undergoing restoration or construction in the relevant field;

 4.0.5. Making decisions to take preventive measures to ensure the safety of historical and cultural monuments within the protection zones;

 4.0.6. Obtaining information about the monument from the monument's owner or user;

 4.0.7. Making decisions on the conservation, repair, restoration, reconstruction, and regeneration of state and municipal monuments;

 4.0.8. Involving independent experts and specialists in its activities;

 4.0.9. Issuing special newsletters and other publications;

 4.0.10. Establishing working groups and committees in the relevant field;

 4.0.11. Holding conferences, workshops, and other events related to the relevant field.

 5. Organization of the activity of the Service

 5.1. The operations of the Service shall be carried out by its Office and subordinate entities.

 5.2. The activity of the Service is directed by the chief appointed and dismissed by the President of the Republic of Azerbaijan.

 5.3. The Head of the Service shall be personally responsible for the performance of the tasks and exercise of the powers entrusted to the Service.

 5.4. The head of the Service shall have two deputies. The Deputy Head of the Service shall be appointed and dismissed by the Minister of Culture of the Republic of Azerbaijan.

 5.5. Deputies of the head of the service shall perform the duties assigned to them by the head of the Service and be personally liable for their performance.

 5.6. Head of the Service:

 5.6.1. manages the service and organizes its activities;

5.6.2. submits to the Ministry of Culture of the Republic of Azerbaijan for approval the structure of the Office of the Service, the cost estimate, and the staffing table within the limits of the determined labor compensation fund and the number of employees;

5.6.3. determines the duties of the deputy heads of the Service and the heads of the structural units of the Office in accordance with the approved staffing plan;

5.6.4. refers to the Ministry of Culture of the Republic of Azerbaijan the imposition of disciplinary measures on the employees of the Office and oversees the implementation of measures to motivate and reward the employees of the Office;

5.6.5. issues orders and instructions concerning the activities of the Office of the Service and its subordinate units;

5.6.6. revokes the illegal acts of the officials of the Service;

5.6.7. represents the Service in relation with state and local self-government bodies, legal entities, and individuals;

5.6.8. ensures that the funds allocated to the Service are spent as intended in accordance with the cost estimate;

5.6.9. ensures the preparation of the annual and prospective work plans of the Service;

5.6.10. submits to the Minister of Culture of the Republic of Azerbaijan proposals for the development of the relevant area and the annual report on the activities of the Service.

Protection, development, and restoration of historical and cultural objects shall be carried out by the State Service for Cultural Heritage Conservation, Development, and Rehabilitation in compliance with this decree.

Check out the list of historical and cultural monuments approved by the Cabinet of Ministers of the Republic of Azerbaijan.