of October 19, 2012 No. 341-IV
About protection of objects of national historical and cultural heritage
This Law governs the relations in the field of identification, studying, restoration, preserving, use, promoting and the state protection of objects of national historical and cultural heritage; provides the right of the Turkmen people to preserving and development of the cultural-national originality, protection, recovery and preserving the historical and cultural habitat; preserving and protection of sources of information on origin and cultural development in the territory of Turkmenistan.
Objects of national historical and cultural heritage are set of cultural values to which the objects (material values) making cultural heritage of the Turkmen people with historical, archaeological, architectural and other points of view and national cultural property of Turkmenistan proceeding from their special value for history and culture of the country and accessory only to Turkmenistan without the right of their transfer to other states having the historical and cultural importance belong.
1. In the territory of Turkmenistan immovable historical and cultural monuments which are subdivided into the following types belong to objects of national historical and cultural heritage:
- single monuments - separate constructions, buildings and constructions with the related works of painting, sculpture, arts and crafts and historically developed territories of the specified constructions, buildings and constructions; memorial apartments; necropolises, mausoleums and separate burials, performing monumental art; objects of science and technology (including military) which have value from the point of view of history, science or art; the objects of archaeological heritage containing the traces of existence of the person in parts or in full hidden in the earth or under water, which are the certificate of eras and civilizations the main or one of the main sources of information about which excavation or finds is;
- ensembles - accurately localizable in historically developed territory of group of the isolated or integrated monuments, structures and constructions of fortification, religious, palace, residential, public, administrative, trade, production, scientific, educational assignment with the related works of painting, sculpture, arts and crafts, architecture, the unity or communication with which landscape are of value from the archaeological, architectural, historical, esthetic or welfare points of view; historic centers of settlements and fragments of historical layouts and buildings of settlements which can be carried to town-planning ensembles; works of landscape architecture and landscape gardening art (gardens, parks, squares, boulevards);
- noteworthy places - joint creations of the person and the nature, and also the territories having value from the point of view of archeology, history, town planning, esthetics, ethnology or anthropology, including the place of existing of national art crafts; the centers of historical settlements or fragments of the town-planning layout and building, the memorable places, landscapes connected with historical (including military) events; the natural landscapes connected with monuments, life of outstanding historic figures; occupation layers, remaining balance of constructions of the ancient cities, ancient settlements, settlements, parking, places of making of ceremonies.
2. The territories of objects of national historical and cultural heritage (the single monuments, ensembles, noteworthy places) entered in the State register of objects of national historical and cultural heritage of Turkmenistan are especially protected historical and cultural territories.
Objects of national historical and cultural heritage are subdivided into the following categories:
1) the objects of national historical and cultural heritage of the international value representing exclusive historical, scientific, architectural, art and memorial value for the world heritage of all mankind, included and assumed on inclusion in the List of the world heritage of UNESCO, and also which are important for knowledge of history and culture of the people of other countries;
2) the objects of national historical and cultural heritage of nation-wide value representing historical, scientific, architectural, art and memorial value for history and culture of Turkmenistan;
3) the objects of national historical and cultural heritage of local value representing historical, scientific, architectural, art and memorial value for history and culture of welayats, etraps, cities, settlements and villages.
Protection of objects of national historical and cultural heritage is determined as system of the legal, organizational, financial, information, material and taken by the state other measures directed to identification, studying, restoration, preserving, use and promoting, and also the state protection of objects of national historical and cultural heritage according to this Law.
The legislation of Turkmenistan on protection of objects of national historical and cultural heritage is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan.
If the international treaty of Turkmenistan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.
State regulation in the field of protection of objects of national historical and cultural heritage is performed by the Cabinet of Ministers of Turkmenistan, authorized body of the executive authority in the field of culture, authorized state body on protection, studying and restoration of objects of national historical and cultural heritage, local executive bodies and local government bodies.
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