On the protection and use of cultural heritage sites (269-II-son)

30.08.2001

Law of the Republic of Uzbekistan

I. General provisions

Article 1. The purpose of this Law

The purpose of this Law shall be to regulate relations in the field of the protection and use of cultural heritage sites, which constitute the national wealth of the people of Uzbekistan.

Article 2. Legislation on the Protection and Use of Cultural Heritage Sites

The legislation on the protection and use of cultural heritage sites shall consist of this Law and other acts of legislation.

In the Republic of Karakalpakstan, relations in the field of the protection and use of cultural heritage sites shall also be regulated by the legislation of the Republic of Karakalpakstan.

Where an international treaty of the Republic of Uzbekistan establishes rules other than those stipulated for in the legislation on the protection and use of cultural heritage sites, the provisions of the international treaty shall apply.

Article 3. Basic terms

For the purposes of this Law, the following basic terms shall apply:

ensembles — groups of monuments, buildings and structures historically formed within a specific territory, which, in their integrity or in connection with the surrounding landscape, possess historical, archaeological, architectural, aesthetic, or socio-cultural value, including social, administrative, religious, scientific, educational, defensive, palace, residential, commercial, industrial and other facilities, either individually or in combination, as well as works of painting, sculpture, applied decorative arts, and architecture; also including relics of historical layouts, settlements, landscape architecture and garden art works (gardens, recreation parks, boulevards, promenades);

sites of interest — territories representing the joint creation of humans and nature, or possessing historical, archaeological, urban planning, aesthetic, ethnological or anthropological value, including centers of folk handicrafts, historical settlements or urban planning centers, as well as places associated with historical (including military) events, monuments, buildings connected with the lives of prominent historical figures, memorial sites, natural landscapes, as well as cultural layers, remains and ruins of ancient towns, citadels, settlements and residences, and ritual sites;

monuments — individual buildings, structures and constructions of historical, scientific, artistic or other cultural value, along with related works of painting, sculpture, applied decorative arts, as well as historically formed territories of such sites; including memorial houses, apartments, cemeteries, mausoleums, individual graves, works of monumental art, sites of science and technology (including military technology), materials of anthropology, ethnography, numismatics, epigraphy, cartography, photography, cinematography, audio and video recordings, and other records in physical form, works of literature and art, archival, manuscript and graphic documents, ancient manuscripts, early printed books, rare and unique editions, musical notations, sacred sites and memorial items, stone statues, rock carvings, and archaeological monuments;

cultural heritage sites — tangible and intangible cultural heritage sites;

tangible cultural heritage sites — ensembles, sites of interest, and monuments possessing historical, scientific, artistic or other cultural value;

intangible cultural heritage sites — traditions, folklore (oral, dance, music, performing arts), as well as knowledge, skills, tools, artifacts, and cultural spaces related thereto, including those associated with folk crafts and applied arts, possessing historical, scientific, artistic or other cultural value.

Article 4. Categories of Tangible Cultural Heritage Sites

Tangible cultural heritage sites shall be divided into the following categories:

tangible cultural heritage sites of national significance possessing historical, scientific, architectural, artistic and memorial value of particular importance for the history and culture of the entire country;

tangible cultural heritage sites of local significance possessing historical, scientific, architectural, artistic and memorial value of particular importance for the history and culture of a region, district or city.

II. State Administration in the Field of Protection and Use of Cultural Heritage Sites

Article 5. State Administration Bodies in the Field of Protection and Use of Cultural Heritage Sites

State administration in the field of protection and use of cultural heritage sites shall be carried out by the Cabinet of Ministers of the Republic of Uzbekistan, the Ministry of Culture of the Republic of Uzbekistan, the Ozarkhiv Agency under the Cabinet of Ministers of the Republic of Uzbekistan, and local state authorities.

Article 6. Competence of the Cabinet of Ministers of the Republic of Uzbekistan in the Field of Protection and Use of Cultural Heritage Sites

The Cabinet of Ministers of the Republic of Uzbekistan shall:

implement the main directions of state policy in the field of protection and use of cultural heritage sites;

shall approve state programs on the protection, preservation, promotion and use of cultural heritage sites;

shall establish the procedure for maintaining the State Cadastre of Tangible Cultural Heritage Sites and the Register of Intangible Cultural Heritage Sites;

shall determine the procedure for state control over the protection, preservation and use of cultural heritage sites;

shall approve the procedures for the use of the territories and protection zones of tangible cultural heritage sites of national significance including those inscribed on the World Heritage List;

shall establish the procedure for the creation and preservation of historical and cultural reserves museum-reserves and historical settlements;

shall determine the procedure for conducting historical and cultural expert examinations of cultural heritage sites;

shall exercise other powers in accordance with legislation.

Article 7. Competence of the Ministry of Culture of the Republic of Uzbekistan in the Field of Protection and Use of Cultural Heritage Sites

The Ministry of Culture of the Republic of Uzbekistan shall:

exercise state control over compliance by legal entities and individuals with legislation on the protection and use of cultural heritage sites;

shall participate in the development and implementation of state programs on the protection preservation promotion and use of cultural heritage sites;

shall implement state programs for scientific and scientific-technical research conservation restoration and adaptation for modern use of tangible cultural heritage sites;

shall ensure the identification registration protection promotion and use of cultural heritage sites;

shall coordinate the activities of state administration bodies on matters related to the protection and use of cultural heritage sites;

shall maintain the State Cadastre of Tangible Cultural Heritage Sites and the Register of Intangible Cultural Heritage Sites;

shall organize and conduct historical and cultural expert examinations of cultural heritage sites;

shall exercise other powers in accordance with legislation.

Article 8. Powers of the “Ozarkhiv” Agency under the Cabinet of Ministers of the Republic of Uzbekistan in the field of protection and use of cultural heritage sites

The “Uzarkhiv” Agency under the Cabinet of Ministers of the Republic of Uzbekistan, within the scope of its powers, ensures the registration, preservation, and use of documentary cultural heritage sites kept in the National Archival Fund of the Republic of Uzbekistan.

Article 9. Powers of local state authorities in the field of protection and use of cultural heritage sites

Local state authorities, within the scope of their powers, identify and register cultural heritage sites located in their territories, preserve and safeguard them, and ensure their use. They also ensure the implementation of legislation on the protection and use of cultural heritage sites, and involve citizensʼ self-government bodies and public associations in organizing measures for the protection, preservation, promotion, and use of cultural heritage sites.

Article 10. Ensuring the state protection of cultural heritage sites

State protection of cultural heritage sites is a system of legal, organizational, financial, informational, material-technical, and other measures undertaken by state bodies responsible for the protection and use of cultural heritage sites.

State protection of cultural heritage sites includes:

registration of sites of historical and cultural value in the State register, and maintenance of the State Cadastre of Tangible Cultural Heritage Sites and the Register of Intangible Cultural Heritage Sites;

development of scientific and scientific-technical research of cultural heritage sites;

conducting historical and cultural expertise of cultural heritage sites;

development of projects for the protection boundaries of tangible cultural heritage sites;

granting permits for excavation, land management, construction, reclamation, economic activities and other works, as well as conservation works and scientific research on sites of tangible cultural heritage;

establishing the boundaries of urban planning activities subject to special regulation in connection with the protection of tangible cultural heritage sites;

installation of protection signs on cultural heritage sites;

carrying out monitoring of the condition of cultural heritage sites.

State protection of cultural heritage sites may also be ensured through other measures in accordance with legislation.

Article 11. State Cadastre of Tangible Cultural Heritage Sites and the Register of Intangible Cultural Heritage Sites

The State Cadastre of Tangible Cultural Heritage Sites is an integral part of the Unified System of State Cadastres and consists of a system of regularly updated data and documents regarding the geographical location, legal status, quantitative and qualitative characteristics, and value of tangible cultural heritage sites.

The maintenance of the State Cadastre of Tangible Cultural Heritage Sites includes the following:

state registration of ownership rights and other rights to tangible cultural heritage sites;

accounting for the quantitative and qualitative characteristics of tangible cultural heritage sites;

qualitative and value assessment of tangible cultural heritage sites;

systematization, storage, and updating of cadastral information;

preparation of reports on the condition of tangible cultural heritage sites;

provision of relevant information for inclusion in the Unified System of State Cadastres;

provision of cadastral information to users in the manner prescribed by law.

The Register of Intangible Cultural Heritage Sites consists of a registration document containing regularly updated information on intangible cultural heritage sites.

The maintenance of the Register of Intangible Cultural Heritage Sites includes the following:

identification of the intangible cultural heritage site;

classification of the branches, directions, genres, and styles of the relevant intangible cultural heritage sites;

indication of individuals and groups who permanently revive intangible cultural heritage sites;

systematization, storage, and updating of information;

determination of the qualitative state of intangible cultural heritage sites and preparation of reports based on the results.

The procedure for maintaining the State Cadastre of Tangible Cultural Heritage Sites and the Register of Intangible Cultural Heritage Sites is determined by the Cabinet of Ministers of the Republic of Uzbekistan.

Article 12. Inclusion of a cultural heritage site in the State Cadastre of Tangible Cultural Heritage Sites or the Register of Intangible Cultural Heritage Sites

The inclusion of sites of historical and cultural value in the State Cadastre of Tangible Cultural Heritage Sites or in the Register of Intangible Cultural Heritage Sites shall be carried out by the Ministry of Culture of the Republic of Uzbekistan on the basis of proposals from local state authorities, as well as legal entities and individuals.

From the day on which an expert conclusion on the advisability of inclusion is issued, sites of historical and cultural value shall be considered as identified cultural heritage sites.

Archaeological monuments shall be included among identified tangible cultural heritage sites from the moment of their discovery.

Newly identified tangible cultural heritage sites of historical, scientific, artistic, or other cultural value must be preserved in accordance with the requirements of this Law until a decision on their inclusion in the State Cadastre of Tangible Cultural Heritage Sites is made.

The Ministry of Culture of the Republic of Uzbekistan must notify the owner of an identified tangible cultural heritage site within thirty days from the date on which the decision on its inclusion in the State Cadastre of Tangible Cultural Heritage Sites is adopted.

Article 13. Passport of a tangible cultural heritage site

For a tangible cultural heritage site included in the State Cadastre of Tangible Cultural Heritage Sites, a passport of the tangible cultural heritage site shall be issued, containing information on the measures for its protection and the characteristics of the site.

Article 14. Exclusion of a tangible cultural heritage site from the State Cadastre of Tangible Cultural Heritage Sites

Exclusion of a tangible cultural heritage site from the State Cadastre of Tangible Cultural Heritage Sites shall be carried out by the Ministry of Culture of the Republic of Uzbekistan on the basis of an expert conclusion, if the site has been completely destroyed or has lost its value as a tangible cultural heritage site.

The decision on the exclusion of a tangible cultural heritage site from the State Cadastre shall be published in the mass media.

Article 15. Historical and cultural expertise of cultural heritage sites

Historical and cultural expertise of cultural heritage sites shall be conducted for the following purposes:

to substantiate the inclusion of a cultural heritage site in the State Cadastre of Tangible Cultural Heritage Sites or the Register of Intangible Cultural Heritage Sites;

to determine the category of a tangible cultural heritage site;

to substantiate the change of category of a tangible cultural heritage site;

to justify the exclusion of a tangible cultural heritage site from the State Cadastre of Tangible Cultural Heritage Sites;

to verify the compliance of projects of protection boundaries of tangible cultural heritage sites with urban planning and design documentation, as well as with the requirements for the preservation of tangible cultural heritage sites in connection with planned excavation, land management, construction, reclamation, economic and other works.

Historical and cultural expertise of cultural heritage sites shall be organized and carried out by the Ministry of Culture of the Republic of Uzbekistan.

Article 16. Sites of historical and cultural expertise

The sites of historical and cultural expertise shall include:

land plots to be developed for economic purposes, if tangible cultural heritage sites are located on them;

materials substantiating the inclusion of cultural heritage sites in the State Cadastre of Tangible Cultural Heritage Sites or the Register of Intangible Cultural Heritage Sites;

materials substantiating the exclusion of tangible cultural heritage sites from the State Cadastre of Tangible Cultural Heritage Sites;

materials substantiating the determination or change of the category of a tangible cultural heritage site,

urban planning and project documentation in cases provided for by this Law;

documents substantiating excavation, land management, construction, reclamation, economic and other works that may directly or indirectly affect tangible cultural heritage sites.

Article 17. Protection zones of tangible cultural heritage sites

In order to preserve the inalterable unique features of a tangible cultural heritage site and its historical environment, the following shall be established in the adjacent territory protection zones zones regulating construction and economic activities, zones of protected natural landscape.

The boundaries of protection zones, zones regulating construction and economic activities, and zones of protected natural landscape, as well as the rules for their preservation, shall be established by the Cabinet of Ministers of the Republic of Uzbekistan.

Article 18. Supervision over the condition of cultural heritage sites

The Ministry of Culture of the Republic of Uzbekistan and local government bodies shall monitor the status of cultural heritage objects included in the State Cadastre of Tangible Cultural Heritage Objects or the Register of Intangible Cultural Heritage Objects. Furthermore, for the purpose of developing current and long-term programs for the preservation of tangible cultural heritage objects, they are required to conduct an inspection of the status of such objects and record them once every five years.

Article 19. Inclusion of cultural heritage sites in the World Heritage List or in the Representative List of the Intangible Cultural Heritage of Humanity

Cultural heritage sites of outstanding universal value from the point of view of history, art, science, aesthetics, ethnology, or anthropology may be included among the sites of world cultural heritage through their inclusion in the World Heritage List or in the Representative List of the Intangible Cultural Heritage of Humanity, in accordance with the Convention concerning the Protection of the World Cultural and Natural Heritage and the International Convention for the Safeguarding of the Intangible Cultural Heritage.

On the basis of the conclusion of historical and cultural expertise, proposals on the inclusion of cultural heritage sites in the World Heritage List or in the Representative List of the Intangible Cultural Heritage of Humanity, together with the documentation prepared in accordance with the requirements of the UNESCO World Heritage Committee and the Intergovernmental Committee for the Safeguarding of the Intangible Cultural Heritage, shall be submitted by legal and natural persons to the National Commission of the Republic of Uzbekistan for UNESCO.

IV. Protection of cultural heritage sites

Article 20. Measures for the protection of cultural heritage sites

Measures for the protection of tangible cultural heritage sites include their conservation, maintenance, restoration, adaptation for modern use, as well as related scientific and technical research, design, and production work.

Conservation of a tangible cultural heritage site is a set of scientific and technical research, design, and production works carried out in order to preserve the site in its existing condition and prevent its deterioration.

Maintenance of a tangible cultural heritage site is a set of scientific and technical research, design, and production activities carried out to preserve the site in usable condition without altering the features that constitute its protection value.

Restoration of a tangible cultural heritage site is a set of scientific and technical research, design, and production activities carried out to identify and preserve its historical and aesthetic value and ensure its integrity.

Adaptation of a tangible cultural heritage site for modern use is a set of scientific and technical research, design, and production activities carried out to create conditions for its modern use without altering its historical and artistic value, based on the restoration of its historically and culturally significant elements.

Measures for the protection of intangible cultural heritage sites include scientific and technical research, documentation, promotion, and encouragement.

Work related to the protection of tangible cultural heritage sites shall be carried out on the basis of a permit issued by the Ministry of Culture of the Republic of Uzbekistan.

Article 21. Restoration of lost cultural heritage sites

A lost tangible cultural heritage site shall be restored to its original state through restoration methods if it possesses particular historical, scientific, artistic, urban planning, or other social significance.

A lost intangible cultural heritage site shall be restored to its original state through scientific and technical research and restoration methods if it possesses particular historical, scientific, artistic, or other social significance.

The decision to restore a lost cultural heritage site at the expense of the State Budget of the Republic of Uzbekistan shall be adopted by the Cabinet of Ministers of the Republic of Uzbekistan on the basis of a submission from the Ministry of Culture, which relies on the conclusion of the historical and cultural expertise of cultural heritage sites, taking into account the opinions of interested bodies and organizations.

Article 22. Archaeological research

Archaeological research (excavation and exploration) shall only be permitted if authorized by the Ministry of Culture of the Republic of Uzbekistan based on a submission from the Academy of Sciences of the Republic of Uzbekistan.

Persons conducting archaeological research are obliged to ensure the initial conservation and protection of the sites.

Upon completion of excavation and exploration works, but before the expiration of the permit, persons conducting archaeological research must submit a report to the Ministry of Culture of the Republic of Uzbekistan and hand over to the state, in accordance with the established procedure, the items discovered during excavations and explorations that possess historical, scientific, cultural, or other value.

V. Ownership, use, and disposal of tangible cultural heritage sites

Article 23. Specific features of ownership, use, and disposal of tangible cultural heritage sites

The owner of a tangible cultural heritage site shall bear the responsibility of preserving it, taking into account its historical, cultural, or scientific significance, and recognizing that the loss of such a site cannot be compensated.

Owners of land plots on which tangible cultural heritage sites are located may also be obliged to preserve such sites and fulfill other responsibilities in accordance with the legislation.

Lease of a tangible cultural heritage site shall be carried out on the basis of a lease agreement, which must include the requirements for the preservation of the site.

Tangible cultural heritage sites owned by the State may not be alienated or transferred to private ownership.

Article 24. Use of tangible cultural heritage sites

Owners of tangible cultural heritage sites, whether legal entities or individuals, shall:

preserve the external and internal appearance of the site in accordance with the protection provisions recorded in the passport of the tangible cultural heritage site;

obtain permission from the Ministry of Culture of the Republic of Uzbekistan to carry out excavation, land management, construction, reclamation, economic activities, or other works on the land where tangible cultural heritage sites are located and in adjacent areas;

ensure compliance with the rules for the preservation of specially protected historical and cultural territories;

guarantee the preservation of the site while fulfilling the requirements for its accessibility to the public, under conditions determined by the owner of the tangible cultural heritage site.

Article 25. Restrictions on the rights of use of tangible cultural heritage sites

The conditions for the use of a tangible cultural heritage site may be restricted by the Ministry of Culture of the Republic of Uzbekistan to the extent necessary to ensure the preservation, protection, promotion, and proper use of the site and its surrounding natural environment, as well as to safeguard the rights and legitimate interests of individuals, legal entities, and the State.

The right to use a tangible cultural heritage site in private ownership may be restricted by a court decision in cases provided for by law.

If the circumstances or conditions that necessitated the restriction on the use of a tangible cultural heritage site are eliminated, the right to use the site shall be fully restored.

Article 26. Termination of property rights to tangible cultural heritage sites

Property rights to a tangible cultural heritage site may be terminated in accordance with the law.

A tangible cultural heritage site in private ownership may be expropriated from its owner by a court decision in cases and procedures established by law.

Tangible cultural heritage sites in common ownership and the land plots that constitute their integral parts shall not be divisible.

Article 27. Gratuitous use of tangible cultural heritage sites in state ownership

A tangible cultural heritage site in state ownership may be granted for gratuitous use under an agreement to:

public associations engaged in the preservation of tangible cultural heritage sites;

childrenʼs public associations;

public associations of persons with disabilities;

religious organizations.

The agreement on gratuitous use of a tangible cultural heritage site shall be concluded in accordance with the procedure established by law and must include requirements for the preservation of the site.

Article 28. Termination of the right to use tangible cultural heritage sites

The right to use a tangible cultural heritage site shall be terminated in accordance with the law in the following cases:

upon the voluntary refusal of the user to exercise the right of use after the expiration of the gratuitous use agreement or lease term;

upon the death of the user who is a natural person;

upon the liquidation of the user who is a legal entity;

where the user intentionally causes damage to the tangible cultural heritage site;

where the land plot on which the tangible cultural heritage site is located is expropriated for public needs.

The right to use tangible cultural heritage sites may also be terminated in other cases provided by law.

VI. Specially protected historical and cultural areas

Article 29. Establishment of Specially Protected Historical and Cultural Areas

Specially protected historical and cultural areas may be established within the territory of tangible cultural heritage sites included in the State Cadastre and possessing unique historical, scientific, artistic, or other cultural value.

Such areas may be created in the form of historical and cultural reserves, museum-reserves, historical settlements, or in other forms in accordance with the law.

The procedure for establishing and preserving specially protected historical and cultural areas shall be determined by the Cabinet of Ministers of the Republic of Uzbekistan.

Article 30. Historical and Cultural Reserves

A site of interest, or part of it, along with the monuments and ensembles located in its vicinity, shall be considered a historical and cultural reserve where a special regime is established. This regime ensures the preservation of tangible cultural heritage sites together with the historical environment surrounding them, the integrity of the reserve, as well as regulation of construction and economic activities within its boundaries.

If museums are created within the tangible cultural heritage sites included in the reserve and its associated natural landscape, or if it becomes necessary to restore traditional economic or other activities that previously existed in the territory, the historical and cultural reserve shall be considered a museum-reserve.

Article 31. Boundaries of Historical and Cultural Reserves and Museum-Reserves

The boundaries of historical and cultural reserves and museum-reserves shall be determined by the Ministry of Culture of the Republic of Uzbekistan on the basis of historical and cultural plans and/or other materials substantiating the proposed borders of the reserve or museum-reserve.

The boundary of a historical and cultural reserve or museum-reserve may not coincide with the boundary of the site of interest itself.

Article 32. Historical Settlements

A historical settlement shall be understood as a locality where tangible cultural heritage sites created in the past, possessing historical, aesthetic, socio-cultural, archaeological, architectural, or urban planning value, and important for preserving the identity of the people and their contribution to world culture, are situated.

Within a historical settlement, all sites possessing historical value as a part of the city must be preserved, including: planning layout, buildings, compositions, natural landscapes, archaeological layers, the ratio of different areas (vacant land, constructed areas, green zones), perspectives of varying scales, fragments and ruins of urban development, courtyards, scale, structure, style, materials, colors, and decorative elements distinguishing buildings and structures by their form and external appearance.

The harmony between naturally formed and man-made landscapes, the characteristics that developed during the evolution of the settlement, as well as other valuable elements must also be preserved.

Article 33. Specific Features of Regulating Urban Planning, Economic and Other Activities in Historical Settlements

Urban planning, economic, and other activities within the boundaries of a historical settlement shall be carried out only on the condition that tangible cultural heritage sites and other valuable features of the settlement are preserved.

In order to protect tangible cultural heritage sites, as well as other sites of historical, cultural, or natural value, a special procedure for regulating urban planning in historical settlements shall be established in accordance with the law.

This special procedure shall include a consistent and interrelated system of measures for the protection of cultural heritage sites, carried out under the supervision of the relevant state authority in charge of cultural heritage protection and the state authority in charge of regulating architectural and urban planning activities. It shall also include the development of a historical and cultural master plan based on historical-architectural, historical-urban planning, archival, and archaeological research, substantiating all urban planning elements and structures that demonstrate both the preserved and lost stages of the settlementʼs development, restrictions and prohibitions regarding building sizes and proportions, parking areas, advertisements and signage, and other limitations necessary for the preservation of tangible cultural heritage sites.

VII. Final provisions

Article 34. Financing the Protection and Use of Cultural Heritage Sites

The sources of financing activities related to state protection of cultural heritage sites shall be the State Budget of the Republic of Uzbekistan and off-budgetary funds.

The protection and use of tangible cultural heritage sites owned by legal and natural persons shall be financed by their owners and users.

Funds received from leasing cultural heritage sites, providing services, voluntary contributions, and donations from legal and natural persons shall, in accordance with the law, be allocated for the protection, preservation, and promotion of tangible cultural heritage sites, as well as for the material stimulation of employees engaged in their protection and use.

Article 35. Settlement of Disputes

Disputes arising regarding the protection and use of cultural heritage sites shall be resolved in accordance with the procedure established by law.

Article 36. Liability for Violation of Legislation on the Protection and Use of Cultural Heritage Sites

Persons guilty of violating the legislation on the protection and use of cultural heritage sites shall be held liable in the manner prescribed by law.

President of the Republic of Uzbekistan I. KARIMOV

Tashkent,

August 30, 2001

No. 269-II