On culture

 
(Statements of the Mejlis of Turkmenistan, 2010, no. 1, item 16) the present law regulates the social relations in the sphere of creation, revival, preservation, development, dissemination and use of culture of the people of Turkmenistan; aimed at the promotion and protection of the constitutional rights of citizens of Turkmenistan to take part in cultural life and access to cultural values; establishes the legal, economic, social and institutional foundations of State policy in the field of culture.
 


Chapter i. General provisions

 
Article 1. The basic concepts used in this law, the Act uses the following concepts: culture − the combination of material and spiritual values created and created humanity and aimed at the harmonious development of the personality, upbringing, formation of high moral and spiritual and moral qualities satisfy aesthetic needs and interests of citizens of Turkmenistan;
cultural property − moral and aesthetic ideals, norms and patterns of behavior, languages, dialects and subdialects, national and ethnic traditions and customs, historical toponyms, folklore, folk handicrafts, works of literature and art, the results and methods of research activities in the field of culture (values), as well as having historical and cultural significance of buildings, structures, objects and technologies, unique in historical and cultural territory and objects (assets);
the art − reproduction of reality in artistic images through such varieties of human activities as literature, painting, drawing, sculpture, design, architecture, decorative arts, music, song, dance, theatre, circus, film, television, and others;
the cultural heritage of the Turkmen people − cultural values created in the past and represent the aesthetic value, socio-cultural, historical, archaeological, architectural and other viewpoints relevant to the preservation and development of national cultural identity of Turkmen people;
national cultural heritage of Turkmenistan − cultural values that are particularly important for the history and culture of the country, exclusive to Turkmenistan, without the right to transfer them to other States;
State Register of national cultural heritage of Turkmenistan − list of cultural property belonging to the national cultural heritage;
special treatment of national cultural property − measures taken by the State for the conservation, maintenance, restoration, protection and use of objects of cultural heritage;
cultural activities − activity of State bodies, businesses and individuals to create, revival, preservation, promotion, dissemination and use of cultural property, as well as the involvement of citizens to them;
organization culture − legal persons (enterprises, institutions, organizations) created in accordance with the legislation of Turkmenistan, the main purpose of which is to carry out activities in the field of culture;
employee culture − a natural person whose professional activity is connected with the creation, preservation, development, dissemination, and use of cultural property, as well as access to them citizens;
creative worker − an individual creative activity at a professional or non-professional (amateur);
creative activities − type of cultural activities associated with the creation of cultural values and (or) their interpretation.
 


Article 2. Turkmen legislation on culture and its tasks

 
1. the legislation of Turkmenistan on culture is based on the Constitution and consists of this law and other normative legal acts of Turkmenistan, governing in the sphere of culture.
2. If the international treaties to which Turkmenistan is a party stipulates other rules than those contained in this Act, the rules of the international treaty shall apply.
3. The objectives of the legislation of Turkmenistan on culture are: 1) the promotion and protection of the constitutional rights of citizens of Turkmenistan in the field of culture;
2) definition of the principles of the State policy in the field of culture;  
3) free access of citizens to cultural values;
4) define principles and legal norms regulating the relations of the subjects of cultural activities;
5) creating a legal framework for the preservation and development of culture of the people of Turkmenistan and the legal basis of State support for culture.
 
Article 3. The scope of the legislation on culture 1. This law regulates cultural activities in the following areas: − the preservation, revival, the use, promotion and public protection of objects of cultural heritage of the Turkmen people;
-literature, theatre, music, Visual and circus art, architecture and design, photographic art, other types and genres of art;
-tv, movies, radio and other audiovisual tools to create and disseminate cultural values;
-folk art, folklore Club;
-folk art crafts and handicrafts;

-preservation, study and presentation of exhibits and museum collections, book monuments of archival documents;
-development, maintenance and use of library collections and other information resources, finding application in librarianship;
-production of materials, equipment and other means necessary for the conservation, creation, distribution and development of cultural values;
-aesthetic education, artistic and musical education, teaching, research and international cultural relations and exchanges;
other areas in which are stored, created, distributed and developed cultural values.
2. relations in the field of culture, related to the implementation and protection of intellectual property rights, copyright and related rights are governed by other normative legal acts of Turkmenistan.
 


Article 4. Principles of State policy in the field of culture

 
Principles of State policy in the field of culture are as follows: 1) State support for culture, the promotion and protection of the rights of citizens of Turkmenistan to carry out activities in the field of culture and participation in cultural life;
2) revival and development of national culture of Turkmenistan;
3) accessibility of cultural values and all kinds of services in the field of culture;
4) artistic freedom of citizens at both the professional and non-professional (amateur) basis in accordance with their interests and abilities;
5) equality of rights and opportunities of the citizens in the establishment, revival, preservation, development, dissemination and use of cultural values;
6) spiritually-moral education of the individual through the use of cultural values;
7) preservation of national historical and cultural heritage;
8) inclusion of young people to the spiritual and moral values of national and world culture through education;
9) development of cultural ties with compatriots living abroad, to preserve the integrity and enrichment of the national culture of Turkmenistan;
10) promotion of international relations in the field of culture;
11) promotion of cultural organizations in shaping favorable Wednesday for their operation in market conditions.
 
Article 5. The State guarantees the rights and freedoms of citizens in the field of culture 1. The State guarantees citizens irrespective of nationality, race, sex, origin, property and official status, place of residence, language, attitude to religion, political beliefs, party affiliation or lack of affiliation with any party the right to participate in cultural activities, use of the organisations culture access to cultural materials in public institutions of culture.
2. the State guarantees citizens the right to all kinds of creative activities in accordance with their interests and abilities, to free choice of moral, aesthetic and other values, the protection of their cultural identity.
A citizen's right to engage in creative activities can be carried out both on a professional and non-professional (amateur) basis.
3. the State creates conditions for citizens to exercise their right to education in the field of culture by creating a system of educational institutions, vocational, secondary vocational, higher and postgraduate vocational education training in the sphere of culture, as well as other institutions of education, music, art, dance and other schools (centers) of the arts for children and adults.
4. the State provides citizens with the right to establish enterprises, institutions and organizations for the production, reproduction, dissemination, preservation of cultural values in the order established by the legislation of Turkmenistan.
Citizens have the right to form associations, creative unions and other public associations in the field of culture, in the manner determined by the law of Turkmenistan on public associations.
5. Citizens have the right to export outside the country cultural values to display, public performance, for the implementation of restoration and research, in other cases, as well as for the purpose of sale in the order established by the legislation of Turkmenistan.
6. the State guarantees the right to preserve and develop the national cultural identity of other peoples living in the territory of Turkmenistan.
7. The State guarantees the legal protection of citizens against unlawful interference in their creative activity.
8. the State promotes the cultural heritage of the people of Turkmenistan by the media and cultural organizations.
 
Chapter II. Cultural values and national cultural heritage of Turkmenistan Article 6. Cultural values to the cultural values are: 1) the archaeological remains and archaeological discoveries;
2) collectible materials and objects, including ancient coins, decorations, medals, seals;
3) works of literature and art, including paintings, drawings, engravings, prints, lithographs, sculptural works, folklore and composers ' works, piano scores, scores, theatre plays and circus performances, scripts, works of cinema, television and radio;

4) works of decorative and applied arts and crafts, including vintage carpets, mats, national products made of gold, silver, precious metals and other materials, patterns, embroidery, which preserved vintage ornaments, and artistic works;
5) design and architectural projects;
6) vintage (rare) manuscripts, autographs, historical documents, meetings, letters and books, publications and their collections;
7) architectural monuments, memorials and burials, as well as parks and natural-landscape objects associated with the life of the prominent domestic and foreign artists or major historical events and outstanding State and public figures;
8) philatelic materials, including stamps, singly or in collections;
9) vintage and unique musical instruments;
10) archives, Archival Fonds and collections, including audio-, photo-, video-, film-(radio, television) archives, as well as scientific and technical documentation;
11) ethnographic, ethnological and anthropological materials;
12) rare collections and specimens of fauna and flora, mineralogy, Anatomy, and objects of palaeontological interest;
13) other values with historical, artistic, scientific, or cultural value, as well as State protected as monuments of history and culture.
 
Article 7. Registration of cultural property 1. Account of cultural values in the State Register of national cultural heritage objects of Turkmenistan and lists of cultural values.
When you post the cultural value of record information: origin, owner, description, value and degree of protection. Based on this information, the owner of cultural value shall be issued a certificate.
The accounting procedure for State cultural property approved by the Cabinet of Ministers of Turkmenistan.
2. Identify, taking into account and protection of cultural property in public libraries, museums and archives, regardless of their departmental affiliation, engage in these institutions.
These institutions are required to submit information to the relevant executive authorities for inclusion in the State Register of national cultural heritage of Turkmenistan and security checklists cultural treasures.
3. the value of the cultural property, the degree of protection and the ability to export outside the country shall be determined by the authorized body of State administration in the field of culture by examination in the manner prescribed by the legislation of Turkmenistan.
 
Article 8. Degree of protection of cultural property 1. The protection of cultural property has a provisional, conservative, restoration and special degree.
2. provisional protection applies to objects of the natural landscape, archaeological and architectural sites, as well as the works of monumental art to establish the historical significance and value of these objects. Without approval from the relevant authorized bodies of State power and administration prohibited the demolition, destruction, data section of cultural values, add them to the new buildings, moving to other places and changing their appearance.
3. degree of protection relates to gun conserving cultural values to be fully removed from use or limited use, under the supervision of the relevant authorized bodies of State power and administration. This protection extends to the manuscripts, rare archival documents, rare books, nature reserves and other cultural values.
4. Restoration protection extends to cultural values, in need of restoration works for the return of their primary cultural value. Before applying restorative degree of protection in respect of an object can be installed gun conserving degree of protection.
5. Special protection applies to objects of national cultural heritage, included in the State Register of national cultural heritage.
6. relations between the owners or users of cultural values, with the degree of protection and the relevant authorized bodies of State power and management are determined by security treaties. Cultural values, not having a degree of protection to be used freely.
Degree of protection of cultural values are not applicable for the duration of the copyright.
 
Article 9. List of protected cultural property in order to protect important cultural values of local executive authorities are protected list of cultural values of the territory concerned (city, etrap).
The inclusion of cultural value in the specified list or its free use permit is considered on the basis of statements by its owner, users, libraries, museums, archives, in accordance with the legislation of Turkmenistan.
 
Article 10. State Register of national cultural heritage of Turkmenistan 1. In order to preserve the cultural heritage objects, referred to in article 6 of this law, with a particular value, are entered in the State Register of national cultural heritage.

2. Local executive bodies, as well as research institutions engaged in the study of monuments (historical, archaeological, architectural and other), must submit to the competent body of State administration in the field of culture, information about the objects to be included in the State Register of national cultural heritage. As new objects and objects appear to be new information with the necessary information.
3. the State Register of national cultural heritage in Turkmenistan is carried out by the authorized State body, as determined by the Cabinet of Ministers of Turkmenistan.
4. the application of the legal and (or) physical persons on the inclusion of objects in the State Register of national cultural heritage of Turkmenistan is required to review the State authorized body of Turkmenistan. The filing of these motions is the reason for the giving of such objects of a special regime of use to address the issue on the merits, but not more than two months.
 
Article 11. Special treatment of national cultural heritage 1. Destroy, move, modify, reproduce or recover objects of national cultural heritage, introduced into the State Register of national cultural heritage of Turkmenistan are not permitted without special permission from the authorized body of State administration in the field of culture, which is issued on the basis of the recommendations of the Commission of Experts created them for each specific object.
2. Collection or collections of items in the set of particular artistic or historic interest, cannot be separated.
3. in order to ensure the protection of the historical, archeological, architectural, architectural and monumental artistic monuments, objects of natural landscape protected areas are established, the procedure which is established by the Cabinet of Ministers of Turkmenistan.
The archaeological excavations and archaeological search, repair, restoration and conservation work in respect of cultural property are carried out in the manner prescribed by the legislation of Turkmenistan.
4. it is not allowed to use the objects of national cultural heritage of Turkmenistan in any manner inconsistent with their historical, artistic and religious purpose.
Items belonging to the religious-cult organizations and are objects of national cultural heritage, can be used according to their religious purposes.
Cultural property without the consent of their owner or user, and cultural values for religious purposes-without the consent of the respective religious structures cannot be copied, as well as used in the tourist, excursion and promotional purposes.
5. Responsibility for the proper maintenance of status and preservation of the national cultural heritage of Turkmenistan are entrusted to their users or owners.
In the absence of the owners or users of material or other opportunities for content object of national cultural heritage of Turkmenistan authorized government authority in the field of culture is organizing the sale of cultural value. As a buyer can serve legal and (or) a natural person having the ability to content of a cultural object or the cultural values of justiciability are turning to State property on a reimbursable basis.
6. When selling cultural property of special importance, located in the non-State property, the priority right to purchase them are owned by the State in the manner prescribed by the legislation of Turkmenistan.
7. Cultural values found under the ground and water, construction, natural objects confiscated in cases stipulated by the legislation of Turkmenistan, and having no heirs and owners move in the order established by the legislation in State ownership.
8. national cultural heritage Objects of Turkmenistan, State-owned, are not subject to privatization.
9. For the wilful destruction, the destruction of or damage to objects of national cultural heritage of Turkmenistan the legal and physical persons bear responsibility in the manner prescribed by the legislation of Turkmenistan.
10. A special regime of national cultural heritage objects of Turkmenistan does not apply to copyright and related rights.
 
Article 12. Export and import of cultural property 1. Export from Turkmenistan and the import into its territory of cultural property shall be made in the manner prescribed by the legislation of Turkmenistan.
2. The export of objects of national cultural heritage abroad is forbidden, except in cases of temporary expositions, tour activities, restoration and research, presentations, exhibitions and conducting international cultural events, as well as other cases stipulated by the legislation of Turkmenistan.
3. the rules of the exportation and importation of cultural property also apply to the objects created on the territory of Turkmenistan of foreign nationals and stateless persons.

4. the temporary export of cultural values, as well as their return are carried out on the basis of the examination carried out by the relevant expert Commission on export and import of cultural property.
5. Cultural treasures illegally exported abroad and (or) vvezënnye illegally on its territory are subject to compulsory return. When the returned illegally exported cultural property, as well as confiscated by court order shall be returned to the State museums.
 
Chapter III. Organization Culture Article 13. Organization culture and their special status 1. Creation, reorganization and liquidation of cultural organisations is manufactured in the manner prescribed by the legislation of Turkmenistan.
2. the activities of cultural organisations are defined by their founders and is reflected in their statutes.
3. the culture of ownership can be public, private or other, in accordance with the legislation of Turkmenistan on the property.
4. public cultural organisations are not subject to privatization.
5. Public institutions of culture, individual professional artistic and creative groups, whose activities are in the field of culture, particular public and social significance can be given the status of "national".
The procedure and conditions for the attribution of the status of "national" shall be approved by the President of Turkmenistan.
6. the public organizations of culture, individual professional artistic and creative teams that are leading in its field, for his significant contribution to the formation, development and promotion of national culture and arts are assigned the status of "Academic".
The procedure and conditions for the attribution of the status of "Academic" approved by the President of Turkmenistan.
7. Collectives of amateur performances for his significant contribution to the formation, development and promotion of national culture and arts are assigned the title "national".
The procedure and conditions for the attribution of the title of "people's" approved by the President of Turkmenistan.
 
Article 14. System of cultural organisations in cultural organizations include: 1) theatrical-concert:-Opera, Ballet, drama, musical comedy, musical drama, young audience, puppet and other theatres;
-Philharmonic, concert saloons and palaces, music halls, circuses, folklore groups, professional orchestras and musical groups, recording studio;
-theatres-theatres-Studio workshops, experimental and educational theater and theatrical and musical arts;
2) library: National Library;
-public, youth, children's libraries;
-branch libraries, research libraries;
-regional, district, city, village and township libraries;
Library for the blind and deaf;
3) Museum: art museums and art museums, historical and regional museums;
-museums of literature, theatrical and musical profile, memorial museums, museums of memory;
-museums-reserves;
-branch museums;
-public and school museums;
4) art galleries and exhibition halls, centres of fine art;
5) zoos, aquariums, planetariums, botanical gardens;
6) archives of cultural and historical profile;
7) recreational institutions:-City, district, village and town houses of culture;
-parks and recreation, leisure centres;
8) educational institutions:-the establishment of initial vocational, secondary vocational, higher and postgraduate vocational education in the field of culture;
-children's School of Arts and the arts;
-music, art, dance and other arts centers for adults;
-refresher courses;
9) scientific, methodical:-scientific research institutes and centres in the field of culture;
-scientific-methodical centers for culture, Museum business, methodical cabinets in music education, research centers of the restoration of Museum valuables;
10) to promote and disseminate culture:-publishing houses, newspapers and magazines;
-cinema, film studios, tv and radio broadcasting;
-the Organization of dissemination, acquisition and transfer of foreign as well as mass demonstration of films and video recordings;
-cultural information centres and others.
 
Article 15. Paid activities and business activities of cultural organisations 1. A non-profit organization of culture has the right to provide services and sell products produced by it, if it is provided by the founding documents of this organization and is complementary.
2. Free access to cultural organizations, State-owned, and financing related costs, shall be determined as prescribed by the Cabinet of Ministers of Turkmenistan.
3. State Organization of culture has the right to conduct business in the manner prescribed by the legislation of Turkmenistan.
4. paid types of cultural activities of public cultural organizations are not considered to be entrepreneurial, if income from them is their development and improvement.

Non-profit cultural organizations for the implementation of the Charter of the manufactured products and services refers to the business only to the extent that the resulting income from this activity is not invested directly in the Organization to the needs of security, development and improvement of the main statutory activities.
 
Article 16. The relationship of cultural organisations to physical and legal persons 1. Cultural organisations have the exclusive right to use their own symbols (and other names, trademark, logo) for advertising and other purposes, and to authorize such use to other businesses and individuals on a contract basis.
Enterprises, institutions and organizations may produce and market products (including advertising) with picture (playback) objects of culture and cultural and natural heritage, cultural figures in the presence of an official permit issued in accordance with the established procedure.
The fee for using this image is established on the basis of the Treaty. Persons using these images without permission, bear responsibility in the manner prescribed by the legislation of Turkmenistan.
2. Legal and natural persons implementing tourist-excursion activity at the sites of culture only on the basis of agreements with the organizations culture.
3. The enterprise, institution or organization (except budget) located on the historical territories, monuments, protected areas contribute to the special accounts of public bodies for accounting, management and restoration of monuments of fixed payments imposed by authorities, which are in the ownership of the relevant monuments and retired them historical territory and security zones.
4. Local executive bodies and local governments establish percentage deductions into local budgets from historical land territories, protected areas monuments collected from enterprises, institutions, organizations, households, located in these territories. The funds are directed to the preservation and restoration of cultural heritage of the Turkmen people, improvement of the historical territories.
5. when transferring the building hosting the Organization of culture, other enterprises, institutions and organizations (including religious), public bodies are obliged to transfer previously provide the organization with a culture of equal space.
6. In connection with the need to service the population of theatres, museums and other cultural organizations concerned determine their working hours, including weekends, in agreement with the local authorities or local government.
 
Article 17. State and public associations of professional artists 1. In order to implement creative activities in the field of culture, which requires joint efforts, establishing professional communication and networking, protection of creative interests, associations can be created-creative unions for individual types of cultural activities in the manner prescribed by the legislation of Turkmenistan.
2. with regard to the State of the unions: provides the possibility of their participation in the formulation of State policy in the field of culture;
consults with them when developing activities in the field of employment, vocational training, occupational safety and social protection of artists;
does not interfere with their activities, unless otherwise provided by the legislation of Turkmenistan;
supported by targeted financing of some socially useful programs on request, conclude any agreements, including agreements on the execution of works or the provision of services, as well as by social order to conduct certain activities on a competitive basis.
3. the right of entry into creative Alliance has a creative employee who meets the requirements set out in the Charter of the creative Union.
Requirements to candidates to the Union's Charter and members should not infringe on the property and non-property rights of the citizens, must unite in its composition the most qualified representatives of the creative professions, ensuring their professional and creative growth.
4. the relationship of creative alliances with international creative organizations shall be governed by the laws and international treaties to which Turkmenistan is a party.
5. the establishment, reorganization and liquidation of creative unions are implemented in the order established by the legislation of Turkmenistan.
6. In the legal, socio-economic and other relations, the State contributes to artists who are not members of any social associations of professional artists, as well as members of such unions.
 
Article 18. Non-professional (amateur) creative associations and collectives of Amateur (amateur) creative associations and groups are created at the initiative of citizens, voluntary associations, cultural organizations, local representative and executive organs of power and operate in accordance with the legislation of Turkmenistan.
 
Chapter IV. State regulation in the field of culture
 

Article 19. Regulatory agencies in the field of State regulation in the sphere of culture culture is carried out by the Cabinet of Ministers of Turkmenistan, the authorized body of State administration in the field of culture, local executive authorities and bodies of local self-government.
 


Article 20. Competence of the Cabinet of Ministers of Turkmenistan in the field of culture

 
The Cabinet of Ministers of Turkmenistan in the area of culture: 1) ensures compliance with the Constitution of Turkmenistan, this Act, the acts of the President of Turkmenistan, decrees of Cabinet of Ministers of Turkmenistan and international treaties relating to the sphere of culture;
2) carries out regulation of activity of State bodies in the field of culture;
3) develops State policy in the field of culture;
4) provides the implementation and protection of the constitutional rights of citizens to cultural activities;
5) carries out public administration sphere of culture;
6) is organizing a cultural reform, based on international standards and experience the history and mentality of the Turkmen nation and the introduction of principles of market relations;
7) adopts and provides implementation of targeted programmes of development and improvement of the cultural sphere;
8) organizes the execution of the State budget of Turkmenistan in the field of culture;
9) develops and implements government social policy in respect of cultural workers and artists;
10) carries out measures to promote research activities in the field of culture;
11) provides for cooperation with foreign countries and international organizations in the field of culture.
 
Article 21. Competence of the authorized body of State administration in the field of culture within the competence of the authorized body of State administration in the field of culture is composed of: 1) the implementation of the State policy in the field of culture;
2) development and implementation of targeted programmes for the development and improvement of the cultural sphere;
3) revival, preservation, development and dissemination of national cultural values;
4) creation of conditions for aesthetic education, artistic education and pedagogical activities in the field of culture;
5) to create a unified state information management system in the field of culture;
6) implementation information and scientific-methodical support and intersectoral coordination in the field of culture;
7) participate in the drafting of the State budget of Turkmenistan in the field of culture;
8) development and strengthening of material and technical base of cultural organizations;
9) creating conditions for the development of creative activity;
10) implementation of training in the field of culture, improve their skills;
11) promotion of charity and sponsorship activities, ties with compatriots in the field of culture;
12) Organization of activities on the territory of Turkmenistan to identify monuments of history and culture, maintaining their accounting, research, protection, conservation, restoration and use of historical monuments, objects of material and spiritual culture, as well as to perpetuate the memory of prominent cultural figures of Turkmenistan;
13) conducting the State Register of national cultural heritage objects;
14) implementation and coordination of activities in the field of international cultural cooperation;
15) development on the basis of labour legislation of Turkmenistan of arrangements for appraisal and improvement of professional skill of workers of public cultural organizations;
16) carrying out of certification of employees of public organizations;
17) development of provisions on conferring the status of "National cultural organizations" and "academic status";
18) development of provisions on conferring the title of "people's" collectives of amateur performances;
19) other issues placed within its competence normative legal acts of Turkmenistan.
Normative-legal acts prepared by the authorized body of State administration in the field of culture, may be approved by this authority on behalf of the Cabinet of Ministers of Turkmenistan.
 
Article 22. The competence of the local authorities and local self-government bodies in the field of culture, administered by the local authorities and local self-government bodies in the field of culture in the territory are: 1) the implementation of the State policy in the field of culture;
2) ensure logistical conditions and arrangements for the creation, preservation, revival and development of national culture;
3) to provide and support the activities of the public cultural organizations regional, city and district administrations, aimed at development of theatrical, musical and artistic, cultural activities and folk arts, library and Museum activities;
4) Organization of parades, festivals and competitions in various spheres of creative activity in the velayats, cities of Mashhad, districts, towns, etrap rights;
5) Organization of the work of accounting, protection, conservation, restoration, use of monuments, objects of material and spiritual culture of the regional, city and district administrations, as well as to perpetuate the memory of prominent cultural figures of Turkmenistan;
6) creation of conditions for creation of new jobs by promoting the development of folk arts and crafts;

7) Organization of work for the conservation of historical and cultural heritage, the promotion of historical, national and cultural traditions and customs;
8) other issues placed within their competence normative legal acts of Turkmenistan.
 
Chapter v. cultural workers and creative professionals Article 23. Categories of cultural workers 1. On the categories of cultural workers are merged into two main groups: employees whose professional activity is connected with the collection, storage and maintenance of the collections of archives, libraries, museums, art galleries and other similar organizations, as well as distribution, using cultural values attached to them, and citizens;
employees whose professional activity is connected with the creation of a literary, dramatic, musical, Visual and other works of art, their fulfillment, reproduction or interpretation of works of literature and art. Workers in this group are defined as creative professionals. The artists are also those citizens who are carrying out specified activities in the non-professional (amateur) basis.
2. The first group includes the following categories of cultural workers: 1) archivists, Museum workers and libraries that collect, assess and protect objects and documents of historic, scientific or artistic interest;
2) librarians, bibliographers, documentalists and specialists of related professions who are collecting, systematizing and maintenance recorded and published materials and administrative documents;
3) radio and television broadcasters, which convey to the listener or viewer semantic content, read news briefs, announcements, represent anyone on the radio, on television, in theatres, at concerts and elsewhere;
4) recreation workers who distribute and educate citizens to cultural values, organize recreational, cultural and educational activities.
3. The second group includes the following categories of cultural workers (creative workers): 1) novelists, poets, playwrights, script writers, librettists, which create artistic literary works and theatrical plays, write scripts and librettos;  
2) journalists, literary critics, art historians, musicologists, teatrovedy, literary, musical, theatrical and film critics, who prepare a variety of publications to publicize up-to-date information, advertising, editing publications, critically evaluate the artistic merits of literary and artistic works;
3) sculptors, painters and related artists, who create paintings, sculptures, monumental and applied arts, refurbish them, carry out work on artistic design (design);
4) composers, conductors, arrangers, musicians and singers who compose musics and perform them;
5) choreographers and dancers who choose a theme, perform the staging and execution of dance works in accordance with the creative idea;
6) directors and actors of theatre, cinema, television, radio and other artists, who perform the staging of performances, films and performing roles in these works;
7) clowns, magicians, acrobats and other performers who entertained the audience with shows, playing presentation and show the individual circus acts.
 
Article 24. The status of artists and their support by the State 1. The status of artists in Turkmen society is defined by their purpose, which is: (a)) in the creation of cultural values which:-are of high artistic skills, wealth of ideas and content, artistic display of national mentality of the Turkmen people;
-contribute to the consolidation of Turkmen society, strengthen its moral foundations and spiritual enrichment;
-reflect the main features of the new Renaissance-era radical transformations;
-inspire citizens for labour achievements, contributing to the enhancement of economic and spiritual potential of Turkmenistan;
-contribute to the formation of the younger generation of high moral and spiritual and moral qualities;
b) active participation in the transformation of all aspects of society and the State, aimed at furthering the development of Turkmenistan and Turkmen people's well-being;
in) talented and true rendering of the life of the people of Turkmenistan;
g) in enhancing the ideological and artistic level and further development of the national culture.
2. the State recognizes the vital role of the creative worker in the field of culture, guaranteed his freedom, moral, economic and social rights.
3. State: stimulates the activity of creative workers, aimed at improving the quality of life of people, preservation and development of culture;
provides working conditions and employment of artists so that they had the opportunity in desirable shape for them to devote themselves to artistic activities;
promotes the growth of demand from society for products of creativity to empower creative professionals get paid work;

improving the social security system for artists taking into account the specificity of creative activity;
contributes material to ensure social protection, freedom and independence of creative workers;
improving the system of taxation of artists taking into account the specificity of their activity;
promotes artists in the expansion of international contacts;
expands the possibilities of participation of women and youth in creative activity;
implements the provisions of the UN Convention on the rights of the child, taking into account the specificities of children engaged in creative activities, aimed at the development of the personality of the child and his or her abilities;
provides favorable conditions for creative professionals access to relevant educational institutions, libraries, museums, archives and other cultural organizations.
4. the status of the artist, who is a member of the creative Union, confirmed by the Union in accordance with its founding documents.
The status of the artist, a creative unions, evidenced by a certificate.
The reason for obtaining a certificate of creative worker is the creative work of the candidate.
 
Article 25. Labour relations the labour relations culture workers employees of cultural organisations are governed by labor laws of Turkmenistan.
 
Article 26. The rights and obligations of the employee culture worker of culture (including the student creative activity) has the rights and obligations under the labor laws of Turkmenistan, an employment contract, collective agreement (the agreement).
In addition, creative worker has the right to: 1) protection of information disclosure or loss which is damaging or can damage its interests, related to the implementation of creative activity;
2) bring to their activities of third parties;
3) joining in associations and unions on a creative and professional interests;
4) access in archives, libraries, museums and other cultural organizations for creative activity.
 
Article 27. Training, retraining, professional development and certification of employees of cultural organisations 1. Training of professional workers to carry out activities in the field of culture is carried out in relevant professional educational institutions of various types, which is carried out in accordance with the legislation of Turkmenistan in the field of education.
2. Organization culture creates the conditions necessary for retraining, improvement of professional skill of artists and cultural workers.
3. Improvement of professional skill and retraining of public cultural organizations can be made at the expense of the State budget of Turkmenistan and on a contract basis, and employees of non-governmental organizations of culture-on a contractual basis.
Improvement of professional skill and retraining of artists and cultural workers can be carried out both in educational establishments of all types of training in the areas of training (professions) culture, and cultural organizations if they have the appropriate license.
4. employees of cultural organisations and their leaders undergo certification to confirm their professional level in accordance with the procedure laid down in the labour legislation of Turkmenistan and the conditions of certification, as determined by the notified body of State administration in the field of culture.
5. the State assists in training, retraining and raising skills in leading foreign culture cultural organizations and educational institutions.
 
Article 28. Material security and social protection of workers in culture 1. Pay, allowances, the implementation of wage supplements, other forms of compensation and benefits, as well as the procedure of pensions of employees of cultural organisations, researchers, teaching staff of higher and secondary vocational training institutions in the cultural sphere are manufactured in accordance with the legislation of Turkmenistan.
2. Social Security and insurance for artists and cultural workers dealing with harmful (extremely harmful) working conditions, increased risk and the risk of occupational diseases, as well as their pensions are being carried out in the manner and under the conditions provided for by the legislation of Turkmenistan.
3. Creative workers and cultural workers for achievements in the field of Arts and culture receive State Awards, awarding conditions, financial support and benefits are determined by the legislation of Turkmenistan.
4. to State support for artists, award-winning State of Turkmenistan, as well as gifted young artists established State scholarships in the field of culture in the procedure established by the Cabinet of Ministers of Turkmenistan.
 
Chapter VI. Economic regulation in the field of culture, Article 29. Economic activities in the field of culture 1. The State guarantees the preservation and development of cultural, territorial, pricing and information accessibility of cultural values for all citizens of the country.

2. Basis of realization of the State guarantees the preservation and development of culture is the funding of culture from the State budget of Turkmenistan, which is carried out in accordance with the legislation of Turkmenistan.
3. in order to attract additional funding to support the development of culture, the State legally regulates the provision of tax and other benefits not-for-profit organizations culture, provides for a system of incentives to domestic and foreign legal entities and physical persons, invests its resources in the development of culture. Conditions and procedure for granting such benefits are determined by the legislation of Turkmenistan.
 
Article 30. Property relations in the field of culture 1. In Turkmenistan are allowed all forms of ownership of cultural property, as well as buildings, property complexes, equipment and other property intended for use in the field of culture.
The rights and obligations of owners of cultural property and other property in the area of culture shall be governed by the laws of Turkmenistan.
2. Turkmenistan property (buildings, constructions, equipment, property complexes) of cultural organisations is owned by their founders, on which it can be transferred in property, economic management or operative management of cultural organizations directly.
Disposal and management of State property in the field of culture are carried out by executive bodies and on their behalf-specially authorized State bodies and organizations.
3. Organization of culture is responsible for the safety of the owner before and the efficient use of fixed property for him. Control of the activities of the organization culture in this part is done by the founder (founders) or another person authorized by the owner.
4. State property, including the retired culture plots, could be alienated by the owner in the manner and under the conditions laid down by the legislation of Turkmenistan.
The list is not subject to seizure or alienation of objects of cultural heritage of the Turkmen people, publicly owned, approved by the Cabinet of Ministers of Turkmenistan.
5. Cultural values stored in state museums, art galleries, libraries, archives and other public organizations of culture, cannot be used as items of collateral or collateral.
6. the cultural heritage of the Turkmen people not subject to privatization.
The privatization of other cultural objects allowed in the order established by the legislation of Turkmenistan subject: preservation of cultural activities as the main activity;
preserve core services;
Organization and servicing of preferential categories of the population;
provide the current number of jobs and social guarantees for employees.
 
Article 31. Financing of cultural activities 1. Public funding of cultural organisations is carried out at the expense of the State budget of Turkmenistan and funds in the form of charity and sponsorship, and other tools used in the manner prescribed by the legislation of Turkmenistan.
2. The activities of public organizations of culture financed in accordance with regulations of the State of funding for each type and type of cultural organisations. Funds received from other sources, reduce regulations and the absolute size of the financing of the organization culture.
Hei public cultural organizations are established by the Cabinet of Ministers of Turkmenistan.
3. the public theatres, cinemas, concert and cultural and recreational organizations of Turkmenistan State budget subsidies to cover losses related to the provision of services to ensure the accessibility of theatre, concert and cultural and recreational activities for all layers of the population, in the manner prescribed by the legislation of Turkmenistan.
State museums of State budget subsidies to cover losses related to preservation, accounting, acquisition and restoration of historical and cultural values, in the order established by the legislation of Turkmenistan.
4. financing non-governmental cultural organizations service implementation expense, promoters and other sources not prohibited by Turkmen law.
5. Right to culture to receive charity and sponsorship from legal and physical entities of Turkmenistan and foreign countries and international organizations is not limited.
6. public associations, as well as enterprises, organizations and citizens shall have the right to independently or on a contractual basis to create funds for the financing of cultural activities. Organization and operation of said funds shall be administered in accordance with their statutes.
7. Organization culture use funds in accordance with the legislation of Turkmenistan and their statutes.    
 
Article 32. Prices and pricing in the field of culture
 

1. Prices (tariffs) for paid services and products, including prices, the Organization of culture establish yourself or contract basis, and in the cases stipulated by the legislation of Turkmenistan, on Government rates.
2. When the Organization paid events culture establish incentives for preschool children, pupils and students, the disabled, soldiers performing military service conscripts. Procedure for establishing benefits for those categories of the population is determined by the authorized State body in the field of culture, local executive authorities and bodies of local self-government.
3. For the purposes of social protection of citizens allowed State regulation of prices for certain types of products, works and services, cultural and information destination in the order established by the legislation of Turkmenistan.
 
Article 33. Logistics of cultural organisations 1. The State provides support to the logistic development of cultural organizations, take measures to expand the network of cultural facilities and reconstruction of unique objects of cultural heritage. The design and operation of the cultural needs of children, the disabled, elderly citizens access to culture.
2. Logistics of cultural organisations is carried out by the organizations of culture within the budget and own resources.
3. Local executive bodies and local governments within its field of competence, are obliged to assist subordinate organizations in addressing issues of cultural content and the development of their material-technical base.
4. Do not use any of the material-technical base and property of cultural organisations not to their assignment.
5. Local executive bodies and local governments have a duty to assist citizens engaged in creative activities, to establish the necessary Studios, workshops and laboratories.
 


Chapter VII. International activities in the field of culture

 
Article 34. International cooperation in the field of culture 1. Turkmenistan promotes international cooperation in the field of culture, including the exchange of creative groups, professionals and students, cultural values, the results of the activities in the field of culture, experience, organizational activities in various cultural fields.
2. The priority areas for international cooperation of Turkmenistan in the field of culture are touring and exhibition activities, preparation and training of personnel of cultural workers, co-production and exchange of cultural values and restoration of unique monuments of history and culture, creation and introduction of new technologies, equipment, equipment for cultural activities, exchange of methodologies, curricula and textbooks.
3. The State promotes the expansion of the range of actors in international cooperation in the field of culture, encourages independent cultural ties individuals and cultural organizations, and encourages the opening of national cultural centres abroad.
 
Article 35. Cultural cooperation with compatriots living outside Turkmenistan promotes the development of Turkmen culture abroad, maintaining ties with foreign compatriots and their descendants, provides moral, organizational and material support of the national-cultural centres, national societies, communities, associations and other organizations culture compatriots outside the State, in accordance with the law and international treaties to which Turkmenistan is a party.
 
Article 36. Participation in international organizations in the field of culture 1. On the territory of Turkmenistan may be set up branches, representative offices of international non-profit cultural organizations, as well as joint creative collectives in accordance with the legislation of Turkmenistan.
2. any legal and natural person has the right to join international organizations culture in accordance with the procedures defined in their charters and legislation of Turkmenistan.
3. the culture of Turkmenistan have the right to engage in its ranks foreign members, and disposition of earmarked revenues from foreign States, international organizations and private individuals.
 
Article 37. Cultural values of Turkmenistan abroad 1. Turkmenistan is implementing a deliberate policy on the return of illegally exported cultural property in its territory in accordance with the law and international treaties to which Turkmenistan is a party.
All illegally exported outside the country cultural values recognized by the national cultural heritage of Turkmenistan are subject to return to Turkmenistan, regardless of their location, time and circumstances.
2. Turkmenistan ensures the preservation of cultural heritage of the Turkmen people, which are his property and situated on the territory of foreign States.
 
Chapter VIII. The final clause of Article 38. Responsibility for violation of legislation in the field of culture the violation of the legislation of Turkmenistan in the field of culture implies responsibility, established by the legislation of Turkmenistan.
      President Gurbanguly

     Berdymukhamedov, Turkmenistan's mountains. Ashgabat, March 12, 2010, no. 92-IV.