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On Protection, Import And Export Of Movable Cultural Values

Original Language Title: Об охране, вывозе и ввозе движимых ценностей культуры

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On protection, import and export of movable cultural values ​​

(Bulletin of the Mejlis of Turkmenistan in 1998, № 3, p. 54)

(With amendments and additions introduced by the Law of Turkmenistan
from 18.04.2009, № 32-IV)

This Law is aimed at preserving the cultural heritage of the people of Turkmenistan and defines the relations in the sphere of protection of movable cultural values, it seeks to protect them from illicit export, import and transfer of ownership to them, and is designed to promote international cultural cooperation.

I. GENERAL PROVISIONS

Article 1. Movable cultural values ​​

By movable cultural values ​​are understood: by fifty or more years ago for its intended purpose and nature of movable tangible product of the social and human activities, and other objects of great cultural value, namely: significant ethnic, archaeological, historical, artistic, scientific , technical, religious and other respects, as well as those that characterize the typical and specific phenomena of national life. Movable cultural value can be created in less than fifty years ago, a work of great cultural value.

Article 2. Legislation on the Protection of Turkmenistan, import and export of movable cultural values ​​

Law on the Protection of Turkmenistan, import and export of movable cultural property consists of this Law and other normative legal acts of Turkmenistan.
If an international agreement establishes rules other than those contained in this Law, the norms of international agreements shall prevail.


Article 3. Scope of this Law

The provisions of this Act are mandatory for all legal and physical persons and (or) operating on the territory of Turkmenistan.
This Law applies to:
- historical values, including those related to historical events in the life of the peoples, the development of society and state, the history of science and technology, as well as the life and activities of outstanding individuals (government, political and public figures, thinkers, men of science, literature and art);
- Objects and fragments thereof, obtained as a result of archeological excavations;
- Artistic value, including:
- paintings and drawings produced entirely by hand on any support and in any material;
- Original sculptures made of any material, including reliefs;
- Original artistic compositions and montages in any material;
- Artistically designed subjects of cult purpose;
- Engravings, prints, lithographs and their original printing forms;

- Works of decorative art, including antique carpets and rugs hand-made, art glass, ceramics, wood, metal, bone, cloth and other materials;
- Products of traditional folk arts and crafts;
- Parts and fragments of architectural, historical and artistic monuments and monumental art;
- Old books, publications, which are of special interest (historical, artistic, scientific and literary), singly or in collections;
- Rare manuscripts and documentary monuments;
- Archival documents, including photos, sound, film, video archives;
- Unique and rare musical instruments;
- Postage stamps, other philatelic materials, singly or in collections;
- Old coins, medals, medals, stamps and other collectibles;
- Rare collections and specimens of flora and fauna, objects of interest for such branches of science as mineralogy, anatomy and paleontology;
- Other movable objects, including copies of historical, artistic, scientific or other cultural value, and also taken under protection by the state as monuments of history and culture.
This Law does not apply to modern souvenirs, objects of cultural purpose, serial and mass production.

II. GOVERNANCE IN
protection of movable cultural values ​​

Article 4. Bodies of state management and control in the field of protection of movable cultural values ​​

The bodies of state administration in the field of protection of movable cultural values ​​are the Cabinet of Ministers of Turkmenistan, the Interagency Council on the protection, import and export of movable property of Culture, Ministry of Culture of Turkmenistan, Main Archive Department under the Cabinet of Ministers of Turkmenistan, State Association "Turkmenhaly", State Customs Turkmenistan to ensure the protection of movable cultural property, carrying within its competence, functions of state regulation of export and import of movable cultural values ​​and control in accordance with the law.

Article 5. Inter-Agency Council on the protection, import and export of movable cultural values ​​


In order to coordinate activities for the protection of movable cultural values ​​of the Cabinet of Ministers of Turkmenistan created specially authorized body - the Inter-Agency Council on the protection, import and export of movable cultural property (hereinafter - the Interagency Council). The activities of the Interagency Council is a collegial character. The composition of the Interagency Council and the Regulations of it approved by the President of Turkmenistan.
Interagency Council carries out its activities in cooperation with the Ministry of Culture of Turkmenistan, the Main Archive Department under the Cabinet of Ministers of Turkmenistan, the State association "Turkmenhaly", the State Customs of Turkmenistan and other state bodies of Turkmenistan.


Article 6. Competence of the Interagency Council on the protection, import and export of movable cultural values ​​

Inter-Agency Council on the protection, import and export of movable cultural property shall:
- realization of state policy in the field of protection of movable cultural values ​​and control over its implementation;
- Control over the distribution and management of funds intended for the protection of movable cultural property;
- Participate in the development of legal acts regulating the protection of movable cultural values;
- Assessment and testing proposals for inclusion in the register and exclusion from the Register of movable property culture;
- Hearing reports of state bodies ensuring the protection of movable cultural values, and evaluation of their activities;
- Alert the public about the problems in the field of protection of movable cultural values;
- Decide on other matters given the legislation of Turkmenistan to its competence.

III. STATE ACCOUNTING movable cultural values ​​



Article 7. State accounting of movable cultural values ​​

State accounting of movable cultural values ​​are an integral part of the protection of movable cultural values ​​and is carried out by their inclusion in the state protection list consisting of:
- inventory lists of movable cultural values ​​are stored in museums, libraries, archives of Turkmenistan;
- Register of movable cultural values ​​are not in the public repositories.
The procedure for state accounting of movable cultural values ​​approved by the Cabinet of Ministers of Turkmenistan.

Article 8 Inclusion of Movable Cultural Property in the register and the exclusion from it

Regulations on the Register is approved by the Cabinet of Ministers on the proposal of the Interagency Council.

Based on the conclusion of the expert committee on the assessment of movable cultural values ​​Interagency Council includes a register and excludes it from movable cultural values.
The proposal for the inclusion of movable cultural values ​​in the register may be made by the owner of a movable cultural values. In the case of non-inclusion of movable cultural values ​​in the register Interagency Council to give a reasoned response vnёsshim offer individual or legal entity.
The owner of movable cultural values ​​included in the register, issued regulations protection (standard or individual retention policies) and passport movable cultural values.
Movable property culture that does not belong to the state, can be included in the register only with the consent of the owner, except for issuing permits for temporary export it from Turkmenistan or the threat of its destruction.
Movable cultural values ​​can be removed from the Register, if they are acquired by public locations, or if the expert committee for evaluation of movable cultural values ​​is established that the value driven culture:
- has been lost or destroyed;
- Or it has not lost its intrinsic value.
Movable cultural value is excluded from public accounting if it permanently export in accordance with international agreements.


Article 9. Monuments of Culture of Turkmenistan

The most significant movable cultural values ​​put to the account of the state, on the proposal of the Interagency Council may be declared by the Cabinet of Ministers of Turkmenistan culture monuments.
The decision to declare an object monument of culture of Turkmenistan may be withdrawn by the Cabinet of Ministers of Turkmenistan.

IV. Storage of movable cultural values ​​

Article 10. Storage of movable cultural property in state depositories

Storage and accumulation of movable cultural property in state depositories are one of the main components of the state protection of movable cultural values. For this purpose, carried out their purchase, acquire in any other way or acceptance of the deposit in deposit rights.
Conditions and procedure for the storage of movable cultural property in state depositories shall be established by normative legal acts of Turkmenistan regulating the activities of archives, libraries and museums of Turkmenistan.
Normative legal acts regulating the protection of movable cultural values ​​which are in public storage, establishes additional requirements for protection of storage, conservation and restoration of movable cultural values, declared monuments of culture of Turkmenistan.


Article 11. Storage made to the register of movable cultural values ​​

Inter-Agency Council on the protection, import and export of movable property of culture is developing rules of protection of each is included in the register of movable cultural values, values-driven culture fills the passport and hands, along with the rules of the owner or user. Recent regulations must comply with the requirements of the protection of movable cultural values.
In order to preserve the movable property included in the Register of Cultural Inter-Agency Council shall:
- monitoring compliance with the rules of protection of movable cultural values;
- Control over the trade of movable cultural values, their importation and exportation in Turkmenistan;
- Financing conservation, restoration, research, and equipment protection and exhibiting at trade shows movable cultural values;
- Qualified free advice in cases of attribution, assessment of the state of the movable cultural values, the funds needed for the preservation of movable cultural values, scientific inventory, as well as the scientific study of movable cultural values ​​and collections;
- Organizes the search for missing movable cultural values.

Article 12. State assistance to the owners of movable cultural property included in the Register

Due to the state budget in accordance with the approved programs are being financed:
- work on the study, preservation and restoration of movable cultural values, declared monuments of culture of Turkmenistan, as well as for equipment protection;
- Studies on the culture of movable property included in the register;
- Transportation and insurance made to the register of movable cultural values ​​exhibited at exhibitions organized by the state.
The owners of movable cultural property included in the Register, exposed or otherwise accessible to the public by means of compensated part on conservation and restoration work and studies on the costs necessary for the preservation of these values.
In case of partial or complete destruction by the fault of the owner of movable cultural values, or other loss of its value to the owner may be recovered public funds invested in restoration, conservation, study and protection equipment.

Article 13. Preservation and restoration of movable cultural values ​​

Conservation - based action research, the purpose of which - the protection of movable cultural values ​​of spontaneous damage.

Restoration - based action research, the purpose of which - the identification of movable cultural values ​​by the elimination of damage, malfunctions, as well as the conservation and restoration of the missing original components.
The conservation and restoration of movable cultural values ​​can be carried out by legal and natural persons who have issued in the manner prescribed by law license to conduct this type of activity.
The conservation and restoration of movable cultural values ​​can be carried out only by restorers, Certification Commission certified the Interagency Council. Certain work under their direction can be carried out by restorers and unverified.

Article 14. Transactions in respect of the brought in the register of movable cultural values ​​

The owner of movable cultural values ​​included in the register, in the case of its intention to make a sale or other disposition shall notify the owner of the future status of the values ​​and requirements of the protection regulations.
Transactions in respect of the brought in the register of movable cultural values ​​must be made in writing, within a month recorded in the Interdepartmental Council on the protection, import and export of movable cultural values, which brings in the passport of movable cultural values ​​of the new owner and gives him the rules protection of this value.
Transaction in respect of movable cultural values, committed without complying with the requirements of this Article, shall be deemed invalid.

V. ORDER exportation and importation of movable property

CULTURE
Article 15. Driven by cultural values ​​that can not be exported from Turkmenistan

Export from Turkmenistan can not be driven by the following values ​​of culture:
- movable cultural values ​​of historical, artistic, scientific or other cultural value and the relevant legislative acts ascribed to the valuable objects of cultural heritage of the Turkmen people, regardless of the time of their creation ;
- Movable cultural values, regardless of the time of their creation, protected by the state and made to the Registers;
- Movable cultural values ​​are constantly stored in state museums, archives, libraries and other public repositories of cultural values ​​of Turkmenistan (by the decision of the authorized state bodies, this rule can be extended to other museums, archives, libraries);
- Carpets and rugs, created more than 60 years ago;
- Movable cultural values ​​created more than 100 years ago.
Ban on the export of movable cultural values ​​on other grounds is not allowed.


Article 16. Competence of the Inter-Agency Council, the State Customs of Turkmenistan in terms of import and export of movable cultural values ​​

Interagency Council:
- is a list of movable cultural values, subject to this Act;
- Makes decisions about the possibility of exportation, temporary exportation of movable cultural values;
- Provides expertise movable cultural values ​​declared to export, temporary export, as well as when they return after temporary export;
- Issue a certificate for the right to export, temporary export of movable cultural values;
- Oversees compliance with the rules of foreign trade activities related to movable cultural values;
- Registers imported temporarily imported movable cultural values;
- Organizing a broad public announcements in Turkmenistan and beyond the facts of loss, loss, theft of movable property culture;
- It takes stipulated by the legislation of Turkmenistan and international agreements of Turkmenistan measures to restore the legitimate rights of owners of movable cultural values ​​with illegal export, import movable cultural values ​​and transfer of ownership to them.
The State Customs of Turkmenistan carries out customs control points of order removal of movable cultural values ​​established by this Law and other normative and legal acts, and taking part in the reception and transfer of illegally exported from Turkmenistan and Turkmenistan illegally vvezёnnyh movable cultural values.

Article 17. State expertise exported movable cultural values ​​

Driven by cultural values, declared for export are subject to mandatory examination.
The refusal of an applicant for the export of movable cultural values, to submit to an examination of the goods to be exported is regarded as the applicant's rejection of their exports.
If examination results provide a basis for the introduction of the consignment into the register, the examination materials are sent to the appropriate authorities regardless of the consent of the person applying for the export of the subject.

Article 18. Certificate for export of movable cultural values ​​

When deciding on the possibility of export of movable cultural values ​​appropriate state agency issued export certificate for movable cultural values.
Export certificate for movable cultural values ​​is the basis for the admission of these values ​​through the customs border of Turkmenistan and the state.
The export values ​​without this certificate is prohibited.

Form export certificate for movable cultural values ​​approved by the Cabinet of Ministers of Turkmenistan.

Article 19. Movable cultural values ​​containing precious metals and precious stones

The procedure for granting the right to import and export of movable cultural values ​​containing precious metals and precious stones, is governed by this Law and other normative legal acts of Turkmenistan.

Article 20. Types of weapons that are movable cultural values ​​

The procedure for granting the right to export and import various kinds of weapons, historic, artistic, scientific or other cultural value, is regulated by this Law and other normative legal acts of Turkmenistan.

Article 21. Export and import of cultural movable property owners having diplomatic privileges and immunities

The procedure for import and export of movable property owners culture having diplomatic privileges and immunities in accordance with the Law of Turkmenistan "On the diplomatic missions of foreign states in Turkmenistan" and other relevant legislative acts.

Article 22. Removal of movable cultural values ​​by sending in postal

The export of movable cultural values ​​by sending in postal items shall be in accordance with the rules established by this Law, the customs legislation of Turkmenistan Law of Turkmenistan "On communication" and other normative legal acts of Turkmenistan.


Article 23. The order of entry of movable cultural values ​​

Imported movable cultural values ​​are subject to customs control and special registration in the order established by the Interagency Council, together with the State Customs of Turkmenistan.


Article 24. Movable cultural values, the import of which is prohibited

In accordance with Turkmenistan's international agreements, or in connection with the request of the competent authorities of foreign countries import movable cultural property in respect of which declared wanted, is prohibited.
These values ​​are subject to detention for the purpose of their subsequent return to its rightful owner.


Article 25. Transit of movable cultural values ​​

When transiting movable property culture through the territory of Turkmenistan's customs authorities of Turkmenistan submit a document certifying that the movable cultural values ​​are imported solely for the purpose of transit under the conditions prescribed by the customs legislation of Turkmenistan and international treaties of Turkmenistan.

VI. ORDER temporary export and temporary IMPORT

movable cultural values


Article 26. The temporary export of movable cultural values ​​

The temporary export of movable cultural values ​​carried out by museums, archives, libraries, and other legal and natural persons:
- for the organization of exhibitions;
- To carry out restoration work and research;
- In relation to a theater, concert and other artistic activity;
- In other necessary cases.
Applications for temporary export are considered only in the case of movable cultural values ​​falling under the third, fourth, fifth, sixth paragraphs of Section 15 of this Act.

Article 27. Granting of the right of temporary export of movable cultural values ​​

A decision on the possibility of the temporary export of movable cultural property adopted by the Interagency Council. The decision on the possibility of temporary export values ​​are permanently stored in state museums, archives, libraries and other public repositories of movable cultural values, can be taken only with the consent of the Ministry of Culture of Turkmenistan, the Main Archive Department under the Cabinet of Ministers of Turkmenistan, the State Association "Turkmenhaly "or the relevant executive authority, management, in charge of the institution applying for the temporary export of cultural values.
Application for temporary export of movable cultural property is served by the owner or an authorized person in the Inter-Agency Council. About the decision to the applicant must be reported no later than three months after the formal application.
Interagency Council decision can be challenged by the owner declared to temporary export of movable cultural property in the court in accordance with applicable law.
Temporarily exported movable cultural values ​​are constantly stored in state museums, archives, libraries and other public repositories, can not be used as collateral or be the subject of pledge.

Article 28. Certificate for the right of temporary export of movable cultural values ​​

When deciding on the possibility of the temporary export of movable cultural values ​​Interagency Council issued a certificate for the right of temporary export of movable cultural values.
Certificate for the right of temporary export of movable cultural values ​​is the basis for the admission of these values ​​through the customs border of Turkmenistan and the state.
The temporary export of movable cultural values ​​without this certificate is prohibited.

Article 29. The procedure for the temporary export of movable cultural values ​​


When temporary export of movable property state museums of culture, archives, libraries, other public storage of movable cultural values ​​to the application for the temporary export of movable cultural values ​​are attached:
- an agreement with the host country on the purpose and conditions of the temporary export of movable cultural values;
- A document confirming the commercial insurance temporarily exported values ​​to ensure all cases of insurance risk, or a document on the state of the financial guarantee covering all risks, provided by the host country movable cultural property;
- Documentary confirmed guarantee of the host country and the guarantee of the state bodies of the country of destination with regard to the safety and return of temporarily exported movable cultural values.
When temporary export of movable cultural property and other legal and natural persons to the application for temporary exportation are attached:
- certificate of registration temporarily exported movable cultural property in the security lists or register;
- Confirmation of the notification to the public authority, who took movable cultural values ​​under state protection, their temporary export;
- An agreement with the host country on the purpose and conditions of the temporary export of movable cultural values;
- Documentary confirmed guarantee of the host country and the guarantee of the state bodies of the country of destination with regard to the safety and return of temporarily exported movable cultural values.
The temporary export of movable cultural values ​​can be performed subject to the conclusion between the requesting party and the Interagency Council agreement on the return of temporarily exported movable cultural values.
Contained in that contract demand the return of movable cultural values ​​collateralised temporarily exported movable cultural values ​​leaving the collateral from the pledgor, carried out in accordance with the Law of Turkmenistan "On Pledge".

Article 30. Refusal of the application for the temporary export of movable cultural values ​​

The application for temporary exportation of movable cultural values ​​may be denied for the following reasons:
- in the absence of by a natural or legal person carrying out the temporary export, guarantees re-importation of movable cultural values ​​provided in the manner provided in this Act;
- If the state of the movable cultural values, declared for temporary export, does not allow to change the storage conditions;
- If not defined and if the owner of movable cultural values ​​are the subject of ownership disputes;

- If in the country, which is expected to carry out a temporary export of movable cultural values, natural disaster, there are armed conflicts and other circumstances affecting the preservation of temporarily exported movable cultural values.
The application for provisional export of movable cultural property may also be refused in the absence of diplomatic relations with the Turkmen state, which is supposed to carry out the temporary export.

Article 31. The constancy of the agreement on the purpose and conditions of the temporary export of movable cultural values ​​

The content of the agreement on the purpose and conditions of the temporary export of movable cultural values ​​with the host country can not be changed after the issuance of certificates for the right of temporary export of movable cultural values.
After issuing the certificate, these movable cultural values ​​can not be the subject of a pledge, as the contract in Turkmenistan and abroad.

Article 32. Examination of the returned after temporarily exported movable cultural values ​​

Movable cultural values ​​returned by Turkmenistan after temporary export are subject to mandatory examination.

Article 33. Diplomatic protection temporarily exported movable cultural values ​​

Representative of Turkmenistan abroad carried out in the host country diplomatic protection in respect of the temporarily exported from Turkmenistan movable cultural values.


Article 34. The procedure for the temporary importation of movable property culture

Temporarily imported movable cultural values ​​are subject to customs control and registration of the Interagency Council, together with the State Customs of Turkmenistan.
Driven by cultural values, temporarily exported to Turkmenistan with a view to cultural co-operation and are the property of foreign states, foreign legal entities and individuals, under the protection of Turkmenistan. Providing state guarantees the protection of these values ​​is carried out in each case in accordance with the international treaties of Turkmenistan.
The procedure for granting state guarantees of the financial coverage of all risks in respect of movable cultural values ​​are temporarily imported to Turkmenistan, the Cabinet of Ministers of Turkmenistan.

VII. PREVENTION OF ILLEGAL TRANSFER OF OWNERSHIP
movable cultural values ​​

Article 35. Ownership of the exported movable cultural values ​​

The export of movable cultural property can only be made legitimate by their owner or a person authorized by the owner, in accordance with legislation.

When exporting movable cultural property by legal entities must be documented proof of their ownership of the exported items.
Not permitted transmission owners of movable cultural values ​​of the powers of possession, use and disposal of these values, as well as the sale of movable cultural values, if these actions can contribute to their illegal export.

Article 36. Export of cultural movable property, ownership of which belongs to the citizens

In cases where citizens traveling outside Turkmenistan for permanent residence could provide proof of ownership of some items regarded as family heirlooms or memorial values ​​and not stored permanently in the state museums, archives, libraries and other public repositories of movable property culture, Inter-Agency Council may make a positive decision on the removal of such property.

Article 37. Acquisition of the state declared for export of movable cultural values ​​

When taking the Interdepartmental Council on the basis of the opinion of the expert commission decision on the need for the acquisition of state of the museum, archive and library funds of Turkmenistan movable cultural values ​​declared to export natural or legal persons, the Interagency Council with the consent of the owner has the right to buy movable property at the price of Culture assigned to the owner of this value when you apply for the right to export it. In these cases a deferred payment of up to one year, during which the government is seeking funds for the acquisition of the movable cultural values.
In the case of movable property declared to be exported cultural citizen of Turkmenistan traveling outside Turkmenistan for permanent residence, purchasing it for the state museum, archives, library funds of Turkmenistan solved without establishing the delay in payment.

Article 38. The order of use of movable property culture, detained by customs and law enforcement agencies

Driven by cultural values, detained by the customs authorities, the bodies of internal affairs, national security agencies of Turkmenistan, other law enforcement agencies, passed the Interagency Council.
Inter-Agency Council shall store these values, their examination and publication in order to clarify the ownership of them.

After the establishment of the courts of ownership of movable cultural values ​​indicated Interagency Council passes it to the owner or his legal representative. Funds spent on the storage and examination of movable cultural values ​​of data are at the expense of the owner, unless otherwise provided by the court decision.
When handling seized or confiscated by the court decision movable cultural property in state revenue in accordance with the current legislation is the Interdepartmental Council at the Ministry of Culture of Turkmenistan, Main Archive Department, the State Association "Turkmenhaly 'proposal to transfer the specified values ​​for permanent storage in the state museum , archive and library funds of Turkmenistan or religious groups.


Article 39. Removal of movable cultural property to its author

The author, whether he travels outside Turkmenistan temporarily or permanently, has the right to take them by movable cultural values ​​in any amount in the manner prescribed by this Act.
Legal entities and individuals, exporting with the author's life, for 50 years after his death he created movable cultural values ​​are required to provide proof of the legality of their acquisition.
Interdepartmental Council shall notify the author or his heirs to the fact of legal removal of his works by others.

Article 40. Preventing the acquisition by public repositories illegally exported from other countries, stolen or illicitly acquired movable cultural values ​​

In order to prevent the acquisition of illegally exported from other countries, stolen or illicitly acquired movable property of Culture state museums, archives, libraries and other public repositories of cultural values ​​required to take the necessary measures to obtain information about the origin of the values-driven culture.
Legal entities and individuals engaged in the established order in foreign economic activities related to movable cultural values ​​are required to keep a register stating the origin of each of movable cultural values, the name and address of the supplier, a description of this value, its image, cost, and request of the relevant public authorities to provide the information they received about the movable cultural values.

Article 41. Recovery of movable cultural property from illegal possession


In the case of theft and export from Turkmenistan of movable cultural values, regardless of their form of ownership to them, the Interagency Council in accordance with the rules of international law shall take the necessary measures to requisition the said property from illegal possession.
Inter-Agency Council provides assistance to its rightful owner in the event of submission of claims for the recovery of cultural movable property from illegal possession of foreign countries courts in accordance with the provisions of the domestic law of those States, and facilitates the return of movable cultural property in Turkmenistan.
Return thus movable cultural values ​​are exempted from customs duties and other charges.

Article 42. Rights of bona fide purchasers of movable cultural values ​​

In the case of acquisition of a bona fide purchaser vvezёnnyh illegally from other countries, stolen or lost movable property culture, the values ​​to be returned to the rightful owner with the payment of fair compensation for bona fide purchaser, if their return demand is made by the State party to an international agreement, which is applicable for Turkmenistan and providing for a payment, or if such payment is provided on the basis of reciprocity.
Returned in accordance with the first paragraph movable cultural values ​​are exempted from customs duties and other charges. All expenses for their return carries demanding side.
A natural or legal person other than the owner of a movable cultural values, but honestly and openly possessing it as their own not less than 20 years, acquires ownership of the movable cultural value.

Article 43. Claims for the return of exported movable cultural values ​​

Presenting the owner of the claim for the recovery of unlawful possession vvezёnnyh movable cultural property carried out by the courts.
If the movable cultural object was stolen from the owner or dropped out of his possession by another against his will, he has the right to demand that the value of a bona fide purchaser without payment of any compensation, if the owner is the state museum, archive, library, other public storage of movable cultural values, as well as a religious association.

Article 44. Implementation of the foreign economic activities related to movable cultural values ​​


Foreign economic activity carried out by individuals and legal entities related to movable cultural values, is allowed only with a permit issued in accordance with the procedure established by the Cabinet of Ministers of Turkmenistan.

VIII. FEES AND CHARGES

Article 45 Special fee for the right to export movable cultural values ​​

For the right to export movable cultural values ​​of a special fee is paid. The procedure for setting the size and payment of the special levy, as well as exemption from the payment of benefits, and established by the Cabinet of Ministers of Turkmenistan.

Article 46. The procedure of levying a special tax for the right to export movable cultural values ​​

A special fee is paid by natural and legal persons in case of their export certificate for movable cultural values.
The basis for calculating the amount of the special collection is a real market price of movable cultural values ​​indicated in the statement of the applicant for its exportation. If the Interagency Council on the basis of an expert opinion determines the different value of the subject assessment, for calculating the amount of special fee assessment is taken, certain Interagency Council.
Special charges imposed by governmental authorities issuing the export certificate for movable cultural values, with the total value exported by the person at the same time movable cultural values.
The proceeds from the payment of a special fee to the Foundation of Culture and Archives, and may be used exclusively for the purchase of items for the replenishment of state museums, archives and libraries.

Article 47. Exemption from payment of the special collection of the author exported movable cultural values ​​

Special fee is not charged in the case, if the export of movable cultural property carried out directly by its author.

Article 48. Special collection for the temporary export of movable cultural values ​​

When temporary export of movable cultural values ​​special fee shall be paid as a percentage of the amount of assessment temporarily exported movable cultural values, certain parties to the treaty to re-import of cultural property.
State museums, archives, libraries, other public storage of movable cultural property shall be exempt from payment of a special fee for the right of temporary export of movable cultural values ​​within their collections on permanent storage.
The proceeds from the payment of a special fee for the right of temporary export of movable cultural values ​​are used in the manner prescribed by the fourth part of Article 46 of this Law.


Article 49. The export duty on movable cultural values ​​

When exporting movable cultural property, decorated in accordance with the requirements of this Act, the export duty is not charged.
Exported in accordance with this Law movable cultural values ​​can not be considered as a part of personal property, which is set to cost restrictions when exporting.


Article 50. Payment of examination of movable cultural values ​​

The order of charging for assessment of movable cultural property in connection with their exportation, transfer of property rights to them, as well as for other activities established by the Interagency Council in coordination with the Ministry of Economy and Finance of Turkmenistan.

§ 51. State fee for claims for the recovery of movable cultural values ​​

According to claims for the recovery of movable cultural property from illegal possession Plaintiffs are exempted from payment of state fees in court.

IX. FINAL PART

Article 52. Responsibility for violation of the Law

Violation of legislation on protection, export and import of movable cultural values ​​are:
- import and export of movable cultural property from the violation of the rules established by this Law and the customs legislation of Turkmenistan;
- Illegal transfer of ownership of movable cultural property;
- Non-return of movable cultural values ​​within the period specified in the agreement on the return of temporarily exported movable cultural values;
- Cottage knowingly false expert opinion on the part of members of expert commissions;
- Other violations stemming from the current legislation of Turkmenistan.
Persons guilty of violation of legislation on protection, export, import movable cultural property shall be liable in accordance with the current legislation of Turkmenistan.

Article 53. Co-operation in order to prevent illicit export, import movable cultural property and the transfer of ownership to them

In order to prevent illicit export, import movable cultural property and transfer of property rights to them, as well as for the return of the legitimate owners of illegally exported and vvezёnnyh movable cultural values ​​state regulators import and export of movable cultural values ​​and control the export and import of movable property culture cooperate with the same competent authorities, agencies, as well as with relevant governmental and non-governmental organizations of other countries.


Article 54. International agreements of Turkmenistan on the return of illegally exported and vvezёnnyh movable cultural values ​​

Turkmenistan participates in international agreements on the return of illegally exported and vvezёnnyh movable cultural values.
The provisions on these issues may be included in international agreements of Turkmenistan on cultural cooperation.


Turkmen President Saparmurat Turkmenbashi

Mountains. Ashgabat
September 15, 1998 number 313 -1