4. Law and legislation
Azerbaijan
Last update: April, 2025
Following the Constitutional Referendum on November 12, 1995, the new Constitution of the Republic of Azerbaijan came into force on November 27, 1995. Besides general guarantees, fundamental rights, freedoms, and responsibilities, the Constitution includes provisions related to culture, cultural rights, freedom of expression and creativity, copyright protection, heritage protection, and other relevant areas.
Article 40 of the Constitution, “Right to Culture,” provides that everyone has the right to participate in cultural life and to utilise cultural institutions and values. It also stipulates that everyone must respect and care for historical, cultural, and spiritual heritage and protect historical and cultural monuments.
Article 51 of the Constitution, “Freedom of Creative Activity,” secures everyone's right to engage in creative activities and guarantees freedom in literary, artistic, scientific, technical, and other forms of creative expression.
Article 30 of the Constitution, “Right to Intellectual Property,” declares that everyone has the right to intellectual property and that copyright, patent rights, and other intellectual property rights are protected by law.
The interests of artists and cultural workers are also reflected in various articles of the Constitution, including “Freedom of thought and speech” (Article 47), “Freedom of information” (Article 50), and “Protection of historical and cultural monuments” (Article 77), among others.
Last update: April, 2025
Legislative procedures for allocating public funds for culture in the Republic of Azerbaijan are defined by the Constitution of the Republic of Azerbaijan (No.00 of November 12, 1995), the Law on the Budget System (No.358-IIQ of July 2, 2002), annual laws of the Republic of Azerbaijan and decrees of the President of the Republic of Azerbaijan on the state budget, and annual laws and Presidential decrees on executing the state budget. In addition, approved by corresponding decisions of the Cabinet of Ministers, the Rules of Preparation and Execution of the State Budget (No. 75 of May 24, 2004) and the Unified Budget Classification of the Republic of Azerbaijan (No. 440 of October 11, 2018) are the instruments governing these procedures for state bodies.
The competence of the Milli Majlis (parliament) of the Republic of Azerbaijan includes approving the state budget upon the President's submission and supervising its implementation. An annual state budget law approves the revenues and expenditures for the following year, including centralised and local. Tax revenues from the state budget are allocated to corresponding purposes at the level of sections and subsections of the functional classification, including activities in culture, the arts, and related fields.
After adopting the annual law on the state budget, the President signs a special Decree on several issues related to applying this law, which approves the order of financing of organisations and events from the state budget. The Decree also defines the distribution of budgetary funds for culture between central and local institutions, as well as the allocation of funds for specific activities and events. This legal act also specifies the costs of education in culture and art, the regulation of wages and other social measures, charges for strengthening and overhauling material and technical bases, and extra-budgetary expenditures of budgetary organisations. Finally, the Ministry of Finance specifies the incomes and expenses of sources based on approved indicators for the state budget of the next fiscal year and submits it to the Ministry of Culture.
Generally, proposals for allocating public funds to culture are based on forecasts of the country’s economic and social development for the following year and the subsequent three years. Targeted programs and the evaluation of cultural activity results are collected during the preparation process for the draft state budget, which begins 11 months before the next budget year. All budgetary cultural institutions participate in this process, submitting their budget requests and forecasts to the Ministry of Culture through the administrative hierarchy, integrating them into a single application.
The issue can be raised before the Milli Majlis through a legislative initiative if a necessity arises for a review of the state budget during the execution process, and it was not possible to consider the need during the preparation and approval of the current year's state budget. The Ministry of Culture may also request that the Ministry of Finance transfer funds allocated between paragraphs of the approved indicators for the current state budget year in the second half of the year, if necessary.
Budgetary institutions and organisations procure goods, works, and services based on the Law on Public Procurement (No.988-VIQ of July 14, 2023). However, if the amount of the specified public procurement is equal to or exceeds AZN 50 thousand, compulsory public tendering for funds is announced via the Public Procurement Electronic Portal of the Republic of Azerbaijan.
All budget proposals are prepared in accordance with the Unified Budget Classification.
Last update: April, 2025
According to Article 38 of the Constitution of the Republic of Azerbaijan (No.00 of November 12, 1995), “everyone has the right to social security”. Social welfare issues are detailed described by laws On Social Benefits (No. 55-IIIQ of February 7, 2006), On Social Insurance (No.250-IQ of February 18, 1997), On Protection of Public Health (No. 360-IQ of June 26, 1997), On Medical Insurance (No. 725-IQ of October 28, 1999), On Labour Pensions (No. 54-IIIQ of February 7, 2006), On Social Services (No. 275-IVQ of December 30, 2011), On Unemployment Insurance (No.765-VQ of June 30, 2017), On the Rights of Persons with Disabilities (No. 1153-VQ of May 31, 2018), On Employment (No.1196-VQ of June 29, 2018), et cetera.
The Ministry of Labour and Social Protection of the Population of the Republic of Azerbaijan regulates the labour market and ensures social protection for the population. The State Social Protection Fund under the Ministry of Labour and Social Protection of the Population regulates social insurance activities and provides citizens with pensions.
The following public legal entities under the Ministry of Labour and Social Protection of the Population were established based on the previous corresponding state services according to the Decree of the President of the Republic of Azerbaijan On Additional Measures to Improve Governance in the Field of Social Protection (No.912 of December 30, 2019):
- The State Employment Agency conducts activities related to the organisation of active employment measures, management of unemployment insurance funds, standards for social protection of job seekers and the unemployed, as well as labour market analysis;
- The State Social Protection Fund regulates activities in the sector of social insurance and the provision of pensions to citizens;
- The State Agency for Medical-Social Expertise and Rehabilitation operates in disability identification and rehabilitation of persons with disabilities;
- The Social Services Agency provides social services to individuals and families in need, enhancing their social protection and welfare and implementing state policies and regulations related to adoption.
According to the Rules for the Organisation of self-employment (No. 168 of May 13, 2020), the organisation of self-employment is carried out by the relevant state agency in the following stages: providing advice and information on the organisation of self-employment; assistance in the selection and organisation of self-employment in the sectors of the economy, based on the analysis of the labour market; help in the preparation of a business plan for the organisation of self-employment, including conducting trainings and evaluating their results; provision of materials, equipment and other property in kind to unemployed and job-seeking persons for the organisation of the selected self-employment direction on a contractual basis for one year; and periodic monitoring of the activities of a person involved in self-employment.
These general social security measures are relevant to culture, and the mentioned schemes would apply to those working in the cultural sector, including self-employed artists. The Law on Culture (No.506-IVQ of 21 December 2012) also provides social security measures for cultural workers. Social protection of cultural activity subjects is a key component of the state's policy, and the organisation of incentives for cultural workers and creative individuals for their services and contributions to cultural development is among the state's responsibilities. It applies to creative workers and includes provisions to improve the working conditions of artists and scientists, such as artists and sculptors receiving working space under favourable conditions (e.g., low rents). Salaries for cultural institutions with national status are significantly higher than those for institutions without this status. Workers actively involved in the country’s cultural development and those with long service may be eligible for special pensions after retirement. Creative persons, winners of festivals and competitions, are awarded honorary titles, scholarships, orders and medals.
Last update: April, 2025
The Tax Code of the Republic of Azerbaijan (No.905-IQ of July 11, 2000) outlines the tax system, general principles of taxation, and rules for establishing, paying, and taxing, among other provisions. At present, there is a unified legislative and regulatory framework for taxation, and as a result, the number of regulations and compliance with laws and regulations governing tax relations has decreased; the number of taxes has reduced, which simplifies settlements with the budget of taxpayers; and the tax burden is reduced, which allows the tax system to play a regulatory (stimulating) role.
The most progressive aspect of the Tax Code is the implementation of simplified tax rates. Thus, under Article 218.1.1 of the Tax Code, individuals not registered for VAT purposes whose taxable transactions total AZN 200,000 or less in any month (or months) within a consecutive 12-month period can be payers of the simplified tax. According to Article 219.5 of the Tax Code, a legal entity paying simplified tax is not considered a VAT or profit taxpayer. Similarly, an individual (including one engaged in entrepreneurial activity without establishing a legal entity) is not considered a payer of income tax and VAT. According to article 220.10 of the Tax Code, the monthly fixed amount of the simplified tax for individuals engaged in leading, playing instruments, dancing, singing, comedy and other similar activities at weddings, parties and other events is AZN 20, and for individuals engaged in activities in the field of individual photo, audio-video services (except photo studios) is AZN 15.
Since January 2006, enterprises outside Baku have paid tax at a rate of 2%, while those registered in the capital have paid tax at 4% of their total turnover. Enterprise registration is submitted to the tax department and is usually implemented within three days.
The coverage of electronic services provided to taxpayers is also constantly expanding. In 2006, the Automated Tax Information System (AVIS) was established. In 2007, the Internet Tax Administration (www.e-taxes.gov.az) began exchanging electronic documents with banks, as well as with legal entities and individuals, establishing a system for the electronic submission of tax returns. Furthermore, since January 1, 2010, electronic invoices have been used.
Since tax policy is a crucial tool for attracting finance and investment in culture and is essential for improving the social status and welfare of culture and art workers, there is a need to develop a comprehensive package of cultural legislation further. The Criteria for enterprises, institutions, and organisations operating in the fields of science, education, healthcare, sports, and culture for tax exemption purposes were approved by Decision No. 88 of the Cabinet of Ministers, dated March 12, 2020. Legal entities (enterprises, institutions, and organisations, except commercial legal entities) that organise artistic and cultural events, prepare and distribute published products, and produce films to promote, encourage, and develop Azerbaijani culture and national cultural heritage are exempt from tax. The same applies to those that function as theatres, libraries, or museums.
Last update: April, 2025
The Constitution of the Republic of Azerbaijan (No.00 of November 12, 1995), the Labour Code (No.618-IQ of February 1, 1999) and laws On Employment (No.1196-VQ of June 29, 2018), On Trade Unions (No. 792 of February 24, 1994), and the Law on Culture (No.506-IVQ of 21 December 2012) regulate employment including in the cultural field. A unified system of salaries is in place for employees working in various public sectors, and relationships between employers and workers are typically based on a contract system. The Law on State Service (No. 926-IQ of July 21, 2000) regulates the employment of state employees at all levels.
The Decree of the President of the Republic of Azerbaijan On Measures to Establish the State Agency for Citizen Services and Social Innovations under the President of the Republic of Azerbaijan and to Improve the Services Provided to Citizens by Government Agencies (No.685 of July 13, 2012) established “ASAN service” centres. It is worth noting that ASAN centres, which enhance transparency and expedite the transition to e-services, have gained immense popularity among the population and have effectively eliminated potential corruption in interactions between officials and citizens.
ABAD (Facilitated Support to Family Business), a public legal entity managed by the State Agency for Public Service and Social Innovations under the President of the Republic of Azerbaijan, was established according to the Decree of the President of the Republic of Azerbaijan No.1047 of September 23, 2016. ABAD centres implement projects to support family businesses in the decorative and applied arts and food production. In addition, ABAD centres provide business planning, marketing, training, branding and design, financial accounting, legal assistance and, most importantly, sales organisation and equipment. Furthermore, ABAD certifies manufactured products on the principle of a “one-stop-shop” logistics and sales organisation.
The Small and Medium Business Development Agency (KOBİA) of the Republic of Azerbaijan was established by Decree of the President of the Republic of Azerbaijan No.1771, dated December 28, 2017. The goals are to improve business regulation and establish an effective coordination system to enhance the role and competitiveness of small and medium-sized enterprises in the country’s economy. In addition, they aimed to adapt the management system to modern requirements, strengthening the legal support of entrepreneurship and creating favourable conditions for developing entrepreneurship in the regions.
Sustainable and Operational Social Security Agency (DOST Agency), a public legal entity under the Ministry of Labour and Social Protection of the Population, was established according to the Decree of the President of the Republic of Azerbaijan On Additional Measures to Improve Governance in the Areas of Employment, Labour, Social Protection and security (No.229 of August 9, 2018). The DOST centres, managed by the Agency, provide services for appointing pensions, benefits, and employment and resolving other relevant issues.
Last update: April, 2025
The Republic of Azerbaijan is a state member of the following international copyright agreements:
- The Berne Convention for the Protection of Literary and Artistic Works (June 4, 1999),
- The WIPO Copyright Treaty (April 11, 2006),
- The Convention Establishing the World Intellectual Property Organization (December 25, 1995),
- The WIPO Performances and Phonograms Treaty (April 11, 2006),
- The Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (September 1, 2001),
- The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (October 8, 2005),
- The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled (December 24, 2018);
- The Agreement on Cooperation in the Field of the Protection of Copyright and Neighbouring Rights (April 5, 1996);
- The European Convention on Cinematographic Co-Production (February 5, 2002), etc.
The Law on Copyright and Related Rights (No.115-IQ of June 5, 1996) regulates the terms arising from the creation and use of scientific, literary and artistic works (copyright), also performances, phonograms, programs of air broadcasting or cable broadcasting organisations (related rights) in the territory of the Republic of Azerbaijan. The basic principles of this Law on Copyright and Related Rights are similar to those in most European countries. First, it adheres to the "continental" conception of copyright as a personal right, preferring this approach over the Anglo-Saxon vision, which emphasises the commercial aspects of copyright. Secondly, the term "author" is interpreted broadly, as it is in other countries with high copyright protection standards. Finally, authorship is not restricted to directors, scriptwriters, and composers in the audio-visual field; it extends to camera operators and set designers.
The Act also recognises related rights, performers' rights, and the rights of phonogram producers and broadcasting bodies (TV and radio). Proportional payment is more beneficial for authors and other rights holders. However, the state fixes only the minimum payment rate, and payment methods are negotiated between rightsholders and the users of their works.
The Law on Enforcement of the Intellectual Property Rights and Fight Against Piracy (No.365-IVQ of May 22, 2012) regulate the relations for ensuring the enforcement of rights of those who are holders of intellectual property rights, protection of their interests, and preventing infringements, including illegal production and distribution of the copies of intellectual property objects.
The Intellectual Property Agency of the Republic of Azerbaijan was established as a result of a merger of the Copyright Agency and Patents and Intellectual Property Agency according to the Order of the President of the Republic of Azerbaijan On Measures to Improve Management in the Field of Consumer Market Control, Standardization, Metrology and Protection of Intellectual Property Rights" (No.5 of April 20, 2018). The Intellectual Property Agency is the public legal entity providing development of the field of copyrights, related rights, rights to compilations of data and topographies of integrated circuits, rights to inventions, utility models, industrial designs, trademarks and geographical indications, rights to Azerbaijani folklore expressions (traditional cultural expressions), traditional knowledge and other expressions of intangible cultural heritage implementing single regulation and control and coordinating activity in this field.
Last update: April, 2025
The relations arising at the formation of information resources based on the creation, collection, processing, accumulation, keeping, search, and dissemination of information, at the establishment and use of information systems, technology and means for their insurance and at the protection of data are regulated with the Law on Information, Informatization and Information Protection (No.460-IQ of April 3, 1998). The most significant advantage of this law for the cultural sphere is the legal formulation of state policy regarding information resources, including documents and collections of documents in information systems (libraries, archives, funds, data banks, etc.), as well as separately existing documents and their collections.
The Law on Copyright and Related Rights (No.115-IQ of June 5, 1996) protects all translations, anthologies, and collective works, including computer programs and databases.
The Law on the National Archive Fund (No 694-IQ of 22 June 1999) protects a set of documents reflecting the material and spiritual life of the people, regardless of the type, place of creation and storage and form of ownership, having historical, scientific, economic, political, social and cultural value, considered an integral part of the cultural heritage of the Azerbaijani people.
The Law on the Legal Protection of Data Sets (No.755-IIQ of September 14, 2004) regulates legal relations arising from creating and using data compilations, regardless of their form.
The Law on Personal Data (No.998-IIIQ of May 11, 2010) regulates personal data collection, processing, and use within the national information space, governs the questions related to the cross-border transfer of personal data and establishes the rights and obligations of states, local government bodies, physical persons, and legal entities operating in this sphere.
Last update: April, 2025
According to the Constitution of the Republic of Azerbaijan (No.00 of November 12, 1995), the Azerbaijani language is the state language, and the state provides for its development. As such, the Azerbaijani language is used in all spheres of the country's political, social, economic, scientific, and cultural life.
Law on the State Language in the Republic of Azerbaijan (No.365-IIQ of September 30, 2002) defines that the Republic of Azerbaijan considers the use of the Azerbaijani language as the state language to be one of the main signs of its independent statehood, takes care of its application, protection and development, and creates the basis for meeting the national and cultural self-expression needs of Azerbaijanis around the world related to the Azerbaijani language.
The state language of the Republic of Azerbaijan is Azerbaijani, written in the Latin script. Printed products published in the state language must be issued in this alphabet. The norms of the state language encompass the orthography and orthoepy of the Azerbaijani literary language; legal entities, individuals, and officials must comply with these norms.
Regardless of the form of ownership, presenters of all television and radio channels established and operating within the territory of the Republic of Azerbaijan and broadcasting in the state language must possess excellent knowledge of and be fluent in the state language. Films and programs dubbed on television and radio channels must comply with the language norms established by the state.
All media entities (press, television, radio, etc.), book publishing and other publishing organisations in the territory of the Republic of Azerbaijan must ensure compliance with the norms of the Azerbaijani language
Last update: April, 2025
With the restoration of the territorial integrity of the Republic of Azerbaijan by requirements of resolutions, declarations and other documents of the United Nations, OSCE, OIC, ICESCO, Council of Europe, European Union, NATO, CIS, ECO, Turkic Council, GUAM, Non-Aligned Movement and et cetera, the Azerbaijani state and society are faced with the tasks of restoring the 20% of the internationally recognised territories of the Republic of Azerbaijan liberated from 30-year occupation from the consequences of total ethnic cleansing, urbicide, ecocide and culturicide, the return of internally displaced persons, ensuring their social conditions and implementing employment programs.
It must be mentioned that during the occupation period, laws of the Republic of Azerbaijan On the status of refugees and internally displaced persons (IDPs) (No.668-IQ of May 21, 1999) and On social protection of internally displaced persons and persons treated as such (No.669-IQ of May 21, 1999) were in force and continue to be in force at present, The State Program "On Resolving the Problems of Refugees and Internally Displaced Persons" (No.895 of September 17, 1998) was implemented, etc.
The First State Program on the Great Return to the Liberated Territories of the Republic of Azerbaijan, approved by Order of the President of the Republic of Azerbaijan (No.3587 of November 16, 2022), is planned to revive 100 settlements, including all liberated cities and gradually resettle 140 thousand forcibly displaced persons (34,500 families) to Karabakh and Eastern Zangezur by the end of 2026.
To revitalise business activity, attract investment to the liberated territories, and promote self-employment, residents of these areas and shareholders of legal entities based there have been granted several tax exemptions for a period of 10 years, commencing from January 1, 2023. In general, with the amendments made to the Tax Code (No.905-IQ of July 11, 2000), all areas of the real sector in the liberated territories, including trade, services, production, the construction sector, the extractive industry, and other relevant entities, are covered by tax incentives. Furthermore, the Migration Code (No. 713-IVQ of July 2, 2013) and the Labour Code (No.618-IQ of February 1, 1999) provide relevant benefits and incentive measures through applicable amendments.
Recognising its historical and cultural significance and exceptional spiritual value for the Azerbaijani people, the City of Shusha has been declared the Cultural Capital of Azerbaijan by Order of the President of the Republic of Azerbaijan No. 2632, dated May 7, 2021. The Law on the Cultural Capital of Azerbaijan – the city of Shusha (No. 338-VIQ of May 31, 2021) establishes the legal and organisational foundations for the protection, restoration, study, development, and promotion of the city of Shusha, including the establishment of the Shusha City State Reserve within the administrative borders of the City of Shusha, the cultural capital of Azerbaijan.
Last update: April, 2025
Azerbaijani society is characterised by cultural diversity, so all laws related to culture are designed to cater to a broad range of cultural needs. Some laws are general (e.g., the Law on Culture (No.506-IVQ of 21 December 2012), and others are more specific (e.g., cinematography, town planning, museums, and publishing). The Law on Culture outlines the state's policy principles and aims and establishes the duties of the government and local authorities in this area. It guarantees the right of individuals to engage in creative activity, promotes international contacts and cooperation, prevents the monopolisation of culture, and covers the preservation and development of the cultural identity and heritage of Azerbaijan and ethnic minorities historically resident in its territory. The law aimed to legalise all trends and expertise in contemporary cultural policies and practices, such as art management, cultural marketing, fundraising, and production, and it provided measures to promote creativity and public agencies and organisations working in the cultural sphere. State interference is limited to prohibiting any material that is pornographic or which encourages violence, racial, national or religious intolerance or drug addiction. The development of legal guarantees for the arts and culture in the Republic of Azerbaijan involves the complex improvement of national cultural policy legislation, the enhancement of mechanisms for implementing international conventions and bilateral agreements, and the refinement of existing practices for protecting cultural and authors' rights.
Table 2: List of existing cultural legislation
Title of the law |
Year of adoption |
On Culture |
№ 506-IVQ of December 21, 2012 |
On Copyright and Related Rights |
No.115-IQ of June 5, 1996 |
On the Protection of Historical and Cultural Monuments |
No.470-IQ of April 10, 1998 |
On Cinematography |
No.515-IQ of July 3, 1998 |
On Library Work |
No.611-IQ of December 29, 1998 |
On Museums |
No.839-IQ of 24 March 2000 |
On Publishing |
No.887-IQ of 30 May 2000-ci il |
On the Legal Protection of Azerbaijani Folklore Samples |
No.460-IIQ of 16 May 2003 |
On the Protection and Development of Azerbaijani Carpet Art |
№ 799-IIQD of 7 December 2004 |
On Theatre and Theatre Activities |
№ 222-IIIQ of 29 December 2006 |
Table 3: International legal instruments implemented by the Republic of Azerbaijan in the cultural field
Title of the act |
Year of adoption |
International Covenant on Economic, Social and Cultural Rights |
1992 |
Convention for the Protection of Cultural Property in the Event of Armed Conflict and its I and II Protocols |
1993 |
Convention Concerning the Protection of the World Cultural and Natural Heritage |
1993 |
Black Sea Convention on Cooperation in the fields of Culture, Education, Science and Information |
1995 |
Convention on the Recognition of Studies, Diplomas and Degrees concerning Higher Education in the States belonging to the Europe Region |
1996 |
Universal Copyright Convention |
1997 |
Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property |
1997 |
European Cultural Convention |
1997 |
Convention for the Protection of Literary and Artistic Works |
1998 |
Convention for the Protection of the Archaeological Heritage of Europe |
1999 |
European Convention on Cinematographic Co-Production |
1999 |
UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects |
2000 |
Convention for the Safeguarding of the Intangible Cultural Heritage |
2006 |
Convention for the Protection of the Architectural Heritage of Europe |
2008 |
Convention on the Protection and Promotion of the Diversity of Cultural Expressions |
2009 |
Last update: April, 2025
Law on Culture (No.506-IVQ of 21 December 2012) pays much attention to cultural heritage in general and its areas: immovable, movable, intangible cultural heritage, including historical and cultural monuments, cultural property, national cultural archives, underwater cultural heritage, national culinary examples, commitments to the protection of national cultural heritage and cultural values, mode of use of cultural objects, protected cultural treasures, export of cultural values, etcetera, outlined in relevant chapters.
The Law on the Protection of Historical and Cultural Monuments (No.470-IQ of April 10, 1998) defines the issues, specifies the responsibilities of state and local authorities, and lays down principles for the use, study, conservation, restoration, reconstruction, renovation and safety of historical and cultural monuments. The scope of the law encompasses archaeological and architectural objects, ethnographic, numismatic, epigraphic, and anthropological materials, as well as buildings, monuments, items related to historical events and personalities, and values associated with the people’s religious beliefs. Furthermore, the law states that privatising state-owned monuments of the world or national importance is prohibited.
The Law on the National Archive Fund (No. 694-IQ of June 22, 1999) regulates the preservation and use of national archives, determines the ownership status of state and non-state archives and documents, and establishes the legal basis for managing this immense intellectual resource.
Law on Museums (No.839-IQ of March 24, 2000) regulates relations between museums and the state, defines the duties, functions, privileges and powers of both sides, lays down detailed rules on museum activity, promotes the protection, conservation, development and enrichment of museum collections, and improves the social security position of museum workers.
Law on Specially Protected Natural Areas and Objects (No.840-IQ dated March 24, 2000) declares that specially protected natural areas and objects are the national wealth of the Republic of Azerbaijan and possess exceptional ecological, scientific, cultural, and aesthetic value. It refers to state nature reserves (including biosphere reserves), national parks, nature reserves, ecological parks, zoological parks, geological parks, dendrological parks, natural monuments, botanical gardens, health resorts, and other similar protected areas. This law establishes the legal basis for the organisation and protection of specially protected natural areas within the territory of the Republic of Azerbaijan, as well as the protection of specially protected natural objects.
The Cabinet of Ministers also approved the necessary rules and guides in this domain:
- Rules of Import, Export and Transit of Cultural Values Through the Territory of the Republic of Azerbaijan (No.294 of August 29, 2014),
- Rules of Temporary Export of Cultural Values in Connection with Exhibitions, Tours, Restoration Works, Presentations, Carrying out of International Cultural Actions (No.293 of August 29, 2014),
- Rules for the Protection, Restoration and Use of Cultural Heritage in the Republic of Azerbaijan (No.266 of 14 July 2015), and
- Provided Guarantees to the Owners of National Cultural Heritage Objects to Ensure their Protection (No.28 of February 3, 2016), and so forth.
Last update: April, 2025
Article 21.1.1 of the Law on Culture (No.506-IVQ of 21 December 2012) states, referring to Article 20.2 of the same law, that individuals, legal entities, including non-profit organisations may engage in organising art and other cultural events, including creative competitions, exhibitions, creative evenings, cultural and artistic presentations, festivals, conferences and symposiums following the corresponding laws such as On the Protection of Historical and Cultural Monuments, On the Cultural Capital of Azerbaijan - Shusha, On Publishing, On Cinematography, On Theatre and Theatrical Activities, On Library work, On Museums, On Legal Protection of Samples of Azerbaijani Folklore, On the Protection and Development of Azerbaijani Carpet Art, On Mass Media, On Copyright and Related Rights, On education and the Civil Code of the Republic of Azerbaijan. Furthermore, Article 25.1 of the Law on Culture stipulates that creative individuals who have made significant contributions to the development and promotion of culture, as well as winners of festivals and competitions, are awarded honorary titles, scholarships, and prizes. In addition, Article 45.3 of this law establishes that state funding is appropriate for the development of literature, art, design, architecture, music, choreography, theatre and circus, cinema, museums and libraries, painting and sculpture, folk art, folklore, and the implementation of projects on education and scientific research in the field of culture.
The Law on the Legal Protection of Samples of Azerbaijani Folklore (No.460-IIQ of May 16, 2003) regulates the relationships arising from the legal protection, use, and maintenance of national folklore expressions, which are a component of cultural heritage and constitute a distinct type of intellectual property. Article 6 of this law, “Requirements for the Use of Folklore Samples,” states that the use of folklore samples in traditional and customary forms, including commercial ones, is free in the territory of the Republic of Azerbaijan. Legal entities and individuals from other states may use folklore samples for commercial purposes outside the borders of the Republic of Azerbaijan only with the permission of the organisation established by the relevant executive authority and upon fee payment. That fee shall promote intellectual creativity and safeguard and enrich folklore expressions. Article 8 of the law provides that in all published works, in cases of public performance and communication of folklore samples, their source must be indicated, as well as the geographical name of the place where the folklore sample used originated and (or) the name of the people (society) to which it belongs.
The Law on Theatres and Theatre Activities (No.222-IIIQ of December 29, 2006) regulates the relations arising from the preparation and public performance of theatrical spectacles, as well as determines the legal foundations of theatrical activity and state care for theatres. Chapter IV of this law (“Exclusive right to live performance of theatrical spectacle”) defines subjects of the exclusive right in connection with the live performance of a theatrical spectacle; rights of authors, directors and performers concerning theatrical spectacle; producer's rights regarding the public performance of a theatre spectacle; responsibilities of the producer regarding the preservation of the artistic solution of a theatrical performance; and protection of rights related to theatrical performances.
Last update: April, 2025
The
The Law on Culture (No.506-IVQ of 21 December 2012) defines artisanship as intangible cultural heritage, encompassing applied, traditional, decorative, and national fine arts. Works of fine arts (including plaques, pictures, drawings, engravings, stamps, lithographs, patterns, sculptures, original art collections and montage) and works of applied art (carpets and carpet products, gold, platinum, silver, precious stones, copper and clay items, ceramics) are classified as cultural values.
Law on Legal Protection of the Samples of Azerbaijani Folklore (No.460-IIQ of May 16, 2003) also applies to examples of applied arts and folk crafts, including graphic arts, paintings, series drawings, shadow paintings, forging and carving, sculpture, ceramics, clay, mosaics, metalwork, copper and bronze castings, silkworm breeding, carpet weaving, copper smithing, jewellery, tanning, embroidery, basket-making, clothes, ornaments, patterns, musical instruments, carpentry, architectural works and other such examples.
The Law on the Protection and Development of Azerbaijani Carpet Art (No.799-IIGD of December 7, 2004) regulates the relations arising from the preservation, study, promotion, and development of Azerbaijani carpets, which are woven in the historical territory of Azerbaijan and are currently hand-woven by folk artisans, masters, and artists. This law is a brilliant example of concrete and practical visual arts and crafts legislation.
First, it underlines that the Azerbaijani carpet is a material and spiritual wealth of the Azerbaijani people, the result of intellectual activity, reflecting the aesthetic outlook, artistic talent, originality and cultural identity of the people, and provides the primary indicators of the Azerbaijani carpet as follows:
- Type of carpet (pileless and piled carpet);
- Carpet art schools (Guba, Shirvan, Derbent, Baku, Ganja, Gazakh, Borchali, Goycha, Karabakh, Nakhchivan, Tabriz, Ardabil, Zanjan, Khalkhal, Urmia, Garadagh, Marand, Maragha);
- Carpet names (names determined by the place of weaving, taste, composition, the pattern of the carpet);
- Sample (a technical project of the composition and pattern of the rug to be woven, prepared by the artist);
- Artistic features - composition of the carpet (pattern and colour arrangement), ornament (national pattern and its elements), colour (colour shades or colour solution).
Second, the relevant executive authority must compile and maintain a register of Azerbaijani carpets to create a database on the type, school, names, weaving techniques, dye composition, and artistic features of the carpets.
Third, the law provides for the certification of Azerbaijani carpets, i.e., the words "Azerbaijan" and the name of the school of carpet weaving are woven with loops on both mass-produced and individually woven Azerbaijani carpets. The carpets are certified in accordance with the procedure established by the relevant executive authority to determine their conformity and artistic significance to folk art samples.
Last update: April, 2025
Law on Library Work (No.611-IQ of December 29, 1998) defines the basic principles of state policy in the field of library work, the general foundations of library work and the library system, the requirements for the formation and protection of library funds, the sources of financing of libraries, the rights and obligations of citizens in the field of using libraries, and the principles of international cooperation in the field of library work. The main principles of state policy in library work are open access to cultural and information resources preserved in libraries, state care for libraries as national treasures, their fund's immunity, and preferred financing.
The Law on Publishing (No.887-IQ of May 30, 2000) defines the general principles of publishing, regulates the relations between publishing subjects concerning the organisation and implementation of publishing activities, and determines their rights and obligations.
Publishers, printing companies, and distributors are entirely free in preparing thematic plans and programs, selecting topics and authors, determining the circulation, price and trade supplements (discounts) of publications (except for publications financed based on state programs), and forms of communication with each other and other legal entities and individuals.
Article 68 (“Mandatory copies”) of the Law on Media (No.471-VIQ of December 30, 2021), Article 15 of the Law on Libraries (‘Provision of libraries with free compulsory copies”) and Article 22 of the Law on Publishing (“Mandatory copies”) regulate legal deposit (compulsory library copies) matters. Obligatory copies of printed materials issued by state and non-state publishing houses, polygraph enterprises engaged in publishing activities, and other legal entities must be sent to the library designated by the Ministry of Culture (three free obligatory copies) and to the libraries determined by the Milli Majlis (two free mandatory copies). Additionally, all newspapers and magazines published in the Republic of Azerbaijan must provide two complimentary copies of their publications to the libraries specified above. Electronic versions of the obligatory copies must also be submitted to libraries, as stipulated in the contract between the customer and the publisher. The use of objects in the library fund is governed by the requirements of the Law on Copyright and Related Rights (No.115-IQ of June 5, 1996).
Last update: April, 2025
The Law on Cinematography (No.515-IQ of July 3, 1998) defines the forms of state protection of cinematography and the rights and obligations of individuals and legal entities engaged in cinematographic activities. It also establishes legal guarantees for implementing state policy in protecting and developing cinematography, a specific art form. The primary forms of state support for cinematography are recognised as the following: the establishment of legislation in the field of cinematography, the preparation and implementation of the state program; ensuring the creative, educational, production, material and technical, scientific and information base of cinematography, training cinematographic personnel; state support for the protection and development of cinematography, creating conditions for the distribution and screening of films, holding film festivals and other promotional events; financing the production, distribution of movies made based on state orders and their participation in international film festivals, the filming of film chronicles and the state film fund; ensuring the creation of films for children and youth and debut films; ensuring international cooperation in the field of cinematography.
According to the Rules on Distribution and Demonstration of Films (No.165 of July 6, 2006), all films permitted for distribution and public exhibition in the territory of the Republic of Azerbaijan are registered with the Ministry of Culture and included in the State Film Register.
The Republic of Azerbaijan has seized European cooperation opportunities in film production through the Law on Accession to the European Convention on Joint Film Production (No.731-IQ of October 28, 1999). The Ministry of Culture is the authorised body of the Republic of Azerbaijan in the field of co-production provided for by the European Convention on Cinematographic Co-Production.
Law on Media (No.471-VIQ of December 30, 2021), which replaced the laws “On Mass Media” (1999) and “On Television and Radio Broadcasting” (2002), places significant emphasis on audiovisual media, including audiovisual media entities and fundamentals of their activities, broadcasters, providers, operators, broadcasting right, duties of the audiovisual broadcaster and requirements for audiovisual broadcasting, etc. The law establishes that the Audiovisual Council regulates audiovisual media in the Republic of Azerbaijan, defining its status, principles of operation, independence, areas of activity, duties and rights, management of its activities, and the terms of service for its members. Additionally, the law establishes rules for licensing in the audiovisual media sector.
According to the Rules for Maintaining the Media Register (No.1846 of September 26, 2022), the inclusion of journalists in the Media Register is voluntary. Media entities are entirely independent in issuing their licenses to journalists working with them. The law does not regulate the activities of social networks and bloggers, and Internet television stations are not required to obtain a license.
Law on Public Television and Radio Broadcasting (No.767-IIQ of September 28, 2004) outlines specific cultural obligations that public broadcasters must record performances, feature, documentary and cartoon films, serials, works of art, and important historical and cultural events on the works of Azerbaijani and world authors and keeping them in the golden fund of the public broadcaster for future generations; Programs should reflect national and spiritual values, national customs and traditions, all the diversity of culture and art. According to the Article "Requirements for public broadcasting programs" of this Law, "the programs prefer to broadcast film, TV, video, and radio products produced in Azerbaijan."
Last update: April, 2025
The responsibilities of the state in the field of culture also encompass architecture, design, advertising, and other areas of activity, as outlined in the Law on Culture (No.506-IVQ of 21 December 2012). Design works, architectural projects, parks, natural landscape objects, and architectural monuments are classified as cultural property. Architectural, archaeological, cultural, historical, religious, and secular monuments are classified as national cultural heritage. Archaeological sites, natural areas, architectural complexes of historical and artistic interest, and works of art are considered immovable cultural heritage.
The copying of cultural values and their use for advertising purposes must comply with the requirements of the Law on Copyright and Related Rights (No.115-IQ of June 5, 1996).
The Law on Architectural Activity (No.497-IQ of May 15, 1998) aims to regulate and maintain architectural harmony, preserving the architectural heritage that has given Azerbaijani cities their unique character over the centuries.
The Urban Planning and Construction Code (No.392-IVQ of June 29, 2012) devotes significant attention to landscape issues. It requires the protection of historical landscapes, cultural heritage sites, and specially protected natural areas or facilities as part of urban planning and construction activities.
The Law on Advertising (No.1281-IVQ of May 15, 2015) establishes the legal basis for relations in the field of ordering, production (preparation) and broadcasting of advertising, their control and regulation, and self-regulation in advertising.