Publishing Legislation Online Project (PLOP)

The Legal Background of the Book Sector in Central and Eastern Europe, the Balkans and Central Asia

AZERBAIJAN


Excerpts Of Texts From Laws Relevant To The Book Sector Translated Into English

Freedom to publish

Constitution

Article 47 Freedom of thought and speech.

I. Everyone may enjoy freedom of thought and speech.

II. Nobody should be forced to promulgate his/her thoughts and convictions or to renounce his/her thoughts and convictions.

III. Propaganda provoking racial, national, religious and social discord and animosity is prohibited.

Article 50. Freedom of information

I. Everyone is free to look for, acquire, transfer, prepare and distribute information

II. Freedom of mass information is guaranteed. State censorship in mass media, including press is prohibited.

Article 51. Freedom of creative activity

I. Everyone is free to carry out creative activity

II. The state guarantees freedom in literary-artistic, scientific-technical and other kinds of creative activity.

 

Law on mass media (passed on 21 July, 1992)

Article 1. Freedom of mass information.

Freedom of speech and the press of citizens guaranteed by the Constitution of the Azerbaijan Republic signifies the right to express thoughts and convictions, to look for, acquire, prepare and distribute information in any form, including mass media,

searching, acquiring, selecting, preparation and distribution of mass information,

founding of mass media,

possesion, use and order of mass media, purchase, preparation, keeping and exploitation of technical arrangements and equipment, raw stuff and materials necessary for production and distribution of mass media product,

shall not be limited in Azerbaijan Republic, with the exception of rules envisaged by the present law.

Monopolization of mass information shall not be tolerated

 

Limits of freedom to publish

Law on mass media passed on 21 Jule, 1992.

Article 4. Inadmissibility of abuse of freedom of mass information.

Use of mass media for the purpose of divulging state secret, other specially protected by the law secrets, forcible overthrow or change of existing constitutional system and state integrity, propaganda of war, violence and cruelty, national, racial, class, social, religious discrimination, animosity and intolerance, distribution of pornography, purpetration other criminal acts shall be prohibited.

Use of mass media for the purpose of infringing on private life of citizens, their honour and dignity shall be prohibited and prosecuted according to the law.

 

Article 14. Suspension and liquidation of production and distribution of mass media

Production and distribution of mass media may only be suspended or liquidated by the decision of the founder or by the court on the suit of the registration authority.

The founder has the right to stop or liquidate production and distribution of mass media only in the cases specified in the regulations of the editorial office or in the contract between the founder and editorial staff (editor-in-chief).

A basis for liquidation by the court the production and distribution of mass media is the repeated violation during a year by the founder and (or) editorial staff (editor-in-chief) the demands of Article 4 of the present Law, on the occasion of which, by the registration body, have been notified about in written form, as well as non-execution of the court's decree on stopping the activity of mass media in connection with the cases specified in the first part of this article.

If production and distribution of mass media is liquidated, its editorial staff or editor-in-chief has preference to found mass media with the same name.

In the event of production and distribution of mass media is liquidated, its registration certificate shall be considered invalid.

Article 20. Procedure of distribution.

… Preventing the distribution of production of mass media (including by means of seizure (confiscation) of its circulation or part of circulation) is not tolerated if no decree of court has been brought into force.

 

Law on State Secret passed on 15 November, 1996

Article 4. Information referable to state secret.

The following information can be referred to state secret.

1) Information in the military sphere:

on contents of administrative documents concerning preparation and fulfilment of strategical plans and operations, strategical, operative and mobilization disposition of troops, fighting ability of troops, creation and use of mobilization resources;

on directions of development of arms and military equipment, on contents and results of implementation of programs for special purpose, research and experimental-constructor work concerning creating and modelling of standards of arms and military equipment;

on number, structure and production technology of special arms, as well as technical facilities and methods of defence of their application without sanction;

on tactical and technical characteristics of models of arms and military equipment and possibility of their use in battle, on peculiarities, prescription and production technologies of new type substances of military purpose;

on disposition, purpose and level of protection of objectives with regime and of special importance, their projection and construction, as well as separation land, entrails of the earth and aquatories for these objectives;

on disposition, true names, organization structure, arms and number of units and sub-units of the Armed Forces of the Azerbaijan Republic;

on forces and means of civil defence, on disposition, purpose and defence level of object ensuring security of population and administrative management.

2). Information in the field of economy, science and technology:

on contents of preparation plans of Azerbaijan Republic and her separate zones for possible military operations, on mobilization power of industry in the sphere of production of arms and military equipment, on size and reserves of delivery of strategical raw stuff and materials used in military sphere, as well as territorial distribution and virtual amount of state material reserves;

on use of infrastructure with the purpose of ensuring defence ability and security of Azerbaijan Republic;

on activity of industry, transport and communication in Azerbaijan Republic;

on volumes of state defence order, plans, on output and delivery (in expression in money and in kind) of arms, military equipment and other defence product, on cooperative relations of enterprises producing them, on those who make the said arms, military eguipment and other defence product;

on research, experimental-constructor and project work, technologies that are of great defence and economic importance, influencing upon security of Azerbaijan Republic;

on state reserves of Azerbaijan Republic, her finance and budget policy (except generalized indices characterizing general condition of economy and finance);

3) Information in the sphere of Foreign policy:

on military cooperation of Azerbaijan Republic with other countries;

on plans of Azerbaijan Republic in the sphere of foreign policy, on instructions given to officials and delegations;

4) Information in the sphere of intelligence service, security service and operative-search activity

on forces and means, sources, methods, plans and results of intelligance service, security service and operative-search activity as well as indices clarifying the said information about financing of this activity;

about the persons who secretly cooperate or cooperated with bodies engaged in intelligence service, security service and operative-search activity;

on special communication service system, state ciphers, their methods of analyses and facilities.

on state programmes and measures in the sphere of protection of state secret.

In court examination, including preliminary investigation state secret shall be protected in the order stipulated by respective legal code.

 

Resolution 84 of the Cabinet of Ministers, dated April 16, 1998. On the Approval of Rules for issuing special permit (licence) to the activity of mass media, publishing-printing activity

VII. Stoppage of effect or liquidation of licence

7.1. In the following cases the Ministry of Information and Press shall stop the effect of licence:

7.1.1. if respective application is presented by the holder of licence.

7.1.2. if by the holder of licence were not observed the requirements of normative acts or, in accordance with legislation of Azerbaijan Republic, effect of licence was stopped by respective state bodies;

7.1.3. When the holder of licence becomes bankrupt, if the fact of bankruptcy is confirmed in accordance with the legislation of Azerbaijan Republic.

7.1.4. in case of finding out violation of necessary conditions and arrangements, reguired by the present Rules for implementing of the given type of activity;

7.1.5. in case printing enterprise violates condition of licence issued, specifically-in case of violation of copyright.

7.1.6. if printing enterprise was notified no less than twice about violation of existing standards and rules of labour and enviorenmental protection, fire-protection and sanitary rules;

7.1.7. in other cases stipulated by the legislation of Azerbaijan Republic.

7.2. The Ministry of Information and Press informs within a 5-day period from the moment of making decision about stoppage of effect of licence, in written form, the holder of licence about the decision and authorites of state taxation service.

In changing circumstances that were basis for stopping the effect of licence, on the basis of address of holder of licence the effect of licence may be renewed. Licence is considered to be restored, if decision about it is made by the Ministry of Information and Press. Within the 5-day period from the moment of making such decision, the holder of licence and authorities of state taxation service are informed about it.

8.3. Persons engaged in the types of activity indicated in the present Rules without a licence bear responsibility according to legislation in force.

 

Preconditions for regular operation in the book sector

Law on state registration of legal entities passed on 6 February, 1996

 

Article 7. Application for state registration

To implement state registration of legal entites, branches and representations of foreign legal entites, application should be sent to respective state registration authority. Application must be signed by the founder (one of the founders) or by the authorized person (persons) in an established order.

Article 8. Documents enclosed with the application for state registration by legal entity.

The following documents are enclosed with the application for state registration:

-by-laws of legal entity (terms of reference of legal entity);

-decision about establishment of legal entity, or foundation agreement, except individual (family) enterprises;

-receipt confirming payment of state registration duty;

-document with legal address of the founder (if the founder is physical person - his postal address).

If a founder (one of the founders) is a physical person his foundation agreement must be notarized.

Other documents for state registration of legal entities not specified in the present Article are enclosed with the application only when they are connected with establishment of legal entity and their presentation is reguired according to applicable legislation of the Azerbaijan Republic.

Article 9. Investigation of application

State registration body, having received application for state registration of legal entity, branch and representation of foreign legal entity:

-accepts document for consideration;

-within 10 days issues certificate of state registration or written notice with refusal in registration to the person who applied for state registration;

-accepts for inrestigation documents waiting for state registration after elimination of existing faults and within 5 days makes decision about state registration.

 

Law on ownership activity passed on 15 December, 1992

Article 10. State registration of ownership activity

1. Registration of entities engaged in ownership activity with creating legal entities shall be carried out by the bodies stated in legislation of the Azerbaijan Republic on enterprises

2. Physical persons engaged in ownership activity without creating legal entity shall be registered by taxation authorities of their place of residence and activity.

Registration of physical persons engaged in ownership activity in the Azerbaijan Republic consists in collecting and systematization of data on the fact of existence and types of their activity.

To register physical persons engaged in ownership activity, they should indicate, in a certified by the notary application, surname, name, patronymic, date and place of birth, data of identification card (series, number of document, when and by whom given), place of residence and, in general, ownership activity.

Respective state body gives, within 5 days after handing in of documents, gives a document about registration of physical person engaged in ownership activity (Addendum 1).

For registration of physical persons engaged in ownership activity, state duty shall not be collected.

Physical persons engaged in ownership activity shall be excluded from the register by (their) own application.

 

Resolution 84 of the Cabinet of Ministers, dated April 16, 1998, on the approval of Rules for issuing special permit (licence) to the activity of mass media, publishing-printing activity

In accordance with the execution of the Decree 637 of the President of the Republic of Azerbaijan, dated October 4, 1997, „On the Approval of the list of activities requiring special permit (licence)”, the Cabinet of Ministers of the Azerbaijan Republic resolves:

1. To approve "Rules for issuing special permit (licence) to the activity of mass-media, publishing-printing activity" (text of Rules enclosed)

2. The present Resolution comes into force from the day of its signing.

Approved with Resolution 84 of the Cabinet of Ministers of the Azerbaijan Republic, dated April 16, 1998

Rules for issuing special permit (licence) to activity of mass media and publishing-printing activity.

I. General

1.1 The present Rules were prepared on the basis of the Laws of the Azerbaijan Republic "On mass media" and "On ownership activity", "Regulations on issue of special permit (licence) to some types of ownership activity", approved with the Decree 543 of the President of the Republic of Azerbaijan, dated January, 27, 1997, and Decree 637 of the President of the Republic of Azerbaijan, dated October, 4, 1997 "On the Approval of the list of activiteies requring special permit (licence), and determine the procedure for issuing special permit (licence) in engaging in activity of mass media and publishing-printing activity (hereinafter-licence)

1.2. The licence, issued by the Ministry of Information and Press in accordance with the present Rules, is an official document, on the basis of which legal entities as well as physical persons, engaged in the ownership activity without creating legal entity (hereinafter-applicants), shall be permitted to carry out the following types of activity:

1.2.1. activity of mass media;

1.2.2 publishing-printing activity.

For each type of activities, mentioned in the present item, a separate licence shall be issued.

In case of diversified (of different direction) activity, applicants may have several licences.

In the context of the present Rules, printing activity implies type-setting, preparation of printing formes, process of printing itself, defining of circulation of any publications.

All mentioned processes, both in comlex form and separately, may be taken to printing activity.

The present Rules shall not apply, to enterprises engaged in copying documents.

1.2.3. Licence does not accord its holder (or owner) the right to be engaged, without permission of respective competent bodies, in printing bank notes, bonds, shares, tickets, marks, checks and other securities predestined for settlings.

1.3. Applicants may be engaged in type of ownership activity indicated in the licence only in the manner and within the term indicated in the licence, and only after obtaining a licence in accordance with the present Rules.

1.4. In case of absence of the international agreement ensuring the recognition, in the Azerbaijan Republic, of the obtained abroad licences for carrying out the types of activity indicated in the present item, foreign legal entities and physical persons, branches and representations of foreign legal entities must obtain, in accordance with the present Rules, a licence to implement such types of activity.

1.5. Owner of licence may make use of the issued licence only personally, he / she may not pass licence to others. Force of licence shall not apply to legal entities, for which the owner of the licence is a founder, to other persons carrying out their activity together with the owner of the licence, including on the basis of the concluded agreement on cooperation with him.

Temporary transfer of licence to the person acting for the owner of the licence on the basis of individual labour contract or contract-errand, shall not be considered as transfer of licence to other person.

II. Procedure of issue of licence.

2.1. To obtain a licence, applicant should present to the Ministry of Information and Press:

2.1.1. application for obtaining a licence. The Application should contain the following information:

for legal entities - name of legal entity, its organisation - legal form, legal address, account number and name of attending bank, type of activity;

for physical persons - name, patronimic, surname, information about document identifying personality (series, number, when and by whom given), adress and type of activity.

2.1.2. copy of constitutive documents of enterprise;

2.1.3. copy of certificate of state registration of enterprise.

2.1.4. for physical persons engaged in ownership activity - copy of certificate of registration by taxation authorities.

2.1.5. document confirming payment of state duty for obtaining a licence

2.1.6. copy of document confirming applicant's right to use (bases of ownership right, rent, etc.) each of objects indicated in application;

2.1.7. information about necessary conditions and requirements for issue of licence:

certificate of territorial police department in place of residence of printing enterprises - about the state of protection of these enterprises, reference of sanitary-epidemiological service and fire-prevention organ;

certificate of territorial police department about special system of admission to building (premises) where will be implemented broadcasting;

copy of the document about permit of broadcast, issued by state Tele Radio Company of Azerbaijan Republic.

Regulations on activity and certificate of sanitary-epidemiological service, fire-prevention organ.

2.2. It shall be prohibited to demand of applicant to present documents not specified in the present Rules.

2.3. Application for obtaining a licence and document specified in the present Rules shall be accepted with registration in special book of the Ministry of Information and Press, considered and, in case of absence of faults and basis for refusal, made decision about issue of licence within a 15-day period from the date of registration of application.

In case of faults in the presented documents, applicant shall be notified about in written form. After elimination of these faults and repeated presentation of documents, within 5 days these docyments are considered and respective decision is made.

In case of refusal in issue of licence on the bases specified in the present Rules, applicant shall be notified about it in written form indicating reason for refusal.

If the last day of terms indicated in the present item is non-working day, in this case date of deadline shall be considered first working day after the indicated non-working day.

2.4. Decision of refusal in issue of licence shall be made in the following cases:

2.4.1. if documents, specified in the present Rules, were not presented;

2.4.2. if the documents presented by applicant contain unauthentic and misrepresented information;

2.4.3. if there is no necessary condition specified in the present Rules for implementing of licensed type of activity.

2.4.4. if applicant or specialists, who are intended to be involved, do not possess respective qualification for implementation of licensed type of activity specified in the present Rules.

2.4.5. if the licence obtained before by this applicant for this type of activity were liquidated on the initiative of the body which issued the licence, and after liguidation of this licence passed less than 2 years.

2.4.6. if the date of applicant's address coincides with the period when effect of the licence obtained before by this applicant for this type of activity was stopped on the initiative of the body which issued the licence;

2.4.7. in other cases, envisaged by the legislation.

2.5. To obtain a licence, applicant has the right, after elimination of circumstances which were basis of refusal in issue of licence, to apply, in accordance with the present Rules, to the Ministry of Information and Press, or, if he does not agree with the decision of refusal, to appeal to the court.

2.6. If enterprise, organization or institution were liquidated or certificate, issued to physical person to carry out owner's activity, loses effect, in this case licence issued to legal entities or physical persons lose effect as well.

In reorganizing or re-naming legal entity, in changing information about the document identifying personality of physical person as well as in losing license, applicant must present within 15 days application for official reregistration of licence.

Re-registration of licence is carried out in the order established for its issue.

In period of re-registration of licence, owner of licence carries out activity on the basis of previous licence (on the basis of duplicates of licence issued on separate objects), but in case of loss of licence - on the basis of temporary permit issued by the Ministry of Information and Press (on the basis of duplicates of licence issued on separate objects), but in case of loss of licence - on the basis of temporary permit issued by the Ministry of Information and Press (on the basis of duplicates of license issued on separate objects). Temporary permit, signed by the head of the Ministry of Information and Press and certified with the seal of this ministry, shall be issued after presenting all documents for re-registration of licence.

III. Licence

3.1. The following information is indicated in licence:

3.1.1. name of the Ministry of Information and Press;

3.1.2. for legal entities - name of enterprise, organization and institution to which licence is issued;

3.1.3. for physical persons - name, patronimic, family name, information about the document identifying personality of physical person (series, number, given by whom and when), place of residence.

3.1.4. type of activity, for implementation of which the licence is issued.

3.1.5. period of validity of licence;

3.1.6. procedure for carrying out respective type of activity.

3.1.7. Registration number and date of issue of licence;

3.2. Licence is signed by the head of the Ministry of Information and Press (in case of absence of the head - by his deputy) and certified with the seal of the Ministry.

IV. Period of validity of licence.

4.1. Licence is issued for a term of 3 years.

4. 2. Extention of the period of validity of licence is carried out on procedure established for its issue.

4.3. Licence and its duplicates with expired period of validity is considered invalid.

V. Duplicate of licence

5.1. In case of implementation of licensed type of activity in territorially isolated objects, duplicates of licence on each of objects marked in the application with indiating the adress of the given object.

5.2. If after obtaining a licence applicant desires to implement his / her activity in the territorially isolated objects or increase number of such objects, in this case, to obtained duplicates of licence on new objects, applicant must present the Ministry of Information and Press the following documents;

5.2.1. application with indicating registration number and date of issue of licence, number and addresses of new objects;

5.2.2. documents about objects indicated in the present Rules in sub-items 2.1.6-2.1.7

5.3. The Ministry of Information and Press, after considering address on issue of duplicate of licence, in accordance with the items 2.3 and 2.4 of the present Rules, makes respective decision.

5.4. Dublicate of licence is a document issued the holder of licence for each object in the form of the completed form of licence, on which is indicated indecies reflected on the given licence as well as the word "Duplicate" on the right top corner and the address of the given object in the column "address".

Duplicate of licence, signed by the head of the Ministry of Information and Press, but in case of absence of the head - by his deputy, and certified with the seal of this body, is an official document which permits engaging in the given type of activity in the object indicated.

5.5. Duplicate of licence is registered by the Ministry of Information and Press.

5.6. To registrate new duplicate in case of loss of duplicate of licence, holder of licence addresses to Ministry of Information and Press.

5.7. For issue and re-registration of duplicate of licence shall not be levied fee.

 

Obligations for publishers

Law on ownership activity (passed on 15 December, 1992)

Article 7. Obligations of an owner.

Obligations of an owner are:

to attend to all obligations arising from legislation in force and concluded agreements;

to conclude agreements (contracts) with citizens who are given employment to, as well as in case of need - collective agreements with trade unions speaking in the name of labour collectives in accordance with the legislation of Azerbaijan Republic;

not to block worker's unification in trade unions;

to pay workers wages at a level not lower than minimal size fixed by the legislation of Azerbaijan Republic;

to pay, in an established order and size, deduction to state insurance fund as well as other funds created with purpose of social defence of workers;

to pay taxes established by legislation;

to create labour conditions for workers in conformity with legislation in force and agreements (contracts);

to take, following the normative acts in force, measures for ensuring environmental safety, labour protection, safety arrangement, production hygiene and sanitation, protection of architechtural and other historical monuments;

to achieve the competiteve ability of the produced goods (work, service)

to observe reguirements established by legislation on protection of copyright.

to keep, in conformity with legislation, to rules for registration, use and distribution of trade (firm) marks and signs;

to mark goods produced;

to obtain special permit (licence) for activity in the spheres to be licensed in conformity with legislation in force;

to observe antimonopolistic legislation;

to present in an established order accounts on his / her activity to state, statistical and financial bodies;

to be engaged, in war time or in other extraordinary cases, by instructions of authorized state bodies, in any legitimate form of activity not stipulated by foundation documents or not corresponding the aims shown in these documents.

 

Law on mass media passed on 21 July, 1992

Article 21. Authorization of distribution of the production of mass media.

Each separate issue of the production of mass media is distributed only after editor-in-chief's authorization for printing (ether, screen)

Distribution of the production of mass media without the imprint is prohibited.

Article 23. Obligatory copies

Obligatory free copies of periodicals, including released from registration in virtue of Article 25 of the present Law, immediatly after making initial (first) part of circulation are sent by editorial to founder, registration body, book Chamber of Azerbaijan Republic, M.F. Akhundov Azerbaijan State Library, Library of Supreme Soviet of Azerbaijan Republic, Library of President's Office of Azerbaijan Republic, Library of the Cabinet of Ministers of Azerbaijan Republic.

 

Resolution 84 of the Cabinet of Ministers, dated April 16, 1998, on the approval of Rules for issuing special permit (licence) to the activity of mass media, publishing-printing activity

VI. Rules of effect of licence and control for their observance.

6.1. In implementing the licensed type of activity owner's of licence, in accordance with the present Rules, should observe the following reguirements:

6.1.1. person, who have obtained a licence, in accordance with specificty of his activity, should:

keep to rules of safety and fire-protection arrangements as well as sanitary rules in production sections;

observe the laws of the Azerbaijan Republic "On mass media", "On State secret" and "On copyright and related to it rights".

carry out state policy, not permit distributing materials, pictures and broadcast (relaying) that are contradicting traditions of the Azerbaijan people and negatively influencing upon morals of citizens;

not tolerate monopolization of activity of mass media;

6.1.2. to keep to respective norms and existing rules of publishing.

6.2. Control on keeping to rules of effect of licence shall be carried out by the Ministry of Information and Press.

6.3. To the competence of the Ministry of Information and Press as a check concerns:

6.3.1. to implement control of observance of normative-legal acts, regulating implementation of type of activity indicated in the licence, and of reguirements of licence;

6.3.2. to inquire and acquire from holder of licence the information and references on issues arising in the course of checking -up.

6.3.3. to draw up a report on results of checking with indicating violations found out and periods of their elimination.

6.3.4. to notify the holder of licence about the necessity of elimination of violations found out.

6.3.5. to consider the issue on suspension or liguidation of effect of licence.

6.4. In the period of check-up, the holder of licence must ensure access of representatives of the Ministry of Information and Press to objects to be checked, create for them condition necessary to carry out checking, and present documents required by them.

6.5. On results of checking shall be drawn up a report in duplicate. The report is signed by representatives of the Ministry of Information and Press, and the holder of licence (head of enterprise). In case of refusal in signing of report, respective record (note) should be done about it. To the report is enclosed explanation of the holder of licence (head of enterpise). The holder of licence keeps one copy of report.

6.6. In necessary cases the Ministry of Information and Press has right to attract representatives of respective organizations to verifications, carried out as a check in accordance with the present Rules.

 

Law on library work passed on 12 March, 1999

Article 15. Providing libraries with obligatory free copies.

National library, libraries of legislative and respective executive bodies, scientific-branch libraries of republic importance and library of Baku State University have the right, in an order established by respective executive body, to get obligatory copies of publication products printed in the country.

State and non-state publishing houses, printing enterprises and other legal entities engaged in activity of publishing must send 4 free obligatory copies of their printing products to the National Library, 2 free obligatory copies - to libraries of legislative and respective executive bodies, to scientific-branch libraries of republic importance, Central Scientific Library of Azerbaijan Academy of Sciences and library of Baku State University.

 

Copyright

Law on copyright and rights related to it passed on 5 June, 1996

Chapter III. Period of Validity of copyright

Article 25. Period of validity of copyright

1. Copyright arises with creation of work, is valid in the period of author's life-time and 50 years after his death with the exception of cases specified by Article 26 of the present Law.

Protection of author's personal right is permanent.

After author's death, protection of his personal rights is implemented in accordance with Article 29 of the present Law.

2. Calculation of periods, specified by item 1 of the present Article and Article 26, begins from the beginning of the year following the year in which took place the legal fact that is basis for the beginning of period.

Article 26. Special terms of copyright

1. Copyright of the work (production), published anonymously or under the pseudonym, is valid within the period of 50 years after date of its lawful publication

If within the mentioned period the author of the work (production), published anonymously or under the pseudonym, lays his personality bare or his personality leaves no further suspision, to him shall be applied provisions of Item I of Article 25.

2. Copyright for the work, created in co-authorship, is valid within the period of the life-time and 50 years after death of the last author who out lived other co-authors.

3. Copyright for the work, firstly published within the period of 30 years after the author's death is valid within the period of 50 years after its lawful publication.

4. Rights for collective work, specified by Article 10 of the present Law, if not published, is valid within the period of 50 years from the time of its creation.

Article 27. Public property

1. After the expiry of validity of copyright for work, it becomes public property.

The work which have never been protected in the territory of the Azerbaijan Republic, is also considered to be turned into public property.

Works that became public property, with exception of provisions, specified in Item 3 of the present Article, may be freely used without payment of author's fee. In this case personal rights of authorship specified by Article 14 of the present Law shold be protected.

2. Works of Azerbaijan author's, referred to public property, may be declared state property in an order established by respective body of executive power and special fee may be determined for their use.

Special fee for using works, announced state property, shall be transferred to the account of respective body of executive power, operating in the sphere of author's rights of Azerbaijan Republic, and used with purpose of carrying the policy in the sphere of author's rights.

Chapter VI. Passage of copyrights. Author's contracts

Article 28. Passage and transfer of copyrights.

Copyright is given by author's contract and passes on by right of succession.

Article 29. Passage of copyright by right of succesion

1. Copyright passes on by right of succession according to the law or will.

Personal rights of the author, specified in Article 14 of the present Law, shall not pass on by right of succession. Heirs of the author have the right to carry out the protection of personal rights. These competences of heirs shall not be limitted by term.

2. The author has the right to indicate, in an established order, the person authorized in his will in defence of personal rights. In case of absence of such an indication about protection of author's personal rights, protection of personal rights after his death shall be carried out by heirs, but in case of their absence or completion of protection period of copyrights - by respective body of executive power, operating in the sphere of copyrights of Azerbaijan Republic for carrying the protection of these rights.

Article 30. Transfer of copyrights by author's contract

1. Property rights, indicated in Article 15 of the present Law, may be transferred by copyrights.

Transfer of property rights may be carried out on the basis of author's contract on transfer of exclusive rights (exceptional licence) or on the basis of author's contract on transfer of non-exclusive rights (non-exceptional licence).

2. By author's contract on transfer of exclusive rights (exceptional licence), author or other owner of copyrights transfers the right to use work in certain manner and within the bound established by contract to other person and thereby gives such person the right to permit or prohibit use of work by other persons.

3. By author's contract on transfer non-exclusive rights (non-exceptional licence), author or other owner of copyrights permits using this work equally with other person, who obtained permit to use this work in same manner.

4. Rights, transferred by author's contract, are considered to be non-exceptional, if the contract does not provide for another way.

Article 31. Conditions and forms of author's contract

1. In author's contract shall be determined the following: manners (ways) of using work (specific rights transfered by given contract); period and territory, on which is transfered the right; size of fee and (or) procedure of determining size of fee for each way of use of work, procedure and date of payment, as well as conditions which parties concider substantial for contract.

In case of absence in author's contract the conditions on manner of using work (specific rights granted by author's contract), contract may be considered to be concluded in a manner which parties recognize necessary to achive their desires.

In case of absence in author's contract conditions about the period, in which right is granted, the contract may be cancelled by author after the expiry of 5 years from the date of its signing, furthermore, user must be notified about it in the written form six months before concellation of contract.

In case of absence in author's contract condition about the territory, action, stipulated in the contract, is limitted with the territory of Azerbaijan Republic.

2. Author's fee is determined in the author's contract in form of percentage from income for respective manner of use of work or, if it is impossible to carry out in connection with character of work or peculiarities of its use, - in form of sum fixed in the contract or in other way.

3. Conditions of author's contract, restricting the author in creating in future works on the given theme or in the given sphere and contradicting the provisions of the present Law, are invalid.

4. Author's contract must be concluded in written form.

Import customs

Resolution 90 of the Cabinet of Ministers, dated April, 24, 1995 List of goods in groups, involved to Import Customs, in importing to the territory of Azerbaijan Republic, and rates of Import Customs

…49. published book, newspaper, other products of the printing industry, manuscripts, typed texts and plans - without levy.

 

Non-profit allowances

Law on Grant passed on 13 June, 1998

Article 5. Taxation from Grant.

1. In accordance with the order established by this law, pay and (or) any other pecuniary aid recieved as a grant on the basis of contract or decision about grant shall not be subjected to any kinds of taxes, levies and obligatory payment to State Budget.

2. In using grant, legal entities, participating in the implementation of projects and programmes, shall pay, in accordance with the legislatipon in force, income tax from the payment that they have received from recipient.

3. In using grant, physical persons, participating in the implementation of projects and programmes, shall pay, in accordance with the legislation in force, income tax from the payment that they have recived from recipient. The recipient, for paying physical persons, shall not pay obligatory payments.

4. Financial means which is at the recipient's disposal after implementation of project which was the object of grant, or financial means, entering at the recipient's disposal by means of sale of objects obtained owing to grant or given as a grant, and directed at implementing the projects and programmes, which can be the object of grant, shall not be subjected to taxation.

 

Law on profit tax of enterprises and organizations (passed on 24 December, 1996)

Article 6. Tax privileges

b) by the amount transferred to charitable organizations, ecological or sanitation funds, religious organization (amalgamations), public organizations for the disabled and their enterprises, registered in the established order, as well as by the sum of means transferred to enterprises, institutions and organizations of health care, education, social care, sport enterprises, institutions, and amalgamations, enterprises, institutions and amalgamations of cinematography, culture and art, creative unions and other amalgamations of creative workers, but the total amount of this assignement shall not exceed 1% of the taxable profit.

 

Textbook allowances

Law on Value-added Tax

Article 5. Deliverance from tax

1. The following shall be freed from paying VAT (value-added tax):

d) school textbooks, children's literature.

 

Law on authors and related to it right passed on 5 June, 1996

Article 19. Use of works for information, science, education and other purposes.

The following cases are permitted without consent of author or other owner of author's right and without paying author's fee, but on obligatory condition of indicative the author's name, and source taken

1) citing in original or in translation with scientific, research, polemic, critical and information purposes from works which have been published lawfully in the volume that is expedient for citing, including reprinting of extracts from newspaper and magazine articles in the form of review of press.

2) use of extracts from works published lawfully in publications, radio-and television programmes, audio-and video tape records of educational character at the necessary extent.

 

CPD wishes to acknowledge the help of Shakhbaz Huduoglu.