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.
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