Published June 30, 2020
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Table 3 - 1 in Preliminary Environmental and Social Impact Assessment 100 MW Solar PV Plant by Navoi in Uzbekistan
Authors/Creators
- 1. Associate Director, Environment and Planning
- 2. Associate Director, Ecology & Impact Assessment
- 3. Regional Director, Environment & Planning
Description
Table 3-1: National legislation, standards and guidelines applicable to the archaeology and cultural heritage study
| Law/Act/Regulation | Objective |
|---|---|
| Constitution of the Republic of Uzbekistan (2017) | The Constitution of the Republic of Uzbekistan (2017) states that “It is the duty of every citizen to protect the historical, spiritual and cultural heritage of the people of Uzbekistan. Cultural monuments shall have protection by the state” (Art. 49). |
| Criminal Code of the Republic of Uzbekistan | Article 132 states that the intentional destruction, destruction or damage of objects of tangible cultural heritage under state protection causing significant or major damage shall be punishable by a fine, obligatory community service or by correctional labour up to three years. Article states that violation of a grave or a corpse, as well as the seizure of objects located on a corpse, grave or burial ground, shall be punishable by a fine, by corrective labour up to three years, by restriction of liberty or imprisonment from three to five years. |
| Code of the Republic of Uzbekistan on Administrative Responsibility | Article 64 notes that the violation of the rules for the protection and use of objects of tangible cultural heritage shall be sanctioned by a fine on citizens and officials. Construction or destruction of protected cultural property real estate objects in protected areas in specially protected historical and cultural territories without obtaining permission shall be sanctioned by a fine or administrative arrest. |
| Law No. 269-II “On the Protection and Use of Cultural Heritage Sites (30 August 2001, as amended) | Regulates the protection and use of cultural heritage objects (CHO), which are the national property of the people of Uzbekistan. The law protects ensembles, sites, monuments, objects of tangible and intangible cultural heritage. The law defines objects of tangible cultural heritage as representing historical, scientific, artistic or other cultural value ensembles, sites and monuments; and objects of intangible cultural heritage as representing customs, historical, scientific, artistic or other cultural value, folklore (the art of word, dance, music, performance), as well as knowledge, skills, tools, artefacts related to them and folk arts and crafts, and cultural spaces. Tangible cultural heritage is divided into CHO of national and local historical, scientific, architectural, artistic and memorial significance. Designated cultural heritage comprises World Heritage properties, elements inscribed on the Representative List of the Intangible Cultural Heritage of Humanity, CHO on the State Register, historical and cultural reserves, museum reserves and historical settlements. These are maintained on the State Cadastre of tangible CHO and the List of intangible objects of intangible CHO. |
| Law No. ZRU-229 “On protection and use of the objects of archaeological heritage” (13 October 2009) | Regulates the protection and use of the objects of archaeological heritage. The state has exclusive right of ownership of the objects of archaeological heritage. Objects of archaeological heritage are subject to compulsory state registration. The Ministry of Culture issues field investigation permits and approves the scientific report for each permit issued. Specially authorised institutions in the field of protection and use of archaeological heritage objects (authorised agencies) approve the procedures for archaeological exploration, archaeological excavations and archaeological surveillance, issue open sheets and participate in the historical and cultural examination of archaeological heritage sites. |
| Presidential Decree No. PP-4068 “Concerning measures on preservation of objects of cultural and archaeological heritage” (19 December 2018) | Includes a ‘Road Map’ to radically improve the protection, conservation, scientific research, propaganda and rational use of tangible cultural heritage objects for 2019-2021. |
| Presidential Decree No. R-5181 “On improving the protection and use of objects of tangible cultural and archaeological heritage” (16 January 2018) | Required the creation of a national digital inventory, used as the basis for developing comprehensive measures to radically improve the protection, conservation, scientific study, promotion and use of objects of tangible cultural and archaeological heritage in 2018-2023. |
Notes
Published as part of McAlister, Greg, Cuthbert, Dr Brian & Bell, Iain, 2020, Preliminary Environmental and Social Impact Assessment 100 MW Solar PV Plant by Navoi in Uzbekistan in null, 1 Tanfield Edinburgh EH 3 5 DA United Kingdom :World Bank (WB) on page 42, DOI: 10.5281/zenodo.17261518
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