Based on information received from the Ministry of Culture regarding repair, restoration, reconstruction, and other works carried out without appropriate approval on historical and cultural monuments under state protection located in the Nasimi and Khazar districts of Baku, an investigation was conducted by the Department for Non-Criminal Proceedings of the Prosecutor General’s Office.
The Prosecutor General’s Office provided this information to “Elchi”.
During the investigation, it was determined that reconstruction works were carried out in violation of legislative requirements and without appropriate approval in non-residential properties, which are architectural monuments of local importance located at 81 Nizami Street and 36C Bulbul Avenue in the Nasimi district of Baku, as well as in a mosque, which is an architectural monument of local importance located in Buzovna settlement of the Khazar district.
Based on the results of the investigation, in order to prevent the recurrence of the identified violations, a prosecutor’s warning, which is an act of prosecutorial influence, was issued to the persons who committed these acts.
It was noted that according to the Law of the Republic of Azerbaijan “On the Protection of Historical and Cultural Monuments”, the protection of historical and cultural monuments is ensured by the state: “It is not permitted to change the artistic-aesthetic appearance of monuments, violate their integrity, or carry out repair, construction, restoration, reconstruction, and other works that may pose a threat to them without coordination in the manner established by legislation.
Issuance of a warning does not exclude administrative and criminal liability provided for by legislation.
Thus, according to Article 231 of the Code of Administrative Offenses of the Republic of Azerbaijan, violation of the requirements established for the protection of cultural assets, including the performance of reconstruction, restoration, conservation, and other works without appropriate approval in cases provided for by legislation, entails administrative liability.
In addition, intentional damage or destruction of cultural assets protected by the state in cases provided for by law may lead to criminal liability under Article 246 of the Criminal Code of the Republic of Azerbaijan, and acts resulting in their destruction through negligence may lead to criminal liability under Article 246-1 of the same Code.
Historical and cultural monuments are an important part of our people’s national and cultural heritage. Protecting their historical and architectural features is of particular importance in terms of passing our national heritage on to future generations.
We call on citizens and relevant persons to strictly adhere to the requirements and coordination procedures established by legislation before carrying out any repair, restoration, reconstruction, or other work on monuments under state protection.
Protecting our historical and cultural heritage is both a legal and moral responsibility.”