Armenia

Last update: January, 2015

Under the Constitution of the Republic of Armenia (Articles 8.1, 11, 31, 40, 41):

• historical and cultural monuments and other cultural values are under the care and protection of the state;
• within the framework of the principles and norms of international law, the Republic of Armenia contributes to fostering relations with the Armenian Diaspora, protecting Armenian historical and cultural values located in other countries, and promotes Armenian education and culture;
• the Republic of Armenia recognises the exclusive historical mission of the Apostolic Church as a national church in the spiritual life and development of the national identity of the people of Armenia;
• the state guarantees the existence and activity of an independent and public radio and television service offering a variety of information, cultural and entertainment programmes;
• intellectual property is protected by law;
• everyone has the right to freedom of literary, aesthetic, scientific and technical creation, to make use of scientific advancement and to participate in cultural life;
• everyone has the right to preserve his or her national and ethnic identity. Persons belonging to national minorities have the right to preservation and development of their traditions, religion, language and culture.

Last update: January, 2015

The allocation of public funds is carried out in accordance with the annual State Budget Law. Funds are allocated to the Ministry of Culture in the form of mid-term programme expenditure and in the form of current year expenditure. The funds in the ministry budget are distributed in accordance with the infra-legislative acts. Amendments to the Law are regulated by government resolutions and by orders of the Finance and Economy Minister.

The Ministry of Culture announces annual tenders for the various cultural fields (e.g. theatre, cinema) and carries out fund allocation programmes. The purchase of capital outlays, devices and equipment for cultural facilities is carried out through tenders announced by the State Agency of Purchases, which is attached to the government.

The Minister of Culture distributes funds in accordance with supremacy defined by the State Council. Deputy Ministers of Culture and heads of departments are members of the Council.

Last update: January, 2015

In 2005, the official unemployment level in the Republic of Armenia was 8.2%, however there is no separate data concerning cultural workers.

The social welfare criterion in the Republic of Armenia applies to the cultural sphere as well. No legislative changes have been made in the sphere of social welfare.

See also chapter 6.2 for information on pensions.

Last update: January, 2015

There are no legal tax benefits in the Republic of Armenia relating to cultural patronage. The VAT for cultural services and goods is 20%.

There is not yet any privilege to free cultural workers or facilities from income taxes or from any other taxes. There is no tax-free system in the Republic of Armenia; only international organisations functioning in the Republic (including the organisations realising cultural activity) are released from paying VAT during the performance of their programmes, under agreement with the government.

Although there is no law fixed in Armenia, creative workers do not pay value added taxes on the sales of their art work.

Despite the fact that during the last decade a number of cultural undertakings have been realised under private patronage, there are no tax laws to stimulate these kinds of activities by freeing donors from paying taxes or by applying a reduction system. There are no special privileges defined by the Laws on Income and Profit to benefit cultural institutions or individuals.

At the same time, there is a commission attached to the government which allows some benevolent programmes, once recognised, to be freed from paying taxes. A number of programmes are carried out by donors in Armenia in the sphere of arts and culture (e.g. "Armenia" All-Armenian Foundation, Open Society Institute Assistance Foundation, Gafesjian Foundation, Izmirlian Foundation).

Last update: January, 2015

Institutions, including cultural ones, are guided by the Labour Code (2004). Labour relations between individual art workers and cultural organisations are regulated both by law and by the provisions of agreements signed between them, in the form of typical labour or service agreements. Regarding the regulation of payments, cultural workers do not differ from other workers.

The Labour Code does not provide any separate provision for voluntary work and unintentionally considers it as a job too. Volunteers work in different fields, but without any legislative protection.

Last update: January, 2015

Implementation and preservation of copyright provisions are ongoing in the Republic of Armenia. The formation of the newly independent Armenia gave rise to new institutes in the field of intellectual property, particularly in the copyright sphere, along with the necessity for compliance with international legal acts. In the sphere of video-audio production, piracy is a major issue. The Law on Copyright and Related Rights and the Civil Code regulate the issues of intellectual property and copyright, including copyright relating to works of literature, science and the arts.

The Law on Copyright and Related Rights was adopted on 15 January 2006. The main goal of the Law is to define copyright works and subjects, to regulate more productively legal interrelations, and to ensure guarantees for the implementation of provisions in the Law. Particularly, the works' list in the cultural sphere was filled up and developed, including new directions connected with the use of information technologies (calligraphy, electronic cultural products and so on).

Recently, there was a dispute with regard to the preservation of copyright and related rights for computer typefaces, involving the creators, publishers and designers, the organisations acting in the IT sector and representatives of scientific organisations, as well as the Armenian representative of Microsoft. More efficient mechanisms for the use of documents in the legislative field were proposed, as well as standardisation and authorisation issues.

The Armenian Copyright Law is based on the European model, though it has specific local approaches. There are policies for "fair use" of copyright material, particularly for educational purposes, which is reflected in the Law.

Last update: January, 2015

In accordance with the Constitution, the state guarantees the existence and activity of an independent and public radio and television service offering a variety of information, cultural and entertainment programmes.

Last update: January, 2015

Under the Constitution, Armenian is confirmed as the state language of the Republic of Armenia. Regulation of language use is carried out by the state Language Inspectorate of the Ministry of Education and Science.

The language used in broadcasting radio and television programmes in Armenia depends on the status of the broadcaster (state or private) and the nature of the programme, although programme language is mainly Armenian. TV programmes in foreign languages, foreign language episodes of Armenian programmes, as well as the films of the Public TV Company are broadcasted in simultaneous Armenian translation. This does not include the TV programmes that are broadcasted for foreign countries and for national minorities. Since there are no state cinemas in Armenia, films are mainly shown in Russian, because the majority of the Armenian population speaks Russian and the films are distributed mainly through Russian companies, which avoid extra costs on dubbing. This practice is not in line with the requirements of the legislation on the state language. The exceptions are only the films shown during Yerevan international film fest "Golden Apricot" and within the frameworks of different cultural days, when films are presented with Armenian oral or written translation.

There is a Russian Dramatic Theatre in Yerevan and its performances are in Russian. The performances during the "Hayfest" international annual festival of theatrical troupes are performed in the languages of participating countries.

Books in foreign languages are published in Armenia under state patronage including books in the languages of national minorities.

Last update: January, 2015

The Law on freedom of conscience and religious organisations was accepted on 14 June 1991. It declares freedom of religion and belief. All citizens of Armenia, according to the Law, are free to practice any religion, or none.

Last update: January, 2015

The key normative-legal Act regulating the cultural sphere is the Law on Fundamentals of Cultural Legislation (2002), which determines the tasks of the Republic of Armenia's cultural legislation, principles of the state cultural policy, goals, approaches to the cultures of national minorities, fundamental human and civil rights and freedoms in the cultural sphere, cultural wealth of the Republic of Armenia, relations between the state and the creative workers' unions, state activities in the cultural sphere, powers of the state and local self-government bodies, financing of culture and cultural activities, types of activities of cultural non-profit organisations, and the main directions of international cooperation in this sphere.

Analysis of the Law on Fundamentals of Cultural Legislation shows a necessity to adopt legislation to regulate the separate cultural sectors (protection of cultural heritage, cinematography, works of amateur art, museums, libraries, archives, publishing businesses, artistic education, folk culture, etc).

Some of the drafts regulating the cultural sphere are at the discussion stage in the National Assembly for several years. Work on drafting of some laws is under way at the Ministry of Culture. It is anticipated to develop and submit, for adoption to the National Assembly, the following legal acts: Draft Laws on Theatre and Theatrical Activity, on Museum Collection and Museums, on Library Activity, on Non-Material Cultural Heritage and new editions of old laws such as Documents and Fundamentals of Cultural Legislation. It is also anticipated to develop and present the draft Law on National Film.

The cultural sphere is also regulated by other laws and by-laws, including Laws on Preservation and Utilisation of Immovable Monuments of History and Culture and of the Historic Environment, Immovable Monuments of History and Culture Considered State Ownership of RA and Not Subject to Alienation, Archives Activity, as well as Regulations on the State Registration, Study, Protection, Mounting, Repair, Restoration, Utilisation of Immovable Monuments of History and Culture and Transportation of Immovable Monuments of History and Culture.

The fundamental rights and freedoms of artists are prescribed by the Law on the Fundamentals of Cultural Legislation (2002). The fundamental human and civil rights and freedoms in the cultural sector are envisaged in Chapter 2 of the Law, by which every person has a right to participate in cultural life and carry out cultural and creative activity, participate in cultural values, receive appropriate education, as well as the right to export the results of their creative activity. The creators have a right to establish cultural organisations. The same Law determines that the state supports the activities of the creative workers' unions, giving them an opportunity to participate in cultural policy development and takes into consideration their proposals in the course of elaboration of programmes in the spheres of creative workers' employment, professional training, job guarantees and social security. According to Article 3 of the Law, the principle of freedom of cultural and creative activity is envisaged.

Last update: January, 2015

The Law on Preservation and Utilisation of Immovable Monuments of History and Culture and of the Historic Environment (adopted on the 11 November 1998) determines the concept of monuments of history and culture, objects of preservation and utilisation of monuments, subjects, classification of monuments, powers of the state and local self-government bodies in the sphere of preservation and utilisation of monuments and the procedure on the state registration of monuments. It also ensures preservation of monuments and the historic environment and supports the study of monuments and archaeological digs. The Law determines the repair and restoration of monuments, ownership of monuments, utilisation of monuments, financing of monument preservation and utilisation, and responsibility in the sphere of monuments preservation and utilisation.

The Law on Immovable Monuments of History and Culture Considered State Ownership of RA and Not Subject to Alienation (adopted on the 11 April 2003) regulates the types of immovable monuments of history and culture considered to be in state ownership, as well as determines the forms of use of these monuments and the areas they occupy. On this basis, the Government Decree approved The List of Immovable Monuments Considered as State Ownership and Not Subject to Alienation.

The Regulations on the State Registration, Study, Protection, Mounting, Repair, Restoration, Utilisation of Immovable Monuments of History and Culture, and Transportation of Immovable Monuments of History and Culture regulate the cultural heritage sector.

The Law on Archives Activity (adopted on 08 June 2004) regulates legal relations concerning the stocking, registration, preservation, and use of the archives collection and other archival documents (despite the right of ownership), as well as relating to the archives sector. This sector is regulated also by the Government Decrees on Exemplary List of Archival Documents with Preservation Dates (N351-N of 9 March 2006) and the Procedure of Financing of Preservation of the Republic of Armenia Archives Collection (N33-N of 17 February 2005).

The Law on Export and Import of Cultural Values regulates the processes of export and import of cultural items, determining precisely the conditions and order of exporting cultural items that are considered personal and state property. This field is regulated by the Government Decrees on Procedure of Registration on a Voluntary Basis of Non-State Cultural Values Included in the Protective List of Cultural Values and Criteria Setting (N631-N of 19 May 2005), Approval of Expertise Licensing Procedure of Movable Cultural Values and the License Type (21 July 2005 N1115-N), and Establishment of the List of Especially Valuable Cultural Values Considered to be the Cultural Heritage of the Republic of Armenia (13 October 2005 N1643-N).

The Law on Intangible Cultural Heritage regulates legal issues related to the preservation, protection and development of intangible cultural values which includes their identification, documentation, study, application, rehabilitation, and dissemination processes, as well as copyright, international cooperation and communication issues and procedures. The Law also provides a definition of the intangible cultural heritage and counts spheres circumscribed in this notion. The Law was accepted on 07 October 2009.

Pending legislative acts

The draft Law on Museums and Museum Collections of RA, regulating issues of museum management, rehabilitation, preservation, study, completion and use of museum collections as well as copy right, international cooperation, exchange and communication issues and procedures was submitted to the National Assembly for discussion and further development in 2007. Since, it has been undergoing the development and refinement process and likely to be put on the Parliament's schedule in the nearest future.

Last update: January, 2015

In 2010 the draft Law on Theatres and Theatre Activities has been developed and submitted to the National Assembly for review. It will regulate forms and mechanisms of state support to theatres and create a legal base for theatrical performances. The review process is not finished yet. The Law will be enforced as soon as it is accepted by the National Assembly.

Last update: January, 2015

Legal acts relating to these art forms have not been adopted yet.

Last update: January, 2015

The Law on Mandatory Copying of Documents, adopted on the 04 October 2005, regulates the legal and financial-economic relations concerning the delivery, permanent preservation, registration of editions, electronic publications and unpublished material of all types, preparation of a bibliography and public use of the national heritage.

According to some Decrees adopted by the government in 1997, central libraries of the library system were reorganised as regional libraries, and other libraries under community ownership.

The coordinating link of works between the state and book-publishing sphere is the Agency on Publishing of the Ministry of Culture, which is responsible for the organisation and assistance to the book-publishing sphere, as well as for providing state assistance to the non-state press and regional TV companies. The Agency works out plans and programmes for sector development, renders assistance to the activities organised by NGOs, promotes the presentation of Armenian books at the international exhibitions, fairs, etc.

The priorities in the literature sector to receive state assistance are determined by the government as advised by the authorised body on cultural issues (the Ministry of Culture). The Ministry of Culture extends financing by evaluating and choosing applications-proposals with a group of experts.

On 1 November 2007, the government adopted Decree N1285 on Approval of the Procedure of Free Distribution and Realisation of Literature Published by the State Order. The Ministry of Culture carries out free distribution and realisation of the literature published by the state order through the "Book" fund, concluding a commission agreement with it. The Ministry determines which organisations receive free literature from the "Book" fund.

On 21 March 2012 the government adopted the Law on Libraries and Library Science, regulating issues and procedures of library management, preservation, completion and use of library collections.

Last update: January, 2015

Film, video and photography

In 2002, the government adopted Fundamentals on Preservation, Distribution and Development of Cinematography, with the purpose of policy development in the cinematography sphere. This document approved the forms of organisation of state policy, fundamental principles and procedure for rendering state assistance, and the main activities and main directions of the strategy.

The main strategic directions in the cinematography sphere are film production, presentation and distribution, technology policy, international activities, and personnel training and retraining. The basic principles of the policy are the independence of cinema organisations, creation of available conditions for joining the cinematography sector, and rendering state assistance for the development of the sector.

The main purpose of the document is to ensure transition from the budget financing form of film production, distribution and presentation to the alternative financing system, which will give an opportunity to combine state assistance with different contributions from other organisations, the private sector and bank loans, under the obligatory condition to reimburse the funds given for film production, distribution and presentation by the state.

Separate legislation for regulation of the photography sphere is not envisaged.

Mass media

In 1991, after the adoption of the Law on Press and Other Mass Media in Armenia, censorship was abolished officially and freedom of the press was declared. This is a key document in the broadcasting sphere as well.

On 9 October 2000, the President signed the Law on Television and Radio adopted by the National Assembly. On 13 December 2003, the Law on Mass Information was adopted. It contains several articles relating to the protection of national heritage during broadcasting. Broadcasting companies should provide 55% of airtime on average to "native programmes", including programmes on foreign languages translated into Armenian.

Last update: January, 2015

The project of the Law on Architectural Activities has been developed by the Union of Architects of RA in 2012 and currently is undergoing the process of public discussions and further improvements prior to being sent to the National Assembly.