Cultural heritage should be protected by the state. This is evidenced by article 72 of the Russian Constitution, as well as FZ-73 "On objects of cultural heritage", which will be considered later. So, more details.
On the subject of regulation of the law
According to Article 1 of Federal Law-73 “On Objects of Cultural Heritage”, the subject of regulation of a normative act are the following points:
- the process of forming and maintaining a register of cultural objects;
- relations that arise in the field of search, preservation and use of cultural objects;
- features of ownership and disposal of cultural objects;
- compliance with the general principles of the protection of cultural objects by state bodies.
Article 2 refers to the legal regulation of the area represented. It is worth noting here that Federal Law 73 “On Objects of Cultural Heritage” is far from the only legal source that regulates relations in the field of culture. Here it is necessary to highlight, of course, the Russian Constitution, civil law, thanks to which property relations are regulated, as well as the Land Code and some other normative acts.
About cultural sites
Article 3 of the Federal Law 73 “On objects of cultural heritage” enshrines the main groups of these objects. What is worth highlighting here? According to the law, objects are objects of material culture, namely: certain types of real estate, paintings, sculptures, scientific and technical means and other elements.
What is meant by objects of archaeological culture? According to the law, these are traces of human existence hidden in the soil. The objects of archeology are mainly burial grounds, mounds, hillforts, villages, art objects, tools, etc.
Cultural objects are divided into the following types:
- Monuments, namely individual buildings or structures;
- ensembles, that is, groups of monuments;
- places of a remarkable nature, namely, especially valuable creations of man or nature.
All presented types of cultural heritage should be stored under strict state supervision. It is about the control by the authorities that will be described later.
State powers in the field of cultural heritage storage
Article 9 of the Federal Law-73 “On Objects of Cultural Heritage” establishes the main types of state functions in this area. It is worth recalling that work with cultural objects is noted in article 72 of the Constitution of the Russian Federation, which describes the delimitation of the powers of the federation and subjects. That is why regional authorities can also perform certain types of activities:
- implementation of investment policy in the field of storage of cultural objects;
- the formation and consolidation of restrictions on the use of cultural objects;
- definition of state protection policy;
- approval of targeted programs of a regional type and participation in federal ones;
- establishing the principles of work of organizations involved in the preservation of cultural heritage;
- inclusion of an object in the register of cultural heritage;
- an examination of a cultural-historical nature;
- drawing up a list of objects that are not subject to alienation;
- issuance of permits to carry out professional activities to study or preserve cultural objects;
- the implementation of other functions established by federal law.
The most important function of the state in relation to cultural objects remains, of course, control and supervision. It is about her that will be described later.
About state supervision
In article 11 of the law 73- "On objects of cultural heritage" what is meant by state supervision? This is the activity of the relevant federal bodies in preventing, suppressing, and also identifying crimes and offenses aimed at intentionally or unintentionally damaging cultural elements.
The subject of state supervision is compliance by the relevant authorities with requirements of the following nature:
- content and use of cultural objects;
- carrying out activities within the boundaries of cultural heritage objects;
- compliance with the requirements of urban planning regulations within the boundaries of the cultural object.
What rights do officials have? Here is what is highlighted in the normative act:
- request and receive information from authorities;
- unhindered inspections of relevant cultural objects;
- issuance of special requirements.
Cultural property protection authorities may be called upon by the court to participate in the relevant clerical work.
On the examination of historical and cultural nature
Historical expertise is an essential component in the field of work with objects of cultural heritage.
What kind of expertise is this, why is it needed? Article 28 of Federal Law-73 “On Objects of Cultural Heritage” (as amended in 2017) stipulates that such examinations are necessary for the following purposes:
- holding discussions on the inclusion of an object in the register of cultural heritage;
- determining the type and category of a cultural object;
- justification for changing the category of an object;
- establishing requirements for urban planning regulations;
- clarification of information about the object, etc.
Examination allows you to save cultural objects. These processes will be described below.
About the preservation of cultural objects
Article 40 of the normative act in question speaks of measures aimed at ensuring the quality of the physical safety of historical and cultural values. Work on restoration, repair, conservation - all this is included in the conservation of certain cultural objects.
Article 47.2 refers to the need to ensure funding for relevant cultural foundations involved in working with cultural objects. For non-performance of their professional duties, such funds may be held liable. This is stated in Art. 61 FZ-73 "On objects of cultural heritage." Individuals or legal entities may be subject to criminal, administrative or civil liability for violation of the norms specified in this law. Article 61 also refers to the need to compensate for damage if a cultural object has been harmed. The same goes for restoration work during archaeological events. So, the restoration of a cultural object after harming it still does not exempt from liability.
What changes were made to the law in 2017? The content of Article 52.1 and the synopsis have slightly changed in the regulatory act.