Roadmap for the conservation of cultural heritage sites. A draft “road map” for the assessment of cultural heritage sites has been developed

Natalia Rumyantseva

On January 26, the Federation Council Committee on Science, Education and Culture held a hearing on the issue of ensuring the enforcement of the Federal Law “On Amendments to the Federal Law “On Objects of Cultural Heritage (Historical and Cultural Monuments) of the Peoples of the Russian Federation” and certain legislative acts of the Russian Federation" .

The hearings were attended by the Deputy Minister of Culture Grigory Pirumov, Minister of the Moscow Government, Head of the Moscow Department of Cultural Heritage Alexander Kibovsky, Chairman of the Committee for State Control, Use and Protection of Historical and Cultural Monuments of the Government of St. Petersburg Sergey Makarov. We were specially invited to the meeting coordinators of “Arch Supervision” Konstantin Mikhailov, Rustam Rakhmatullin, Natalia Rumyantseva.

Grigory Pirumov spoke about the progress of the Ministry in preparing the regulations necessary for the implementation of the law. Chairman of the Federation Council Committee Zinaida Dragunkina recalled that even before the law came into force, the Departments of Cultural Heritage of Moscow and St. Petersburg expressed concerns that due to the lack of necessary by-laws, its enforcement would be extremely difficult.

The meeting participants noted that the absence of federal legal acts in force at the time the law entered into force, necessary for its implementation, prevents the regions from carrying out operational work to prepare the relevant regional acts. The Ministry of Culture is recommended to ensure the implementation of the “road map”. The Federation Council Committee, together with this department, will monitor the implementation of the law.

“Arch Supervision”, for its part, not only took part in the discussion of draft legal acts regulating certain provisions of the new edition of the law “On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation”, but also prepared and sent them to the Ministry of Culture of the Russian Federation comments and additions to a number of these acts. Namely: to the draft resolution of the Government of the Russian Federation “On amendments to the Regulations on state historical and cultural expertise”, the resolution of the Government of the Russian Federation “On approval of the Regulations on zones of protection of cultural heritage objects”, the order of the Ministry of Culture of the Russian Federation “On approval of the procedure for forming and maintaining a list of identified objects of cultural heritage, the composition of information included in this list", the order of the Ministry of Culture of the Russian Federation "On approval of the procedure for carrying out work to identify objects that have signs of a cultural heritage object, and the state registration of objects that have signs of a cultural heritage object", the order of the Ministry of Culture of the Russian Federation " On approval of the procedure for approving project documentation for carrying out work to preserve a cultural heritage site included in the unified state register of cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, or an identified cultural heritage site.”

Today we are publishing our part of the roadmap for everyone to know. The following text may seem too special, but it is important: according to the updated heritage law, we will all have to live and work for more than one year.

Expanding the powers of the “advisory body for scientific and methodological support” under regional heritage protection bodies

The creation of such bodies to resolve conflict situations is absolutely correct and justified, but at the same time the procedure for the formation and qualification composition of scientific and methodological councils must be determined; they should consist of specialists in the field of protection of cultural heritage sites. In the absence of such at the regional level, the organization and activities of councils may not be professional, but formal or even bureaucratic and lobbying in nature.

In our opinion, issues regarding the conduct of work to preserve cultural heritage sites, the inclusion of objects with signs of a cultural heritage site in the list of identified cultural heritage sites and many other issues that cannot be resolved by law should be brought up for expert and professional consideration by the advisory bodies. a mandatory requirement has been established to involve experts and specialists.

Since regulation of the activities of regional and local scientific and methodological councils cannot be carried out through mandatory norms of federal legislation, then, in our opinion, there should be mechanism for re-examining controversial issues and decisions of councils at the level of the Ministry of Culture of the Russian Federation. This is especially important in the current practice of the “war of expertise.”

Such issues, in addition to those listed in the draft resolutions of the Government of the Russian Federation and orders of the Ministry of Culture of the Russian Federation, may include:

— negative decisions of security authorities on issues of establishing the historical and cultural value of objects that have signs of cultural heritage;

— negative decisions of security authorities on issues of inclusion in the unified state register of cultural heritage objects;

— decisions on the approval of design documentation for carrying out work to preserve cultural heritage sites;

— decisions on approval of projects for protection zones of cultural heritage sites.

The procedure for identifying objects that have characteristics of cultural heritage objects

In our opinion, the requirements for the application for the discovery of such an object, submitted by us to government agencies, including the attached materials, should be minimized up to possible and feasible for an ordinary citizen. In particular, expert information or information the preparation of which requires special knowledge and professional qualifications should be excluded. Such data may be part of an application for the discovery of an object that has characteristics of a cultural heritage site, but only at the request of the applicant.

In addition, the requirements for the information contained in the statement about the discovery of an object that has characteristics of a cultural heritage site are not exhaustive. The lack of restrictions and an exact list of information is a reason for a broad interpretation. Transferring to regional protection authorities the right and ability to approve the application form may entail consequences that violate or seriously limit the right of citizens and organizations to participate in the procedure for identifying cultural heritage objects.

Moreover, the inaction of regional authorities, namely the failure to approve the Application form, may formally be the basis for their refusal to accept documentation on the discovery of objects that have signs of a cultural heritage object, and, thus, identification work in certain regions may be completely blocked. We believe that the Ministry of Culture of the Russian Federation should take into account these risks and, within the framework of its powers, take measures to regulate as much as possible and completely the main stages of the identification procedure, namely: develop and approve a unified Application form about the discovery of an object that has the characteristics of a cultural heritage site.

An extremely important note is the lack of legal protection of objects that have the characteristics of a cultural heritage object before a decision is made to include them in the list of identified cultural heritage objects. In fact, objects that have signs of cultural heritage are not protected from demolition, damage or distortion during the period of consideration of the issue of their historical and cultural value. Despite the fact that this condition is not contained in the Federal Law “On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation”, this gap can be eliminated by introducing into the by-laws of the Russian Federation a rule on prohibition of work, which may lead to the destruction or damage of an object that has signs of a cultural heritage object, from the moment of receipt of the application for identification such object to the appropriate security authority.

Another cause for concern is the lack of legal regulation of the procedure for carrying out work to establish the historical and cultural value of an object that has the characteristics of a cultural heritage object, as well as the opportunity given to regions to determine this procedure independently.

Scientific and methodological support in the field of preservation and use of cultural heritage objects, the establishment of the foundations of scientific and methodological support in the field of state protection and popularization of cultural heritage objects are attributed to the exclusive powers of federal government bodies on the basis of clause 23 of Art. 9 of the Federal Law of June 25, 2002 No. 73-FZ “On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation.” In addition, according to the norms of paragraph 6 of Art. 9.1 of the same law, the federal executive body “issues mandatory guidelines and instructions for the implementation by executive bodies of the constituent entities of the Russian Federation of delegated powers.”

Thus, the Ministry of Culture of the Russian Federation, within the framework of its powers, has the right approve guidelines, which should guide regional protection authorities when making decisions on inclusion or refusal to include an object that has the characteristics of a cultural heritage object in the list of identified cultural heritage objects. Such guidelines must be taken into account when developing laws and other regulatory legal acts of the constituent entities of the Russian Federation necessary for organizing work to establish the historical and cultural value of an object that has the characteristics of a cultural heritage object, in accordance with paragraph. 2 clause 3 art. 16 of the Federal Law of June 25, 2002 No. 73-FZ “On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation” in a new reaction.

To ensure throughout the Russian Federation a uniform approach to determining the procedure for carrying out work to establish the historical and cultural value of an object that has the characteristics of an object of cultural heritage, the Ministry of Culture, in our opinion, should develop an appropriate methodology. The specified procedure for legal regulation, which involves the prescription and establishment of mandatory requirements of the federal protection body, is especially important for the formation of a systematic and unified approach to the implementation of the most important procedure for identifying and placing cultural heritage objects under protection.

Institute for Certification of State Experts in the Field of Preservation of Cultural Heritage

Provisions on early termination of the powers of experts are, of course, an important and necessary innovation in the legislation. At the same time, the list of cases in which deprivation of certification is possible should be expanded.

For example, cases of negative decisions (that is, the refusal of the advisory body to terminate certification early) are not indicated when considering the issue of unfounded conclusions contained in acts of state historical and cultural examination (see subparagraph (a) of paragraph 38, set out in paragraph 13 project). Considering that the qualification composition of the advisory body is not normatively defined, decisions on the validity or unsoundness of expert conclusions can hardly be professional.

In addition, the possibility of the Ministry of Culture of the Russian Federation considering issues of early termination of certification of experts on its own initiative, as well as at the request of members of the Certification Commission and appeals from citizens and/or organizations, is not indicated.

Summarizing what has been said, I would like to add that a mechanism for re-submission and consideration at the federal level of individual, most important issues is necessary. The system of state protection of cultural heritage objects, in our opinion, should strive for verticality through uniform and holistic regulation, part of which is possibility of appeal to the federal security authority.

The normative regulation of such an approach can be built both through local legal acts of the Ministry of Culture of the Russian Federation, and through uniform scientific and methodological support in the field of conservation and use of cultural heritage objects, establishing the foundations of scientific and methodological support in the field of state protection and popularization of cultural heritage objects . Such regulation should cover all blocks of legal relations with the participation of the federal security agency in accordance with its powers. The Institute of State Historical and Cultural Expertise in this sense will be a good experience and, possibly, a successful example of such systematization.

Much work on the formation of a regulatory legal framework is not limited to the above. So we still have to write and write, and you and the Ministry of Culture have to read and read.

Text of the document as of July 2016

Relations in the field of preservation, use, popularization and state protection of cultural heritage objects (cultural historical monuments) of the peoples of the Russian Federation are regulated by Federal Law of June 25, 2002 N 73-FZ "On cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation", Law of the Krasnodar Territory of February 6, 2003 N 558-KZ “On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation located on the territory of the Krasnodar Territory” (hereinafter referred to as the Regional Law).

In accordance with Article 130 of the Constitution of the Russian Federation, local self-government is called upon to ensure that the population independently resolves issues of local importance, including in the cultural sphere.

The powers of local government bodies in the field of protection and preservation of cultural heritage sites (historical and cultural monuments) are also regulated by the Law of the Russian Federation of October 9, 1992 N 3612-1 “Fundamentals of the legislation of the Russian Federation on culture”.

In accordance with paragraph four of Article 25 of the Law of the Russian Federation of October 9, 1992 N 3612-1 “Fundamentals of the legislation of the Russian Federation on culture”, Article 50 of the Federal Law of June 6, 2003 N 131-FZ “On the general principles of organizing local self-government in the Russian Federation” Federation" municipalities may own objects of cultural heritage (historical and cultural monuments) regardless of the category of their historical and cultural significance.

In accordance with subparagraph 18 of paragraph 1 of Article 16 of the Federal Law of June 6, 2003 N 131-FZ "On the General Principles of the Organization of Local Self-Government in the Russian Federation", Article 9.3 of the Federal Law of June 25, 2002 N 73-FZ "On Objects of Cultural Heritage (historical and cultural monuments) of the peoples of the Russian Federation" one of the issues of local importance is the preservation, use and popularization of cultural heritage sites (historical and cultural monuments) located on the territory of a settlement or urban district.

In accordance with Article 3 of the Federal Law of January 14, 1993 N 4292-1 “On perpetuating the memory of those killed in defense of the Fatherland”, the burial places of those killed in defense of the Fatherland with tombstones, monuments, steles, obelisks, fencing elements and other memorial structures and objects located on them are military graves.

Based on the above, I decide:

1. Approve:

1.1. Action plan ("road map") "Development and approval of projects for protection zones of cultural heritage sites in the city of Sochi, carrying out work to preserve cultural heritage sites, improvement and control of the sanitary condition of military burial sites" (2014 - 2018) (Appendix N 1).

1.2. List of priority objects subject to repair work in accordance with the action plan ("road map") "Development and approval of projects for protection zones of cultural heritage objects in the city of Sochi, carrying out work to preserve cultural heritage objects" (2014 - 2018) (Appendix N 2).

2. Industry (functional) and territorial bodies of the Sochi city administration ensure the implementation of the action plan ("road map") "Development and approval of projects for protection zones of cultural heritage objects in the city of Sochi, carrying out work to preserve cultural heritage objects" (2014 - 2018). ) within the established time limits in the manner prescribed by current legislation.

3. The Information Resources Department of the Sochi City Administration (Zmikhnovsky) shall post this Resolution on the official website of the Sochi City Administration on the Internet.

4. Entrust control over the implementation of this Resolution to the Deputy Head of the City of Sochi I.V. Romanets.

5. This Resolution comes into force from the date of its signing.

Mayor of Sochi A.N. PAKHOMOV

Appendix No. 1 to the Resolution of the Sochi city administration dated February 12, 2015 No. 412

EVENTS ("ROAD MAP") "DEVELOPMENT AND APPROVAL OF PROJECTS FOR PROTECTION ZONES OF CULTURAL HERITAGE OBJECTS IN THE CITY OF SOCHI, CARRYING OUT WORK ON THE PRESERVATION OF CULTURAL HERITAGE OBJECTS, IMPROVEMENT AND CONTROL OF SANITARY CONDITION OF MILITARY GRAVE PLACES" (2014 - 2018)

Head of the Culture Department of the Sochi City Administration R.G. BARSEGHYAN

Appendix No. 2 to the Resolution of the Sochi city administration dated February 12, 2015 No. 412

OBJECTS SUBJECT TO REPAIR WORK IN ACCORDANCE WITH THE ACTION PLAN ("ROAD MAP") "DEVELOPMENT AND APPROVAL OF PROJECTS FOR PROTECTION ZONES OF CULTURAL HERITAGE OBJECTS IN THE CITY OF SOCHI, CONSERVATION WORKS CULTURAL HERITAGE SITES"

On April 17 in Vyborg, in the famous Alvar Aalto library, they discussed and approved concept of preserving the historical part of the city. The document, created on behalf of the President of Russia (dated March 26, 2014), is at the final stage of development and is awaiting final approval by the Russian Ministry of Culture. The concept was presented to Vyborg society by developers - specialists from the Central Research and Production Design Workshops (TSNRPM).

The ideology of the concept for today, frankly speaking, is very desirable for all historical cities. But not everyone is so lucky. The essence of the concept is the idea of ​​preserving not individual monuments or their complexes, but the revival of the historical fabric of Vyborg, which in fact becomes a single object of cultural heritage. As explained Chief Architect of TsNRPM Sergey Kulikov, “the materials should form the basis of global systemic restoration work. We do not offer point solutions, but rather talk about the preservation of monuments in their natural environment. Vyborg needs an approach as an urbanized territory. We have created a risk map - what is restored first, what - later, and how to preserve the territories so that they work together culturally and economically.”

“We are considering this concept to set the vector for the city’s development for 20 years - this is a road map, a plan for a very complex set of activities, including engineering,” - noted Deputy Chairman of the Committee on Culture of the Leningrad Region Andrey Ermakov.

The concept analyzes the evolution of the development of the historical core of Vyborg, the preservation of the historical environment of the “Old Town” - both in general and in individual quarters, identifies cultural heritage sites in need of restoration (17 federal, 81 regional and 166 identified), and provides recommendations on modes of use land plots, stages and sequence of restoration work are outlined.

The estimated cost of the entire complex of works designed for 20 years will be determined in the summer of 2015 by the board of the Ministry of Culture of the Russian Federation. At the discussion in Vyborg, a figure of 3 billion rubles was mentioned - this is the amount estimated for carrying out complex measures, including restoration, reconstruction and construction of new facilities in order to compensate for the loss of historical buildings, and improvement of the historical territory. Plus another 1 billion rubles should be provided by regional funding. Figures were also announced on the cost and time frame for the restoration of the Park Monrepos museum-reserve - about 760 million rubles and the year of completion of work in 2018, respectively. 2.5 million euros have been allocated for restoration work on the territory of the Vyborg Castle Museum. The castle, about partial collapses of which recently “Keepers of the Heritage”, one of the most urgently needed monuments in need of restoration. Other main attractions of the city are awaiting restoration: the Clock Tower, Olaf's Tower and the Church of Hyacinth.

For the “Keepers of the Heritage” - commentary by the chief architect of the TsNRPM Sergei Kulikov:

Discussion of the concept with regional and municipal authorities is provided for in the terms of reference of the Ministry of Culture, but for us this was not a formal event: it is important that the city society understands and accepts its ideas. The discussion was heated, I was very pleased that not only officials gathered, but also experts, journalists, and concerned citizens. It was felt that for the first time in many years people felt attention to their hometown; they hope that the adoption and implementation of the concept will allow Vyborg to be preserved and developed as a historical city.

In the concept, we propose not only systemic measures for the restoration of Vyborg’s monuments, but also the “reanimation” of its entire historical territory. Monuments must exist in their natural urban environment; not only historical quarters must be restored, but also city fortifications and the “Sea façade” of the city.

Recently approved boundaries and subject of protection of the historical settlement of Vyborg. These materials will not conflict with ours: we initially collaborated with the project developers and included them in our team of authors.

In general, the concept was approved, although many sensible comments and suggestions were made - in particular, to take into account issues of transport and other infrastructural development, so that it would subsequently take place in Vyborg in accordance with the concept of its preservation, and not contrary to it. After finalization, taking into account the comments of experts and residents of Vyborg, we will submit the document for final approval to the Ministry of Culture of Russia.

The State Institute of Art Studies hosted a scientific and practical round table dedicated to the creation in the Russian Federation of a system of objective and professional assessment of the value of cultural values ​​and cultural heritage objects. As part of the round table, a presentation and discussion of a draft comprehensive action plan (“road map”) for the creation and development of such an assessment system in the Russian Federation took place.

The “Road Map” was developed by the NP SRO “Business Union of Appraisers” and the International Confederation of Antiques and Art Dealers (MKAAD).

Opening the meeting, State Secretary - Deputy Minister Grigory Ivliev emphasized the importance of developing a unified assessment system: “Such a system will help in fulfilling the task of preserving cultural heritage, which was discussed at the last Council on Culture. It is necessary to create a reliable scientific basis that will help justify and convince society of the need to finance both already created and future cultural objects.” Ivliev drew the attention of those gathered to the fact that the assessment system will allow solving many problems associated with civil legal transactions, in particular, issues related to the import and export of cultural property, the seizure of cultural heritage objects from unscrupulous owners and a number of others. The State Secretary also said that the Ministry of Culture will provide the project with the necessary support.

The presentation of the assessment system was made by the General Director of the NP SRO “Business Union of Appraisers” Irina Shevtsova.

The road map, in particular, includes:

Creation of an accreditation system for Russian experts in assessing cultural values ​​and cultural heritage sites under the Ministry of Culture;

Creation of a Center for Certification of Cultural Property, analysis and adaptation of existing assessment methods for the object “cultural property” and the formation of recommendations for their use;

Creation of professional standards in the field of assessment of cultural values ​​and cultural heritage sites;

Creation of a system of training, retraining and advanced training of specialists in the specialty “evaluator of cultural values ​​and cultural heritage objects.”

“I would like to draw your attention to the fact that we developed the presented standard only for those cases when cultural heritage objects are involved in civil legal transactions and become objects of transactions,” Shevtsova said.

During the discussion, the round table participants paid special attention to issues related to the training of appraisers. In particular, a proposal was considered to develop a professional educational program for the training of appraisers, which should be implemented by the State Institute of Art Studies, the Business Union of Appraisers and the International Confederation of Antiques and Art Dealers.

It was also proposed to create a working group to work on the project (the Ministry of Culture will be represented in it by Grigory Ivliev), to include experts from the Ministry of Culture in the work of the group “Specialist in Appraisal Activities in the Russian Federation,” which operates under the Expert Advisory Council for Appraisal Activities of the Ministry of Economic Development of the Russian Federation.

Final decisions on the further development of the project will be made at the next round table, which will be held in the near future.