Object of cultural heritage of regional significance restrictions. Legislation in the field of conservation, use and state protection of cultural heritage sites

Objects cultural heritage peoples of the Russian Federation - these are objects in the form of real estate or other objects in the form of a monument or sculpture that have historical value. To save historical heritage, Federal Law No. 73 was adopted.

The current Federal Law includes norms and rules that contribute to the protection of the cultural heritage of the peoples of the Russian Federation. Every citizen of the Russian Federation is obliged to protect monuments and preserve sculptures. The legislation is also aimed at implementing the rights to develop and preserve information in a primary form for the creation own culture. Objects of cultural heritage (monuments, sculptures, etc.) are of particular value for the people of the Russian Federation. Such objects form part of the world's cultural heritage.

The bill was adopted on May 24, 2002, and came into force based on a decision of the Federation Council on June 14, 2002. The last amendments were made on March 7, 2017.

The Law “On Objects of Cultural Heritage of the Peoples of the Russian Federation” includes the following aspects:

Determination of the subject of regulation of the current Federal Law;
Determining the powers of authorities to preserve, use or restore historical monuments;
Providing funding for activities that contribute to the preservation, popularization and creation of one’s own cultural heritage;
Accounting for historical properties;
Conducting an examination;
Creation of methods for the preservation of historical monuments;
Definitions of situations in which property rights to such types of real estate and historical objects arise or terminate;
Listing the conditions for renting cultural heritage real estate;
Definition of liability in case of violation of current regulations Federal Law.

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The Law “On Objects of Cultural Heritage of the Peoples of the Russian Federation” includes 14 chapters and 66 articles. It also describes how to protect historical items and objects. It should be said that the protection of monuments or sculptures is one of priority tasks organs state power RF, as well as authorities local government Russian Federation. To view the latest version of the current Federal Law, please click on the following.

Latest changes made to the law “On cultural heritage sites”

According to the law, last changes were held on March 7, 2017. They touched upon the change of the name of Article 52.1 and the addition of paragraph 7.1 to this article.

Title of Article 52.1

During the last edition, the title of the article was changed, namely the word “federal” was replaced with “state”.

Addition of Article 52.1 with clause 7.1.

According to the law, additional institutions have been listed that are included in the list of those to which the authority is transferred to restore and protect monuments and sculptures.

These are:

Municipal educational organizations;
State municipal organizations;
Scientific organizations/institutions.

In addition to the above changes, the following articles are discussed below:

Article 18

Article 18 73-FZ defines the procedure on the basis of which property objects (including monuments) can be registered as cultural heritage property. In order for the characteristics of the object to correspond to cultural values, it is necessary to conduct a state historical and cultural study.

Article 25

Article 25 of the law includes the grounds on which the right to include a property in the list is determined.

In order for at least one of them to be included in the list, the monument, sculpture or other object must provide the following value:

Scientific;
Artistic;
Aesthetic;
Anthropological.

Article 45

73-FZ Article 45 describes the procedure for carrying out restoration work to preserve the integrity of real estate, including monuments or sculptures. Restoration work is carried out only after a special order from local or state authorities. In accordance with the law, before starting construction or restoration work, you must obtain permission.

To view the changes made during the last revision, download the law from the following.

A supplement to the magazine “Parish” has been published on a CD “Arrangement, preservation and construction of the temple. Architectural, construction and engineering solutions."

The CD includes articles and illustrative materials devoted to the arrangement, preservation, restoration and construction of new churches. The materials are intended for rectors and parish members whose responsibilities include these issues.

The author of most of the articles and the compiler of this publication is the architect M.Yu. Kesler, under whose leadership the Architectural and Artistic Design and Restoration Center of the Moscow Patriarchate ACC “Archtemple” developed the Code of Rules “Buildings, structures and complexes” Orthodox churches"(SP 31-103-99).

Many materials were published by the author on the pages of the magazine “Parish” and have now become difficult to access. The disk also includes other articles taken from other open sources and more fully revealing the range of issues discussed, including the spiritual foundations and traditions of Orthodox church building. For those wishing to obtain detailed information on the issues under consideration, a list of recommended literature and Internet resources is provided.

Rich illustrative material will help users of the disk find examples of architectural solutions, elements of arrangement and decoration of churches and chapels. To select a finished project, catalog sheets are attached indicating the authors who can be contacted to use the project.

Full information about the disc is available on the website of the magazine “Parish” www.vestnik.prihod.ru.

Legislation in the field of conservation, use and state protection of cultural heritage sites (historical and cultural monuments)

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 Art. 3 talks about objects of cultural heritage, which are real estate of a special kind and with a special legal regime.

According to this article, to objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation, incl. religious purposes, includes real estate objects with associated works of painting, sculpture, decorative and applied art and other objects material culture, arising as a result of historical events, representing value from the point of view of history, archeology, architecture, urban planning, art, aesthetics, social culture and are sources of information about the development of culture.

Objects of cultural heritage for religious purposes, in accordance with this law, are divided into the following types:

monuments - individual buildings, buildings and structures with historically established territories (churches, bell towers, chapels and other objects specifically intended for worship); mausoleums, separate burials; works of monumental art; objects, the main or one of the main sources of information about which are archaeological excavations or finds (hereinafter referred to as objects of archaeological heritage);
ensembles - groups of isolated or united monuments and buildings clearly localized in historically established territories: temple complexes, monasteries, farmsteads, necropolises;
places of interest - creations created by man, or joint creations of man and nature, including fragments of urban planning and development; places of religious ceremonies.

Objects of cultural heritage are divided into the following categories of historical and cultural significance:

cultural heritage sites federal significance- objects of historical, architectural, artistic, scientific and memorial value, of particular importance for the history and culture of the Russian Federation, as well as objects of archaeological heritage;
cultural heritage sites regional significance— objects that have historical, architectural, artistic, scientific and memorial value, which are of particular importance for the history and culture of the subject of the Russian Federation;
objects of cultural heritage of local (municipal) significance - objects that have historical, architectural, artistic, scientific and memorial value, and are of particular importance for the history and culture of the municipality.

Thus, historical and cultural monuments are understood only as real estate objects.

However, many of the buildings and structures are in ruins and can hardly be called historical and cultural monuments. The question arises whether the destroyed buildings are classified as cultural monuments and what percentage of destruction is necessary in order to state their complete physical destruction. It seems that this issue should be resolved more clearly in legislation.

Objects recognized as historical and cultural monuments are subject to a special legal regime and are under special legal protection. In order for a particular object to receive special legal protection, it is necessary that it be recognized as such in the manner prescribed by law. It should be borne in mind that there are no objective signs for recognizing them as such. Each time this issue is resolved individually based on the opinion of specialists.

Monuments of history and culture can be owned by any entity civil rights, however most of historical and cultural monuments are in federal state ownership. The inability of the state to provide adequate protection to cultural monuments is evidenced by the fact that over the past ten years, Russia, according to the Ministry of Culture, has lost 346 monuments of federal significance.

In this regard, the question of the need to transfer cultural monuments from federal ownership to the ownership of other subjects of civil law has long been raised.

A special regime was established for cultural heritage sites for religious purposes. So, according to paragraph 2 of Art. 50 of the Law on Objects of Cultural Heritage, objects of cultural heritage for religious purposes can be transferred into the ownership only of religious organizations in the manner established by the legislation of the Russian Federation.

On December 3, 2010, the Law “On the transfer of state or municipal property for religious purposes to religious organizations” came into force. How will religious organizations ensure proper preservation of church values transferred by the state is a question that concerns not only museum workers, but also the church organizations themselves.

Concern for the preservation of cultural heritage must be recognized as a task for the entire Church.

State system protection of cultural heritage sites (historical and cultural monuments)

The state protection of cultural heritage objects in Federal Law No. 73-FZ “On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation” is understood as a system of legal, organizational, financial, material, technical, information and other adopted by government bodies of the Russian Federation and government bodies of the constituent entities of the Russian Federation, local government bodies, within their competence, take measures aimed at identifying, recording, studying cultural heritage objects, preventing their destruction or causing harm to them, monitoring the preservation and use of cultural heritage objects in accordance with the Federal Law.

In accordance with Art. 8 of the said law religious associations has the right to assist the federal executive body, specially authorized in the field of state protection of cultural heritage objects, in the preservation, use, popularization and state protection of cultural heritage objects in accordance with the legislation of the Russian Federation.

Control over the safety of cultural heritage objects is carried out by the Federal Service for Supervision of Compliance with Legislation in the Sphere of Mass Communications and the Protection of Cultural Heritage, formed in accordance with Decree of the Government of the Russian Federation of June 17, 2004 No. 301, which is a federal executive body. It is under the jurisdiction of the Ministry of Culture and Mass Communications of the Russian Federation. According to clause 5.1.3 of the said resolution, it exercises state control over the preservation, use, popularization and state protection of objects of cultural heritage of the peoples of the Russian Federation (historical and cultural monuments), including jointly with government authorities of the constituent entities of the Russian Federation.

Sources of financing for conservation, popularization and state protection of cultural heritage sites are:

federal budget;
budgets of the constituent entities of the Russian Federation;
off-budget receipts.

At the meeting working group at the President of the Russian Federation on the restoration of cultural heritage sites for religious purposes, held on June 17, 2011 in the Kremlin, Patriarch Kirill spoke about the problem of financing the restoration of destroyed shrines in Russia. Within the framework of the federal target program “Russian Culture (2006-2011),” 1.2-1.4 billion rubles are allocated. per year for more than a thousand religious sites alone that need to be restored. In reality, about 100 billion rubles are needed to restore churches and monasteries. Patriarch Kirill emphasized that no one is asking to allocate such money in the near future, “financing needs to be correlated with real needs,” however, if the level of investment remains the same, then while some monuments will be restored, many others will be completely lost. Temples in ruins simply cannot wait their turn - examples can be found in the Yaroslavl and even Moscow regions.

“As for the preservation of our cultural heritage, this, of course, is primarily the concern of the state, although responsibility should not be removed from both the Church and the relevant institutions of civil society,” the Primate emphasized at a meeting in the Kremlin.

To make the “Culture of Russia” program more effective, the Patriarch proposed reducing the list of applications and concentrating on those objects that have already begun to be restored. “It’s better for us to finish what we started than to take on new facilities and thus put the entire program at risk,” he emphasized.

The Patriarch also did not rule out the possibility of highlighting other priorities when choosing churches that require restoration. For example, more attention can be paid to the restoration of churches, the history of which is tied to historical names, dates, and events, the Patriarch suggested. It is also wise to restore monuments that have become centers of pilgrimage and tourism.

In the Russian Federation there is a unified State Register objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation (hereinafter referred to as the register), containing information about objects of cultural heritage.

The register is a state information system that includes a data bank, the unity and comparability of which is ensured through the general principles of formation, methods and forms of maintaining the register.

The information contained in the register is the main source of information about cultural heritage objects and their territories, as well as about protection zones of cultural heritage objects during the formation and maintenance of the state land cadastre, state urban planning cadastre, other information systems or data banks that use (take into account) this information.

In accordance with the law, the register is formed by including in it objects of cultural heritage in respect of which a decision was made to include them in the register, as well as by excluding from the register of objects of cultural heritage in respect of which a decision was made to exclude them from the register, in the manner established by Federal Law.

In accordance with 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,” a Code of Restoration Rules (PSR, 2007) was developed, including recommendations for all types of research, survey, design and production work aimed at researching and preserving cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, with associated works of painting, sculpture, and decorative and applied art.

The set of restoration rules meets the requirements of the Orders of the Federal Service for Supervision of Compliance with Legislation in the Field of the Protection of Cultural Heritage (Rosokhrankultura).

However, the presence of such a document does not guarantee a professional approach to the restoration of cultural heritage. Protect Russian monuments from... restorers. This call was made at a press conference held in Moscow by leading specialists in the domestic restoration industry. And this is not a paradox. While the state entrusts the restoration of masterpieces of architecture and art to non-professionals, the country’s cultural heritage is under threat. The reason is the imperfection of legislation. According to Federal Law No. 94-FZ “On placing orders for the supply of goods, performance of work, provision of services for government and municipal needs", adopted in 2005, a competition should be held among restoration firms. Anyone who has a license can win it, which is not so difficult to obtain. As a result, the same object is completely restored different organizations. There are companies that specialize in winning competitions and then sell subcontracts to performers. If earlier the problem was that there was no money for restoration, and the monuments were destroyed over time, now there is money, but every year it goes to different companies. Masterpieces ancient Russian architecture die from too frequent changes of “guardians” who, for the sake of tasty morsel Reduce work time and lower prices.

Objects of cultural heritage are immovable objects that have cultural value for the population of Russia, and are also included in the world cultural heritage.

The concept of the objects under consideration

These objects have a special legal status. The category of objects under consideration includes:

real estate with an integral part of painting;
scientific and technical objects;
objects of decorative and applied art;
sculptures;
other cultural objects that have value from the perspective of various sciences, technology and social culture, are monuments and serve as evidence of the original birth of culture and its subsequent development.

Objects of cultural heritage include: built-in real estate (memorial apartments), buildings located separately, as well as ensembles and complexes of various buildings, structures and other structures. Moreover, these objects may be completely preserved, or they may be partially destroyed or be an integral part of objects of a later period.

Legal framework of the objects under consideration

The laws on cultural heritage sites in force in our country include:

Federal Law No. 73-FZ.
The law of the RSFSR, adopted in 1978 in part that does not contradict modern legislative framework RF.
Regulations of the USSR Council of Ministers “On the protection and use of historical and cultural monuments” of 1982 in the same part.
Instruction No. 203 of the USSR Ministry of Culture of 1986, in the same part.

Signs of the objects in question

Objects of cultural heritage of the Russian Federation must have the following characteristics:

Real estate. Thus, movable property a priori does not belong to the objects in question.
Historical and cultural value. If we take into account only the “real estate” attribute, then the objects under consideration can include all apartments, dachas, and garages that exist in the country. Therefore, the subject of interest to us includes objects that have a certain scientific and technical interest (value) for various sciences and social culture. This value is determined in the process of implementation historical and cultural expertise, which is carried out at the initiative of the state.
Age. Except memorial apartments and houses that were recognized as subject properties as a result of the fact that people lived there prominent figures, the remaining monuments are included in the register of cultural heritage objects after at least 40 years from the moment of their creation or the occurrence of events of historical value.
Special status. This status is acquired in a certain order by inclusion in the state register and state list by decision of certain executive authorities.

The presence of these 4 features in combination makes it possible to talk about the object in question as an object of cultural heritage.

Classification

All historical and cultural monuments under consideration are divided into places of interest, ensembles and monuments.

Ensembles are a group of cultural heritage objects that arose at the same time or complemented each other in the process historical development on one territory, as a result of their combination a single composition is formed.

Ensembles include monuments and structures located in areas that can be uniquely localized in territories that have developed historically, including those with religious purposes, as well as fragments of various settlements (buildings and layouts), which belong to urban planning ensembles; parks, boulevards, squares, gardens, as well as necropolises.

Places of interest include:

creations that were created anthropogenically or with the participation of nature;
the same fragments that can be classified as ensembles;
centers of historical settlements;
various places associated with the formation of ethnic groups on the territory of our country;
ruins of the ancients settlements and parking;
places where various kinds of rituals related to religion were performed;
reserves recognized as cultural heritage sites.

Types of monuments

Monuments have a more complex classification. Let's take a closer look at it.

Monuments as objects of cultural heritage arose as a result of certain historical events. On currently they represent evidence of civilizations, eras when culture began to emerge and develop.

In this type, the following subspecies are distinguished:

separate various buildings with the territories in which they are located historically;
separate rooms for different religious denominations;
separate burials and mausoleums;
traces of human existence underground or water, which may be completely or partially hidden, as well as movable objects related to them;
scientific and technical facilities, including military ones;
works of monumental art;
memorial apartments.

In addition, monuments are classified into monuments of history, urban planning and architecture, and archaeology. Their belonging to one of the varieties is determined during the preparation of state registration documents for these objects and is established during the approval of the list of acceptance of these objects for protection.

Examples of objects in question in the world

Examples of cultural heritage sites are cities (Athens, Rome, Venice, Prague, Jerusalem, Mexico City), ancient palaces, temples, religious centers (for example, the Taj Mahal), the Great Wall of China, the Egyptian pyramids, Stonehenge, Olympia and Carthage (their ruins).

Russian national cultural heritage

There are federal facilities in our country great amount. These include, for example, the Likhachev house in Tatarstan, the Vladimir Church in Cheboksary, the Caucasian Riviera sanatorium complex in Sochi, the building of a girls’ gymnasium in Krasnoyarsk, people's house in Vladivostok, the State Bank building in Khabarovsk, Trinity Church in Bryansk, Ivanovo, Kirov, ensemble of the Resurrection Church in Vladimir region, many residential buildings in the Vologda region and Irkutsk, the Lutheran Church in Voronezh, the ensemble of St. Basil's Church in Kaluga and a huge number of others located, including in Moscow and St. Petersburg.

There are also many regional and local facilities. Each subject of the federation has its own register of cultural heritage objects in which they are listed.

World cultural heritage sites in our country

There are 16 sites designated by UNESCO in Russia.

There are not many of these objects, so let’s look at them in more detail.

One of them is transboundary: Struve Geodetic Arc (Baltic states, Moldova, Russian Federation, Belarus, Norway, Sweden, Ukraine, Finland).

The center of St. Petersburg, which has preserved its historical appearance with a group of monuments associated with it. These include many canals, bridges, the Admiralty, the Hermitage, the Winter and Marble palaces.

Kizhi Pogost is located in Karelia on the islands of Lake Onega. There are two wooden churches from the 18th century. and a wooden bell tower from the 19th century.

Red Square with the Kremlin located on it in Moscow.

Monuments of the history of V. Novgorod and its suburbs with many medieval monuments, monasteries, churches.

Complex of history and culture of the Solovetsky Islands. Here is the largest monastery in the north, built in the 15th century, as well as churches of the 16th-19th centuries.

Monuments made of white stone and located in Suzdal and Vladimir, consisting of many religious buildings of the 12th-13th centuries.

Trinity-Sergius Lavra ( architectural ensemble) - a monastery with the features of a fortress. The tomb of B. Godunov is located in the Assumption Cathedral. The icon of A. Rublev “Trinity” is located in the monastery.

Church of the Ascension (Kolomenskoye, Moscow) is one of the first churches in which the tent is made of stone, which influenced the subsequent development of church architecture in Russia.

The Kremlin in Kazan is a complex of history and architecture. There are several historical buildings from the 16th to 19th centuries. Civil buildings are adjacent to Orthodox and Muslim churches.

Ferapontov Monastery (ensemble) - monastic complex of the XV-XVII centuries. in the Vologda region.

Derbent with fortress walls, Old city and the Citadel - was a strategically important site until the 19th century.

Novodevichy Convent (ensemble) - was created in the 16th-17th centuries. and was part of the Moscow defense system. Refers to the masterpieces of Russian architecture; representatives of the Romanovs were placed here, where they were tonsured and then buried, as well as representatives of noble boyar and noble families.

The Struve geodetic arc includes geodetic “triangles”, which were laid down by Struve, who with their help first measured the large arc of the earth's meridian.

Yaroslavl ( historical Center) - a bunch of churches XVII century, Spassky Monastery of the 16th century.

Bulgarsky complex is located on the banks of the Volga south of Kazan. It represents evidence of the existence in the 7th-15th centuries. city of Bulgar. Here we can trace the historical continuity and differences between different cultures.

Tauride Chersonesus with a choir - located on the territory of Crimea, was destroyed in the 14th century, after which it was hidden underground in the 19th century. excavations began.

Office for the Protection of Cultural Heritage Sites

In different regions of our country these departments are called differently. So, in Oryol region it is called the Department for State Protection of Cultural Heritage Objects, the Ministry of Culture and national policy- in Bashkortostan, Department of Culture and Art - in Kirov region etc.

In general, all of them are institutions (or also perform the functions of departments) for the protection of cultural heritage sites.

These bodies are regional, which carry out executive, administrative and supervisory functions in the field of protection of the above-mentioned objects, contribute not only to their preservation, but also to their popularization.

Finally

The objects considered in the article include various monuments, which can be located singly or collected in ensembles, as well as places of interest. In our country there are federal, regional and local in relation to national facilities, in addition, in different corners countries there are objects world heritage UNESCO. Work on the preservation of cultural heritage objects is entrusted to the relevant departments, departments, committees in the regions, and for federal objects - the Ministry of Culture of the Russian Federation with its territorial representative offices.

Cultural heritage must be protected by the state. This is evidenced by Article 72 of the Russian Constitution, as well as Federal Law-73 “On Objects of Cultural Heritage,” which will be discussed further. 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 following points are subject to regulation of the normative act:

the process of forming and maintaining a register of cultural objects;
relationships that arise in the field of searching, preserving and using cultural objects;
features of ownership and disposal of cultural objects;
compliance with general principles of protection cultural sites government agencies.

Article 2 talks about the legal regulation of the represented area. 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 legislation, thanks to which property relations are regulated, as well as Land Code and some other regulations.

About cultural sites

Article 3 of Federal Law 73 “On Objects of Cultural Heritage” establishes 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, works of painting, sculpture, scientific and technical means and other elements.

What is meant by objects archaeological culture? According to the law, these are traces of human existence hidden in the soil. The objects of archeology are mainly fortifications, settlements, objects of art, tools, etc.

Cultural objects are divided into the following types:

monuments, namely individual structures or buildings;
ensembles, that is, groups of monuments;
places of interest, namely particularly valuable creations of man or nature.

All presented types of cultural heritage must be stored under the strict supervision of the state. It is about control by the authorities that will be discussed further.

Powers of the state in the field of storage of cultural heritage

Article 9 of Federal Law-73 “On Objects of Cultural Heritage” establishes the main types of government functions in the area under consideration. It is worth recalling that work with cultural objects is noted in Article 72 of the Constitution of the Russian Federation, which talks about the delimitation of powers of the federation and its constituent entities. That is why regional authorities can also perform certain types of activities:

The most important function of the state in relation to cultural objects remains, of course, control and supervision activities. It is about her that will be discussed further.

About state supervision

In Article 11 of Law 73-FZ “On Objects of Cultural Heritage,” what is meant by state supervision? This is the activity of the relevant federal bodies to prevent, suppress, and identify crimes and offenses aimed at intentional or unintentional damage to elements of culture.

The subject of state supervision is compliance by the relevant authorities with the following requirements:

maintenance and use of cultural objects;
carrying out activities within the boundaries of cultural heritage sites;
compliance with the requirements of urban planning regulations within the boundaries of a cultural object.

What rights do they have? officials? This is what is highlighted in the regulation:

requesting and receiving information from authorities;
unhindered inspections of relevant cultural objects;
issuance of special instructions.

Bodies for the protection of cultural objects may be involved by the court to participate in the relevant paperwork.

On conducting an examination of a historical and cultural nature

Historical expertise is the most important component in the field of working with cultural heritage objects.

What kind of examination is this, why is it needed? Article 28 of Federal Law-73 “On Cultural Heritage Objects” (as amended in 2017) states that holding this kind examinations are necessary for the following purposes:

holding discussions regarding the inclusion of a particular 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;
clarifying information about the object, etc.

Carrying out an examination allows you to preserve cultural objects. It is these processes that will be discussed further.

On the preservation of cultural objects

Article 40 of the normative act under consideration speaks of measures aimed at ensuring high-quality physical preservation of historical and cultural values. Restoration, repair, conservation work - all this is included in the conservation of certain cultural objects.

Article 47.2 refers to the need to provide funding for relevant cultural funds involved in working with cultural objects. Such funds may be held liable for failure to fulfill their professional duties. This is stated in Art. 61 Federal Law-73 "On objects of cultural heritage". Individuals or legal entities may be subject to criminal, administrative or civil liability for violating the norms specified in the law in question. Article 61 also refers to the need to compensate for damage if damage has been caused to a cultural object. The same applies to restoration work during archaeological activities. Thus, restoration of a cultural object after causing damage to 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.

The concept of a cultural heritage object (historical and cultural monuments)

The concept of “cultural heritage objects” has been included in legal circulation relatively recently. One of the first legislative acts where this term appears is the Fundamentals of the Legislation of the Russian Federation on Culture (Article 41), adopted by the Supreme Council of the Russian Federation in 1992. At the same time, in the RSFSR Law “On the Protection and Use of Historical and Cultural Monuments,” as well as in industry-specific regulatory legal acts issued before the collapse of the USSR, the term “historical and cultural monuments” was used. Currently, the concepts of “cultural heritage objects” and “historical and cultural monuments” are used in Russian legislation as identical to designate real estate that has historical and cultural value. Along with the above concepts, federal legislation uses similar ones in meaning, but having independent meaning terms: “cultural values”, “cultural heritage”, “cultural heritage”, “identified objects of cultural heritage”, “objects that have the characteristics of a cultural heritage object”, “objects of historical and cultural value”, “objects of archaeological heritage” .

In the Constitution of the Russian Federation, which enshrines cultural human rights and freedoms, the terms “cultural values”, “historical and cultural monuments”, “historical and cultural heritage” are used to designate values created by people (Articles 44, 72).

The essence of the term “cultural heritage”, as follows from dissertation research and published scientific works, V to a lesser extent Scientists are interested in the essence of cultural values. As an independent concept, it is relatively rare in national legislation and is used mainly in relation to movable and immovable cultural property created in the past and belonging to peoples Russian Federation. IN in rare cases Russian legislation provides for the classification of intangible assets as cultural heritage. Thus, according to the preamble and Article 11 of the Federal Law of December 18, 1997 N 152-FZ “On the names of geographical objects”, the names of geographical objects are integral part historical and cultural heritage of the peoples of the Russian Federation. As a rule, the term “cultural heritage of the peoples of the Russian Federation” is used in regulatory legal acts in combination with the word “objects”.

In the legal literature, the point of view has been repeatedly expressed about the identity of the concepts “cultural values” and “cultural heritage” used in existing international legal documents. Boguslavsky M.M. Cultural values in international circulation: legal aspects. M.: Yurist, 2005. P. 17; Potapova N.A. International legal problems of the protection of cultural property and legislation of the Russian Federation: Author's abstract. dis. ...cand. legal Sciences: 12.00.10. M., 2001 However, this conclusion cannot be extrapolated to national legislation. In our opinion, cultural heritage occupies an intermediate position between cultural values and objects of cultural heritage. The difference between cultural heritage and cultural values is that cultural heritage always has the property of antiquity. The relationship between these concepts can be presented as follows: not every cultural value can relate to cultural heritage, but everything that belongs to cultural heritage is a cultural value.

It should be noted that many researchers studying the problems legal protection cultural heritage, give their own scientific definitions this concept and propose to use them as legal definitions. So, E.N. Pronina proposes to understand cultural heritage as “the totality of material and spiritual cultural values created in the past, inherited and adopted from previous generations and important for the preservation and development of the identity of the people, regardless of their origin and owner.” Pronina, E.N. Technical and legal study of the legislative definition of “cultural heritage objects” / E.N. Pronina.//Law and State. -2009. - No. 6. - P. 138 -140

A number of scientists have examined cultural heritage from cultural and philosophical points of view. K.E. Rybak believes that cultural heritage should be understood as “the totality of objects of material culture and joint creations of man and nature, regardless of their location, as well as objects of spiritual culture that are significant for the preservation and development of local cultures that have universal value for culture (art, science ) and promoting respect for cultural diversity and human creativity.” Rybak K.E. Convention for the Protection of the Underwater Cultural Heritage and Protection of Cultural Values // Culture: management, economics, law. - 2006. According to A.A. Kopsergenova, cultural heritage is the totality of all cultural achievements society, its historical experience, stored in the arsenal of social memory. “The essence of cultural heritage,” she notes, “is those values that are created previous generations, are of exceptional importance for the preservation of the cultural gene pool and contribute to further cultural progress.” Kopsergenova A.A. Cultural heritage: philosophical aspects of analysis: Dis. ...cand. Philosophy: 09.00.13. Stavropol, 2008. 184 p. From the point of view of A.P. Sergeev, cultural heritage forms “the totality of material and spiritual cultural values inherited from past eras that are subject to preservation, critical assessment, revision, development and use in accordance with the specific historical tasks of our time.” Sergeev A.P. Civil protection of cultural property in the USSR. L.: Publishing house Leningr. Univ., 1990. pp. 16 - 17. A.A. Mazenkova considers cultural heritage as an information subsystem of culture that has significance (positive or negative) and is based on the experience of previous generations. "Within systematic approach, she notes, cultural heritage is sociocultural system values, preserving sociocultural experience based on the characteristics of collective memory.” Mazenkova A.A. Cultural heritage as a self-organizing system: Author's abstract. dis. ...cand. Philosophy: 24.00.01. Tyumen, 2009. P. 12. S.M. Shestova understands cultural heritage as a set of historical and cultural monuments. Shestova S.M. Historical and cultural analysis of normative regulation of the protection and use of historical and cultural monuments in Russia: Author's abstract. dis. ...cand. cultural Sciences: 24.00.03. St. Petersburg, 2009. P. 16

In general, we can agree with what was proposed by E.N. Pronina's definition of cultural heritage. This concept can be used in relation to any cultural values (tangible and intangible, movable and immovable) created in the past, regardless of whether these values are included in special lists (registers). Such cultural values may have a certain cultural significance, as for individual nations, municipalities, states, as well as other state entities within states and for the entire world community.

In modern Russian legislation in relation to immovable cultural assets created in the past, the term “objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation” is used. This term is relatively new. The 90s of the last century were characterized by instability of the concepts used in regulatory legal acts to designate immovable monuments of history and culture. In a number of acts, along with this concept, other terms were used: “objects of historical and cultural heritage”, “objects of historical and cultural heritage”. A special category included “particularly valuable objects of the cultural heritage of the peoples of the Russian Federation.”

Since 2001, the term “cultural heritage objects” has already been firmly rooted in Russian legislation. This is due to the fact that in 2001 several important federal laws were adopted, which already took into account the new conceptual apparatus of the draft sectoral Federal Law “On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation” considered in the State Duma of the Federal Assembly of the Russian Federation. With the adoption of Federal Law No. 73-FZ in June 2002, we can talk about a final update conceptual apparatus, formed in Soviet era. New concepts and their definitions were included in the legal circulation. It should be emphasized that modern understanding the term “historical and cultural monument” does not correspond to its understanding in the meaning defined by the 1976 USSR Law “On the Protection and Use of Historical and Cultural Monuments” (later - the 1978 RSFSR Law of the same name).

Unlike the previous definition, modern definition This concept, enshrined in Article 3 of Federal Law No. 73-FZ, excludes movable and intangible cultural assets. Some researchers see this as a drawback and propose to include movable things in the legal definition of the concept “objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation.” Alexandrova M.A. Civil legal regime of cultural property in the Russian Federation: Author's abstract. dis. ...cand. legal Sciences: 12.00.03. St. Petersburg, 2007. P. 11. Others consider it necessary to separate movable and immovable property into separate legal categories. So, K.A. Dikanov proposed to understand “cultural values” only as movable property, and “historical and cultural monuments” as real estate. In his opinion, the unifying (generic) concept should be the term “objects of cultural and historical heritage.” Dikanov K.A. Combating criminal attacks on cultural values: criminal legal and criminological aspects: Abstract of thesis. dis. ...cand. legal Sciences: 12.00.08. M., 2008. P. 13. From our point of view, the allocation of immovable cultural property to a special legal category is justified. First of all, this is due to the fact that in relation to immovable and movable things, due to their natural properties, a different legal regime is established. Also, public relations that develop regarding real estate have their own characteristics and are regulated not only by civil, administrative and criminal legislation, but also by land legislation, legislation on urban planning and architectural activities. Respectively, legal regulation public relations arising regarding movable and immovable cultural values should be carried out separately. However, we cannot agree that cultural values should be understood only as movable things. This approach does not correspond to the modern doctrinal interpretation of cultural values.

The main disadvantage of those formulated in the literature scientific definitions the concept of “historical and cultural monuments” is that monuments are considered exclusively as special kind property having a set specific signs, properties and therefore subject to conservation in the interests of a particular society, regardless of the will of a person.

The legal definition of the concept of “cultural heritage objects”, enshrined in Article 3 of Federal Law N 73-FZ, has been deservedly criticized by scientists and practitioners. Some of them came to the conclusion that this definition does not reflect the necessary essential features of the objects under study and, in general, is amorphous and artificial in nature. Aleksandrova M.A. Op. op. pp. 10 - 11. It’s hard to disagree with this. However, consideration this issue will not be complete without an analysis of other terms close in meaning that make up the conceptual apparatus of Federal Law N 73-FZ.

Article 3 of this Law establishes the definition of “cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation” and a new classification of these objects by type: monuments, ensembles and places of interest. Objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation are understood here as objects of real estate with associated works of painting, sculpture, decorative and applied art, objects of science and technology and other objects of material culture that arose as a result of historical events, representing value from the point of view of history, archaeology, architecture, urban planning, art, science and technology, aesthetics, ethnology or anthropology, social culture and being evidence of eras and civilizations, authentic sources of information about the origin and development of culture.

A detailed examination of Part 1 of Article 3 of Federal Law No. 73-FZ gives grounds to believe that the term “cultural heritage objects” can be applied to any real estate objects of historical and cultural value, including in relation to identified cultural objects heritage. However, their legal status is different.

Thus, we can conclude that the use in the text of Federal Law N 73-FZ of various concepts that are similar in content indicates the internal inconsistency of the document, the provisions of which are difficult to understand and interpret. Often, such inconsistency in the conceptual apparatus leads in practice to legal disputes and the adoption of incorrect decisions by state authorities and local governments.

It is obvious that the definition of “cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation”, enshrined in Article 3 of Federal Law No. 73-FZ, needs to be revised.

Summarizing the definitions of authoritative scientists indicated above, and taking into account all the inaccuracies of the definitions, taking as a basis the authoritative opinion of A.N. Panfilov, we can conclude that objects of cultural heritage should be understood as a set of immovable cultural values created by man or subjected to his purposeful influence in the past, included in the Unified State Register of Cultural Heritage Objects (historical and cultural monuments) of peoples Russian Federation based on regulatory legal act authorized public authority. Only in relation to a real estate object registered in the register, the state should establish a special protection regime that ensures its authenticity in the interests of society. A.N. Panfilov “Cultural values and objects of cultural heritage: the problem of unification of concepts” / “Law and Politics”, 2011, N 2