FZ 73 "On objects of cultural heritage": changes. Art. 61 of the Law 73-FZ "On Objects of Cultural Heritage"
The cultural heritage must be protectedstate. This is evidenced by Article 72 of the Russian Constitution, as well as FZ-73 "On Objects of Cultural Heritage," which will be considered further. So, more in detail.
On the subject of regulation of the law
According to Article 1 of the Federal Law "On Objects of Cultural Heritage", the subject of regulation of the normative act are the following:
- process of formation and maintenance of the register of cultural objects;
- relations that arise in the sphere of the search, preservation and use of cultural objects;
- peculiarities of possession and disposal of cultural objects;
- observance of general principles of protection of cultural objects by state bodies.
Article 2 deals with legal regulationrepresented area. Here it is worth noting that FZ 73 "On objects of cultural heritage" is by far not the only legal source that regulates relations in the sphere of culture. Here it is necessary to highlight, of course, the Russian Constitution, civil legislation, which regulates property relations, as well as the Land Code and some other normative acts.
About cultural objects
Article 3 of Federal Law 73 "On Objects of Cultural Heritage"fixes the main groups of these objects. What is worth highlighting here? According to the law, objects are material culture, namely: certain types of real estate, paintings, sculptures, scientific and technical means and other elements.
What is meant by archaeological objectsculture? According to the law, these are hidden in the soil traces of human existence. Objects of archeology are mainly burial grounds, burial mounds, settlements, settlements, art objects, tools, etc.
Objects of culture are divided into the following types:
- monuments, namely separate buildings or structures;
- ensembles, that is, groups of monuments;
- places of a landmark nature, namely, especially valuable creations of man or nature.
All the presented types of cultural heritage must be kept under strict state supervision. It is about the control of the authorities and will be told further.
The powers of the state in the field of cultural heritage preservation
In Article 9 of Federal Law No. 73 "On Cultural Objectsit is worth recalling that work with cultural objects is noted in Article 72 of the Constitution of the Russian Federation, which describes the division of powers between the federation and the subjects, which is why regional authorities can also perform certain types of activities:
- implementation of investment policy in the sphere of storage of cultural objects;
- formation and fixing of restrictions when using cultural objects;
- definition of the policy in the field of state protection;
- approval of targeted programs of regional type and participation in federal programs;
- establishment of the principles of work of organizations involved in the preservation of cultural heritage;
- the inclusion of an object in the register of cultural heritage;
- Examination of cultural and historical character;
- compiling a list of objects that are not subject to alienation;
- issuance of permits for the conduct of professional activities to study or preserve cultural sites;
- implementation of other functions established in the federal legislation.
The most important function of the state with regard to cultural objects is, of course, control and supervisory activities. It is about her and will be told further.
On state supervision
In Article 11 of the Law 73-FZ "On the Objects of Culturalwhich is meant by state supervision, is the activity of the relevant federal bodies for the prevention, suppression, and the detection of crimes and offenses aimed at the deliberate or unintentional damage of cultural elements.
The subject of state supervision is compliance by the relevant authorities with the following requirements:
- maintenance and use of cultural objects;
- the implementation of activities within the boundaries of cultural heritage sites;
- compliance with the requirements of urban planning regulations within the boundaries of the cultural object.
What are the rights of officials? Here is what is highlighted in the normative act:
- requesting and receiving information from authorities;
- unhindered inspections of the relevant cultural objects;
- issuance of special regulations.
The bodies for the protection of cultural objects may be brought before the court to participate in the corresponding office work.
On the examination of historical and cultural character
Historical expertise is an important component in the field of work with objects of cultural heritage.
- conducting discussions on the inclusion of an object in the register of cultural heritage;
- The definition of the type and category of a cultural object;
- justification for changing the category of an object;
- establishment of requirements for town planning regulations;
- specification of information about the object, etc.
Examination allows preserving cultural objects. These processes will be described below.
On the preservation of cultural objects
Article 40 of the normative actspeaks about the measures directed on qualitative maintenance of physical safety of historical and cultural values. Works on restoration, repair, conservation - all this is part of the activities to preserve certain cultural objects.
Article 47.2 refers to the need to provide funding for relevant cultural funds involved in working with cultural objects. For failure to fulfill their professional duties, such funds may be 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 the law in question. Article 61 also refers to the need to compensate for damage if a cultural object has been harmed. The same applies to restoration work during archaeological events. So, the restoration of a cultural object after inflicting harm to it still does not absolve from responsibility.
What changes were made to the law in 2017? In the normative act, the content of article 52.1 and the synopsis changed insignificantly.
