Some questions of preservation of objects of cultural heritage of the peoples of the Russian Federation. Permission to work on the preservation of an object of cultural heritage of regional significance, an identified object of cultural heritage
State system of protection of objects of cultural heritage (monuments of history and culture)
Article 8 of Federal Law No. 73-FZ states that religious associations have the right to assist the federal executive body specially authorized in the region state protection objects of cultural heritage, in the preservation, use, promotion and state protection of cultural heritage objects in accordance with the legislation of the Russian Federation.
The safety of cultural heritage objects is controlled by the Federal Service for Supervision of Compliance with Legislation in the Sphere of Mass Communications and the Protection of Cultural Heritage (established in accordance with the Decree of the Government of the Russian Federation of June 17, 2004 No. 301). This federal executive body is under the jurisdiction of the Ministry of Culture and Mass Communications of Russia.
In accordance with the Federal Law of June 25, 2002 No. 73-FZ "On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation", a Code of Restoration Rules (SRP-2007) was developed. It includes recommendations for all types of research, survey, design and production work aimed at the study and preservation of cultural heritage sites (monuments of history and culture) of the peoples of Russia with related works of art.
By the early 1970s, UNESCO adopted the International Convention for the Protection of the World Cultural and Natural Heritage, which was ratified by the USSR in 1988. The Venice Charter, which should guide the restoration of monuments, was based on the following provisions:
– the main goal of the restoration is the thorough strengthening of the original ancient parts of the monument, the preservation and identification of the aesthetic and historical values of the monument;
- to achieve this goal, as little work as possible is carried out (all newly added elements must be highlighted, all extensions are made in a modern style);
– modern methods of restoration allow the use of all the latest achievements construction equipment and various physical and chemical methods;
- can be applied various materials, but outwardly they should approach the materials from which the monument was built, although a fake for genuine material is not allowed;
– dismantling of the original parts of the monument is usually excluded, since modern restoration techniques make it possible to strengthen the damaged masonry without disturbing it;
- restoration work is preceded by a thorough and comprehensive study of the monument: full-scale (architectural and engineering) and historical and archival research.
According to Article 9 of the Venice Charter, restoration “…is based on respect for the authenticity of the material and the authenticity of the documents. Restoration stops where the hypothesis begins. As for the alleged restoration, any addition work, combined with the need for aesthetic or technical reasons, should depend on the architectural composition and bear the stamp of modernity.
Restoration (reconstruction) of churches - objects of cultural heritage with funding from the federal budget
A significant part of the temples - objects of cultural heritage, transferred or only transferred to the Church - is today in a dilapidated state or requires serious repairs. The state responsible for their technical condition is ready to gradually allocate funds from the federal budget for their restoration, including within the framework of the target program "Culture of Russia". The customer is the Ministry of Culture of the Russian Federation.
The decision to restore the lost cultural heritage object at the expense of the federal budget is made by the Russian government on the proposal of the federal body for the protection of cultural heritage objects, taking into account public opinion, as well as in the case of the reconstruction of a monument or an ensemble of religious purposes, taking into account the opinion of religious organizations. The submission is based on the conclusion of the historical and cultural expertise and is agreed with the body state power subject of the Russian Federation.
A significant part of the costs associated with the implementation of the program falls on the reconstruction, restoration and emergency response work at cultural heritage sites of federal significance. Projects funded from the federal budget are selected by the state customers of the program (Ministry of Culture of the Russian Federation). It states that the performers are determined on a competitive basis, and projects are implemented on the basis of government contracts.
A cultural heritage site can be included in the program's annual action plan if it meets the following criteria: it is of particular importance, design and estimate documentation, a certain stage of repair and restoration work can be completed during the duration of the program.
In accordance with the joint decision of the Ministry of Economic Development of Russia and the Federal Antimonopoly Service, orders for work under the Federal Target Program "Culture of Russia" are placed through mandatory open auctions V electronic form.
Church system of protection of objects of cultural heritage (monuments of history and culture)
The state system of protection of objects of cultural heritage, for all its merits, does not fully correspond to church specifics. Despite the often selfless work of government officials, the real human and material resources of this system itself are far from corresponding to the scale of what is subject to protection under existing legislation. In this regard, it would be advisable to think about creating a proper church system for preserving the architectural and artistic heritage of the Church.
Rectors of temples and monasteries, their employees, as a rule, do not have architectural and art education. However, practically the entire burden of concern for the preservation and restoration of church values and concern for the creation of new works of church art lies precisely on the clergy, monastics and laity.
At present, in the vast majority of states on the canonical territory of the Russian Orthodox Church, a the legislative framework, which determines the procedure for the transfer of state property for religious purposes (including objects of cultural heritage and cultural values) to the ownership or use of religious organizations. In this regard, the need to create an intra-church register of immovable objects of cultural heritage of religious purpose, as well as movable property of religious purpose related to cultural values, owned or used by religious organizations of the Russian Orthodox Church, became obvious.
In pursuance of the resolutions of the Council of Bishops of the Russian Orthodox Church of February 2-5, 2013 (p. 41) on the proper use, preservation, accounting, repair, restoration and restoration of monuments of church architecture and art, the position of diocesan antiquities keeper is being introduced to the staff of a number of dioceses. It is he who should control the preservation of historical and cultural monuments - real estate objects with related works of icon painting, painting, sculpture, decorative art, other items of church heritage (hereinafter - cultural heritage objects) owned (used) by the diocese and its canonical divisions. (The document was adopted at a meeting of the Holy Synod on December 25, 2014 (Journal No. 132)).
The diocesan antiquities keeper (cleric or layperson) is appointed to the position by the diocesan bishop in agreement with the Patriarchal Council for Culture, if possible, from among specialists competent in matters of preserving cultural heritage sites and (or) who have completed courses on the preservation of monuments of church architecture and art under the Patriarchal Council for Culture .
It controls the observance by the canonical divisions of the diocese of the requirements for the preservation of cultural heritage objects owned (used) by these canonical divisions.
The diocesan antiquities keeper compiles a register of cultural heritage objects and cultural property owned (used) by the diocese and its canonical divisions, and submits this register to the diocesan bishop for further forwarding to the Patriarchal Council for Culture.
Restoration project
Designing a restoration project differs in many ways from designing new buildings. First of all, the design object - an architectural monument - cannot be created anew, it already exists. It is the features of the existing structure and its condition that predetermine the main content of the project being developed. Therefore, restoration design is based not on a free creative act, but on research. Creativity in the activity of an architect-restorer appears in a very specific form, mainly as a synthesis of versatile research work. Design in this area should be considered as a research and design work, and the architect-restorer acts not so much as a designer, but as a scientific supervisor of restoration.
From this follow important features of the restoration project itself. First of all, it is inseparable from the whole complex of scientific and design documentation. An obligatory part of the project is the substantiation of scientific and design decisions.
Without this, it is impossible to form any true idea of the essence and, moreover, of the expediency of the proposed restoration. In terms of volume, research materials and scientific justifications often exceed the design materials themselves. The composition and form of supply of these latter also have certain specifics. A restoration project, like any project in general, contains a definite program of action. But if in an ordinary architectural project this program is presented mainly in the form of the final result, then the restoration project, although it contains the necessary data on the expected appearance of the monument after the restoration work, focuses much more on what and how to be done.
An important feature of restoration design is the close connection with the work process. As already mentioned, only in the course of restoration, when the fullest possible disclosure of the monument is possible, does it make sense to explore it with the greatest completeness. Since the restoration project is based on research, it is obvious that the final development of the project in all its details before the restoration begins is fundamentally impossible.
Therefore, the outline design of the restoration is a necessary stage of work, allowing for a broad discussion of the author's proposals in advance and making not an individual, but a collective decision on the fate of the monument.
An important part of the preliminary design of the restoration is the fundamental substantiation of the decision, based on the assessment of the monument and its current state. To do this, first of all, it is necessary to characterize the historical and artistic value of the monument as a whole, the historical and artistic value of the main later layers is determined and those of them that do not have such value and whose presence negatively affects the aesthetic perception of the monument are identified. Proceeding from this, the relation to stratifications reflected in the project is formulated. In addition, it is necessary to motivate the provided restoration additions and objectively assess the extent to which documentary validity of their restoration is needed. It also decides to what extent new inclusions should be visually highlighted. It should also be considered how the proposed restoration changes may affect the existing ensemble connections of the monument. Finally, it must be shown how the restoration solution is consistent with the further use of the monument and with those works on its adaptation that are already envisaged.
The preliminary design should also include a list of necessary measures for the engineering strengthening of the monument, which, in turn, also require the development of special projects. It should formulate special requirements for restoration work, depending on the presence of paintings, stucco, carved details, unique structures, accident rate. separate parts monument or other specific conditions.
The basic research materials serve as appendices to the outline design of the restoration: historical information, a set of drawings of architectural and archaeological measurements, reports on archaeological research and a description of soundings. In addition, the project is accompanied by engineering and design and technological conclusions that characterize the structural and technical condition of the monument, the causes and nature of the destructive processes taking place. This also includes, depending on the features of the monument and ongoing research, the conclusion of the artist-restorer on the presence of the remains of ancient paintings and their condition, the conclusion of the laboratory for the study of samples and other additional materials.
Since before the start of restoration work it is impossible to determine in advance the scope of the forthcoming work with the required accuracy, the estimate documentation at the stage of the preliminary design is most often developed in the form of an estimate and financial calculation, followed by the release of detailed estimates as the monument is opened.
The draft design, due to its specificity, does not have the degree of completeness and completeness that is possible when creating a conventional architectural project. However, it should state and resolve all the main methodological issues of the proposed restoration, determine the relationship to later stratifications, establish the measures and nature of restoration additions, and take into account the connection with adaptation to new use. With the release and approval of the preliminary design, the design does not end: it continues throughout the restoration work. As the monument is uncovered, the project is supplemented, and in some of its parts it is corrected already on the basis of new information. Thus, the design not only precedes the restoration, but also accompanies it.
It follows from the foregoing that, as a result, the restoration of the monument, as a rule, does not fully comply with the design data, and sometimes diverges significantly from them. For this reason, the architect has an additional burden that is not present in conventional design: compiling a summary scientific report on the restoration carried out. It sums up the entire volume of the study and reflects the actual work performed.
Issuance of a permit to carry out work to preserve a cultural heritage site regional significance, identified object of cultural heritage
Conditions for obtaining services in the OIV
Who can apply for the service:
Legal entities
Individual entrepreneur
having a license to carry out activities for the preservation of cultural heritage sites
Service cost and payment procedure:
For free
List of required information:
Application for issuing a permit to carry out work to preserve a cultural heritage object included in the unified state register of cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation, or an identified cultural heritage object (research and survey work at a cultural heritage object) (original , 1 PC.)
- Required
- Provided without refund
Submitted for permission in case of research and development survey work on OKN.
An application for issuing a permit to carry out work to preserve a cultural heritage object included in the unified state register of cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation, or an identified cultural heritage object (restoration of a cultural heritage object, reconstruction of a lost cultural heritage object, adaptation of an object cultural heritage for modern use) (original, 1 pc.)
- Required
- Provided without refund
It is submitted for obtaining permission in case of carrying out work on the restoration of the OKN, the reconstruction of the lost OKN, the adaptation of the OKN for modern use.
Application for issuing a permit to carry out work to preserve a cultural heritage object included in the unified state register of cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation, or an identified cultural heritage object (conservation, emergency response work at a cultural heritage object) (original, 1 PC.)
- Required
- Provided without refund
It is submitted for obtaining a permit in case of conservation work, emergency response work at the OKN.
Application for issuance of a permit to carry out work to preserve a cultural heritage object included in the unified state register of cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation, or an identified cultural heritage object (repair of a cultural heritage object) (original, 1 pc.)
- Required
- Provided without refund
Submitted for permission in case of repair work on OKN.
Identification document of the person submitting the application (original, 1 pc.)
- Required
- Provided without refund
A document confirming the authority of the applicant's representative to submit the application and the documents required to provide public service, on behalf of the applicant (when submitting an application signed by the applicant) (original, 1 pc.)
- Required
- Provided without refund
A document confirming the authority of the applicant's representative to sign the application on behalf of the applicant (when submitting an application signed by the applicant's representative) (original, 1 pc.)
- Required
- Provided without refund
A copy of the contract for the development of project documentation for the preservation of a cultural heritage site (for research and survey work) by the applicant (certified copy, 1 pc.)
- Required
- Provided without refund
Graphic plan (schemes) with designation of field research sites in the form of pits and soundings, signed by the applicant (original, 1 pc.)
- Required
- Provided without refund
Copies of the title pages of the project documentation with a stamp on its approval or a copy of the letter on the approval of the project documentation by the relevant body for the protection of cultural heritage objects (certified copy, 1 pc.)
- Required
- Provided without refund
A copy of the contract for the restoration of the cultural heritage object by the applicant, adaptation of the cultural heritage object for modern use with all changes and additions, annexes that exist at the time of application (if any) (certified copy, 1 pc.)
- Required
- Provided without refund
A copy of the contract for architectural supervision and (or) a copy of the appointment order responsible person for architectural supervision and a copy of the order on the appointment of a person responsible for scientific guidance (certified copy, 1 pc.)
- Required
- Provided without refund
A copy of the contract for technical supervision and (or) a copy of the order on the appointment of a responsible person for technical supervision (certified copy, 1 pc.)
- Required
- Provided without refund
Design documentation (working) for conservation, emergency response, signed authorized persons(original, 1 piece)
- Required
- Provided without refund
A copy of the contract for the applicant to carry out conservation, emergency work with all changes and additions, annexes that exist at the time of application (if any) (certified copy, 1 pc.)
- Required
- Provided without refund
A copy of the order of the contracting organization on the appointment of those who are with this organization in labor relations and specialists certified by the Ministry of Culture of the Russian Federation responsible for organizing the restoration works corresponding to their specialty, specified in the approved Decree of the Government of the Russian Federation of April 19, 2012 N 349 (copy, 1 pc.)
- Required
- Provided without refund
A copy of the contract for the applicant to carry out repair work (in order to maintain the cultural heritage object in operational condition without changing its features that make up the subject of protection) with all changes and additions, annexes that exist at the time of application (if any) (certified copy, 1 pc. .)
- Required
- Provided without refund
Project documentation (working) or working drawings for local repair work with a statement of volumes (list, inventory) of such work, agreed with the customer (original, 1 pc.)
- Required
- Provided without refund
Terms of service provision
15 working days
The result of the service
Issued:
- Permission to carry out work on the conservation of COPs of regional significance (working paper, 1 pc.)
Receipt Forms
Through a legal representative
- 1. Recognition of the paramount role of culture in the revival and preservation of the cultural and moral values of the peoples of the Russian state;
- 2. Definition of security zones;
- 3. Protection of territories classified as historical and cultural lands;
- 4. Creation of a favorable investment climate;
- 5. Carrying out restoration and other work to preserve, improve the condition of objects cultural significance, condition monitoring;
- 6. Insurance of historical and cultural monuments;
- 7. Control of the development of the area, located near the objects of cultural heritage and park areas;
- 8. Distribution of powers between different bodies;
- 9. Transfer of hazardous production facilities from the territory of historical and cultural significance;
- 10. Carrying out engineering and environmental measures (protection from vibration, stray currents, ecologization of transport schemes of cities, lowering the level of groundwater, arranging storm sewers, vertical planning and landscaping of historical territories, bank protection works).
- monuments - individual buildings, buildings and structures with historically developed territories (churches, bell towers, chapels and other objects specially designed for worship); mausoleums, individual burials; works of monumental art; objects, the main or one of the main sources of information about which are archaeological excavations or finds (hereinafter - objects archaeological heritage);
- ensembles - groups of isolated or combined monuments, buildings, clearly localized in historically developed territories: temple complexes, monasteries, courtyards, 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 rites.
- objects of cultural heritage of federal significance - objects of historical and architectural, artistic, scientific and memorial value, which are of particular importance for the history and culture of the Russian Federation, as well as objects of archaeological heritage;
- objects of cultural heritage of regional significance - objects of historical and architectural, artistic, scientific and memorial value, which are of particular importance for the history and culture of a constituent entity of the Russian Federation;
- objects of cultural heritage of local (municipal) significance - objects of historical and architectural, artistic, scientific and memorial value, which are of particular importance for history and culture municipality.
- federal budget;
- budgets of subjects of the Russian Federation;
- extrabudgetary income.
- for objects of cultural heritage of federal significance - by the federal body for the protection of objects of cultural heritage;
- for objects of cultural heritage of regional and local (municipal) significance - by the relevant regional body for the protection of cultural heritage objects.
You can go to the executive authorities of the city of Moscow as part of a pre-trial appeal.
Pre-trial (out-of-court) procedure for appealing decisions
and (or) actions (inaction) of the Department, its officials
persons, civil servants
1. The applicant has the right to file a pre-trial (out-of-court) complaint against the decisions and (or) actions (inaction) of the Department, its officials, civil servants taken (performed) in the provision of public services.
2. Filing and consideration of complaints is carried out in the manner established by Chapter 2.1 of the Federal Law of July 27, 2010 N 210-FZ "On the organization of the provision of state and municipal services", the Regulations on the specifics of filing and consideration of complaints about violations of the procedure for the provision of public services in the city of Moscow , approved by the Decree of the Government of Moscow dated November 15, 2011 N 546-PP "On the provision of state and municipal services in the city of Moscow", these Regulations.
3. Applicants may file complaints in the following cases:
3.1. Violation of the deadline for registering a request (application) and other documents necessary for the provision of public services, as well as the procedure for issuing and issuing a receipt
in receiving a request and other documents (information) from the applicant.
3.2. Requirements from the applicant:
3.2.1. Documents or information or the implementation of actions, the submission or implementation of which is not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow for the provision of public services, including documents obtained using interdepartmental information interaction.
3.2.2. Applications for the provision of services not included in the list of services approved by the Moscow Government that are necessary and mandatory for the provision of public services.
3.2.3. Making a fee for the provision of a public service that is not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow.
3.2.4. Documents or information, the absence and (or) unreliability of which
were not indicated at the initial refusal to accept documents required for the provision of a public service, or in the provision of a public service,
with the exception of cases provided for by paragraph 4 of part 1 of Article 7 of the Federal Law
dated July 27, 2010 No. 210-FZ "On the organization of the provision of state and municipal services.
3.3. Violation of the term for the provision of public services.
3.4. Refusal to the applicant:
3.4.1. In the acceptance of documents, the submission of which is provided for by the regulatory legal acts of the Russian Federation and the city of Moscow for the provision of public services, on grounds not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow.
3.4.2. In the provision of public services on grounds not provided for by regulatory legal acts of the Russian Federation and the city of Moscow.
3.4.3. In the correction of misprints and errors in documents issued as a result of the provision of public services or in case of violation of the deadline for such corrections.
3.5. Other violations of the procedure for the provision of public services established by regulatory legal acts of the Russian Federation and the city of Moscow.
4. Complaints against decisions and (or) actions (inaction) of officials, state civil servants of the Department are considered by its head (authorized deputy head).
Complaints against decisions and (or) actions (inaction) of the head of the Department, including decisions made by him or his deputy on complaints received in a pre-trial (out-of-court) procedure, are considered by a higher executive body of the city of Moscow in accordance with clauses 5.6, 6 of the appendix 6 to the Decree of the Government of Moscow dated November 15, 2011 N 546-PP "On the provision of state and municipal services in the city of Moscow".
5. Complaints may be filed with the executive authorities of the city of Moscow authorized to consider them in accordance with these Regulations (hereinafter referred to as the bodies authorized to consider complaints), in writing on paper, in electronic form in one of the following ways:
5.1. At the personal request of the applicant (representative of the applicant).
5.2. By mail.
5.3. Using the official websites of the bodies authorized to consider complaints in the Internet information and telecommunication network.
6. The complaint must contain:
6.1. The name of the body authorized to consider the complaint or the position and (or) last name, first name and patronymic (if any) of the relevant official to whom the complaint is sent.
6.2. The name of the executive authority of the city of Moscow or the position and (or) surname, name, patronymic (if any) of the official, civil servant, decisions and (or) actions (inaction) of which are being appealed.
6.3. Last name, first name, patronymic (if any), information about the place of residence of the applicant - individual, including registered as an individual entrepreneur, or the name, information about the location of the applicant - a legal entity, as well as the contact phone number (numbers), e-mail address (s) (if any) and the postal address to which the response to the applicant.
6.4. The date of submission and registration number of the request (application) for the provision of public services (except for cases of appealing against the refusal to accept the request and its registration).
6.5. Information about decisions and (or) actions (inaction) that are the subject of appeal.
6.6. Arguments on the basis of which the applicant does not agree with the appealed decisions and (or) actions (inaction). The applicant may submit documents (if any) confirming the applicant's arguments, or copies thereof.
6.7. Applicant's requirements.
6.8. List of documents attached to the complaint (if any).
6.9. The date the complaint was made.
7. The complaint must be signed by the applicant (his representative). In the case of filing a complaint in person, the applicant (representative of the applicant) must submit an identity document.
The authority of the representative to sign the complaint must be confirmed by a power of attorney drawn up in accordance with the legislation of the Russian Federation.
The powers of a person acting on behalf of the organization without a power of attorney on the basis of the law, other regulatory legal acts and constituent documents are confirmed by documents certifying his official position, as well as the constituent documents of the organization.
The status and powers of the legal representatives of an individual are confirmed by documents stipulated by federal laws.
8. The received complaint is subject to registration no later than the working day following the day of receipt.
9. Maximum term consideration of the complaint is 15 working days from the date of its registration. The term for consideration of the complaint is 5 working days from the date of its registration in cases of appeal by the applicant:
9.1. Refusal to accept documents.
9.2. Refusal to correct typos and errors made in documents issued as a result of the provision of public services.
9.3. Violations of the deadline for correcting typos and errors.
10. Based on the results of consideration of the complaint, a decision is made to satisfy the complaint (in whole or in part) or to refuse to satisfy the complaint.
11. The decision must contain:
11.1. Name of the body that considered the complaint, position, surname, name, patronymic (if any) of the official who made the decision on the complaint.
11.2. Details of the decision (number, date, place of adoption).
11.3. Last name, first name, patronymic (if any), information about the place of residence of the applicant - an individual, including those registered as an individual entrepreneur, or the name, information about the location of the applicant - a legal entity.
11.4. Last name, first name, patronymic (if any), information about the place of residence of the applicant's representative who filed the complaint on behalf of the applicant.
11.5. Method of filing and date of registration of the complaint, its registration number.
11.6. The subject of the complaint (information about the appealed decisions, actions, inaction).
11.7. The circumstances established during the consideration of the complaint and the evidence confirming them.
11.8. Legal grounds to make a decision on the complaint with reference to the applicable regulatory legal acts of the Russian Federation and the city of Moscow.
11.9. The decision taken on the complaint (conclusion on the satisfaction of the complaint or on the refusal to satisfy it).
11.10. Information on the actions taken by the Department in order to immediately eliminate the identified violations in the provision of public services,
as well as apologies for any inconvenience caused and information about next steps, which must be made by the applicant in order to receive a public service (in case of satisfaction of the complaint) or reasoned explanations about the reasons for the decision (in case of refusal to satisfy the complaint).
11.11. Procedure for appealing a decision.
11.12. Authorized official's signature.
12. The decision is drawn up in writing using official forms.
13. Among the measures indicated in the decision to eliminate the identified violations, among other things, include:
13.1. Cancel earlier decisions taken(in whole or in part).
13.2. Ensuring the acceptance and registration of the request, execution and issuance of a receipt to the applicant (in case of evasion or unreasonable refusal to accept documents and register them).
13.3. Ensuring registration and issuance to the applicant of the result of the provision of public services (in case of evasion or unreasonable refusal to provide public services).
13.4. Correction of typos and errors made in documents issued as a result of the provision of public services.
13.5. Refund to the applicant of funds, the collection of which is not provided for by regulatory legal acts of the Russian Federation and the city of Moscow.
14. The body authorized to consider the complaint shall refuse to satisfy it in the following cases:
14.1. Recognition of the contested decisions and (or) actions (inaction) as legal, not violating the rights and freedoms of the applicant.
14.2. Filing a complaint by a person whose authority has not been confirmed in the manner prescribed by the regulatory legal acts of the Russian Federation and the city of Moscow.
14.3. Lack of the applicant's right to receive public services.
14.4. Availability:
14.4.1. A court decision that has entered into legal force on the applicant's complaint with identical subject matter and grounds.
14.4.2. A decision on a complaint made earlier in a pre-trial (out-of-court) procedure in relation to the same applicant and on the same subject of the complaint (with the exception of cases of appealing against earlier decisions to a higher authority).
15. The complaint shall be left unanswered on the merits in the following cases:
15.1. The presence in the complaint of obscene or offensive language, threats to life, health and property of officials, as well as members of their families.
15.2. If the text of the complaint (its part), surname, postal address and e-mail address are unreadable.
15.3. If the complaint does not indicate the name of the applicant (representative of the applicant) or the postal address and e-mail address to which the response should be sent.
15.4. If the body authorized to consider the complaint received a petition from the applicant (representative of the applicant) to withdraw the complaint before a decision was made on the complaint.
16. The decision to satisfy the complaint or to refuse to satisfy the complaint shall be sent to the applicant (representative of the applicant) no later than the working day following the day of its adoption, at the postal address indicated in the complaint. At the request of the applicant, the decision is also sent to the e-mail address indicated in the complaint (in the form of an electronic document signed by the electronic signature of an authorized official). In the same manner, the applicant (representative of the applicant) is sent a decision on the complaint, in which only an e-mail address is indicated for a response, and the mailing address is missing or illegible.
17. If the complaint is left unanswered on the merits, the applicant (his representative) shall be sent, no later than the working day following the day of registration of the complaint, a written reasoned notice indicating the grounds (except for cases where the complaint does not indicate the mailing address and email address reply emails or they are unreadable). The notification shall be sent in the manner prescribed for sending a decision on the complaint.
18. A complaint filed in violation of the rules on competence established by clause 5.4 of these Regulations shall be sent no later than the working day following the day of its registration to the body authorized to consider the complaint, with simultaneous written notification of the applicant (his representative) about the redirection complaints (unless the complaint does not include a postal address and an email address for a response or they are illegible). The notification shall be sent in the manner prescribed for sending a decision on the complaint.
19. Filing a complaint in a pre-trial (out-of-court) procedure does not exclude the right of the applicant (representative of the applicant) to simultaneously or subsequently file a complaint with the court.
20. Informing applicants about the judicial and pre-trial (out-of-court) procedure for appealing against decisions and (or) actions (inaction) committed in the provision of public services should be carried out by:
20.1. Placement of relevant information on the Portal of state and municipal services (functions) of the city of Moscow and stands in places where public services are provided.
20.2. Advising applicants, including by telephone, e-mail, in person.
21. If, during or as a result of the consideration of a complaint, signs of an administrative offense or crime are established, the official authorized to consider the complaint shall immediately send the available materials to the prosecution authorities.
2. Termination or suspension of one or more documents required for the provision of public services.
3. The applicant submitted an incomplete set of documents to be mandatory submission the applicant.
4. The submitted documents contain unreliable and (or) contradictory information.
5. The application is signed and (or) submitted by an unauthorized person.
6. Application for the provision of a public service by a person who is not a recipient of a public service in accordance with the Regulations for the provision of services.
7. The applicant's application for a public service, the provision of which is not carried out by the Department or is carried out in accordance with other administrative regulations for the provision of public services.
Grounds for refusal to provide services
1. Grounds for refusing to accept documents required for the provision of a public service, if they are identified after the receipt of an application and other documents necessary for the provision of a public service.
2. The types of work specified in the application for a permit do not correspond to the previously agreed project documentation for the preservation of a cultural heritage site.
3. Suspension of activities (liquidation) of the legal entity - the applicant.
4. The applicant does not have a license to carry out work on the preservation of cultural heritage objects or the types of work specified in the application for the issuance of the Permit are not included in the applicant's license for the right to carry out such work.
5. Non-compliance of documents with the requirements of Articles 5.1, 36, 40, 41, 42, 45, 47.2, 47.3 of the Federal Law of June 25, 2002 No. 73-FZ "On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation".
The preservation of cultural heritage sites requires improved policies and legislation that this moment not always able to save objects from outside interference in time and punish the culprit. The main Federal Law of June 25, 2002 No. 73-FZ, which should ensure the safety of objects and popularize them, shows many gaps through which dishonest entrepreneurs make their way. The basic principles for the protection of cultural heritage were formed back in the 60s, however, after significant changes in the economy and society in the Russian Federation, they led to changes in this part of the policy. The 2002 law revealed many concepts that were previously undefined, was supplemented several times in later years, including tougher penalties for violations, but this did not stop the wave of vandalism. One of these problems is the lack of an effective list of objects, taking into account their current state. By the time the state or local authorities pay attention to a particular object, it may already be in a state of extreme desolation without the possibility of restoration with the preservation of historical and cultural value. This could also be avoided by improving interdepartmental coordination. The main task of the policy should be to preserve this historical and cultural potential as an irreplaceable part of the culture and traditions of the state.
To date, there are several large public control organizations that help preserve cultural heritage. Unfortunately, without any powers of authority, they are not able to take drastic measures themselves, but their intervention often leads to positive results. According to Law No. 73-FZ, public and religious organizations can provide assistance local authorities in matters of preservation and promotion of cultural heritage sites. So, for example, the largest and most striking example is the All-Russian public organization The All-Russian Society for the Protection of Historical and Cultural Monuments (VOOPiK), founded in 1966. The organization has branches in different cities of Russia, unites not only professional architects and art historians, but also those who are not indifferent to the fate of culture. Today, the organization participates in the work of expert advisory councils of cities, donates funds for the preservation of cultural heritage sites and monitors the immediate state of monuments.
In St. Petersburg, the Living City movement, created in 2006, is engaged in the protection of architectural monuments. The main activity is the preservation of the historical appearance of the city through the publication of materials in the media. mass media, holding rallies and pickets, collecting signatures and sending letters to international organizations and authorities. The movement also arranges exhibitions and events to promote cultural heritage and maintains a register of lost or in disrepair monuments in St. Petersburg. For example, in 2007 this organization managed to collect about 11 thousand signatures against the construction of the Okhta Center skyscraper, since its construction was supposed to be in a historical place that violates the landscape of the city.
The government of the Novgorod region used to have a department of the state protection of cultural heritage under the local department of culture and tourism, which in 2014 separated into an independent organization. The Committee for the State Protection of Cultural Heritage of the Novgorod Region keeps records of cultural heritage objects, controls urban planning regulations, monitors the condition of objects, and much more. On the website of the committee, you can write an appeal or ask a question to the chairman, which will be considered as soon as possible.
Today, the debate about the positive and negative sides privatization of cultural monuments. In 2004 in St. Petersburg and 2008 in Moscow, a privatization program began, which allows individuals to buy architectural monuments. A prerequisite is the preservation of the historical and cultural appearance, restoration and protection of the object. Any building that the state puts up for sale can be given ownership, except for religious buildings - they are transferred to the ownership of religious communities. However, there are not so many people who want to buy an architectural monument - the high costs of restoring and maintaining objects, as well as some restrictions on further use, scare off investors. Since January 2012, in Moscow, for example, they launched the Ruble per Meter program, where an investor can buy a house for 49 years at a price of 1 square meter for 1 ruble per year, subject to the restoration of a dilapidated building.
According to the administration of St. Petersburg, active work is underway to preserve cultural heritage sites. In 2014, 537 permits were issued for the restoration of monuments, 65 objects were included in the unified state register of cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation, orders were prepared for the protection of 722 cultural objects. St. Petersburg monitors the observance of the boundaries and regimes for the use of the historical territory, as well as the preservation of the historical center of the city. Difficulties are caused by the rapid deterioration of buildings during high tourist activity - the Hermitage building, which was restored for its 250th anniversary, is already cracking, and there are chips in the top layer of plaster. Many monuments are still in a state of disrepair, but the actions carried out by the authorities and activists in St. Petersburg give hope for the best. Already in the first quarter of 2015, large funds were allocated to maintain cultural heritage sites:
Restoration work carried out on the territory of the Novgorod Kremlin on the eve of the anniversary of the city covered a significant area cultural object. The funds allocated for the repair of the Kremlin were used to restore the walls, ceilings of the halls, the Church of Vlasiy and others. However, during the implementation of these works, despite the preservation of the historical layout, appearance was significantly lost - the old bricks, being replaced by new ones, did not match either the color scheme or the texture at all. Wooden architecture, at the same time, is preserved in its original form. Informational portal culture of the Novgorod region comments on this in the following way: “I am glad that in Lately in the region, restoration work on monuments of history and culture is ongoing. Funds from budgets of all levels and extrabudgetary sources, including charitable contributions, are attracted for their implementation. Official statements often diverge from the news, as the News Agency of Veliky Novgorod characterizes every tenth cultural monument as being in an unsatisfactory condition.
And yet it is worth noting that today the priority areas for the protection of cultural heritage are:
An appendix to the Parish magazine has been published on a CD titled Arrangement, Preservation and Construction of the Church. Architectural, construction and engineering solutions”.
The CD includes articles and illustrations on the arrangement, preservation, restoration and construction of new temples. The materials are intended for rectors and members of parishes 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 of the ACC "Arkhkhram" developed the Code of Rules Orthodox churches"(SP 31-103-99).
Many of the materials were published by the author on the pages of the Parish magazine and have now become difficult to access. The disc also includes other articles taken from other open sources and more fully revealing the range of issues under discussion, 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 temples and chapels. For the selection of a finished project, catalog sheets are attached indicating the authors who can be contacted to use the project.
Full information about the disc is given on the website of the magazine "Prihod" www.vestnik.prihod.ru.
Legislation in the field of conservation, use and state protection of cultural heritage objects (monuments of history and culture)
Federal Law of June 25, 2002 No. 73-FZ "On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation" in Art. 3 refers to objects of cultural heritage, which are immovable property of a special kind and with a special legal regime.
According to the specified article to objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation, incl. for religious purposes, includes real estate objects with related works of painting, sculpture, arts and crafts and other items material culture that have arisen as a result of historical events, which are of value in terms of history, archeology, architecture, urban planning, art, aesthetics, social culture and are sources of information about the development of culture.
Objects of cultural heritage of religious purpose in accordance with the specified law are divided into the following types:
Cultural heritage objects are divided into the following categories of historical and cultural significance:
Thus, historical and cultural monuments are understood only as objects of immovable property.
However, many of the buildings and structures are in a ruined state, and it is difficult to call them historical and cultural monuments. The question arises whether the destroyed buildings are cultural monuments and what percentage of destruction is necessary in order to ascertain their complete physical destruction. It seems that this issue should be resolved in the legislation more clearly.
Objects recognized as monuments of history and culture are subject to a special legal regime and are under special legal protection. In order for an object to receive special legal protection, it must be recognized as such in the manner prescribed by law. At the same time, it should be borne in mind that there are no objective signs for recognizing them as such. Each time this issue is resolved on an individual basis based on the opinion of specialists.
Monuments of history and culture may be owned by any subject of civil rights, however, most of the monuments of history and culture are in federal state ownership. The impossibility of the state to provide adequate protection to cultural monuments is evidenced by the fact that over the past ten years, according to the Ministry of Culture, Russia 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 objects of cultural heritage for religious purposes. So, according to paragraph 2 of Art. 50 of the Law on Cultural Heritage Objects, objects of cultural heritage for religious purposes may be transferred to the ownership only of religious organizations in the manner established by law Russian Federation.
On December 3, 2010, the Law “On the Transfer to Religious Organizations of Religious Property in State or Municipal Ownership” came into force. How religious organizations will carry out the proper preservation of church property transferred by the state is a question that worries not only museum workers, but also church organizations themselves.
Concern for the preservation of cultural heritage must be recognized as the task of the entire Church.
State system of protection of objects of cultural heritage (monuments of history and culture)
The state protection of cultural heritage objects in Federal Law No. 73-FZ “On Cultural Heritage Objects (Historical and Cultural Monuments) of the Peoples of the Russian Federation” means a system of legal, organizational, financial, logistical, informational and other state authorities of the constituent entities of the Russian Federation, local governments, within their competence, measures aimed at identifying, accounting, 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 this law, religious associations have the right to assist the federal executive body, specially authorized in the field of state protection of cultural heritage objects, in the preservation, use, promotion 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, which is a federal executive body, formed in accordance with the Decree of the Government of the Russian Federation of June 17, 2004 No. 301. It is under the jurisdiction of the Ministry of Culture and Mass Communications of the Russian Federation. According to paragraph 5.1.3 of the said resolution, it exercises state control over the preservation, use, promotion and state protection of cultural heritage sites of the peoples of the Russian Federation (monuments of history and culture), including jointly with state authorities of the constituent entities of the Russian Federation.
Sources of funding for conservation, promotion and state protection of cultural heritage sites are:
At the meeting working group under the President of the Russian Federation on the restoration of objects of cultural heritage of religious purposes, held on 06/17/2011 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 "Culture of Russia (2006-2011)" 1.2-1.4 billion rubles are allocated. per year for more than a thousand only religious objects that need to be restored. In reality, the restoration of churches and monasteries requires about 100 billion rubles. Patriarch Kirill stressed that no one is asking to allocate such money in the near future, “it is necessary to correlate funding with real needs,” however, if the level of investment remains the same, then while some monuments are being restored, many others will be completely lost. Temples in ruins simply cannot wait for 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 to reduce the list of applications and concentrate 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 stressed.
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 temples, the history of which is tied to historical names, dates, events, suggested the Patriarch. It is also reasonable to restore monuments that have become centers of pilgrimage and tourism.
The Russian Federation maintains a unified state register of cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation (hereinafter referred to as the register), containing information about cultural heritage objects.
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 the zones of protection of cultural heritage objects in the formation and maintenance of the state land cadastre, state urban planning cadastre, other information systems or data banks using (taking into account) this information.
In accordance with the law, the register is formed by including in it cultural heritage objects, in respect of which it was decided to include them in the register, as well as by excluding from the register of cultural heritage objects, in respect of which it was decided 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 Cultural Heritage Objects (Monuments of History and Culture) of the Peoples of the Russian Federation”, a Code of Restoration Rules (SRP, 2007) was developed, which includes recommendations on all types of research, survey, design and production work aimed at researching and preserving cultural heritage sites (monuments of history and culture) of the peoples of the Russian Federation, with related works of painting, sculpture, 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 Cultural Heritage Protection (Rosokhrakultura).
However, the presence of such a document does not guarantee a professional approach to the restoration of cultural heritage. To protect the monuments of Russia from… restorers. Such a call was made at a press conference held in Moscow by leading experts in the domestic restoration industry. And this is not a paradox. As long as 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 the legislation. According to federal law No. 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs", adopted in 2005, a competition should be held among restoration companies. Anyone who has a license can win it, which is not so difficult to obtain. As a result, the same object is being restored by completely different organizations. There are firms that specialize in winning competitions and then subcontracting to contractors. If earlier the problem was that there was no money for restoration, and the monuments were destroyed from time to time, now there is money, but every year it goes to different companies. Masterpieces of ancient Russian architecture are dying from the too frequent change of "guardians", who, for the sake of a tidbit, reduce the time of work, underestimate prices.
Rabotkevich A.V., Head of the Department (Inspection) for the Protection of Cultural Heritage Objects of the Federal Service of the Russian Federation for Supervision of Compliance with Legislation in the Sphere of Mass Communications and the Protection of Cultural Heritage
1. Objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation
Cultural heritage sites and their main features
Cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation (hereinafter referred to as cultural heritage objects) are “immovable property objects with related works of painting, sculpture, arts and crafts, objects of science and technology and other objects of material culture that have arisen as a result of historical events, which are of value in terms of history, archeology, architecture, urban planning, art, science and technology, aesthetics, ethnology or anthropology, social culture and are evidence of epochs and civilizations, true sources of information about the origin and development of culture.
The Constitution of the Russian Federation defines the obligation of everyone to take care of the preservation of the cultural heritage of the peoples of the Russian Federation and gives everyone the right to access cultural values associated with cultural heritage sites.
Interdepartmental nature of relations related to objects of cultural heritage
Relations in the field of state protection, conservation, use and promotion of cultural heritage objects are regulated by the Constitution of the Russian Federation, documents of international law in the field of cultural heritage, the Basic Law of the Russian Federation on Culture, Federal Law No. and culture) of the peoples of the Russian Federation” (hereinafter - FZ-73) and the laws of the constituent entities of the Russian Federation adopted in accordance with it.
Other relations in the field of cultural heritage objects are regulated by civil legislation, land legislation, legislation on urban planning and architectural activities, protection environment, administrative and criminal liability and other sections of the legislation, taking into account the provisions of Federal Law-73.
1.3. Main characteristics of cultural heritage sites
In accordance with FZ-73:
1) buildings, structures, memorial apartments, burials, works of monumental art, objects of archaeological heritage, groups of the above objects, as well as places of existence of folk art crafts, centers of historical settlements or fragments of urban planning and development, memorable places , cultural and natural landscapes, cultural layers, remains of buildings of ancient cities, settlements, settlements, parking lots, places of religious rites;
2) types of objects of cultural heritage are established - monuments, ensembles and places of interest;
3) objects of cultural heritage are divided into categories of historical and cultural significance: federal, regional and local (municipal);
4) a separate object of cultural heritage may be of value in terms of history, archeology, architecture, urban planning, art, science and technology, aesthetics, ethnology or anthropology, social culture;
5) regardless of the category of historical and cultural significance, objects of cultural heritage may be in federal property, property of the constituent entities of the Russian Federation, municipal property, private property, as well as in other forms of property, unless a different procedure is established by federal law;
6) objects of cultural heritage can be used for administrative, residential, socio-cultural, socio-political, religious, industrial and other purposes, if this does not contradict the established requirements for ensuring their safety;
7) land plots within the boundaries of the territories of objects of cultural heritage are, in the prescribed manner, classified as historical and cultural lands, the legal regime of which is regulated by land legislation and Federal Law-73;
8) the sources of financing for measures for the state protection, preservation and promotion of cultural heritage objects are the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets, extra-budgetary receipts;
9) provides for the provision of benefits and compensation to users and owners of cultural heritage objects who have invested their funds in the work of preserving cultural heritage objects;
10) control over the state of cultural heritage objects is provided.
2. State protection of cultural heritage sites
The main functions of the state protection of cultural heritage objects
In accordance with the Constitution of the Russian Federation, the protection of cultural heritage sites (monuments of history and culture) is the subject of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.
FZ-73 measures for the state protection of cultural heritage objects include:
1) state control over compliance with legislation in the field of protection and use of cultural heritage objects;
2) state registration of objects that have the characteristics of an object of cultural heritage in accordance with Art. 3 FZ-73, formation and maintenance of the register;
3) conducting historical and cultural expertise;
4) establishing liability for damage, destruction or destruction of a cultural heritage object, moving a cultural heritage object, causing damage to a cultural heritage object, changing the appearance and interior of this cultural heritage object, which are the subject of protection of this cultural heritage object;
5) coordination in the cases and in the manner established by Federal Law-73, projects of cultural heritage protection zones, land management, town planning and design documentation, town planning regulations, as well as decisions of federal executive authorities, executive authorities of the constituent entities of the Russian Federation and local governments on land acquisition and changing their legal regime;
6) control over the development of urban planning and design documentation, urban planning regulations, which should provide for measures to ensure the maintenance and use of cultural heritage objects in accordance with the requirements of Federal Law-73;
7) development of projects for zones of protection of cultural heritage sites;
8) issuance, in the cases established by Federal Law-73, of permits for land management, excavation, construction, land reclamation, economic and other works;
9) coordination, in the cases and in the manner established by Federal Law-73, of carrying out land management, excavation, construction, reclamation, economic and other works and projects for carrying out these works;
10) issuance, in the cases established by Federal Law-73, of permits for carrying out work to preserve a cultural heritage object;
11) establishing the boundaries of the territory of a cultural heritage object as an object of urban planning activities of special regulation;
12) installation of information inscriptions and signs on cultural heritage sites;
13) control over the state of objects of cultural heritage;
14) other activities, the implementation of which is assigned by Federal Law-73 and the laws of the constituent entities of the Russian Federation to the powers of the relevant bodies for the protection of cultural heritage objects.
Currently, in accordance with paragraphs 1, 3 and 4 of Art. 63 FZ-73, before the registration of a cultural heritage object in the Register, the rules for the protection, restoration and use of historical and cultural monuments, approved by the Decree of the Council of Ministers of the USSR dated 16.09.82 No. 865 and art. 31, 34, 35, 40, 42 of the Law of the RSFSR "On the Protection and Use of Historical and Cultural Monuments", according to which the implementation of the relevant powers for the protection and use of historical and cultural monuments is carried out by state bodies for the protection of historical and cultural monuments regardless of their category of historical and cultural significance.
The above rules ensure the continuity and succession of the functions of state protection of cultural heritage objects during the transitional period of the Federal Law-73.
Federal legislation provides for the possibility of transferring federal powers for the state protection of cultural heritage objects to the relevant regional bodies for the protection of cultural heritage objects.
It is advisable to consider the main conditions for such a transfer:
1) the presence of an independent executive body of the subject of the Russian Federation, authorized in the field of protection of cultural heritage objects;
2) approval by the Federal Service for Supervision of Compliance with Legislation in the Sphere of Mass Communications and Protection of Cultural Heritage Objects of the appointment and dismissal of the head of the relevant regional body for the protection of cultural heritage objects, as well as issues of reorganization (liquidation) of this body;
3) the availability of qualified specialists in the relevant regional body for the protection of cultural heritage objects;
4) control over the implementation of the delegated powers by the federal body for the protection of cultural heritage objects.
Features of the transition period for the implementation of the Federal Law "On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation" until 2010
In order to bring relations in the field of cultural heritage of the peoples of the Russian Federation in line with Federal Law-73, the specified law defines a transitional period until 2010.
During the transition period, the following activities should be implemented:
1) develop and approve regulatory legal acts, the publication of which is attributed by FZ-73 to the powers of the Government of the Russian Federation, and laws of the relevant subjects of the Russian Federation in the field of cultural heritage;
2) to adopt a federal law that delimits objects of cultural heritage that are in state ownership, into federal property, the property of the constituent entities of the Russian Federation and municipal property;
3) register in the unified state register of cultural heritage objects of cultural heritage included in the specified register in accordance with Art. 64 FZ-73;
4) register in the unified state register of rights to real estate and transactions with it, the requirements for the preservation of cultural heritage objects, set out in the security lease agreements, security agreements and security obligations;
5) re-execute lease agreements for cultural heritage objects and agreements for the gratuitous use of state-owned cultural heritage objects with the participation of cultural heritage protection authorities;
6) ensure compliance with the procedure for coordinating urban planning and scientific design documentation and the procedure for coordinating and issuing permits for excavation, construction, land reclamation, economic and other works, established by Art. 31, 34, 35, 40, 42 of the Law of the RSFSR "On the protection and use of historical and cultural monuments";
7) when developing a regulation on historical settlements, determine the procedure for the development and approval of complex (combined) zones of protection of cultural heritage objects in the territories within whose boundaries cultural heritage objects of various categories of historical and cultural significance are located.
The system of state protection of cultural heritage objects
The effectiveness of the implementation of measures for the state protection of cultural heritage objects largely depends on the organization of the state protection system in the Russian Federation.
During the period of the Law of the RSFSR of December 15, 1978 “On the protection and use of historical and cultural monuments”, the system of state protection included the Ministry of Culture of Russia and local state bodies for the protection of historical and cultural monuments represented by cultural bodies or other state bodies.
In accordance with Decrees of the President of the Russian Federation No. 314 of March 9, 2004 and No. 649 of May 20, 2004, the Ministry of Culture and Mass Communications of the Russian Federation (Ministry of Culture of Russia), the Federal Service for Supervision of Compliance with Legislation in the Field of Mass Communications and the Protection of Cultural Heritage were established in the field of cultural heritage protection. Heritage (Rosokhrakultura) and the Federal Agency for Culture and Cinematography (Roskultura).
The powers of the Ministry of Culture of Russia include the implementation of state policy and legal regulation in the field of state protection, conservation, use and promotion of cultural heritage sites.
The powers of Roskultura include maintaining a unified state register of cultural heritage objects and organizing a state historical and cultural expertise in relation to cultural heritage objects.
The powers of Rosokhrankultura include the rest of the functions of the federal body for the protection of cultural heritage objects, as defined by Federal Law-73.
From the standpoint of the practical implementation of the functions of state protection of cultural heritage objects, the division of these powers between Rosokhrankultura and Roskultura is inappropriate, because in accordance with Art. 33 FZ-73, state protection is a single process, state accounting is its basis, and the conduct of state historical and cultural expertise is the basis for making decisions that are within the competence of Rosokhrankultura. The division of powers between the Federal Services and the Federal Agencies is based on the principle of separation of control and supervisory functions from the functions of managing state property and providing paid services.
Maintaining a unified state register of cultural heritage objects and conducting state historical and cultural expertise cannot be considered as activities for the provision of paid services, since:
1) the scope of work on maintaining the Register, established by Art. 20 FZ-73 does not contain measures for the use of information contained in the Register, but is aimed solely at registration, documentation and information support and monitoring of the Register data;
2) Rosokhrankultura cannot issue assignments, permits, prescriptions and coordinate documentation related to cultural heritage objects, without being able to quickly organize the necessary historical and cultural expertise;
3) the conduct of the state historical and cultural expertise is a research non-commercial activities, as a result of which no income is generated, and all funds received from the customer of the examination are directed exclusively to the organization and conduct of historical and cultural examination.
Given the above, it is advisable to combine the functions of state protection of cultural heritage objects, as not related to legal regulation and management of state property in the Federal Service for Supervision of Compliance with Legislation in the Sphere of Mass Communications and Cultural Heritage Protection.
The organization of the activities of state bodies for the protection of cultural heritage in the constituent entities of the Russian Federation currently requires improvement.
In accordance with the Law of the RSFSR dated December 15, 1978 “On the protection and use of historical and cultural monuments”, a significant number of powers for the protection and use of monuments (maintenance of state records, examination, conclusion of security leases, security contracts and security obligations; coordination of documentation, issuance of tasks, permits and instructions) was entrusted to the local state authorities for the protection of monuments.
The Ministry of Culture of the RSFSR, in established cases, coordinated these documents, and also ensured state control over compliance with legislation in the field of protection and use of monuments within its competence.
Changes in socio-economic conditions in the 1990s, the adoption of the Constitution of the Russian Federation, the entry into force of the Civil Code of the Russian Federation, the Budget Code of the Russian Federation and other regulatory acts of the Russian Federation led to contradictions between the existing Law of the RSFSR "On the Protection and Use of Monuments of History and Culture" and the new legislation .
The main contradiction was the discrepancy between the powers of state bodies for the protection of historical and cultural monuments in the subjects of the Russian Federation, defined by the aforementioned law of the RSFSR, and the permissible organizational and legal forms of their existence, established by the newly adopted federal laws.
For example, in many regions, practical activities for the state protection of historical and cultural monuments were carried out by scientific and production centers for the protection and use of historical and cultural monuments under the ministries of culture. autonomous republics, main departments and departments of culture of the regional executive committees and regional executive committees, formed in accordance with the order of the Ministry of Culture of the RSFSR dated January 26, 1990 No. 33 "On the reorganization of the management structure for the protection of historical and cultural monuments."
The absence in the title documents of research and production centers of indications of their organizational and legal form, their actual status of cultural institutions became an obstacle to the performance by these bodies of monument protection of the functions of state control and supervision. At the same time, in the regional cultural management bodies, which, as a rule, are the founders of these centers, the number of specialists authorized to deal with the protection of cultural heritage objects and exercise control and supervision functions is either minimal (1-5 people), or they are completely absent.
Nevertheless, in 60 constituent entities of the Russian Federation, these specialized organizations continue to function, exercising the powers of state bodies for the protection of cultural heritage objects in the form public institutions or state unitary enterprises.
FZ-73 stipulates that the powers of the relevant regional body for the protection of cultural heritage objects should be exercised by the authorized executive body of the constituent entity of the Russian Federation.
The activities of state bodies for the protection of cultural heritage objects in organizing the conduct of state historical and cultural expertise
In accordance with Federal Law-73, historical and cultural expertise is carried out in relation to:
1) objects that have the characteristics of an object of cultural heritage in accordance with Art. 3 FZ-73, identified in the process of research and other work;
2) land plots subject to economic development, including in the course of construction, land management, land reclamation and other activities;
3) documents justifying the inclusion of an object in the Register, the exclusion of an object from the Register, changing the category of historical and cultural significance of a cultural heritage object, classifying a cultural heritage object as a particularly valuable cultural heritage object of the peoples of the Russian Federation, attributing a cultural heritage object to a world cultural heritage site, attributing object of cultural heritage to historical and cultural reserves;
4) projects of zones of protection of a cultural heritage object, projects of land management, earthworks, construction, reclamation, economic and other works, the implementation of which may have a direct or indirect impact on a cultural heritage object;
5) urban planning, design documentation, urban planning regulations in cases established by Federal Law-73;
6) documents, including design documents, justifying the work to preserve the cultural heritage object in order to ensure its safety and use in modern conditions and work to restore the lost cultural heritage object;
7) documents substantiating the conduct of land management, excavation, construction, reclamation, economic and other works, the implementation of which may have a direct or indirect impact on a cultural heritage site.
State control in the field of conservation, use, promotion and state protection of cultural heritage objects
State control is carried out by the federal body for the protection of cultural heritage objects and the relevant regional bodies for the protection of cultural heritage objects within their competence. State control is implemented by:
1) control over compliance with legislation in the field of cultural heritage objects in terms of ensuring that individuals and legal entities comply with the requirements of state protection, conservation, use and promotion of cultural heritage objects;
2) control over the development of urban planning and design documentation, urban planning regulations, design and performance of work to ensure the safety of cultural heritage sites, land management, earthworks, construction, reclamation, economic and other works;
3) control over the state of objects of cultural heritage.
The issue of regulating urban planning activities in historical settlements, which requires interaction with federal agency for construction and housing and communal services, as well as with the Ministry of Regional Development.
More than 480 cities and towns in Russia were included in 1990 in the List of historical settlements by a joint decision of the boards of the Ministry of Culture of the RSFSR and the Gosstroy of the RSFSR and the Presidium of the Central Council of the All-Russian Society for the Protection of Natural and Cultural Monuments (VOOPIK).
The impossibility of regulating construction activities in historical urban development at that time was due to the lack of legislative registration of the status of settlements with a preserved historical environment.
In 2001, the Government of the Russian Federation, within the framework of the Federal Target Program "Preservation and Development of the Architecture of Historic Cities" (2002-10), revised the list of historical settlements.
The legal definition of the term "historical settlement" was given in FZ-73, which contains the concept of "object of protection of a historical settlement". In a historical settlement, all valuable city-forming objects are subject to state protection as a subject of protection: planning structure, the nature of development, landscape, archaeological structure, the appearance of buildings and structures, various functions acquired in the process of development.
However, the implementation of the provisions of FZ-73 regarding historical settlements will be possible only if a special procedure for regulating urban planning activities in these settlements is established and the list of such settlements is adjusted by a regulatory act of the Government of the Russian Federation.
Changing the categories of land plots, on which objects of cultural heritage and their territories are located, into the category of lands of historical and cultural purpose is possible after the establishment of a general procedure for changing the category of lands in the Russian Federation.
Currently, when a decision is made to include an object in the Register (registration in the Register of a cultural heritage object included in the Register in accordance with Article 64 of Federal Law-73), the boundaries of its territory are approved, within which land plots should be classified as historical land. cultural significance.
The absence of a procedure for classifying land plots as historical and cultural lands does not currently allow to adequately ensure the safety of cultural heritage objects using the tools of land legislation.
One of the solutions to this problem can be the approval by the Government of the Russian Federation of the Regulations on the procedure for classifying land plots within the boundaries of cultural heritage sites as historical and cultural lands and entering them into the Land Cadastre of the Russian Federation, which requires joint work with the Federal Real Estate Cadastre Agency to determine the procedure for carrying out this activity.
3. Protection of cultural heritage sites
Problems of preservation of cultural heritage sites
The requirements of Federal Law-73 on the need to carry out repair and restoration work on cultural heritage sites and to involve specialist restorers for their implementation are often ignored by the customers of works on monuments, which leads to the replacement of repair and restoration work with work on the reconstruction of cultural heritage objects.
A serious problem at the present time is the tendency firmly established in building practice to destroy genuine monuments and create instead of them more or less exact copies from modern building materials, which was noted in the report to the Government of the Russian Federation “Architecture of Russia. State and development prospects”, prepared by the Russian Academy of Architecture and Building Sciences in 2002.
This trend is contrary to international law (Venice Charter) and Art. 47 FZ-73, in which the reconstruction of cultural heritage objects is carried out in exceptional cases with a special significance of the object, and work on the reconstruction of lost cultural heritage objects is carried out using technologies for preserving cultural heritage objects. This rule does not provide for the demolition of existing cultural heritage sites.
Information on the state of a significant part of cultural heritage sites in the Russian Federation allows us to assess the current situation in this area as critical. Under such conditions, there is a real danger that in the near future many historical and cultural values of Russia may be irretrievably lost.
With the reduction of federal budget funds allocated for the preservation of cultural heritage objects, the share of other sources of funding increased to some extent - regional and local budgets, own funds of investors (owners or users), the Russian Orthodox Church and other confessions.
Precise quantitative data on the volume of these investments is currently not available.
However, with a certain increase in funding, in many cases investors involve unskilled personnel in the performance of work, restoration is carried out with gross violations of methodological and technological standards, often without project documentation agreed in the prescribed manner and in the absence of certified professional restorers or contrary to their recommendations.
Such illegal activities must be stopped by all possible legal means.
The state of the estimated and normative base in the field of restoration and restoration work deserves special attention.
Restoration and restoration work at cultural heritage sites from 01.01.05 must be carried out in accordance with the "Federal Estimated Norms" (FSN-2001) and "Territorial Unit Rates" (TER-2001).
4. Use of cultural heritage sites
Peculiarities of renting objects of cultural heritage and gratuitous use of objects of cultural heritage
According to the Decree of the Council of Ministers of the USSR dated September 16, 1982 No. 865 “On approval of the regulation on the protection and use of historical and cultural monuments”, currently in force within the framework of the transitional provisions of Federal Law-73, state-owned immovable historical and cultural monuments were transferred to in accordance with the established procedure to the balance of local state authorities for the protection of monuments (currently - the relevant regional authorities for the protection of cultural heritage) for the use of individuals and legal entities.
The procedure and conditions for the use of each monument, which is state-owned and provided for use on the basis of the right of lease or gratuitous use, was determined by the corresponding document of protection: a security-lease agreement for the use of an immovable monument of history and culture (hereinafter - a security-lease agreement), a security agreement for transfer of an immovable monument of history and culture under the protection of the state (hereinafter referred to as a security agreement) or a security obligation for an immovable monument of history and culture.
The security-lease agreement was concluded between an individual or legal entity, to which the object of cultural heritage is provided for use, and the relevant regional body for the protection of cultural heritage objects, on the balance of which this object is located. For the use of monuments on the basis of a security-lease agreement, a rent is collected, which goes to a special account and is spent by it exclusively on measures to ensure the safety of cultural heritage sites.
The contract of protection is concluded between the religious organization, in the use of which the object of cultural heritage is provided for the performance of religious rites in it, and the relevant regional body for the protection of cultural heritage objects, on the balance of which this object is located. No rent shall be charged for the use of monuments of cult purpose for the performance of cult rites in them. When religious organizations use cultural heritage sites, their individual premises, as well as territories and structures associated with them for economic or other purposes, security and lease agreements are concluded on a general basis.
A security obligation for an immovable monument of history and culture is issued to the relevant regional body for the protection of cultural heritage objects:
1) an individual or legal entity using the object of cultural heritage for residential, scientific, cultural, educational, tourism and other purposes;
2) an individual or legal entity for the use of which a state-owned land plot with objects of cultural heritage located on it has been granted, with the exception of objects used on the basis of security lease or security agreements;
3) an individual or legal entity whose ownership of a cultural heritage object arose before the entry into force of the Federal Law of December 21, 2001 No. 178-FZ "On the Privatization of State and Municipal Property" (hereinafter - Federal Law of December 21, 2001 No. 178-FZ ),
For cultural heritage objects alienated from state property in accordance with Federal Law No. 178-FZ of December 21, 2001, a security obligation is issued during the privatization of a cultural heritage object, the conditions of which are determined in accordance with Decree of the Government of the Russian Federation of December 16, 2002 No. preparation and fulfillment of security obligations during the privatization of cultural heritage objects”:
Currently, the privatization of objects of cultural heritage of federal significance has been suspended in accordance with paragraph 2 of Art. 63 FZ-73 before adoption federal law, which delimits objects of cultural heritage that are in state ownership, into federal property, the property of the constituent entities of the Russian Federation and municipal property.
In accordance with the transitional provisions of Federal Law-73, prior to registration in the established manner of a cultural heritage object in the unified state register of cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation, security lease agreements, security agreements and security obligations for an immovable monument of history and culture are applied, established by the Decree of the Council of Ministers of the USSR of September 16, 1982 No. 865.
After this registration, the provision of cultural heritage objects for use must be carried out in accordance with Art. 55 and 56 of FZ-73 by concluding, on behalf of the respective owner, a lease agreement for a cultural heritage object or an agreement for the gratuitous use of a cultural heritage object containing information about the features that make up the object of protection of the object, as well as the established requirements for the preservation of the cultural heritage object.
The absence of a legally defined owner of a cultural heritage object in many cases will lead to legal uncertainty as to who exactly is authorized to conclude a contract for the lease of a cultural heritage object or an agreement for the gratuitous use of a cultural heritage object.
Thus, the registration of a cultural heritage object in the unified state register of cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation is formally the basis for the termination of existing security-lease and security agreements, and in the face of uncertainty of the owner of a cultural heritage object, it can create legal uncertainty in the eligibility conclusion of lease agreements for cultural heritage objects and agreements for the gratuitous use of cultural heritage objects.
Main restrictions on the use of cultural heritage sites
In accordance with Federal Law-73, a cultural heritage object is used with the obligatory observance of the following requirements:
1) ensuring the invariability of the appearance and interior of a cultural heritage object in accordance with the features of this object, which served as the basis for its inclusion in the Register and are the subject of protection of this object, described in its passport;
2) coordination in the manner prescribed by paragraph 4 of Art. 35 FZ-73, designing and carrying out land management, excavation, construction, reclamation, economic and other works on the territory of a cultural heritage object or on a land plot or a water body plot within which an archaeological heritage object is located;
3) ensuring the regime of maintenance of lands of historical and cultural purpose;
4) ensuring access to the cultural heritage object, the conditions of which are established by the owner of the cultural heritage object in agreement with the relevant body for the protection of cultural heritage objects.
Restrictions on the use of a cultural heritage object are included in the passport of a cultural heritage object, which is issued to its owner and is one of the mandatory documents for state registration rights and restrictions (encumbrances) associated with the object of cultural heritage.
Upon state registration of the rights of lease or gratuitous use arising on the basis of a security lease agreement, a security agreement, a security obligation for an immovable monument of history and culture, a contract for the lease of a cultural heritage object, an agreement for the gratuitous use of a cultural heritage object, a security obligation during the privatization of a cultural heritage object, containing the necessary information to ensure the safety of the cultural heritage object, state registration of restrictions (encumbrances) associated with the cultural heritage object is carried out.
Conditions effective use cultural heritage sites
The total number of cultural heritage objects currently included in the state lists of immovable monuments of history and culture is about 90 thousand objects (without specifying their object and property composition).
To carry out the procedure for registering a cultural heritage object in the Register, it is necessary to conduct a state historical and cultural expertise that justifies the inclusion of these objects in the Register.
This procedure requires significant financial investments. The total amount of funds required for work related to registration is, according to expert estimates, at least 9.5 billion rubles.
In accordance with Federal Law-73, registration should be completed by 2010. Given the volume and duration of registration work in the near future, the financial need for funds for registration and related historical and cultural expertise should be considered as a priority in the implementation of continuous funding.
The costs of state protection also include funds for monitoring compliance with the law, developing urban planning and design documentation, developing and coordinating projects for cultural heritage protection zones, monitoring the state of cultural heritage objects and a number of other activities. These costs are provided for by the federal budget and the budgets of the constituent entities of the Russian Federation.
The largest part of the cost of ensuring the safety of cultural heritage objects is the cost of preserving cultural heritage objects. For example, the share of restoration costs accounts for 68% (4.395 billion rubles) of the total funding for 2001-05, declared in Section III "Russian Cultural Heritage" of the Federal Target Program "Culture of Russia".
5. Financial provision of state protection, preservation and promotion of cultural heritage sites
According to expert estimates, the average cost of 1 m 2 of restoration work is currently at least 31 thousand rubles.
According to a survey of state authorities for the protection of cultural heritage sites in 52 constituent entities of the Russian Federation, the total area of buildings and structures classified as cultural heritage sites and requiring restoration is more than 9 million m2.
Thus, only in these regions can we talk about the need to finance restoration work in the amount of at least 290 billion rubles.
To promising sources of formation financial resources to ensure the safety of cultural heritage sites include:
1) legislative delimitation of property rights to cultural heritage objects as a means of determining the real owners who are able to bear the burden of costs for the maintenance of cultural heritage objects;
2) privatization of cultural heritage objects as a way to diversify the burden of costs for the maintenance of a certain part of cultural heritage objects on a wide range of owners;
3) attracting, as additional sources of financing the costs of ensuring the safety of cultural heritage objects, rent for the use of land plots within the boundaries of the territories of cultural heritage objects;
4) creation of the most effective mechanisms for the accumulation and expenditure of funds in the field of state protection, conservation, use and promotion of cultural heritage sites.
Organization privatization of cultural heritage objects, which should be carried out after the legislative differentiation of property rights to them, requires the preliminary creation of the necessary conditions.
If the necessary conditions are met, the privatization of even an investment-attractive part of cultural heritage objects can bring significant funds.
The transfer of 1 million m2 of monument buildings to private ownership, subject to the fulfillment by their new owners of security obligations, stimulates restoration work at these objects in the amount of approximately 2.5-3 billion rubles, the activation of the restoration industry, an increase in the production of building materials, the creation of an additional 50 thousand jobs. At the same time, the total amount of tax deductions to the budget for various reasons can range from 500 to 1000 million rubles.
When evaluating the results of the privatization of cultural heritage objects, it is advisable to take into account also the income from the possible privatization of land plots associated with them.
However, despite economic benefits from the privatization of cultural heritage, it should not be considered as the main means for ensuring the preservation of cultural heritage.
Firstly, most of the cultural heritage objects do not have investment attractiveness for potential owners, which is due to the impossibility of using these objects for their needs (these include buildings and structures occupied by authorities and administrations, organizations of culture, education, health and science, religious and other non-profit organizations; works of monumental sculpture, burials, objects of archaeological heritage and other objects of cultural heritage of common use), as well as their technical condition, underdevelopment of infrastructure, remoteness and other factors.
There is no doubt that in relation to ruined or in disrepair cultural heritage sites and the lack of funds for their restoration by the Russian Federation, a constituent entity of the Russian Federation or a municipality, the privatization of such cultural heritage sites at minimum prices (virtually free of charge) can be one of the effective measures to save of these cultural heritage objects from the threat of physical loss.
Secondly, with the investment attractiveness of a cultural heritage object, the possible income from its privatization should be correlated with the benefit from the lease of this object, the mandatory costs of creating conditions for privatization and the subsequent costs of paying compensation to the owner for performing work to preserve the cultural heritage object.
6. Legal support in the field of cultural heritage
Cultural heritage objects are a special type of property, the handling of which imposes certain obligations on their owners and users.
Features of the possession, use and disposal of cultural heritage objects are reflected not only in the basic Federal Law-73, but also in the Land Code of the Russian Federation, the Civil Code of the Russian Federation, the Code of Administrative Offenses of the Russian Federation, in federal laws "On state registration of rights to real estate and transactions with it ", "On licensing certain types of activities", "On the privatization of state and municipal property", other federal laws.
Features of design and construction on the territory of the Russian Federation are determined by the Town Planning Code of the Russian Federation, in which the territories occupied by objects of cultural heritage are subject to special regulation. In January 2005, a new Urban Planning Code was adopted, in which the features of urban planning activities on the territory of ancient Russian cities that have a large number cultural heritage sites are not properly reflected.
The competence of state authorities of the subjects of the Russian Federation and municipalities in relation to objects of cultural heritage of the Russian Federation is established in the federal laws "On the general principles of organizing legislative (representative) and executive bodies of state power of the subjects of the Russian Federation" and "On the general principles of organizing local self-government in the Russian Federation" .
However, despite such a serious legal framework that ensures the protection, preservation and use of cultural heritage sites, there is a need for its additions and changes.
For the implementation of federal laws in full, it is necessary to have relevant by-laws, which have not yet been approved.
The Ministry of Culture and Mass Communications of the Russian Federation is completing the coordination of by-laws in the federal ministries, the adoption of which is provided for by Federal Law-73, for their submission in the prescribed manner to the Government of the Russian Federation for approval.
Without provisions on the Unified State Register of Cultural Heritage Objects and the State Historical and Cultural Expertise, activities for the protection and preservation of cultural heritage objects are difficult.
In addition, the absence of the above by-laws hinders the preservation of a cultural heritage object during its sale or transfer for use, since without determining the subject of protection and the boundaries of the territory of the cultural heritage object, it is impossible to establish encumbrances on this object, on land within its territory and register the object in Land registry.
There is no Regulation on the procedure for submitting to the institutions of justice for state registration of the rights of information about immovable property classified as objects of cultural heritage and identified objects of cultural heritage (prepared by the Ministry of Justice of the Russian Federation), which must be approved simultaneously with the Regulation on the Unified State Register of Cultural Heritage Objects ( monuments of history and culture) of the peoples of the Russian Federation.
In the absence of this by-law, the justice authorities can register transactions with cultural heritage objects without having information about the features and encumbrances of these objects.
There is no Regulation on the estimated value of a cultural heritage object, on the basis of which it is possible to determine the value of an object during privatization and establish the insured value of a heritage object.
It is necessary to develop a Regulation on classifying the lands of cultural heritage objects as lands of historical and cultural purpose.
Practice has shown that in addition to by-laws to federal laws, it is also necessary to develop new legislative acts and make additions to existing legislation.
It is necessary to develop a draft federal law on the delimitation of property rights to objects of cultural heritage, the adoption of which will make it possible to lift the existing moratorium on the privatization of objects of cultural heritage of federal significance. If adopted, the ban on the privatization of objects of cultural heritage of federal significance and the registration of federal property rights, property rights of subjects of the Russian Federation and municipal property rights will be lifted, and historical and cultural monuments will be included in civil circulation.
The main features of objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation
The structure of subjects in the field of state protection, conservation, use and promotion of cultural heritage
Necessary conditions for organizing the process of privatization of cultural heritage objects
1. Adoption of a federal law on the delimitation of property rights to cultural heritage objects and the operational formation, coordination and approval of delimiting lists of cultural heritage objects.
2. Approval of methods for determining the subject of protection of cultural heritage sites and the boundaries of their territories.
3. Registration of objects of cultural heritage in the unified state register of objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation, indicating the owners of objects of cultural heritage based on the information of the demarcation lists.
4.1. Determination of a mechanism for deferred entry into ownership, taking into account the mandatory fulfillment by the future owner of a security obligation.
4.2. Determination of the procedure for forced (including gratuitous) withdrawal from the unscrupulous owner of a cultural heritage object, which is in danger of complete physical loss or loss of its subject of protection.
5. Establishing the procedure and features of registration in the unified state register of rights to real estate and transactions with it restrictions (encumbrances) associated with cultural heritage sites.
6. Issuance of passports of cultural heritage objects to their owners.
7. State registration of property rights to objects of cultural heritage and restrictions (encumbrances) associated with objects of cultural heritage, based on the passport of the object of cultural heritage.
8. Ensuring access to an object that is in private ownership for the implementation of the inspection activities of state bodies for the protection of cultural heritage objects.
9.1. Approval of the methodology for assessing the value of cultural heritage sites.
9.2. Approval of the methodology for assessing the insured value of a cultural heritage object to determine the amount of damage that may be caused to a cultural heritage object.
In general, the privatization of cultural heritage objects is one of the possible ways to ensure their safety only for investment-attractive cultural heritage objects (primarily buildings and land plots), which make up less than 15% of the total cultural heritage.
Possible options for formalizing the legal status of lands of cultural heritage sites
Option 1. When registering in the unified state register of rights to real estate and transactions with it (USRR) of land plots on which cultural heritage objects are located, owned, operational management, economic management, lease or gratuitous use of legal entities or individuals.
*Land plots can be registered in ownership, permanent (unlimited) use, fixed-term use or leased.
* The basis for registration is the availability of title documents for cultural heritage sites and other real estate objects located within the boundaries of the land plot.
* Registration of a land plot in the USRR is carried out after registration of the land plot in the Unified State Register of Lands (USRZ) and assignment of the corresponding cadastral number to it with the obligatory indication of the location, boundaries and area of the site.
Option 2. When registering (re-registering) transactions with objects of cultural heritage in the USRR (purchase and sale, right operational management or economic management, lease agreements or gratuitous use agreements securing legal ornatural persons corresponding objects of cultural heritage).
* Simultaneously with the registration of the transaction, registration of restrictions (encumbrances) on the use of cultural heritage sites and their territories is carried out.
*Restrictions on the use of the territory registered in the USRR can be included in the USRR according to the existing form of the land cadastre, either in the form of restrictions on the use of a land plot, or in the form of maintenance regimes for the corresponding territorial zone.
Option 3. Inclusion of information in the state land cadastre (SLC) in the event of a change in the current category of land to land of historical and cultural purpose when registering real estate in the unified state register of objects of cultural heritage of the peoples of the Russian Federation (hereinafter referred to as the Register).
* The SLC provides information on the boundaries of the territory of a cultural heritage object (land plots located within its territory) and the modes of its maintenance based on an extract from the Register.
* The procedure for registering cultural heritage objects in the Register requires determining the subject of protection for each object, as well as conducting a survey of the boundaries of the territories of cultural heritage objects.
Option 4. Inclusion of information on historical and cultural restrictions associated with land plots in the SLC when approving zones of protection of cultural heritage objects in the prescribed manner.
* Within the boundaries of the territories of each of the approved protection zones, a special territorial zone can be formed, in which restrictions are established on land management, earthworks, urban planning, construction or other activities.
* The official source of information about the territorial zone is the executive authority of the constituent entity of the Russian Federation.
Option 5. Direct change in the category of lands to lands of historical and cultural purpose (it is advisable to use for places of interest classified as historical and cultural reserves).
* Carried out by the regulatory legal documents of the Government of the Russian Federation, the executive authority of the subject of the Russian Federation or the administration of the municipality within their competence.
* It is possible only after the implementation of the delimitation of state ownership of land in the prescribed manner.
* A prerequisite is a regulatory legal act on changing the category of land.
The Problem of Legislative Definition of Property Rights to Cultural Heritage Objects in State Ownership
Questions related With lack of legislative differentiation of property rights:
1. Who should be indicated as the owner when registering cultural heritage objects in the unified state register of cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation?
2. To whom is a passport of a cultural heritage object registered in the Register issued?
3. Who is obliged to provide documents for state registration of restrictions (encumbrances) associated with a cultural heritage object?
4. Who bears the burden of maintenance (including preservation) of the cultural heritage object and is responsible for ensuring its safety?
5. On whose behalf will the privatization of state-owned cultural heritage objects be carried out?
6. Who is entitled to use cultural heritage objects and receive income from their use after the registration of a cultural heritage object in the Register?
Federal Law of June 25, 2002 No. 73-FZ "On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation":
1. Identified the need to adopt a federal law delimiting state-owned cultural heritage objects into federal property, property of the constituent entities of the Russian Federation and municipal property.
2. Suspended the privatization of objects of cultural heritage of federal significance.
3. Suspended the registration of the right of federal property, the right of ownership of subjects of the Russian Federation or a local self-government body to cultural heritage objects that are in state ownership.
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